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HomeMy WebLinkAboutR-2022-012 Approving Task Order Number 7 with McClure RESOLUTION NO. R-2022-012 A RESOLUTION APPROVING TASK ORDER NUMBER 7 WITH MCCLURE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Riverside Board of Aldermen hereby approves Task Order Number 7 by and between the City of Riverside and McClure, in substantially the form attached hereto, and the Mayor is authorized to execute the Task Order Number 7 on behalf of the City; and FURTHER THAT the Mayor, the City Administrator and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized; and FURTHER THAT this Resolution shall be in full force and effect from and after its passage and approval. ADOPTED AND PASSED this / day of r 2022. M r Kathleen L. Rose ATTEST: Robin Kincai , City Clerk 1 Task Order Number 7 For Engineering Services This Task Order is entered into as of the 1ST of FEINuirl, 2022 (the"Effective Date"), by and between McClure, an Iowa corporation having an office at 1700 Swift St, Suite 100, North Kansas City, Missouri 64116 ("McClure") and the City of Riverside, Missouri, a Missouri municipal corporation(the"City"). WHEREAS, the City has engaged McClure to provide engineering services pursuant to the Agreement for Engineering Services dated October 6, 2020 pursuant to which the City may task McClure to provide additional professional engineering services on a project-specific basis by acknowledging a separate Task Order. NOW, THEREFORE, in consideration of the promises and mutual covenants between the parties and for other good and valuable consideration the receipt of which is acknowledged by the parties,they agree as follows: 1. Incorporation of Base Agreement. This Task Order is subject to all terms and conditions contained in the Agreement for Engineering Services dated October 6, 2020, that are not inconsistent with the specific terms contained herein, and the Agreement for Engineering Services dated October 6, 2020, between the parties is incorporated herein as if set forth in full by this reference. 2. Scope of Services. The Scope of Services pursuant to this Task Order are as contained in Exhibit A. 3. Term. McClure shall begin work pursuant to this Task Order No. 7 upon its Effective Date and shall continue until the Vivion Rd Trail Segment 1 [TAP-3454(401)]-222-072 ("Project") is completed as evidenced by final acceptance of the Project by the City. 4. Compensation. Unless compensation is set forth in this Task Order, compensation shall be as provided in the Agreement for Engineering Services dated October 6, 2020, between the parties. 5. Project Schedule. See project schedule in Exhibit A. 1 IN WITNESS WHEREOF, the McClure and the City have executed this Agreement as of the Effective Date. MCCLURE: CITY OF RIVERSIDE, MISSOURI: By: C By: `J 1,�,�,� Name:/ ARTT tigt-Dsi Name: Kathleen L. Rose Title: 14e07ECT A/4/ Title: Mayor Dated: 2 f / 2O e_ Dated: 1 ) ATTES . Robin Kincaid, ity Clerk By: �-�_` Name: : ian Koral Title: Cit dministrator Dated: a/` / 2 Exhibit A to Task Order 7 Scope of Services for Vivion Road Trail East Segment 1 [TAP-3454(401)] (220-072) PROJECT DESCRIPTION The City of Riverside desires to construct a new trail heading east out of the city.This project will consist of ROW documents,assistance with environmental clearances,and utility coordination for the City to utilize going into the final plan process. The new trail will begin at the cul-de-sac at the southern terminus of St Joe Boulevard and proceed along the west side of St Joe Boulevard and south side of Vivion Road until reaching Mulberry Drive.Of the 3,300 LF of trail,2,075 LF(63%) is within the City of Riverside and 1,225(37%)LF is within the City of Kansas City, Missouri. SCOPE OF SERVICES 1.Project Management- McClure will prepare monthly progress reports. 2.L,eeal Descriptions& Exhibits—Based on the alignment from the Prel minty Planning Phase, McClure will provide legal descriptions and exhibits based on the following breakdown. • St Joe Boulevard(Platte County,City of Riverside): one(1)temporary easement. • Vivion Road(Platte County,City of Riverside):three(3)permanent and three(3) temporary easements. • Vivion Road(Clay County,City of Kansas City,Missouri):three(3)permanent and three(3)temporary easements. 3.ROW Plan Sheets • Per MoDOT Requirements,McClure will add plan sheets depicting any ROW `takings' (defined as new ROW,permanent or temporary easement). • The plans will supplement the existing preliminary plan package and include color-coded sheets showing takings by property owner: 4.1Vleetings/Conference Calls-McClure will participate in two(2)meetings with City of Riverside staffduring development of the ROW Plans. The purpose of these meetings will be to review permitting details and during the ROW phase. 