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HomeMy WebLinkAboutAECOM-Professional Services Agreement-04.06.2009 t -D ! AECOM a'114/ (-/ -49 AECOM a v 501 Sycamore Street,Suite 222,Waterloo, Iowa 50703 • T 319.232.6531 F 319.232.0271 www.aecom.com PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Dry Run Creek Arch Review and Final Plans and Specifications for Arch Gate Repair 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 FOR ATS By �r- By: o`f Printed Name i rn Printed ame Joe Becker Title 4.yD ' Title Vice President Date 41- ‘ '6 9 Date March 30, 2009 Page 2 PART I ATS'S RESPONSIBILITIES A. PROJECT DESCRIPTION This project consists of a review of several components of the Dry Run Creek Arch extending from the Liberty Park Detention Basin to the outlet of the Arch at the Cedar River. The study portion of the project will review some of the issues noted during the flood of 2008 from both the sanitary and storm sewer system components of the Arch. Sanitary sewer items which will be reviewed include the condition of the existing sanitary sewer overflow connections to the Arch and any recommendations to improve the existing connections. The sanitary sewer system review will also investigate existing infiltration problems within the Arch and make associated recommendations to improve the infiltration issues. The storm sewer items that will be reviewed in the study include the following items: • A field review of the existing gatewell closure structures connected to the Arch. • Review of gatewell structure repairs and alternative gate types. • A review of the hydraulics of the existing 6th Street Pump Station and associated recommendations to improve the pumping capacity at the pump station. • A review of the piping network from the Arch to the pump station. A summary report will be prepared summarizing the sanitary and storm sewer recommendations which will include estimated construction costs for the repairs. Finally, the project will include construction plans, specifications and estimate of construction costs for the repair of the main gate of the Arch at the outlet. Services to be provided under this agreement will be divided into two phases. The first phase will include the Dry Run Creek Arch Sanitary and Storm Sewer review and preparation of plans and specifications for repairs to the Arch gate for a City of Waterloo letting. The second phase will include construction-related services, which will be determined at the time the services are needed. B. SCOPE OF SERVICES The Scope of Services for Phase I Design Services will encompass and include all detailed work, services, materials, equipment, personnel and supplies necessary to provide a review of the sanitary and storm sewer components of the Dry Run Creek Arch, as noted, completion of a summary report with construction repair estimates,final design and specifications for the Arch gate repairs,and project administration. The Scope of Services for Phase I Design Services is further defined as follows: Dry Run Creek Arch Sanitary Sewer Review Tasks 1-2. These tasks include a review of the sanitary sewer overflow connections to the Dry Run Creek Arch. The overflow connections will be reviewed in the field and recommendations will be made to improve the overflow connections to the Arch. The sanitary sewer review will also investigate and make appropriate recommendations to reduce the infiltration problems occurring in the Dry Run Creek Arch. The following tasks lead to the completion of the sanitary sewer component of the Dry Run Creek Arch Review. AECOM Page 3 Task 1 — Review Improving Sanitary Sewer Overflow Connections to Arch Task 2— Review Infiltration Problems in Arch Dry Run Creek Arch Storm Sewer Review Tasks 3-4. These tasks include a review of the storm sewer gate closure structures outletting into the Dry Run Creek Arch. A field review of the gatewell structures will be completed and recommendations for repairs of the individual gate structures will be made. The following tasks lead to the completion of the storm sewer gate reviews outletting to the Arch. Task 3 - Field Review Gate Closure Structures (14) Task 4 - Develop Arch Gatewell Recommendations Dry Run Creek Arch and Pump Station Hydraulic Review and Summary Report Tasks 5-9. These tasks include a review of the Arch Outlet Gate at the Cedar River. A field review will be completed and initial recommendations will be made for gate repairs. These tasks also include completing a hydraulic review of the 6th Street Pump Station and recommendations to improve the hydraulic capacity of the pump station. These tasks will include a review of the piping network from the Arch to the pump station, in addition to the storm sewer connections in the adjacent bank parking lot. Finally, these tasks include a summary report outlining both sanitary and storm sewer recommendations and estimated construction costs for recommended repairs. The following identifies tasks leading to the completion of the Dry Run Creek Arch and Pump Station Hydraulic Review and Summary Report. Task 5— Review Arch Gate and Estimate for Repairs Task 6—Complete Hydraulic Review of 6th Street Pump Station Task 7—Review Piping Network to Pump Station Task 8— Review Bank Parking Lot Storm Sewer Task 9—Summary Report with Cost Estimate for Repairs Preparation of Plans and Specifications for Arch Gate Repairs Tasks 10-12. These tasks include developing final construction plans and specifications for repairs to the Arch Gate in a format suitable for a City of Waterloo letting. These tasks also include developing an engineer's estimate of probable construction costs for the project. The following identifies tasks leading to the completion of the preparation of plans and specifications for the Arch Gate Repairs. Task 10— Final Design of Recommended Gate Repairs Task 11 — Plan Development and Details Task 12—Project Specifications Project Administration and Meetings Tasks 13-14. These tasks include project administration, coordination and meetings throughout the project development. It is anticipated two(2)project meetings will be held with the City throughout the A1COM Page 4 project development. The following identifies tasks leading to the completion of the project administration, coordination and meetings for the project. Task 13— Project Meetings Task 14—Project Administration Phase 11-Final Design The scope of final design services for additional recommended improvements will be determined at the time the services are needed and defined under a future amendment to this agreement. Phase III— Construction-Related Services The scope of construction-re ated 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 and contract administration during construction. C. SCHEDULE A draft of the summary report for the Dry Run Creek Arch review will be submitted for review to City staff by July 1, 2009. Depending on recommendations for the Arch gate repairs, it is anticipated plans and specifications for this project would be completed to allow for a City of Waterloo letting in August, 2009, if funding is available. 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. AEt:OM Page 5 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 Fifty-Seven Thousand Dollars ($57,000.00)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\ADMI N\AGREE\PROF\DryRunArchReview.doc =?E C M 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 direct or 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:\WORIMDMINWGREE\SAVE\WaterIooTC.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