Water Pollution Control Plant_Modifications Agreement Construction Related MaterialsMasterpiece on the Mississippi
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Dubuque
AIN maiaah
111 1!
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Water Pollution Control Plant Modifications Agreement for Construction -
Related Services
DATE: May 11, 2010
In October 2008, Strand Associates, Inc. was selected to proceed with the design of the
Water Pollution Control Plant upgrades. At the time that the design phase agreement
was executed, it was understood by the City and Strand that a separate agreement
would be executed at a later date for construction administration services.
City Engineer Gus Psihoyos recommends City Council authorization to contract with
Strand Associates, Inc. to provide construction - related services for the Water Pollution
Control Plant Modification Project at an estimated fee not to exceed $5,100,000.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: May 10, 2010
INTRODUCTION
BACKGROUND
DISCUSSION
SUBJECT: Water Pollution Control Plant Modifications
Agreement for Construction - Related Services
Dubuque
Will
Ail•AmalcaCily
1 1 1 r
n
2007
This memorandum is to request authorization to contract with Strand Associates, Inc.
(Strand) (Madison, Wisconsin) to provide construction - related services for the Water
Pollution Control Plant (WPCP) Modifications Project.
The City Council has established the modifications to the Water Pollution Control Plant
(WPCP) as a high priority. Based on that direction, the team of Strand Associates /IIW
Engineers was selected by Council in October, 2008, to proceed with the design of the
WPCP upgrades based on the concepts developed in the facility planning process.
On April 5, 2010, the City Council approved the initiation of the project at an estimated
cost of $42,858,265. The project includes: renovation of influent screening; grit
removal; primary clarification; biological treatment; final clarification biosoils thickening
and dewatering; maintenance building; hauled waste receiving; and SCADA. It also
includes the: addition of a primary clarifier; an ultraviolet disinfection system; a cold
storage building; anaerobic digestion facilities; standby power generation; and
associated mechanical, electrical, and site work.
The team of Strand Associates has been integrally involved since 2007 with the facility
planning and design of the WPCP Modifications Project. At the time that the design
phase agreement was executed for the Water Pollution Control Plant, it was understood
by the City and Strand that a separate agreement would be executed at a later date for
Construction Administration Services. Since the beginning of the design phase, the
budgeted amount for Construction Administration Services has been set at $5,100,000.
Based on these factors, it is recommended that Strand be retained to provide the
construction - related services for the project. As noted on the attached agreement, these
services include, but are not limited to:
— Contract administration and general observation services.
— Construction observation services.
— Operation and maintenance manual.
— Start-up and operation training services.
— SCADA HMI development.
— Permit assistance services.
— Biosolids contract negotiation assistance.
BUDGET IMPACT
Strand submitted a proposed not to exceed, estimated fee of $5,100,000 for
construction administration services.
The consultant work will be funded from CIP #710 -1837.
ACTION TO BE TAKEN
We respectfully request City Council approval for the City Manager to negotiate and
enter into a contract with Strand Associates, Inc. for the construction - related services of
the Water Pollution Control Plant Modifications.
cc: Jenny Larson, Budget Director
Jonathon Brown, Water Pollution Control Plant Manager
Steve Sampson Brown, Project Manager
K: \PROJECTS \Water Pollution Control Plant Replacement \Council\2010 5 -10 -10 WPCP Construction - Related
Services Agreement with Strand Associates - Memo.doc
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
BACKGROUND
DISCUSSION
Preliminary Design:
Final Design:
Construction Services:
A further breakdown of the projected construction services hours is as follows:
Project Management:
Wastewater Engineer:
Structural Engineer:
Electrical Engineer:
6,000 hours
15,300 hours
30,000 - 34,000 hours
1,300 — 1,500 hours
7,900 -9,000 hours
1,300 -1,500 hours
3,500 -4,000 hours
Dubuque
IAHAwl°1
2007
Michael C. Van Milligen, City Manager
Jonathan R. Brown, WPCP Manager
Construction Services for the Water Pollution Control Plant Upgrades
May 13, 2010
The purpose of this memo is to provide background for the proposed Construction
Services Contract with Strand Associates /IIW Engineers.
