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Signed Contract_Environmental Response Services for 925 Kerper Blvd, Terracon ConsultantsMasterpiece on the Mississippi Dubuque AIl-AmmicaCily 1 m 2007 TO: Michael C. Van Milligen, City Manager FROM: Steve Sampson Brown, Project Manager ,,,,,.g„,{i1 SUBJECT: Former Maintenance Garage Site — 925 Kerper Boulevard Terracon Consultants, Inc. — Proposal for Environmental Response Action Services DATE: March 20, 2012 INTRODUCTION This memorandum is to request approval of the proposal for environmental response action services between the City of Dubuque and Terracon Consultants, Inc. (Terracon) as it relates to the emergency sewer force main repairs at the former maintenance garage site at 925 Kerper Boulevard. BACKGROUND On the evening of October 4, 2011, Terracon mobilized to the former maintenance garage site to observe and monitor environmental conditions in conjunction with emergency force main repairs. Verbal authorization to proceed with the environmental response action services was provided by the City. DISCUSSION Since Terracon is continuing to provide technical services to Attorney at Law Les Reddick who is representing the City in regard to the Spahn & Rose Lumber Company legal matter, they have requested that an agreement be formalized. The attached proposal will provide a Final Environmental Response Action Summary Report that will document environmental issues pertaining to the: a) on -site activities including site preparation, excavation, and force main repairs; b) soil and wastewater sampling, characterization, and disposal. BUDGET To date $22,400 has been expended by Terracon on the forcemain break; only minor charges are expected in the future. This expense will be budgeted under the Force Main Repair Capital Improvement Project (CIP 7102347). ACTION TO BE TAKEN The approval of the proposal between the City of Dubuque and Terracon Consultants, Inc. as it relates to the environmental response action services for former maintenance garage site is requested. cc: Barry Lindahl, City Attorney Gus Psihoyos, City Engineer Attach. November 16, 2010 City of Dubuque Engineering Department 50 West 13th Street Dubuque, Iowa 52001 Attention: Mr. Steve Brown Re: Proposal for Environmental Response Action Services Former Maintenance Garage Site 925 Kerper Boulevard Dubuque, Iowa Project No. 07117053 Dear Mr. Brown: lierracon Terracon is pleased to present the City of Dubuque (Client) with our proposal to provide Environmental Response Action services for the location referenced above. We have set forth our understanding of the work and corresponding scope and fees. If we have misunderstood any aspect of the work, please let us know ..as..soon as possible so we can evaluate scope and make any necessary adjustments. A. PROJECT INFORMATION In response to a reported sanitary sewer force main break at the former Public Works Garage, Terracon mobilized to the site on the evening of October 4, 2011 to observe and monitor environmental conditions in conjunction with sewer force main repairs. The site is the location of a former coal gas manufacturing facility and is a listed Superfund site known as the People's Natural Gas Co. (Peoples) site. Verbal authorization to proceed with environmental response action services was provided by Mr. Steve Brown, Assistant City Engineer, City of Dubuque, on October 4, 2011. B. SCOPE OF SERVICES As requested by Client, Terracon provided on -site environmental monitoring, observation, and oversight services to support contractor's efforts during repair of the sanitary sewer force main. Terracon services included the following: Terracon Consultants, Inc. 870 40th Avenue Bettendorf, Iowa 52722 P [563] 355 0702 F [563] 355 4789 terracon.com Geotechnical • Environmental ■ Construction Materials I Facilities Proposal for Environmental Response Action Services Former Maintenance Garage Site a Dubuque, Iowa November 16, 2010 ■ Terracon Project No. 07117053 irerracan • Observation and documentation of on -site conditions resulting from force main break. • Consultation related to the handling and management of soils and wastewater generated in conjunction with repair activities. a Recommendations related to health and safety protocols and procedures. • Observation of on -site activities for conformance with established procedures • Collection of soil and sediment samples for evaluation of additional cleanup activities following completion of force main repairs • Collection of soil and wastewater samples for evaluation of disposal alternatives and waste characterization. • Consultation with Client regarding waste disposal alternatives • Arrange for and provide the services of a permitted hauler to transport and dispose of wastewater at the Iowa City South Plant facility. a Decontaminate wastewater tanks by triple- washing with a pressure washer and collecting residuals for transportation and disposal at the Iowa City South Plant facility Upon completion of on -site services related to the force main repair, collection and analysis of soil and wastewater samples, and disposal of residual materials, Terracon will prepare a Final Environmental Response Action Summary Report (Report). The Report will document environmental issues pertaining to on -site activities including site preparation, excavation, force main repair. In addition, the Report will include a discussion regarding soil and wastewater sampling, characterization, and