HomeMy WebLinkAboutSERVICE AGREEMENT DISINFECTION FACILITIES - RESOLUTION 2009-167 AECOM
AECOM
501 Sycamore Street,Suite 222,Waterloo,Iowa 50703
T 319.232.6531 F 319.232.0271 www.aecom.com
PROFESSIONAL SERVICES AGREEMENT
PROJECT NAME: Disinfection Facilities
Waterloo Easton Avenue Water Pollution Control Facility
City of Waterloo, Iowa
This Agreement is by and between
Client
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
and,
AECOM Technical Services, Inc. (ATS)
501 Sycamore, Suite 222
P.O. Box 1497
Waterloo, Iowa 50704-1497
Who agree as follows:
Client hereby engages ATS to perform the services described in Part I ("Services")and ATS agrees to perform
the Services for the compensation set forth in Part III. ATS shall be authorized to commence the Services upon
execution of this Agreement. Client and ATS agree that this signature page, together with Parts I-IV and
attachments referred to therein, constitute the entire Agreement between them relating to the Project
("Agreement").
APPROVED FOR CLIE T APPROVED FOR AECOM TECHNICAL SERVICES, INC.
By L By
Printed Name ke55 ie SC t Printed Name Joe Becker
Title rrlo,v o r Pr' Title Vice President
Date 3- -v Date February 23, 2009
Page 2
PART I
ATS'S RESPONSIBILITIES
A. Project Description
The City of Waterloo anticipates disinfection of treated effluent will be required at the Waterloo Easton
Water Pollution Control Facility(WPCF)to comply with new bacterial standards for the Cedar River. The
disinfection facilities will treat effluent from the Easton Secondary Treatment Facility,treated effluent from
the satellite WPCF and overflows from the storm water basin. Current peak day flow capacity for the
three effluent flow streams are as follows:
Easton Secondary Treatment 36 mgd (million gallons per day)
Satellite WPCF 11 mgd
Storm Water Basin 32 mqd
Total Peak Flow to be Disinfected 79 mgd
B. Scope of Services
Services to be provided under this agreement include facility planning; development and evaluation of
alternatives for disinfecting; final design and preparation of the plans, specifications, and contract
documents in a format compatible with the City of Waterloo standards; permitting to obtain Iowa
Department of Natural Resources approval;assistance with bidding;review of bids and recommendation
of award; and construction-related services associated with the construction of the project.
The level of effort for design of the new facilities is based on using ultraviolet disinfection for the Easton
Secondary Treatment and Satellite WPCF flow streams and hypochlorite disinfection for the storm water
basin overflow. These disinfection processes will be further evaluated during facility planning. Changes
to the recommended disinfection facilities may impact overall design effort.
The services are further defined by the following tasks:
1. Facilities Planning
a. Conduct a project kickoff meeting with the Client. The meeting will be used to discuss,
confirm and obtain agreement on such things as the City's goals and objectives for the
project, the project plan, schedule and project deliverables.
b. Request and review pertinent background information, including existing plant design
basis, NPDES permit and proposed effluent standard for disinfection. Assist Client in
obtaining effluent transmissivity testing, as needed, for sizing of ultraviolet disinfection
equipment. Investigation of disinfection alternatives will be based on design flows of the
existing facilities.
c. Complete a summary of wastewater flows and loadings based upon existing plant
design basis. This data analysis will focus on average and peak wastewater flows and
effluent quality with the goal of determining current average and peak effluent flows.
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d. Request and review bacterial effluent limits from Iowa Department of Natural Resources
(IDNR) based on the current design average and peak effluent flows.
e. Prepare for and conduct Workshop No. 1 —Identification of Alternatives. The intent of
the workshop is to discuss and select up to three feasible alternatives that merit detailed
evaluation.
f. For each alternative, determine or provide the following:
Estimated construction, operating and present worth costs.
ii. Process flow diagram showing treatment processes and major flow streams.
iii. Site plan showing existing and new structures.
g. Prepare for and conduct Workshop No. 2 —Alternative Selection. The intent of the
workshop is to present results of the alternative evaluation and reach a consensus on
the best long-term plan for meeting Waterloo's disinfection requirements.
h. Incorporate the above information in a Draft Disinfection Facility Plan. After review and
acceptance by the City of Waterloo, edit as required and produce a Final Disinfection
Facility Plan.
Submit the Disinfection Facility Plan to the IDNR and assist Waterloo in obtaining
approval of the plan.