5. 404/401 Permit Application-McClure will apply for and obtain 404/401 permits and provide plans in compliance with the U.S. Army Corps of Engineers(USACE). 6.SWPPP—Based on this project disturbing more than one(1)acre of land, McClure will prepare a Stormwater Pollution Prevention Plan(SWPPP)for use by the contractor during construction. The City will obtain the land disturbance permit. 3 7. Utility Coordination—McClure will submit preliminary plans to all known utilities within the trail corridor. McClure will conduct one(1)utility meeting(virtual)with all utilities and track known conflicts for each utility (Note: initial solutions for reconciling conflicts will be discussed,but none will be finalized until final design). 8.Soil Borings&Laboratory Testing—McClure will coordinate geotechnical borings to be made within the paved shoulder of the south side of Vivion Road at the culvert crossing (south of the Vivion Road& Frontier Road intersection). McClure will review the draft soil borings and assign the laboratory testing accordingly(within the testing budget provided by Alpha Omega). Tests based on the borings include: moisture content, Atterberg Limits,Grain Size Analysis, Dry Unit Weight, Consolidation& Consolidated Undrained Triaxial. (See attached quote from Alpha Omega to provide the drilling). 9.Hydraulic Analysis using HEC-RAS to confirm `No-Rise' Condition—McClure will use the hydraulic model provided to the City by FEMA. The model will be updated to reflect existing conditions using the U.S. Army Corps of Engineers' HEC-RAS computer analysis program(v5.0 or more recent)to create a baseline. A proposed conditions model will then be created to confirm a No-Rise Condition as the trail crosses the culverts. It is assumed the proposed conditions model will not require extending the existing boxes south of Vivion Road and will utilize a wall on top of the existing boxes with walls extending parallel to Vivion Road to minimize disturbance or fill along the channel edge. A technical memorandum will be prepared to summarize the hydraulics performed. A floodplain development permit application will be completed along with a no-rise certificate for the proposed trail crossing over the culverts. 10. Project Schedule (assuming NTP by 02/02/2022) • Draft ROW Plan Set on or before February 25,2022. • No-Rise Analysis on or before February 25,2022 (FEMA model has been received). • Legal Descriptions and Exhibits on or before February 25,2022. (this date may be delayed by the City depending on initial contact with landowners) • Draft 404 Permit Application on or before February 25,2022. 11. Exclusions • Individual 404 Permit or Wetland Delineation • No Plans, Specs& Estimate for Final Design • No Permit Fees • No FEMA Conditional Letter of Map Revision(CLOMR)/Letter of Map Revision(LOMR)services are included. • No Public outreach or public presentation work included. • No Construction Administration 4 Exhibit B McClure Engineering Company PROJECT: Riverside On{ell Tasa O rde 7 PROJECT NO.:MEC aorrer-020 LOCATION:Vivian Road Trail(Eaetl—ROW Phase (From St Joe Blvd tulle-sac through Mulberry) DATE:11,30i2021 Roadway Agreement for Engineering Services Assumptions TIME Project Junior Landscape Project Senor Professional Survey Office Expenses SUL-TOTAL Coordinator Professional Architect Professional Manager Professional Crew Technician (Permitting) (Engineer) (Engine.,) (Engineer) (Engineer) (Surveyor) (Surveyor) TOTAL Tees 130m 130.00 150.00 150.03 180.00 225.00 tram 200.00 110.00 HOURS (2) 1.01 Project Management 12 12 2,1w 2A1 ROW Wan Sneer. 12 4 18 2,200 2.01 Legal Descriptions S Exhibits Anticipate eleven(It)eeeemems(permanents bmpOM) 2 IS 03 7e 10,4e0 401 Maetings/Lonhrence Calla __ _ 4 6 1,240 6A1 404/e01 Permit APPlCation 10 2 12 1,044 ta1 SWPPP 8 8 1,440 2A1 Utility Coordination a 12 15 2.100 SL1 Soil Borings t Laboratory Testing Ptb exhales quote from Alpha Omega with McClure's Nilson 14 2 4 20 2 9321 12,080«.penes for perm.hnical drilling 9.01 RECAAS AnapeAS(MOJIi.e Condition) 30 20 6,400 (See attached Exmh.0 from Alpha Omega) PROJECT TOTAL 14 It t 14 T6 4 $1 0 2e III $ 40,180 EXHIBIT C 1701 STATE AVENUE KANSAS CITY,KS 66102 P 913.371.0000 F 913.371.6710 ALPHA-OMEGA GEOTECH AOGEOTECH.COM McClure Engineering November 30, 2021 Allam Ardah, PHD, PE 1360 NW 121'St. Clive, IA, 2370 515-964-1229/aardah@mcclurevision.com.com AOG 1363-E Re: Request for Quote—Geotechnical Drilling& Laboratory Services for the proposed Vivion Rd. East Trail Retaining Wall project, located in Riverside MO. Dear Allam: Clients need to consider many elements when considering a partner to perform geotechnical engineering services. Items such as project management capability, experience of staff, local knowledge, flexibility, and cost control are all crucial factors in