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HomeMy WebLinkAboutTerracon Consulting Services-4/3/2017Please return this copy to. City Clerk & Finance Dept. 715 Mulberry St. Waterloo. IA 50703 Irerracon March 15, 2017 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Noel Anderson E: noel.anderson@waterloo-ia.org P: (319) 291-4366 Re: Proposal for Geotechnical Engineering Services Rail Expansion - Waterloo Airport Park Waterloo, Iowa Terracon Proposal No. P13175034 Dear Mr. Anderson: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to provide geotechnical engineering services for the above referenced project. This proposal outlines our understanding of the project and our proposed scope of services, conditions, and estimated fee. 100 PROJECT INFORMATION 1.1 Site Location and Description Item Location Current ground cover Existing improvements Existing topography Description West of Airport Boulevard and north of the existing CN railway located just north of W. Airline Highway in Waterloo, Iowa Grass and crop residue None known Site elevations range from about 864 feet to about 870 feet across the site based on the site plan provided. Terracon Consultants, Inc. 3105 Capital Way, Ste. 5 Cedar Falls, Iowa 50613 P 319 277 4016 F 319 277 4320 terracon.com Geotechnical Environmental Construction Materials ■ Facilities Proposal for Geotechnical Services Rail Expansion Waterloo, Iowa March 15, 2017 Terracon Proposal No. P13175034 1.2 Project Description Item Description Approximately 4,800 lineal feet of new rail spur, extending west Proposed improvements and north from the existing CN railway on the west side of Airport Boulevard and north of Airline Highway in Waterloo, Iowa. Maximum site grading Cut: 3 feet (assumed) Fill: 3 feet If any of the preceding project information and/or assumptions are inaccurate or if there are any specific design requirements, please let us know so that we may make any necessary modifications to this proposal and/or incorporate the information in our geotechnical evaluation and report for this project. 2.0 SCOPE OF SERVICES 2.1 Field Services 2.1.1 Safety We are committed to performing our work safely. Our field work will be conducted under the guidance of a work plan that takes into account the information that we know about this site related to safety and potential safety hazards. In order to address the potential for underground utilities or environmental hazards, and in order to better understand other potential safety hazards associated with our field services, we will interview you or a representative that you suggest to obtain information about these concems. The results of our interview will be related to our field crew and included in the work plan. For the purpose of preparing our fee estimate, we considered that the subsurface exploration can be performed with personal protective equipment including safety glasses, hard hats, steel - toed boots, fire resistant clothing, and work gloves. If evidence of contamination is observed in any of the borings, the exploration at that location will be terminated and our findings discussed with you. Should personal protective equipment upgrades or special borehole sealing procedures become necessary, our scope of services will be discussed with you prior to commencing further drilling. If there are any other restrictions or special requirements regarding the site or exploration, these should be made known to us prior to commencing field work. Responsive R<e€ouiceful Rehat;ie 2 Proposal for Geotechnical Services Rail Expansion : Waterloo, Iowa March 15, 2017 Terracon Proposal No. P13175034 lrerracon 2.1.2 Subsurface Exploration Our scope of services includes performing fifteen (15) soil borings along the new track alignment. The borings will extend about 10 feet below existing grades or to auger refusal, if encountered at a shallower depth. Soil sampling will be in general accordance with industry standard procedures wherein thin-walled tube samples or split -barrel samples are obtained. Disturbed samples may also be obtained from the flight of the augers. Four samples will be obtained per boring. We will also observe and record groundwater levels during and immediately after drilling operations. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. 