HomeMy WebLinkAboutTerracon-4/16/2012lierracon
April 10, 2012
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
Attn: Mr. Chris W. Western
P: 319-291-4366
CHRIS.W ESTERNRWATERLOO-IA.ORG
Re: Proposal Letter
Construction Observation and Testing Services
820 and 910 Sycamore Demolition Backfill
Waterloo, Iowa
Terracon Proposal No. CF12145
Dear Mr. Western:
Terracon Consultants Inc. (Terracon) appreciates the opportunity to submit this proposal to
provide construction materials testing services for the referenced project. This proposal
presents our understanding of the project, proposed services, and our unit rate schedule.
A. PROJECT INFORMATION
We understand the project consists of the demolition and backfill of two buildings, one at 820
and one at 910 Sycamore Street in Waterloo, Iowa.
B. 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
information you provided during a phone conversation on April 4, 2012, 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.
Terracon Consultants, Inc. 6612 Chancellor Drive, Ste. 102 Cedar Falls, Iowa 50613
P 319 277 4016 F 319 277 4320 terracon.com
Geotechnical • Environmental • Construction Materials • Facilities
Proposal for Construction Testing Services
820 and 910 Sycamore Demolition Backfill o Waterloo, Iowa
April 10, 2012 o Agreement Reference No. CF12145
C. COMPENSATION
lierracon
Based on the scope of services presented in this proposal and the attached Budget Estimate, we
propose a fee of $1,300 to $2,650 for this project. Please note that this is only a budget estimate
and not a not -to -exceed price. Many factors, including those out of our control such as weather
and the contractor's schedule, will dictate the final fee for our services. The technician's time
will be charged portal to portal. The project manager's time will consist of project coordination,
direction, and preparation of reports of the test results. Administrative services will include
dispatching, data entry and electronic report distribution through our CMELMS project
management system. Invoices for services provided will be sent to your attention at the above
address.
D. SCHEDULING
Terracon's services will be performed on an as -requested basis with scheduling by the
Contractor or owner's representative. The scope of services provided in this proposal does not
construe a warranty that Terracon intends to perform all required testing, inspection, or
observation services required by the project documents. The proposed scope of services is
limited to the services described above. Terracon will not be responsible for scheduling our
services and will not be responsible for tests that are not performed due to a failure to schedule
our services on the project. Since our personnel will not be at the site on a resident basis, it will
be imperative that we be advised when work is in progress. Services should be scheduled a
minimum of 24 hours in advance. Scheduling personnel will be on an as available basis, which
may require changes in personnel assigned to the project. All requests for services should be
submitted to this office, (phone 319-277-4016) and should not be scheduled through our field
personnel.
D. AUTHORIZATION
If you are in agreement with the outlined scope of services and attached terms and conditions,
please sign the attached Agreement for Services and return one copy for our file. This
Agreement, including the limitations it contains, shall constitute the exclusive terms, conditions
and services to be performed for this project. It will be inferred that you are in agreement with
the above scope of services and enclosed terms and conditions unless we are notified in
writing. Terracon's total fee is due within thirty days following receipt of invoice. This proposal
is valid only if authorized within sixty days from the listed proposal date. Please be aware that
we will be unable to distribute field and laboratory reports until a signed contract is received. In
addition, we request a complete set of plans and specifications prior to the start of the project.
We should also be copied on all revisions related to our services. A faxed or emailed copy of
the signed Agreement for Services can also be submitted to expedite the commencement of
services, but we request that a signed original follow.
Responsive El Resourceful Ei Reliable 2
Proposal for Construction Testing Services
820 and 910 Sycamore Demolition Backfill o Waterloo, Iowa
April 10, 2012 Agreement Reference No. CF12145
lierracon
We appreciate the opportunity to provide this proposal and look forward to continuing our
working relationship with you on this project. Please call the undersigned if you have any
questions regarding this proposal.
Sincerely,
Terracon Consultants, Inc.
41.darri, /1--6112,arit/i
..wiegYariaL
Wase Hammersley Rick Lockhart
Project Manager Office Manager
Construction Materials Services Principal
Cc:
(2) - Client
(1) - File
Attachments: Budget Estimate
Agreement For Services
Responsive E Resourceful E Reliable 3
BUDGET ESTIMATE
Construction Observation and Testing Services
820 and 910 Sycamore Street Demolition
Waterloo, Iowa
Proposal No. CF12145
TERRACON
4/10/2012
LDESCRIPTION
QUANTITY
UNIT
UNIT PRICES
TOTAL COST
COMPACTION TESTING
We estimate 8 to 16 trips to perform in-place field density testing of compacted fill soils. We anticipate 2 hours of technician time pe trip.