choosing the best partner. As the local geotechnical drilling expert in metropolitan Kansas City, Alpha-Omega Geotech, Inc. (AOG) has a deep understanding and an unmatched in-house skillset to service clients such as McClure for the proposed Geotechnical Drilling and Laboratory Services. It is understood that the project area is in Missouri Department of Transportation right-of-way and will require an approved Traffic Plan and Permit issued by the Missouri Department of Transportation (MoDOT). The McClure RFP has requested that two borings be drilled,one east and one west of the culvert bridge on the south side of Vivion Rd (HWY 69) (as out lined in the embedded boring plan). It is understood AOG will be responsible for the following: • MO Department of Transportation ROW Permit. • Formal Traffic Control Plan. • Public utility clearances (Missouri One-Call). • Field drilling and sampling per provided scope of work. • Backfill all borings local specifications. • Transport samples back to AOG Laboratory. • Provide Data Report and Laboratory results from requested McClure lab assignments. McClure Responsibility: • Provide project requirements and drilling specifications. • Provide site lay out. • Field locate borings two weeks prior to mobilization. • Provide site access and necessary contacts. • Provided approval on any boring location offsets and adjustments to boring plan and/or scope. • Provide Laboratory Assignments. DRILL&LAB TESTING FOR VIVION RETAING WALL PREPARED FOR McCLURE ENGINEERING AOG 1363-E November 30,2021 WHY ALPHA-OMEGA GEOTECH? AOG is your partner to fulfill all engineering-to-field services with a "worry free" experience that allows you to focus on your project and business while we handle all your geotech needs. But that does not mean that this is not a collaborative effort. We know that your project is indeed your project, so we develop recommendations in collaboration with you that satisfy project and site needs. And our WORRY FREE RESPONSIVE size allows us to respond smartly and with purpose to any concerns WHY you have along the way and to any unforeseen circumstances. Clients value that we are a local business with long-standing, experienced professionals. Founded by a geotechnical engineering Ec E professor from The University of Kansas, AOG prides itself on SEASONED PRESENCE developing local talent, including field technicians, engineers, inspectors, and drilling professionals with hundreds of years of combined experience on projects just like yours. These cross- trained, certified, highly experienced professionals have been serving clients exclusively in the greater Kansas City area for 38 years and have developed strong geological knowledge and connections in our community. Eighty percent of our business is repeat, referral, and word-of-mouth business from clients such as you, proving that the Kansas City community is as engaged in our work as we are with Kansas City.We would be honored to provide engineering- to-field services for your projects,just as we have on more than 350 projects last year alone. DRILLING AND SAMPLING AOG anticipates clean, clayey soils free of gravel, rubble and other debris will be encountered beneath the ground surface at the proposed location. Based on the provided boring plan and request,AOG will perform 2 test borings as indicated by provided boring plan to be determined to be drilled for this project. Summary of Required Drilling and Sampling Depths for the Borings Boring Location Depth Sampling(feet) B1, B2 As Staked 40/AR SPT @ 1.5-3, 3.5-5, 6-7.5, 8.5-10, 13.5-15 every 5 ft there after If in Cohesive soil push a Shelby tub before or after SPT Drilling Footage 80 AR:Auger refusal ST:Shelby tube,thin-walled steel tube sampler(ASTM D1587) SPT:Standard Penetration Test(ASTM D1586) 2 ALPHA-OMEGA GEOTECH DRILL&LAB TESTING FOR VIVION RETAING WALL PREPARED FOR McCLURE ENGINEERING AOG 1363-E November 30,2021 Although it is anticipated that clean clay soils would be encountered, it may become necessary to consider a different subsurface investigation approach (such as test pit excavations) if shallow auger refusal is encountered on buried rocky fill, other debris or other unexpected findings to provide the geotechnical engineering related findings. BORING DIAGRAM Vivion Road East Trail •4'' Legend 't Feature 1 4P° • '''°:;;;;410t Google Earth ;:tt LABORATORY TESTING To be performed as requested by McClure,testing to be performed is as follows: Moisture Content Testing Atterberg Limit Testing Dry Unit Weight ASTM D7263 Classification Grain-size (Sieves and Hydrometer)ASTM D422 Triaxial CU ASTM D4767 Consolidation (one loading unloading reloading cycle)ASTM D2435 REPORT A Laboratory Data report will be provided. 