HomeMy WebLinkAboutTerracon, Inc-8/20/2012Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
Iowa DOT Project No. STP -E -8155(723)-8V-07
Owner Project No. — City Contract No. 803
Professional Services Agreement
for Materials Testing and Construction Observation on Lou Henry Hoover Memorial Sculpture Garden
This is an AGREEMENT, made as of the day of Ab
in the year 16 (
by and BETWEEN the City of Waterloo, identified as the Owner;
715 Mulberry Street
Waterloo, Iowa 50703
(319) 291-4312
and the Consultant ;
Terracon, Inc.
66612 Chancellor Drive, Suite 102
Cedar Falls, Iowa 50613
(319) 277-4016
for the following Project:
The Owner has decided to construct the Lou Henry Hoover Memorial Sculpture Garden project in accordance
with the current Statewide Transportation Improvement Program. The Owner has completed the preparation of
final design, plans, specifications and estimates for the improvements, and let the project through the DOT on
July 17th, 2012. Subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT)
and the Federal Highway Administration (FHWA) (when applicable), the Owner wants to enter into an agreement
with the Consultant for professional services.
The Owner desires to employ the Consultant to provide construction observation and testing services in
connection with the construction of the above -referenced project The Consultant is willing to perform such work
in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating
to the licensure of professional engineers.
Page 1 of 19
TABLE OF CONTENTS
Article Number And Description
1 Initial Information
1.1 Project Parameters
1.2 Financial Parameters
1.3 Project Team
1.4 Time Parameters
2 Scope Of Services And Other Special Terms And Conditions
2.1 Enumeration of Parts of the Agreement
3 Form of Compensation
3.1 Method of Reimbursement
3.2 Subconsultant
4 Terms And Conditions
4.1 Ownership of Engineering Documents
4.2 Revision of Plans
4.3 Extra Work
4.4 Progress Meetings
4.5 Additional Plans
4.6 Termination of Agreement
4.7 Extension of Time
4.8 Mediation
4.9 Arbitration
4.10 R-esponsibility for -Claims and Liability
4.11 Non -Raiding Clause
4.12 General Compliance with Laws
4.13 Subletting, Assignment or Transfer
4.14 Forbidding Use of Outside Agents
4.15 Consultants Endorsement on Plans
4.16 Compliance with Title 49, Code of Federal Regulations
4.17 Access to Records
4.18 Iowa DOT and Federal Highway Administration Participation
4.19 Severability
4.20 Choice of Law and Form
4.21 Consequential Damages
4.22 Testing and Observations
4.23 Standard of Care
4.24 Site Access and Safety
Attachment A -
Attachment B
Attachment C
Attachment D
Attachment E -
Attachment F -
Attachment G
Attachment H
Scope of Services
- N/A
- Fees and Payments - Unit Price
- Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Certification of Consultant
Certification of Owner
- N/A
- N/A
Page 2of19
ARTICLE 1 INITIAL INFORMATION
1.1
This Agreement is based on the following information and assumptions.
Project Parameters
The objective or use is:
To provide materials testing and construction observation services for a federal -aid project.
Financial Parameters
The financial parameters are;
Amount of the Owner's budget for the Consultant's compensation is:
$10,000
Amount of the Consultant's budget for the subconsultants' compensation is:
Zero
Project Team
The Owner's Designated Representative identified as the Contract Administrator is:
Jeff Bales, Associate Engineer
The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for
purpose of coordinating and administering the work under the Agreement. The work under this
Agreement shall at all times be subject to the general supervision and direction of the Contract
Administrator and shall be subject to the Contract Administrator's approval.
1.3.2 The Consultant's Designated Representative is:
Wade Hammersley, Project Manager
1.3.3 The subconsultants retained at the Consultant's expense are:
None
1.4 Time Parameters
1.4.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to
proceed from the Owner.
1.4.2 Not Applicable
1.4.3 Not Applicable
1.4.4 Not Applicable
ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
2.1 Enumeration of Parts of the Agreement. This Agreement, including its attachments, represents the
entire and integrated agreement between the Owner and the Consultant and supersedes all prior
negotiation -s, representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by the Owner, Consultant, Iowa DOT, and the FHWA (if applicable).
This Agreement comprises the documents listed below.
2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all
detail work, services, materials equipment and supplies necessary to prepare and deliver the scope of
services provided in Attachment A.
