HomeMy WebLinkAboutAECOM-3/21/2016 Bus Stop Locations ADA Design Phase ICOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0211 fax
Suite 222
Waterloo, Iowa 50703
vdvwaecom .com
BUS STOP LOCATIONS ADA DESIGN - PHASE 1
CITY OF WATERLOO, IOWA
PROEESSIONAL SERVICE AGREEMENT
This Agreement is made arid entered by and between AECOM TechnicaI Services, Inc., 501
Sycamore Street! Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo,
Iowa, hereinatter reterred to as CLIENT."
tN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree
foliows:
1. SCOPE OF SERVICES
ATS shall perform protessional Services (the "Services") in connection with CLIENTS facilities
in accordance with the Scope of Services set forth in Exhibit A attached hereto.
ATS'S RESPONSIBILITIES
ATS shall, subject to the terms and provisions of this Agreement:
(a) Appont one or more individuals who shall be authorized to act on behalf of ATS and
with whom CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions will be binding upon ATS as to all matters pertaining to this
Agreement and the perlormance of the parties hereunder.
(b) Use alI reasonable etforts to complete the Services within the time period mutually
agreed upon, except for reasons beyond its control.
(c) Perform the Services in accordance with generaily accepted professional engineering
standards in existence at the time of perlormance of the Services. If during the two
year period foliowing the completion of Services, it is shown that there is an error in
the Services solely as a result of ATSs failure to meet these standards, ATS shall re-
perform such substandard Services as may be necessary to remedy such error at no
cost to CLIENT. Since ATS has no control over Iocal conditions, the cost of labor and
materials, or over competitive bidding and market conditioris, ATS does not guarantee
the accuracy of any construction cost estimates as compared to contractor's bids or
the actual cost to the CLIENT. ATS makes no other warranties either express or
implied and the parties' rights, Iiabilities, responsibilities and remedies with respect to
the quality of Services, including claims alleging negligence, breach of warranty and
breach of contract, shall be exclusively those set forth herein.
(d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require
1 rom all vendors and subcontractors from which ATS procures equipment, materials
or services for the project, guarantees with respect to such equipment, materials and
services. All such guarantees shall be made available to CLIENT to the fulI extent of
the terms thereof. ATSs Iiability with respect to such equipment, and materials
obtained from vendors or seMces 1 rom subcontractors, shall be hmited to procuring
guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose of enforcing the same.
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(e) ATS will be providing estimates of costs to the CLIENT covering an extended period
ot time. ATS does not have control over any such costs, including, but not Iimited to,
costs oI labor, material, equipment or services turnished by others or over competitive
bidding, marketing or negotiating conditions, or oonstruction contractors' methods at
determining their prices. Accordingly, it is acknowledged and understood that any
estimates, projections or opinions of probable project costs provided herein by ATS
are estimates only, made on the basis of ATS's experience and represent ATS's
reasonable judgment as a qualified professional. ATS does not guaranty that
proposals, bids or actual project costs will not vary from the opinions of probable oosts
prepared by ATS, and the CLIENT waives any and all claims that it may have against
ATS as a result oI any such variance.
111. CLIENT'S RESPONSIBILITIES
CLIENT shall at such times as may be required for the successful and expeditious completion
01 the Services;
(a) Provide all eriteria and information as to CLIENTs requirements; obtain all necessary
approvals and permits required 1 rom all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENT's behalf on
all matters concerriing the Services.
(b) Furnish to ATS all existing studies, reports and other available data pertinent to the
Services, and obtain additional reports, data and services as may be required for the
project. ATS shall be erttitled to rely upon aII such information, data and the results of
such other services in performing its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnify and hold harmiess CLIENT from and against any and all suits,
actions, damages, Ioss, Iiability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third parly
property 11 and to the extent arising 1 rom the negligent errors or omissions or willful misconduct
of ATS during the performance of the Services hereunder.