3 ALPHA-OMEGA GEOTECH mF DRILL&LAB TESTING FOR VIVION RETAING WALL PREPARED FOR McCLURE ENGINEERING AOG 1363-E November 30,2021 LOGISTICS We assume the site will be accessible to our CME 55 truck-mounted Drill rig or CME 55 ATV track-mounted drill rig,which is specially equipped to minimize damage to landscape, and to handle off-road drilling conditions or poor site access conditions due to weather. Borings will be backfilled in accordance with MoDOT and State specifications upon completion of drilling. We will Submit for MoDOT ROW Permit, and we will call the Missouri One-Call to locate the public underground utilities at this site prior to drilling. Also, if any privately-owned utilities have been installed in the area where these borings are to be made,they must also be located prior to drilling. Boring layout will be approximate unless the boring locations are staked. Distances from available features are generally measured using tape or by pacing. Unless otherwise provided, surface elevations of the boring locations will not be determined. Finally, although we will do our best to minimize landscaping damage, it is assumed that others will correct any landscaping damage that is caused by this work, if needed. We anticipate that our full-time employees will perform all fieldwork using our CME 55 (ATV or truck-mounted) drill rig. All testing services will be completed by our in-house soil testing laboratory. Finally, we anticipate that our engineering staff would provide all necessary geotechnical engineering consulting services for this project. SCHEDULE Depending on the amount of rock encountered (see the "Drilling and sampling" section of this proposal), it is expected the drilling and sampling can be completed in 1 to 2 drill rig days. Based on our current drilling schedule and depending on weather and site conditions,we could mobilize our drill rig and crew to your site within 10 to 15 working days of receiving a notice-to-proceed. 4 ALPHA-OMEGA GEOT=CH DRILL&LAB TESTING FOR VIVION RETAING WALL PREPARED FOR McCLURE ENGINEERING AOG 1363-E November 30,2021 COMPENSATION Cost Estimate: A cost of$9,520.00 is estimated to complete the drilling, sampling, laboratory testing.This will be invoiced at the rates in the table below,valid for 90 days from the date of this proposal. ITEM DISCRIPTION ESTAMATED UNIT UNIT TOTAL QUANTITY RATE MoDOT Permits 4 HR $95.00 $380.00 Drill Rig Mobilization/De-Mobilization 1 LS $400.00 $400.00 Drilling &sampling every 2.5'in top 10'then every 5' foot $13.75 $1,100.00 thereafter, in soil (0'-40') 80 Mud/NX Casing surcharge 0 foot $6.00 $0.00 Backfill with Bentonite Hole Plug 80 feet $5.00 $400.00 Patch Pavement 2 feet $50.00 $100.00 sub total $2,280.00 Testing Extrude and log Shelby tubes 0 each $12.00 $0.00 Natural Moistures ASTM D2216 15 each $12.00 $180.00 Atterberg limits(LL, PL)ASTM D4318 4 each $75.00 $300.00 Unit Weight 4 each $15.00 $60.00 Sieve Analysis(Sieves& Hydrometer)ASTM D422 4 each $75.00 $300.00 Unconfined (soil) ASTM D2166 0 each $50.00 $0.00 CU-Triaxial Test(3-points)ASTM D4767 2 each $1,350.00 $2,700.00 UU-Triax(1-pts)ASTM D2850 0 point $250.00 $0.00 Specific Gravity Determination 0 each $55.00 $0.00 1-Demensional Consolidation ASTM D2435, Method each $450.00 $900.00 B 2 sub total $4,440.00 Data report 1 LS $800.00 $800.00 Traffic Control Cost plus 20% Cost+ 20% Estimated $2,000.00 Estimated Total $9,520.00 All work described herein will be performed by qualified personnel under the direction of a professional Engineer. AOG has a $1 million professional liability(errors and omissions) insurance policy as well as a $2 million general liability policy with a $4 million umbrella. We also have workman's compensation insurance that meets the minimum requirements set forth by law. Certificates of these insurance policies are attached with this proposal. This proposal is prepared for the exclusive use of McClure Engineering for specific application to the project discussed herein and has been prepared in accordance with generally accepted geotechnical engineering practices within the constraints of McClure's request. The attached Terms and Conditions are considered a part of this proposal and will be incorporated by reference into our agreement. 