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HomeMy WebLinkAboutWayne Claassen Eng - Supp Agmnt No. 3 - FY17 Hammond Ave Bridge Replacement - 10/21/2019Supplemental Agreement No. 3 to the Hammond Ave. Bridge Replacement Project Professional Service Agreement between the City of Waterloo, Iowa and Wayne Claassen Engineering and Surveying, Inc. PROJECT: Hammond Avenue Bridge Replacement Project TO: Wayne Claassen Engineering and Surveying, Inc. FROM: City of Waterloo, Iowa You are hereby ordered to make the following changes to the existing Agreement for Professional Services for the Hammond Avenue Bridge Replacement project, dated 10/02/2017 1. Add the following to said existing Agreement: Part III. TERMS AND CONDITIONS Article 1. ENGINEERING SERVICES 1.1 Basic Services - The Engineer agrees to perform professional services in connection with the Project, as set forth below and contained within this Agreement: B. Final Engineering Phase Task 5. Geotechnical Services. Revise this task to include additional geotechnical services for a three -sided precast culvert as outlined in the attached Terracon Consultants, Inc. proposal P13185047R1. Task 10. Asbestos and Paint Testing of Existing Bridge. This task includes subcontracting the sampling and testing of the existing bridge components as required by IAC 567 Chapter 23, Emission Standards for Contaminants. This is required prior to demolishing the existing bridge. The attached Terracon Consultants, Inc. proposal P13197090 outlines the scope of this task. Tack 11. Structural Design of Three -Sided Precast Culvert. This task includes subcontracting the structural design of the proposed three -sided culvert as outlined in the attached proposal from HR Green, Inc. Page 1 of 2 2. Settlement for cost of work to be made as follows: Task 5. Supplemental Agreement 1 included a fee of $3,950 for geotechnical services which will now not be provided. The estimated fee for the expanded geotechnical services scope of services is $14,050 to $16,100. Thus, the net increase included in this Supplemental Agreement 3 for this task is a not to exceed amount of $12,150. Task 10. This task increases the Basic Services Amount by $900.00. Task 11. This task increases the Basic Services Amount by $36, 500. The Professional Services Agreement is increased by $49,550 by this Supplemental Agreement 3 to a total of $133,550. 3. All other sections of said existing Agreement remain unchanged. CITY OF WATERLOO APPROVED: BY: Quentin Hart, Mayor of Waterloo ATTEST BY: ) A Kelley elchle, City Clerk %t /i Date WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. BY: (/ William J. Cla 'sen, President ATT BY: jyLM44k / eLeon, Secretary Page 2 of 2 /0/1111)1 Date Task 5. Geotechnical Services October 10, 2019 Wayne Claassen Engineering & Surveying, Inc. 2705 University Avenue Waterloo, Iowa 50701 Attn: Mr. Bill Claassen, P.E. P: (319) 235 6294 E: claassen@cwcesinc.com Re: Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert Waterloo, Iowa Terracon Proposal No. P13185047R1 Dear Mr. Claassen: irerracon Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this revised proposal to Wayne Claassen Engineering & Surveying, Inc. (WCES) to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Exhibit B Exhibit C Project Understanding Scope of Services Compensation and Project Schedule Our estimated unit price fee to perform the scope of services described in this proposal is $14,000 to $16,100. Refer to Exhibit C for details of our proposed fee. Authorization for Terracon to proceed in accordance with this proposal can be issued by signing and retuming a `pdf file of the attached Agreement for Services to Jason.Heinz@terracon.com. Sincerely, Terracon Consultants, Inc. Gregory M. Decker, E.I. Staff Engineer - Jason Heinz, P.E. 7 Department Manager Geotechnical Services Terracon Consultants, Inc 3105 Capital Way, Suite 5 Cedar Falls, Iowa 50613 P (319) 277-4016 F (319) 2774320 terracon.com lierracon- Reference Number: P13185047 AGREEMENT FOR SERVICES This AGREEMENT is between Wayne Claassen Engineering & Surveying, Inc. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Hammond Ave Culvert project ("Project"), as described in Consultant's Proposal dated 10/10/2019 ("Proposal"), including but not limited to the Project Information section, 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 Proposal, including but not limited to the Scope of Services section ("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 fumished 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 Proposal, including but not limited to the Compensation section, 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 CONSULTANT'S 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 bome 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 ($1,000,000); (ii) Page 1 of 2 Rev. 5-19 lierracon- Reference Number: P13185047 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 govemed by and construed according to Iowa 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 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 Consultant's 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. Unless