HomeMy WebLinkAboutAECOM-7/18/2016AXOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Sufte 222
Waterloo, Iowa 50703
www.aecorn.com
CITY OF WATERLOO
WATERLOO SANITARY SEWER SYSTEM CAPACITY ASSESSMENT
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 ot 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:
SCOPE OF SERVICES
ATS shall pertorm protessional Services (the "Services") in connection with CLIENT's tacilities
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 ot ATS and
with whom CLIENT may consult at alI reasonable times, and whose instructions,
requests, and deci&ons wiII be binding upon ATS as to aII matters pertaining to this
Agreement and the performance ot 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. 11 during the two
year period tollowing 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-
pertorm 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
materials, or over competitive bidding and market conditions, ATS does not guarantee
the accuracy 01 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 ot warranty and
breach ot contract, shall be exclusively those set torth herein.
(d) ATS shall, if requested in writing by CLIENT, tor the protection ot CLIENT, require
from all vendors and subcontractors from which ATS procures equipment, materials
or services tor the project, guarantees with respect to such equipment, materials and
services. AII such guarantees shall be made available to CLIENT to the full extent ot
the terms thereot. ATSs Iiability with respect to such equipment, and materials
obtained trom vendors or services trom subcontractors, shall be Iimited to procuring
guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose ot enforcing the same.
ACOM
Page 2
(e) ATS wilI be providing estirnates ot costs to the CLIENT covering an extended period
of time. ATS does not have control over any such costs, including, but not Iimited to,
oosts 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
estirnates, projections or opinions ot probable project costs provided herein by ATS
are estimates only, made on the basis ot ATS's experience and represent ATS's
reasonable judgment as a qualified protessional. ATS does not guaranty that
proposals, bids or actual project costs wiII not vary from the opinions of probable costs
prepared by ATS, and the CLIENT waives any and aII 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 criteria and intormation 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
alt matters conoerning 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 tor the
project. ATS shall be entitled to rely upon all such intormation, data and the results ot
such other services in pertorming its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnity 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 bodity irijury or death ot any person or damage to third party
property it and to the extent arising from the negligent errors or omissions or wilitul misconduct
of ATS during the performance ot 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 poticies as follows:
(a) Workers' Compensation and/or alt other Social Insurance in accordance with the
statutory requirements of the state having jurisdiction over ATSs employees who are
engaged in the Services, with Employer's Liability not tess than One Hundred
Thousand Dollars ($100,000) each accident;
(b) Commercial General Bodily Injuiy and Property Damage Liability and Automobile
Iiability insurance including (owned, non -owned, or hired), each in a combined single
Iiniit 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
AXOM
Page 3
negligence under this Agreement and only to the extent of the insurance Iimits
specified herein.
(c) Professional Liability Insurance with Iimits ot $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 Iiability arising out of the performance of this
Agreement.
ATS agrees to provide CLIENT with certificates ot insurance evidencing the above described
coverage prior to the start of Services hereunder and annually thereatter 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 Three Hundred Fifty Thousand Dollars
($350,000.00).
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. ln 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 pron,pt pay provisions currently in effect.
VIl. TERMINATION
CLIENT may, with or without cause, terminate the Services at any tinie upon fourteen (14)
days written notice to ATS. The obligation to provide further Services under this Agreement
may be terrninated 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 alI expenses incurred and Services rendered to the date of the
termination in accordance with compensation terms of Artiole VI.
VILI. OWNERSHIP OF DOGUMENTS
(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 tiles shall be at CLIENT's sole risk
without Iiability or legal exposure to ATS and CLIENT agrees to release, defend and
hold ATS harrnless 1 rom and against all claims or suits asserted against ATS in the
event such doouments 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 skills to design or carry out other projects or
XCOM
Page 4
work for itself ar 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 ANJD 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 ineluding enforcement of Federal and State safety requirements, in
connection with construction work performed by CLIENT's oonstruction 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 Iiable for the acts or
omissions of CLIENTs 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:
Xl. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, Iegal responsibility and
Iiability for any and all pre-existing contamination shall at aII 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 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.
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 Iook to the
AXOM
Page 5
disposal facility and/or transporter for any responsibility or Iiabihty arising from improper
disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT
fl 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 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 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 of the contractors to pertorm 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 5 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
11 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
notity 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 partles 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 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 of Iiniitations, and ATS may pursue any property
Iiens or other rights it may have to obtain security for the payment of its invoices.
