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HomeMy WebLinkAboutStrand Associates - Professional Svs Agmnt - FY20 Biosolids Modifications - 12/2/2019STRAND ASSOCIATES` November 21, 2019 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Supervisor Re: Agreement for Bidding- and Construction -Related Services F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications 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 F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications project previously designed by ENGINEER. This Agreement shall be in accordance with the following elements. Scope of Services ENGINEER will provide the following Services to OWNER. Bidding -Related Services 1. Distribute Bidding Documents electronically through QuestCDN, available at www.strand.com and www.questedn.com, and as optional paper copies, available to bidders by request from ENGINEER's office for a refundable deposit. 2. Submit Notice to Bidders and Notice of Public Hearing to OWNER for publishing. 3. Prepare addenda and answer questions during bidding. 4. Attend the prebid meeting and the bid opening, tabulate and analyze bid results, and assist OWNER in the award of the Construction Contract, 5. Prepare four sets of Contract Documents for signature. Contract Administration Services 1. Attend the preconstruction conference. 2. Review and reply to contractor's requests for information. 3. Conduct monthly review of contractor's schedule for up to 24 months. 4. Review contractor's monthly pay requests for up to 24 months. 5. Review and compile certified payroll submitted by the contractor as required by the Davis -Bacon Act and submit to OWNER. 6. Review contractor's shop drawing submittals, including up to two submittal reviews for each shop drawing. RAW SKH KKK :MA1)D c rnents.Agreements:WWaterloo,Cit}-ot itAFBiosolidsSiodEtkation E3a1&Const 2019'A '4463 OC9 doer www.strand.com Strand Associates, 1ne City of Waterloo Page 2 November 21, 2019 7. Attend monthly construction progress meetings and prepare meeting agenda and minutes for up to 24 months. 8. Conduct up to 18 separate site visits by the project manager or electrical, structural, or mechanical engineer to observe construction. 9. Provide partial utilization and substantial completion review and development of a substantial completion list of items to be completed or corrected. 10. Attend one final completion review. 1 L Provide a supervisory control and data acquisition (SCADA) system review. This review includes up to 100 hours of factory checkout and up to 120 hours of on -site SCADA controls checkout. 12. Provide record drawings in an electronic format from information compiled from contractor's records. ENGINEER is providing drafting services only for record drawings based on records presented to ENGINEER by contractor and OWNER. ENGINEER will not be liable for the accuracy of the record drawing information provided by contractor and OWNER. Construction Observation Services Provide one resident project representative (RPR) for up to 3,900 hours of observation of construction. RPR services include field time onsite as well as office time for support of the staff related to field issues brought to the RPR. Services include field staff attendance at progress meetings, daily observation of the construction, and daily and weekly field documentation. RPR efforts are anticipated to be within a five-day work week for the construction period. Additional Services to address an accelerated construction schedule or to overcome being behind schedule where the contractor works weekends or longer than 40 hours per week will be considered outside this Agreement's Scope of Services and will require an amendment to this Agreement. Operation and Maintenance (O&M) Manual Services Prepare an Operation and Maintenance (O&M) Manual for the project, including written narratives. figures, and descriptive tables to assist the operators in operation of the new and modified processes and a compilation of manufacturer -provide materials. Manual will be provided in an electronic version (portable document format) and two paper copies. The written O&M manual sections shall be limited to new treatment processes or existing processes substantially modified as part of this project and are anticipated to include: introduction, primary sludge pumping, waste -activated sludge storage and thickening, blended sludge storage, biosolids dewatering, and centrate equalization. Schematics, valve lists, and figures for these sections will be produced to describe plant operation. Start-up and Operator Training Services 1. Provide start-up assistance including consultation with OWNER regarding operating assistance during the equipment manufacturer's start-up and training of equipment. 2. Attend and observe equipment manufacturer's startup of equipment and systems. 3. Provide four on -site classroom training sessions for OWNER describing design intent and operational overview on the wastewater processes being constructed or modified as part of this project. 4. Provide operating assistance to OWNER and respond to operator's inquiries during start-up of wastewater processes. K A1.1 SKH gjjcR.MAD '11nm-c s,4geetnens W 11aterkx. City of 1lAI EhosolidsSiodificatron Rid&Const Z019 Agr—l-1 })9.docs www.strand.com City of Waterloo Page 3 November 21, 2019 Project Closeout Services Provide ongoing assistance to OWNER during the period following the project's final completion and extending through the contractor's I 2-month warranty period. Services include office time and on -site time to assist with contractor or equipment warranty issues and answering OWNER's questions on operation of the new facility. If -Authorized Services If necessary, ENGINEER is prepared to provide the following Services upon receipt of written authorization from OWNER or OWNER's Representative. I. Provide additional written O&M Manual sections to document the existing treatment processes which are not modified as part of this project. The basis for additional sections shall be existing documentation provided by OWNER, information obtained from on -site visits, and interviews with plant staff. Additional written sections are anticipated to include screening, grit removal, primary clarification, activated sludge, final clarification and return sludge pumping, ultraviolet disinfection, biosolids stabilization (digestion), excess flow equalization, utility systems, SCADA, personnel, and laboratory. OWNER shall provide safety section, if needed. Compilation of manufacturer -provided materials provided as part of previous projects is not included. 