otherwise stated in the Proposal, 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 Consultant, Inc. By: Name/Title: Address: 3105 Capital Way, Ste 5 Cedar Faits, IA 50613.7030 ason P. Heinz / Depart Geotechnical Services fate: 10/10/2019 nt Manager/ Phone: (319) 277-4016 Fax: (319) 277-4320 Email: Jason.Heinz(@terracon.com Client: By: Wayne Claassen Engineering & Surveying, Inc. Name/Title: Bill Claassen / President Date: Address: 2705 University Ave PO Box 898 Waterloo, IA 50704-0898 Phone: (319) 235-6294 Fax: Email: claassen@wcesinc.com Page 2 of 2 Rev. 5-19 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert ® Waterloo, Iowa October 10, 2019 ■ Terracon Proposal No. P13185047R1 EXHIBIT A - PROJECT UNDERSTANDING lrerracon Our scope of services is based on our understanding of the project as described by WCES and the expected site conditions described in the following tables. Aspects of the project that are undefined or assumed are highlighted. We request the design team verify this information prior to our initiation of field exploration activities. Site Location and Anticipated Conditions testi F Description ipti Site Location The project is located south of the intersection of E. Orange Road and Hammond Avenue in Waterloo, Iowa Latitude: N42.4262°, Longitude: W 92.3373° Existing Improvements Existing bridge with possible underground utilities Existing Topography Based on the topographic site plan provided by WCES, the surface elevation of the highway at the existing bridge is about 894 feet. Expected Subsurface Conditions Our experience in the vicinity of the proposed improvement and geologic maps indicates subsurface conditions consist of fill over alternating clay and sand layers. Planned Construction escri Proposed Construction The project includes replacing the existing concrete bridge with a three - sided culvert or pre -cast concrete box culverts. The road will be widened and paved at a later date. The length of the culvert is expected to be about 50 feet greater than the existing bridge. Potential Foundation Systems Geotechnical evaluation will be performed for the feasibility of supporting the culvert on shallow foundations. Geotechnical recommendations will also be provided for steel piles. For the purposes of estimating boring depths and our fee, the borings will be extended to depths such that an individual, nominal pile capacity of 240 kips can be achieved. Responsive • Resourceful ■ Reliable EXHIBIT A • PROJECT UNDERSTANDING 1 of 1 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert o Waterloo, Iowa October 10, 2019 ■ Terracon Proposal No. P13185047R1 EXHIBIT B - SCOPE OF SERVICES lierracon Our proposed scope of services consists of subsurface exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Services Subsurface Exploration: The subsurface exploration will generally follow applicable portions of the Iowa Department of Transportation's (IaDOT) requirements. Terracon's proposed subsurface exploration program includes the following: 2 90 or practical auger/bit refusal anne Culvert Area 1. Below existing grades Boring Locations and Elevations: We recommend WCES stake the boring locations and provide the locations and surface elevations of the borings to us. Subsurface Exploration Procedures: We will advance the borings with a rotary drill rig using continuous flight augers and mud -rotary drilling methods. Sampling will be performed using a split barrel sampler or thin-walled tubes at intervals of 2.5 feet in the upper 20 feet of the borings and at intervals of 5 feet thereafter. In the thin-walled tube sampling procedure, a thin-walled, seamless steel tube with a sharp cutting edge is pushed hydraulically into the soil to obtain a relatively undisturbed sample. In the split -barrel sampling procedure, a standard 2 -inch outer diameter split -barrel sampling spoon is driven into the ground by a 140 -pound automatic hammer falling a distance of 30 inches. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18 -inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT values, also referred to as N -values, are indicated on the boring logs at the test interval depths. We observe and record groundwater levels during and after drilling and sampling. In some instances, groundwater observations may not be made because drilling fluid or water are used for drilling and/or rock coring, which makes groundwater level observations during and after drilling potentially unrepresentative. The boreholes will be backfilled after completion for safety purposes. Terracon's exploration team prepares field boring Togs as part of standard drilling operations. The field Togs include sampling interval depths, penetration resistances, and other relevant drilling and sampling information. Our field Togs also include visual descriptions of materials encountered during drilling and the drill crew's interpretation of subsurface conditions between samples. The Responsive • Resourceful • Reliable EXHIBIT B - SCOPE OF SERVICES 1 of 5 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert ® Waterloo, Iowa October 10, 2019 ® Terracon Proposal