2.1.3 Conditions / Items to be provided by Client Items to be provided by the client include the right of entry to conduct the exploration and an awareness and/or location of any private subsurface utilities existing in the area. We anticipate the proposed boring locations will be staked prior to our site mobilization and the surface elevations at the boring locations provided to Terracon. We will contact Iowa One Call (IOC) for location of utilities in public easements. All other lines, including private lines, must be marked by others prior to commencement of drilling. For the purposes of preparing our cost estimate, we considered that access to the boring locations will be possible with our track -mounted drilling equipment. It should be noted that during the subsurface exploration, some property damage may result (i.e. rutting of the ground surface and damage to pavements). We will take reasonable measures to minimize this damage; however, restoration of any damage that occurs, and compensation for damages, are not part of our scope of services and fee for this project. Upon completion of the subsurface exploration, the borings will be backfilled with on-site soils. The client should understand that some settlement of the borehole fill may occur. No future maintenance or filling of the holes is included in our scope of services and fee. Any excess soil cuttings from the borings would be disposed of on site. 2.2 Laboratory Testing Portions of recovered samples will be tested in our laboratory to determine physical engineering characteristics. Testing will generally include visual soil classifications, moisture content, dry density and unconfined compressive strength and/or hand penetrometer tests. Liquid and plastic limits and organic content tests may also be performed. Native soil samples will be visually classified in general accordance with the Unified Soil Classification System (USCS). 2.3 Geotechnical Engineering Report After the completion of the subsurface exploration and laboratory testing programs, the data and conditions will be evaluated and a geotechnical engineering report will be prepared by or under Re.spi-_341EiVe RGEOLS C:G`iLii Reliable 3 Proposal for Geotechnical Services Rail Expansion Waterloo, Iowa March 15, 2017 Terracon Proposal No. P13175034 lierracon the supervision of a civil/geotechnical engineer licensed by the State of Iowa. The results of our subsurface exploration, laboratory testing, and analyses will be summarized in a geotechnical engineering report, which will include and/or address the following: Computer-generated boring logs with soil stratifications based on visual soil classifications, sample intervals and recoveries, N -values, laboratory test results, ground elevation, boring location descriptions, groundwater levels observed, date(s) of boring, and drilling method(s) Site Location Map Boring Location Diagram General project description Subsurface exploration procedures Site and soil conditions (existing) Groundwater levels (existing) Drainage recommendations General earthwork recommendations for the rail spur including subgrade preparation, fill material types, and compaction 2.4 Performance Schedule Our drilling schedule may be dependent on when we receive authorization to proceed. We can generally begin the subsurface exploration within about five to ten working days after receiving authorization to proceed and the clearance of public and private site utilities. In some instances, weather and/or site conditions can delay our drilling schedule. We anticipate that our geotechnical engineering report will be submitted within about two to three weeks after completion of field services. Preliminary, verbal information can be provided on request. 3.0 COMPENSATION Based on the project information, the scope of services presented in this proposal, and the attached Exhibit C — Budget Estimate, we estimate a fee of $5,500 to $6,550. If we are requested to expand our services beyond those outlined in this proposal, we will notify you, then send a supplemental proposal stating the additional services and fee. We will not proceed without your authorization. Our invoice will be submitted upon completion of our geotechnical engineering report to the addressee of this proposal unless we are instructed otherwise. R t ere ive- ReseL,veeiuf Reliable 4 Proposal for Geotechnical Services Rail Expansion Waterloo, Iowa March 15, 2017 Terracon Proposal No. P13175034 4.0 AUTHORIZATION lrerracon Work will be performed under the provisions of the attached Agreement for Services. Authorization for Terracon to proceed can be issued by signing the attached Agreement for Services and returning a pdf file of the agreement to Rick.Lockhart@terracon.com. We appreciate the opportunity to provide this proposal and look forward