disposal. The Report will include the following elements. • Topographic location map • Soil sample location map • Discussion of site activities and field methods • Discussion of soil and /or wastewater analytical results as compared to applicable action levels Terracon has initiated services based on an oral notice to proceed, however written notification to proceed must be provided to Terracon. We anticipate completing the Report within approximately 10 working days following completion of soil and wastewater disposal and receipt of waste disposal documentation. Consulting services related to waste disposal will be completed in accordance with a mutually agreed upon schedule. Responsive ■ Resourceful ■ Reliable 2 Proposal for Environmental Response Action Services Former Maintenance Garage Site • Dubuque, Iowa November 16, 2010 IN Terracon Project No. 07117053 1[erracon Terracon's report will be prepared for the exclusive use and reliance of Client and Spahn and Rose Lumber Company (Spahn and Rose). Reliance by any other party is prohibited without the written authorization of Client and Terracon. If Client is aware of additional parties that will require reliance on the report, the names, addresses, and relationship of these parties should be provided for Terracon approval before the time of authorization to proceed. Terracon will grant reliance on our report to Spahn and Rose and those approved parties upon receipt of a fully executed Reliance Agreement and an additional fee of $250.00 per relying party per report. If, in the future, Client and Terracon consent to reliance on the report by other parties, Terracon will grant reliance upon receipt of a fully executed Reliance Agreement and receipt of an additional fee of $250.00 per relying party per report. Reliance on the report by Client and all authorized parties will be subject to the terms, conditions, and limitations stated in the Professional Services Agreement (and sections of this proposal incorporated therein), the Reliance Agreement(s), and our Report. C. COMPENSATION Based on the scope of services presented in Section B, our estimate is as follows. Terracon will provide the scope of services presented in Section B on a time and material basis in accordance with our Unit Fee Schedule (attached). A summary of estimated fees is presented below. Our estimate is valid for 90 days from the date of this proposal. On -Site Observation $7,500 Soil & Wastewater Sampling $1,500 Laboratory Analysis $3,250 Environmental Consultation $2,500 Wastewater Disposal $2,000 Reliance Letter $250 Report $2,500 Total: $19,500 Interim invoices may be submitted and will reflect the actual units performed In accordance with Terracon's Unit Fee Schedule. Itemized costs are for budgeting purposes and the actual fees may vary upward or downward. Should conditions arise that require significant changes or increase in the scope of work, we will contact you and proceed further only with your approval. Responsive • Resourceful • Reliable 3 Proposal for Environmental Response Action Services Former Maintenance Garage Site a Dubuque, Iowa November 16, 2010 w Terracon Project No. 07117053 D. AUTHORIZATION 1%rracon Services will be provided in accordance with the Professional Services Agreement (Terracon Proposal Number 0707218) dated September 10, 2007. Services can be authorized by returning one signed copy of the attached Notice to Proceed to our Bettendorf, Iowa office. If you have any questions, please contact us. Sincerely, Terracon Consultants, Inc. J (n F. Brimeyer, PE Cale J. Wilson, PE Department Manager Environmental Manager Attachments JFB /BRP4b1 N :\Proposal Documents120101P071001111Proposal .doc APPROVAL AND NOTICE TO PROCEED The above proposal and referenced Professional Services Agreement are understood and accepted. BY: FOR: City of Dubuque (Signature) NAME: DATE: Responsive ■ Resourceful ■ Reliable 4 Construction Materials Testing Services Port of Dubuque Parking Facility Project Terracon Project No. 0707218 September 8, 2007 Terracon Consultants, Inc. EXHIBIT A: Terms and Conditions SECTION 1: SCOPE OF WORK: TERRACON shall perform the services defined in the contract pursuant to Terracon's letter Proposal dated August 8, 2007, which is incorporated into the Professional Services Agreement ( "Agreement ") to which these Terms and Conditions are appended as Exhibit A and shall invoice the City of Dubuque, Iowa ( "Client ") for those services at the fee schedule rates. Any cost estimates stated in this contract shall not be considered as a firm figure unless otherwise specifically stated in this contract. If unexpected site conditions are discovered, the scope of work may change even as the work is in progress. TERRACON will provide these additional services upon client approval at the contract fee schedule rates. Rates for work beyond the scope of this contract and not covered by the contract fee schedule will be provided at the time those services are provided. All costs incurred for the additional work while awaiting authorization from the client will be billed in accordance with the contract fee schedule and/or revised fee schedule. Fee schedules are valid for the term of this project. Execution of the Agreement by TERRACON and Client pursuant to this proposal will incorporate these terms and conditions. SECTION 2: ACCESS TO SITES, PERMITS AND APPROVALS: Unless otherwise agreed, the Client will furnish TERRACON with right -of- access to the site in