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HomeMy WebLinkAboutSTRAND_-_WWTP_Raw_Wastewater_Pumping_Buiding_Rehabilitation_Project - 1.5.2026Docusign Envelope ID: 796F1AD4-00AD-4302-B437-5A115E425267 STRAND ASSOCIATES® Excellence in EngineeringsM Strand Associates, Inc? 910 West Wingra Drive Madison, WI 53715 (P) 608.251.4843 www.strand.com December 17, 2025 City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 Attention: Mr. Dave Boesen, Mayor Re: Agreement for Design Services, Bidding -Related Services, and Construction -Related Services 2025 Wastewater Treatment Plant Raw Wastewater Pumping Building 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, Bidding -Related Services, and Construction -Related Services (Services) for the 2025 Wastewater Treatment Plant Raw Wastewater Pumping Building Rehabilitation project. This Agreement shall be in accordance with the following elements. Scope of Services ENGINEER will provide the following Services to OWNER. Design Services 1. Prepare structural and architectural drawings for the Raw Wastewater Pumping Building rehabilitation with technical specifications on the drawings for inclusion with OWNER -prepared Bidding Documents. Rehabilitation will include analysis and design of a support system for the second floor wall which has sheared at the bottom connection to the second floor slab. 2. Prepare a prebid opinion of probable construction cost for ENGINEER -designed elements and submit to OWNER. 3. Review draft structural and architectural drawings with OWNER; incorporate review comments, as appropriate; and submit two copies of the final structural and architectural drawings to OWNER for inclusion with OWNER -prepared Bidding Documents. Bidding -Related Services Prepare addenda and answer questions during bidding. Construction -Related Services 1. Provide construction contract administration Services including attendance at preconstruction conference, review of contractor's shop drawing submittals, review of up to six contractor's pay requests, attendance at up to two construction progress meetings, and participation in project closeout. KPB: sem\R:\MAD\ Documents\ Agreements\W\Waterloo, City of (IA)\W WTPRawW WPumpingBldgRehab.2025Wgr\4463.023.dacx Arizona j Illinois I Indiana I Iowa I Kentucky I Ohio I Tennessee I Texas I Wisconsin Docusign Envelope ID: 796F1AD4-00AD-4302-B437-5A115E425267 Strand Associates, Inc! City of Waterloo, Iowa Page 2 December 17, 2025 2. Provide resident project representative for part-time observation of construction consisting of up to two site visits. 3. Provide record drawings in electronic format from information compiled from contractor's records. ENGINEER is providing drafting Services only for record drawings based on the records presented to ENGINEER by contractor and OWNER. ENGINEER will not be liable for the accuracy of the record drawing information provided by contractor and OWNER. 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. Electrical/HVAC and Plumbing Design Services: Any services related to electrical/HVAC and plumbing design. 4. Geotechnical Engineering: Geotechnical engineering information will be required and provided through OWNER and OWNER's geotechnical consultant. 5. Preparation for and/or Appearance in Litigation on Behalf of OWNER: Any services related to litigation. 6. Review of Product Substitutions Proposed by Contractor: ENGINEER's cost for evaluating substitute products is not included. 7. 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. 8. Services Furnished During Readvertisement for Bids, if Ordered by OWNER: If a Contract is not awarded pursuant to the original bids. 9. Unsolicited Media: Any services that include the review or analysis of unsolicited media including, but not limited to, photographs, videos, and drone footage provided by OWNER or contractors unless specifically requested and agreed to in writing. ENGINEER's use of electronic construction administration programs (e.g., e-builder, Newforma) is limited to the Scope of Services defined in this Agreement. ENGINEER is not responsible for the review of unsolicited media uploaded to these programs unless specifically requested and agreed to in writing. KPB:sem\R:\MAD\Documents\Agreements\W\Waterloo, City of (IA)\W WTPRawW WPumpingBldgRehab.2025Wgr\4463.023.docx www.strand.com Docusign Envelope ID: 796F1AD4-00AD-4302-B437-5A115E425267 Strand Associates, Inc? City of Waterloo, Iowa Page 3 December 17, 2025 Compensation OWNER shall compensate ENGINEER for Services under this Agreement on an hourly rate basis plus expenses an estimated fee of $19,000 allocated as follows: Scope Item Design Services Bidding -Related Services Construction -Related Services Total Compensation $10,000 $ 1,500 $. 7,500 $19,000 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. Schedule Services will begin upon execution of this Agreement, which is anticipated the week of December 15, 2025. Services are scheduled for completion on October 30, 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. KPB:sem\R:\MAD\Documents\Agreements \W\Waterloo, City of (IA)\W WTPRawW WPumpingBldgRehab.2025\Agr\4463.023.docx www.strand.com Docusign Envelope ID: 796F1AD4-00AD-4302-B437-5A115E425267 Strand Associates, Inc! City of Waterloo, Iowa Page 4 December 17, 2025 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. Provide Bidding Documents and 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. 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. If OWNER requires more than general guidance, then OWNER agrees to obtain an independent cost estimate by others. 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 impose 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. 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. KPB:senl\R \MAD\Documents\Agreements\W\Waterloo, City of (IA)\W WTPRawW WPumpingBldgRehab.2025\Ag 4463.023.docx www.strand.com Docusign Envelope ID: 796F1AD4-00AD-4302-B437-5A115E425267 Strand Associates, Inc? City of Waterloo, Iowa Page 5 December 17, 2025 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. 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. KPB:sem\R:\MAD\Documents\Agreements\W\W aterloo, City of (IA)\W WTPItawW WPumpingBldgRehab.2025\Agr\4463.023.docx www.strand.com Docusign Envelope ID: 796F1AD4-00AD-4302-B437-5A115E425267 Strand Associates, Inc! City of Waterloo, Iowa Page 6 December 17, 2025 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 Jo ph . Bunker Corporate Secretary D to "—Signed by: Pavu4, f° t,St,ln, "—D8D FODA'F6474... Dave boesen Mayor KPB:sem\R:\ WAD\Documents\Agreements\W\Waterloo, City of (IA)\W WTPRawW W PumpingBldgRehab.2025 Wgr\4463.023.docx 01/05/2026 Date www.strand.com