HomeMy WebLinkAboutAECOM-5/2/2016 FY17 Phase III CIPP Lining and Remedial Actions ProjectAXOM
AECOM 319-232-6531 tel
501 Sycamore Sirset 319-232-0271 fax
Sufte 222
Waterloo, Iowa 50703
W.aecom .com
SANITARY SEWER IMPROVEMENTS
FY 2017 PHASE 111 CIPP LINING AND REMEDIAL ACTIONS PROJECT
DESIGN SERVICES
CITY OF WATERLOO, IOWA
PROFESSIONAL SERVICE AGREEMENT
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,
Iowa, hereinalter referred to as CLIENT."
IN CONSIDERATION of the covenants hereinafter set torth, the parties hereto mutually agree as
foliows:
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.
11. 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 whorn CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions wili 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 mutualiy
agreed upon, except tor reasons beyond ts controi.
(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 toliowing the completion of Servlces, it is shown that there is an error in
the Services solely as a result ot ATS's tailure to meet these standards, ATS shail re-
pertorni such substandard Services as may be necessary to remedy such error at no
cost to CLIENT. Since ATS has no control over Iocal conditions, the cost of iabor and
materiais, 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 quaiity of Services, including claims alieging negligence, breach of warranty and
breach ot contract, shall be exclusively those set torth hereh,.
(d) ATS shali, 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
servlces. All such guarantees shall be made availabie to CLIENT to the tuli 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 entorcing 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 Iimited 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. Aocordingly, 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 qualilied professional. ATS does not guaranty that
proposals, bids or actual project oosts 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 be required for the successful and expeditious completion
of the Services;
(a) Provide all eriteria 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 behalt 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 ot
such other services in pertorming its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, Ioss, Iiability or costs (including, without Iimitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third party
property 1 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 pertormance of the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, ATS shall maintain standard
insurance polieles 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 Employers Liability not Iess than One Hundred
Thousand Dollars ($100,000) eaoh accident;
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(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
Iiability insurance including (owned, non -owned, or hired), each in a cornbined single
limit of One MilIlon 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 01 ATSs
negligence under this Agreement and only to the extent oI the insurance Iimits
specified herein.
(0) Prolessional Liability Insurance with Iimits of $1,000,000 per claim and in the
aggregate covering ATS against aII sums which ATS may become Iegally obligated to
pay on account ot any professional Iiability arising out of the performance ot this
Agreement.
ATS agrees to provide CLIENT with certificates ol insurance evidencing the above described
coverage prior to the start ot Services hereunder and annually thereafter if required. ATS shall
provide prompt notice to the CLIENT in the event ot 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 etfect at the time the services are performed. Total
compensation for the services is a not to exceed fee of Eighty -Five Thousand Five Hundred
Dollars ($85,500.00).
ATS may bill the CLIENT monthly tor services completed at the time of bilhng. CLIENT
agrees to pay ATS the full amount 01 such invoice within thirty (30) days after receipt thereof.
In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice ot such
disputed item within ten (10) days atter receipt ot invoice and shall pay to ATS the undisputed
portion 01 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 tourteen (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 01
substantial tailure 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 ot a non -monetary default, commenced reasonable actions to cure such tailure. In
either case, ATS wilI be paid tor 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, tinal project specific calculations and other
instruments 01 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 ot service
solely tor 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 Iiability or Iegal exposure to ATS and CLIENT agrees to release, detend and
hold ATS harmless from and against all claims or suits asserted against ATS in the
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event such documents are used tor a purpose ditferent than originally prepared even
though such claims or suits may be based on allegations at 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 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 tiles 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 ot these tiles with any other system or software.
Because of the potential degradation of electronic medium over time, in the event ot a
contlict 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 ot and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or tor 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 tor the supervision ot CLIENT's construction
contractors, subcontractors or ot any of their employees, agents and representatives
of such contractors; or tor 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 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 ot any of them to
carry out construction work under contracts with CLIENT.