2.1.2 All services herein required and provided shall be in conformity with the applicable Iowa DOT
Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625, as
outlined in Attachment B. In addition, applicable sections of the U.S. Department of Transportation
Federal Aid Policy Guide (FAPG) shall be used as a guide in preparation of plans, specifications and
estimates.
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2.1.3 Other documents as follows:
.1 Fees and Payments - Unit Price - Attachment C
.2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D
.3 Certification of Consultant - Attachment E
.4 Certification of Owner - Attachment F
.5 Scope of Services - Attachment A
.7 N/A
.8 N/A
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement
3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in
accordance with the Unit Price compensation method, as defined in Attachment C.
3.2 Subconsultant
3.2.1 The Consultant shall require the subconsultants (if applicable) to notify them if they at any time
determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the
subconsultants to exceed their estimated actual costs without prior written approval of the Contract
Administrator. The prime Consultant is cautioned that cost under -runs associated with any
subconsultant's contract are not available for use by the prime Consultant unless the Contract
Administrator has given prior written approval and the Iowa DOT and the FHWA (when applicable)
concurs.
ARTICLE 4 TERMS AND CONDITIONS
4.1 Ownership of Engineering Documents
4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under
this Agreement shall become the property of the Owner and shall be delivered to the Contract
Administrator upon completion of the plans or termination of the services of the Consultant. There
shall be no restriction or limitation on their future use by the Owner, except any use on extensions of
the project or on any other project without written verification or adaptation by the Consultant for the
specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the
Consultant.
4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on
electronic media, as instruments of professional service. Nevertheless, the plans and specifications
prepared under this Agreement shall become the property of the Owner upon completion of the
services and payment in full of all moneys due to the Consultant.
4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to
the specifications listed in Attachment B. All electronic files will be submitted to the Owner by the
Consultant on CD or other mutually agreed upon medium. Any change to these specifications by
either the Owner or the Consultant is subject to review and acceptance by the other party. Additional
efforts by the Consultant made necessary by a change to the CADD software specifications shall be
compensated for as Additional Services.
4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the
respective -construction -documents -due to-addend-ctianye ul ders or utterer revisions. -I- rthe-evve of a ---
conflict between the signed construction documents prepared by the Consultant and electronic files,
the signed construction documents shall govern.
4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while
agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the
plans and specifications.
Page 4 of 19
4.2 Revision of Plans
4.2.1 Drafts of work products shall be submitted to the Contract Administrator by the Consultant for review
and comment. The comments received from the Contract Administrator and the reviewing agencies
shall be incorporated by the Consultant prior to submission of the final work product by the
Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily
completed and accepted work". Requests for changes on work products by the Contract
Administrator shall be in writing. In the event there are no comments from the Contract
Administrator or reviewing agencies to be incorporated by the Consultant into the final work product,
the Contract Administrator shall immediately notify the Consultant, in writing, that the work product
shall constitute "satisfactorily completed and accepted work".
4.2.2 In the event that the work product prepared by the Consultant is found to be in error and revision or
reworking of the work product is necessary, the Consultant agrees that it shall do such revisions
without expense to the Owner, even though final payment may have been received. The Consultant
must give immediate attention to these changes so there will be a minimum of delay during
construction. The above and foregoing is not to be construed as a limitation of the Owner's right to
seek recovery of damages for negligence on the part of the Consultant herein.
4.2.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and
accepted work product or parts thereof revised, the Consultant shall make such revisions if requested
and directed by the Contract Administrator in writing. This work will be paid for as provided in Article
4.3.
4.3 Extra Work
4.3.1 If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of
this Agreement, and constitutes "Extra Work", it shall promptly notify the Contract Administrator in
writing to that effect. In the event that the Contract Administratordetermines that such work does
constitute "Extra Work", the Owner will provide extra compensation to the Consultant upon the basis
of actual costs plus a fixed fee amount, or at a negotiated lump sum. Unless written approval for "Extra
Work" has been secured in advance from the Contract Administrator, and the Iowa DOT and the
FHWA (when applicable) concurs, no claims will be allowed. However, the Owner shall have benefit of
the service rendered.
4.4 Progress Meetings
4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at
the request of the Contract Administrator to discuss details of the design and progress of the work.