order to conduct the planned exploration. While TERRACON will take all reasonable precautions to minimize any damage to the property, it is understood by the Client that in the normal course of work some damage may occur, the restoration of which is a part of this agreement. TERRACON will secure all necessary approvals, permits, licenses and consents necessary to the performance of the services hereunder. SECTION 3: UNANTICIPATED HAZARDOUS MATERIALS: The Client has provided currently available information to TERRACON relative to known or suspected hazardous substances which are or may be related to the services provided. Such hazardous substances include but are not limited to products, materials, by-products, wastes or samples of the foregoing which TERRACON may be provided or obtain performing its services or which hazardous substances exist or may exist on or near any premises upon which work is to be performed by TERRACON employees, agents or subcontractors. If TERRACON observes or suspects the existence of unanticipated hazardous materials during the course of providing services, TERRACON may at its option terminate further work on the project and notify Client of the condition. Services will be resumed only after a renegotiation of scope of services and fees. In the event that such renegotiation cannot occur to the satisfaction of TERRACON, TERRACON may at its option terminate this contract. SECTION 4: DISPOSAL 01? HAZARDOUS MATERIALS AND CONTAMINATED EQUIPMENT: TERRACON does not create, generate or at any time own or take possession or ownership of or arrange for transport, disposal or treatment of hazardous materials as a result of its exploration services. All hazardous materials including but not limited to samples, drilling fluids, decontamination fluids, development fluids, soil cuttings and tailings, used disposable protective gear and equipment, and remedial system discharges, are the property of the Client. [N /A to current project scope] SECTION 5: REPORTS AND INVOICES: TERRACON will furnish copies of reports to the Client during the progress of the work related to our services. TERRACON will submit invoices to the Client monthly and a final bill upon completion of services. Payment is due upon presentation of invoice and is past due thirty (30) days from the invoice date. Client agrees to pay a finance charge of one and one -half percent (1 -1 /2 %) per month, but not exceeding the maximum rate allowed by law, on past due accounts. Client also agrees to pay all costs and expenses, including reasonable attorney fees incurred by A -1 Construction Materials Testing Services Port of Dubuque Parking Facility Project Terracon Project No. 0707218 September 8, 2007 Terracon Consultants, Inc. TERRACON relating to successful collection procedures on overdue accounts. Failure of Client to abide by the provisions of this section will be considered grounds for termination of this agreement by TERRACON. SECTION 6: OWNERSHIP OF DOCUMENTS: All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by TERRACON as instruments of service, shall remain the property of the CIent. SECTION 7: STANDARD OF CARE: Services performed by TERRACON under this Agreement will be conducted 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. No other warranty, express or implied, is made or intended by the proposal for consulting services or by furnishing oral or written reports of the findings made. The Client recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys, tests or explorations are made by TERRACON and that the data, interpretations and recommendations of TERRACON are based solely upon the data available to TERRACON. TERRACON will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. SECTION 8: SUBPOENAS: The Client is responsible, after notification, for payment of time charges or expenses resulting from the required response by TERRACON to subpoenas issued by any party other than TERRACON in conjunction with work performed under this contract. Charges are based on fee schedules in effect at the time the subpoena is served. SECTION 9: LIMITATION OF LIABILITY: The Client agrees to limit TERRACON's liability to the Client arising from TERRACON's professional acts, errors, or omissions or breach of contract or other cause of action, such that the liability of TERRACON not exceed the insurance limits provided in Exhibit B, and Client hereby releases TERRACON from any liability above such amount. SECTION 10: INDEMNIFICATION: TERRACON shall indemnify, defend, and hold harmless the owner of the subject properties, Client and Client's officers, partners, employees, agents and representatives from and against all claims damages, losses and expenses, arising out of or resulting from TERRACON's recklessness or willful misconduct, negligence or breach of this Agreement. SECTION 11: INSURANCE: TERRACON shall provide insurance as set forth in the attached Exhibit B: Insurance Schedule. SECTION 12: TESTING AND OBSERVATION SERVICES: If TERRACON is retained by Client to provide a site representative for the purpose of testing or observing specific portions of the work or other field activities as set forth in the proposal, then this section applies. For the specified assignment, TERRACON will report test results, observations and professional opinions to Client. The presence of TERRACON field representatives will be for the purpose of providing field testing and observation. Our work does not include supervision