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HomeMy WebLinkAboutAECOM-Professional Services Agreement-02.23.2009 ar 4) 3- 49 AECOM AECOM 501 Sycamore Street,Suite 222,Waterloo, Iowa 50703 T 319.232.6531 F 319.232.0271 www.aecom.com PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Waterloo Local Flood Protection Project(LFPP) Levee System Accreditation ("Project") City of Waterloo Iowa 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 Street, 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"). APPROVED FOR CLIENT APPROVED �FO'_: 014M TECHNICAL SERVICES,INC. BY By: ��� rr, le` Printed Name !� i � Printed Name Joe Becker Title y D r Title Vice President Date a— 3 " 69 Date February 19, 2009 Page 2 PART I ATS'S RESPONSIBILITIES A. PROJECT DESCRIPTION This project consists of a technical review of the Waterloo Local Flood Protection Project (LFPP) completed by the United States Army Corps of Engineers in December of 1982. The LFPP consists of earthen levees, floodwalls, closure structures, pump stations, a dam on Virden Creek and ponding areas protecting areas behind the LFPP to a 100-year flood design level plus freeboard. Flooding sources in the LFPP include the Cedar River, Black Hawk Creek, Virden Creek and Blowers Creek. The total length of the LFPP is approximately 20 miles. The U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) requires the City of Waterloo to provide the LFPP technical review and associated levee system accreditation as a condition of participation in the National Flood Insurance Program(NFIP). FEMA has currently designated the Waterloo LFPP as a Provisionally Accredited Levee (PAL) based on correspondence received by the City on June 19, 2008. The PAL designation remains in effect until June 10, 2010. Prior to that date, certification requirements, as indicated in Title 44 of the Code of Federal Regulations (CFR), Section 65.10, must be provided to accredit the LFPP. In addition, a progress report is required to be submitted to FEMA prior to June 10, 2009, to document progress toward obtaining the certification requirements. The project will include obtaining and reviewing design information outlined in Title 44,Section 65.10,to certify the LFPP System continues to meet the minimum design, operation and maintenance requirements required by FEMA to participate in the NFIP. The scope of services for the project assumes that the required design and construction documentation for the Waterloo LFPP will be obtained by the City from the U.S. Army Corps of Engineers. The project is assumed to be a Clearly Certifiable System based on the U.S.Army Corps of Engineers Circular No. EC 1110-2-6067, and no additional design, geotechnical or structural analyses, or field work will be required. B. SCOPE OF SERVICES The Scope of Services for the Phase I Levee System Accreditation Services will encompass and include all detailed work,services, materials,equipment, personnel and supplies necessary to provide the data collection and review, levee elevation verification,levee certification field review,design criteria verification (including verification of design elevation, closure design, embankment protection, geotechnical analyses, structural analyses, electrical and mechanical review of pump stations, and interior drainage review), operation plans and criteria review, maintenance plan and history review, preparation of a Levee Certification Report (LCR) and project administration. It is anticipated all information for the design and construction of the LFPP is available from the U.S. Army Corps of Engineers. The Scope of Services for the Phase I Levee System Accreditation Services is further defined as follows: Phase I— Waterloo LFPP Levee System Accreditation 1. Data Collection and Review Tasks 1-10. These tasks include collection and review of existing data, including operation and maintenance manuals, existing engineering and design documents, existing construction records and as-built drawings, existing FEMA flood maps pertaining to the LFPP, existing AECOM Page 3 hydrologic and hydraulic models, existing inspection reports, existing flood fighting and maintenance reports, and a review of existing permits for utility crossings. A review of the existing information will assist in confirming that additional studies would not be required. The following identifies tasks leading to the completion of the data collection and review. Task 1 - Data Collection Task 2 - Review of Existing O&M Manuals Task 3 - Review of Existing Engineering and Design Documents Task 4 - Review of Existing Construction Records and As-Built Drawings Task 5 - Review of Existing FEMA Flood Maps Pertaining to LFPP Task 6 - Review of Existing Hydrologic and Hydraulic Models Task 7 - Review of Existing Inspection Reports Task 8 - Review of Existing Flood Fighting and Maintenance Reports Task 9 - Review Existing Permits for Utility Crossings Task 10 -Summary