The next step in the Water Pollution Control Plant (WPCP) upgrades is the actual
construction. Quality engineering services during the construction phase of the project are
critical for the ultimate success of the WPCP upgrades. The size of the project and its
complexity requires a significant investment in engineering services.
In Strand Associates /IIW Proposal for Engineering Design and Construction Services
from October 2008 the following project element hours were given in their Fee and
Compensation schedule:
Plumbing /HVAC Engineer: 900 -1,000 hours
Civil /Site Engineer: 900 -1,000 hours
CADD Technician: 500 -600 hours
Clerical: 1,300 -1,500 hours
Operations Technician: 3,800 -4,400 hours
Resident Engineer: 8,300 -9,500 hours
This table gives a comparison of the total hours of the proposal from October 2008 to the
current estimate of hours:
2008 Design Proposal (with estimated construction fee)
Estimated Hours:
Estimated Fee:
Cost per hour (includes expenses)
Current Hours Estimate
About 4 months longer construction
Includes hours for permit and biosolids
Includes electronic O &M
Larger project (items added during design)
Current Fee $5,100,000
Cost per hour (includes expenses) $119
Construction services include the following major tasks:
30,000 to 34,000 hours
$3.5 to $4.0 million
$ 118
43,000
• Perform general observation of construction. This task includes the day to day
construction administration of the project including but not limited to shop drawing
reviews; payment application; change order review; and performing substantial and
final completion inspection.
• Provide resident engineer services. There will be two full -time resident engineers
on site during the busier times of the construction schedule with the possibility of
three or four on -site at any given time. On average they have budgeted two full time
resident engineers for 20 months and one full time for the remainder of the
projected 33 month construction schedule. If the project is completed earlier the
costs for resident engineer services will be less.
• Provide start-up and training assistance for all unit processes, equipment and the
new SCADA system.
• Develop a customized Operations and Maintenance (O &M) manual for the WPCP.
This O &M manual will also be developed in an electronic format and will include the
plant O &M, manufactures manuals, shop drawings, design drawings, contractor's
drawings and electrical schematics for all equipment. Information from the SCADA
system will also be routed to the WPCP maintenance system, laboratory data, and
energy management systems. The electronic document will be set -up to allow staff
to retrieve desired information and data using a web -based format linked to the
plant's SCADA system.
• Prepare record drawings. AutoCAD drafting services will be provided to prepare
electronic and paper copies of record drawings at the end of the project based on
information submitted by the contractor.
The following table is from the Wisconsin DNR based on actual data on SRF projects in
Wisconsin. It is important to note that the table itself is somewhat dated.
1992 Wisconsin DNR - A/E Procurement Information Packet for SRF Projects
Notes: Data is 20 years old and was compiled based on projects in Wisconsin
WWTPs prior to then generally did not include SCADA systems
HVAC and building codes have changed significantly
Provides range of Total Construction Fees based on construction costs
Using Construction Cost = $55 million (not subsidized for market conditions)
$55 Million Construction Project
Fee Range
Low 10% $ 2,100,000
Average 50% $ 4,000,000
High 90% $ 7,700,000
Notes: Degree of complexity: Well above average
Consultant involvement: above average
Other issues: Recycling, Energy Star, rebates, permitting,
biosolids assistance, more RPR effort
Use curve @ 65 -75%
at 65 %, fee = $5,200,000
at 75 %, fee = $6,200,000
This table from Wisconsin DNR shows a range of fees for a $55 million dollar construction
project.
L
$55 Million Construction Project
$9,000,000
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Statistical Range of Fees
The following information is for projects that Strand has worked on in the past few years.
The descriptions are from Randy Wirtz of Strand who is the Project Manager for the City
of Dubuque's WPCP upgrades.