XIV. MISCELLANEOIJS
(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
A_COM Page 6
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 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
By:1 L t_. oit�_i� By: a11- W
Printed Name: Quentin Hart
Title: Mayor
Date: FI/IB! II,
Printed Name: Douglas W. Schindel, P.E
Title: Associate Vice President
Date: July 8 2016
CITV OF WATERLOO
WATERLOO SANITARY SEWER SYSTEM CAPACITY ASSESSMENT
EXHIBIT A
A. PROJECT DESCRIPTION
On October 26, 2015, the City ol Waterloo entered into a Consent Decree with United
States and the State 01 Iowa. The express purpose of this was for the City of Waterloo to
take all necessary measures to achieve fun compliance with the prOViSiOns ot the Clean
Water Act (CWA), the Iowa pollution control laws, and all applicable lederal and state
regulations, as implemented by the City's National Pollutant Discharge Elimination System
(NPDES) Permit, with the goal of eliminating sanitary sewer overflows (SSOs), building
back-ups and prohibited bypasses. To date, the City has made great strides to fully comply
with the requirements of the Consent Decree.
The City hired AECOM to conduct comprehensive modeling of the City's sanitary sewer
system as outlined in Appendix 7 ot the decree. The model was developed using XP-
SWMM and includes sanitary sewers of 8 -inches and Iarger in diameter and approximately
20 Iift stations. FIow monitoring eltorts conducted under a paraliel effort served the dual
purpose of evaluating the system response to inllow and infiltration (1/1) as well as for
caflbration of the sanitary sewer model.
One of the requirements of the Consent Decree 5 that the City must use the model and
other resources to conduct a Capacity Assessment of its sanitary sewer system as
described in Appendix 8 oI the decree. The Capacity Assessment must assess existing and
future capacity 01 the sanitary sewer system under a range of Ilows and rainfall events. The
Capacity Assessment must account for existing conditions as well as projected population
and 1 Iow rate growth for the next twenty (20) years (through the year 2036).
The City must assess the capacity of the sanitary sewer system in Service Areas 15 and 16
by September 30, 2016, and report the results to United States and the Stateof Iowa by
December 31, 2016. The City must assess the capacity oI the sanitary sewer system in
Service Areas 18 and 19 and report the results in the Master PIan which must be submitted
by December 31, 2017. Sanitary sewer segments in all other service areas must be
assessed in accordance with the City's Capacity, Management, Operation and Maintenance
(CMOM) program.
B. SCOPE OF SERVICES
The Scope oI Services will encompass and include all detailed work; services; materials;
equipment; personnel and supplies necessary to provide the Sanitary Sewer System
Capacity Assessment required by the Consent Decree. AECOM will assess the existing
and future capacity of the sanitary sewer system taking into consideration the process
outlined in the Capacity Assessment Process Flowchart found in Appendix 8 oI the Consent
Decree. AECOM will foIIow the Sanitary Sewer System Capacity Assessment Report
Template found in Appendix 8 of the Consent Decree when preparing the 1 inal Capacity
Assessment Report.
The Scope of Services is further defined as loflows:
Capacity Assessment
Task 1 - Assess Capacitv Durinq 2 -Year, 5 -Year and 10 -Year Rainlall Events. AECOM will
assess the existing and future capacity of the sanitary sewer system to convey the predicted
peak fiows resulting 1 rom the 2 -year, 5 -year and 1 O -year rainfalls. The sanitary sewers
performance during these three (3) storm events will be evaluated using the calibrated lield-
verilied hydraulic model. The Capacity Assssment will account for projected population
and fiow rate growth tor twenty (20) years (through the year 2036). It is assumed that future
Iand-use areas (system expansion and inlill areas) for the projected 20 -year period will be
provided by the City from zoning or other source materials. AECOM will use that
information to update and/or expand sanitary basins in the model to generate additional 1 Iow
under future Iand-use conditions. It is further assumed that the sanitary sewer model pipe
network will not be expanded under this analysis.
Task 2 - Identify Problem Service Areas. The Capacity Assessment will identify those
service areas which have infiltration and inflow (1/1) significant enough to cause, or
contribute to, SSOs, building back-ups and prohibited bypassing.
Task 3 - Identifv and Quantifv Sources of 1/1. To the extent possible, the Capacity
Assessment will identify and quantify sources of 1/1 within problem service areas.
Task 4 - Identifv Known SSOs, BuildinQ Back -urs and Prohibited Bypasses. The Capacity
Assessment will identify known SSOs, building back-ups and prohibited discharges within
each service area.