(b) In order that ATS may be tully protected against such third party claims, CLIENT
agrees to obtain and maintain for the benefit of ATS the same indemnities and
insurance benetits obtained for the protection of the CLIENT trom any contractor or
subcontractor working on the project and shall obtain from that
contractorlsubcontractor 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
herounder. 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
Iiability 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, indemnity and hold ATS harmless from and against any and alI Iiability which may in
any manner arise in any way directly or indirectly caused by such pre-existing contamination
except if such Iiability arises from ATS's sole negligence or willful misconduct.
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CLIENT shall, at CLIENT's sole expense and risk, arrange tor handling, storage,
transportation, treatment and delivery tor disposal ot pre-existing contamination. CLIENT shall
be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the
disposal facility and/or transporter tor any responsibility or Ilability arising from improper
disposal or transportation ot 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 preexisting contamination. CLIENT shall complete and execute
any governmentally required forms relating to regulated activities including, but not Iimited to
generation, storage, handllng, 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 Iimited 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 01 the contractors to perform such services, all site Iocations, and provide
ATS with all necessary information regarding the presence ot underground hazards, utilities,
structures and conditions at the site.
XII. LIMITATION OF LIABILITV
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, otficers, or
directors to any personal legal exposure for the risks associated with this project.
XIU. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach ot this Agreement and 11 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. It the parties are unable
to resolve their difterences within 10 days ot the receipt ot such notice, such dispute shall be
submitted tor mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in ettect. The deadline for
submitting the dispute to mediation can be changed 1 the parties mutually agree in writing to
extend the time between receipt ot notice and submission to mediation. The expenses ot 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 betore filing an action at Iaw 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 ot Iimitations, and ATS may pursue any property
Iiens or other rights it may have to obtain security tor 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 ot the parties and may not
be changed, modified, or amended except in writing signed by the parties hereto. In
the event ot any contlict between this contract document and any of the exhibits
hereto, the terms and provisions ot this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the Iatest date shall control.
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(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 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.
By: By:
Printed Name: Quentin Hart Printed Name: Douglas W. Schindel
Title: Mayor Title: Associate Vice President
S
Date: Z/1 , Date: April 29 2016
SANITARY SEWER IMPROVEMENTS
FY 2017 PHASE 111 CIPP LINING AND REMEDIAL ACTIONS PROJECT
OESIGN SERVICES
CITY OF WATERLOO, IOWA
EXHIBIT A
A. PROJECT DESCRIPTION
This project consists of coordinating with the City to gather remainirig existing sanitary sewer
condition information in Service Areas 15 and 16 and moving onto Service Area 19 forthe design
ot Cured -in -Place Pipe (CIPP) lining and manhole rehabilitations. There are also pipe segments
throughout the city that have deteriorated past the point of CIPP. These segments will be
excavated and the pipe will be replaced. The project will be designed tor approximately $2M ot
construction work.
The City would like to obtain State Revolving Fund (SRF) loan tor the construction of this project.
Obtaining the loan is a multi -step process that requires the input ot the City, Iowa Department of
Natural Resources (Iowa DNR) and the design engineer. Each entity has various responsibilities
at various stages of the oan acquisition process. ATS will provide engineering assistance to the
City for meeting the requirements of the SRF process.
B. SCOPE OF SERVICES
The Scope ot Services will include detailed work, materials, equipment, personnel and supplies
necessary to provide design, engineering assistance tor SRF process and bidding services tor this
project. The Scope of Services is turther detined as toliows:
Design Services
Task 1 - Kickoft Meetinq. Conduct a project kickoff meeting with WPCF statf to review project
Scope of Services, objectives and goals.
