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HomeMy WebLinkAboutTerracon, Inc-8/20/2012 (2)Please 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 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: in the year 1 ; 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 Responsibility 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 Consultant's 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 2 of 19 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. 1.2 Financial Parameters 1.2.1 The financial parameters are; Amount of the Owner's budget for the Consultant's compensation is: $10,000 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: Zero 1.3 Project Team 1.3.1 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 negotiations, 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. Page 3 of 19 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 subconsultants 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 -addenda -change ureters ur utherrevisions. n the evernt 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 Administrator determines 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, govemment 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 Government 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 6 of 19 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 priceor 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 Materials 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 appropriate, 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 supplier -as a -result -of -such direction,_ the-C-onsulta rt=may-request-the-Owner the-iowa-pOH orae 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 fumished, 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; Toss 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 Consultants performance of testing and 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- SiteiAccess-and-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. Page 9of19 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. ect Manager City/ Waterloo .."0°`-'24t—/ Eamest G. Clark, Mayor Iowa Department of Transportation Accepted for FHWA Authorization* By: Craig Dire Off of Systems Planning Date: Date: Date: Jo 9Ja 909- 9- , A7©ia * 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 10 of 19 ATTACHMENT A lierracon 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. Page 11 of 19 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 g Waterloo, Iowa August 2, 2012 ® 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 Resourceful 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 8122012 iDESCRIPTION QUANTITY • UNIT UNIT PRICES TOTAL COST COMPACTION TESTING We estimate 5 to 9 trips to perform in-place field density testing of compacted SI soils. We anticipate 2.0 hours of technician time per trip. Son Compaction Testing 10 - 18 hour $46.00 $ 460.00 - $ 828.00 In -Place Field Density Tests 25 - 35 each $5.00 $ 125.00 - 5 175.00 Trip Charge' 5 - 9 trip 513.00 $ 65.00 - $ 117.00 ESTIMATED COMPACTION TESTING SERVICES $ 650.00 - $ 1,100.00 LABORATORY TESTING SERVICES Plasticity Index of Sons 0 - 2 each 570.00 $ - - $ 140.00 Standard Proctor Tests -Son 1 - 3 each 5105.00 $ 105.00 - $ 315.00 Standard Proctor Tests - Coarse Aggregate 1 - 2 each 5120.00 $ 120.00 - $ 240.00 Plasticity Index of Soils - each $70.00 $ - - $ - Constant Head Permeability - each $200.00 $ - - $ - Sieve Analysis (Washed) 1 - 4 each 5125.00 $ 125.00 - $ 500.00 Grain Size Analysis (Sieve and Hydrometer) - each $150.00 $ - $ - Trip 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 hours of technician time per trip. Subgrade Observations 2 - 3 hour 561.00 $ 91.50 - $ 183.00 Trip Charge' 1 - 2 trip 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 bearing ands. We anticipate 2 hours of technician time per trip. Foundation Observations 4 - 8 hour $61.00 $ 244.00 - $ 488.00 Trip Charge* 2 - 4 MP 513.00 $ 26.00 - $ 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 6 - 15 hour 5105.00 $ 630.00 - $ 1575.00 Trip Charge' 2 - 5 trip 313.00 $ 28.00 - $ 65.00 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 technician time per trip to perforin slump, air content, temperature, and molding of compressive strength cylinders. The estimated number of trip charges assumes concrete will be placed and field-tested during the sauna trip as reinforcing steel observation. Our scope assumes concrete cylinders will be retrieved for tab testing during the next scheduled visit however we estimate 2 additional trips 511 hour each will be required to retrieve concrete cylinders from the site alter initial wring (within 48 hours) for laboratory curing and testing. Concrete Testing 4 - 10 hour $46.00 $ 184.00 - $ 460.00 Sample Pick -Up 2 - 2 hour $46.00 $ 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 510.00 $ - - $ - Trip Charge' 4 - 7 trip $13.00 $ 52.00 - $ 91.00 ESTIMATED CAST -IN-PLACE CONCRETE TESTING SERVICES $ 450.00 - $ 950.00 REINFORCING STEEL OBSERVATIONS We_anticipate 2 to 5 trip and 0 5 touritof t cony nJFme_per tip Io form rei femme steel observations. The estimated number of trip chanes assumes concrete w0 beplacedand field -tested -during the same -trip -as- reinforcing -steel-observation. Reirfo, .ing Steel Observations 1 - 3 hour $61.00 $ 61.00 - $ 152.50 Trip Charge' 0 - 1 trip 313.00 $ - - $ 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 time per trip to perform slump, air content, temperature, and molding of compressive strength cylinders (4"x8"). Our scope assumes concrete cylinders will be retrieved for lab 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 $46.00 $ 460.00 - $ 644.00 Sample Pick -Up 1 - 1 hour $46.00 $ 46.00 - $ 46.00 Concrete Compressive Strength Test Cylinders (Laboratory Cure) - each $12.00 $ - - $ - 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 $10.00 ' $ - - $ - Trip Charge* 5 - 7 trip $13.00 ', $ 65.00 - $ 91.00 ESTIMATED CONCRETE PAVING TESTING SERVICES $ 900.00 - $ 1,250.00 ENGINEERING SERVICES Project direction, coordination, reporting, and supervision of field and laboratory services. Senior Project EingineerfManager 1 - 4 hour $99.00 $ 99.00 - $ 396.00 Project Manager 20 - 30 hour $75.00 $ 1,500.00 - $ 2250.00 Administrative Services 5 - 10 hour $30.00 $ 150.00 - $ 300.00 ESTIMATED ENGINEERING SERVICES $ 1,750.00 - $ 2,950.00 TOTAL ESTIMATED SERVICES 'Includes vehicle and mileage $ 5,150.00 - $ 10,000.00 1 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 Govemment, 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. Except -for -transactions -authorized -under paragrapher-af-these-instructions; if a participant -in -a -covered 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 or -a 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 governmental 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 sworn (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 :;10 , day of 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 I, 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 50613], and that neither 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 furnished 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 ,90 day of \i , Lisa Gallery Iowa Notarial Seal Commission number 745542 My Commission Expires 02/23/13 Page 18 of 19 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