HomeMy WebLinkAboutStanley Consultants - Supplemental Agreement No. 3, Cont. No. 1013 - 9.20.2021 C SUPPLEMENTAL AGREEMENT NO. 03
This Supplemental Agreement, made and entered into by and between STANLEY CONSULTANTS, INC.
(Consultant) and CITY OF WATERLOO (Client) amends their agreement of September 23, 2019, for
Consultant to provide services to the Client for the Feasibility Study for Replacement of Park Avenue and 11th
Street Bridges over the Cedar River, as follows:
Scope of Services
This Supplemental Agreement is for project coordination and permitting related activities to relocate freshwater
mussels from the Area of Direct Impact as well as upstream and downstream buffer at the Park Avenue
Bridge, additional design services, construction administration, observation and materials testing. Refer to
attachment Exhibit 1 — Scope of Services.
Time of Beginning and Completion
October 1, 2021 through December 31, 2023
Fees and Payments
Original Professional Services Agreement $505,000.00
Supplemental Agreement No. 1 $28,643.00
Supplemental Agreement No. 2 $1,043,000.00
Task Compensation
Mussel Relocation Services $116,200.00
Additional Design Phase Services $36,000.00
Construction Administration & Engineering During Construction $321,100.00
Resident Project Representative &Construction Observation $1,376,600.00
Materials Sampling&Testing $95,700.00
Supplemental Agreement No. 3-Subtotal Amount $1,945,600.00
New Total Contract Amount $3,522,243.00
Except as specifically amended by this Supplemental Agreement, all the terms and conditions of the original
Agreement dated September 23, 2019 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Supplemental Agreement to be executed on the date
below indicated.
STANLEY CONSULTANTS, INC. CITY OF WATERLOO
-D By: • By:
Daniel R. Fullerton, P.E.
Client Service Manager
Date: September 13, 2021 Date: 9/20/2021
Attest: Attest:
By: JL� By: q't
Wendy Diekema
City_of_Waterloo_lowa\29363-11th and Park Ave Bridge Replacements\01-Contracts\210816_SA3_CityofWaterloo_ParkAve11thStBridges_29363.docx
SC3881 1014
CExhibit 1 - Scope of Services
Stanley Consultants INC.
PARK AVENUE AND 11TH STREET OVER CEDAR RIVER BRIDGE REPLACEMENTS
PRELIMINARY AND FINAL DESIGN
CITY OF WATERLOO, IOWA
The City of Waterloo(CLIENT)proposes replacing the existing Park Avenue and 111 Street over Cedar
River Bridges. The existing bridges in downtown Waterloo are nearing the end of their service life.
The project letting will be administered through the Iowa DOT Contracts and Specifications
Bureau.
This Scope of Services includes Engineering During Construction, Construction Administration
and Observation and Materials Sampling and Testing services.
Upon written authorization from the CLIENT to proceed,the CONSULTANT shall perform Basic
Services consisting of those described in paragraphs 1.1 through 1.17.
PART 1 -BASIC SERVICES
1.1 Administration of Construction Contract. Consult with CLIENT and act as CLIENT'S
representative. The extent and limitations of duties,responsibilities and authority of
CONSULTANT shall not be modified, except as CONSULTANT may otherwise agree in
writing. All of CLIENT'S instructions to Contractor will be issued through CONSULTANT,who
shall have authority to act on behalf of CLIENT in dealings with Contractor to extent provided in
this Agreement except as otherwise provided in writing.
1.2 CONSULTANT will provide Construction Services to the CLIENT in accordance with Iowa
DOT Local Systems Bureau I.M.No. 6.000"Construction Inspection.", dated June 15, 2021.
1.3 Pre-Construction Conference. Conduct Pre-Construction Conference prior to commencement of
Work at Site. CONSULTANT shall prepare and distribute meeting notes to meeting attendees.
Up to four(4)persons from CONSULTANT will participate in the meeting.
1.4 CONSULTANT will use the Iowa DOT FieldBook2,FieldManager computer program for
completing Inspector Daily Reports (IDR's) documentation and document progress of field work
and process payments to the Contractor.