2. Design
a. Project Development Phase
Prepare a project plan setting forth the goals of the project, resources and
schedule. Review the plan with the Client. Periodically update the project plan
as required.
ii. Perform a site design survey. Prepare site base mapping and topographic
mapping necessary for the project.
iii. Assist the Client in obtaining subsurface information. When, in the opinion of
ATS, soil borings or other subsurface exploration are necessary to secure
information for design purpose, ATS will assist the Client in selecting a
geotechnical engineering consultant to perform the subsurface explorations
and prepare a geotechnical report. The contract for geotechnical services shall
be between the Client and the geotechnical engineering consultant, and the
costs shall be paid by the Client.
iv. Conduct a project kickoff meeting with Client and the design team to discuss
the approach and goals of the design. Conduct a site investigation to become
familiar with the current status of the existing facilities and present operational
issues.
v. Prepare base sheets of existing wastewater treatment facilities. The base
sheets will be used to show modifications required to the existing facilities.
vi. Prepare a design basis memorandum for the proposed facilities and review
with Client. The design basis memorandum will list and describe
characteristics and capacities of disinfection processes and proposed
manufacturers of process equipment.
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vii. Discuss instrumentation and control concepts with the Client and prepare an
instrumentation and control concepts memorandum. This memo will include a
summary of the operation and control of each unit process,general description
of instrumentation, and remote monitoring and control requirements for each
unit process.
b. Process Design Phase
Select and size equipment.
ii. Perform hydraulic calculation.
iii. Develop flow sheets showing process equipment, process flow streams, flow
isolation and flow control devices, field instrumentation and control panels.
Prepare a preliminary functional description of operation and control for each
unit process. Flow sheets will include a general description of signals to the
plant monitoring system.
iv. Attend one meeting with representatives of the Client to review flow sheets for
coordinating the design with the Client's needs. Revise the design in response
to agreed upon comments by the Client.
c. Preliminary Layout Phase
Prepare a conceptual site plan and preliminary layout drawings of new facilities
showing: plan views; major sections; building, tank and room dimensions;
major space requirements for process,electrical, l&C, HVAC and architectural
equipment; and size and elevation of large diameter process piping and
channels.
ii. Attend one meeting with representatives of the Client to review preliminary
layouts for coordinating with the Client's needs. Revise the preliminary layouts
in response to agreed upon comments by Client.
iii. Prepare a preliminary construction cost estimate based on the preliminary
layouts and flow sheets. Submit cost estimate to Client.
•
d. Final Design Phase
Prepare process and instrumentation drawings (P&IDs) showing process
equipment, process piping and valves, process tanks, field instrumentation,
control panels and PLCs. Incorporate revisions into the P&IDs from the flow
sheet meetings conducted during the process design phase. Prepare a
functional description of operation and control for each unit process. P&IDs will
show control signals between equipment and field instrumentation to control
panels, including signals to the plant monitoring system.
ii. Prepare a final layout site plan and final layouts of new and existing facilities
showing: plan views; major sections; building, tank and room dimensions;
space requirements for process, electrical, l&C, HVAC and architectural
equipment; and size and elevation of process piping. The final layouts will
incorporate Client and ATS's comments on the preliminary layouts developed
during the preliminary layout phase.
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iii. Review the final layout drawings with the Client. Revise the design in response
to agreed upon comments by the Client.
iv. Prepare a final design basis memorandum for the proposed facilities and
review with Client.
v. Prepare contract documents, including plans and specifications necessary to
receive competitive bids to construct the new facilities and for modifications to
the existing facilities.
• Documents will be prepared based on one prime construction contract.
• Contract documents will be prepared based on final process design
memorandum, final P&IDs and final layouts.
• Contract documents will include standard forms produced by EJCDC
(Engineer's Joint Contract Documents Committee),City of Waterloo and
ATS's standard documents.
• Plans and specifications will include process mechanical equipment,
pumps and piping for treatment, structural design of buildings,
architectural design of buildings, site work including piping, grading and
access drives, heating and ventilation and plumbing in buildings, and
electrical and instrumentation for the buildings and for the treatment
processes.
vi. Prepare an estimate of probable construction cost based on the contract
documents.
vii. Print sets of contract documents for final quality review, Client review and
review by IDNR.
viii. Submit the contract documents to the Client and IDNR for review and approval.
Assist the Client in obtaining approval of the documents from the IDNR.
ix. Attend one meeting with Client's representative to review Client's comments on
contract documents. Revise the contract documents in response to agreed
upon comments by the Client.
3. Bidding Phase Activities
a. Finalize bidding documents after IDNR review and approval.
b. Print up to 30 sets of plans and specifications. These plan and specification sets would
be for the use of the Client, distribution to plan rooms and submittal to potential bidders
for the project.
c. Bidding coordination for one prime construction contract,which includes responding to
contractor questions, preparation of appropriate addenda and management of a pre-bid
meeting.
d. Attend bid opening, prepare bid tabulation and make recommendation to Client on
contract award.
e. Review contractor's major equipment list, if included in the bid form.
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4. 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, but are not limited to,staking, review, materials testing,contract administration
during construction, preparation of operation and maintenance manuals, training and other
activities following the bid letting for the project.
