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HomeMy WebLinkAboutAecom Technical Services-8/23/2010A=COM AECOM 319 232 6531 tel 501 Sycamore Street 319 232 0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Infiltration/Inflow Analysis Update Service Area 15 - Tributary to Cattle Congress Lift Station City of Waterloo, Iowa (Project) This Agreement is by and between Client City of Waterloo (Client) 715 Mulberry Street Waterloo, Iowa 50703 and, AECOM Technical Services, Inc. (ATS) 501 Sycamore, Suite 222 P.O. Box 1497 Waterloo, Iowa 50704-1497 Who agree as follows: Client hereby engages ATS to perform the services described in Part I ("Services") and ATS agrees to perform the Services for the compensation set forth in Part III. ATS shall be authorized to commence the Services upon execution of this Agreement. Client and ATS agree that this signature page, together with Parts I-IV and attachments referred to therein, constitute the entire Agreement between them relating to the Project ("Agreement"). APPROVE FOR CLIENT By Printed Name Ernest G. Clark Title Mayor Date 9•49-6 (a APPROVED FO AECOM T By: Printed Name Title Vice President Date F3' —/7' /O PART I ATS'S RESPONSIBILITIES A. PROJECT DESCRIPTION Page 2 The City of Waterloo undertook an Infiltration/Inflow (1/1) Analysis and Sewer System Evaluation Survey (SSES) of the sanitary sewer system previously. The purpose of the current project is to update the 1/1 Analysis and SSES for the area tributary to the Cattle Congress Lift Station, which is known as Service Area #15 (SA#15). SA#15 consists of approximately 500 acres in the west edge of the City's sewer system. The area is generally fully developed and is primarily residential development, with some commercial and dry industrial land uses. Based on the previous 1/1 Analysis, the area includes approximately 12 miles of sanitary sewer mains varying in size between 8 -inch and 15 -inch diameter. It also includes the Hackett Road Lift Station which has been a Sanitary Sewer Overflow (SSO) in the City's sewer system. The sanitary sewer system experiences higher flows during wet weather, and these extraneous flows in the system create operational problems and may present health, safety, environmental and permit compliance concerns. The Hackett Road SSO is listed as a problem area in the City's NPDES Permit and, therefore, is one of the priority targets for flow reduction. The purpose of this project is to update the 1/1 Analysis to determine the sources of and the extent of the extraneous flow sources to the sanitary sewer system, recommend improvements to the system to reduce or eliminate the extraneous flows, and compile the costs and benefits of the 1/1 rehabilitation program. The City has an ongoing Capital Improvements Program including sanitary sewer interceptors. The Northwest Interceptor will eventually serve portions of SA#15 and eliminate the Hackett Road Lift Station. The Northwest Interceptor will be factored into the considerations for this project and the recommendations for I/I reduction in SA#15. B. SCOPE OF SERVICES The work to be performed by the Consultant will include work, materials, equipment and supplies necessary to provide the services described in the following tasks: 1. Compile and review reports, plans, complaints, flow records and other pertinent information regarding the sanitary sewer system in SA#15. 2. Update the mapping of the sanitary sewer system to reflect changes and/or additions to the sanitary sewer system in SA#15 since the original I/1 Analysis. 3. Select key segments of the sanitary sewer system and install temporary flow metering stations in key manholes. It is anticipated approximately five (5) flow metering stations will be installed initially. 4. Review smoke testing results from the previous I/1 Analysis and select segments of the system to repeat the smoke testing. It is anticipated approximately 20 percent of the sanitary sewer system will have smoke testing. 5. Conduct physical survey of approximately 50 percent of the manholes in SA#15 to assess the general conditions and evaluate alternatives to repair or rehabilitate manholes to reduce extraneous flows. Page 3 6. Select approximately 15 percent of the homes or businesses in the Service Area to conduct internal inspections. The primary purpose of these inspections will be to determine the presence of extraneous flow connections, including sump pumps, footing drains, yard or area drains, and roof drains. 7. Review the television inspection records for those segments of sanitary sewer which have been televised within the last five (5) years. 8. Compile the data collected and evaluate the estimated costs and benefits of various rehabilitation or replacement projects. The improvements will be listed and costs and benefits compiled for those improvements needed in the public right-of-way and private source 1/1. 9. Prepare a report based on the information compiled in the previous tasks which will list various improvement projects and prioritize them based on the Benefit:Cost ratio. The improvements which eliminate the most extraneous flow will receive higher priority. 