1.5 CONSULTANT will use Iowa DOT Doc Express program to submit and store electronic
documentation.
1.6 Visits to Site and Observation of Construction by Project Engineer. In connection with
observations of Contractor's work while it is in progress:
1.6.1 Make visits to Site once every two weeks,to observe as an experienced and qualified
design professional the progress and quality of Work. This visit will occur generally at
the same time as Progress Meetings are being held. Such visits and observations by
CONSULTANT are not intended to be exhaustive or to extend to every aspect of
Contractor's work in progress or to involve detailed inspections of Contractor's work in
progress beyond responsibilities specifically assigned to CONSULTANT in this
Agreement and Contract Documents,but rather are to be limited to spot checking,
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CExhibit 1 - Scope of Services
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selective sampling,and similar methods of general observation of Work based on
CONSULTANT'S exercise of professional judgment as assisted by Resident Project
Representative. Based on information obtained during such visits and such observations,
CONSULTANT will determine in general if Contractor's work is proceeding in
accordance with Contract Documents, and CONSULTANT shall keep CLIENT informed
of progress of Work.
1.6.2 The purpose of CONSULTANT'S visits to Site, will be to enable CONSULTANT to
better carry out duties and responsibilities assigned to and undertaken by
CONSULTANT during Construction Phase, and,in addition,by exercise of
CONSULTANT'S efforts as an experienced and qualified design professional,to provide
for CLIENT a greater degree of confidence that completed Work will conform in general
to Contract Documents and that integrity of design concept of completed Project as a
functioning whole as indicated in Contract Documents has been implemented and
preserved by Contractor. CONSULTANT shall not,during such visits or as a result of
such observations of Contractor's work in progress, supervise,direct,or have control over
Contractor's work,nor shall CONSULTANT have authority over or responsibility for
means,methods,techniques, sequences,or procedures of construction selected by
Contractor, for safety precautions and programs incident to Contractor's work, or for any
failure of Contractor to comply with Laws and Regulations applicable to Contractor's
furnishing and performing the Work. Accordingly, CONSULTANT neither guarantees
performance of any Contractor nor assumes responsibility for any Contractor's failure to
furnish and perform its work in accordance with Contract Documents.
1.6.3 The project scope for resident observation services is based on full-time observation
during the construction phase. Refer to the following paragraphs for detailed scope of
services for resident observation services.
1.7 Resident Project Representative(RPR). Provide services of RPR and other field staff at Site to
assist CONSULTANT and to provide more extensive observation of Contractor's work. The
RPR and other field staff may provide full time representation or may provide representation to
lesser degree. Furnishing of such RPR's services will not extend CONSULTANT'S duties and
responsibilities or authority beyond specific limits set forth elsewhere in this Scope of Services,
and are further limited and described as follows:
1.7.1 General: RPR is CONSULTANT'S agent at Site,will act as directed by and under
supervision of CONSULTANT. RPR's dealings in matters pertaining to Contractor's
work in progress shall in general be with CONSULTANT and Contractor,keeping
CLIENT advised as necessary. RPR's dealings with subcontractors shall only be through
or with full knowledge and approval of Contractor. RPR shall generally communicate
with CLIENT with knowledge of and under direction of CONSULTANT. The RPR will
be on site to observe the work any time the contractor,or sub-contractors, are performing
work on the project throughout the duration of construction.Additional field staff will be
available to assist the RPR at times when the volume of the Contractor's work dictates it
is needed.
1.7.2 Schedules: Review progress schedule, schedule of Shop Drawing and submittals,
prepared by Contractor and consult with CONSULTANT concerning acceptability.
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1.7.3 Conferences and Meetings: Attend meetings with Contractor, such as pre-construction
conference,progress meetings, and other project-related meetings, and prepare and
circulate copies of meeting notes.
1.7.4 Interpretation of Contract Documents: Report to CONSULTANT when clarifications
and interpretations of Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued by CONSULTANT.
1.7.5 Shop Drawings and Submittals:
1.7.5.1 Record date of receipt of Submittals and Shop Drawings.
1.7.5.2 Receive Submittals which are furnished at Site by Contractor,and notify
CONSULTANT of availability of Submittals for examination.