No. P13185047R1 lferracon samples are placed in appropriate containers and transported to our laboratory for further testing and classification. Our engineering staff and the drill crew communicate during the exploration. If the soil conditions encountered appear to be unfavorable or marginal, we modify our subsurface exploration while we are on site. If additional fees apply, we contact the client for authorization, prior to performing any additional services. Site Access and Property Disturbance: We considered that the site and boring locations can be accessed using our truck -mounted equipment. Terracon personnel will take reasonable measures to limit the amount of damage to the property. However, some damage to pavements and rutting of the ground surface could occur. Please note that our scope of services and fee do not include services associated with reparations of damage. If such services are desired by the owner/client, we should be notified so we can adjust our scope of services. It is important that Terracon be granted access to the site (or legal right of entry) by the property owner. Please notify Terracon if arrangements have not been made for subsurface exploration on the property. At least 3 days advanced notice will be provided to WCES of our intent to notify Iowa One Call and then perform the subsurface exploration. We backfill our boreholes with auger cuttings and bentonite chips after completion. Our services do not include repair of the site beyond backfilling our boreholes. Any excess auger cuttings are dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes be checked periodically, and backfilled if necessary. We can provide this service, or grout the boreholes for an additional fee, upon request. Safety: Terracon is currently not aware of environmental concerns at this project site that would create health or safety hazards associated with our field exploration program. Thus, the estimated fee includes our exploration team using standard Personal Protection Equipment (PPE) for geotechnical drilling including hard hats, safety glasses, hearing protection, high visibility vests, and steel -toed boots. Our scope of services does not include environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling and/or sampling will be noted on our Togs and discussed in our report. We anticipate performing the borings through or near the shoulder of the existing roadway. We considered that traffic control, consisting of flagmen to allow one lane of the roadway to remain open, will be required for the exploration. Signs will be used to notify motorists of work in the right-of-way. Terracon will notify Iowa One Call to request location and marking of public utilities at least 48 hours prior to performing borings/excavations. We will consult with the owner/client regarding Responsive • Resourceful ■ Reliable EXHIBIT B - SCOPE OF SERVICES 2 of 5 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert ® Waterloo, Iowa October 10, 2019 s Terracon Proposal No. P13185047R1 lierracon potential private utilities, or other underground hazards. Based on the results of this consultation, we consider the need for alternative subsurface exploration methods, as the safety of our exploration team members is a priority. Any private utilities should be marked by the owner/client prior to commencement of subsurface exploration. Terracon will not be responsible for damage to utilities that are incorrectly marked or not made aware to us. If there are any site restrictions or special site and/or exploration requirements, these should be made known to Terracon prior to commencement of field services. Laboratory Testing The project engineer reviews field data and assigns laboratory tests to better understand the engineering properties of various soil strata. The actual types and number of tests cannot be defined until completion of field work. Procedural standards noted below are for reference to methodology in general. In some cases, local practices and professional judgement require method variations. Standards noted below include reference to other related standards. Such references are not necessarily applicable to describe the specific test performed. • Description and Identification of Soils (Visual -Manual Procedure) • Laboratory Determination of Water (Moisture) Content of Soil by Mass • Unconfined Compressive Strength of Cohesive Soil • Laboratory Determination of Density (Unit Weight) of Soil Specimens • Atterberg Limits • Sieve analysis w/ P200 • Corrosivity Suite: • pH Analysis (ASTM G51) • Chloride, Sulfate, and Sulfide Content • Oxidation -Reduction Potential • Electrical Resistivity Testing Our laboratory testing program also includes observation of recovered soil samples by an engineer. Based on the texture and plasticity of the soil, we describe and classify samples in general accordance with the Unified Soil Classification System (USCS). Samples recovered during the subsurface exploration will be retained in our office for a period of 60 days after submittal of our geotechnical engineering report so that additional testing can be performed upon request. Responsive ■ Resourceful • Reliable EXHIBIT B - SCOPE OF SERVICES 3 of 5 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert a Waterloo, Iowa October 10, 2019 ■ Terracon Proposal No. P13185047R1 Engineering and Project Delivery lierracon Results of the field and laboratory programs are evaluated by a civil/geotechnical engineer licensed by the State of Iowa. The engineer will develop a geotechnical site characterization, perform the engineering calculations necessary to evaluate foundation alternatives, and develop appropriate geotechnical engineering design criteria for earth -related phases of the project. Your project is delivered using our GeoReport system. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. A typical delivery process includes three basic stages: ® Stage 1: ■ Stage 2: ® Stage 3: Project Planning Site Characterization (Soil, Groundwater, and Lab Results) Geotechnical Engineering When services are complete, we upload a `pdf file of the geotechnical engineering report. Previous submittals, collaboration, and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services, as the project goes through final design and construction. Geotechnical Engineering Report: The geotechnical engineering report will include and/or address the following: ■ General site and project description • Site and Boring Location diagrams • Stratified boring logs with field and laboratory data • Subsurface exploration procedures • Descriptions of soil and groundwater conditions observed ■ Geotechnical design recommendations for box culverts including: • Subgrade preparation recommendations • Suitable imported material types and bedding • Fill compaction requirements • Minimum embedments for frost protection • Anticipated suitable bearing depths • Ultimate/nominal bearing pressure • Estimated total and differential settlement for a service pressure • Ultimate coefficient of friction • Lateral earth pressures Responsive u Resourceful a Reliable EXHIBIT B • SCOPE OF SERVICES 4 of 5 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert ■ Waterloo, Iowa October 10, 2019 ® Terracon Proposal No. P13185047R1 lierracon • General foundation construction considerations • Geotechnical design recommendations for driven steel piles, including: • Nominal side resistance and tip resistance with embedment • IaDOT structural resistance level (SRL) • Estimated downdrag Toads with depth, if applicable ® General driven pile construction considerations ■ AASHTO (seismic) site classification S4 Milestone: The purpose of the S4 is to provide final soil -related items for structures. The report will be submitted to WCES and IaDOT Soils Design for review and comment. We anticipated preparing one preliminary and one final S4 report for the culvert. The S4 will include the following: • Project information • Computer-generated boring logs for the culvert borings with soil stratification based on visual classifications and laboratory test results, and soil layer descriptions for the USCS and IaDOT LRFD design tables. • Symbolized results for the drilling and testing in IaDOT format added to digital drawings to create a soils plan -and -profile sheet • Supplemental Report of Structure Soundings for each culvert boring Please note that Terracon will require the project stations and offsets and existing ground surface elevations at each boring location. We will also require digital files/drawings in MicroStation v8i (SS4) format for use with our geotechnical reports and drawings. Responsive ® Resourceful m Reliable EXHIBIT B - SCOPE OF SERVICES 5 of 5 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert a Waterloo, Iowa October 10, 2019 a Terracon Proposal No. P13185047R1 lrerracon EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our scope of services outlined in Exhibit B, our estimated unit price fee is $14,000 to $16,100. Please note that our fee will be based on actual services performed in accordance with the following unit rates or other mutually agreed-upon fees. DESCR PTION � QtJANT(T;Y NIT� IJNITT PRICE J 1 PTEA O IFIELD SERVICES � * i?erf9 rAl2}bon gs-to dep hs of 90 fe F ,efer to E'th bif 6, orSoo» o trvlce Pre -task Planning 1 - 1 lump $250.00 $ 250.00 - 250.00 Locations and Elevations of Borings* - hour $125.00 $ - - - Rotary Drill Rig & Support Equipment 2 - 2 day $650.00 $ 1,300.00 - 1,300.00 Drilling and Sampling (0-20 ft.) 40 - 40 foot $11.00 $ 440.00 - 440.00 Drilling and Sampling (20-40 ft.) 40 - 40 foot $12.00 $ 480.00 - 480.00 Drilling and Sampling (40-100 ft.) 80 - 120 foot $13.50 $ 1,080.00 - 1,620.00 Borehole Backfill/Abandonments 100 - 140 foot $2.00 $ 200.00 - 280.00 Traffic Control Flaggers (subcontractors) 2.0 - 2.0 day $650.00 $ 1,300.00 - 1,300.00 Traffic Signs (subcontractor) 2.0 2.0 day $250.00 $ 500.00 500.00 Drilling Supervisor 1.0 - 1.5 hour $90.00 $ 90.00 - 135.00 *byWCES ESTIMATED FIELD SERVICES SUBTOTAL Subtotal $ 5,640.00 - 6,305.00 $ 5,650.00 to $ 6,300.00 LABORATORI iti3.VICES „ m ,u _, 4 Antlgipate 8'' ining ,;,a opt sam"Sli efer to Exhibit B for datails Boring Log Stratifications 1.0 - 1.5 hour $75.00 r$ 75.00 - 112.50 Water Content Test 26 - 30 each $6.00 $ 156.00 - 180.00 Atterberg Limits Test 1 - 2 each $125.00 $ 125.00 - 250.00 Sieve Analysis w/ P200 1 - 2 each $125.00 $ 125.00 - 250.00 Dry Density Determination 8 - 12 each $7.50 $ 60.00 - 90.00 Unconfined Compression Test 8 - 12 each $17.50 $ 140.00 - 210.00 'Corrosivity Suite 2 - 2 each $350.00 P$ 700.00 - 700.00 ESTIMATED LABORATORY SERVICES SUBTOTAL Subtotal $ 1,381.00 - 1,792.50 ENGINEERING SERVICES}, ; Eng ni a nng Repo • rt ` Senior Geotechnical Engineer/Project Manager, P.E.