or direction of the actual work of the Contractor, his employees or agents. The Contractor for this project should be so advised. The Contractor should also be informed that neither the presence of our field representative nor the testing and observation by our firm shall excuse him in any way for defects discovered in his work. The term "observation' implies that we would observe the progress of the work we have agreed to be involved with and perform tests from which to develop an opinion as to whether the work essentially complies with the job requirements. With any manufactured product that are statistical variations in its uniformity and the accuracy of tests used to measure its qualities. As compared with other manufactured products, field construction usually has wider fluctuations in both product and test results. Thus, even with very careful testing and observation, it cannot he said that all parts of the product comply with the A -2 Construction Materials Testing Services Port of Dubuque Parking Facility Project - Terracon Project No. 0707218 September 8, 2007 Terracon Consultants, Inc. job requirement. Our proposal is for the scope of services requested by our Client. The degree of certainty for compliance with project specifications is much greater with full time observation than it is with intermittent observation. 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. Terracon 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 agrees to the level or amount of testing performed and the associated risk. Client is responsible (even If delegated to contractor) for notifying and scheduling Terracon so Terracon can perform these Services. Terracon shall not be responsible for the quality and completeness of contractor's work or their adherence to the project documents, and Terracon's performance of testing and observation services shall not relieve contractor in any way from Its responsibility for defects discovered in its work, or create a warranty or guarantee. Terracon will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods. SECTION 13: SEVERABJLITY: If any of the provisions contained in the Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. SECTION 14: TERMINATION: This Agreement may be terminated by either party upon seven (1) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination TERRACON shall be paid for services performed to the termination notice date plus reasonable termination expenses. Expenses of termination or suspension shall include all direct costs of TERRACON required to complete analyses and records necessary to complete its files and may also include a report on the services performed to the date of notice of termination or suspension. SECTION 15: ASSIGNS: Neither the Client nor TERRACON may delegate, assign, subwrite or transfer its duties or interest in this agreement without the written consent of the other party. SECTION 16: PRECEDENCE: These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding TERRACON's services. SECTION 27: RELEASE OF INFORMATION: Reports, plans and other documents prepared by TERRACON become public information upon submittal to the Client. Release of information to the public will be arranged for and coordinated by the Client. Terracon shall not, without prior written consent of Client, reproduce, disclose, distribute or communicate, directly or indirectly to any person or entity any such information; provided, however, that TERRACON may make disclosures required by law or legal process, provided that prior advance notice of any such disclosure is given to Client. Construction Materials Testing Services Port of Dubuque Parking Facility Project Terracon Project No. 0707218 September 8, 2007 Terracon Consultants, Inc. EXHIBIT B: INSURANCE SCHEDULE INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2, All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. TERRACON shall furnish Certificates of I nsurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs 2 and 5 (as modified) or their equivalents to evidence inclusion in the policy. TERRACON shall also be required to provide Certificates of Insurance of all subcontractors, and all sub - subcontractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as are required of TERRACON. 4. Each Certificate of Insurance shall be submitted to the contracting department of the City of Dubuque, Iowa prior to commencement of work/service. (The contracting department shall submit the certificates to the Finance Director.) 5. All policies of insurance required in Paragraph 7, except Professional Liability, shall include the City of Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026 or equivalent) and the attached Governmental Immunities Endorsement. 6. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the insurance required herein shall be considered a material breach of this agreement. 7. TERRACON, subcontractors, and all sub - subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: PROFESSIONAL LIABILITY: $ 1,000,000 COMMERCIAL GENERAL LIABILITY: General Aggregate Limit $2,000,000 Products - Completed Operation Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 Commercial general liability shall be written on an occurrence form, not a claims made form. Coverage to include premises - operations- products - completed operations, independent contractors coverage, contractual liability, broad form property damage, and personal injury. UMBRELLA OR EXCESS LIABILITY $2,000,000 B -I