The Consultant shall prepare and present such information and studies as may be pertinent and
necessary or as may be requested by the Contract Administrator, to enable the Contract
Administrator to pass judgment on the features and progress of the work.
4.5 Additional Plans
4.5.1 At the request of the Contract Administrator, the Consultant shall fumish sufficient prints of plans or
other data in such detail as may be required, for the purposes of review of details and for plan -in -hand
and field check inspections.
4.6 Termination of Agreement
4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members
shall complete the work, unless otherwise mutually agreed upon by the Owner and the survivors.
4.6.2 The right is reserved by the Owner to terminate this Agreement at any time upon not less than thirty
(30) days' written notice to the Consultant.
4.6.3 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the
Consultant shall be paid for the reasonable and necessary work performed or services rendered and
delivered up to the effective date or time of termination. The value of the work performed and services
rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract
Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus
Page 5 of 19
actual costs. The portion of the fixed fee shall be based on the ratio of the actual costs incurred to the
estimated actual costs contained in Attachment C. Actual costs to be reimbursed shall be determined
by audit of such costs to the date established by the Contract Administrator in the termination notice,
except that actual costs to be reimbursed shall not exceed the Estimated Actual costs, plus any
authorized contingency.
4.6.4 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the
Consultant shall be paid only for work satisfactorily performed and delivered to the Contract
Administrator up to the date established by the termination notice. After audit of the Consultant's
actual costs to the date established by the Contract Administrator in the termination notice and after
determination by the Contract Administrator of the amount of work satisfactorily performed, the
Contract Administrator shall determine the amount to be paid to the Consultant.
4.6.5 The right is reserved by the Owner to suspend this Agreement at any time. The Contract
Administrator may effect such suspension by giving the Consultant written notice, and it will be
effective as of the date established in the suspension notice. Payment for the Consultant's services
will be made by the Owner to the date of such suspension, in accordance with paragraph 4.6.3 above.
4.6.6 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be
accomplished by thirty (30) days' written notice within a period of one year after such suspension,
unless this period is extended by written consent of the Consultant.
4.6.7 This Agreement will be considered completed when the construction of the project has progressed
sufficiently to make it clear that the construction can be completed without further revisions in that work,
or if the Consultant is released prior to such time by written notice from the Contract Administrator.
4.7 Extension of Time
4.7.1 The time for completion of each phase of this Agreement shall not be extended because of any delay
attributed to the Consultant, but may be extended by the Contract Administrator in the event of a
delay attributed to the -Owner or the Contract Administrator, or because of unavoidable delays
caused by an act of God, war, government actions, or similar causes beyond the reasonable control of
the Consultant.
4.8 Mediation
4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the Owner and the Consultant agree that all disputes between them
arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the
parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar
mediation provision in all agreements with independent contractors and Consultants retained for the
project and to require all independent contractors and Consultants also to include a similar mediation
provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained,
thereby providing for mediation as the primary method for dispute resolution between the parties to
those agreements.
4.9 Arbitration
4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of
the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be
settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to
the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this
paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Black Hawk County, Iowa.
4.10 Responsibility For Claims And Liability
4.10.1
The Consultant shall indemnify and save harmless the Owner, the Iowa Department of Transportation,
the State of Iowa, its agencies, employees and the Federal Govemment from all claims and liabilities to
the extent arising from design error, omission or negligent act of the Consultant, its members, agents,
stockholders, or employees in connection with performance of this Agreement.
Page 6of19
4.11 Non -Raiding Clause
4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the
Owner, for work covered by this Agreement without the written consent of the employer of such person.
4.12 General Compliance With Laws
4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the
work.
4.13 Subletting, Assignment Or Transfer
4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is
prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and
the FHWA (when applicable) concurs.
4.14 Forbidding Use of Outside Agents
4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it
has not paid or agreed to pay any company or person, other than bona fide employees working solely
for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the Owner shall have the right to annul the Agreement without liability, or in its discretion to
deduct from the Agreement price. or consideration or otherwise recover the full amount of such fee,
commission, percentage, brokerage fee, or counterpart fee.
4.15 Consultant's Endorsement On Plans
4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall
affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of
Iowa, in accordance with the current Code of Iowa.
