HomeMy WebLinkAboutStrand Associates - PSA - Final Clarifier No. 3 - 10.4.2021 AISTRAND
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September 9, 2021
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Attention : Mr. Brian Bowman , Treatment Operations Director
Re : Agreement for Design Services
Wastewater Treatment Plant (W WTP)-Final Clarifier No . 3 Rehabilitation
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
WWTP-Final Clarifier No. 3 Rehabilitation project. ['his Agreement shall be in accordance with the
lollowing elements.
Project Understanding
The Project includes Services associated with the repairs to Final Clarifier No. 3 at OWNER' s Easton
Wastewater Treatment Plant. Anticipated repairs include removal and replacement of grout topping at
the base slab of the tank, removal and replacement of pressure relief valves, and rehabilitation of final
clarifier equipment based on criteria from the equipment manufacturer ( Evoqua).
Scope of Services
ENGINEER will provide the following Services to OWNER :
I . Attend kickoff meeting via teleconference to review project scope and schedule .
2 . Participate in one meeting with OWNER and Iowa Department of Natural Resources ( IDNR) to
discuss project scope and schedule.
3 . Develop 50 percent design drawings and an opinion of probable construction cost (OPCC ) for
tank repairs and submit to OWNER for review. Repairs to the final clarifier equipment will be
based on clarifier manufacturer' s criteria.
4 . Participate in one meeting at 50 percent design to review design documents . Phis meeting will
include review of the construction sequence and elements included in the design relating to
constructability and accommodating existing treatment processes during construction.
5 . Develop 90 percent design drawings, technical specifications, and updated OPCC for tank
repairs and submit to OWNER for review.
G . Participate in one meeting at 90 percent design via teleconference to review design documents.
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7 , Prepare Bidding Documents using technical specifications, engineering drawings, and
OWNER-providcd front end documents . Submit the final design documents to OWNER in both
paper copy and electronic form . Preparation of a construction permit application and submittal
to Iowa Department of Natural Resources ( IDNR) is not anticipated for this project and is not
included .
Service Elements Not Included
The following services are not included in this Agreement If such services are required, they will Ix
provided as noted .
I . 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 . Bidding- and Construction- Related Services: Bidding- and construction-related services for the
project will require a separate agreement with OWNER.
4. 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 .
5 . 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.
6 . 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
P
n 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 .
7 , 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.
8 , 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.
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Compensation
OWNER shall compensate ENGINEER for Services a lump sum of $45 ,000.
Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed arc
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 sums for the Services is based on wage scale/hourly billing rates, adjusted annually un July I .
that anticipates the Services will be completed as indicated . Should the completion time he extended. it
may be cause for an adjustment in the lump sums that reflects any wage scale adjustments made .
The lump sums 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
adjustment.% 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
September 13 , 2021 . Services are scheduled fix completion on Oeccntber 31 , 2021 .
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 .
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 E•;NGINEF.R to perform Services under this Agreement.
4 . Guarantee access to and make all provisions for ENGINEI{ R to enter upon public and private
lands as required for f.NGINEER 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.
G . Provide all legal services as may be required for the development of this project .
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7 . Retain the services of a soils consultant to provide any necessary geotechnical evaluation and
recommendations.
H . 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 tees 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
I . OWNER may make changes within the general scope of (his 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 he 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
'('his 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 he an equitable adjustment to the remaining project
schedule and compensation as a result of the suspension .
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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 OWNI=.R.
contractor, or others to ENGINEER and where I-NGINEER's Set-vices are to be based upon such data.
Such data includes, but is [lot 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
phis Agreement may be terminated with cause ill whole Or in part in writing by either party subject to a
two-week notice and the right ofthe party being terminated to meet and discuss the termination bcl*ol.c
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. E;NGINE:EWs Services under this Agi-cenient are
being perlormed solely for OWNER's benefit, and no other party or entity shall have any ciaim against
I NGINE R 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.jurisdietion within the State of Iowa.
"Germs and Conditions
The terms and conditions ofthis 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 WHE'REOF the parties hereto have made and executed this Agreement.
ENGINEEIR: OWNER:
STRAND ASSOCIATES. INC.' CITY OF WATERLOO
10/4/2021
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.lo• h M. Bunker IYatc i a c. tit
Corporate Secretary Mavor
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