Task 2 - Existiricj Condition Assessment. Assist the City in coordinating the gathering of the
existing sanitary sewer and manhole conditions for the remaining pipe segments after Phases 1
and 11 in Service Area 16. Assist the City in coordinating the gathering of existing sanitary sewer
and manhole conditions for the pipe segments in Service Area 19 potentially related to sanitary
sewer overtlows in that area. The City will rate all the segments and manholes and pass that
information to ATS tor use in the design of this project. ATS will update the current tabulations
with this information.
Task 3 - Remedial Action Desiqn. ATS and the City will use the current remedial action tabulation
intormation, beginning in Service Areas 15 and 16, to identitythe segments to be inciuded in the
design ot Phase 111. The ATS design will include a Iocation map, pipe depth, size and Iength, and
excavation area restoration. ATS will produce plans, specifications and a construction cost
estimate for this part 01 the project to be included in the construction documents.
Task 4 - CIPP and Manhole Rehabilitation Desicjn. ATS will use the intormation gathered in
Task 2 to design the CIPP and manhole rehabilitation work. This work, plus the remedial action
work, will be estimated up to the $2M construction budget using construction costs gathered trom
Phases 1 and 11 and contractor consultation. ATS will produce plans, specifications and a
construction cost estimate for this part ot the project to be included in the construction documents
(See Task 6).
Task 5 - SRF Project Initiation Items. ATS will submit a work record request to the Iowa DNR to
establish the project as one rriarked tor SF1F tunding. ATS will participate in the Project Initiation
Meeting with the City and the Iowa DNR. This inoludes preparing preliminary project design
intormation to present at the meeting and to answer any technical questions as related to the
project.
Task 6 - Facilitv PIan Preparation. ATS will prepare a tacility plan tor the project per requirements
ot Iowa Wastewater Facilities Design Standards, Chapter 11, Section 11.2, as required tor the
SF1F process.
Task 7 - Intended Use PIan (IUP) Application Preraration and PubIic Hearinq. ATS will prepare
IUP Application required tor SF1F. The Environmental Checklist and Associated Items will also be
prepared to assist the Iowa DNR with an environmental review. ATS will participate in the public
hearing for the project and help answer any concerns from the public regarding the project.
Task 8 - Construction Plans and Project Manual. ATS will produce plans and project manual
necessary to receive competitive bids to construct the project.
Task 9 - Iowa DNR Wastewater Construction Permit Application. ATS will prepare an Iowa DNR
Wastewater Construction Permit Application for the project.
Task 10 - Estimate ot Probable Costs. ATS will prepare an estimate ot probable costs based on
the contract documents.
Bidding Services
Task 11 - Preparation and Distribution of Contract Documents. Prepare contract document sets
for distribution to plan houses and potential bidders. Prepare five sets ot paper copies 01 the
contract documents tor WPCF statt.
Task 12 - Respond to Bidders Questions. Respond to questions that bidders may have regarding
the project. Prepare addenda as needed tor project.
Task 13- Attend Bid Openinq. Attend bid opening, review bids, prepare bid tabulation and make
recommendation to the City.
Project Administration and Meetings
Task 14 Administration and Meetincjs. ATS witi administer and coordinate project activities and
Iiaise between the WPCF statt, ATS and regulatory agencies. Two rneetings are anticipated with
the WPCF staff specitic to this project.
Construction -Related Services
The scope ot construction -related services will be completed at the time the services are needed
and detined under a future amendment to this agreement. Construction -related services include
on-site field review, materials testing and contract administration during construction.
Not Included in the Scope of Services
The foliowing are EXCLUDED froni this Scope of Services. These services may be included, if
requested, as part of an amendment to this scope:
1. Sponsored Project Documentation: The City may be interested in pursuing water
resource restoration sponsored projects" that may be tied to the priniary SRF project.
This scope does not include coordination to pursue these projects.
2. The Iowa DNR environmental review may require impact mitigation, vibrationai
monitoring, wetland ereation or other actions. Meeting the requirements of the
environmental review is not included in this scope but could be added by amendment if
required.
O:\Administration\AGREE\PROF\Wat 2017 Ph 111 CIPP Lining Des.doc