HomeMy WebLinkAboutAECOM - 2017 Biennial Bridge Review-9/19/2016AXOM
AEGOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Watertoo, towe 50703
V.aecom.com
CITV OF WATERLOO
2017 BIENNIAL BRIDGE REVIEW PROGRAM
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
MuIberry Street, Waterloo, Iowa, hereinatter referred to as "CLIENT."
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
foliows:
SCOPE OF SERVICES
ATS shall perform professional Services (the "Services") in connection with CLIENT's tacilities
in accordance with the Scope of Services set forth in Exhibit A attached hereto.
11. ATS'S RESPONSIBILITIES
ATS shail, subject to the terms and provisions of this Agreement:
(a) Appoint ane or more individuals who shall be authorized to act on behalf ot ATS and
with whom CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions wiil be binding upon ATS as to all matters pertaining to this
Agreement and the performance of the parties hereunder.
(b) Use all reasonable elforts to complete the Services within the time period mutually
agreed upon, except for reasons beyond its control.
(c) Perforrn the Services in accordance with generaily accepted professional engineering
standards in existence at the time of performance of the Services. 1 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 contractors bids or
the actual cost to the CLIENT. ATS makes no other warranties either express or
implied and the parties' tlghts, Iiabilities, responsibilities and remedies with respect to
the quality of Services, including claims alieging 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 af 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. AII such guarantees shall be made available 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 1 rom subcontractors, shall be Iimited to procuring
guarantees 1 rom such vendors or subcontractors and rendering aII reasonable
assistance to CLIENT forthe purpose of enforcing the same.
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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 turnished 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 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 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 criteria and intorrnation as to CLIENT's requirements; obtain all necessary
approvars 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, Ioss, Iiability or costs (inoluding, 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 pertormance 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 Iess than One Hundred
Thousand Dollars ($1 00,000) 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 hability. This policy inoludes 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 of the insurance Iimits
specified herein.
Professional Liability Insurance with limits af $1 000,000 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 adsing 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 a Iump sum 1 ee of Seventy -Five Thousand Dollars
($75,000.00).
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. 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 wriften 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.
VIll. 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 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.
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(b) Any files delivered in eIectronc 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 1 iles 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 CLIENTs construction contractors.
Nor shall ATS be responsible for the supervi&on 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 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 snd 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 efther, 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
hability 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 1 rom and against any and all Iiability which may in
any manner arise in sny 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 look to the
disposal facility and/or transporter for any responsibility or liability arising 1 rom improper
disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT
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in CLIENT's obligations or responsibilities as a generator in the storage, transportation,
treatment or disposal oI 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 iricluding but not Iimited to storage, generation, treatment,
transportation, handling or disposal 01 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 Iocations, and provide
ATS with all riecessary intormation regarding the presence of underground hazards, utilities,
structures and conditions at the site.
XIT. 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 Iegal exposure for the risks associated with this project.
XIII. DISPUTE RESOLLJTION
11 a dispute arises out 01, or relates to, the breach of this Agreement and 1 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. 11 the parties are unable
to resolve their differences within 10 days of the receipt of such notice, such dispute shall be
subniitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in eftect. The deadline for
submitting the dispute to mediation can be changed if the parties mutually agree in writing to
extend the time between receipt 01 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 tiling 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 APPROVED
FOR AAECCOM
By: By:
Printed Name: Quentin Hart Printed Name: Douglas W. Schindel, P.E
Title: Associate Vice President
/ ( q /f to Date: September 20. 2016
CITV OF WATERLOO
2017 BIENNIAL BRIDGE REVIEW PROGRAM
EXHIBITA
A. PROJECT DESCRIPTION
The project is described as the 2017 Biennial Bridge Review Program. ATS will complete
the review of the 63 bridges and culverts for which Structure lnventory and Appraisal (SI&A)
forms are required to be submitted to the Iowa DOT by the Client. Two additional bridges
will be evaluated this year due to the transfer ot jurisdiction of University Avenue from the
Iowa DOT to the City of Waterloo: University Avenue over Black Hawk Creek and
University Avenue over the abandoned CNW Railroad (FHWA Nos. 14870 and 14880).
B. SCOPE OF SERVICES
Services to be provided for the project under this agreement are as follows:
1. Conduct field review tor said bridges and culverts.
2. Prepare condition rating and appraisal tor said bridges and culverts.
3. Update SI&A forms for said bridges and culverts.
Enter updated SI&A torms for said bridges and culverts into lowa Department of
Transportation's electronic database.
5. Update and prepare culvert load ratings, as necessary, per updated requirements
tor bridge and culvert structure inventory and appraisals.