5 ALPHA-OMEGA G=OT=CH DRILL&LAB TESTING FOR VIVION RETAING WALL PREPARED FOR McCLURE ENGINEERING AOG 1363-E November 30,2021 We look forward to working with you on this project. If you have any questions regarding this proposal, please call us at (913)371-0000. Sincerely, Cam- a./.24f. _ Garic Abendroth, P.E. Charles W.Valenta Director of Engineering Exploration Field Manager 6 ALPHA-OMEGA GEOT=CH DRILL&LAB TESTING FOR VIVION RETAING WALL PREPARED FOR McCLURE ENGINEERING AOG 1363-E November 30,2021 AUTHORIZATION FORM Project:DRILL&LAB TESTING FOR VIVION RETAING WALL Date: November 30,2021 Prepared by Charles W.Valenta Reference No.:AOG 1363-E Alpha-Omega Geotech, Inc. 1701 State Avenue, Kansas City, KS 66102 cvalenta@aogeotech.com www.aogeotech.com Cost Estimate:Invoiced at the rates indicated with in the table located in the compensation paragraph for drilling, sampling, laboratory testing.This amount,and unit rates included herein, is valid for 90 days from the date of this proposal. To authorize the scope of services described in the above-referenced proposal, please return an executed copy of this signature sheet to our office via email,fax,or mail. Electronic signatures are acceptable. If you have any questions regarding this proposal, please call us at(913)371-0000. ACCEPTED BY: Client(please print): Address of Client: Representative: Phone Number: Fax Number: Email: Signature of Representative: Please note that an authorized representative of the client and not another party acting as an agent of the client must execute this agreement. All services rendered under this agreement will be provided in accordance with the enclosed terms and conditions on behalf of the client and invoices will be submitted to the address given above. 7 ALPHA-OMEGA G=OT=CH TERMS AND CONDITIONS ALPHA-OMEGA GEOTECH,INC. SECTION 1: SCOPE OF WORK: ALPHA-OMEGA GEOTECH(AOG)shall perform the services defined in the contract and shall invoice the Client for those services at the lump sum or fee schedule rate. Any opinions as to probable or estimated cost stated in this contract,if given,shall not be considered as a firm figure unless otherwise specifically stated in this contract. If unexpected site conditions are encountered,the scope of work may change even as the work is in-progress. AOG will provide these additional services at the contract fee schedule rate. If our personnel are scheduled by the owner,contractor or other designated representative,or otherwise required by building code or project requirements,all services beyond the scope of this contract will be provided at the unit rates given even if the total cost of those services exceeds the estimated total,contract or purchase order amount. All costs incurred because of delays in authorizing the additional work will be billed to the Client Fee schedules are valid for one year following the date of the contract unless otherwise noted. AOG's services do not include the investigation or detection,or address in any manner,the presence or prevention of biological pollutants,(e.g.mold,fungi,bacteria,viruses or their byproducts)or any occupant safety issues. In the event that the 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. Commencement of services by AOG pursuant to this proposal shall constitute formal acceptance of these terms and conditions in their entirety. SECTION 2: ACCESS TO SITES,PERMITS AND APPROVALS: Unless otherwise agreed,the Client will furnish AOG with right-of-access to the site in order to conduct the planned exploration. While AOG will take all reasonable precautions to minimize any damage to the property,the Client understands that in the normal course of work some damage may occur,the restoration of which is not part of this agreement. Unless otherwise agreed,the Client will secure all necessary approvals,permits,licenses and consents necessary to the performance of the services hereunder. SECTION 3: SOIL BORING AND TEST LOCATIONS: The accuracy and proximity of provided survey control will affect the accuracy of in-situ test location and elevation determinations. Unless otherwise noted,the accuracy of test locations and elevations will be commensurate only with pacing and approximate measurements or estimates, If greater accuracy is required, the services of a professional surveyor should be obtained. The Client will furnish AOG with a diagram indicating the location of the site. Boring and test locations may also be indicated on the diagram. AOG reserves the right to deviate a reasonable distance from the boring and test locations unless this right is specifically revoked by the Client in writing at the time the diagram is supplied. AOG reserves the right to terminate this contract if conditions preventing drilling at the specified locations are encountered which were not made known to AOG prior to the date of this contract SECTION 4: UTILITIES: In the performance of its work,AOG will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client agrees to hold AOG harmless and indemnify AOG for any claims,payments or other liability,including costs and reasonable attorney fees,incurred by AOG for any damages to subterranean structures or utilities which are not called to AOG's attention,are not correctly marked including by a utility locate service,or are incorrectly shown on the plans furnished to AOG. SECTION 5: UNANTICIPATED HAZARDOUS MATERIALS: It shall be the duty of the owner,the Client,or their representative to advise AOG