HomeMy WebLinkAboutStrand_Associates_-_PSA_-_Anaerobic_Lagoon_Modifications_-_5.5.2025 Docusign Envelope ID:3E84BC51-BEA3-42BA-8558-A06176CDA2B9
Strand Associates, Inc?
. 910 West Wingra Drive
Madison,WI 53715
(P)608.251.4843
STRAND www.strand.com
ASSOCIATES®
Excellence in Engineerings""
April 10, 2025
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Attention: Mr. Brad Manahl
Re: Agreement for Design Services
Anaerobic Lagoon 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 Design Services (Services)
for the Anaerobic Lagoon Modifications project. This Agreement shall be in accordance with the
following elements.
Project Understanding
The project includes design services for the following systems and facilities modifications:
1. Lagoon cover system removal and replacement.
2. Lagoon cleaning.
3. Installation of new gas collection piping and appurtenance from the existing lagoon to the
existing Gas Blower Building.
4. Biogas collection and safety equipment replacement.
5. Installation of a new waste gas burner.
6. Installation of a new outdoor natural gas generator.
7. Rehabilitation of the existing Generator Building and conversion to a Control Building.
8. Rehabilitation of the Gas Blower Building including replacement of existing gas collection
blowers and gas safety equipment and replacement or relocation of existing control equipment
to the Control Building.
9. Miscellaneous yard piping and appurtenances modifications and additions.
10. Miscellaneous site modifications including consideration of a new access road to
Martin Luther King Jr. Drive with an automated access gate.
11. Modification to influent and effluent sampling, effluent piping, and lagoon water level control.
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Arizona I Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee Texas I Wisconsin
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City of Waterloo, Iowa
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12. Supervisory control and data acquisition (SCADA), communications, and remote video
monitoring equipment to be integrated into OWNER's existing systems.
Scope of Services
ENGINEER will provide the following Services to OWNER.
1. Attend a kickoff meeting to review the project scope and schedule.
2. Conduct topographic and boundary surveys and gather information for the preparation of design
documents. Survey extents are anticipated to include the existing anaerobic lagoon site.
Correspond with utility marking company prior to topographic survey.
3. Assist OWNER in retaining a geotechnical consultant to conduct soil borings at the site and to
develop a geotechnical report for the proposed modifications.
4. Communicate with the Iowa Department of Natural Resources(IDNR)regarding the anticipated
funding and regulatory criteria for the project.
5. Prepare and submit an Intended Use Plan (IUP) application and applicable attachments to
Iowa Clean Water State Revolving Fund (SRF) for the project's inclusion on the priority list of
the Iowa Clean Water SRF IUP.
6. Prepare and submit information to IDNR as requested in the Iowa SRF Environmental Review
checklist.
7. Review the feasibility of constructing a new site access road to Martin Luther King Jr. Drive,
including conceptual 2D design, identification of permitting and easement criteria, and
conceptual opinion of probable construction cost (OPCC) for OWNER review. Final design of
the site entrance, including permitting and additional survey in the right-of-way outside of
OWNER's site, will be provided through an Amendment to this Agreement.
8. Perform preliminary design of the modifications described in the Project Understanding to be
summarized in a Facilities Plan Report which will review the need for the project and applicable
design criteria and reflect approximately 15 percent design. The Facilities Plan Report will be
submitted to IDNR for SRF funding and construction permitting. Submittals related to Waste
Load Allocations and Antidegradation are not anticipated to be applicable for this project and
preparation of these documents is not included in the Agreement.
9. Develop draft design documents and OPCC for OWNER's review including submittals at 30,
60, and 90 percent design.
10. Participate in up to eight virtual progress meetings with OWNER, Prepare an agenda and meeting
minutes for each meeting.
11. Meet with OWNER to review the design and incorporate comments, as appropriate. Attend
three design review workshops at OWNER's wastewater treatment plant at approximately 30,
60, and 90 percent design.
12. Prepare Bidding Documents using technical specifications, engineering drawings, and
OWNER-provided front end documents.
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Docusign Envelope ID:3E84BC51-BEA3-42BA-8558-A06176CDA2B9
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City of Waterloo, Iowa
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April 10, 2025
13. Incorporate applicable Iowa SRF documents into the Bidding Documents.
14. Prepare IDNR-required forms and checklists (Design Schedule A and K3) and construction
permit application for submittal to IDNR.
15. Submit the final design documents to IDNR and OWNER in both paper copy and electronic
form.
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.
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.
2. Additional Site Visits and/or Meetings: Additional OWNER-required site visits or meetings.
3. 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.
4. Bidding Alternatives and Bid Phasing: Any services involved in providing bidding alternatives
or bidding phases.
5. Bidding- and Construction-Related Services: Any services involved in performing bidding- and
construction-related services.
6. Flood Studies: Any services involved in performing flood and floodway studies.
7. 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.
8. 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 the project.
9. Preparation for and/or Appearance in Litigation on Behalf of OWNER: Any services related to
litigation.
10. 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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Docusign Envelope ID:3E84BC51-BEA3-42BA-8558-A06176CDA2B9
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City of Waterloo, Iowa
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April 10, 2025
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.
Compensation
OWNER shall compensate ENGINEER for Services under this Agreement a lump sum of$600,000.
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 lump sum 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 lump sum that reflects any wage scale adjustments made.
The lump sum 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 May 5, 2025.
Services are scheduled for completion on May 31,2026.
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.
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Docusign Envelope ID:3E84BC51-BEA3-42BA-8558-A06176CDA2B9
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City of Waterloo, Iowa
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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.
6. Retain the services of a soils consultant to provide any necessary geotechnical evaluation and
recommendations.
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.
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 sure 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
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Docusign Envelope ID:3E84BC51-BEA3-42BA-8558-A06176CDA2B9
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City of Waterloo, Iowa
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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,
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 party's termination of
this Agreement.
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Docusign Envelope ID:3E84BC51-BEA3-42BA-8558-A06176CDA2B9
Strand Associates, Ince
City of Waterloo, Iowa
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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:
z' 5/5/2025
JoseeN.f3unker Dat -Unfilimc fart Date
Corporate Secretary Mayor
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