4.16 Compliance With Title 49, Code Of Federal Regulations
4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in
interest agree as follows:
4.16.1.1 Compliance with Regulations
4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to
nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49,
Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein
incorporated by reference and made a part of this Agreement.
4.16.1.2 Nondiscrimination
4.16.1.2.1The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race,
religion, age, physical disability, color, sex or national origin in the selection and retention of
subconsultants, including procurement of materials and leases of equipment. The Consultant will not
participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the Agreement covers a program set forth in the
Regulations.
4.16.1.3 Solicitation for Subconsultants, Including Procurement of Matenals and Equipment
4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be
performed under a subcontract, including procurement of materials or equipment, each potential
subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this
contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical
disability, sex, or national origin.
Page 7 of 19
4.16.1.4 Disadvantaged Business Enterprises
4.16.1.4.1 The Consultant or its subconsultants agree(s) to ensure that disadvantaged business enterprises
(DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance
of contracts and subcontracts financed in whole or in part with Federal funds provided under this
Agreement. In this regard the Consultant and all of its subconsultants shall take all necessary and
reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business
enterprises have the maximum opportunity to compete for and perform contracts. The Consultant and
their subconsultants shall not discriminate on the basis of race, religion, age, physical disability, color,
sex or national origin in the award and performance of U.S. DOT assisted contracts. If, as a condition
of assistance, the Iowa DOT has submitted to the U.S. DOT, or the Consultant has submitted to the
Iowa DOT, and the U.S. DOT or Department has approved a disadvantaged business enterprise
affirmative action program which the Iowa DOT and/or Consultant agrees(s) to carry out, this
program(s) is incorporated into this Agreement by reference. This program shall be treated as a legal
obligation and failure to carry out its terms shall be treated as a violation of this financial assistance
agreement.
Upon notification to the Consultant of its failure to carry out the approved program, the Owner, the
Iowa DOT, and/or the U.S. DOT shall impose sanctions, which may include termination of the
Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT
financial assistance. The Consultant or any of its subconsultants are hereby advised that failure to
fully comply with the Iowa Department of Transportation's DBE Program shall constitute a breach of
contract and may result in termination of this Agreement or agreement(s) by the Owner or such remedy
as the Owner deems appropriate. Refer to Article 4.6 of the Agreement.
4.16.1.5 Information and Reports
4.16.1.5.1 The Consultant will provide all information and reports required by the regulations, orders and
instructions issued pursuant thereto, and will permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the Owner, the Iowa DOT, or the
FHWA, to be pertinent to ascertain compliance with regulations, orders and instructions. Where any
information required of a Consultant is in the exclusive possession of -another who fails or refuses to
furnish this information, the Consultant shall so certify to the Owner, the Iowa DOT, or the FHWA, as
appropriate, and shall set forth what efforts it has made to obtain information.
4.16.1.6 Sanctions for Noncompliance
4.16.1.6.1 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this
Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA, may
determine to be appropriafe, including, but not limited to:
...1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or
...1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part
4.16.1.7 Incorporation of Provisions
4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in
every subagreement, including procurements of materials and lease of equipment, unless exempt by
the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action
with respect to any subagreement or procurement as the Owner, Iowa DOT, or FHWA may direct as a
means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in
the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or
upplier-as-a-result-of=sueh-direetiorrt-he-Co rsuftant- ay -request -the --Owner, tl lawa-DO-TTor-the
Untied States to enter into such litigation to protect the interests of the Owner, the Iowa DOT, and the
Unites States, respectively.
4.17 Access To Records
4.17.1 The Consultant is to maintain all books, documents, papers, accounting records and other evidence
pertaining to this Agreement and to make such materials available at their respective offices at all
reasonable times during the agreement period, and for three years from the date of final payment under
Page 8 of 19
the Agreement, for inspection and audit by the Owner, Iowa DOT, FHWA, or any authorized
representatives of the Federal Government and copies thereof shall be furnished, if requested.
4.18 Iowa DOT and Federal Highway Administration Participation
4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT
and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway
Administration shall have the right to participate in the conferences between the Consultant and the
Owner and to participate in the review or examination of the work in progress.
4.19 Severability
If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
4.20 Choice of Law and Form
The laws of the State of Iowa shall govem and determine all matters arising out of or in connection with
this agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding
of a quasi-judicial or judicial nature is commenced in connection with this agreement, the exclusive
jurisdiction for the proceeding shall be brought in the Black Hawk County District Court for the State of
Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability
including without limitation sovereign immunity in State or Federal court, which may be available to the
Owner.
