HomeMy WebLinkAboutStrand Associates - Professional Service Agmnt - 9/24/2018 �t
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STRAND (N1 +843
ASSG CIATE S'
September 20, 2018
City of Waterloo
715 Mulberry Street
Waterloo,IA 50703
Attention: Mr. Steve Hoambrecker,P.E.
Re: Agreement for Design Services
Wastewater Treatment Plant Biosolids Modification
This is an Agreement between the City of Waterloo,Iowa,hereinafter referred to as OWNER,and Strand
Associates, Inc.®, hereinafter referred to as ENGINEER, to provide Design Services (Services) for the
Wastewater Treatment Plant Biosolids Modification project.This Agreement shall be in accordance with
the following elements.
Project Understanding
The project includes design services to facilitate the construction of the following:
1. Primary sludge pump discharge piping revisions.
2. Conversion of an existing abandoned clarifier to an aerated waste activated sludge (WAS)
holding tank.
3. Modifications to the existing WAS holding tanks and aeration systems.
4. Replacement of the WAS thickening and biosolids dewatering polymer systems.
5. Replacement of two belt filter presses with two centrifuges.
6. Addition of a second biosolids loadout bay for biosolids hauling vehicles.
7. Addition of ferric chloride storage and pumping facilities in a new building or building addition.
8. Construction of a new dewatering filtrate/centrate return equalization facility.
9. Replacement of one process boiler in the digestion complex.
10. Replacement of the thickened activated sludge(TAS)pumps, grinders, and mixers.
11. Associated electrical and control modifications for the new equipment and systems.
12. Associated piping and mechanical work required for the new and modified facilities.
13. Associated site/civil work required for the new and modified facilities.
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Scope of Services
ENGINEER will provide the following Services to OWNER.
Design Services
1. Submit the final facilities plan and associated clean water fund forms to the Iowa Department of
Natural Resources(IDNR).
2. Develop Design Criteria and Equipment List to be submitted to OWNER for input and
concurrence prior to beginning technical specification and design drawings.
3. Conduct topographical survey of the site, structures, and hydraulic control elements.
4. Conduct initial environmental assessment.
5. Assist OWNER in retaining a geotechnical consultant to conduct soil borings at the site and to
develop a geotechnical report for the proposed structures. ENGINEER will develop a Request
for Proposal (RFP) and submit this to geotechnical consultants. OWNER shall contract directly
for geotechnical services. ENGINEER will review the geotechnical report.
6. Develop draft and final design documents for OWNER's review, including submittals at
30 percent, 60 percent, and 90 percent design, as well as final design for bidding purposes.
7. Meet with OWNER to obtain input and concurrence with the design. Attend three review
meetings at approximately 30, 60, and 90 percent design.
8. Prepare 30 percent and 90 percent opinion of probable construction cost for project and submit
to OWNER.
9. Prepare the design drawings, technical specifications, and contract documents and submit the
design documents, construction permit application, and related forms to IDNR for final review.
ENGINEER will also provide final design documents to OWNER in both paper copy and
electronic form.
10. Prepare Bidding Documents using Engineers Joint Contract Documents Committee C-700
Standard General Conditions of the Construction Contract,2013 edition,technical specifications,
and engineering drawings.
11. Prepare IDNR-required forms and checklists (Design Schedules A, F, G, H1, and 113) and
construction permit application for submittal to IDNR.
Service Elements Not Included
The following services are not included in this Agreement. If such services are required, they will be
provided as noted.
1. Additional Site Visits and/or Meetings:Additional OWNER-required site visits or meetings will be
provided through an amendment to this Agreement or through a separate agreement with OWNER.
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2. Archaeological or Botanical Investigations: ENGINEER will assist OWNER in engaging the
services of an archaeologist or botanist, if required,to perform the field investigations necessary
for agency review through a separate agreement with OWNER.
3. Bidding-and Construction-Related Services: Bidding- and construction-related services for the
project will require a separate agreement with OWNER.
4. Flood Studies:Any services involved in performing flood and floodway studies, if required,will
be provided through an amendment to this Agreement or through a separate agreement with
OWNER.
5. Geotechnical Engineering: Geotechnical engineering information will be required and provided
through OWNER and OWNER's geotechnical consultant.ENGINEER will assist OWNER with
defining initial scope of geotechnical information that is required to allow OWNER to procure
geotechnical engineering services.
6. Land and Easement Surveys/Procurement: Any services of this type including, but not limited
to, a record search, field work, preparation of legal descriptions, or assistance to OWNER for
securing land rights necessary for siting sanitary sewer, tanks, and appurtenances will be
provided through a separate agreement with OWNER.
7. Preparation for and/or Appearance in Litigation on Behalf of OWNER: This type of service by
ENGINEER will be provided through a separate agreement with OWNER.
8. Revising_Designs, Drawings Specifications and Documents: Any services required after these
items have been previously approved by state or federal regulatory agencies,because of a change
in project scope or where such revisions are necessary to comply with changed state and federal
regulations that are put in force after Services have been partially completed, will be provided
through an amendment to this Agreement.
9. Services Related to Buried Wastes and Contamination: Should buried solid, liquid,or potentially
hazardous wastes or subsurface or soil contamination be uncovered at the site, follow-up
investigations may be required to identify the nature and extent of such wastes or subsurface soil
or groundwater contamination and to determine appropriate methods for managing of such
wastes or contamination and for follow-up monitoring. Investigation, design, or
construction-related services related to buried solid, liquid, or potentially hazardous wastes or
soil or groundwater contamination will be provided through a separate agreement with OWNER.
Compensation
OWNER shall compensate ENGINEER for Design Services a lump sum of$940,000.
Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are
included in the Compensation. If the tax laws are subsequently changed by legislation during the life of
this Agreement,this Agreement will be adjusted to reflect the net change.
The lump sum for the Services is based on wage scale/hourly billing rates, adjusted annually on July 1,
that anticipates the Services will be completed as indicated. Should the completion time be extended, it
may be cause for an adjustment in the lump sum that reflects any wage scale adjustments made.
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The lump sum will not be exceeded without prior notice to and agreement by OWNER but may be
adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. Any
adjustments will be negotiated based on ENGINEER's increase or decrease in costs caused by delays,
extensions, amendments, or changes.
Schedule
Services will begin upon execution of this Agreement,which is anticipated the week of October 1,2018.
Services are scheduled for completion on August 31, 2019.
Standard of Care
The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement will
be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar
circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or
implied, under this Agreement or otherwise, in connection with ENGINEER's Services.
OWNER's Responsibilities
1. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to
this project including previous reports, previous drawings and specifications, and any other data
relative to the scope of this project.
2. Furnish to ENGINEER, as required by ENGINEER for performance of Services as part of this
Agreement, data prepared by or services of others obtained or prepared by OWNER relative to
the scope of this project, such as soil borings, probings and subsurface explorations, and
laboratory tests and inspections of samples, all of which ENGINEER may rely upon in
performing Services under this Agreement.
3. Provide access to the site as required for ENGINEER to perform Services under this Agreement.
4. Guarantee access to and make all provisions for ENGINEER to enter upon public and private
lands as required for ENGINEER to perform Services under this Agreement.
5. Examine all reports, sketches, estimates, special provisions, drawings, and other documents
presented by ENGINEER and render, in writing,decisions pertaining thereto within a reasonable
time so as not to delay the performance of ENGINEER.
6. Provide all legal services as may be required for the development of this project.
7. Retain the services of a soils consultant to provide any necessary geotechnical evaluation and
recommendations.
8. Pay all permit and plan review fees payable to regulatory agencies.
Opinion of Probable Cost
Any opinions of probable cost prepared by ENGINEER are supplied for general guidance of OWNER
only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee
the accuracy of such opinions as compared to contract bids or actual costs to OWNER.
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Changes
1. OWNER may make changes within the general scope of this Agreement in the Services to be
performed. If such changes cause an increase or decrease in ENGINEER's cost or time required
for performance of any Services under this Agreement, an equitable adjustment will be made
and this Agreement will be modified in writing accordingly.
2. No services for which additional compensation will be charged by ENGINEER will be furnished
without the written authorization of OWNER. The fee established herein will not be exceeded
without agreement by OWNER but may be adjusted for time delays, time extensions,
amendments, or changes in the Scope of Services.
3. If there is a modification of IDNR requirements relating to the Services to be performed under
this Agreement subsequent to the date of execution of this Agreement,the increased or decreased
cost of performance of the Services provided for in this Agreement will be reflected in an
appropriate modification of this Agreement.
Extension of Services
This Agreement may be extended for additional Services upon OWNER's authorization. Extension of
Services will be provided for a lump sum or an hourly rate plus expenses.
Payment
OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month
based upon monthly invoices. Nonpayment 30 days after the date of receipt of invoice may, at
ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid
balance.
Nonpayment 45 days after the date of receipt of invoice may, at ENGINEER's option, result in
suspension of Services upon five calendar days' notice to OWNER. ENGINEER will have no liability
to OWNER,and OWNER agrees to make no claim for any delay or damage as a result of such suspension
caused by any breach of this Agreement by OWNER.Upon receipt of payment in full of all outstanding
sums due from OWNER, or curing of such other breach which caused ENGINEER to suspend Services,
ENGINEER will resume Services and there will be an equitable adjustment to the remaining project
schedule and compensation as a result of the suspension.
Data Provided by Others
ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the
acquisition or development of any such data where such data is provided by or through OWNER,
contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data.
Such data includes,but is not limited to, soil borings, groundwater data,chemical analyses,geotechnical
testing, reports, calculations, designs,drawings, specifications,record drawings,contractor's marked-up
drawings, and topographical surveys.
Termination
This Agreement may be terminated with cause in whole or in part in writing by either party subject to a
two-week notice and the right of the party being terminated to meet and discuss the termination before
the termination takes place. ENGINEER will be paid for all completed or obligated Services up to the
date of termination.
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Third-Party Beneficiaries
Nothing contained in this Agreement creates a contractual relationship with or a cause of action in favor
of a third party against either OWNER or ENGINEER.ENGINEER's Services under this Agreement are
being performed solely for OWNER's benefit, and no other party or entity shall have any claim against
ENGINEER because of this Agreement or the performance or nonperformance of Services hereunder.
OWNER and ENGINEER agree to require a similar provision in all contracts with contractors,
subcontractors, subconsultants,vendors, and other entities involved in this project to carry out the intent
of this provision.
Dispute Resolution
Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other
matters in question between OWNER and ENGINEER arising out of or relating to this Agreement or the
breach thereof will be decided first by mediation, if the parties mutually agree, or with a bench trial in a
court of competent jurisdiction within the State of Iowa.
Terms and Conditions
The terms and conditions of this Agreement will apply to the Services defined in the Scope of Services.
OWNER-supplied purchase order is for processing payment only; terms and conditions on the purchase
order shall not apply to these Services.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement.
ENGINEER: OWNER:
STRAND ASSOCIATES, INC.® CITY OF WATERLOO
xu^-� % 4111.8 c,
Matthew S. Richards 16ate I Quentin M. Hart Date
Corporate Secretary Mayor
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