** 16.0 - 18.0 hour $150.00 $ 2,400.00 - $ 2700.00 Geotechnical Engineer/Project Manager, P.E. 28.0 - 32.0 hour $125.00 $ 3,500.00 - $ 4000.00 Draftsman/CADD 10.0 - 12.0 hour $90.00 $ 900.00 - $ 1080.00 Administration and Secretarial Services 3.0 - 4.0 hour $60.00 $ 180.00 - $ 240.00 **2 hours of consultation/telephone conference time included ESTIMATED ENGINEERING SERVICES SUBTOTAL Subtotal $ 6,980.00 - $ 8020.00 $ 7,000.00 to $ 8,000.00 ESTIMATED TOTAL FOR SCOPE OFT SERVICES `- ,050.00 to ;S 16,'100.00I Responsive fa Resourceful ® Reliable EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE 1 of 2 Revised Proposal for Geotechnical Engineering Services Hammond Avenue Culvert ■ Waterloo, Iowa October 10, 2019 ■ Terracon Proposal No. P13185047R1 lrerracon Unless instructed otherwise, we will submit our invoice(s) to the addressee of this proposal. If conditions are encountered that require scope of services revisions, we will contact you for approval, prior to initiating any additional and/or alternate services. A supplemental proposal stating the modified scope of services, as well as its effect on our fee, will be prepared. Terracon will not perform additional services without authorization from Wayne Claassen Engineering & Surveying, Inc. Project Schedule We developed a schedule to complete our geotechnical scope of services based upon our existing availability and understanding of your project schedule. However, our schedule does not account for delays in field services beyond our control, such as weather conditions, permit delays, or lack of permission to access the boring locations. In the event our proposed project schedule is inconsistent with your needs, please contact us so we may consider altematives to meet your schedule. GeoReport StageTimeframe from Authorization to Proceed 2 Project Planning 1 to 2 weeks Site Characterization 4 weeks Geotechnical Engineering 6 weeks 3 S4 Milestone T.B.D. 3 1. Upon receipt of written authorization to proceed, we will activate the schedule component of our GeoReport website with anticipated dates for the delivery points noted above, as well as other pertinent events, such as exploration crews on-site, etc. 2. We will maintain a current calendar of activities within our GeoReport website. In the event of a need to modify the schedule, the schedule will be updated to help the project team maintain a current awareness of our plans for delivery. 3. In order for Terracon to provide the Report of Structure Soundings, we will require project boring location information. For the S4 Milestone submittal, TS&L files will be required from WCES. We estimate that 3 to 4 weeks will be required to complete our S4 after receipt of the updated files. Any changes to the design will affect our schedule. Timely receipt of base drawings, electronic files, design information, and Client contract authority, response to questions, submittals, and review will be needed. Responsive • Resourceful • Reliable EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE 2 of 2 Task 10. Asbestos Survey and Paint Testing of Existing Bridge lrerracon October 8, 2019 Wayne Claassen Engineering & Surveying, Inc. 2705 University Avenue Waterloo, Iowa 50701 Attn: Mr. Bill Claassen, P.E. P: (319) 235 6294 E: claassen(a.cwcesinc.com Re: Proposal for Asbestos Survey and Paint Testing Hammond Avenue, Black Hawk County, Iowa Terracon Proposal No. P13197090 Dear Mr. Claassen: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to provide asbestos survey and paint testing services for the above referenced bridge in Black Hawk County (County), Iowa. This proposal outlines our understanding of the project, and our proposed scope of services, performance schedule, terms and conditions, and fees for our services. 1.0 PROJECT INFORMATION 1.1 Commitment to Safety Terracon has a 100% commitment to the safety of all its employees. As such, and in accordance with our Incident and Injury Free® safety culture, Terracon will review health and safety needs for our employees on this specific project. Anticipated safety concerns could include uneven terrain, remote site conditions, water hazards, and animal, insect, or toxic plant exposure. It may become necessary to provide additional measures to improve the safety of our employees, at additional cost, to reduce the risk for personal exposure. In the event the County is aware of specific safety concerns for the project site, Terracon respectfully requests notification of such concerns prior to mobilization. 