HomeMy WebLinkAboutAECOM Professional Services Agmnt - 4th, 5th and 6th Streets Conversion 12.21.2020AECOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
CITY OF WATERLOO, IOWA
TRAFFIC ENGINEERING STUDY
4TH, 5TH AND 6TH STREETS CONVERSION OF ONE-WAY COUPLETS TO TWO-WAY
PROFESSIONAL SERVICE AGREEMENT
This Agreement is made and entered by and between AECOM Technical Services, Inc., 501
Sycamore Street, Suite 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo,
715 Mulberry Street, Waterloo, Iowa, hereinafter referred to as "CLIENT."
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
follows:
I. SCOPE OF SERVICES
ATS shall perform professional Services (the "Services") in connection with CLIENT's facilities
in accordance with the Scope of Services set forth in Exhibit A attached hereto.
II. ATS'S RESPONSIBILITIES
ATS shall, subject to the terms and provisions of this Agreement:
(a) Appoint 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 performance of the parties hereunder.
(b) Use all reasonable efforts to complete the Services within the time period mutually
agreed upon, except for reasons beyond its control.
(c) Perform the Services in accordance with generally accepted professional engineering
standards in existence at the time of performance of the Services. If during the two
year period following the completion of Services, it is shown that there is an error in
the Services solely as a result of ATS's 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 local conditions, the cost of labor and
materials, or over competitive bidding and market conditions, 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, liabilities, 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
from 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 full extent of
the terms thereof. ATS's liability with respect to such equipment, and materials
obtained from vendors or services from subcontractors, shall be limited to procuring
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guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose of enforcing the same.
(e) ATS will be providing estimates of costs to the CLIENT covering an extended period
of time. ATS does not have control over any such costs, including, but not limited to,
costs of labor, material, equipment or services furnished by others or over
competitive bidding, marketing or negotiating conditions, or construction contractors'
methods of 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
costs prepared by ATS, and the CLIENT waives any and all claims that it may have
against ATS as a result of any such variance.
III. CLIENT'S RESPONSIBILITIES
CLIENT shall at such times as may be required for the successful and expeditious completion
of the Services;
(a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary
approvals and permits required from all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENT's behalf on
all matters concerning 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 entitled to rely upon all such information, data and the results of
such other services in performing its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third party
property if and to the extent arising from 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 and/or all other Social Insurance in accordance with the
statutory requirements of the state having jurisdiction over ATS's employees who are
engaged in the Services, with Employer's Liability not less than One Hundred
Thousand Dollars ($100,000) each accident;
(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
liability insurance including (owned, non -owned, or hired), each in a combined single
limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and
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property damage liability. This policy includes Contractual Liability coverage. ATS
agrees to name CLIENT as Additional Insured on this policy, but only to the extent of
ATS's negligence under this Agreement and only to the extent of the insurance limits
specified herein.
(c) Professional Liability Insurance with limits of $1,000,000 per claim and in the
aggregate covering ATS against all sums which ATS may become legally obligated
to pay on account of any professional liability arising out of the performance of this
Agreement.
ATS agrees to provide CLIENT with certificates of insurance evidencing the above described
coverage prior to the start of Services hereunder and annually thereafter if required. ATS
shall provide prompt notice to the CLIENT in the event of 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
fees and other direct expenses in effect at the time the services are performed. Total
compensation is a not -to -exceed fee of Eighty -Nine Thousand Eight Hundred Dollars
($89,800.00).
ATS may bill the Client monthly for 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 item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed
portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any
applicable statutory prompt pay provisions currently in effect.
VII. 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 of 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 all expenses incurred and Services rendered to the date of
the termination in accordance with compensation terms of Article VI.
VIII. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, final project specific calculations and other
instruments of service 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 the right to use such instruments of
service solely for the purpose of the construction, operation and maintenance of the
Facilities. Any other use or reuse of original or altered files shall be at CLIENT's sole
risk without liability or legal exposure to ATS and CLIENT agrees to release, defend
and hold ATS harmless from and against all claims or suits asserted against ATS in
the 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.