V. INSURANCE
Commencing with the performance of the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, ATS shall maintain standard
insurance policies as follows:
(a) Workers' Compensation andlor all other Social Insurance in accordance with the
statutory requirements 01 the state having jurisdiction over ATS's employees who are
engaged in the Servioes, with Employer's Liability not Iess than One Hundred
Thousand Dollars ($1 00,000) each accident;
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(b) Commercial General Bodily lnjury and Property Damage Liability and Automobile
Iiabilily insurance ineluding (owned, non -owned, or hired), each in a combined single
limit of One Million Dollars ($1 000,000) each occurrence for bodily injury and property
damage Ilability. This policy inoludes Conlractual Liability coverage. ATS agrees to
name CLIENT as Additional Insured on this poflcy, but only to the extent of ATSs
negligence under this Agreement and only to the extent of the insurance Iimits
specified herein.
(0)
Professional Liability Insurance with Iimits ot $1,000,000 per claim and in the
aggregate covering ATS against all sums which ATS may become legally obligated to
pay on account 01 any professional Iiability arising out of the pertormance of this
Agreement.
ATS agrees to provide CLIENT with �ertificates 01 insurance evidencing the above described
ooverage prior to the start of Services hereunder and annually thereafter if required. ATS shall
provide prompt notice to the CLIENT in the event ot cancellation, material change, or non-
renewal per standard ISO Acord Form wording and the policy provisions.
VI. COMPENSATION AND TERMS OF PAYMENT
Compensation for the services shall be on an hourly basis in accordance with the hourly
tees and other direct expenses in effect at the time the services are performed. Total
compensation for the services is a not to exceed fee of Seventy -Five Thousand Dollars
($75,000.00).
ATS may bill the CLIENT monthly tor services completed at the time of billing. CLIENT
agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof.
In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such
disputed ibm within lan (10) days after receipt 01 invoice and shall pay bo ATS the undisputed
portion of the invoice according bo the provisions hereof. CLIENT agrees to abide by any
applicable statutory prompt pay provisions currently in effect.
VIl. TERMINATION
CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14)
days written notice to ATS. The obligation to provide further Services under this Agreement
may be terminated by either party upon fourteen (14) days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through no
fault ot the terminating party, providing such defaulting party has not cured such failure, or, in
the event of a non -monetary default, commenced reasonable actions to cure such failure. In
either case, ATS will be paid for aII expenses incurred and Services rendered to the date of the
termination in accordance with compensation terms of Article VI.
Vill. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, tinal project specific calculations and ather
instruments of ser'ice which ATS prepares and delivers to CLIENT pursuant to this
Agreement shall become the property of CLIENT when ATS has been compensated
for Services rendered. CLIENT shall have bhe right to usa such instruments of service
solely for the purpose of the construction, operation and maintenance of the Facilities.
Any other usa or reuse of original or altered files shall be at CLIENT's sole risk
without Iiability or legal exposure to ATS and CLIENT agrees bo release, defend and
hold ATS harmless from and against all claims or suits asserted against ATS in the
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event such documents are used for a purpose different than originally prepared even
though such claims or suits may be based on allegations of negligence by ATS.
Nothing contained in this paragraph shall be construed as limiting or depriving ATS of
its rights to use its basic knowledge and skills to design or carry out other projects or
work for itself or others, whether or not such other projects or work are similar to the
work to be performed pursuant to this Agreement.
(b) Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced and ATS makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of a
conflict between the sealed original drawings and the electronic files, the sealed
drawings will govern.
IX. MEANS AND METHODS
(a)
ATS shall not have control or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety measures and
programs including enforcement of Federal and State safety requirements, in
connection with construction work pertormed by CLIENT's construction contractors.
Nor shall ATS be responsible for the supervision of CLIENT's construction
contractors, subcontractors or of any of their employees, agents and representatives
of such contractors; or for inspecting machinery, construction equipment and tools
used and employed by contractors and subcontractors on CLIENT's construction
projects and shall not have the right to stop or reject work without the thorough
evaluation and approval of the CLIENT. In no event shall ATS be Iiable for the acts or
omissions of CLIENT's construction contractors, subcontractors or any persons or
entities performing any of the construction work, or for the failure of any of them to
carry out construction work under contracts with CLIENT.
