HomeMy WebLinkAboutAECOM-Professional Services Agreement-07.06.2009 AECOM
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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: Repairs to Cedar Prairie Trail Bridge Over Black Hawk Creek
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 AECOM TECHNICAL SERVICES, INC.
t�—
By By
Printed Name I Or\ r re Printed Na Joe Becker
Title a.yp t Title Vice President
Date 7- (D" D Date July 1, 2009
Page 2
PART I
ATS'S RESPONSIBILITIES
A. PROJECT DESCRIPTION
The project consists of repairs to the Cedar Prairie Trail Bridge over Black Hawk Creek. The
bridge is approximately 235 feet in length and consists of approximately 18 wooden pile groups at
12-15 feet spacing.
The bridge is an abandoned Chicago and Northwestern Railroad structure which was modified in
the late 1990s to be used as a crossing over Black Hawk Creek for the Cedar Prairie Recreational
Trail.
The 2008 flooding has damaged several of the pile groups in addition to scour occurring below
both abutments. The floods also caused a large amount of debris to collect on the upstream side
of the structure. This project will consist of repairs to the pile groups, scour protection at the
abutments and removal of the debris on the upstream side of the bridge.
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 supplemental survey,
temporary construction easement, structural review and concept evaluation, preparation of final
construction plans and specifications, construction cost estimates, permitting and project
administration. It is anticipated this project would be let as one construction contract through a City
of Waterloo letting that would include bridge repair work and debris removal. The Scope of
Services for Phase I Design Services is further defined as follows:
Phase I- Design Services
Survey and Base Mapping/Permanent Easement Description
Task 1 - Supplemental Desicin Survey. The project will utilize the City of Waterloo mapping for the
base mapping of the project. This task will allow supplemental survey to collect supplemental
design information required for the bridge repairs.
Task 2 — Permanent Easement Description. This task includes preparation of one permanent
easement description required to allow contractor access to site.
Structural Review and Concept Evaluation
Tasks 3 - 7. These tasks include the structural review of the damaged pile groups and the bridge
abutments. These tasks will include a field review at the project site to document damages to the
structure by the flood event. These tasks also include work necessary to complete an evaluation of
the pile groups, bridge abutments, existing span review, construction access plan and the
preliminary design of the proposed improvements.
Task 3 - Field Review.
Task 4 -Structural Component Evaluation —Pile Groups, Abutment Review.
Task 5 - Bridge Structural Evaluation — Review Required Spans.
AECOM
Page 3
Task 6-Construction Access Plan.
Task 7 - Preliminary Design of Proposed Improvements.
Final Construction Plans and Specifications
Task 8 - 18. These tasks include developing final construction plans and specifications for the
Cedar Prairie Bridge Repairs. These tasks will include work necessary to complete the bridge
repairs, debris removal and specifications for the improvements. Included in these tasks will be the
typical sections, tabulations and quantities, final plan and elevation sheets, structural details, debris
removal plan, 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 for a City of Waterloo letting. The following specific tasks lead to the completion of the
bridge repairs and debris removal for the project.
Task 8 -Title and Legend Sheets.
Task 9 -Typical Sections and Details.
Task 10 - Bid Items, Estimate Reference Notes and General Notes.
Task 11 -Tabulations and Quantities.
Task 12 - Plan and Elevation Sheets.
Task 13 - Geometric Layout Sheets.
Task 14 - Pollution Prevention Plan.
Task 15- Debris Removal Plan and Notes.
Task 16 - Construction Cost Estimate.
Task 17 -Specifications.
Task 18 - Field Review.
Project Administration, Permitting and Meetings
Tasks 19 - 21. These tasks include project administration, permitting and meetings throughout the
project development. Permitting for the project is anticipated to include a nationwide 404 Permit
from the U.S. Army Corps of Engineers and a flood plain permit from the Iowa Department of
Natural Resources. These tasks also include pre-letting activities and general project
administration. The following identifies tasks leading to the completion of project administration,
meetings and coordination during the design phase of the project.
Task 19 - Project Meetings.
Task 20 - Permitting.
Task 21 - Project Administration.
Phase 11- 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 and contract administration during
construction.
Page 4
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) recessary 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.
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 Twenty-Three Thousand Five Hundred Dollars ($23,500.00) 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 30 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 NWGREE\PROF\WatCedarPrairieTrailBridgeRepairs.doc
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 profession manifests or forms in connection with transportation, storage and disposal of
at the time and within the locality where the Services are performed. Professional hazardous materials resulting from the site or work on the site or shall authorize
services are not subject to,and ATS can not provide,any warranty or guarantee, ATS to execute such documents as Client's agent. Client waives any claim against
express or implied,including warranties or guarantees contained in any uniform ATS and agrees to defend,indemnify,and save ATS harmless from any claim or
commercial code. Any such warranties or guarantees contained in any purchase liability for injury or loss arising from ATS's discovery of unanticipated hazardous
orders,requisitions or notices to proceed issued by Client are specifically objected materials or suspected hazardous materials.
to.
