HomeMy WebLinkAboutTerracon PSA Saint Mary's Excavation & Backfill - 1.21.2025IFerracon
November 1, 2024
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Attn: Mr. Aric Schroeder
E: ARIC.SCHROEDER@WATERLOO-IA.ORG
Re: Proposal for Construction Observation and Materials Testing Services
Saint Mary's Excavation & Backfill
2127 E 4th St & 123 E Parker Street
Waterloo, Iowa
Terracon Proposal No. P13241168
Dear Mr. Schroeder:
3105 Capital Way, Suite 5
Cedar Falls, IA 50613
P (319) 277-4016
F (319) 277-4320
Terracon.com
As requested, Terracon Consultants, Inc. (Terracon) is submitting this proposal for construction
observation and materials testing services for the above -referenced project. This proposal outlines our
understanding of the project and scope of services, provides a fee schedule, and presents our Agreement
for Services.
Terracon has provided observation and testing services for similar projects. We believe our experience
and commitment to responsive quality service will make Terracon a valuable asset to the project.
1.0 PROJECT INFORMATION
■ Project information available for review at the time of this proposal includes:
— Project specifications provided by Aric Schroeder on October 23, 2024
■ We understand the project consists of:
— Demolishing and backfilling the Saint Mary's Church and School site at 2127 E 4th St and Saint
Mary's Villa at 123 E Parker St in Waterloo, Iowa.
Explore with us
Proposal for Construction Observation & Materials Testing Services
Saint Mary's Excavation & Backfill ■ Waterloo, Iowa
November 1, 2024 ■ Terracon Proposal No. P13241168
2.0 SCOPE OF SERVICES
2.1 Field and Laboratory Services
Terracon
Terracon will provide appropriately trained employees equipped to respond to the materials testing and
construction observation needs of this project as scheduled by the Client or your designated
representative. Based on our review of the information provided above, we understand the scope of
the on -call services includes:
■ Earthwork observation and testing
— Moisture and density testing of compacted fill
— Subgrade observations
■ Laboratory soil/aggregate testing
— Standard Proctors
■ Project Management
— Attendance at pre -construction and project meetings at Client's request
— Technical consulting at Client's request
— Supervision of laboratory and field services
— Preparation and review of project reports and invoices
If we have misunderstood any aspect of the proposed project, please advise us at once so we can
evaluate the scope of services and make any necessary adjustments prior to finalizing the contract.
Once the project is underway, you can request additional services. We will confirm your request by
sending you a short supplemental agreement form that states the additional services, making them part
of the original agreement.
2.2 Scheduling
Terracon's services will be performed on an as -requested basis with scheduling by the Client or the
client's designated representative. Terracon will not be responsible for scheduling our services and will
not be responsible for tests or observations that are not performed due to failure to schedule our services
on the project. Since our personnel will not be at the site on a resident basis, it will be imperative that
we be advised when work is in progress. Services should be scheduled a minimum of 24 hours in
advance. Scheduling personnel will be on an as -available basis which may require changes in personnel
assigned to the project. For instances of short -notice requests, personnel may have to be utilized which
have a higher rate than those normally assigned, and this higher cost may be passed on to the client.
All requests for services should be submitted to the Cedar Falls, Iowa office at the following phone
number: (319) 277-4016. Services should not be scheduled through our field personnel.
We recommend the scope of services described in this proposal be provided to the person(s) responsible
for scheduling our services, so they are aware of the services that are proposed.
Explore with us 2
Proposal for Construction Observation & Materials Testing Services
Saint Mary's Excavation & Backfill • Waterloo, Iowa
November 1, 2024 • Terracon Proposal No. P13241168
2.3 Data Collection and Reporting
Terracon
All field technicians are responsible for providing a daily report identifying what work was found to be in
compliance with the project specifications and drawings and report any non -conformances. The field
technicians are required to immediately communicate any non -conformances to the site superintendent
and our Project Manager. Effective and timely communication is essential for non -conforming items.
Our Project Manager will be responsible for reviewing each technician's reports, keeping non-
conformance lists up to date, and communicating test results in a timely manner.
To ensure our project manager and field personnel meet the goals we have set for report turnaround,
we have developed report tracking software to evaluate the status of any test result or report within our
system. This allows us to achieve better communication, more consistency, and faster turnaround of
reporting on the project. Data, observations, and other testing and inspection information are easily
entered into the system allowing for immediate availability for quality review and electronic distribution
of reports.
Terracon will maintain non-conformance logs and lists for all testing types performed by us. The list will
be maintained electronically in our database and can be updated and e-mailed or printed at any time.
2.3.1 CMELMSTM Management System
In order to provide our clients with real-time field and laboratory data management and reporting,
Terracon developed and maintains an automated application that we call CMELMS. The acronym stands
for Construction Materials Engineering Laboratory Management System and is utilized by
construction materials engineering and testing operations in our offices.
CMELMS is a complete and comprehensive field and laboratory testing data and results management
system. It automates the delivery of our testing and inspection information and can be used anywhere
with an internet connection or through a wireless device. Data (test results and inspections) can be
entered into the application right from the project site so that project managers and engineering staff
have real-time access to the field data. Final Client Reports are produced in the same application, which
allows us to achieve better communication, more consistency, and faster turnaround of reports on the
project.
