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HomeMy WebLinkAboutTerracon Consultants - Professional Services Agreement, Cont. No. 1015 02.01.2021 Irerracon January 6, 2021 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Matt Schindel P: (319) 291-4312 E: Matt.SchindelQWaterloo-la.org Re: Proposal for Soil Delineation and Bedrock Tier 2 Report City ROW 300 Jefferson Street, Waterloo, Iowa Registration No. 202000033 LUST No. 9LTS91 Terracon Proposal No. P13207110 Dear Mr. Schindel: Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to conduct soil delineation and Bedrock Tier 2 Report activities at the referenced site. Terracon has conducted thousands of environmental service projects across the country including the State of Iowa. 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 The Iowa Department of Natural Resources (IDNR) received the Underground Storage Tank Closure Report for the site on December 3, 2020 and provided a letter to the City of Waterloo on December 17, 2020. The closure report indicates that petroleum contamination above action limits established by IDNR were found at the site. IDNR request a Tier 1 report be prepared for the site. However, due to shallow bedrock and elevated soil concentrations a Tier 2 will be required for the site. The initial step in conducting the bedrock assessment is to define the area of soil impacts that exceed IDNR Tier 1 levels. The IDNR bedrock guidance does not allow monitoring well installation within 50 feet of the soil plume(s)to prevent the creation of a preferential pathway that would allow for soil contamination to enter the bedrock. However, if soil contamination that exceeds IDNR Tier 1 levels is removed or remediated below Tier 1 levels, well installation can proceed at the source areas (pump islands, UST basin, etc.). Terracon recommends that the soil Terracon Consultants Inc., 3105 Capital Way,Suite 5 Cedar Falls,IA 50613 P 319 277 4016 F 319 277 4320 terracon.com Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 impacts be defined in order to determine boundaries for an excavation to remove the soil contamination. Once the soil is excavated, the Tier 2 activities can proceed. This proposal presents the estimated fees for soil delineation at the site utilizing a Geoprobe® drilling rig to maximize efforts for sufficient delineation activities. Soil sampling at potential monitoring well locations will also be conducted to maximize onsite efforts and aid in delineation. 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 update our 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. The following scope of services presents Terracon's recommendations to delineate the soil contamination at the site and to complete the Bedrock Tier 2 Report utilizing IDNR guidance for bedrock sites. 2.1 Soil Delineation Due to proposed boring locations in the right of way, Terracon has included a site mobilization for boring layout and a joint meet with utility locators. Terracon will request municipal utility locations through Iowa One-Call. Onsite and private utilities will be provided by the client unless otherwise directed. If a private locate is necessary, these services will be provided on a time and material basis. Based on available information and the UST Closure Report, Terracon assumes product piping and product dispenser borings will not be required. Borings will be installed at locations to define the potential soil impacts and at the IDNR required locations. Proposed boring locations will be at four locations surrounding the former UST on City property. The actual number and location of borings will be dictated by field observations and Certified Groundwater Professional (CGP)discretion. Soil cuttings will be thin spread onsite. The borings will be continuously logged and field screened with a photoionization detector (PID) in one-foot intervals per IDNR guidance. The borings will be Recnnncive RPAniirrPflll Relinhle Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 advanced until PID readings are less than 10 parts per million (ppm)or to the depth of bedrock. Terracon anticipates that the borings will not extend deeper than 10 feet below ground surface (bgs); the anticipated depth to bedrock. Observations of the type of bedrock will be documented. If applicable, groundwater observations will also be documented during the boring installations. Discrete soil samples will be collected from the borings for laboratory analysis from the interval of highest PID reading. If PID readings are 0 ppm, samples will be collected at the interval of visual/olfactory impacts, the soil/bedrock interface, or the interval selected by the CGP. Terracon estimates that nine samples will be submitted for analysis. The actual number of samples will be dictated by field observations and CGP discretion. The samples will be collected in laboratory provided containers and submitted on ice to a State of Iowa certified laboratory under standard chain of custody protocols for analysis of benzene, toluene, ethylbenzene, and xylenes (BTEX) by Iowa Method OA-1 and total extractable hydrocarbons (TEH) by Iowa Method OA-2. Analysis of methyl-tert butyl ether(MTBE) in soil is not required by IDNR guidance. A letter summary report documenting the field activities and sample results will be prepared for submittal. The report will also include maps documenting the boring locations and areas of impacts, observations of bedrock, borings logs, laboratory analytical reports, tabled results, and recommendations of excavation activities, if applicable. 