1.2 Site Location and Project Description Location Existing site conditions Description The bridge is located south of the intersection of East Orange Road and Hammond Avenue south of Waterloo, Iowa. Latitude: N42.4262°, Longitude: W 92.3373° Existing 3 span pre -cast concrete panel bridge approximately 193 feet in length with metal bracing and concrete piers. Removal of the existing bridge and replacement with a new structure. Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, IA 50613 P [319] 277-4016 F [319] 277-4320 terracon.com Environmental Facilities Geotechnical Materials Proposal for Asbestos Survey and Paint Testing Hammond Avenue Bridge Replacement ■ Black Hawk County, Iowa October 8, 2019 ■ Terracon Proposal No. P13197090 2.0 SCOPE OF SERVICES Task 1 — Asbestos Survey and Paint Sampling lrerracon Asbestos survey and paint sampling services have been requested for the referenced bridge. Terracon will mobilize a State of Iowa licensed asbestos inspector to conduct an asbestos survey of the bridge as required by Iowa Department of Natural Resources (IDNR) Iowa Administrative Code (IAC) 567 Chapter 23, Emission Standards for Contaminants. Terracon will conduct a visual assessment of the bridge to identify materials suspected of containing asbestos (suspect ACM) such as, but not limited to, utility conduits, rocker pads, waterproofing membrane between Portland cement concrete (PCC) and hot mixed asphalt (HMA) overlay (if present), reclaimed HMA that may have incorporated reclaimed shingles in the mix, and PCC that may have used asbestos fibers in the mix. Suspect materials will be physically assessed for friability and evidence of damage or degradation. Samples of suspect ACM will be collected for laboratory analysis. Bulk sample collection will be conducted in accordance with the sampling protocols outlined in US Environmental Protection Agency (USEPA) 40 Code of Federal Regulations (CFR) 763 - Asbestos. Sample collection will result in some isolated damage to bridge materials; however, attempts will be made to limit such damage to the extent necessary for sample collection. Terracon will not be responsible for repair or touch-up of sample locations. In addition, Terracon will not perform sampling that requires demolition or destructive activities such as knocking holes in the bridge deck, dismantling of equipment, or removal of protective coverings. Reasonable efforts will be made to access suspect materials on the subject bridge. However, Terracon personnel will not attempt to sample materials in areas of restricted access (i.e., confined spaces) or beneath bridge decks that are not safely accessible. EMSL Analytical, Inc. (EMSL), an analytical laboratory accredited under the National Voluntary Laboratory Accreditation Program (NVLAP), will analyze bulk material samples by visual estimation using polarized light microscopy (PLM). Terracon anticipates collecting up to 9 bulk asbestos samples. In addition, Terracon will collect up to 3 paint samples from the bridge. If more than one color is visible on the bridge, one sample will be collected from each color. The samples will be submitted to EMSL for analysis of total lead and total chromium. Task 2 — ACM Survey and Paint Sampling Report Terracon will prepare a report that will include the sampling methods and the results of the survey. The report will describe the number, type, the location of suspect samples collected, the analytical results, the estimated quantity, and the condition of materials identified as ACM or lead/chromium- containing paint. No drawings depicting the location and extent of ACM or estimates of ACM Responsive • Resourceful • Reliable 2 Proposal for Asbestos Survey and Paint Testing Hammond Avenue Bridge Replacement ■ Black Hawk County, Iowa October 8, 2019 ■ Terracon Proposal No. P13197090 lierracon removal costs will be provided unless specifically requested in advance by Wayne Claassen Engineering & Surveying, Inc. (Client). Unless otherwise instructed, an electronic pdf of the final report will be submitted to the address indicated herein. Schedule — The above scope of services may begin within five working days following receipt of the executed Agreement for Services. Conditions/Items to be provided by the Client and County for ACM and paint sampling services include: ■ The legal right -of -entry to conduct the assessments. ■ Any restrictions or special access requirements regarding the site shall be made known to Terracon prior to site mobilization. ■ Client will provide, if available, existing bridge plans in PDF format. ■ Any known environmental conditions at the site (i.e., hazardous materials or processes, specialized protective equipment requirements, unsound structural members, etc.) shall also be communicated to Terracon prior to site mobilization. 3.0 COMPENSATION Based on the environmental scope of services, we propose the following fee. Item : fi` Fee Asbestos Survey and Paint Sampling $900 lump sum Additional samples, if required, will be invoiced at $15/sample for asbestos and $57/sample for total lead and total chromium. The Client will be notified if additional samples are required. Our invoices would be submitted upon completion of our services to the addressee of this proposal unless we are notified otherwise. 