Comparison to Similar Projects
City of Fond du Lac WPCP Project
Year Start 2005
Year Complete 2008
Construction Duration "'36 months
Construction Cost $56,000,000
Total Constr. Fee $4,500,000
Differences from Dubuque
FDL Fee included bidding $(100,000)
DBQ Fee includes contract biosolids assist $30,000
DBQ fee includes air permitting
assistance $20,000
Equivalent Dubuque Fee (2005 Basis) $4,450,000
Equivalent Dubuque Fee (2010 Basis @ 3% /year increase)
Equivalent Dubuque Fee (2010 Basis @ 5% /year increase)
Differences from Dubuque
Equivalent Dubuque Fee (2009 Basis)
Equivalent Dubuque Fee (2010 Basis @ 3% /year increase)
Equivalent Dubuque Fee (2010 Basis @ 5% /year increase)
ACTION REQUESTED
The purpose of this memo is to provide background for the proposed Construction
Services Contract with Strand Associates /IIW Engineers.
cc: Steve Brown, Project Manager
$5,160,000
$5,680,000
City of Columbus Utilities (CCU), Indiana WWTP Project
Year Start 2009
Year Complete 2012
Construction Duration — 30 months
Construction Cost $42,000,000
Total Constr. Fee $4,387,000
CCU project included contingency $(200,000)
Dubuque project is about 4 months longer $548,375
Dubuque project is much more complex (add
5 %) $219,350
DBQ Fee includes contract biosolids assist $30,000
DBQ fee includes air permitting assistance $20,000
$5,004,725
$5,150,000
$5,250,000
May 13, 2010
City of Dubuque
50 West 13th Street
Dubuque, IA 52001 -4864
Attention: Michael C. Van Milligen, City Manager
Re: Agreement for Construction- Related Services
Water Pollution Control Plant Modifications
DRAFT
This is an Agreement between the City of Dubuque, Iowa, hereinafter referred to as OWNER,
and Strand Associates, Inc. ® , hereinafter referred to as ENGINEER, to provide
Construction- Related Services (Services) for the Water Pollution Control Plant (WPCP) project.
This Agreement shall be in accordance with the following elements.
Scope of Services
ENGINEER will provide the following Services to OWNER.
Contract Administration Services
1. Reply to requests for information, review contractor schedule and monthly contractor
payment requests, and process work change directives and change orders.
2. Review initial schedule of values and list of subcontractors and suppliers. Send requests
for proposals to contractor for possible changes in work.
3. Attend and facilitate the preconstruction meeting and provide meeting minutes.
4. Attend up to 36 monthly construction progress meetings and provide meeting minutes.
5. Review shop drawings, illustrations, brochures, catalog data, samples, and the results of
tests and other data that the contractor is required to submit for conformance with the
design concept of the project and compliance with the information given in the Contract
Documents. ENGINEER assumes that no more than two reviews of each contractor's
shop drawings will be required.
6. Conduct substantial completion and final completion reviews with contractor and
OWNER. Develop a List of Items to be Completed or Corrected for remaining work
after the substantial completion review.
7. Prepare record drawings based upon contractor's markup drawings. Record drawings
will be transmitted to OWNER in paper format and portable document format (.PDF).
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.
City of Dubuque
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May 13, 2010
DRAFT
8. Provide Supervisory Control and Data Acquisition (SCADA) factory testing and on -site
checkout.
9. Meet with OWNER on a weekly basis for up to 156 weeks. Resident project
representatives (RPRs) will meet with OWNER at the construction site. ENGINEER's
Project Manager (PM) will participate via teleconference if not already on -site.
Construction Observation Services
Provide two RPRs for full -time observation of construction. ENGINEER anticipates having two
RPRs on -site full -time starting in July 2010 through March 2013 and one part-time RPR on -site
for an additional four months. 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.
RPR services include field time on -site as well as office time for support of the staff related to
field issues brought to the RPR. Services include field staff attendance at progress meetings,
daily observation of the construction, and daily and weekly field documentation. RPR efforts are
anticipated to be within a normal five -day work week for the construction period noted herein.
Additional Services to address an accelerated construction schedule or to overcome being behind
schedule where the contractor works weekends or longer than 40 hours per week will be
considered outside this Agreement's Scope of Services and will require an amendment to this
Agreement.
