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HomeMy WebLinkAboutStrand - PSA - Engineering Services - 1.3.2022EXCELLENCE IN ENGINEERINi_ December 14, 2021 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 ha 7A-, STRAND ASSOCIATES Strand Associates, Inc.> 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 Attention: Mr. Brian Bowman, Treatment Operations Supervisor Re: Agreement for General Services 2022 Wastewater Treatment Plant and Collection System Operations Consulting 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 (WWTP) and Collection Systems Operations project. This Agreement shall be in accordance ww itll the following elements. Scope of Services ENGINEER will provide on -call general engineering support services to OWNER as directed and authorized by OWNER's Representative in writing including responding to OWNER's questions, reviewing OWNER -provided operational and related data, consulting with OWNER regarding WWTP and collections system operations, and consulting with OWNER on related wastewater infrastructure and operational issues. OWNER may request that ENGINEER establish a scope and fee for specific services for review and approval prior to starting services or may direct ENGINEER in writing to proceed with defined services without preset limits. Authorization and Commitment OWNER's Representative shall authorize services requested under Scope of Services. ENGINEER agrees to provide requested services upon receipt of authorization from OWNER via e-mail or letter prior to starting the requested services. 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. 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. 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. RAN TAI. ppp R MADDocwnents Agreements W Waterloo. ('its. of fIA)2022WWIllitCdleenonSvstm(peranans{ onsulnng 2021 Agr4463 015 docx Ohio 1 Texas ! Wisconsin www.strand.com Strand Associates, Inc: City of Waterloo Page 2 December 14, 2021 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 vv lib 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. 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 « ith OWNER. Compensation OWNER shall compensate ENGINEER for Services on an hourly rate basis plus expenses an estimated fee of $20,000. ENGINEER will provide requested services up to the estimated fee. An amendment will be required if the requested services exceed the estimated fee. Expenses incurred 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. 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 estimated fee 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 estimated fee that reflects any wage scale adjustments made. The estimated fee 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 January 3, 2022. Services are scheduled for completion on December 31, 2023. RAW TAI. ppp'R '.5.MAD'Documents Agreement, W %1 aterioc, City of(IA)'2022WW P&CullectionSssunOperannn}Consulnng _`0:1 Agr4403 015 docx www.strand.com Strand Associates, Inc. City of Waterloo Page 3 December 14, 2021 Standard of Care The Standard of Care for all Services performed or furnished by ENGINEER under this Agreement \\ ill 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 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. 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. Payment Requests ENGINEER's review of Payment Requests from contractor(s) will not irnpose responsibility to determine that title to any of the work has passed to OWNER free and clear of any liens, claims, or other encumbrances. Any such service by ENGINEER will be provided through an amendment to this Agreement. RAN TAi. ppp`R MAi) 1Axvments Agrcements 11" Waterloo, Cuy of t l:) 202_WWw& col Icet onSrstmOpcnnonsron►ulpng 2021 Agr4463 015 don www.strand.com Strand Associates, Inc: City of Waterloo Page 4 December 14, 2021 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. 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. RAW TAL ppp\R MAD Ikwuments Agreements W Waterloo, Cuv d (IA)12022W rP&CdlecnonS) stmOperanonsConsulhng 20211Agr4463 015 doc* www.strand.com Strand Associates, Inc. City of Waterloo Page 5 December 14. 2021 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 arc 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 i2AF-407 ."-Xm4-0...ds-- .i ph M. Bunker Corporate Secretary GZve,t4�,l H�.�1 1/3/2022 Quentin M. Hart Daft' Mayor RAW TAL, malt :MAAAwumenn.Agrermmis.u' uaieino. CU% of ffA5-2011WWW&CallcrnanSy wn[1Frranond-cradong _ti'_ I Age ddo? 015 duo www.strand.com