to working with you. Sincerely, Terracon Consultants, Inc. Rick L'khart Office Manager Attachments: Exhibit C — Budget Estimate Agreement for Services Copies: (2) — Addressee (1) — Rose Company - pdf Jason P. Heinz, P.E. Department Manager Geotechnical Services ResporNzRE,souceful eliaLdE 5 EXHIBIT C BUDGET ESTIMATE GEOTECHNICAL SERVICES Rail Expansion - Wateroo Airport Park Waterloo, Iowa lFerraccin 3/15/2017 P13175034 DESCRIPTION NUMBER OF UNITS UNIT UNIT PRICE EXTENSION FIELD SERVICES Anticipate performing 15 borings to depths of about 10 feet Pre -Task Planning and Work Plan 1.0 - 1.0 lump $250.00 $ 250.00 - 250.00 Track Mounted Drill Rig & Support Equipment 12.0 - 14.0 hour $200.00 $ 2,400.00 - 2,800.00 Location and Elevations of Borings* 0.0 - 0.0 hour $125.00 $ - - - Hard Bedrock Drilling 0 - 0 foot $28.00 $ - - - Drilling Supervisor (utility locates) 1.0 - 1.0 hour $90.00 $ 90.00 - 90.00 *By others ESTIMATED SUBTOTAL FOR FIELD SERVICES Subtotal $ 2,740.00 - 3,140.00 $ 2,750.00 to $ 3,150.00 LABORATORY SERVICES Anticipate obtaining about 60 samples Preparation of Boring Logs 7.0 - 8.0 hour $65.00 $ 455.00 - 520.00 Moisture Content Test 60 - 60 each $6.00 $ 360.00 - 360.00 Dry Density Determination 10 - 15 each $7.50 $ 75.00 - 112.50 Unconfined Compression Test 5 - 10 each $17.50 $ 87.50 - 175.00 Plastic and Liquid Limits Tests 2 - 3 each $125.00 $ 250.00 375.00 Organic Content Test 1 - 2 each $55.00 $ 55.00 - 110.00 ESTIMATED SUBTOTAL FOR LABORATORY SERVICES Subtotal $ 1,282.50 - 1,652.50 $ 1,300.00 to $ 1,650.00 Project Direction, Coordination, Data Reduction, Engineering Analyses and ENGINEERING SERVCES Evaluation, and Report Preparation Senior Geotechnical Engineer/Project Manager, P.E. 2.5 - 3.0 hour $125.00 $ 312.50 - $ 375.00 Geotechnical Engineer 10.0 - 12.0 hour $100.00 $ 1,000.00 - $ 1200.00 Draftsman 1.0 - 1.0 hour $70.00 $ 70.00 - $ 70.00 Secretarial Services 1.5 - 2.0 hour $50.00 $ 75.00 - $ 100.00 Subtotal ESTIMATED SUBTOTAL FOR ENGINEERING SERVICES 1,457.50 - $ 1745.00 1,450.00 to $ 1,750.00 ESTIMATED TOTAL FOR SCOPE OF SERVICE $ 5,500.00 to $ 6,550.00 i rerracow Reference Number. P13175034 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 Rail Expansion -Waterloo Airport Park project ("Project"), as described in the Project Information section of Consultant's Proposal dated 03/15/2017 ("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 eamed 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 oe 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. Fees do not include sales tax. Client will pay applicable sales tax as required by law. 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 attomey 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 govemmental 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 other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 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 $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANTS SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY 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. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, 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 (S1,000,000); (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 Page 1 of 2 Rev. 10-16 rtf Ta Reference Number P13175034 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 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 dnlling 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 shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultants recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal. Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. 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. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given. are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be fumished 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 Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. 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 and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's 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. Consultant: T n�Cons4ly n , In Client: City of- r By: ? Date: 3/15/2017 By: l Date: d�3p'1 Name/Title: Icha d EEXockhart / Office Manager 11 Name/Title: Noel Anderson Address: 3105 Capital Way Ste 5 Address: 715 Mulberry Street Cedar Falls, IA 50613-7030 Waterloo, IA 50703 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 291-4368 Fax: (319) 291-4262 Email: RIck.Lockhart@terracon.com Email: Noel.Anderson@waterloo-la.org Page 2 of 2 Rev. 10-16