HomeMy WebLinkAboutAECOM-6/20/2016 6th St, 18th St and Ansborough Bridge RepairsAXOM
Ptease returfl this copy to:
City CIerk & FInaflCC Dept
715 Mulberrv St.
WaterIOO, IA 50703
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
"Nwaecorncorn
CITY OF WATERLOO
6TH STREET, 18m STREET AND ANSBOROUGH BRIDGE REPAIRS
PROFESSIONAL SERVICE AGREEMENT
This Agreement 15 made artd ontered by and between AECOM Technical Services, Inc., 501
Sycamore Street, Sulte 222, Waterloo, Iowa, hereinafter referred to as "ATS" and City of Waterloo, 715
Mulberry Street, Waterloo, Iowa, hereinafter reterred to as 'CLIENT."
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
foliows:
1. 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.
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 alI 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) Pertorm the Services in accordance with generally accepted professional engineering
standards in existence at the time of performance of the SeMces. 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 necessaiy to remedy such error at no
cost to CLIENT. Since ATS has no control over Iocal conditions, the cost of labor and
materials, or over competitive bidding and market 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, Iiabilities, responsibilities and remedies with respect to
the quality of Services, including claims alleging negligence, breach of warranty and
breach of contract, shall be exclusively those set forth herein.
(d) ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require
from all vendors and subcontractors from which ATS procures equipment, materials
or servicos for the project, guarantees with respect to such equipment, materials and
services. AII such guarantees shall be made available to CLIENT to the full extent of
the terms thereof. ATS's Iiability with respect to such equipment, and materials
obtained from vendors or services from subcontractors, shall be Iimited to procuring
guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose of enforcing the same.
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(e) ATS will be providing esfimates oI costs to the CLIENT covering an extended period
of time. ATS does not have control over any such costs, inoluding, but not Iimited to,
costs ot 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
estirnates, projections or opinions of probable project costs provided herein by ATS
are estimates only, made on the basis of ATS's experience and represerit ATS's
reasonablo 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.
111. CLIENT'S RESPONSIBILITIES
CLIENT shall at such times as may bo required for the successful and expeditious completion
of the Services;
(a) Provide aII 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.
lV. INDEMNIFICATION
ATS agreos to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, Ioss, Iiability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third 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 tho 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) Workors' Compensation and/or all other Social Insurance in accordance with the
statutory requirements ot the state having jurisdiction over ATS's employees who are
engaged in the Services, with Employor's Liability not Iess than One Hundred
Thousand Dollars ($1 00,000) each accident;
(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
Iiability insurance ineluding (owned, non -owned, or hired), each in a combined single
Iimit of One Million Dollars ($1 ,000,000) each occurrence for bodily injury and property
damage Iiability. 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
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negligence urider this Agreement and only to the extent of the insurance Iimits
specified herein.
(c) Professional Liability Insurance with Iimits af $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 Ilability 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 ot Services hereunder and annually thereaftor if required. ATS shall
provide prompt notice to the CLIENT in the event of cancellation, matorial 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 16 a not -to -exceed feo of Thirty -Two Thousand Five Hundred Dollars
($32,500.00).
ATS may bill the Client monthly for servicos completed at the time of billing. CLIENT agrees
to pay ATS the tull amount of such invoice within thirty (30) days after receipt thereof. In the
event CLIENT disputes any invoice ibm, CLIENT shall give ATS written notico ot such
disputed item within ten (10) days after receipt ot invoice and shall pay to ATS the undisputed
portion of the invoice according to the provisions hereot. CLIENT agrees to abide by any
applicable statutory prompt pay provisions currently in etfect.
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 turther Services under this Agreement
may be terminated by either party upon fourteen (14) days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through no
fault ot the terminating party, providing such defaulting party has not cured such tailure, or, in
the event of a non -monetary default, commencod reasonable actions to cure such tailure. In
either case, ATS will be paid tor aII exponses incurred and Services rendered to the date of the
termination in accordance with compensation terms of Article VI.
Vill. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, final project specitic calculations and other
instruments ot service which ATS preparos and delivers to CLIENT pursuant to this
Agreement shall become the property af CLIENT when ATS has been compensated
for Services rendered. CLIENT shall havo the right to use such instruments of service
solely for the purpose ot 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 Iiability or legal exposure to ATS and CLIENT agrees to release, defend and
hold ATS harmless from and against aII claims or suits asserted against ATS in the
event such documents are used for a purposo ditferent than originally prepared even
though such olaims or suits may be based on allegations of negligence by ATS.
Nothing contained in this paragraph shall be construed as limiting or depriving ATS of
its rights to use its basic knowledge and skiIls to design or carry out other projects or
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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 oriqinally 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 irispecting machinery, construction equipment and tools
used and employed by contractors and subcontractors on CLIENT's construction
projects and shall not have the right to stop or reject work without the thorough
evaluation and approval of the CLIENT. In no event shall ATS be Iiable for the acts or
omissions of CLIENT's construction contractors, subcontractors or any persons or
entities performing any of the construction work, or for the failure of any of them to
carry out construction work under contracts with CLIENT.