SCADA Human Machine Interface (HMI) Development Services
Develop the SCADA graphic screens for the entire WPCP as well as modifications needed to tie
in remote SCADA locations. These screens will indicate the status (e.g., Running, Failed, In
Auto) of major equipment along with flows and levels monitored from the SCADA system.
Graphic screens for analog data (e.g., flows, levels) and an alarm history screen will be provided.
Operation and Maintenance (O &M) Manual Services
1. Prepare an O &M manual for the project. The O &M manual will be delivered in bound
hard copy (three copies) and in electronic copy (Adobe Acrobat V9 or later). OWNER
shall prepare the safety section of the manual if needed. Provide operator training on the
O &M manual and new processes. Written process sections will include the headworks,
primary treatment, activated sludge, final clarification, ultraviolet disinfection, anaerobic
digestion, solids processing, miscellaneous control descriptions, SCADA, and alternative
flow operations. Schematics, valve lists, and figures will be produced to describe plant
operation. Electronic O &M manual will be developed based on the paper copy version.
2. O &M efforts are anticipated to begin prior to interim equipment start-ups with the entire
manual ready for OWNER by the substantial completion date noted herein. ENGINEER
will provide classroom -style instruction to OWNER's operators on use of the O &M
manual and new processes at substantial completion of the project for screening, grit
removal, primary clarification, equalization, secondary treatment, ultraviolet (UV)
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disinfection, sludge management, anaerobic digestion (two to four sessions), and
dewatering and thickening.
Start-up and Operator Training Services
4. Provide operating assistance to OWNER's staff and respond to operator's inquiries
during start-up of wastewater processes. Facilitate process data management during
start-up.
DRAFT
1. Provide consultation with OWNER regarding operating assistance during equipment
manufacturer's start -up and training of equipment.
2. Attend and observe equipment manufacturer's start-up of equipment and systems.
3. Provide on -site classroom training for OWNER's staff on each wastewater process
describing design intent and operational overview.
Permit Assistance Services
Assist OWNER in application for an Iowa Department of Natural Resources air quality
construction permit for the WPCP.
Biosolids Negotiation Assistance Services
Assist OWNER during OWNER's negotiations with haulers who will be contracted by OWNER
to dispose of dewatered digested biosolids produced at the WPCP.
Allowance Assistance Services
Where items are to be purchased by the contractor under an allowance to the construction
contract, ENGINEER will assist OWNER in identifying alternatives and providing
recommendations for selecting items.
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 and Extended Services during construction made necessary by:
a. Work damaged by fire or other cause during construction.
b. Defective or neglected work of any contractor.
c. Prolongation of the time of the construction contract not related to actions by
ENGINEER.
d. Default by contractor under the construction contract.
Any services of this type will be provided through an amendment to this Agreement.
2. 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.
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DRAFT
3. Bidding - Related Services: Bidding - related services for the project will require a
separate agreement with OWNER.
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 with OWNER.
5. Geotechnical Engineering: It is anticipated ENGINEER's need for geotechnical
engineering information will be coordinated through OWNER and OWNER's
geotechnical consultant. If soil borings are required, ENGINEER will assist OWNER in
direct procurement of drilling 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. Permit and Plan Review Fees: All permit and plan review fees payable to regulatory
agencies shall be paid for by OWNER.
8. Preparation for and/or Appearance in Litigation on Behalf of OWNER: Provision of this
type of service by ENGINEER will be through a separate agreement with OWNER.
9. Review of Product Substitutions or Means, Method, Technique, Sequence, or Procedure
Substitutions Proposed by Contractor: The terms of the construction Contract
(GC 6.05B and GC 6.05E) call for the construction contractor to reimburse OWNER for
ENGINEER' s cost for evaluating substitute products, means, method, technique,
sequence, or procedure of construction. ENGINEER' s cost for such evaluations is not
included in the scope of this Agreement. Provision of such service by ENGINEER will
be through an amendment to this Agreement.