4.0 AUTHORIZATION This proposal may be accepted by signing the attached Agreement for Services and emailing it to Dave Cleary at Dave.Clearvterracon.com. This proposal is valid only if authorized within 90 days from the proposal date. Responsive ■ Resourceful ■ Reliable 3 Proposal for Asbestos Survey and Paint Testing Hammond Avenue Bridge Replacement it Black Hawk County, Iowa October 8, 2019 gi Terracon Proposal No. P13197090 lierracon We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inc. Dave C. Cleary, REM Cindy A. caldwin, CIH, FAIHA Environmental Department Manager Senior Industrial Hygienist Copies to: Addressee (pdf) Attachments: Agreement for Services Responsive Resourceful k Reliable 4 lierracon Reference Number: P13197090 AGREEMENT FOR SERVICES This AGREEMENT is between Wayne Claassen Engineering & Surveying, Inc. ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Hammond Avenue Bridge project ("Project"), as described in Consultant's Proposal dated 10/08/2019 ("Proposal"), including but not limited to the Project Information section, 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 Proposal, including but not limited to the Scope of Services section ("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 Proposal, including but not limited to the Compensation section, 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 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 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 $10,000 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. 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 ($1,000,000); (ii) Page 1 of 2 Rev. 5-19 lF2rracon Reference Number: P13197090 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 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 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 Consultant's 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 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 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 governmental 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. Unless otherwise stated in the Proposal, 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: Terracon Consultants, Inc. Client: Wayne Claassen Engineering & Surveying, Inc. By: j a ate: 10/8/2019 By: Date: Name/Title: Dave C. Cleary, RE / Environmental Name/Title: Bill Claassen / Department Manager Address: 3105 Capital Way, Ste 5 Address: 2705 University Ave PO Box 898 Cedar Falls, IA 50613-7030 Waterloo, IA 50704-0898 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 235-6294 Fax: Email: Dave.Cleary@terracon.com Email: claassen@wcesinc.com Page 2 of 2 Rev. 5-19 Task 11. Structural Design of Three -Sided Precast Culvert HRGreen HR GREEN, INC. PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 THIS AMENDMENT, made this 30th day of September 2019 by and between, Wayne Claassen Engineering & Surveying, Inc., the CLIENT, and HR GREEN, INC. (hereafter "COMPANY"), for professional services concerning: Hammond Avenue Bridge over Sink Creek: Hydraulic Analysis hereby amends the original Professional Services Agreement dated April 18, 2019 as follows: The CLIENT and COMPANY agree to amend the Scope of Services of the original Professional Services Agreement and previous amendments as follows: The original agreement included only hydraulic analysis services. Under this amendment, COMPANY will also provide structural design services for a proposed culvert to carry Hammond Avenue over Sink Creek as detailed in Attachment A— Scope of Services. COMPANY Project Number: 181817 The CLIENT and COMPANY agree to amend other provisions of the original Professional Services Agreement and previous amendments as follows: Not Applicable. In consideration for these services, the CLIENT AGREES to adjust the payment for services performed by COMPANY on the following basis: Method of compensation shall be changed from Lump Sum to a time and materials basis with a maximum not -to -exceed fee. ® Maximum fee to be increased by thirty-six thousand five hundred Dollars ($36,500.00) The total maximum authorized compensation after this Amendment, including the original Professional Services Agreement and all previous Amendments, is forty-eight thousand five hundred dollars ($48,500.00) THIS AMENDMENT is subject to all provisions of the original Professional Services Agreement. Version2.0 12172018 Amendment 1 to Professional Services Agreement Hammond Avenue Bridge Over Sink Creek: Hydraulic Analysis Project No. 181817 — September 30, 2019 Page 2 of 2 HRGreen. THIS AMENDMENT, together with the original Professional Services Agreement and all previous amendments represents the entire and integrated AGREEMENT between the CLIENT and COMPANY. THIS AMENDMENT executed the day and year written above. Wayne Claassen Engineering & Surveying, Inc. HR GREEN, INC. By: William Claassen, P.E., President By: Version1.0 07012017 ATTACHMENT A - SCOPE OF SERVICES A. Preliminary Design Phase a. A Structure Type Analysis will be completed for this location. The purpose of the analysis is to identify the structure type (box culvert or three -sided precast