HomeMy WebLinkAboutAECOM_-_Hwy_63_LS,_FM_Sewer__Improvements,_Ph_2_-_4.6.2026Docusign Envelope ID: EB9D3C40-CC9E-8DE9-805D-F9DEA6F7D1DA
AECOM
AECOM 319-232-6531 tel
501 Sycamore Street 319-439-3089 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
US HIGHWAY 63 LIFT STATION, FORCE MAIN AND
SANITARY SEWER IMPROVEMENTS — PHASE 2
CITY OF WATERLOO, IOWA
PROFESSIONAL SERVICES 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,
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 Six Hundred Eighty Thousand Dollars
($680,000.00) 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 skills to design or carry out other projects or
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work for itself or others, whether or not such other projects or work are similar to the
work to be performed pursuant to this Agreement.
(b) Any files delivered in electronic medium may not work on systems and software
different than those with which they were 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
to the disposal facility and/or transporter for any responsibility or liability arising from improper
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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.
,-Signed by: '�% ,,��
By: P J, Ist-SUA, By: %%!� ���Ll. sp4ez &Gv
'-393E8397B3D3421... �/
Printed Name: David Boesen Printed Name: Michelle M. Sweeney, PE, PTOE
Title: Mayor Title: Associate Vice President
Date: 4/6/2026
Date: 3/13/2026
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US HIGHWAY 63 LIFT STATION, FORCE MAIN AND
SANITARY SEWER IMPROVEMENTS — PHASE 2
CITY OF WATERLOO, IOWA
EXHIBIT A
I. PROJECT DESCRIPTION
In recent years, the development along the US Highway 63 corridor in the south part of
Waterloo has increased. The sanitary sewer flows generated by this development have
increased, causing the existing sanitary sewer lines to be undersized to handle flows during
large storm events. The intent of this overall project is to upgrade and increase the capacity
of the sanitary sewer to mitigate backups during periods of high flows along the US
Highway 63 corridor. In 2022, the City of Waterloo began construction of the US Highway
63 Sanitary Sewer — Phase 1 of the overall project which began near Home Park Boulevard
and extended to near Jane Street.
Now, the City of Waterloo would like to design Phase 2 of the overall project. Phase 2
would extend sanitary sewer from near Jane Street to just north of US Highway 20. The
existing 21-inch sanitary sewer would be replaced with approximately 6,000 LF of 48-inch
sanitary sewer. This project will also include replacement of the US Highway 63 lift station
and force main. The capacity for this new lift station will be increased to handle current and
future flows in the area.
This project provides numerous benefits for economic development along the US Highway
63 corridor and improves flow conditions in a portion of the system which currently
experiences overloading during wet -weather flows.
The City would like to obtain a State Revolving Fund (SRF) loan for the construction of this
project. Obtaining the loan is a multi -step process that requires the input of the City, Iowa
Department of Natural Resources (Iowa DNR) and the design engineer. The entities have
various responsibilities at various stages of the loan acquisition process. AECOM
Technical Services, Inc., (ATS) will provide engineering assistance to the City for the SRF
process.
II. SCOPE OF SERVICES
The Scope of Services to be performed shall be completed in accordance with generally
accepted standards of practice. ATS will utilize the Statewide Urban Design and
Specifications (SUDAS) and engineer -provided technical specifications for this project,
along with applicable standards and technical modifications by the Waste Management
Services Department (WMSD). The Scope of Services is further defined with the following:
Phase I - Design and Bidding Phase Services
Task 1 — Project Management Progress Meetings/Kickoff Meeting. With WMSD and ATS
staff, a kickoff meeting will be conducted to discuss the scope of project, objectives and
goals. ATS staff will also attend progress meetings, as needed, where updates on the
project design will be presented to WMSD staff.
Task 2 — Survey and Data Collection. ATS will acquire available data about the locations
for the proposed sanitary sewer along the US Highway 63 corridor, including lift station and
force main locations. This will include gathering aerial photography, available topographic
data, and utility location mapping information to develop a base map of the project location.
ATS will establish horizontal and vertical control and perform a topographic survey for the
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project area. "One Call" will be contacted to locate utilities. Marked field locations of
utilities will be surveyed. It is assumed that ATS has the right to rely upon the accuracy,
completeness, currency and non -infringement of Client -provided information and data
applicable to this project and proposed work site. ATS will not be responsible for defects in
its services attributable to its reliance upon or use of such information and data.
Task 3 — Obtain Soil Borings. ATS will propose locations for soil borings along the route of
the proposed US Highway 63 sanitary sewer, force main, and lift station. ATS will work with
a professional geotechnical firm to conduct the soil borings and provide a geotechnical
report of the findings. Terracon Consultants, Inc., will complete the geotechnical work for
this project.
Task 4 — Review Hydraulic Model. ATS will review the sanitary sewer system hydraulic
model to verify areas served and estimated wastewater flows.