2.2 Tier 2 Activities Up to five monitoring wells are proposed to be installed to fulfill IDNR guidance requirements. The locations will be based on the results of the soil delineation and review of potential receptors and receptor boundaries. Terracon anticipates that the configuration of the wells will fulfill IDNR requirements at source locations and to delineate the soil and groundwater impacts. However, field observations and/or laboratory results may indicate that additional wells could be needed. The wells will be advanced according to IDNR guidance by logging and field screening soil cores continuously in one-foot intervals using a PID. The wells will be advanced approximately 5 feet into the observed groundwater table or until field screening results are less than 10 ppm. We expect this depth not to exceed approximately 20 feet bgs based on previously reported water levels in the vicinity of the site. If drilling in excess of 20 feet bgs or if upgraded bedrock drilling procedures are necessary, additional charges will be incurred. Responsive■ Resourceful ■ Reliable 3 Soil Delineation and Bedrock Tier 2 Report Proposal City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 The wells will be constructed according to IDNR guidance to intersect the groundwater table based on drilling observations and previously reported water levels in the vicinity of the site. The wells will be developed, top of casing and ground surface elevations will be surveyed to a known benchmark, and groundwater level measurements will be obtained. Purged groundwater will be thin spread onsite. Groundwater samples will be collected from the wells according to IDNR guidance after water level measurement and purging at least three well volumes. As part of Quality Assurance/Quality Control (QA/QC) protocols, we will obtain duplicate samples equivalent to ten percent of the total samples, one trip blank sample, and potentially one equipment blank sample if disposable supplies are not used. Purged groundwater will be thin spread onsite. The groundwater samples will be collected in laboratory provided containers and submitted to a certified lab under standard chain of custody protocols for analysis of BTEX and MTBE by Iowa Method OA-1 and TEH by Iowa Method OA-2. Terracon will conduct a survey for active, abandoned, and plugged private water wells within 1,000 feet of the site and public supply wells within one mile of the site utilizing the IDNR Facility Explorer and GEOSAM Databases, City of Waterloo, Black Hawk County Health Department, and a 300-feet onsite pedestrian reconnaissance. Terracon will attempt to identify both drinking water wells and other use water wells within required radii. Terracon will conduct a supplemental risk-based receptor survey to identify surface water bodies, water lines, sanitary sewers, basements, and other enclosed/confined spaces within the site vicinity. An explosive vapor survey will also be conducted to determine if combustible gases exceed 10% of the Lower Explosive Limit (LEL) at enclosed/confined spaces in the vicinity of the site. Terracon will conduct slug tests on three monitoring wells with geology representative of the site to calculate the hydraulic conductivity using the Bouwer/Rice method. The bedrock nature of the site assumes a protected groundwater source; however, the actual conductivity value for the site will be applied according to IDNR guidance. Terracon will complete a Tier 2 Report based on the sample results and identified pathways using IDNR software/application and guidance. The report will also include a recommendation of bedrock classification, site classification, and if corrective action or additional monitoring is required. If applicable, results of the excavation will be included in the Tier 2 assessment. Responsive■ Resourceful ■ Reliable Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 Additional Services Beyond Base Services The scope of this proposal is based upon IDNR guidance, documentation of the UST Closure Report, and the preliminarily available data. Documentation and sample data from the UST Closure Report and Soil Delineation will be incorporated into the Tier 2 Report. Fees for the above services are listed in Table 1 and are based on mobilization from Terracon's Cedar Falls, Iowa office. Four mobilizations are assumed to complete boring layout/public utility joint meet, the soil delineation, monitoring well installation, and groundwater sampling per IDNR guidance. Please note that the table is not all-inclusive. If, as a result of these services, additional work is required outside the scope of this proposal and beyond those outlined in the Table 1, you will be contacted, and upon request, proposed costs for additional work will be provided. Client authorization will be obtained prior to commencement of additional work outside the scope of this proposal. 2.3 Schedule Services will be initiated upon receipt of the written notice to proceed. In order to comply with the proposed schedule, the following items are required to be provided by the client at the time of notification to proceed in order to meet the client's required project completion date. Please include the following requested items along with the notification to proceed: Right of entry to conduct the field services. Notification of restrictions or special requirements (such as safety) regarding accessing the site. Locations of any buried tanks or other subsurface structures, including site service utilities, known to exist in the area. A signed Supplement to Agreement for Services (Agreement) evidencing acceptance of this scope of services. 