of Existing Documentation 2. Levee Elevation Verification Tasks 11-12. These tasks include a field survey of the top elevation of the existing levee system. The survey profile will be used in conjunction with the new City of Waterloo topographic data to verify the current levee profile in addition to providing a base map of the levee system. The following identifies tasks leading to the completion of the levee elevation verification. Task 11 -Survey of Top Elevation of LFPP Task 12 -Verification with City of Waterloo Mapping 3. Levee Certification Field Review Tasks 13-18. These tasks include a levee certification field review conducted by an appropriately staffed team comprised of the following disciplines: civil, hydraulics, geotechnical, structural and electrical/mechanical for pump station review. Field review forms will be developed for the levee system, and a field review summary report will be prepared. The following identifies tasks leading to the completion of the levee certification field review. Task 13 - Development of Field Review Form for Project Task 14-Civil and Hydraulic Discipline Task 15 - Geotechnical Discipline Task 16-Structural Discipline Task 17 - Electrical and Mechanical Discipline Task 18- Field Review Summary Report 4. Design Criteria Verification A. Verification of Design Elevation Tasks 19-22. These tasks include verifying the LFPP design elevations, including the required freeboard. Existing hydraulic models will be reviewed for stream reaches within the LFPP for the Cedar River, Black Hawk Creek, Virden Creek and Blowers Creek to verify the base flood elevation for the levee system. A hydrologic review of Page 4 existing data will also be reviewed as required to verify the 100-year discharge values. The risk and uncertainty analyses for the levee system, in addition to the freeboard requirements,will also be reviewed. The following tasks lead to the completion of the levee system design elevation review: Task 19- Review of Existing Hydraulic Models with Respect to LFPP—Profiles • Cedar River • Black Hawk Creek • Virden Creek • Blowers Creek Task 20 -Verification of Hydrologic Design Flows Based on Updated Record Task 21 - Review Risk and Uncertainty Analysis for Levee System Task 22 -Verification of Design Freeboard for LFPP B. Closure Design Verification Tasks 23-25. These tasks include verifying the closure structures used on the LFPP. This includes a review and update of the closure structures since the original construction of the levee system. Also included in these tasks is a review of the structural evaluation of the closure structures in addition to an operational analysis of the closure structures to demonstrate confidence that the closures can be placed into service, with materials being available, and the proper manpower and equipment to perform the required tasks. The following tasks lead to the completion of the levee system closure structure review: Task 23 -Verification of Current Closure Structures in LFPP System Task 24 -Verification of Design of Closure Structures Task 25 - Operational Analysis of Closure Structures C. Embankment Protection Tasks 26-27. These tasks include a review of the engineering analyses completed to demonstrate that no appreciable erosion of the levee embankment can be expected during the base flood event as a result of either currents or waves, and that the anticipated erosion will not result in failure of the levee embankment or foundation through reduction of the seepage path and subsequent instability. The following tasks lead to the completion of the LFPP embankment protection review: Task 26 -Verification of Levee Protection Due to Stream Current (Velocity) Erosion Task 27 -Verification of Levee Protection Due to Wave Induced Erosion D. Geotechnical Analyses Tasks 28-29. These tasks include a review of the engineering analyses evaluating the levee embankment stability. The analyses verify the expected seepage during loading conditions associated with the base flood event will not jeopardize the embankment or foundation stability. Also included in these tasks is a review of the settlement analyses to demonstrate that freeboard will be maintained. Embankment loads,compressibility Page 5 of embankment and foundation soils, and construction compaction methods will be reviewed. These tasks will be completed for both the earthen levee and Virden Creek dam embankment. The following tasks lead to the completion of the geotechnical analyses review: Task 28 - Embankment and Foundation Stability Task 29-Settlement Analyses E. Structural Analyses—Flood Walls Tasks 30-31. These tasks include a review of the design calculations developed for the wall sections of the LFPP. One typical monolith of each size range on the project will be reviewed. In addition, the structural stability analyses will be reviewed,including the developed factors of safety. The following tasks lead to the completion of