Task 5 — Right -of -Way Review. ATS will review City, county and state records pertaining to
the survey corridor. Property lines, right-of-way lines and ownership of properties will be
incorporated into the base mapping for the project. It is assumed that the proposed US
Highway 63 sanitary sewer and force main will be in existing right-of-way. It is assumed
that one (1) permanent acquisition plat will be needed for the new lift station. There are
three (3) temporary construction easements anticipated for this project.
ATS will prepare needed permanent acquisition plat and temporary construction easement
drawings for this project.
Task 6 — SRF Project Initiation. ATS will submit a work record request to the Iowa DNR to
establish the project as one marked for SRF funding. ATS will participate in the Project
Initiation Meeting with the City and the Iowa DNR. This includes preparing preliminary
project design information to present at the meeting and answering technical questions
related to the project.
Task 7 — SRF Facility Plan Preparation. ATS will prepare a facility plan for the project per
requirements of Iowa Wastewater Facilities Design Standards, Chapter 11, Section 11.2, as
required for the SRF process.
Task 8 — SRF Intended Use Plan (IUP) Application Preparation and Public Hearing. ATS
will prepare the IUP Application required for SRF. 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 concerns
from the public regarding the project.
Task 9 — Preliminary Design Drawings. Drawings will be developed showing base
mapping, existing site features, known utilities, proposed sanitary sewer locations, and
existing ground contours. The following design details are unique to this project and are to
be included:
a. This project will need to be coordinated to provide continuous service (bypass
pumping) of the collection system during construction. Temporary diversion of
wastewater around the area under construction will likely be required during some
periods of construction. Information for temporary diversion of wastewater will be
included in the design.
b. Sizing of sanitary sewer pipes are to be based on sanitary sewer computer flow
modeling completed in 2020 and 2025 for this project.
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c. This project will need to be coordinated with the continuous operation of the
existing lift station and force main until switch -over to the new lift station and force
main is accomplished.
d. This project includes the design of a new emergency generator to be permanently
situated at the lift station site. It is anticipated that the emergency generator will be
provided with a weather protective, sound attenuating enclosure provided by the
generator manufacturer.
Task 10 — Plan and Profile Sheets. Preliminary plan and profile sheets will be prepared for
the sanitary sewer and force main installations.
Task 11 — Preliminary Design Meeting. ATS will meet with WMSD and review a preliminary
plan set. Key design items will be discussed; and based on feedback, a list of alterations
will be made for the final design.
Task 12 — Final Plans and Specifications. Final plans and specifications will be developed
incorporating comments received by WMSD. Plans will include cover sheet, general notes,
lift station design (including electrical, controls, and structural), force main and sanitary
sewer plan and profile sheets, and details as necessary. Specifications will include contract
documents incorporating requirements from WMSD. SUDAS specifications will be
referenced, along with engineer -provided technical specifications as needed.
Task 13 — Engineer's Opinion of Probable Cost. An Engineer's Opinion of Probable Cost
will be developed for the project. This statement of probable construction cost prepared by
ATS represents ATS's good faith professional judgment as a design professional at the
time the estimate is drawn. It is recognized, however, that neither ATS nor WMSD has
control over the cost of labor, materials or equipment; over the contractor's method of
determining bid prices; or over competitive bidding or market conditions. Accordingly, ATS
cannot and does not guarantee that bids will not vary from the statement of probable
construction cost or other cost estimates prepared by ATS.
Task 14 — Iowa DNR Construction Permit Application. ATS will prepare necessary
construction permit schedules to be submitted to the Iowa DNR.
Task 15 — Iowa Department of Transportation Utility Permit Applications. ATS will prepare
necessary permit applications for utility accommodation in the US Highway 63 right-of-way.
Task 16 — Notice of Storm Water Discharge NPDES Permits. ATS will prepare permit
application for this project that will be covered under the State of Iowa General Permit
No. 2.
Task 17 — Storm Water Pollution Prevention Plan. Storm Water Pollution Prevention Plan
(SWPPP) will be prepared.
Task 18 — Preparation and Distribution of Contract Documents. Prepare contract
documents for distribution to plan rooms and potential bidders.
Task 19 — Respond to Bidders Questions. Respond to questions that bidders may have
regarding the project. Prepare addenda as needed for project.
Task 20 — Bidding Assistance. Attend bid opening, secure contracts, bonds and certificates
of insurance, review bids, prepare bid tabulation and make recommendation to WMSD.
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Exclusions
• Sponsored Project Documentation. The City may be interested in pursuing "water
resource restoration sponsored projects" that may be tied to the primary SRF
project. This scope does not include coordination to pursue these projects but could
be added by supplemental agreement, if requested by the City.
• Additional Environmental Tasks as Required by Iowa DNR. The Iowa DNR
environmental review may require impact mitigation, vibrational monitoring, wetland
creation or other actions. Meeting the requirements of the environmental review is
not included in this scope but could be added by supplemental agreement, if
required.
Phase II - 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. Construction -related services include
construction staking, on -site field review, materials testing, contract administration during
construction and right-of-way staking.
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