1.7.5.3 Advise CONSULTANT and Contractor of commencement of any portion of
work requiring a Shop Drawing or Submittal for which RPR believes that
submittal has not been approved by CONSULTANT.
1.7.6 Modifications: Consider and evaluate Contractor's suggestions for modifications in
Drawings or Specifications and report with RPR's recommendations to CONSULTANT.
Transmit to Contractor in writing decisions as issued by CONSULTANT.
1.7.7 Review of Work and Rejection of Defective Work:
1.7.7.1 Conduct on-site observations of Contractor's work in progress to assist
CONSULTANT in determining if Work is in general proceeding in accordance
with Contract Documents.
1.7.7.2 Report to CONSULTANT whenever RPR believes that any part of Contractor's
work in progress will not produce a completed Project that conforms generally to
Contract Documents.
1.7.8 Sampling and Testing:
1.7.8.1 CONSULTANT will review test records from the Contractor and submit all
records to the CLIENT and Iowa Department of Transportation(Iowa DOT).
1.7.8.2 CONSULTANT will recommend material acceptance by certification and
approved brand according to Iowa DOT Material Instructional Memorandums.
1.7.8.3 CONSULTANT will use a SUBCONSULTANT that will provide material
sampling and testing services in accordance with Iowa DOT Instructional
Memorandum I.M.No. 204"Inspection of Construction Project Sampling&
Testing."and the Construction Manual. SUBCONSULTANT'S staff will be
certified to perform their tasks as required by the Iowa DOT and on Federal-aid
Contracts.
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CExhibit 1 - Scope of Services
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1.7.9 Records:
1.7.9.1 Maintain at Site orderly files for correspondence,reports of job conferences,
reproductions of original Contract Documents including all Change Orders,Field
Orders,Addenda,additional Drawings issued subsequent to execution of
Contract,CONSULTANT'S clarifications and interpretations of Contract
Documents,progress reports, Shop Drawing and submittals received from and
delivered to Contractor, SWPPP inspections, and other Project related
documents.
1.7.9.2 Provide weekly SWPPP reviews along with CLIENT and Contractor personnel,
as required by Iowa DNR and CLIENT.
1.7.9.3 Prepare Daily Diary and keep diary or log book,recording Contractor's hours on
site,number of workers and job title for each,weather conditions,measurement
of quantities,data relative to questions of Change Orders,Field Orders,or
changed conditions, Site visitors,daily activities,decisions,observations in
general,and specific observations in more detail as in case of observing test
procedures; and send copies to CONSULTANT.
1.7.9.4 Record names,addresses and telephone numbers of all Contractors,
subcontractors, and major suppliers of materials and equipment.
1.7.9.5 Maintain records for use in preparing Project documentation.
1.7.9.6 Upon completion of Work,furnish original set of all RPR Project documentation
to CONSULTANT.
1.7.10 Reports:
1.7.10.1 CONSULTANT will furnish CLIENT and Iowa DOT Daily Diaries and Weekly
Report of Progress of Work and of Contractor's compliance with progress
schedule and schedule of Shop Drawing and submittals.
1.7.10.2 CONSULTANT will perform weekly preparation of Report of Working Days
(Iowa DOT Form 830241.)
1.7.10.3 Draft and recommend to CONSULTANT proposed Change Orders, and Field
Orders. Obtain backup material from Contractor.
1.7.10.4 Furnish to CONSULTANT and CLIENT copies of all inspection and test
reports.
1.7.10.5 Report immediately to CONSULTANT and CLIENT the occurrence of any Site
accidents, any Hazardous Environmental Conditions, emergencies, or acts of God
endangering the Work,and property damaged by fire or other causes.
1.7.11 Payment Requests: Review Applications for Payment with Contractor for compliance
with established procedure for their submission and forward with recommendations to
CONSULTANT,noting particularly relationship of payment requested to estimated pay
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item quantities,Work completed, and materials and equipment delivered at Site but not
incorporated in Work. CONSULTANT will review and submit payment requests to the
CLIENT every two weeks.
