HomeMy WebLinkAboutAECOM_-_FY26_Airport_Fence_Relocation,_Cont._No._1133_-_7.7.2025 Docusign Envelope ID: 18F31CF0-19E7-46F2-ACC6-6D9E65F337B4
AECOM 319-232-6531 tel
PECOM
501 Sycamore Street 319-232-0271fax
Suite 222
Waterloo,Iowa 50703
www.aecom.com
AIRPORT FENCE RELOCATION
CITY CONTRACT NO. 1133
CITY OF WATERLOO, IOWA
CONSTRUCTION-RELATED SERVICES (CRS)
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
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 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 Liability including third party Bodily Injury and Property Damage
Liability and Contractual Liability insurance in a limit of One Million Dollars
($1,000,000)each occurrence and in the aggregate.
(c) Business Auto Liability Insurance (owned, non-owned or hired) in a combined single
limit of One Million Dollars ($1,000,000).
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ATS agrees to include CLIENT as Additional Insured on the Commercial General
Liability and Business Auto Liability policies, but only to the extent of ATS's
negligence under this agreement and only to the extent of the insurance limits
specified herein.
(d) 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 Thousand Nine Hundred Dollars
($80,900.00) and will not be exceeded without authorization from the Client.
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. Nothing contained in this paragraph shall be
construed as limiting or depriving ATS of its rights to use its basic knowledge and
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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.
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
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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
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.
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(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 TECHNICAL
SERVICES, INC.
DocuSigned by:
By: By.
Printed Name: Quentin Hart Printed Name: Michelle M. Sweeney, PE, PTOE
Title: Mayor Title: Associate Vice President
Date: 7/7/2025 Date: July 2, 2025
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AIRPORT FENCE RELOCATION
CITY CONTRACT NO. 1133
CITY OF WATERLOO, IOWA
SCOPE OF SERVICES
I. Project Description
The project is described as the relocation of airport perimeter fence, removal of abandoned
airfield pavements and site grading west of Runway 18/36 at the Waterloo Regional Airport,
Waterloo, Iowa.
II. Scope of Services
The work to be performed by the Consultant shall encompass and include work, services,
materials, equipment and supplies necessary to provide construction-related services. The
design phase has been completed, and the project is currently in the bid phase. The
construction-related services shall be divided into the following tasks:
A. Construction Phase
1. Pre-Construction Conferences. This task consists of preparation of meeting
agenda, attending and conducting a pre-construction conference for the project
with representatives of the Contractor, City, Consultant, and affected utilities,
preparing meeting minutes and distribution to meeting attendees and critical
organizations not represented at the meeting. Pre-construction conference will be
attended by the Project Manager, Construction Engineer and the Resident Project
Representative.
2. Construction Surveying. This task consists of establishing alignment for the
relocated fence and temporary construction fence for the project.
3. Shop Drawings and Submittals. This task consists of reviewing the following
shop drawings and other submittals from the Contractor as required by the contract
documents for conformance with the design concept of the project and compliance
with the information given in the contract documents.
a. Contractor's Safety Plan Compliance Document(SPCD)
b. Chain Link Fence and Gate
c. Concrete for Fence Foundations
4. Construction Assistance. This task consists of answering design interpretation
questions from the City, Contractor, review staff and appropriate agencies.
5. Pay Applications and Reimbursement Forms. This task consists of preparing
and processing monthly applications for payment to the Contractor and forwarding
to the City for execution with recommendations for approval and payment.
6. Engineer Site Visits. This task consists of the Project Manager and/or Engineer
conducting a total of three (3) periodic site visits to the construction site by design
personnel at appropriate stages of construction to observe the progress, safety and
quality of the construction. The Engineer's representative will meet with the
representatives of the City and the Consultant to discuss the project's progress and
to identify areas of concern to facilitate the construction. For each Engineer site
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visit, a detailed site visit memo shall be prepared summarizing the visit and
submitted to the City. These site visits are separate from construction observation.
7. Change Orders. This task consists of coordinating with the City and Contractor in
preparing and processing contract change orders. Change orders will be submitted
to FAA for review and approval prior to their execution.
8. Construction Observation. This task consists of providing full-time field
observation during construction to review the work of the Contractor to determine if
the work is preceding in general accordance with the contract documents, that
completed work appears to conform to the contract documents and contractor is
observing airport safety requirements. Construction observation is based on
providing one full-time, on-site resident project representative for ten (10) hours per
day for the full construction contract time of forty (40) calendar days.
9. Weekly Construction Meetings. This task consists of meeting with the airport
staff, tenants, and the Contractor for five (5) weekly progress meetings throughout
the construction phase of the project. The meeting is to discuss project status,
safety, operations, construction issues and upcoming construction schedule.
10. Non-Compliance Reporting. This task consists of reporting to the City any work
believed to be unsatisfactory, faulty or defective or does not conform to the contract
documents and advising the City of any work that should be corrected or rejected.
11. Contractor Modifications. This task consists of reviewing, evaluating and making
recommendations to the City and FAA for consideration on suggestions for
modifications that have been proposed by the Contractor.
12. Project Files. This task consists of maintaining files for correspondence, reports of
the job conferences, shop drawings, and sample submissions, reproductions of
original contract documents including addenda, change orders, field modifications,
additional drawings issued subsequent to the execution of the contract, Engineer
clarifications and interpretations of the contract documents, progress reports and
other project-related documents.
13. Daily Reports. This task consists of the resident project representative keeping a
diary, logbook or report for those times on site, recording hours on the job site;
weather conditions; data relative to questions of extras or deductions; list of visiting
officials and representatives of manufacturers, fabricators, suppliers and
distributors; activities; decisions, observations in general and specific observations
in more detail when necessary, as in the case of observing test procedures. As
part of this task, weekly construction progress and inspection reports will be
prepared and submitted to the City.
14. Punch List. This task consists of conducting a review of the project near
completion and preparing a list of items, Punch List, to be completed or corrected.
15. Final Review. This task consists of performing a field observation of the
completed project before a final application for payment is processed for the
Contractor.
16. Project Closeout. This task consists of assisting the City with project completion
and final closeout documentation from the Contractor.
a. Final Project Cost Summary
b. Final Construction Report
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1) Final Inspection Report/Record of Completion
2) Contractor's Final Statement of Completion
3) Project Photographs
c. As-Built Record Drawings
17. Record Drawings. This task consists of providing the City with a copy of Record
Drawings of the construction plans for the project based on the construction
observation records of the review staff and Contractor showing those changes
made during construction considered significant.
18. Construction Administration. This task consists of construction administration
and coordination with the City, Waterloo Regional Airport, and FAA for the project.
Interoffice meetings, general day-to-day administrative responsibilities, and typing
of interoffice memoranda and minutes of meetings are included in this task.
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