HomeMy WebLinkAboutTerracon Consultants - PSA - Cont. No. 1015 10.12.2020 Irerracon
October 1, 2020
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Attn: Mr. Matt Schindel
P: (319) 291-4312
E: Matt.Schindel@Waterloo-Ia.org
Re: Proposal for Underground Storage Tank Closure Services
City ROW
300 Jefferson Street, Waterloo, Iowa
Registration No. NA LUST No. NA
Terracon Proposal No. P13207088
Dear Mr. Schindel:
Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to
conduct Underground Storage Tank (UST) Closure Services at the above referenced site.
Terracon has conducted thousands of environmental service projects across the country. In
addition, Terracon has extensive experience performing geotechnical and construction testing
services. For more detailed information on all of Terracon's services please visit our web site at
www.terracon.com. An outline of the project, Terracon's scope of services, including schedule
and compensation are provided in the following sections.
1.0 PROJECT INFORMATION
Available information provided by the City of Waterloo (City) indicates one 1,000-gallon UST is
located within the City right-of-way (ROW). The City indicated the UST is constructed of steel
and appears to be full of fuel. The contents of the UST are unknown but assumed to be diesel or
heating oil. Terracon has assumed there are no dispensers or product piping associated with the
UST. The City has also indicated the UST is not registered with the Iowa Department of Natural
Resources (IDNR). The origin and use of the UST is unknown at this time.
This proposal presents the cost estimate of fees for UST closure activities. Terracon will
coordinate with Unified Contracting Services, Inc. (Unified) to be onsite during the UST closure
activities for observation and sample collection per IDNR guidance. Unified will be providing UST
excavation and removal, cleaning, disposal, and other IDNR required closure services as well as
providing a licensed remover onsite during tank removal related field activities. It's estimated the
UST removal portion of the project can be completed in two days, weather and site conditions
permitting.
Terracon Consultants,Inc. 3105 Capital Way Suite 5 Cedar Falls,IA 50613
Im r P 319 277 4016 F 319 277 4320 terracon.com
Proposal for UST Closure Services Irerracon
City ROW Waterloo, Iowa
October 1, 2020 Terracon Proposal No. P13207088
The City has requested the fuel be removed and the UST cleaned as soon as possible to prevent
a release to the environment. The removal of the UST will be completed at a later date on a
second mobilization. Installation and sampling of temporary monitoring well(s) will occur after
the removal is complete and laboratory results for the soil samples are available for inclusion of
well(s) location. The well(s) would be installed and sampled approximately one week after the
UST is removed and will require at least one day of stabilization prior to groundwater sample
collection.
2.0 SCOPE OF SERVICES
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 prepare a project safety plan for
use by our personnel during field services. Prior to commencement of on-site activities, Terracon
will hold a meeting to review health and safety needs for this specific project. At this time, we
anticipate performing fieldwork in a United States Environmental Protection Agency (USEPA)
Level D work uniform consisting of hard hats, safety glasses, protective gloves, and steel-toed
boots. It may become necessary to upgrade this level of protection, at additional cost, during
sampling activities in the event that petroleum or chemical constituents are encountered in soils
or groundwater that present an increased risk for personal exposure.
Sampling and reporting will be completed according to the IDNR guidance document"Underground
Storage Tank Closure Guidance" dated May 2016. The sampling and report will be handled by or
under the management of a Certified Groundwater Professional (CGP) as required by IDNR
guidance.
2.1 UST Closure Services
Terracon can assist the City with completion of the IDNR 30-Day Closure Notification Form (if
required), UST Registration Form, and Iowa UST Fund Closure Claim Form upon request.
Registering the UST is necessary in order to obtain potential Iowa UST Fund reimbursement of
the closure activities. Terracon will make the 24-hour notification to IDNR Field Office #1 in
Manchester, Iowa prior to the start of removal activities. Unified will obtain necessary UST
removal permits from the City, local fire department/marshal, etc.
Terracon will observe UST removal activities and collect field documentation including
photographs of the activities. Terracon field personnel will collect the required UST soil samples
for documentation of site conditions utilizing excavation equipment. Based on the reported volume
of the UST, one soil sample will be required from beneath the center of the UST. The sample will
be collected 1 to 2 feet into native soils. The UST soil sample will be field screened utilizing a
photoionization detector (PID). Factors including the actual configuration of the UST, verified
volume of the UST, and observed contamination will dictate the actual number and location of soil
Responsive Resourceful Reliable
Proposal for UST Closure Services Irerracon
City ROW Waterloo, Iowa
October 1, 2020 Terracon Proposal No. P13207088
samples collected according to IDNR guidance. Please note the presence of a concrete pad
beneath the UST will affect the sample number and locations per IDNR guidance if the pad is left in
place. Additionally, significant groundwater within the UST basin or observed bedrock will alter the
soil sample numbers and locations per IDNR guidance. As noted previously, Terracon has
assumed soil samples related to dispensers and product piping are not necessary; however, if
these features are observed in the field, sampling will be conducted per IDNR guidance.