2.4 Scope and Report Limitations The fees on Table 1 assume that boring locations are accessible by truck/track mounted equipment. Auger cuttings and purged groundwater will be thin spread on site unless otherwise requested by the client. The auger cuttings and purged groundwater can be containerized and disposed of at a permitted facility at additional cost if requested by the City of Waterloo. Since the scope of work is being performed for the City of Waterloo ROW permitting fees have not been included, if necessary the cost will be billed to the City of Waterloo. The findings and conclusions presented in the final report will be based on the site's current utilization and the information collected as discussed in this proposal. Please note that we do not warrant Responsive■ Resourceful ■ Reliable 5 Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 database or third-party information or regulatory agency information used in the compilation of reports. This evaluation will make use of Iowa-specific risk-based corrective action (RBCA) protocols to evaluate the nature of adverse environmental impact associated with the identified chemical release under 1996 changes to Iowa Administrative Code 45513, Chapter 135. The evaluation does not constitute a complete risk assessment consistent with the definitions and protocols of CERCLA. The client should recognize that no guarantee can be made that the RBCA evaluation will result in either a no action or reduced remedial recommendation. The limitations herein must be considered when the user of this report formulates opinions as to risks associated with the site. No warranties, express or implied, are intended or made. 3.0 COMPENSATION Fees for services specific to this site are$22,860 and are detailed in the attached Table 1. Interim invoices will be submitted regularly and are due upon receipt. Invoices will reflect the units performed in accordance with the above discussion and expressed 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 costs for additional work will be provided. Client authorization will be obtained prior to commencement of additional work outside the scope of this proposal. 4.0 AUTHORIZATION This proposal may be accepted by executing the attached Agreement for Services and returning one copy to Terracon. Services will be initiated upon receipt of the written notice to proceed. The terms, conditions and limitations stated in the Agreement, and sections of this proposal incorporated therein, shall constitute the exclusive terms and conditions and services to be performed for this project. This proposal is valid only if authorized within 90 days from the proposal date. -:ive -cefiil Reli- Soil Delineation and Bedrock Tier 2 Report Proposal Irerracon City ROW Waterloo, Iowa January 6, 2021 Terracon Proposal No. P13207110 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 either of the undersigned. Sincerely, Terracon Consultants, Inc. Dave C. Cleary, REM Xvironmental e M. Nelson, REM, CGP Environmental Department Manager Project Manager Attachments: Agreement for Services Copies: Addressee (2) Responsive■ Resourceful ■ Reliable 7 Table 1: Services and Fees Terracon Proposal Number: P13207110 Site Name: City ROW Address: 300 Jefferson Street City, State: Waterloo, Iowa LUST Number: 9LTS91 Registration Number: 202000033 Date: 1/6/2021 Irerracon Cost per Task Unit Unit Type No. of Units Total Engineering Services Soil Delineation Letter Report $ 1,250 lump sum 1 $ 1,250 Bedrock Tier 2 Report $ 3,500 lump sum 1 $ 3,500 Tier 2 Pathway Evaluations(GWI and Soil Leaching)* $ 250 /pathway 2 J$ 500 Subtotal $ 5,250 Field Services Field personnel mobilization (Up to 50 miles) $ 315 /mobilization 4 $ 1,260 Field receptor surveys (including explosive vapor,water wells, surface water bodies, enclosed space, and water lines) $ 250 lump sum 1 $ 250 Daily equipment charges (IP/water probe, PID, survey, etc.) $ 200 /day 3 $ 600 Geoprobe-Terracon Daily Rate $ 2,500 day 1 $ 2,500 Field Geologist/Engineer/Scientist** $ 85 /hour 30 $ 2,550 Hydraulic Conductivity Testting $ 300 /wellr:::2 $ 900 Drill rig mobilization (Up to 50 miles)with air compressor $ 1,250 /mobilization $ 1,250 Monitoring well installation-20' $ 1,100 /well $ 5,500 Trafic Control $ 500 each $ 1,000 Subtotal $ 15,810 Sample preparation and laboratory analysis: Soil: OA-1 (BTEX)and OA-2 (TEH) $ 100 /sample 9 $ 900 Groundwater: OA-1 (BTEX& MTBE)and OA-2 (TEH) $ 150 /sample 5 $ 750 Groundwater: QA/QC (trip,field and 10%duplicate blanks) $ 150 lump sum 1 $ 150 Subtotal $ 1,800 Total $ 22,860 Irerraca n Reference Number:P13207110 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 Jefferson Street ROW Tier 2 project("Project"), as described in Consultant's Proposal dated 01/06/2021 ("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 $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 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. Page 1 of 2 Rev.3-20 Irerracon- Reference Number:P13207110 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: Terragnn Con u nts, Inc. Client: City of Waterloo IA By: vU A—C Date: 1/6/2021 By: Date: 2/1/2021 Name/Title: Dave C.Cleary, REM/Environmental Name/Title: Mayor Quentin Hart/City of Waterloo Department Manager 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: QUENTIN.HART@WATERLOO-IA.ORG Page 2 of 2 Rev.3-20