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HomeMy WebLinkAboutStrand Associates, Inc. - PSA - Third Party Renewable Natural Gas Project - 12.19.2022STRAND ASSOCIATES® Excellence in Engineering Since 1946 Strand Associates, Inc.® 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 www.strand.com December 8, 2022 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Brian Bowman, Treatment Operations Director Re: Agreement for Bidding -Related Services Third -Party Renewable Natural Gas Project 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 bidding -related engineering services (Services) for the Third -Party Renewable Natural Gas Project. 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. Provide final request for proposal (RFP) document in Microsoft Word and Adobe portable document format (PDF) file for OWNER's use in soliciting proposals. The PDF version will include RFP attachments provided by ENGINEER. 2. Distribute RFP documents electronically through QuestCDN, available at www.strand.com and www.questcdn.com. 3. Respond to proposers' questions and requests for information (RFI) during the bidding phase. 4. Communicate with OWNER regarding RFI responses. 5. Prepare addenda and distribute through QuestCDN. 6. Attend up to five Project walkthrough site visits with prospective proposers at OWNER's facilities to review the Project. 7. Review proposals and provide emailed review comments to OWNER. 8. Review OWNER -proposer contracts and agreements related to the Project's design, construction, ownership, and operation; and provide emailed review comments to OWNER. 9. Attend up to five web -based meetings as requested by OWNER. If -Authorized Services Attend additional meetings as directed and authorized by OWNER in writing, and respond to OWNER's engineering services requests up to the specified preset limit. RA W:mro\R:\MAD\Documents\Agreements\W\W aterloo, City of (IA)'3-P RNG.Projects.Bidding.Services.2022\Agr\4463.006.docx Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas I Wisconsin Strand Associates, Inc.° City of Waterloo Page 2 December 8, 2022 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. Construction -Related Services: 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. 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. Revising RFP Documents: Any services required after these items have been previously approved by OWNER, 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 a separate Agreement with OWNER. 6. Services Furnished During Readvertisement for Proposals, if Ordered by OWNER: If a Contract is not awarded pursuant to the original proposals, any services of this type will be provided through an amendment to this Agreement. Compensation OWNER shall compensate ENGINEER for all Services on an hourly rate basis plus expenses an estimated fee allocated as follows: Scope Item Compensation Bidding -Related Services $40,000 If -Authorized Services $ 8,000 Total Estimated Fee $48,000 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. RAW:mro\R:\MAD\Documents\Agreements\W\Waterloo, City of(IA)\3-P RNG.Projects.Bidding.Services.2022\Agr\4463.006.docx www.strand.com Strand Associates, Inc.® City of Waterloo Page 3 December 8, 2022 Schedule Services will begin upon execution of this Agreement, which is anticipated the week of December 19, 2022. Services are scheduled for completion on April 28, 2023. 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. 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. 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. 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. RAW:mro\R:\MAD\Documents\Agreements\W\Waterloo, City of (IA)U-P RNG.Projects.Bidding.Services.2022\Agr\4463.006.docx www.strand.com Strand Associates, Inc.® City of Waterloo Page 4 December 8, 2022 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 or other government agency 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. 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. RAW:mro\R:\MAD\DocumentsAgreements \W\W aterloo, City of (IA)\3-P RNG.Projects.Bidding.Services.2022\Agr\4463.006.docx www.strand.com Strand Associates, Inc.() City of Waterloo Page 5 December 8, 2022 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.® Jo = : M. Bunker D. to Z2— OWNER: CITY OF WATERLOO 62uvz-ein 3-tarE 12/19/2022 Quentin M. Hart Date Corporate Secretary Mayor RAW:mro\R:\MAD\Documents\Agreements\W\Waterloo, City of (IA)\3-P RNG.Projects.Bidding.Services.2022\Agr\4463.006.docx www.strand.com