A temporary monitoring well will be installed and sampled within 20 feet of the UST basin in the
presumed down gradient direction based on surface topography as required by IDNR guidance.
The IDNR guidance indicates that larger sites and sites with large distances between USTs and
dispensers and/or greater lengths of product piping may need more than one well to assess for
the presence of a release especially considering groundwater flow direction. The well location
should be representative of a release from the USTs and dispenser, and piping, if present.
Additionally, UST, dispenser, and piping soil sample results will factor into the actual well location.
Based on available site details, one well appears to be sufficient; however, actual site conditions
and soil sample concentrations will dictate the number and location of well(s). Based on
Terracon's knowledge of the area, it is very likely that bedrock will be encountered at the site. If
bedrock is encountered before groundwater, the IDNR will be notified and a Tier 2 Site Clean Up
Report (SCR) may be required. Terracon will provided the client with a cost estimate for these
additional services at that time.
Based on the unknown contents of the UST, the soil and groundwater samples will be analyzed
for benzene,toluene, ethylbenzene and xylenes(BTEX)by Iowa Method OA-1 and total extractable
hydrocarbons (TEH)as diesel and waste oil by Iowa Method OA-2. The samples will be submitted
on ice under standard chain of custody protocols to a State of Iowa certified laboratory. A trip blank
will be submitted with the groundwater samples for BTEX analysis by Iowa Method OA-1 to evaluate
sample integrity during transportation to the laboratory.
A UST Closure Report will be completed in standard IDNR format including documentation of field
activities, sample results, maps, etc. and be submitted to the City for authorization. Terracon will
obtain signatures of the licensed tank remover and CGP on the report. Terracon can assist with
facilitating the submittal of the UST Closure Report to the IDNR and Iowa UST Fund, if requested.
3.0 COMPENSATION
The Scope of Services outlined in this proposal for the UST Closure Services will be performed
as a unit rate estimate of $16,291 presented in the attached in Table 1. If, as a result of these
services, additional work is required outside the scope of this proposal, you will be contacted, and
upon request, proposed fees for additional work will be provided. City authorization will be
obtained prior to commencement of additional work outside the scope of this proposal.
Recnnncive '-il Reli- 3
Proposal for UST Closure Services Irerracon
City ROW Waterloo, Iowa
October 1, 2020 Terracon Proposal No. P13207088
For the purposes of this proposal, Terracon has assumed 1,100 gallons of waste water/ product
will be generated from cleaning activities and require disposal. However, actual liquid and/or
sludge disposal volumes will be incurred per the rates presented in Table 1. Unified has prepared
their bid based on the information provided by the City and Terracon. The City will be notified of
changed conditions when, and if, encountered along with changes in fees.
Additional sampling services not covered in this proposal will be handled on a unit rate pricing
basis, if needed. Terracon will contact the City to advise and receive prior approval for additional
sampling services. Additional soil and groundwater analysis would be $100/sample for OA-1 and
OA-2 analysis and additional field personnel labor would be $75/hour. Additional temporary
monitoring well installation would be $1,000/well based on the previously refenced assumptions.
Fees for other additional services outside the scope of this proposal will be provided, if applicable.
The project fee summary is based on the scope of services outlined in this proposal. This proposal
and fee estimate were prepared based on the following assumptions:
The City will provide to Terracon, prior to mobilization, legal right of entry to the site (and
other areas if required)to conduct the scope of services.
The City will notify Terracon, prior to mobilization, of any restrictions, special site access
requirements, or known potentially hazardous conditions at the site (e.g., hazardous
materials or processes, specialized protective equipment requirements, unsound structural
conditions, etc.).
Unified will provide UST Closure Services contractor activities per IDNR guidance and the
Unified costed estimate provided via email dated October 1, 2020 including providing a
licensed remover onsite. Terracon will be responsible for the environmental sampling and
reporting per IDNR guidance.
Unified will be responsible for contacting Iowa One Call to have public utilities marked prior
to the UST removal. Terracon will also contact Iowa One Call to have public utilities marked
prior to the temporary well installation.
We understand that the City will have their prime contractor, Lodge Construction, remove
the sidewalk, backfill the tank excavation, and return the area to existing grade and surface
conditions once the tank has been removed and closure sampling has occurred.
Concrete replacement is not included in the proposal scope and fee and is not reimbursed
by the Iowa UST Fund for UST closures.
Utilities on private land that are not located by public companies will be located by the City.
If it is determined that a private utility locater is necessary, Terracon can obtain the services
of a subcontractor at a cost plus 15%. The City will be informed of the fee prior to
engagement of the private utility locater.