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, will be provided through an amendment to this Agreement.
11. Services Furnished During Readvertisement for Bids, if Ordered by OWNER: If a
Contract is not awarded pursuant to the original bids, any services of this type will be
provided through an amendment to this Agreement.
12. 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 with OWNER.
13. Services to Review Shop Drawings Not Approved After Two Submittals: Services
necessary to finalize shop drawings after two submittals in accordance with the terms of
the Construction Contract call for the construction contractor to reimburse OWNER for
City of Dubuque
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May 13, 2010
Compensation
DRAFT
ENGINEER's cost for shop drawing approval after three submittals. ENGINEER's cost
for such review is not included in the scope of this Agreement, and provision of such
service by ENGINEER will be through an amendment to this Agreement.
OWNER shall compensate ENGINEER for Services in accordance with the following schedule.
The compensation has been divided into the following elements of service. The estimated
number of anticipated hours per element of service shown may vary from the actual distribution
of hours under this Agreement:
Element of Service
Contract Administration Services
Construction Observation Services
SCADA HMI Development Services
O &M Manual Services
Start-up and Operator Training Services
Permit Assistance Services
Biosolids Negotiation Assistance Services
Allowance Assistance Services
Fee
$2,342,000
$2,000,000
$ 220,400
$ 248,000
$ 192,900
$ 14,000
$ 55,000
$ 27,500
Compensation Method
Lump sum
Hourly plus expenses
Lump sum
Lump sum
Lump sum
Hourly plus expenses
Hourly plus expenses
Lump sum
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.
If federal or state law implements a mandatory withholding of ENGINEER's funds due for
services performed, ENGINEER may request from OWNER that all withheld payments be
placed in an interest - bearing escrow account established by ENGINEER for the amount of the
withholdings until ENGINEER is able to collect the withholding.
The compensation for the Services is based on wage scale/hourly billing rates, adjusted annually
on July 1, that assumes the Services will be completed as indicated. Should the completion time
be extended, it may be cause for an adjustment in the compensation that reflects any wage scale
adjustments made.
The compensation will not be exceeded without prior notice to and agreement by OWNER but
may be adjusted for time delays, time extensions, amendments, and changes in the Scope of
Services. Any adjustment will be negotiated based on ENGINEER's increase in costs caused by
delays, extensions, amendments, or changes.
Schedule
Services will begin upon execution of this Agreement, which is anticipated on May 17, 2010.
Services are scheduled for completion by December 31, 2013.
Bid date
Notice of award of construction contract
Notice to proceed of construction contract
Construction Documents Schedule
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Completion Date
May 20, 2010
June 7, 2010
July 1, 2010
City of Dubuque
Page 6
May 13, 2010
Substantial completion of construction
Final completion of construction
Service
Contract Administration Services
Construction Observation Services
SCADA HMI Development Services
O &M Manual Services
Start-up and Operator Training Services
Permit Assistance Services
Biosolids Negotiation Assistance Services
Allowance Assistance Services
Standard of Care
Construction Documents Schedule
Overall Project Schedule
Start Date
May 2010
July 2010
December 2010
September 2010
January 2011
September 2010
January 2011
July 2010
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DRAFT
Completion Date
March 1, 2013
August 31, 2013
Completion Date
December 31, 2013
August 31, 2013
August 31, 2013
May 31, 2013
May 31, 2013
December 31, 2011
December 31, 2012
August 31, 2013
Dates noted above may be adjusted by amendment to this Agreement based on the actual dates
of Notice of Award and Notice to Proceed for construction.
Extension of the project, where the substantial or final completion dates are extended, that results
in ENGINEER performing the Services after the identified completion dates will constitute
"extra services."
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 reports, sketches, estimates, special provisions, drawings, and other documents
presented by ENGINEER and, where requested, render in writing or by electronic mail,
City of Dubuque
Page 7
May 13, 2010
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. Retain the services of a soils consultant to provide any necessary geotechnical evaluation
and recommendations.
8. Retain the services of a concrete testing firm.
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.