2.3.2 Report Turnaround Time
Our Project Managers and/or field technicians will report failing tests or non-conformance items
immediately to the designated parties and will typically have digitally signed reports distributed by the
end of the next business day. As stated, using our CMELMS software and our field reporting and
communication services and capabilities, the test results and inspection information is quickly entered
into the system and a report produced. Non -deviation reports will typically be digitally signed and
distributed within 3 to 5 business days of service. Laboratory test reports will typically be digitally
signed and distributed within 2 business days of the completion of each test. Our reports can be sent
digitally via email, posted to our Client Portal, or posted to a designated ftp website.
2.4 Terracon's Incident and Injury -Free Culture
Employee safety is a core value of Terracon, and we are committed to an Incident and Injury -Free (IIF)
workplace. It is our personal and organizational commitment at all levels of the company to everyone
going home safe to their family every day. All employees are expected to perform their job assignments
Explore with us 3
Proposal for Construction Observation & Materials Testing Services
Saint Mary's Excavation & Backfill ri Waterloo, Iowa
November 1, 2024 x Terracon Proposal No. P13241168
liferracon
with safety as a primary objective. Terracon dedicates the time, resources, and equipment necessary
for an IIF environment and no employee will be required to work in unsafe conditions.
3.0 COMPENSATION
Fees for services provided will be based on the attached Unit Rate Schedule. These rates will apply for
the duration of the project.
It should be noted the Client would be billed only for the amount of service provided, i.e., Terracon will
not bill for the total budget if the total booked is less than the budget. Please note this is only a budget
estimate and not a not -to -exceed price. Many factors, including those out of our control, such as
weather and the contractor's schedule, responses to requests for information, and how often we are
called to the site, will dictate the final fee for our services. Furthermore, all costs associated with
deviations, re -testing and re -inspections of failing items, on -site standby time, overtime, and short -
notice premiums are not included in our estimated cost.
4.0 AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Services and returning it along
with this proposal to Terracon. We reserve the right to withhold our reports until the signed
Agreement has been received by Terracon. This Agreement, including the limitations it contains,
shall constitute the exclusive terms, conditions and services to be performed for this project. This
proposal is valid only if authorized within 90 days from the listed proposal date.
We appreciate the opportunity to provide this proposal and look forward to working with you on this
project. Please call the undersigned if you have any questions or would like to review this proposal.
Sincerely,
erracon Consultants, Inc.
Paul Ohden
Project Manager
Attachments: Unit Rate Schedule
Agreement for Services
Cameron Blinn
Materials Department Manager
Explore with us 4
Proposal for Construction Observation and Materials Testing Services
Saint Marys Excavation Backfill • Waterloo, Iowa
November 1, 2024 • Terracon Proposal No. P13241168
Unit Rate Schedule
jrerracon
PERSONNEL
1215 Field Technician
1205 Senior Technician
1119 Project Coordinator
1155 Project Manager
1150 Senior Project Manager
Rate Unit
$70.00 hour*
$85.00 hour*
$85.00 hour
$130.00 hour
$165.00 hour
LABORATORY TESTING
2039 Standard Proctor, Soil
2040 Standard Proctor, Rock
FIELD EQUIPMENT/MATERIALS
1631 Nuclear Density Gauge
1635 Cone Penetrometer
Miscellaneous Charges
EXPENSES
1620 Vehicle Charge
4040 Expedited Services Charge
$200.00 each
$240.00 each
$50.00 day
$20.00 trip
Cost + 20%
$35.00 trip
$140.00 each
*Overtime is defined as all hours in excess of eight (8) per day, outside of the normal hours of
7:OOAM to 5:OOPM Monday through Friday, and all hours worked on Saturdays, Sundays, and
holidays. Overtime rates will be 1.5 times the hourly rate quoted (2 times the hourly rate for Sundays
and holidays).
A 2-hour minimum charge per task is applicable to all site visits. Field services time will be rounded
up to the nearest 0.5 hour. Trip charge includes vehicle and mileage costs. Expedited service
charges may apply to all field services (per trip) with less than a 4 business hour notice and all rush
laboratory services.
Rates provided above are valid only if authorized within 90 days from the listed proposal date.
You will be invoiced on a periodic basis for services actually performed as authorized or requested
by you or your designated representative.
Responsive • Resourceful • Reliable
irerracon
Reference Number: P13241168
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 Saint Mary's Excavation & Backfill project ("Project"), as described in Consultant's Proposal dated 11/01/2024 ("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 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 ($2,000,000 occ / $4,000,000 agg); (iii) automobile liability insurance ($2,000,000 B.I. and P.D. combined single
limit); (iv) umbrella liability ($5,000,000 occ / agg); and (v) 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. 11-22
■ ierracon
Reference Number: P13241168
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 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 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 third parties, including 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 unsafe site
conditions. 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.
Consultant: Terracon C9p 6Itants, 1
By: �/2024
Name/Title: Cameron W Blinn / CMT Department Manager
Address: 3105 Capital Way, Ste 5
Cedar Falls, IA 50613-7030
Phone: (319) 277-4016 Fax: (319) 277-4320
Email: Cameron.Blinn@terracon.com
Client:
By:
Name/Title:
City of Waterloo IA
71/acs
Aric Schroeder l
SIGNED te:1 /21 /20255
Address: 715 Mulberry St
Waterloo, IA 50703-5714
Phone: (319) 291-4366 Fax:
Email: aric.schroeder@waterloo-ia.org
Page 2 of 2 Rev. 11-22