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Home My WebLink AboutStrand - Digester No. 3 Assessment - 12/17/2018 Strand Associates, Inc: 9 0 West Wingra Dr_ve Madison.VVI 53715 (P)(;08-251-4843 STRAND ASSOCIATES" December 12, 2018 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Steve Hoambrecker, P.E. Re: Agreement for General Services Wastewater Treatment Plant Digester No. 3 Assessment 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 engineering services (Services) for the Wastewater Treatment Plant Digester No. 3 Assessment project. This Agreement shall be in accordance with the following elements. Scope of Services ENGINEER will provide the following Services to OWNER. 1. Request and review existing OWNER-provided drawings,shop drawings,and other relevant and available information related to Digester No. 3. 2. Conduct one site visit to review Digester No. 3, connected building, and appurtanences to assess the physical damages that occurred as a result of the digester cover failure.OWNER shall provide a safe means of accessing the top of the digester to observe the damage. Confined space entry is not anticipated for this assessment. 3. Develop a brief report that provides a potential approach to repairing Digester No. 3. 4. Review the report with OWNER via teleconference. 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. 2. Bidding- and Construction-Related Services: Bidding- and construction-related services for the project will require a separate agreement with OWNER. 3. Drawings and Specifications: Final design services including drawings and specifications, if provided by ENGINEER, will be provided through an amendment to this Agreement or through a separate agreement with OWNER. RAW:gjc\R:\MAD\Dmiments\Agreemems\W\Waterloo,City of(IA)\WWTP_DigesterNo3Assemmentl018\AgW463.005.docx wwwstrand.com Arizona Illinois Indiana Kentucky Ohio i Texas 1 Wisconsin Strand Associates, Ince City of Waterloo Page 2 December 12, 2018 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. 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. 7. 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 Services a lump sum of$8,000. 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 scalelhourly 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. 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 on December 17, 2018. Services are scheduled for completion on January 11, 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. RAW:gjc\R:\MAD\Documents\Agreements\W\Waterloo,City of(IA)\W WTP_DigesterNo3Assessmenc2018\V\4463.005.docx www.strand.com Strand Associates, Inc: City of Waterloo Page 3 December 12, 2018 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 perfonn 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. 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. 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 Iowa Department of Natural Resources 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. RAW.gjc\P,.MAD\Dowments\Agreemems\W\Waterloo,City of(!A)\WWTP_DigesterWAssessment.2018\Agr\4463.005.docx Strand Associates, Inc.' City of Waterloo Page 4 December 12, 2018 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. 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. RAW:gjc\R:\MAD\Documents\Agreements\W\Waterloo,City of(IA)\WWTP_DigesterNo3Assessment.2018WV\4463 005.docz www.strand.com Strand Associates, Inc: City of Waterloo Page 5 December 12, 2018 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 l2 /��a,�alax $ /�" C(8 Matthew S. Richards 11ate Quentin M. Hart Date Corporate Secretary Mayor RAW:gjc\P-\MAD\Do mems\Agreements\W\Watedoo,City ofaA)\WWTP_DigesterNo3Assessmem.2018WgrkW63.005.dacx www.strand.com