(b) In order that ATS may be fully protected against such third party claims, CLIENT
agrees to obtain and maintain for the benefit of ATS the same indemnities and
insurance benefits obtaind 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 setvants, employees, or agents of CLIENT.
XI. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and
Iiability for any and alI pre-existing contamination shall at all times remain with CLIENT. "Pre-
existing contamination" 5 any hazardous or toxic substance present at the site or sites
concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release,
defend, indemnify and hold ATS harmless from and against any and all Iiability which may in
any manner arise in any way directly or indirectly caused by such pre-existing contamination
except it such liability arises from ATS's sole negligence or willful misconduct.
CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage,
transportation, treatment and deliveiy for disposal of pre-existing contamination. CLIENT shall
be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the
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disposal tacility and/or Iransporter for any rosponsibility or Iiability 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 activitios including, but not Iimited to
generation, storage, handling, treatment, transportation, or disposal of pre-existing
contamination. In the event that ATS executes or completes any governmentally required
forms relating to regulated activities includirig but not Iirnited to storage, generation, treatment,
trarisportation, handling or disposal of hazardous or toxic rnaterials, 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, aII site Iocations, 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 Iiability 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 RESOLLJTION
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 tho 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 roquired before filing an action at Iaw or in equity.
However, prior to or during the negotiations or the mediation either party may initiate Iitigation
that would otherwise be barred by a statute of Iimitations, and ATS may pursue any property
Iiens or other rights it may have to obtain security 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, moditied, or amended except in writing signed by the parties hereto. In
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the event of any conflict between this contract document and any of the exhibits
hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the 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 othef 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; By: ",2 GV
Printed Name: Quentin Hart
Title: Mayor
Printed Name: Douglas W. Schindel, P.E
Title: Associate Vice President
Date: June 15, 2016
CITV OF WATERLOO
6TH STREET, 18TH STREET AND ANSBOROUGH BRIDGE REPAIRS
EXHIBIT A
A. PROJECT DESCRIPTION
This project ncludes nvestigation, final design and construction plan preparaflon for repairs to
the 61h Street (Bridge Report No. 43), 181h Street (Bridge Report No. 20) and Ansborough
(Bridge Report No. 17) bridges. The need for repairs for these bridges has increased over the
Iast year due to continued expansion jointlfloodway plate and utflity box deterioration, which
have required emergency temporary repairs to be completed on these structures. The
detailed field investigation will determine the extent of the repairs required. It is anticipated the
tinal construction plans will concentrate on the expansion joint, tloodwalF prate and utility box
repairs. Other repairs required, as determined in the detailed tield investigation, may need to
be phased in with future bridge rehabifltation projects.
8. SCOPE OF SERVICES
The Scope of Services tor the project will encompass and include services, materials,
equipment, personnel and supplies necessary to provide tield investigation, preparation of
construction plans and specifications and project administration for the repairs of the 6th Street,
l&' Street and Ansborough Bridge expansion joints, tloodwall plates and utility boxes. The
Scope of Services for the project is further defined below:
Detaied Fiefd Investigation and Data Goliection (Tasks 1-3)
The tollowing identifies tasks leading to the compflation of all needed existing conditions
required to design the 6th Street 18th Street and Ansborough Bridge expansion joint,
floodwall plate and utility box repairs.
Task 1 - Detailed Field Investigation
Task 2 - Initial Quantity Development from Field Review
Task 3 - Base Mappincj and PIan Sheet Development
Final Construction Plans and Specifications (Tasks 4-16)
These tasks include developing final construction plans and specifications for the Street,
18th Street and Ansborough Bridge expansion joint, tloodwatl piate and utility box repairs.
Included in these tasks will be the typical sections and details, tabulations and quantities,
1 inal plan sheets, detail sheets, traffic control details, quahty control review, construction cost
estimate and technical specitications. The foliowing specific tasks Iead to the completion ot
the tinal construction plans and specifications:
Task 4 - TitIe and Legend Sheets
Task 5 - TyicaI Sections and Details
Task 6 - Bid Items and General Notes
a. Bid Item and Ouantity Listing
b. Estimate Reference Information
c. General Notes
Task 7 - Tabulations and Quantities
Task 8 - PIan Sheets
Task 9 Detail Sheets
Task 10 - Traffic Control Sheets
Task 11 - Quakty Contro Review
Task 12 - Final Revisions
Task 13 - Construction Cost Estimate
Task 14 - Specifications
Task 15 - Printincj and Submittas
Task 16 - Field RQVIOW
ProjectAdministration, Coordfnation andMeetings (Tasks 17-19)
These tasks include projoct administration, coordination and meetings throughout the
project development. These tasks also include pre-Ietting activities and general projoct
administration. The foliowing identifies tasks leading to tho completion of project
administration, meetings and coordination during the design phase of the project.
Task 17 - Proiect Meetinqs
Task 18 - Pre-Lettincj Activities
Task 19 - ProlectAdministration
Phase 111 - Construction -Related Services
The scope of construction -related services will be determined at the time the services are
needed and defined under a future amendrnent. Construction -related services include
construction staking, on-site field review, materials testing, contract administration during
construction and right-of-way staking.
O:\Administration\AGflEE\PROF\Wat Gthstr 1 Bth Str Arisb Bridge Repairs.doc