4.21 Consequential Damages
Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of
good will; cost of substitute facilities, goods, or services; cost of capital; or for any special,
consequential, indirect, punitive, or exemplary damages.
4.22 Testing and Observations
Owner understands that testing and observation are discrete sampling procedures, and that such
procedures indicate conditions only at the depths, locations, and times of the procedures were
performed. Consultant will provide test results and opinions based on tests and field observations only
for the work tested. Owner understands that testing and observation are not continuous or exhaustive,
and are conducted to reduce — not eliminate — project risk. Owner agrees to the level or amount of
testing performed and the associated risk. Owner is responsible (even if delegated to contractor) for
requesting services, and notifying and scheduling Consultant so Consultant can perform these
Services. Consultant is not responsible for damages caused by services not performed due to a failure
to request or schedule Consultant 's services. Consultant shall not be responsible for the quality and
completeness of Owner's contractor's work or their adherence to the project documents, and
Consultant's performance of testingand observation services shall not relieve Owner's contractor in
any way from its responsibility for defects discovered by Owner's contractor or its subcontractors And is
not responsible for their means and methods.
4.23 Standard of Care
Consultant will perform the services in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions in the same locale.
4-24 Site Acvess_audl Safety.
Owner shall secure all necessary site related approvals, permits, licenses, and consents necessary to
commence and complete the Services and will execute any necessary site access agreement.
Consultant will be responsible for supervision and site safety measures for its own employees, but shall
not be responsible for the supervision or health and safety precautions for any third parties, including
Owner's contractors, subcontractors, or other parties present at the site.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below indicated.
Terracon, Inc.
0/V
m e 'ect Manager
City/ Waterloo
Date:N I O � ioa
Date:
Earnest G. Clark, Mayor
Iowa Department of Transportation
Accepted for FHWA Authorization*
poia
By: Date:
Craig Markley
Director
Office of Systems Planning
* The Iowa DOT is not a party to this agreement. However, by signing this agreement, the Iowa DOT is indicating
the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds.
Page l0 of 19
ATTACHMENT A
rrac
SCOPE OF SERVICES
Terracon will provide employees appropriately trained and equipped to respond to the testing
needs of this project as requested by the Client or Client's designated representative. Based on
our review of the project plans and information you provided during our meeting on July 24,
2009, we understand the scope of the on-call services will be as follows:
Engineered Fill Observation and Testing
• Perform nuclear field density tests on compacted fill and associated laboratory
testing.
Foundation/Subgrade Observation and Testing
• Observe/test bearing materials for foundations. Bearing materials would be tested
for field consistency (calibrated penetrometer) by obtaining samples to a maximum
depth of 3 feet below bearing level with a hand auger, thin-walled tube, or other
method.
• It should be noted that soil borings were not performed for this project. Footing
observation and testing will only consist of evaluating soil conditions to limited
shallow depths below footing bearing elevation using hand held auger equipment at
limited locations. Thus, soils at deeper depths may affect foundation performance.
• Our scope requires the contractor to supply adequate means to safely enter and exit
the excavations.
Structural Concrete Testing
• Perform slump, air content, temperature tests, and casting of compressive strength
specimens. Cylinders will be 4" by 8" as allowed by the current ASTM C31 standard.
• Our scope assumes concrete cylinders will be retrieved for lab testing during
the next scheduled visit or within 48 hours of the pour per the ASTM standard.
However, a separate trip to retrieve samples will not be performed on
weekends or holidays unless authorized by our client.
Concrete Compressive Strength Testing
• Perform compressive and flexural strength testing on specimens made by Terracon.
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Terracon Consultants, Inc. 6612 Chancellor Drive, Ste. 102 Cedar Falls, Iowa 50613
P 319 277 4016 F 319 277 4320 terracon.com
Proposal for Construction Testing Services
Lou Henry Hoover Memorial Sculpture Garden Waterloo, Iowa
August 2, 2012 al Agreement Reference No. CF12297 / 13121109
lierracon
Reinforcing Steel Observations
• May perform periodic observation of reinforcing steel placement (walls taller than 5
feet need to be observed before both forms are set to see all steel and a second time
just prior to concrete placement to verify clearance).
