HomeMy WebLinkAboutTerracon Consultants Inc-4/5/2010March 12, 2010
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Attention: Mr. Noel Anderson
Re: Proposal Letter
Construction Observation and Testing Services
Rath Packing Demolition Backfill
Waterloo, Iowa
Terracon Proposal No. CF10057
Dear Mr. Anderson:
lierracon
t
MAR 1 5 2013
L O®,
Terracon would be pleased to provide construction observation and testing services for the
above referenced project.
Attached to this letter is our Agreement for Services including Exhibits A, B, and C. Our
invoices will be submitted to your attention at the above referenced address. The attached
Agreement for Services is considered a part of our contract for services and will be
incorporated by reference into our agreement. To execute this agreement, please sign and
return one copy of this contract to our office at the below address.
We would appreciate the opportunity to be of service to you on this project. Should you have
any questions concerning the details of this confirmation letter or the attached Agreement for
Services, please contact us.
Sincerely,
1Ferracon
Consultants, Inc.
Cameron Blinn
Department Manager CMT
CWB/REL:Iag\Proposals 2010\CF10057
Copies to: Addressee (2)
Rick Ld khart
Office Manager
Terracon Consultants, Inc. 6612 Chancellor Drive, Suite 102 Cedar Falls, Iowa 50613
P [319] 277 4016 F [319] 277 4320 terracon.com
Construction Materials
lferracon
Agreement Reference No. CF10057
Date of Agreement: March 12, 2010
AGREEMENT FOR SERVICES
EXHIBIT A
Project Information
We understand the project consists of removing and replacing the existing fill placed during the initial
demolition and backfill of a former Rath Packing plant facility in Waterloo, Iowa.
EXHIBIT B
Scope of Services
We understand the scope of our services will be limited to field density testing of site fills with associated
laboratory testing. It should be noted that our scope of services does not include approval/acceptance of the
subgrade soils below or adjacent to the overexcavation area. These services will be provided on a fulltime
basis when notified by the contractor of work in progress or by you or your field representative.
Results of our testing will be submitted verbally to authorized personnel upon completion. Written summaries
of observations and testing will also be submitted to your attention at the above address.
EXHIBIT C
Compensation
The fees for our services will be billed in accordance with the attached unit rates (Exhibit C). Our invoices will
reflect the actual units performed and our total cost may vary. 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. Invoices for services provided will be sent to your attention at the above address. Our
standard terms and conditions are attached for your review and should be considered a part of our contract
for services. If you are in agreement with the outlined scope of services and terms and conditions, please
sign the attached Agreement for Services and return one copy for our file. 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. 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.
Rev. 1-03
EXHIBIT C
FEE SCHEDULE
Rath Packing Demolition Backfill
Waterloo, Iowa
UNIT RATES
Senior Project Engineer
Senior Project Manager
Project Manager
Senior Foundation Engineering Technician
Sr. Engineering Technician
Level IV Technician
Level II Technician
Nuclear Gauge Charge
Sieve Analysis of Aggregate
Standard Proctor (ASTM D 698)
Transportation Charges
*Increase hourly rate by 1.5 for Saturday, Sunday, and Holiday work; minimum
*Minimum 1.5 hours for all field services.
ESTIMATE OF TESTING AND OBSERVATION SERVICES
Site Visit
Project Manager - $74.00/hour
Hours Cost per Trip
1.5 127.50
Number of Trips
2
$89.00/hour*
$81.00/hour*
$74.00/hour*
$69.00/hour*
$61.00/hour*
$52.00/hour*
$46.00/hour*
$5.00/test
$80.00/each
$105.00/each
$16.50/trip
1.5 hours.
Cost
$ 255.00
Field Density Testing of Site Fill
Senior Engineering Technician - $61.00/hour
Hours Tests Cost per Trip
8 10 554.50
Number of Trips
8
Cost
$ 4,436.00
Standard Proctor Tests - $105/test
No. of Tests
1
Cost
$ 105.00
Engineering Services - Project direction, coordination
and preparation of status reports
Estimated Cost
Cost
$ 800.00
TOTAL ESTIMATED COST**
**Cost based on estimation of contractor's schedule. Invoice will be based on actual
number of hours and tests performed at listed unit rates.
$ 5,596.00
Terracon Consultants, Inc. Confidential 3/12/2010 Page 1
1rerracon
AGREEMENT FOR SERVICES
This AGREEMENT is between City of Waterloo ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for
Client on the Rath Packing Demolition Backfill project ("Project), as described in the Project Information section of Consultant's Proposal dated March
10. 2010 ("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. 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.
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.
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 retum 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
RISKS SO, 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 ITS 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 REGARDLESS OF 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 CONSULTANTS COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall defend, indemnify, and hold harmless the other, their agents, and
employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or
expenses are caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are 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. 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) 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.
Agreement Reference Number (Terracon Proposal or Project Number):CF10057
Page 1 of 2 Rev. 6-07
1 ierracon
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 govemed
by and construed according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs 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 notifying and scheduling Consultant so Consultant can perform these Services. Consultant
shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Consultant's
performance of testing and observation services shall not relieve 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 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 governmental 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 furnished 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.
18. Termination. 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 eamed to the date of termination plus reasonable costs of closing the project.
Consultant:
By:
Name/Title:
racon Consultants, Inc.
a Date: 3/12/2010
Cameron Blinn / Department Manager CMT
Address: 6612 Chancellor Drive, Suite 102
Cedar Falls, Iowa 50613
Phone: 319.277.4016 Fax: 319.277.4320
Client: ty of W - 'rlo„ .
By: ,% Date: 15t9-6
Name itle: E—IrvVe5 - 6-, eiri ir-k, l{ j ur
Address: 715 Mulberry Street ��
Waterloo, Iowa 50703
Phone: [319] 291-4366 Fax: [319] 291-4262
Agreement Reference Number (Terracon Proposal or Project Number):CF10057
Page 2 of 2 Rev. 6-07