6. Complete an FHWA Level 1 Underwater Bridge Inspection for the Park Avenue
Bridge over the Cedar River. ATS will use Westbrook Associated Engineers, Inc.,
as a subcontractor to complete the underwater bridge inspection. Work elements
for the underwater inspection include the tollowing items;
a. Provide a three-person OSHAIFHWA approved dive team that will inelude a
dive tender, an underwater bridge inspection diver and a registered
protessional engineer as the team leader.
b. The dive team will conduct an FHWA Level 1 underwater tactile inspection
of the bridge. A Level 1 inspection is classified as a "swim by" inspection
detailed enough to detect obvious major damage or deterioration. This type
of inspection will also consist of limited probing of the substructure and
adjacent streambed.
c. The dive team will utilize a surtace supphed air package with audio
communication trom the dive tender to the underwater bridge inspection
diver.
d. Prepare a condensed inspection report on the findings of the FHWA Level 1
underwater inspection that will inelude a narrative on the foflowing topics:
• Comprehensive Report of Deficiencies
• Site Conditions
• Numerical FHWA Condition Rating tor Each Substructure Unit
• Recommended Correction Action
• Dive Log
• Detailed Inspection Notes for Each Substructure Unit
• Above Surtace Photo Log
• Final Inspection Report
7. Prepare summary report for the Client in format similar to previous years. The
summary report will be submitted to the Client by October 30, 2017.
8. Prepare copies of rating torms, in addition to structure photographs, to the Client in
the form of an appendix within the summary report.
0:AdministrationAGREE\PROF\Wat FY17 Biennial Bridge Review.doc
Item Coversheet
CITY OF WATERLOO
Council Communication
Resolution approving Professional Service Agreement with AECOM Technical Services, Inc. for an mount
conjunction with the F.Y. 2017 Biennial Bridge Review Program; and authorize Mayor to execute said document.
City Council Mee g: 9/19/2016
Prepared: 9/13/2 6
ATTACHMENTS:
Description Type
2017 Bridge Inspection PSA Cover M1Iemo
Resolution approving Professional Service Agreement with AECOM Technical Services. Inc. for an
SUBJECT: amount not to exceed $75,000.00 in conjunction with the F.Y. 2017 Biennial Bridge Review Program:
and authorize Mayor to execute said document.
Submitted by: Submitted Bv' Warne Castle, PLS EI Associate Engineer
Source of Funds: G.O. Bonds - Bridge Inspections
Under the FY2017 Biennial Bridge Inspection contract, the consultant will:
1) Inspect the 63 bridges and culverts within the City limits for which Structure Inventory
and Appraisal (SI&A) sheets are required. This number includes the two bridges, University
Avenue over Black Hawk Creek and University Avenue over abandoned CNW Railroad
(Sergeant Road Trail) that the City will acquire from the IDOT with the University Avenue
transfer ofjurisdiction.
2) Complete an FHWA Level 1 Underwater Bridge Inspection for the Park Avenue over
Cedar River bridge using Westbrook Associated Engineers, Inc. as a subcontractor. This
Background Information: inspection is required by the FHW A every four years due to the condition of the bridge piers.
3) Update and prepare bridge load ratings, as necessary, for the IDOT's SI&A database.
4) Compile and submit a report of the bridge and culvert conditions, highlighting
maintenance concerns and updated load ratings. This report shall be delivered by October 30,
2017.
AECOM has been conducting the biennial bridge and culvert inspections for a number of years.
AECOM staff is familiar with our structures, have the records for each structure, and have the
manpower and expertise to complete the inspections and submit the required reports.
http://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemlD=6330 9/14/2016
Letter of Transmittal
TO: City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
WE ARE SENDING YOU:
❑x Attached
❑ Shop Drawings
❑ Copy of Letter
❑ Prints
❑ Change Order
AXOM
DATE: September 20, 2016
1 JOB ID NO.:
ATTENTION: Mr. Eric Thorson
RE: 2017 Biennial Bridge Review Program
City of Waterloo
❑
❑
❑ Under separate cover via
❑ Plans ❑ Samples
COPIES DATE NO. DESCRIPTION
2 Professional Service Agreement for Above -Referenced Project
THESE ARE TRANSMITTED AS CHECKED BELOW:
❑x
For approval
❑
❑
For your use
❑
❑
As requested
❑
❑
For review and comment
❑
❑
For. Bids due
20
the following items:
❑ Specifications
Approved as submitted ❑ Resubmit copies for approval
Approved as noted ❑ Submit copies for distribution
Returned for corrections ❑ Return corrected prints
❑ Prints returned after loan to us
REMARKS: We look forward to working with the City of Waterloo on this project.
I Douglas W. Schindel, P.E.
If enclosures are not as noted, kindly notify us at once.
501 Sycamore Street, Suite 222 • P.O. Box 1497 0 Waterloo, Iowa 50704-1497 • (319) 232-6531 0 Fax: (319) 232-0271