Soil Compaction Testing
16 - 32
hour
$46.00
$ 736.00 - $ 1472.00
Standard Proctor Tests - Soil
1 - 1
each
5105.00
$ 105.00 - $ 105.00
Standard Proctor Tests - Coarse Aggregate
0 - 1
each
$120.00
$ - - $ 120.00
In -Place Field Density Tests
32 - 64
each
55.00
$ 160.00 - $ 320.00
Trip Charge*
8 - 16
trip
$14.00
$ 112.00 - $ 224.00
ESTIMATED COMPACTION TESTING SERVICES
$ 1,100.00 - $ 2,250.00
ENGINEERING SERVICES
Project direction, coordination, reporting, and supervision of field and laboratory services.
Senior Project Engineer/Manager
-
hour
$99.00
$ - - $ -
Project Manager
2 - 4
hour
$75.00
$ 150.00 - $ 300.00
Administrative Services
2 - 3
hour
$30.00
$ 60.00 - $ 90.00
ESTIMATED ENGINEERING SERVICES
$ 200.00 - $ 400.00
Includes vehicle and mileage
1 !rracon
AGREEMENT FOR SERVICES
Reference Number: CF12145
This AGREEMENT is between City of Waterloo ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client
on the 820 and 910 Sycamore Demolition Backfill project ("Project), as described in the Project Information section of Consultant's Proposal dated 4/10/2012
("Proposal") unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement).
1. Scope of Services. The scope of Consultant's services is described in the Scope of Services section of the Proposal ("Services"), unless Services
are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be
subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address
the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as
vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license
agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant
at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees
earned to the date of termination plus reasonable costs of closing the project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation
section of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If
not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued.
Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address
below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed
portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older.
Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely
payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if
prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay
the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages.
Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating
prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a limited time
period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon with Client, however Client
understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consultant receives the
agreed-upon reliance fee.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO
THE GREATER OF $25,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES
(INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. UPON WRITTEN
REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION. THIS LIMITATION
SHALL APPLY REGARDLESS OF AVAILABLE INSURANCE COVERAGE, CAUSE(S) OR THE THEORY OF LIABILITY, INCLUDING
NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER
CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
is explicitly waived under this Agreement. Causes of action arising out of Consultant's services or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant's substantial completion of services on the project.
8. Warranty. 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. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS
OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES
IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii)
Page 1 of 2
Rev. 8-10
1 !erracon
commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single
limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant
shall waive subrogation against the other party on all general liability and property coverage.
10. 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.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated
the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on Togs of discrete borings, test pits, or other
exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce - not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client 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 Client's contractor's work or their adherence to the project documents, and Consultant's performance of
testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a
warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for
their means and methods.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests (unless
stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client
that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected
Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that
Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services, and that Client is responsible for
directing such disposition. In the event that test samples obtained during the performance of Services (i) contain substances hazardous to health,
safety, or the environment, or (ii) equipment used during the Services cannot reasonably be decontaminated, Client shall sign documentation (if
necessary) required to ensure the equipment and/or samples are transported and disposed of properly, and agrees to pay Consultant the fair market
value of this equipment and reasonable disposal costs. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any
Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate govemmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site. Accordingly, Client waives any claim
against Consultant and agrees to indemnify and save Consultant, its agents, employees, and related companies harmless from any claim, liability or defense
cost, including attorney and expert fees, for injury or loss sustained by any party from such exposures allegedly arising out of Consultant's non -negligent
performance of services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or
local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are
incorrectly shown on the plans fumished to Consultant.
17. Site Access and Safety. Client 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 other parties, including Client, Client's
contractors, subcontractors, or other parties present at the site.
Consultant:
Terracon Consultants, Inc.
By: �l�� � 1.1.1,) .// Date: 4/10/2012
Name ' tr, Wade H; mersley / Project Manager
Address: 6612 Chance lor Drive, Suite 102
Cedar Falls, Iowa 50613
Phone: 319.277.4016 Fax: 319.277.4320
Page 2 of 2
Client: City of Waterloo
By:
Name/Title:
Date:
vll?S'� &, t�rA-°fit
Address: 715 Mulberry Street
Waterloo, IA 50703
Phone: 319.291.4366 Fax: 319.291.4262
Reference Number: CF12145
Rev. 8-10