C. Project Schedule
It is anticipated the Facility Plan Report will be completed within approximately four months following
receipt of the signed agreement. It is anticipated contract documents will be submitted to IDNR for
review within approximately eight months following approval of the Facility Plan Report by IDNR.
D. Assumptions
1. No wetland delineation or impacts are anticipated.
3. No additional on-site storm water retention/detention basins will be required.
3. Approvals for buildings will be completed by Client(City of Waterloo).
PART II
CLIENTS RESPONSIBILITIES
Client, at its expense, shall do the following in a timely manner so as not to delay the Services.
A. Information/Reports
Furnish ATS necessary information/reports, tests, operation and maintenance manuals, and record
drawings of existing facilities, all of which ATS may rely upon without independent verification in
performing the Services.
B. Representative
Designate a representative for the Project who shall have the authority to transmit instructions, receive
information, interpret and define Client's policies and make decisions with respect to the Services.
C. Decisions
Provide all criteria and full information as to Client requirements for the Project, obtain (with ATS's
assistance, if applicable) necessary approvals and permits, attend Project-related meetings, provide
interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally
participate in the Project to the extent necessary to allow ATS to perform the Services.
D. Pay fees required for submittal and approval by governmental agencies.
E. Obtain subsurface information, if necessary, as noted in the Scope of Services.
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PART III
COMPENSATION, BILLING AND PAYMENT
Client shall pay ATS for the Services in accordance with the following:
A. Compensation
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 an estimated fee
of Three Hundred Sixty-Nine Thousand Dollars ($369,000.00) and shall not be exceeded without
authorization of the Client.
B. Billing And Payment
ATS may bill the Client monthly for services completed at the time of billing,with net payment due in 30
days. Unless Client provides ATS with a written statement of any objections to the bill within 15 days of
receipt, Client shall be deemed to accept the bill as submitted.
L:\work\ADMINWGREE\PROF\WaterlooDisinfectionFac.doc
AECOM
PART IV
STANDARD TERMS AND CONDITIONS
1. STANDARD OF CARE. Services shall be performed in accordance with the danger to the public health,safety or the environment. Client shall execute any
standard of professional practice ordinarily exercised by the applicable manifests or forms in connection with transportation,storage and disposal of
profession at the time and within the locality where the Services are performed. hazardous materials resulting from the site or work on the site or shall authorize
Professional services are not subject to,and ATS can not provide,any warranty ATS to execute such documents as Client's agent. Client waives any claim
or guarantee,express or implied,including warranties or guarantees contained in against ATS and agrees to defend,indemnify,and save ATS harmless from any
any uniform commercial code. Any such warranties or guarantees contained in claim or liability for injury or loss arising from ATS's discovery of unanticipated
any purchase orders, requisitions or notices to proceed issued by Client are hazardous materials or suspected hazardous materials.
specifically objected to.
11. INDEMNITY.ATS agrees to defend, indemnify and save harmless the
2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is Client, its agencies, agents, employees and assignees from all claims and
based on facts known at the time of execution of this Agreement,including,if liabilities due to design error,omission or negligent act of ATS,its members,
applicable, information supplied by Client. For some projects involving agents, stockholders or employees in connection with performance of this
conceptual or process development services,scope may not be fully definable Agreement
during initial phases. As the Project progresses,facts discovered may indicate
that scope must be redefined. 12. ACCESS. Client shall provide ATS safe access to any premises necessary
for ATS to provide the Services.
3. SAFETY. ATS has established and maintains corporate programs and
procedures for the safety of its employees. Unless specifically included as a 13. REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other
service to be provided under this Agreement,ATS specifically disclaims any deliverables,including electronic media,pertaining to the Project by Client for
authority or responsibility for general job site safety and safety of persons other any purpose other than that for which such documents or deliverables were
than ATS employees. originally prepared, or alteration of such documents or deliverables without
written verification or adaptation by ATS for the specific purpose intended,shall
4. DELAYS. If events beyond the control of Client or ATS,including,but not be at the Client's risk. Further, all title blocks and the engineer's seal, if
limited to,fire,flood,explosion,riot,strike,war,process shutdown,act of God or applicable, shall be removed if and when Client provides deliverables in
the public enemy,and act or regulation of any government agency,result in electronic media to another entity. Client agrees that relevant analyses,findings
delay to any schedule established in this Agreement,such schedule shall be and reports provided in electronic media shall also be provided in"hard copy"
amended to the extent necessary to compensate for such delay. In the event and that the hard copy shall govern in the case of a discrepancy between the two
such delay exceeds 60 days,ATS shall be entitled to an equitable adjustment in versions,and shall be held as the official set of drawings,as signed and sealed.