(b) In order that ATS may be fully protected against such third party clairns, CLIENT
agrees to obtain and maintain for the benefit of ATS the same indemnities and
insurance benefits obtained for the protection of the CLIENT from any contractor or
subcontractor working on the project and shall obtain from that
contractor/subcontractor insurance certificates evidencing ATS as an additional
named insured.
X. INDEPENDENT CONTRACTOR
ATS shall be an independent contractor with respect to the Services to be performed
hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed
to be the servants, employees, or agents of CLIENT.
XI. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and
Iiability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre-
existing contamination" is any hazardous or toxic substance present at the site or sites
concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release,
defend, indemnify and hold ATS harmless from and against any and all Iiability which may in
any manner arise in any way directly or indirectly caused by such pre-existing contamination
except if such liability arises from ATS's sole negligence or willful misconduct.
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CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage,
transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall
be solely responsible for obtaining a disposal site tor such material. CLIENT shail look to the
disposal tacflity and/or transporter for any responsibility or Iiability arising from improper
disposal or transportation ot such waste. ATS shall not have or exert any control over CLIENT
in CLIENT's obllgations or responsibilities as a generator in the storage, transportation,
treatment or disposal ot any pre-existing contamination. CLIENT shall complete and execute
any governmentally required forms relating to regulated activities including, but not Iimited to
generation, storage, handling, treatment, transportation, or disposal of pre-existing
contamination. In the event that ATS executes or completes any governmentally required
torms relating to regulated activities including but not Iimited to storage, generation, treatrrient,
transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be
deemed to have acted as CLIENT's agent.
For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall
approve selection ot the contractors to perform such services, all site Iocations, and provide
ATS with all necessary intormation regarding the presence of underground hazards, utilities,
structures and conditions at the site.
XII. LIMITATION OF LIABILITY
CLIENT agrees that ATS's Iiability tor the act, error or omission in its performance of services
under this Agreement shall in no event exceed the amount of the total compensation received
by ATS. It is intended by the parties to this Agreement that ATS's services in connection with
the project anticipated herein shall not subject ATS's individual employees, ofticers, or
directors to any personal legal exposure tor the risks associated with this project.
XIII. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach ot this Agreenient and it the dispute cannot
be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to
mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall
notify the other party in writing of the dispute desired to be mediated. If the parties are unable
to resolve their ditferences within 10 days of the receipt of such notice, such dispute shall be
submitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in effect. The deadline for
submitting the dispute to mediation can be changed if the parties mutually agree in writing to
extend the time between receipt ot notice and submission to mediation. The expenses of the
mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement
to seek mediation shall be a condition required before tiling an action at Iaw or in equity.
However, prior to or during the negotiations or the mediation either party may initiate litigation
that would otherwise be barred by a statute of Iimitations, and ATS may pursue any property
Iiens or other rights it may have to obtain security tor the payment ot its invoices.
XIV. MISCELLANEOUS
(a) This Agreement constitutes the entire agreement between the parties hereto and
supersedes any oral or written representations, understandings, proposals, or
communications heretotore entered into by or on account ot the parties and may not
be changed, modified, or amended except in writing signed by the parties hereto. In
the event of any conflict between this contract document and any ot the exhibits
hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the Iatest date shall control.
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(b) This Agreement shall be governed by the laws of the State of Iowa.
(c) ATS may subcontract any portion of the Services to a subcontractor approved by
CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of
its obligations under this Agreement.
(d) In no event shall either party be liable to the other for indirect or consequential
damages, including, but not limited to, loss of use, loss of profit or interruption of
business, whether arising in contract, tort (including negligence), statute, or strict
liability.