11. INDEMNITY.ATS agrees to defend,indemnify and save harmless the Client,
2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is its agencies,agents,employees and assignees from all claims and liabilities due to
based on facts known at the time of execution of this Agreement, including, if design error,omission or negligent act of ATS,its members,agents,stockholders
applicable,information supplied by Client. For some projects involving conceptual or employees in connection with performance of this Agreement.
or process development services,scope may not be fully definable during initial
phases.As the Project progresses,facts discovered may indicate that scope must
be redefined. 12.ACCESS. Client shall provide ATS safe access to any premises necessaryfor
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 any
authority or responsibility for general job site safety and safety of persons other purpose other than that for which such documents or deliverables were originally
than ATS employees. prepared, or alteration of such documents or deliverables without written
verification or adaptation by ATS for the specific purpose intended,shall be at the
4. DELAYS. If events beyond the control of Client or ATS, including, but not Client's risk. Further,all title blocks and the engineer's seal,if applicable,shall be
limited to,fire,flood,explosion,riot,strike,war,process shutdown,act of God or removed if and when Client provides deliverables in electronic media to another
the public enemy,and act or regulation of any government agency,result in delay entity. Client agrees that relevant analyses, findings and reports provided in
to any schedule established in this Agreement,such schedule shall be amended to electronic media shall also be provided in"hard copy"and that the hard copy shall
the extent necessary to compensate for such delay. In the event such delay govern in the case of a discrepancy between the two versions,and shall be held as
exceeds 60 days, ATS shall be entitled to an equitable adjustment in the official set of drawings,as signed and sealed. Client shall be afforded a period
compensation. of 30 days in which to check the hard copy against the electronic media. In the
event that any error or inconsistency is found as a result of this process,ATS shall
5. TERMINATION/SUSPENSION. Either party may terminate this Agreement be advised and the inconsistency shall be corrected at no additional cost to Client.
upon 30 days written notice to the other party. Client shall pay ATS for all Following the expiration of this 30-day period,Client shall bear all responsibility for
Services,including profit relating thereto,rendered prior to termination,plus any the care,custody and control of the electronic media. In addition,Client represents
expenses of termination. that it shall retain the necessary mechanisms to read the electronic media,which
Client acknowledges to be of only limited duration. Client agrees to defend,
In the event either party defaults in its obligations under this Agreement(including indemnify, and hold harmless ATS from all claims, damages, and expenses,
Client's obligation to make the payments required hereunder),the non-defaulting (including reasonable litigation costs),arising out of such reuse or alteration by
party may,after 7 days written notice stating its intention to suspend performance Client or others acting through Client.
under the Agreement if cure of such default is not commenced and diligently
continued,and failure of the defaulting party to commence cure within such time 14. AMENDMENT. This Agreement,upon execution by both parties hereto,can
limit and diligently continue,suspend performance under this Agreement. be amended only by a written instrument signed by both parties.
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 claims
professional representative for the Services,and may make recommendations to 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,interpretations other method of alternative dispute resolution prior to filing any legal proceedings.
of construction documents in the field are normally required,and that performance In the event any actions are brought to enforce this Agreement,the prevailing party
of construction-related services by the design professional for the project permits shall be entitled to collect its litigation costs from the other party.
errors or omissions to be identified and corrected at comparatively low cost. Client
agrees to hold ATS harmless from any claims resulting from performance of 18. NO WAIVER. No waiver by either party of any default by the other party in the
construction-related services by persons other than ATS. performance of any particular section of this Agreement shall invalidate any other
section of this Agreement or operate as a waiver of any future default,whether like
or different in character.
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,nor
Liability in amounts in accordance with legal,and ATS's business requirements. the performance of the parties hereunder,is intended to benefit,nor shall inure to
Certificates evidencing such coverage will be provided to Client upon request. For the benefit of,any third party,including Client's contractors,if any.
projects involving construction,Client agrees to require its construction contractor,
if any,to include ATS as an additional insured on its policies relating to the Project. 20. SEVERABILITY. The various terms, provisions and covenants herein
ATS's coverages referenced above shall, in such case, be excess over contained shall be deemed to be separate and severable,and the invalidity or
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 the
agree that the discovery of unanticipated hazardous materials constitutes a 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 acknowledges L:\WORK\ADMINWGREE\SAVE\WaterlooTC.doc Dec 2008
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