the structural analyses review of the flood walls: Task 30 - Review of Design Calculations for Each Wall Section of Varying Height Task 31 - Review of Structural Stability Analyses—Develop Factors of Safety F. Electrical and Mechanical Review— Pump Stations Tasks 32-33. These tasks include a condition assessment of the components of the pump station, including the pump building, pumps, motors, power supply, enclosure panels, instruments, gates, piping and wet well. The tasks also include a verification of the original design assumptions. The following tasks lead to the completion of the electrical and mechanical review of the pump station: Task 32 - Condition Assessment of Components of Pump Stations Task 33-Verification with Original Design Assumptions G. Interior Drainage Review Tasks 34-35. These tasks include a review of calculations of the interior drainage from storm water from flood plains(tributaries)protected by the levee systems on the Cedar River and Black Hawk Creek. The analysis would be based on the joint probability of interior and exterior flooding and the capacity of facilities for evacuating the interior floodwaters. The following tasks lead to the completion of the interior drainage review: Task 34 - Interior Drainage System Review of Cedar River Task 35- Interior Drainage System Review of Black Hawk Creek 5. Operation Plans and Criteria Tasks 36-39. These tasks include verifying and updating the operation plans and criteria for the Cedar River, Black Hawk Creek,Virden Creek and Blowers Creek. This includes reviewing the formal plan of operation including specific actions and assignments of responsibility by individual name or title. The following tasks lead to the completion of verifying and updating the operation plans and criteria for the LFPP: Page 6 Task 36 - Update Cedar River Operation Plan Task 37 - Update Black Hawk Creek Operation Plan Task 38 - Update Vi-den Creek Operation Plan Task 39 - Update Blowers Creek Operation Plan 6. Maintenance Plans and History Tasks 40-43. These tasks include verifying the maintenance plans for each stream reach in the LFPP in addition to updating and documenting the history of inspections. The plan documents the formal procedure that ensures the stability, height and overall integrity of the LFPP are maintained. This includes reviewing the maintenance activities to be performed,the frequency of performance and the name or title of the person responsible for performance. The following tasks lead to the completion of the maintenance plan and history of inspection reviews: Task 40 - Update Cedar River Maintenance Plan and History of Inspections Task 41 - Update Black Hawk Creek Maintenance Plan and History of Inspections Task 42 - Update Virden Creek Maintenance Plan and History of Inspections Task 43 - Update Blowers Creek Maintenance Plan and History of Inspections 7. Certification Requirements Tasks 44-46. These tasks include a status summary to FEMA to be completed prior to June 10, 2009, to document progress toward obtaining the certification requirements. In addition,these tasks include a system evaluation that the LFPP functions as an integrated set of features and components to provide reasonable assurance that it will protect its associated flood plain from flooding with equal to or greater than 1 percent annual chance exceeding flooding. Levee tie-offs will be reviewed under these tasks. Finally, these tasks include the Levee Certification Report(LCR) to be submitted to FEMA prior to June 10, 2010. The LCR will be prepared to document and describe the basis for the certification determination for the LFPP and will include the following: • Table of Contents • System Description • References • Certification Team Members • Previous Certification Information (FIRM) • Overall Performance History(Operation and Maintenance Information) • Reviews Completed (Hydraulics and Hydrology) • Field Review Summary • Structural and Geotechnical Reviews • Electrical and Mechanical Reviews • System Evaluation and Associated Appendices The following tasks lead to the completion of the certification requirements: Task 44 -2009 Status Summary Task 45 - LFPP System Evaluation Task 46 - Levee Certification Report(LCR) Page 7 8. Project Administration and Meetings Tasks 47-48. These tasks include project meetings and project administration throughout the project development:. The following tasks lead to the completion of project administration during this phase of the project: Task 47- Project Meetings Task 48 - Project Administration Phase 11— Levee System Accreditation Services It has been assumed that all design information and construction review documentation for the Waterloo LFPP can be obtained from the U.S. Army Corps of Engineers. If partial or unavailable documentation exists to demonstrate the capability of the levee system to contain the 1 percent annual chance exceedence flood with the necessary assurance