Work can be performed during normal business hours (Monday through Friday, 7:00 am to
7:00 pm).
Responsive■ Resourceful ■ Reliable
Proposal for UST Closure Services Irerracon
City ROW Waterloo, Iowa
October 1, 2020 Terracon Proposal No. P13207088
Traffic control services are not required other than what is provided in the exclusion zone
and the area around the UST excavation by Unified. We understand that if lane closure is
necessary the City will provide assistance
The site is readily accessible by Unified excavation equipment and Terracon truck/drill rig.
City of Waterloo, Black Hawk County, and Iowa Department of Transportation permits are
not required other than specified in this proposal.
If any of these assumptions or conditions are not accurate or change during the project, the stated
fee is subject to change. Please contact us immediately if you are aware of any inaccuracies in
these assumptions and conditions, so we may revise the proposal or fee. In addition, additional
site reconnaissance and file review may indicate that additions to the scope of work will be
necessary. Additions to the scope of work as presented in this proposal will be handled under a
separate change order. Non-performance of subcontractors is not the responsibility of Terracon.
4.0 AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Services. Please return
an authorized copy of this proposal to Terracon and keep a copy for your records. This proposal
is valid for 60 days from the date of this proposal.
We appreciate the opportunity to provide this proposal and look forward to working with the City
of Waterloo on this project. If you have questions or comments regarding this proposal, please
contact Dave Cleary at (319) 277-4016 or via email at dave.cleary(@-terracon.com.
Sincerely,
Terracon Consultants, Inc.
Dave C. Cleary, REMInvironmental e M. Nelson, PG, CPG
Environmental Department Manager Project Manager
Attachment: Agreement for Services
Table 1
Copies: Iowa UST Fund
Table 1: Services and Fees
Terracon Proposal Number: P13207088
Site Name: City ROW
Address: 300 Jefferson Street
City, State: Waterloo, IA
LUST Number: NA
Registration Number: NA
Date: 10/1/2020 1rerracon
Cost per
Task Unit Unit Type No. of Units Total
Engineering Services
UST Closure Contractor- Unified* $ 7,000 CP 1.15 $ 8,050
Generated Waste Disposal -Sludge** $ 8.28 gallon 0 $ -
Generated Waste Disposal -Liquid** $ 1.26 gallon 1100 $ 1,386
Notifications/UST Closure Report $ 1,150 lump sum 1 $ 1,150
Subtotal $ 10,586
Field Services
Project Management-Certified Groundwater Professional $ 115 /hour 5 $ 575
Field Personnel Mobilization $ 275 /mobilization 4 $ 1,100
Daily equipment charges (IP/water probe, PID, sample pump, etc.) $ 250 /day 2 $ 500
Field Geologist/Engineer/Scientist $ 85 /hour 18 $ 1,530
Drill rig mobilization $ 550 /mobilization 1 $ 550
Temporary monitoring well installation-20' $ 1,250 /well 1 $ 1,250
every additional foot after 20' $ 25 /foot $ -
Subtotal $ 5,505
Sample preparation and laboratory analysis:
Soil: OA-1 (BTEX)and OA-2 (TEH) $ 100 /sample 1 $ 100
Groundwater: OA-1 (BTEX)and OA-2 (TEH) $ 100 /sample 1 $ 100
Subtotal $ 200.00
Total $ 16,291
*Unified cost estimate provided via email dated October 1, 2020. Actual fee plus 15% markup will be incurred.
**Estimated volume presented. Fee for the actual volume will be incurred. Presented rate includes 15%
markup.
Irerraca
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Reference Number:P13207088
AGREEMENT FOR SERVICES
This AGREEMENT is between City of Waterloo IA ("Client") and Terracon Consultants, Inc. ("Consultant")for Services to be provided by Consultant for
Client on the 300 Jefferson Street Orphan UST project ("Project"), as described in Consultant's Proposal dated 10/01/2020 ("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
$25,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. 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)
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.
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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 Consultants 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. In addition, Consultant retains the right to stop work without penalty at any time
Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to the
coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre-task planning and risk
assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the
coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus.
Consultant: Terracon Consul s, Inc. Client: City of Waterloo IA
By: Date: 10/1/2020 By: Oamtin Hmt Date: 10/12/2020
Name/Title: Dave C.Cleary, REM/Environmental Name/Title:
Department Manager Quentin Hart, Mayor
Address: 3105 Capital Way,Ste 5 Address: 715 Mulberry St
Cedar Falls, IA 50613-7030 Waterloo, IA 50703-5714
Phone: (319)277-4016 Fax: (319) 277-4320 Phone: (319) 291-4312 Fax:
Email: Dave.Cleary@terracon.com Email: Matt.Schindel@Waterloo-la.org
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