(e) In the event CLIENT uses a purchase order form to administer this Agreement, the
use of such form shall be for convenience purposes only, and any typed provision in
conflict with the terms of this Agreement and all preprinted terms and conditions
contained in or on such forms shall be deemed stricken and null and void.
(f) This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and
does not create any third party beneficiaries to the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written
below.
APPROVED FOR CITY OF WATERLOO APPROVED FOR AECOM TECHNICA ERVICES, INC.
By: 6U By:
Printed Name: Quentin Hart Printed Name: Douglas W. Schindel
Title: Mayor Title: Associate Vice President
3 , 7-1 —1 to Date: March 16, 2016
BUS STOP LOCATIONS ADA DESIGN - PHASE 1
CITY OF WATERLOO, IOWA
EXHIBIT A
A. PROJECT DESCRIPTION
The project consists ot the construction of approximately 27 bus stop Iocations within the City of
Waterloo tor compliance with the American Disability Act (ADA) standards. The project ineludes
the tirst phase ot the bus stop ADA compliance program within the city and is considered the
Priority One Iocations where minimal right-ot-way and sidewaik extensions would be required. A
total ot approximately 60 Iocations were reviewed by city staff to determine the priority Iocations.
The Priority One Iocations included in this project will involve construction of bus stops to comply
with the ADA requirements, including boarding and alighting areas and ADA compliant
connections to existing sidewalks. The toflowing Iocations are currently considered the Priority
One Iocations:
ID
1) Bench 1-1
2) Bench 1-2
3) Shelter 1-3
4) Bench 1-7
5) Bench 1-8
6) Bench 2-3
7) Bench 2-4
8) Bench 2-6
9) Bench 2-7
10) Bench 2-8
11) Bench3-5
12) Shelter 4-3
13) Shelter 4-4
14) Bench4-6
15) Bench 4-7
16) Bench 5-2
17) Bench 5-4
18) Shelter 5-5
19) Bench 5-7
20) SheRers-lO
21) Shelter 6-1
22) Bench 8-3
23) Bench 8-5
24) Bench
25) Bench
26) Bench
27) Bench
Landmark
Library
Hy -Vee
Apartments
Kimball Ave Methodist Church
Grout Museum
CovenantfApartments
CovenantlMental Health/Columbus High
VA Clinic
Kwik Star/Residential
Liberty Park/Hometown Foods
Apariments/Boys & Giris Club
Public Health/Expo/Highland
Apariments
Gates Park
Logan Plaza
Crossing Point Plaza/Apartments
TargetlApartnients
AIdisfOlive Garden
Best Buy/Bio-Lite
Food BanklOperation Threshold
North Star
Wainut Ridge Church/Family Video
Residential Neighborhaod
Rainbow/Greenhill
VaItey View Park
Food BanldOperation Threshold
Commercial Area
Street Location Quadrant
West Park Ave/Commercial St
Ansborough Ave/W 4IhSt
W 4 StlKent Circle
Kirnbail Ave/Byron Ave
South StiW Park Ave
51 Francis DrMildwaad Rd
51. Francis Dr/W 9h
Fisher Dr/Tower Park Dr
W 9 StISoulh St
9' St/E Mitchell Ave
Iowa St/Walnut St
Independence Ave/Idaho St
ldaho StlProspect Ave
Lester St/E 41h
Logan Ave/E Donald St
E Ridgeway Ave/Wisconsin 51
Sears St/Main Target Driveway
Schukei RdfAIdi's South Driveway
Crossroads BIvd/Best Buy/Bio-Life Driveway
Lafayette StlDivision St
University Ave/Frontage Rd
W Ridgeway Ave/Ansborough Ave
5 Hacketi Rd/Downing Ave
Rainbow Dr/Greenhill Rd
Maynard AvefGreenhill Rd
Lafayetle St/Division 51
University Ave Frontage/Perkins Driveway
N
NW
NE
SE
w
SE
E
NE
N
NW
NW
NE
SE
NE
NE
SE
NE
5
5
NE
SE
Sw
NW
w
NE
Sw
NE
These Iocations wifl be verified during the design process. The basis for the design will be a
design survey completed at each Iocation. It is anticipated that aerial photography will be used to
assist with the plan view drawings and no additional right-ot-way will be required for this phase of
the project. Services to be provided for Phase 1 ot the project will be divided into twa phases.