of any 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 AOG 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 AOG employees,agents or subcontractors. If AOG observes or suspects the existence of unanticipated hazardous materials during the course of providing services,AOG may at its option terminate further work on the project and notify Client of the condition. Services will be resumed only after a re-negotiation of scope of services and fees. In the event that such re- negotiation cannot occur to the satisfaction of AOG,AOG may at its option terminate this contract. SECTION 6: DISPOSAL OF HAZARDOUS MATERIALS AND CONTAMINATED EQUIPMENT: AOG 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, and used disposable protective gear and equipment, are the property of the Client,and responsibility for proper transportation and disposal is the Clients unless prior contractual arrangements are made. All laboratory and field equipment that cannot readily and adequately be cleansed of its hazardous contaminants shall become the property and responsibility of the Client The Client shall purchase all such equipment and It shall be turned over the Client for proper disposal unless prior alternate contractual arrangements are made. SECTION 7: INVOICES: AOG may submit invoices to the Client twice monthly or as phases are completed,and a final bill upon completion of services. Any retainer required by AOG shall be held and applied against the final invoice. Payment is due upon presentation of invoice,and,unless other arrangements are made,is past due thirty(30)days from the invoice date. Client agrees to pay a finance charge of one and one-half percent(1-112%)per month,but not exceeding the maximum rate allowed by law,on past due accounts calculated from the invoice due date. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal. If the Client fails to make payments when due and AOG incurs any costs in order to collect overdue sums from the Client,the Client agrees that all such collection costs Incurred shall immediately become due and payable to AOG. Collection costs shall include,without limitation,legal fees,collection agency fees,and expenses,court costs,collection bonds and reasonable AOG staff costs at standard billing rates for AOG's time spent in efforts to collect. This obligation of the Client to pay AOG's collection costs shall survive the term of this agreement or any earlier termination by either party. If the Client fails to make payment to AOG in accordance with the payment terms herein,this shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by AOG. Payment of any invoice by the Client to AOG shall be taken to mean that the Client is satisfied with AOG's services and is not aware of any deficiencies in those services. In the event that AOG's services are ultimately paid by another party,the Client shall make payment in full for all undisputed amounts within 45 calendar days regardless of whether the Client receives payment from that other party. If the Client objects to any portion of an invoice,the Client shall so notify AOG within 20 calendar days of receipt of the invoice. The Client shall identify in writing the specific cause of the disagreement and the amount in dispute,and shall pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement. It is the responsibility of the Client to determine whether federal,state or local prevailing wage requirements apply and to notify AOG if prevailing wages apply. If it is later determined that prevailing wages apply,and AOG was not previously notified by Client,the 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 AOG 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. SECTION 8: OWNERSHIP OF DOCUMENTS: All reports, boring logs,field data,field notes,laboratory test data,calculations,estimates,and other documents prepared by AOG as instruments of service,shall remain the property of AOG unless there are other contractual agreements. SECTION 9: CONFIDENTIALITY: AOG shall hold confidential all business or technical information obtained from the Client or his affiliates or generated in the performance of services under this agreement and Identified in writing by the Client as'confidential.' AOG shall not disclose such information without the Client's consent except to the extent required for. 1) Performance of services under this agreement 2)Compliance with professional or ethical standards of conduct for preservation of public safety,health,and welfare;3)Compliance with any subpoena,court order or other governmental directive and/or,4)Protection of AOG against claims or liabilities arising from performance of services under this agreement. AOG's obligation hereunder shall not apply to information in the public domain or lawfully acquired on a non-confidential basis from others. SECTION 