structure) that best meets the needs of the location based on the previously completed hydraulic study. b. Based on direction from Claassen Engineering after discussion of the Structure Type Analysis, the Engineer shall prepare preliminary engineering documents for review by Claassen Engineering. The preliminary plan will be a 1" = 20' scale Type, Size, and Location (TS&L) plan for the proposed structure that includes a General Plan and Longitudinal Section along the centerline of roadway. c. Location of all utilities based on survey provided by Claassen Engineering will be shown on the TS&L. d. A preliminary opinion of probable cost will be provided. e. The Engineer will assemble, submit, review comments. make revisions and resubmit plans to Claassen Engineering on 11/13/2019 for submittal to Iowa DOT for Preliminary plan review submittal on 11/19/2019. Also included in the Preliminary Design task is one (1) progress meeting. B. Final Design Phase A final design field check shall be held with the Engineer and City representatives prior to completing final design plan quantities. The Engineer shall make any necessary revisions to the Final Design Plans as determined by this design field check. Final computations will be completed for the analysis and design of the foundations for the replacement three -sided structure. The Engineer will determine final member sizes and reinforcing steel requirements for the foundations of the three -sided structure, and perform other necessary structural foundation design based on the approved preliminary plans. Structural foundation quantity calculations will also be included. It is anticipated the structure will be a three -sided precast structure. Design shall be in accordance with Iowa DOT's Bridge Design Manual and applicable sections of the AASHTO "LRFD Bridge Design Specifications," current edition at the time the design contract is executed, plus current interim specifications. Construction Plans will include the following information: a. Structural Plan Development— The Engineer will compile structural plan sheets, specifications, and detailed quantities for the foundation of the replacement structure. Plans will be developed according to Iowa DOT's Bridge Design Manual including the following sheets: Bridge General Plan and Elevation Summary of Quantities and General Notes Footing/Stem Wall Details Safety Barrier details Bill of Reinforcing Boring Logs b. A final opinion of probable cost will be provided. c. The Engineer will complete all Job Special provisions as necessary to supplement the standard specifications. For this project the standard specifications to be adopted shall be the Iowa DOT's Department's Standard Specifications. d. The Engineer will assemble, submit, review comments, make revisions and resubmit plans to Claassen Engineering on 12/10/2019 for submittal to Iowa DOT for Check plan review submittal on 12/19/2019. C. Bidding Services / Construction Services Bidding Services for this project will include: 1. Answering Requests for Information (RFI) during the bidding phase 2. Issuing written clarifications in response to RFI's (in the form of addenda to the advertisement for bids) 3. Shop Drawing Review. List of shop drawings anticipated: Precast box culvert or three -sided culvert Precast end sections/wingwalls Guardrail Post Attachments D. Permitting Assistance Not included in this scope of services. Claassen Engineering will prepare permit applications. HR Green will provide a No -Rise Certification sheet, based on previous hydraulic analysis, for Claassen Engineering to include in permit application materials. E. Deliverables provided by HR Green Inc. In keeping with the requirements of the aforementioned scope, HR Green will deliver or provide the following: 1. The services of all professionals and technical personnel required for the performance of the services described under the Scope of Services above. 2. Electronic submittal for both Preliminary and Final Plans (2 submittals). 3. Complete the Bid Items App online for the quantities for each submittal. 4. Electronic submittal of Technical Specifications / Job Special Provisions for the specifications. (Initial review and secondary review sets — 2 submittals). 5. Electronic submittal of the entire plan set and one electronic submittal of a set of the specifications / project manual for use by the City in bidding, printing, distribution, etc. F. Exclusions to this proposal The following services are not included in this contract: 1. Bridge superstructure design. 2. Utility attachment to the new structure. 3. Relocation plans for utilities such as, but not limited to, water lines, sanitary sewers, and electric services. 4. Right-of-way plans and acquisition services 5. Wetland Mitigation / Soil Mitigation Plan. 6. Archeological / Historical / Cultural Exploration 7. Mylars at final submission. 8. Attendance at the bid opening. 9. Construction Phase services other than those specifically outlines in this scope of services. 10. Any fees required for approvals or permits 11. GIS -related work or conversion of project construction documents thereto.