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 and Extended Services during construction made necessary by: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of any contractor. c. Prolongation of the time of the construction contract. d. Default by contractor under the construction contract. Any services of this type will be provided through an amendment to this Agreement. 2. 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. 3. Archaeological or Botanical Investigations: ENGINEER will assist OWNER in engaging the services of an archaeologist or botanist, if required, to perforni the field investigations necessary for agency review through 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. RAW SKH gin R_\tAD'Dow ments'AWee ments 4�Wate,leo, City of HA) Bio,olids.\lodi lication Bid&Const:019.Agr 7.009 docr www.strand.com City of Waterloo Page 4 November 21, 2019 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. Review of Product Substitutions or Means, Method, Technique, Sequence, or Procedure Substitutions Proposed by Contractor: ENGINEER's cost for evaluating substitute products. means, method, technique, sequence, or procedure of construction is not included in the scope of this Agreement. Service of this type by ENGINEER will be provided through an amendment to this Agreement. 9. 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. 10. Services Furnished During Readvertisement for Bids, if Ordered by OWNER: If a Contract is not awarded pursuant to the original bids, any services of this type will be provided through an amendment to this Agreement. 11. 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 in accordance with the following schedule. The total compensation has been divided based on eletnents of service. The estimated distribution of compensation per element of service shown may vary from the actual distribution of compensation under this Agreement. Element of Service Fee Bidding -Related Services $ 30,000 Contract Administration Services $ 675,000 Construction Observation Services $ 610,000 O&M Manual Services $ 78,000 Start-up and Operator Training Services $ 72,000 Project Closeout Services $ 20,000 Total $1,485,000 Compensation Method Lump Sum Hourly plus expenses Hourly plus expenses Lump Sum Lump Sum Lump Sum OWNER shall compensate ENGINEER for If -Authorized Services in accordance with the following schedule. Service Element Full Plant O&M Manual Fee $100,000 Compensation Method Lump Sum Expenses incurred for Services provided at an hourly rate such as those for travel. meals.. printing. postage, copies, computer, electronic communication, and long distance telephone calls will be billed at actual cost plus ten percent. RAW SKH is Ag eeme[s.W V atctieso. Ci:, of( 13iloth fication_I3id&Const 201 o'Ag`4461 tx7v ones www.strand.com City of Waterloo Page 5 November 21, 2019 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 compensation 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 compensation for the Services that reflects any wage scale adjustments made. The compensation for the Services 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 December 2, 2019. Services are scheduled for completion on March 31, 2023, in accordance with the project milestones below. Overall Schedule Service Bidding -Related Services Contract Administration Services Construction Observation Services O&M Manual Services Start-up and Operator Training Services Project Closeout Services Construction Documents Start Date December 2, 2019 December 2, 2019 February 17, 2020 May 1, 2020 June 1, 2020 March 31, 2022 Bid Opening Date Notice of award of Construction Contract Notice to proceed of construction contract Substantial completion of construction Final completion of construction Completion Date February 28, 2020 March 31, 2022 March 31, 2022 November 30, 2021 November 30, 2021 March 31. 2023 Scheduled Completion Date January 16, 2020 February 17, 2020 March 9, 2020 January 7, 2022 March 9. 2022 Dates noted above may be adjusted by amendment to this Agreement based on the actual dates of Notice of Award and Notice to Proceed for Construction. Extension of the project, where substantial or final completion dates are extended, which results in ENGINEER performing the Services after the identified completion dates will constitute "extra Services," 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 I. 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. IUW SKH gjc R. MAD Doa.rnentsAreemente \\ Waterloo, City of(IAI`BiosolidsNiodiiicuion BId&Const 2019 Agr www.strand.com 3 Associates, i;lu. City of Waterloo Page 6 November 21, 2019 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. Provide the front end documents that require the contractor to name ENGINEER as an additional insured on contractor's General Liability and Automobile Liability insurance policies and to indemnify ENGINEER to the same extent that the contractor insures and indemnifies OWNER. 9. 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. Observation Services In furnishing observation services, ENGINEER's efforts will be directed toward determining for OWNER that the completed project will, in general, conform to the Contract Documents: but ENGINEER will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods. techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. 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. RAW SKH gjc'R. ,\tADDocuments'Agreements W.\Vaterioo, City of(I foditicationBid&Co s 0I9.iisi--463.009 dam www.strand.com City of Waterloo Page 7 November 21, 2019 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 I 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. R.4W SKH gic,R. MAD Documents Ageemrnts U' lk t doo. (::% of;i;l) Aiosnlid,Medifitaunn_iiid&Const 2019 Agr4 3 009 doc www.strand.com City of Waterloo Page 8 November 21, 2019 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: STRAND ASSOCIATES, INC.1' OWNER: CITY OF WATERLOO Jo : '. h . Bunker Da e Honorable Quentin M. I'Iart Date Corporate Secretary Mayor RAW Still gjcft MAD Documents A4geemenL:N'.tA aterloo, City ofUA)` Biaolids\1odification_Bid&Cor. 2014,Agr4463 ON doe's www.strand.com