10. Coordinate and work closely with City staff, including the sanitary sewer crews and the City Engineering staff, throughout the project, keeping them informed of the progress of the project and key findings as the project proceeds. 11. Compile a Final report upon completion of the I/1 Update for submittal to the City staff and City Council. The report may be used to prioritize capital improvements and submit projects for funding when and/or if opportunities arise in the future. PART II CLIENT'S RESPONSIBILITIES Client, at its expense, shall do the following in a timely manner so as not to delay the Services. A. INFORMATION/REPORTS Furnish ATS necessary information/reports, all of which ATS may rely upon without independent verification in performing the Services. B. REPRESENTATIVE Designate a representative for the Project who shall have the authority to transmit instructions, receive information, interpret and define Client's policies and make decisions with respect to the Services. C. DECISIONS Provide all criteria and full information as to. Client requirements for the Project, obtain (with ATS's assistance, if applicable) necessary approvals and permits, attend Project -related meetings, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally participate in the Project to the extent necessary to allow ATS to perform the Services. Page 4 PART III COMPENSATION, BILLING, AND PAYMENT Client shall pay ATS for the Services in accordance with the following: A. COMPENSATION Compensation for the above Services shall be on an hourly basis in accordance with the hourly fees and other direct expenses in effect at the time the services are performed. The estimated compensation is One Hundred Nineteen Thousand Dollars ($119,000.00). B. BILLING AND PAYMENT ATS may bill the Client monthly for services completed at the time of billing, with net payment due in 20 days. Past due invoices will be subject to a service charge at the rate of 1% per month per request by ATS. Unless Client provides ATS with a written statement of any objections to the bill within 15 days of receipt, Client shall be deemed to accept the bill as submitted. L:\work\ADMIN\AGREE\PROF\Waterloo I-IAnal-SA15-CattleCongress.doc 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional services are not subject to, and ATS can not provide, any warranty or guarantee, express or implied, including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained in any purchase orders, requisitions or notices to proceed issued by Client are specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on -facts known at the time of execution of this Agreement, including, if applicable, information supplied by Client. For some projects involving conceptual or process development services, scope may not be fully definable during initial phases. As the Project progresses, facts discovered may indicate that scope must be redefined. 3. SAFETY. ATS has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a service to be provided under this Agreement, ATS specifically disclaims any authority or responsibility for general job site safety and safety of persons other than ATS employees. 4. DELAYS. If events beyond the control of Client or ATS, including, but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule established in this Agreement, such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 60 days, ATS shall be entitled to an equitable adjustment in compensation. 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other party. Client shall pay ATS for all Services, including profit relating thereto, rendered prior to termination, plus any expenses of termination. In the event either party defaults in its obligations under this Agreement (including Client's obligation to make the payments required hereunder), the non - defaulting party may, after 7 days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced and diligently continued, and failure of the defaulting party to commence cure within such time limit and diligently continue, suspend performance under this Agreement. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs prepared by ATS is supplied for the general guidance of the Client only. Since ATS has no control over competitive bidding or market conditions, ATS cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to Client. 7. RELATIONSHIP WITH CONTRACTORS. ATS shall serve as Client's professional representative for the Services, and may make recommendations to Client concerning actions relating to Clients contractors, but ATS specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences or procedures of construction selected by Client's contractors. 