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 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 prior 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
DRAFT
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 statements. 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.
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Insurance
DRAFT
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.
ENGINEER will maintain throughout the terms of this Agreement insurance in accordance with
the enclosed insurance certificate.
Change in Scope of Services
No change in scope will be permitted during this project without the prior written agreement of
both parties and the Scope of Services being amended.
Substitution of Project Team Members
The PM, partners, management, other supervisory staff, RPRs, and technical specialists proposed
for the project may be changed if personnel are no longer employed by ENGINEER. Except for
RPRs, these personnel may also be changed for other reasons. However, in either case, OWNER
retains the right to approve or reject the replacements and no replacements shall begin working
on the project without the express, prior written permission of OWNER.
Indemnification
To the fullest extent permitted by law, ENGINEER will indemnify and hold harmless OWNER
from and against all claims, damages, losses and expenses, including but not limited to
reasonable attorneys' fees, arising out of or resulting from performance of this Agreement,
provided that such claim, damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of property including loss resulting therefrom, but
only to the extent caused in whole or in part by negligent acts or omissions of ENGINEER,
ENGINEER's subconsultant, or anyone directly or indirectly employed by ENGINEER or
ENGINEER's subconsultant or anyone for whose acts ENGINEER or ENGINEER's
subconsultant may be liable, regardless of whether or not such claim, damage, loss, or expense is
caused in part by a party indemnified hereunder.
Errors and Omissions
In the event that the Services product prepared by ENGINEER is found to be in error and
revision or reworking the Services product is necessary, ENGINEER agrees that it shall do such
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revisions without expense to OWNER, even though final payment may have been received.
ENGINEER must give immediate attention to these revisions so there will be a minimum of
delay during construction. The above and foregoing are not to be construed as a limitation of
OWNER's right to seek recovery of damages for negligence on the part of ENGINEER herein.
Ownership of Engineering Documents
All sketches, tracings, drawings, specifications, reports on special studies, and other data
prepared under this Agreement shall become the property of OWNER and shall be delivered, if
requested, to OWNER upon completion of the drawings or termination of the services of
ENGINEER. There shall be no restriction or limitation on their future use by OWNER, except
any use on extensions of the project or on any other project without written verification or
adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk and
without liability or legal exposure to ENGINEER.
OWNER acknowledges ENGINEER's drawings and specifications, including all documents on
electronic media, as instruments of professional service. Nevertheless, the drawings and
specifications prepared under this Agreement shall become the property of OWNER upon
completion of the services and payment in full of all moneys due to ENGINEER.
OWNER is aware that significant differences may exist between the electronic files delivered
and the respective construction documents because of addenda, change orders, or other revisions.
If there is a conflict between the signed construction documents prepared by ENGINEER and the
electronic files, the signed construction documents shall govern.
OWNER may reuse or make modifications to the drawings and specifications or electronic files
while agreeing to take sole responsibility for any claims arising from any modification or
unauthorized reuse of the drawings and specifications.
Subletting, Assignment, or Transfer
Subletting, assignment, or transfer of all or part of the interest of ENGINEER in this Agreement
is prohibited unless written consent is obtained from ENGINEER and approved by 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.
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.
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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 nonbinding mediation.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement.
ENGINEER: OWNER:
STRAND ASSOCIATES, INC. CITY OF DUBUQUE
DRAFT DRAFT
Matthew S. Richards Date Michael C. Van Milligen Date
Corporate Secretary City Manager
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Description
Unit
QTY
Extended Amount
Notification Letters: Print (1) Page (2) Color, Stuff,& Mail (Postage included.)
$2.00
2300
$4,600.00
Outbound Calls
$1.00
500
$500.00
Setting of Appointments for participation agreements signing and survey capture.
$5.00
1000
$5,000.00
Initial setup and support Includes 1 Year of FTP Site Hosting
$5,000.00
1
$5,000.00
$15,100.00
20% Contingency For any changes in Scope of Work.
$3,020.00
$18,120.00
northern water works supply
FERGUSON WATERWORKS
4/21/10 12:28 PM