required by FEMA, Phase II Services would be required at additional expense to be determined at the time the additional services are needed. This may include additional geotechnical studies which could include field borings through levee sections, but are not limited to additional hydraulic studies, structural calculations or hydrologic evaluations. PART II CLIENTS 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 8 PART III COMPENSATION, BILLING, AND PAYMENT Client shall pay ATS for the Services in accordance with the following: A. COMPENSATION 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 an estimated fee of Three Hundred Twenty-Eight Thousand Dollars($328,000.00)and shall not be exceeded without authorization of the Client. B. BILLING AND PAYMENT ATS Tech 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\ADM I N\AGRE E\PROF\W aterlooLFPP.doc AECOM PART IV STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall be performed in accordance with the danger to the public health,safety or the environment. Client shall execute any standard of professional practice ordinarily exercised by the applicable manifests or forms in connection with transportation,storage and disposal of profession at the time and within the locality where the Services are performed. hazardous materials resulting from the site or work on the site or shall authorize Professional services are not subject to,and ATS can not provide,any warranty ATS to execute such documents as Client's agent. Client waives any claim or guarantee,express or implied,including warranties or guarantees contained in against ATS and agrees to defend,indemnify,and save ATS harmless from any any uniform commercial code. Any such warranties or guarantees contained in claim or liability for injury or loss arising from ATS's discovery of unanticipated any purchase orders, requisitions or notices to proceed issued by Client are hazardous materials or suspected hazardous materials. specifically objected to. 11. INDEMNITY.ATS agrees to defend, indemnify and save harmless the 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is Client, its agencies, agents, employees and assignees from all claims and based on facts known at the time of execution of this Agreement,including,if liabilities due to design error,omission or negligent act of ATS,its members, applicable, information supplied by Client. For some projects involving agents, stockholders or employees in connection with performance of this conceptual or process development services,scope may not be fully definable Agreement. during initial phases. As the Project progresses,facts discovered may indicate that scope must be redefined. 12. ACCESS. Client shall provide ATS safe access to any premises necessary for ATS to provide the Services. 3. SAFETY. ATS has established and maintains corporate programs and procedures for the safety of its employees. Unless specifically included as a 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other service to be provided under this Agreement,ATS specifically disclaims any deliverables,including electronic media,pertaining to the Project by Client for authority or responsibility for general job site safety and safety of persons other any purpose other than that for which such documents or deliverables were than ATS employees. originally prepared, or alteration of such documents or deliverables without written verification or adaptation by ATS for the specific purpose intended,shall 4. DELAYS. If events beyond the control of Client or ATS,including,but not be at the Client's risk. Further, all title blocks and the engineer's seal, if limited to,fire,flood,explosion,riot,strike,war,process shutdown,act of God or applicable, shall be removed if and when Client provides deliverables in the public enemy, and act or regulation of any government agency, result in electronic media to another entity. Client agrees that relevant analyses,findings delay to any schedule established in this Agreement,such schedule shall be and reports provided in electronic media shall also be provided in"hard copy" amended to the extent necessary to compensate for such delay. In the event and that the hard copy shall govern in the case of a discrepancy between the two such delay exceeds 60 days,ATS shall be entitled to an equitable adjustment in versions,and shall be held as the official set of drawings,as signed and sealed. compensation. 