8. CONSTRUCTION REVIEW. For projects involving construction, Client acknowledges that under generally accepted professional practice, interpretations of construction documents In the field are normally required, and that performance of construction -related services by the design professional for the project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold ATS harmless from any claims resulting from performance of construction -related services by persons other than ATS. 9. INSURANCE. ATS will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker's Compensation, and Employer's Liability in amounts in accordance with legal, and ATS's business requirements. Certificates evidencing such coverage will be provided to Client upon request. For projects involving construction, Client agrees to require Its construction contractor, If any, to include ATS as an additional insured on its policies relating to the Project. ATS's coverages referenced above shall, in such case, be excess over contractor's primary coverage. 10. HAZARDOUS MATERIAL. Hazardous materials may exist at a site where there is no reason to believe they could or should be present. ATS and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work. ATS agrees to notify Client as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. Client acknowledges and agrees that it retains title to all hazardous material existing on the site and shall report to the appropriate federal, state or local public agencies, as required, any conditions at the site that may present a potential PART IV STANDARD TERMS AND CONDITIONS danger to the public health, safety or the environment Client shall execute any manifests or forms in connection with transportation, storage and disposal of hazardous materials resulting from the site or work on the site or shall authorize ATS to execute such documents as Client's agent. Client waives any claim against ATS and agrees to defend, Indemnify, and save ATS harmless from any claim or liability for injury or loss arising from ATS's discovery of unanticipated hazardous materials or suspected hazardous materials. 11. INDEMNITY. ATS agrees to defend, indemnify and save harmless the Client, its agencies, agents, employees and assignees from all claims and liabilities due to design error, omission or negligent act of ATS, its members, agents, stockholders or employees in connection with performance of this Agreement 12. ACCESS. Client shall provide ATS safe access to any premises necessary for ATS to provide the Services. 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverabies without written verification or adaptation by ATS for the specific purpose intended, shall be at the Client's risk. Further, all title blocks and the engineer's seal, if applicable, shall be removed if and when Client provides deliverables in electronic media to another entity. Client agrees that relevant analyses, findings and reports provided in electronic media shall also be provided in "hard copy" and that the hard copy shall govem in the case of a discrepancy between the two versions, and shall be held as the official set of drawings, as signed and sealed. Client shall be afforded a period of 30 days in which to check the hard copy against the electronic media. In the event that any error or inconsistency is found as a result of this process, ATS shall be advised and the inconsistency shall be corrected at no additional cost to Client. Following the expiration of this 30 -day period, Client shall bear all responsibility for the care, custody and control of the electronic media. In addition, Client represents that it shall retain the necessary mechanisms to read the electronic media, which Client acknowledges to be of only limited duration. Client agrees to defend, indemnify, and hold harmless ATS from all claims, damages, and expenses, (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 15. ASSIGNMENT. Except for assignments (a) to entities which control, or are controlled by, the parties hereto or (b) resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. 16. STATUTES OF LIMITATION. To the fullest extent permitted by law, parties agree that, except for claims for indemnification, the time period for bringing claims under this Agreement shall expire one year after Project completion. 17. DISPUTE RESOLUTION. Parties shall attempt to settle disputes arising under this agreement by discussion between the parties senior representatives of management. If any dispute can not be resolved in this manner, within a reasonable length of time, parties agree to attempt non-binding mediation or any other method of alternative dispute resolution prior to filing any legal proceedings. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs from the other party. 18. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall Invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 19. NO THIRD -PARTY BENEFICIARY. Nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. 20. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 21. AUTHORITY. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. L:iWORKWDMINIAGREEISAVE\WaterlooTC.doc Dec 2008 135132 - Greenwood/Schmitt that "Resolution approving Professional Services Agreement with AECOM Technical Services, Inc. of Waterloo, Iowa in the amount of $119,000.00 in conjunction with Infiltration and Inflow Analysis Update for Service Area 15 - Tributary to Cattle Congress Lift Station -Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2010-770.