Concrete Pavement Testing
• Perform slump, air content, temperature tests, and casting of flexural strength
specimens by the current ASTM C143, C231, and C1064 standards.
• Our scope assumes concrete beams will be retrieved for lab testing during the
next scheduled visit or within 48 hours of the pour per the ASTM standard.
However, a separate trip to retrieve samples will not be performed on
weekends or holidays unless authorized by our client.
PCC Plant Monitoring
• Perform plant monitoring in accordance with current Iowa DOT specifications.
Project Management
• Project direction, coordination, client meetings, reporting and supervision of
laboratory and field services.
Responsive 73 Resourceful w Reliable
Page 12 of 19
ATTACHMENT C (referenced from 3.1)
Fees and Payments - Unit Price
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the
terms of this Agreement, the Consultant shall be paid fees on a unit price basis in accordance with the
following fee schedule. Maximum amount payable is the total cost of $ $10,000.
The maximum amount payable will not be changed unless there is substantial change in the magnitude,
scope, character, or complexity of the services from those covered in this Agreement. Any change in
the maximum amount payable will be by Supplemental Agreement.
A contingency amount of $ zero has been established for this Agreement and is included in the
maximum amount payable. If needed, The Consultant shall submit a written request for use of the
contingency to the Contract Administrator. Written approval by the Contract Administrator and
concurrence by the Iowa DOT and FHWA (when applicable) are needed prior to usage of the
contingency amount.
3.1.1.2 Reimbursable Costs. Reimbursement of costs is limited to those that are allowable under the
provisions of Title 48, Subchapter E, Section 31.105 and Subpart 31.2 of the current Federal
Acquisition Regulation.
3.1.1.3 Premium Overtime Pay. Not applicable.
3.1.1.4 Payments. Monthly payments for work completed shall be based on the services completed at the
time of billing and substantiated by monthly progress reports in a form that follows unit prices in fee
schedule. The Contract Administrator will check such progress reports and payment will be made for
the unit amounts completed.
Upon completion, delivery and acceptance of all work contemplated under this Agreement, the
Consultant shall submit one complete invoice statement of costs incurred and/or amounts earned.
Payment of 100% of the total cost claimed will be made upon receipt and review of such claim. The
Consultant agrees to reimburse the Owner for possible overpayment determined by final audit.
Page 13 of 19
FEE SCHEDULE
BUDGET ESTIMATE
Construction Observation and Testing Services
Lou Henry Hoover Memorial Sculpture Garden
Waterloo, Iowa
Project No. 13121109 Proposal No. CF12297
TERRACON
8/2/2012
DESCRIPTION
QUANTITY
I UNIT
UNIT PRICES
TOTAL COST
COMPACTION TESTING
We estimate 5 to 9 trips to perforin in-place field density testing of compacted fill soils. We ant ate 2.0 hours of technician time
Son Compaction Testing
10 - 18
hour
$48.00
$ 480.00 - $ 828.00
In -Place Field Density Tests
25 - 35
each
55.00
$ 125.00 - $ 175.00
Trip Charge*
5 - 9
trip
513.00
$ 85.00 - 5 117.00
ESTIMATED COMPACTION TESTING SERVICES
$ 650.00 - $ 1,100.00
LABORATORY TESTING SERVICES
Plasticity Index of Soils
0 - 2
each
570.00
$ - - $ 140.00
Standard Proctor Tests - Soil
1 - 3
each
$105.00
$ 105.00 - $ 315.00
Standard Proctor Tests - Coarse Aggregate
1 - 2
each
5120.00
$ 120.00 - $ 240.00
Plasticity Index of Soils
-
each
570.00
$ - - $ -
Consfant Head Pemaeabnily
-
each
5200.00
$ - - $ -
Steve Analysis (Washed)
1 - 4
each
5125.00
$ 125.00 - $ 500.00
Grain Size Analysts (Sieve and Hydrometer)
-
each
9150.00
$ - $ -
Tdp Charge*
-
trip
$ - - $ -
ESTIMATED LABORATORY TESTING SERVICES
$ 350.00 - $ 1,200.00
SUBGRADE OBSERVATION AND TESTING
We estimate 1 to 2 trips for observation and testing of subgrade sons. We anticipate 1.5 hags of technician time per trip.