The tirst phase will include the required design services, including the preparation of plans and
specifications for a City of Waterloo Ietting. The second phase will include construction -related
services, which will be determined at the time the services are needed. 11 desired, Phase 11 ot the
project, which includes additional bus stop Iocations and may involve additional sidewaik
extensions and right-ot-way acquisition, could also be included in a supplemental agreement.
B. SCOPE OE SERVICES
The Scope of Services for Phase 1 Design Services will encompass and include detailed work,
services, materials, equipment, personnel and supplies necessary to provide design survey,
conceptual design, final design and project administration. The Scope of Services tor Phase 1
Design Services is further defined as follows:
Phase 1- Desiqn Servites
Survey and Base Mapping
Tasks 1 - 5. These tasks include field surveys for the bus stop Iocations which will be used as the
basis tor the design. The foliowing identifies tasks leading to the completion ot the design surveys
required for the project.
Task 1 - Data Collection
Task 2 - Project Control and Bench Marks
Task 3 - Desiqn Survev
Task 4 - ProDertv Corner Survevs
Task 5 - Survev Note Reduction and Base Mappinq
Conoeptual Design
Tasks 6 - 8. These tasks include a review of the Iocations originally identitied as Priorlty One
Iocations based on the tield survey obtained. The conceptual design will include a preliminary
right-of-way review, conceptual Iayout at each Iocation and development of a prehminary
construction cost estimate. The following identity tasks leading to the completion of the
conceptual design development portion of the project.
Task 6 - Preliminary Right-ot-Way Review
Task 7 - Concept Layout
Task 8 - Develop Preliminary Cost Estimate
Final PIan Development
Tasks 9 - 20. These tasks include developing tinal plans and specitications tor the Priority One
bus stop Iocations. These tasks will include work necessary to complete the grading and paving
plans and specitications for the bus stop construction. Included in these tasks will be the typical
cross-sections, tabulations and quantities, final plan view sheets, intersection details, geometric
Iayout sheets, traffic control sheets, construction cost estimate and technical specifications.
These tasks will include work necessary to complete the final design, project plans and
specifications, and the printing of the documents tor a City of Waterloo letting. The toliowing
specific tasks Iead to the completion of the tinal plans for the bus stop construction.
Task 9 - Title and Leqend Sheets
Task 10 - Typical Sections and Details
Task 11 - Bid Items and General Notes
a. Bid Item and Quantity Listing
b. Estimate Reference Information
c. General Notes
Task 12 - Tabulations and Quantities
Task 13 - PIan Sheet Schematic Diagrarns
Task 14 - Tratfic Control Sheets
Task 15 - Pollution Prevention PIan
Task 16 - Quahty Control Review
Task 17 - Construction Cost Estimate
Task 1 8 - Specitications
Task 1 9 - Printinq and Submittals
Task 20 - FieId Review
Project Administration ancf Meetings
Tasks 21 - 23. These tasks nclude project administration, coordination, and meetings throughout
the project development. These tasks also include pre-Ietting activities and general project
administration. The foliowing identifies tasks leading to the completion of project administration,
meetings and coordination during the design phase of the project.
Task 21 - Project Meetings
Task 22 - Pre -Letting Activities
Task 23 - Project Administration
Phase 1!- Construction -Related Services
The scope of construction -related services will be determined at the time the services are needed
and defined under a future amendment to this Agreement. Construction -related services include
construction staking, on-site field review, materials testing, contract administration during
construction and right-of-way staking.
O:\Administraflon\AGREE\PROF\Wat Bus Stop Locafions ADA Des Ph I.doc