compensation. Client shall be afforded a period of 30 days in which to check the hard copy
' against the electronic media. In the event that any error or inconsistency is found
5. TERMINATION/SUSPENSION. Either party may terminate this Agreement as a result of this process,ATS shall be advised and the inconsistency shall be
upon 30 days written notice to the other party. Client shall pay ATS for all corrected at no additional cost to Client. Following the expiration of this 30-day
Services,including profit relating thereto,rendered prior to termination,plus any period,Client shall bear all responsibility for the care,custody and control of the
expenses of termination. electronic media. In addition,Client represents that it shall retain the necessary
mechanisms to read the electronic media,which Client acknowledges to be of
In the event either party defaults in its obligations under this Agreement only limited duration. Client agrees to defend,indemnify,and hold harmless ATS
(including Client's obligation to make the payments required hereunder),the non- from all claims,damages,and expenses,(including reasonable litigation costs),
defaulting party may,after 7 days written notice stating its intention to suspend arising out of such reuse or alteration by Client or others acting through Client.
performance under the Agreement if cure of such default is not commenced and
diligently continued,and failure of the defaulting party to commence cure within 14.AMENDMENT.This Agreement,upon execution by both parties hereto,can
such time limit and diligently continue, suspend performance under this be amended only by a written instrument signed by both parties.
Agreement.
15. ASSIGNMENT. Except for assignments(a)to entities which control,or are
6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs controlled by,the parties hereto or(b)resulting from operation of law,the rights
prepared by ATS is supplied for the general guidance of the Client only. Since and obligations of this Agreement cannot be assigned by either party without
ATS has no control over competitive bidding or market conditions,ATS cannot written permission of the other party.This Agreement shall be binding upon and
guarantee the accuracy of such opinions as compared to contract bids or actual inure to the benefit of any permitted assigns.
costs to Client.
16. STATUTES OF LIMITATION.To the fullest extent permitted by law,parties
7. RELATIONSHIP WITH CONTRACTORS. ATS shall serve as Client's agree that,except for claims for indemnification,the time period for bringing
professional representative for the Services,and may make recommendations to claims under this Agreement shall expire one year after Project completion.
Client concerning actions relating to Client's contractors,but ATS specifically
disclaims any authority to direct or supervise the means,methods,techniques, 17. DISPUTE RESOLUTION. Parties shall attempt to settle disputes arising
sequences or procedures of construction selected by Client's contractors. under this agreement by discussion between the parties senior representatives of
management. If any dispute can not be resolved in this manner, within a
8. CONSTRUCTION REVIEW. For projects involving construction, Client reasonable length of time,parties agree to attempt non-binding mediation or any
acknowledges that under generally accepted professional practice, other method of altemative dispute resolution prior to filing any legal
interpretations of construction documents in the field are normally required,and proceedings. In the event any actions are brought to enforce this Agreement,the
that performance of construction-related services by the design professional for prevailing party shall be entitled to collect its litigation costs from the other party.
the project permits errors or omissions to be identified and corrected at
comparatively low cost. Client agrees to hold ATS harmless from any claims 18. NO WAIVER. No waiver by either party of any default by the other party in
resulting from performance of construction-related services by persons other the performance of any particular section of this Agreement shall invalidate any
than ATS. other section of this Agreement or operate as a waiver of any future default,
whether like or different in character.
9. INSURANCE. ATS will maintain insurance coverage for Professional,
Comprehensive General,Automobile,Worker's Compensation,and Employer's 19. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement,
Liability in amounts in accordance with legal,and ATS's business requirements. nor the performance of the parties hereunder,is intended to benefit,nor shall
Certificates evidencing such coverage will be provided to Client upon request. inure to the benefit of,any third party,including Client's contractors,if any.
For projects involving construction, Client agrees to require its construction
contractor,if any,to include ATS as an additional insured on its policies relating 20. SEVERABILITY. The various terms, provisions and covenants herein
to the Project.ATS's coverages referenced above shall,in such case,be excess contained shall be deemed to be separate and severable,and the invalidity or
over contractor's primary coverage. unenforceability of any of them shall not affect or impair the validity or
enforceability of the remainder.
10. HAZARDOUS MATERIAL. Hazardous materials may exist at a site where
there is no reason to believe they could or should be present. ATS and Client 21. AUTHORITY. The persons signing this Agreement warrant that they have
agree that the discovery of unanticipated hazardous materials constitutes a the authority to sign as,or on behalf of,the party for whom they are signing.
changed condition mandating a renegotiation of the scope of work.ATS agrees
to notify Client as soon as practically possible should unanticipated hazardous
materials or suspected hazardous materials be encountered. Client L:\WORMADMIN\AGREE\SAVE\WaterlooTC.doc Dec 2008
acknowledges and agrees that it retains title to all hazardous material existing on
the site and shall report to the appropriate federal,state or local public agencies,
as required,any conditions at the site that may present a potential