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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 performed 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 liable 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 claims, 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
liability 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 liability 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 for such material. CLIENT shall look
to the disposal facility and/or transporter for any responsibility or liability arising from improper
disposal or transportation of such waste. ATS shall not have or exert any control over
CLIENT in CLIENT's obligations or responsibilities as a generator in the storage,
transportation, treatment or disposal of any pre-existing contamination. CLIENT shall
complete and execute any governmentally required forms relating to regulated activities
including, but not limited to generation, storage, handling, treatment, transportation, or
disposal of pre-existing contamination. In the event that ATS executes or completes any
governmentally required forms relating to regulated activities including but not limited to
storage, generation, treatment, 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 of the contractors to perform such services, all site locations, and provide
ATS with all necessary information regarding the presence of underground hazards, utilities,
structures and conditions at the site.
XII. LIMITATION OF LIABILITY
CLIENT agrees that ATS's liability for 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, officers, or
directors to any personal legal exposure for the risks associated with this project.
XIII. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach of this Agreement and if 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 differences 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 of 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 filing an action at law 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 limitations, and ATS may pursue any
property liens or other rights it may have to obtain security for the payment of 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 heretofore entered into by or on account of 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 of the exhibits
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hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
(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
By: 2i14iil 1c.r'4 By:
Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E
Title: Mayor Title: Associate Vice President
Date: 12/21/2020 Date:
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hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
(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
By: GZ,�,✓,� H��F
Printed Name:
Title:
By:
Quentin Hart Printed Name: Douglas W. Schindel, P.E
Mayor
Title: Associate Vice President
Date: 12/21 /2020 Date:
12/16/2020
CITY OF WATERLOO, IOWA
TRAFFIC ENGINEERING STUDY
4TH, 5TH AND 6TH STREETS CONVERSION OF ONE-WAY COUPLETS TO TWO-WAY
EXHIBIT A
A. Project Description
This project consists of a traffic engineering study to convert the one-way couplets to two-
way traffic on 4th Street and 5th Street from Six Corners to Randolph Street and on 5th Street
and 6th Street from Randolph Street to near Barclay Street through downtown Waterloo.
The project will include the development and evaluation of alternatives and analysis of the
traffic operations for both the existing one-way couplet streets and the proposed conversion
to two-way traffic. The study will include a final technical report which will compare and
consider intersection configuration alternatives, typical cross section alternatives,
pedestrian and bicycle accommodations, freight impacts, accessibility to businesses, street
signage, downtown wayfinding signage, parking impacts and safety analysis. The final
technical report will also summarize the evaluation of alternatives and the findings of the
traffic analysis.
The project will be coordinated with the Traffic Operations Department of Public Works,
Engineering Department and Community Development Department of the City of Waterloo.
A Technical Advisory Committee will be formed with representatives from each of these
departments. This study will also include a Stakeholders Committee formed from
community organizations such as Main Street Waterloo, Waterloo Development
Corporation, Complete Streets Advisory Committee, Grow Cedar Valley, Church Row
Neighborhood Association and INRCOG. The Technical Advisory Committee will identify
members of the Stakeholders Committee. The report will be used by the City Council to
determine the feasibility of the two-way conversion of 4th, 5th and 6th Streets.
B. Scope of Services
The Scope of Services will encompass and include detailed work, services, materials,
equipment and supplies necessary to complete the traffic engineering study defined above.
The Scope of Services is further defined as follows:
Tasks 1-10 - Data Collection and Base Mapping. These tasks include data collection and
base mapping activities. It is anticipated that this study will be conducted with the use of
existing traffic counts provided by the City and available data from various sources. These
tasks will include obtaining the available information and creating an electronic base map of
acquired information to create study graphics. Included in these tasks is a field review of
the project study area. Observations and photographs will be made and recorded. The
field review will consist of a half -day field/office review with representatives of the City
attending. The following tasks are anticipated:
Task 1 - Review and Collection of As Built Information and Plans
Task 2 - Review of Traffic Counts from the City of Waterloo
Task 3 - Review of Previous Traffic Studies
Task 4 - Review of Traffic Signal Timing and Plans
Task 5 - Collect Five -Year Crash Records
Task 6 - Review of Existing Transit Routes
Task 7 - Complete Sign Inventory
Task 8 - Collect Parking Information Along 4th, 5th and 6th Streets
Task 9 - Field Review
Task 10 - Base Mapping
Tasks 11-19 - Alternative Development and Evaluation. These tasks include the
development of alternatives for the conversion from one-way couplets to two-way traffic on
4th, 5th and 6th Streets. The alternatives will be developed in coordination with the Technical
Advisory Committee. Alternatives developed will include intersection reconfigurations,
phasing alternatives for couplet conversion, including evaluation of a two-way left -turn lane,
pedestrian and bicycle accommodation alternatives, signage impacts, parking impact
analysis, evaluation of alternatives and development of cost estimates for preferred
alternatives, including estimated right-of-way costs. It is estimated that three alternatives
will be developed with graphics and costs.