1.7.12 Certificates: During course of Work,verify that materials certificates and equipment and
other data required by Specifications to be assembled and furnished by Contractor are
applicable to items actually installed and in accordance with Contract Documents, and
have these documents delivered to CONSULTANT for review and forwarding to
CLIENT prior to payment for that part of Work.
1.7.13 Completion:
1.7.13.1 Before CONSULTANT issues Certificate of Substantial Completion, submit to
Contractor a punch list of observed items requiring completion or correction. Up
to three (3)persons from CONSULTANT shall participate in punch list walk
through.
1.7.13.2 Observe whether Contractor has arranged for inspections required by Laws and
Regulations,including but not limited to those to be performed by public
agencies having jurisdiction over the Work.
1.7.13.3 Participate in final inspection in company of CONSULTANT, CLIENT, and
Contractor and prepare final punch list of items to be completed or corrected.Up
to two(2)persons from CONSULTANT shall participate in final inspection.
1.7.13.4 Observe whether all items on final punch list have been completed or corrected
and make recommendations to CONSULTANT concerning acceptance and
issuance of Notice of Acceptability of Work.
1.8 Progress Meetings. Progress Meetings will occur every two weeks during construction to review
construction progress,the updated project schedule,the status of pay applications and submittals,
and future work activities. CONSULTANT shall conduct meeting,prepare meeting notes, and
distribute notes to meeting attendees.Up to two(2)persons from CONSULTANT shall
participate in the meeting.
1.9 Defective Work. Recommend to CLIENT that Contractor's work be disapproved and rejected
while it is in progress if, on basis of such observations,CONSULTANT believes that such work
will not produce a completed Project that conforms generally to Contract Documents.
1.10 Clarifications and Interpretations; Instructions to Contractor. Review Contractor Requests for
Information (RFI). Issue necessary clarifications and interpretations of Contract Documents as
appropriate for completion of Contractor's work.
1.11 Change Orders. Review Contractor Change Order requests. Recommend Change Orders to
CLIENT,as appropriate,and prepare Change Orders.
1.12 Applications for Payment. Based on CONSULTANT'S observations as an experienced and
qualified design professional and on review of Contractor's work,prepare Applications for
Payment and accompanying supporting documentation:
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1.12.1 CONSULTANT shall recommend payment amount. Such recommendations of
payment will be in writing and will constitute CONSULTANT'S representation to
CLIENT,based on such observations and review,that,to best of CONSULTANT'S
knowledge,information and belief, Contractor's work has progressed to point
indicated,quality of such work is generally in accordance with Contract Documents,
and conditions precedent to Contractor's being entitled to such payment appear to have
been fulfilled in so far as it is CONSULTANT'S responsibility to observe Contractor's
work.
1.12.2 By recommending any payment, CONSULTANT shall not thereby be deemed to have
represented that observations made by CONSULTANT to check quality or quantity of
Contractor's work as it is performed and furnished have been exhaustive, extended to
every aspect of Contractor's work in progress, or involved detailed inspections of
Work beyond responsibilities specifically assigned to CONSULTANT in this
Agreement and Contract Documents. Neither CONSULTANT'S review of
Contractor's work for purposes of recommending payments nor CONSULTANT'S
recommendation of any payment including final payment will impose on
CONSULTANT responsibility to supervise,direct, or control Contractor's work in
progress or for means,methods,techniques, sequences, or procedures of construction
or safety precautions or programs incident thereto,or Contractor's compliance with
Laws and Regulations applicable to Contractor's furnishing and performing the Work.
It will also not impose responsibility on CONSULTANT to make any examination to
ascertain how or for what purposes Contractor has used moneys paid on account of
Contract Price, or to determine that title to any portion of work in progress,materials,
or equipment has passed to CLIENT free and clear of any liens,claims, security
interests, or encumbrances,or that there may not be other matters at issue between
CLIENT and Contractor that might affect amount that should be paid.
1.13 Record Drawings: Provide to the CLIENT a final set of Record Drawings showing appropriate
record information based on the Project annotated record documents. Record Drawings will be
red-line markup maintained in the field by the RPR of Contract drawings. CONSULTANT will
transfer red-line markup to CAD file and provide an electronic PDF format to CLIENT.
