HomeMy WebLinkAboutStrand_Associates_-_PSA_-_4.7.2025Docusign Envelope ID: 722763F4-1F54-4496-BA4C-953837DF90A0
STRAND
ASSOCIATES°
Excellence in E:trgifteerinfg"''
Strand Associates, Inc.®
910 West Wingra Drive
Madison, WI 53715
(P) 608.251.4843
www.stra nd.com
March 26, 2025
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, IA 50703
Attention: Mr. Brad Manahl, Treatment Operations Supervisor
Re: Agreement for General Services
2025 Wastewater Treatment Plant (WWTP) 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 2025 WWTP and Collection System Operations Consulting project. This Agreement
shall be in accordance with 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 collection 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 the 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 through an amendment to this Agreement or through a separate agreement with OWNER.
1. Bidding- and Construction -Related Services: Any services involved in performing bidding- and
construction -related services.
2. Drawings and Specifications: Design services including drawings and specifications.
3. Preparation for and/or Appearance in Litigation on Behalf of OWNER: Any services related to
litigation.
4. 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.
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Compensation
OWNER shall compensate ENGINEER for Services under this Agreement on an hourly rate basis plus
expenses an estimated fee of $40,000. 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 March 31, 2025.
Services are scheduled for completion on December 31, 2027.
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 and make all provisions for ENGINEER to enter upon public and private lands
as required for ENGINEER to perform Services under this Agreement.
4. 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.
5. Provide all legal services as may be required for the development of this project.
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6. 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 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.
Failure to make payments to ENGINEER is cause for termination upon two -week notice to OWNER.
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.
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Strand Associates, Inca
City of Waterloo, Iowa
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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 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.
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.
Remedies
Neither ENGINEER nor OWNER shall be liable to the other for special, indirect, punitive, or
consequential damages for claims, disputes, or other matters in question arising out of this or relating to
this Agreement. This mutual waiver is applicable, without limitation, due to either parry's termination of
this Agreement.
Terms and Conditions
The terms and conditions of this Agreement will apply to the Services defined in the Scope of Services
and represent the entire Agreement and supersede any prior proposals, Requests for Qualifications, or
Agreements. 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, IOWA
DocuSigned by:
at,ilA, tk4/7/2025
Joseph M. Bunker
Date Quentin M. Hart Date
Corporate Secretary Mayor
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