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 5. TERMINATION/SUSPENSION. Either party may terminate this Agreement as a result of this process,ATS shall be advised and the inconsistency shall be upon 30 days written notice to the other party. Client shall pay ATS for all corrected at no additional cost to Client. Following the expiration of this 30-day Services,including profit relating thereto,rendered prior to termination,plus any period,Client shall bear all responsibility for the care,custody and control of the expenses of termination. electronic media. In addition,Client represents that it shall retain the necessary mechanisms to read the electronic media,which Client acknowledges to be of In the event either party defaults in its obligations under this Agreement only limited duration. Client agrees to defend,indemnify,and hold harmless ATS (including Client's obligation to make the payments required hereunder),the non- from all claims,damages,and expenses,(including reasonable litigation costs), defaulting party may,after 7 days written notice stating its intention to suspend arising out of such reuse or alteration by Client or others acting through Client. 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 14.AMENDMENT.This Agreement,upon execution by both parties hereto,can such time limit and diligently continue, suspend performance under this be amended only by a written instrument signed by both parties. Agreement. 15. ASSIGNMENT. Except for assignments(a)to entities which control,or are 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs controlled by,the parties hereto or(b)resulting from operation of law,the rights prepared by ATS is supplied for the general guidance of the Client only. Since and obligations of this Agreement cannot be assigned by either party without ATS has no control over competitive bidding or market conditions,ATS cannot written permission of the other party.This Agreement shall be binding upon and guarantee the accuracy of such opinions as compared to contract bids or actual inure to the benefit of any permitted assigns. costs to Client. 16. STATUTES OF LIMITATION.To the fullest extent permitted by law,parties 7. RELATIONSHIP WITH CONTRACTORS. ATS shall serve as Client's agree that, except for claims for indemnification,the time period for bringing professional representative for the Services,and may make recommendations to claims under this Agreement shall expire one year after Project completion. Client concerning actions relating to Client's contractors,but ATS specifically disclaims any authority to director supervise the means,methods,techniques, 17. DISPUTE RESOLUTION. Parties shall attempt to settle disputes arising sequences or procedures of construction selected by Client's contractors. under this agreement by discussion between the parties senior representatives of management. If any dispute can not be resolved in this manner, within a 8. CONSTRUCTION REVIEW. For projects involving construction, Client reasonable length of time,parties agree to attempt non-binding mediation or any acknowledges that under generally accepted professional practice, other method of alternative dispute resolution prior to filing any legal interpretations of construction documents in the field are normally required,and proceedings. In the event any actions are brought to enforce this Agreement,the that performance of construction-related services by the design professional for prevailing party shall be entitled to collect its litigation costs from the other party. the project permits errors or omissions to be identified and corrected at comparatively low cost. Client agrees to hold ATS harmless from any claims 18. NO WAIVER. No waiver by either party of any default by the other party in resulting from performance of construction-related services by persons other the performance of any particular section of this Agreement shall invalidate any than ATS. other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 9. INSURANCE. ATS will maintain insurance coverage for Professional, Comprehensive General,Automobile,Worker's Compensation,and Employer's 19. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement, Liability in amounts in accordance with legal,and ATS's business requirements. nor the performance of the parties hereunder,is intended to benefit,nor shall Certificates evidencing such coverage will be provided to Client upon request. inure to the benefit of,any third party,including Client's contractors,if any. For projects involving construction, Client agrees to require its construction contractor,if any,to include ATS as an additional insured on its policies relating 20. SEVERABILITY. The various terms, provisions and covenants herein to the Project. ATS's coverages referenced above shall,in such case,be excess contained shall be deemed to be separate and severable,and the invalidity or over contractor's primary coverage. unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 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 21. AUTHORITY. The persons signing this Agreement warrant that they have agree that the discovery of unanticipated hazardous materials constitutes a the authority to sign as,or on behalf of,the party for whom they are signing. 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 L:\WORK\ADMIN\AGREE\SAVE\WaterlooTC.doc Dec 2008 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 �_ F