1.14 Contractor's Completion Documents.
1.14.1 Receive bonds, certificates,or other evidence of insurance not previously submitted and
required by Contract Documents, certificates of inspection,tests and approvals, Shop
Drawings,guarantees,and other data which are to be assembled by Contractor in
accordance with Contract Documents to obtain final payment.
1.14.2 CONSULTANT shall transmit these documents to CLIENT.
1.15 Duration of Construction Phase. Construction Phase will commence after the execution of
Construction Agreement for Project on the date stated in the Notice to Proceed. Construction
phase will terminate upon written recommendation by CONSULTANT for final application for
payment with recommendation for release of retainage to Contractor. Construction Phase is based
on 260 Working Days assigned to each bridge and is assumed Contractor's work will cover two
construction seasons.
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CExhibit 1 - Scope of Services
Stanley Consultants INC.
1.16 Project Website: CONSULTANT will maintain social media website for the project for duration
of construction through coordination with the CITY and maintain site with continual support as
new information is added and removed.
1.17 Services provided by CLIENT:
1.17.1 Client will provide direction regarding pay applications,change orders,instructions to
contractor(ITC)and other changes in project scope due to changes.
1.17.2 Field office for CONSULTANT'S Resident Project Representative(RPR)will be
provided throughout the construction period. Field office will be included in the Contract
Documents and provided by the Contractor.
1.18 Conditions of Service. Basic Services described are based on the following conditions:
1.18.1 CONSULTANT shall not be responsible for acts or omissions of any Contractor, of any
of their subcontractors, suppliers,or of any other individual or entity performing or
furnishing any of Work. CONSULTANT shall not be responsible for failure of any
Contractor to perform or furnish the Work in accordance with Contract Documents.
1.18.2 The total hours estimated are based on construction duration of 260 Working Days(52
weeks) for construction per bridge and 60 non-working days to complete Project closeout
and audit activities, assumed to cover both bridges.
1.18.3 The period of construction requiring CONSULTANT services will not go beyond
December 31,2023.
1.18.4 During non-working days,the RPR will complete project administration and
documentation activities,and will limit their working day to eight(8)hours. We have
assumed 40 non-working days.
1.18.5 The total hours estimated for construction administration are based on one RPR full time
for 520 working days(260 working days per bridge) at 8 hours per day.
1.18.6 The total hours estimated for construction observation for up to two (2)observers are
based on 35 weeks per bridge. Estimate is based on 10 hours/per day during construction
observation and 8 hours/per day for office support. Assumes Contractor is building
bridges concurrently and there is a construction observer assigned to each bridge.
1.18.7 The CONSULTANT'S fee for construction observation services assumes the following
project details:
Letting Date: October 18,2021
Contract Period: 260 Working Days(52 weeks) each for Park Avenue and l I'
Street bridge
Duration of Work: Park Avenue Bridge-January 1 thru December 31,2022
11'Street Bridge—January 1 thru December 31,2023
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CExhibit 1 - Scope of Services
Stanley Consultants INC.
PART 2—ADDITIONAL SERVICES
The following Additional Services are not included in the Basic Services. These services, if requested by
CLIENT and agreed to by CONSULTANT,shall be paid for in addition to compensation for Basic Services.
2.1 Visits to Project Site beyond what are indicated under Basic Services.
2.2 Additional or extended services during construction made necessary if construction goes beyond the
established 260 Working Days(per bridge) in the Construction Contract per bridge.
2.3 Additional or extended services made necessary if the period of construction requiring
CONSULTANT services goes beyond December 31,2023.
2.2 Additional or extended services during construction made necessary by(1) emergencies or acts of
God endangering the work,(2)an occurrence of a Hazardous Environmental Condition, (3)Work
damaged by fire or other cause during construction, (4) significant amount of defective,neglected,or
delayed work by Contractor, (5) an occurrence of a flood event on Cedar River,or(6) default by
Contractor.
2.3 Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, arbitration, or
other dispute resolution process related to Project.
2.4 Services requiring rebidding of the work for reasons beyond the control of CONSULTANT.
2.5 Design of sheeting and shoring for construction purposes.
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