Task 11 - Development of Typical Cross Sections
Task 12 - Development of Intersection Configurations
Task 13 - Pedestrian and Bicycle Accommodation Alternatives
Task 14 - On -Street Parking Impacts Analysis
Task 15 - Evaluation of Access to Businesses. This task includes an evaluation of driveway
reconfigurations, if necessary, in addition to operational issues for deliveries.
Task 16 - Evaluation of Alternatives and Screening
Task 17 - Preparation of Graphics and Figures for the Preferred Alternatives (Three)
Task 18 - Development of Cost Estimates for the Preferred Alternatives (Three). This task
includes developing cost estimates for replacement of existing traffic signals in addition to
required new traffic signals and associated equipment.
Task 19 - Final Development of Alternatives
Tasks 20-24 - Traffic Analysis. These tasks include the traffic analysis of the one-way
couplet conversion to two-way traffic on 4th, 5th and 6th Streets. Included in this analysis is
the modeling of the existing traffic conditions using SYNCHRO and Sim -Traffic to evaluate
the existing operation and level of service of the intersections along 4th, 5th and 6th Streets.
This analysis will be used as a basis of comparison for the two-way directional conversion.
After the existing conditions traffic is evaluated, the traffic for the two-way directional
conversion will be evaluated. Two-way traffic analysis will include modeling of the
intersection using SYNCHRO and Sim -Traffic to obtain level of service of the intersections
along 4th, 5th and 6th Streets. Comparison between one-way couplets and two-way
operations will include intersection delay, queuing, average arterial speed, total travel time,
fuel consumption and emissions, and evaluating associated user costs. Included in these
tasks is an evaluation of impact to freight/truck traffic.
Task 20 - Existing/One-Way Couplet Modeling
Task 21 - Proposed Two -Way Traffic Operations Modeling of Preferred Alternatives
Task 22 - Comparison and Analysis of Traffic Operations Models
Task 23 - Safety Analysis and Comparison Between Existing and Proposed Models
Task 24 - Freight Analysis and Comparison Between Existing and Proposed Models
Tasks 25-32 - Meetings and Administration. These tasks are for the various meetings with
the Technical Advisory Committee, Stakeholder Committee, Council work session, inter-
office meetings, quality control reviews, communication and progress updates, and project
administration.
Task 25 - Technical Advisory Committee Meetings (Two)
Task 26 - Council Work Session (One)
Task 27 - Stakeholder Committee Meetings (Two)
Task 28 - Inter -Office Meetings
Task 29 - Quality Control Reviews
Task 30 - Communication and Progress Updates
Task 31 - Display Graphics and Presentation Materials for Meetings
Task 32 - Project Administration
Tasks 33-35 - Final Report. These tasks include the development of the final technical
report which would include the results of the alternative development and evaluation and
traffic analysis activities. Also included in the final report will be a recommendation on the
preferred two-way alternative. The final report will be submitted to the City Council to assist
in the evaluation of the feasibility of one-way couplets to two-way conversion of 4th 5th and
6th Streets from Six Corners to Barclay Street through downtown Waterloo. The final report
tasks are as follows:
Task 33 - Develop Final Two -Way Alternative Recommendation
Task 34 - Draft Final Report
Task 35 - Review and Finalize Final Report
Exceptions
The following tasks are not included in this Scope of Services, but can be added by
supplemental agreement if desired:
• Topographic Survey
• Traffic Counting of Intersections
• Traffic Forecasting
• Preliminary and Final Design Services
O:\Administration\AGREE\PROF\WAT 4th 5th 6th Streets Conversion.doc