Subgrade Observations
2 - 3
hour
$81.00
$ 91.50 - $ 183.00
Trip Charge'
1 - 2
Will
513.00
$ 13.00 - $ 28.00
ESTIMATED SUBGRADE OBSERVATION AND TESTING SERVICES
$ 100.00 - $ 200.00
FOUNDATION OBSERVATION AND TESTING
We estimate 2 to 4 trips for observation and testing of foundation beantng sons. We anticipate 2 hours of technician time per trip.
Foundation Observations
4 - 8
hour
$81.00
$ 244.00 - $ 488.00
Trip Charge'
2 - 4
trip
513.00
$ 28.00 - $ 52.00
ESTIMATED FOUNDATION OBSERVATION AND TESTING SERVICES
$ 250.00 - $ 550.00
CONCRETE PLANT MONITORING
We estimate 2 to 5 trips for plant monitoring. We anticipate 3 hours of technician time per trip.
Plant Monitoring
8 - 15
hour
5105.00
5 830.00 - $ 1575.00
Trip Charge'
2 - 5
trip
513.00
$ 28.00 - 5 85.00
ESTIMATED FOUNDATION OBSERVATION AND TESTING SERVICES
$ 650.00 - $ 1,650.00
CAST -IN-PLACE CONCRETE TESTING
Based on an estimated 2 to 5 concrete pours. We anticipate 2 to 5 trips and 2.0 hours of tedmidan time per trip to perform slump, air content, temperature, and molding of
mmprassive strength cylinders. The estimated number of trip charges assumes concrete will be placed and field-tested during the same trip as reinforcing steel
observation. Our snipe assumes concrete cylinders will be retrieved for lab testing during the next scheduled vial% however we estimate 2 additional trips al 1 hour each
vont be required to retrieve concrete cylinders from the she after Initial curing (within 48 hours) for laboratory curing and tasting.
Concrete Testing
4 - 10
hour
548.00
$ 184.00 - $ 480.00
Sample Pick -Up
2 - 2
hour
$48.00
$ 92.00 - $ 92.00
Compressive Strength Test Cylinders (Laboratory Cure)
10 - 25
each
512.00
$ 120.00 - $ ' 300.00
Cold Weather Protection Equipment (Heated Cure Box)
-
day
$10.00
$ - - $ -
Tdp Charge*
4 - 7
trip
513.00
$ 52.00 - $ 91.00
ESTIMATED CAST4N-PLACE CONCRETE TESTING SERVICES
$ 450.00 - $ 950.00
REINFORCING STEEL OBSERVATIONS
We anarrpat 2 ee S tdps.and o 5 hems or to h)rlao Bye per trip to perforin reinforcing steel observations. The estimated number of bin charoes assumes Concrete will
Reinforcing Steel Observations
1 - 3
hour
581.00
$ 81.00 - $ 152.50
Trip Charge*
0 - 1
trip
513.00
$ - - $ 13.00
ESTIMATED REINFORCING STEEL OBSERVATION SERVICES
$ 50.00 - $ 150.00
Page 14 of 19
FEE SCHEDULE
BUDGET ESTIMATE
Construction Observation and Testing Services
Lou Henry Hoover Memorial Sculpture Garden
Waterloo, Iowa
CONCRETE PAVING TESTING SERVICES
TERRACON
8/2/2012
Based on an estimated 5 to 7 concrete paving pours. We anticipate 5 to 7 trips and 2 hours of technician tirne per trip to perform slump, air content, temperature, and
molding of compresslve strength cylinders (4'x8"). Our scope assumes concrete cylinders will be retrieved for tab testing during the next scheduled visit however we
estimate 1 additional trip at 1 hour each will be required to retrieve concrete cylinders from the site after initial curing (within 48 hours) for laboratory curing and testing.