Task 5 - Data Review and Manaqement. In preparing the Capacity Assessment, AECOM
will compare model output of wet weather SSOs, building back-ups and prohibited bypass
Iocations and surcharging with known data concerning SSOs, building back-ups and
prohibited bypasses, sewage fiows, and WWTP fiows and capacity. Where there is
correlation between the model and maintenance records/institutional knowledge, AECOM
will proceed in categorizing wet -weather SSOs, wet weather building back-ups and
prohibited bypasses in a manner generaily consistent with the "Type NB/C" classification
approach reflected in the Capacity Assessment Process Flowchart. Other circumstances
without a correlation will be noted and provided to the City for further investigation potentially
with more 1 Iow monitoring in the vicinity of the problem area or under the CMOM program.
Task 6 - CateQorization of Potential Capacity Constraints. Using the results of the Capacity
Assessment, AECOM will categorize potential capacity constraints using the foliowing
priority criteria:
A. High Priority: Parts 01 the sanitary sewer system where SSOs, wet weather building
back-ups or prohibited bypasses have historically occurred.
B. Moderate Priority: Parts 01 the sanitary sewer system where modeling predicts
SSOs, wet weather building back-ups and prohibited bypasses will occur under
present conditions, but such incidents have not historically occurred.
0. Lower Priority: Parts of the sanitary sewer system that modeling indicates are at, or
near, full capacity, such that SSOs, wet weather building back-ups, or prohibited
bypasses may occur under future conditions.
The priority Iist created under this task will be used as a guide for developing remedial
measures and scheduling the selected remedial measures, which will be presented in the
Master PIan.
Task 7 - Field Investiqations of Potential CalDacity Constraints. AECOM will provide
technical assistance to Waterloo Waste Management Services Department (WMSD) staff
on the installation of Iift station 1 ow meters (VoIuCaIc devices), sanitary sewer area -velocity
(A-V) meters, and ram gauges used to gather data on wastewater fiows and ramnfall. WMSD
staff will provide installation and maintenance of equipment. AECOM will also review data
on sanitary sewer tetevising and cleaning measures performed by WMSD staff. Smoke
testing studies and information provided by Waterloo City Engineering on storm sewers
connected to sanitary sewers will also be used to help prioritize capacity constraints.
Task 8 - Modet Runs and Updates. As part of the modet maintenance and updates,
AECOM wilt include up to 100 GIS and Hydrautic Model -related minor updates and a model
run to evaluate the impact of minor system updates. The modeling effort includes up to 12
sanitary sewer or Iift station construction project updates to the model, and associated
model runs to evaluate the impacts of the construction projects. The modeling effort
includes up to 5 major system improvements project updates to the model, andassociated
model runs to evatuate the impacts of the major system improvement projects.
Report
Task 9 - Final Report. The final Sanitary Sewer System Capacity Assessment Report wUl
follow the template provided in Appendix 8 and generalty anticipated to contain the foltowing:
.
Maps of the Type A/B/C wet weather SSO5, building back-ups and prohibited
bypasses. Separate maps wilt be prepared for each type of wet weather 550,
building back-up and prohibited bypass. A fourth map witi be prepared showing all
events.
A description of the hydraulic model including software and existing population
scenario.
A written summary of the pipes mnctuded in the hydraulic modet and an affirmation
that the modeled sewers conform to the requirements of the Consent Decree.
A summary of the entire model setup, calibration and verification process.
A description of the guidetines used to prioritize potential capacity constraints.
A map showing potential capacity constraints for alt priority categories. Separate
rnaps will be provided for each priority category showing the tocation of the potential
capaoity constraints.
A description of the guidelines used for setecting the type of fietd technique for each
potential capacity constraint.
• A tabte showing compteted and ongoing fietd investigations for each priority
category, showing upstream and downstream manhole numbers.
• A description of the guidelines for assessing field investigations.
A color -coded map showing the Iocation of the capacity assessment results.
A table summarizing results of the capacity assessment, inctuding upstream and
downstream manhole numbers. The final report will describe how identitied and
verified capacity constraints were either 1) included in the Master PIan, 2) monitored
in the CMOM program, or 3) determmned to be a capacity constraint which cannot be
cost-effectively elimmnated.
Prolect Administration and Meetings
Tasks 10-12. These tasks include project admiriistration, coordination, and meetings
throughout the project. These tasks aIso inolude general project administration. The
foIIowng dentifies tasks leading to the completion of project administration, meetings and
coordination during the Capacity Assessment.
Task 10 - Meetinqs with U.S. Environmental Protection Aciencv, and/or their consultants,
and Iowa Dejartment of Natural Resources on Capacitv Modelinci Activities
Task 11 - Project Meetinqs with Citv Staff
Task 12 - Project Administration
O:'AdministrationGREE\FROF\Wat SS System Capacity Assessment.dac