HomeMy WebLinkAboutAECOM - FY17 Gatewell Repair Project-8/1/2016Item Coversheet
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CITY OF WATERLOO
Council Communication
Resolution approving Professional Services Agreement with AECOM Technical Services, Inc. for an amount not to exceed $49,500.00 in
conjunction with the FY 2017 Gatewelt Repair Project; and authorize Mayor to execute said document.
City Council Meeting: 8/1/2016
Prepared: 7/20/2016
Source of Funds: GO Bonds
http://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?Item1D=5859 7/27/2016
Resolution approving Professional Services Agreement with AECOM Technical Services Inc. for an
SUBJECT:
amount not to exceed $49,500.00 in conjunction with the FY 2017 Gatewell Repair Project: and
authorize Mayor to execute said document.
Submitted by:
Submitted Br Eric Thorson, PE, City Engineer
The Scope of Services will include all detailed work, materials, equipment, personnel and supplies
Recommended Action:
necessary to provide design survey, final design and construction related services for this project.
Source of Funds: GO Bonds
http://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?Item1D=5859 7/27/2016
AXOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterioo, owa 50703
M'maecom.com
CITY OF WATERLOO
FY 2017 GATEWELL REPAIR PROJECT
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 ofWaterloo, 715
Mulberry Street, Waterloo, lowa, hereinafter referred to as CLIENT'
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree 85
foliows:
1. SCOPE OF SERVICES
ATS shall perform professional Services (the "Services") in connection with CLIENTs 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 alt rnatters pertaining to this
Agreement and the performance of the parties hereunder.
(b) Use all reasonable efforts to complete the Services within the time period niutually
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 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
imp!ied and the parties' rights, Iiabilities, responsibilities and remedies with respect to
the quality of Services, including claims alieging negligence, breach of warranty and
breach of contract, shall be exclusiveiy 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 availabte 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 estimates of costs to the CLIENT coveririg an extended period
of time. ATS does not have control over any such costs, inoluding, 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. Accordingly, it is acknowledged and understood that any
estimates, projections or opinions ot 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 probab!e 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 criteria and information as to CLIENTs requirements; obtain alI necessary
approvals and permits required from all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENTs beha!f 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 alI 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 the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, ATS shall maintain standard
insurance po!icies as foliows:
(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 Eniployers Liability not Iess than One Hundred
Thousand Dollars ($100,000) each accident;
(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
Iiability insurance including (owned, non -owned, or hired), each in a combined single
limit 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 under this Agreement and only to the extent af the insurance Iimits
specified herein.
(c) Professional Liability Insurance with Iimits of $1000,000 per claim and in the
aggregate covering ATS against all sums which ATS may become legaily obligated to
pay on account of any professional liability arising out of the performance af this
Agreement.
ATS agrees to provide CLIENT with certiflcates 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 perfarmed. Total
conipensation is a not -to -exceed fee of Forty -Nine Thousand Five Hundred Dollars
($4950000).
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.
VIl. 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 alI expenses incurred and Services rendered to the date of the
termination in accordance with compensation terms of Artiole VI.
VIlI. 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 Iiability 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 Iimiting or depriving ATS of
its rights to use its basic knowledge and skills to design or carry out other projects or
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work for itself or others, whether or not such other projects ar 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 eleotronic 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 CLIENTs 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 Ofl 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 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
Ilability for any and alI 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 al! 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 wiIIfuI 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 shal! look to the
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disposal facility and/or transporter for any responsibility or Iiability atising 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 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 materiais, 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, alI 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. DISPIJTE RESOLIJTION
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
subniitting 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 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 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, modified, 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 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
RIMMMM-11A
Printed Name: Quentin Hart
Title: Mayor
Date: S` t /t 6
APPROVED •AECOM
,� ,�v zj//
-
Printed Name: Douglas W. Schindel, P.E
Title: Associate Vice President
Date: July 22, 2016
CITY OF WATERLOO
FY 2017 GATEWELL REPAIR PROJECT
EXI-IIBIT A
A. PROJECT DESCRIPTION
The project consists of repairing five gatewelis (A-2, B-2, C-2, D-2 and T-5) along the Cedar
River in Waterloo. These gatewefls range in size from 18" to 54 Four of the five gatewelis
are stand-alone, cast -in-place structures. The fifth gatewell (T-5) is constructed integrally
with the floodwall. The project will inelude the removal of the existing slide gates, removal.
and reptacement of the existing gatewell tops and installation of new stide gates, manual
operators and new aluminum hatches at each location,
In addition to the gatewell repairs, the project will inelude necessary site work associated
with each Iocation and traffic control for the construction.
B. SCOPE OF SERVICES
The Scope of Services will encompass and include detaiied work, services, materials,
equipment, personnel and supplies necessary to provide design survey, final design and
construction-reiated services for the project. The project will be dMded mb two phases.
The first phase will include design services, including the preparation of plans and
specifications in a format suitable for a City of Waterloo Ietting. The second phase will
include construction -related services, which will be determined at the time the services are
needed.
Design Services
The Scope of Services for the Design Phase is further defined as follows:
Design Survey and Data Collection (Tasks 1-3)
The foliowing identifies tasks leading to the compitation of alt needed existing conditions
required to design the repairs to the gatewelis:
Task 1 - As -Built Document Retrieval
Task 2 - Field Survev
Task 3 - Survev Note Reduction and Base Mappinq
Final Construction P/ans and Specifications (Tasks 4-19)
These tasks include developing final construction plans and specifications for the Gatewell
Repair Project. tncluded in these tasks will be the typical sections and detalis, tabulations
and quantities, final gateweti plan sheets, gatewell detail sheets, operator details, site
restoration details, traffic control details, quality control review, construction cost estimate
and technical specifications. The foltowing specific tasks tead to the completion of the final
construction plans and specifications:
Task 4 - Title and Legend Sheets
Task 5 - Typical Sections and Details
Task 6 - Bid Items and General Notes
a. Bid tem and Quantity Listing
b. Estimate Reference Information
c. General Notes
Task 7 - Tabulations and Quantities
Task 8.- PIan Sheets - Individual Gatewell Locations (Five)
Task 9 - Gatewell Details
Task 10- Gatewell Structural Top Details (Five Locations)
Task 11 - Site Restoration Details
Task 12 - Traffic Control Sheets
Task 13 - Coordination with U.S. Army Corps of Enciineers, John Deere and Iowa
Department of Natural Resources
Task 14 - Qualitv Control Review
Task 15 - Final Revisions
Task 16 - Construction Cost Estimate
Task 17 - Specifications
Task 18 - Printinci and Submittals
Task 19 - Field Review
Project Administration, Coordinatiori and Meetings (Tasks 20-22)
These tasks include project administration, coordiriation and meetings throughout the
project development. These tasks also include pre-Ietting activities and general project
administration. The foliowing identifies tasks leading to the completion of project
adniinistration, meetings and coordination during the design phase of the project.
Task 20 - Project Meetings
Task 21 - Pre-Lettinq Activities
Task 22 - Proiect Administration
Phase 11 - Construction -Related Services
The scope of construction -related services will be determined at the time the services are
needed and defined under a future amendment to this agreement. Construction -related
services include construction staking, on-site field review, materials testing, contract
administration during construction and right-of-way staking.
OMdniinistraticntiGREE\PROF\Wat FY 2017 Gatewell Repair.doc