Concrete Testing
10 - 14
hour
546.00
$ 460.00 - $ 844.00
Sample Pick -Up
1 - 1
hour
$48.00
$ 46.00 - $ 48.00
Concrete Compressive Strength Test Cylinders (Laboratory Cure)
-
each
512.00
$ - - $ -
Concrete Flexural Strength Test- Center Point (Laboratory Cure)
10 - 14
each
$35.00
$ 350.00 - $ 490.00
Cold Weather Protection Equipment (Heated Cure Box)
-
day
510.00
$ - - $ -
Trip Charge'
5 - 7
trip
513.00
$ 65.00 - $ 91.00
ESTIMATED CONCRETE PAVING TESTING SERVICES
ENGINEERING SERVICES
Project direction, coordbnation, r =µrnlny, and su
$ 900.00 - $ 1,250.00
Senior Project Engineer/Manager
• -----
1 - 4
hour
599.00
$ 99.00 - $ 396.00
Project Manager
20 - 30
hour
575.00
$ 1,500.00 - 5 2250.00
Adrrdnfstrative Services
5 - 10
hour
$30.00
$ 150.00 - $ 300.00
ESTIMATED ENGINEERING SERVICES
UTOTAL ESTIMATED SERVICES
$ 1,750.00 - $ 2,950.00
'Includes vehicle and mileage
$ 5,150.00 - $ 10,000.00
Page 15 of 19
ATTACHMENT D
Certification .Regarding Debarment, Suspension, and other Responsibility Matters
— Primary Covered Transactions
Instructions for Certification
By signing and submitting this proposal, the prospective primary participant is providing the certification set out
below.
1. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective participant shall submit an explanation of why it
cannot provide the certification set out below. The certification or explanation will be considered in connection
with the department or agency's determination whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an explanation shall disqualify such person from
participation in this transaction.
2. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause of default.
3. The prospective primary participant shall provide immediate written notice to the department or agency to
whom this proposal is submitted if at any time the prospective primary participant leams that its certification
was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person" "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the definitions and coverage sections of the rules
implementing Executive Order 12549. You may contact the department or agency to which this proposal is
being, submitted for assistance in obtaining a copy of those regulations.
5. The prospective primary participant agrees by submitting this proposal that should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or agency entering into this transaction.
6. The prospective primary participant further agrees by submitting this proposal that it will include the clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transaction," provided by the department or agency entering into this covered transaction, without
modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,
check the Nonprocurement List
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order
to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9.Esc-oeptfor-transactions-authorized-under-pa ragraph-6-of these-instruetio if-a-partiGipaet-in-a-eovered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available
to the Federal Government, the department or agency may terminate this transaction for cause or default.
Page 16 of 19
Certification Regarding Debarment, Suspension, and other Responsibility Matters
- Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud ora criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public
transaction; violation of Federal or State Antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a govemmental entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
(d) Have not within a three-year period preceding this application /proposal had one or more public
transactions (Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
State of Iowa
Black Hawk County
I Wade Hammersley, Project Manager of the Terracon, Inc., being duly swom (or under penalty of perjury under
the laws of the United States and the State of Iowa) do hereby certify that the above statements are true and
correct.
Subscribed and sworn to this
day of I4J Gj 0&4-
29a_
Lisa Gallery
Iowa Notarial Seal
Commission number 745542
My Commission Expires 02/23/13
Page 17 of 19
ATTACHMENT E
Certification of Consultant
I hereby certify that 1, Wade Hammersley, am the Project Manager and duly authorized representative of the firm
of Terracon, Inc. whose address is 66612. Chancellor Drive, Suite '102, Cedar Falls, Iowa 506131, and that neither
I nor the above firm here represented has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above Consultant) to
solicit or secure this contract,
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out the contract, or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above Consultant) any fee, contribution, donation or consideration of any kind for, or
in connection with, procuring or carrying out the contract except as here expressly stated (if any):
I acknowledge that this certificate is to be fumished to the Iowa Department of Transportation and the Federal
Highway Administration, U.S. Department of Transportation, in connection with this contract involving participation
of Federal -aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil.
Made this day of
Page 18 of 19
SSL
Lisa Gallery
Iowa Notarial Seal
Commission number 745542
My Commission Expires 02/23/13
ATTACHMENT F
Certification of Owner
I hereby certify that I, Jeff Bales, am the Associate Engineer, and the duly authorized representative of the Owner,
and that the above consulting firm or its representative has not been required, directly or indirectly as an express
or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as here expressly stated (if any):
I acknowledge that this certificate is to be fumished the Iowa DOT and the Federal Highway Administration, U.S.
Department of Transportation, in connection with this contract involving participation of Federal -aid highway
funds, and is subject to applicable State and Federal laws, both criminal and civil.
(signature)
Made this day of
Page 19of19