10: STANDARD OF CARE: Services performed by AOG 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,expressed 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 AOG and that the data,interpretations and recommendations of AOG are based solely upon the data available to AOG. AOG will be responsible for those data,interpretations,and recommendations,but shall not be responsible for the interpretations by others of the information developed. The American society for testing and materials(ASTM)and other organizations have developed a variety of prescriptive professional practice standards(standard practices and standard guides)that identify specific methods professionals could or should use to obtain results. Such prescriptive professional practice standards fail to consider the unique needs of a Client,the Clients project-specific expectations,or the requirements and obligations of the professionals engaged to provide the service,nor do they consider more effective techniques that may have 08/16/2016 Page 1 of 2 been developed subsequent to the issuance of such standards. These ASTM and any other standards are generic and general in nature and,therefore,do not constitute,nor are they tantamount to the applicable standard of care,which necessarily is defined and must consider projecllspecific contractual terms and other particular needs,expectations,circumstances,and requirements of the project and the professional engagement. As such,strict or even general adherence to ASTM's or any other organization's prescriptive professional practice standards may not be appropriate or in the best interests of the Client or the project. Accordingly,unless indicated otherwise in AOG's instruments of service,AOG is not following prescriptive professional practice standards issued by ASTM or any other organization,and has instead worked to develop a scope of service specifically for this project,in accordance with the Clients directive,budgetary constraints,needs and/or preferences as well as AOG's contractual obligations. SECTION 11: SAFETY: AOG has adopted safety policy procedures for its personnel when providing services at known or suspected hazardous waste sites. AOG personnel will adhere to these procedures,as site conditions require. A copy of each site's safety policy and procedures for environmental/hazardous waste projects is on file with the corporate safety officer and is available for review. AOG is not responsible or liable for injuries or damage incurred by third parties who are not employees of AOG. It is understood that AOG will not be responsible for job or site safety of the project All job and site safety including but not limited to OSHA Subpart P will be the sole responsibility of the contractor unless contracted to others. SECTION 12: SUBPOENAS: The Client Is responsible, after notification, for payment of all time charges and expenses including legal expenses incurred by AOG resulting from the required response by AOG to subpoenas issued by any party other than AOG in conjunction with work performed under this contract Charges are based on fee schedules in effect at the time the subpoena is served. This obligation of the Client to pay all of AOG's costs associated with responding to such subpoenas shall survive the term of this agreement or any earlier termination by either party. SECTION 13: LIMITATION OF LIABILITY: Client and AOG have evaluated the risks and rewards associated with this project including AOG's fee relative to risks assumed,and agree to allocate the associated risks. To the fullest extent permitted by law,the total aggregate liability of AOG and its employees to Client and all third parties granted reliance is limited to the greater of$10,000 or AOG's fees for any and all injuries,damages,claims,losses or expenses including attorney and expert fees arising out of AOG's services or this Agreement. The Client • hereby releases AOG from any liability above such amount Client and AOG acknowledge that this provision was expressly negotiated and agreed upon. SECTION 14: INSURANCE: AOG carries worker's compensation and employer's liability insurance and has coverage under public liability and property damage insurance policies. Certificates for all such policies of insurance will be provided to Client upon request Within the limits and conditions of such Insurance,AOG agrees to indemnify and save Client harmless from and against any loss,damage,injury or liability arising from any negligent acts of AOG,its employees,agents,subcontractors and their employees and agents. AOG shall not be responsible for any loss,damage or liability beyond the amounts,limits and conditions of such insurance. AOG shall not be responsible for any loss,damage or liability arising from any acts by a Client,its agents,staff,consultants employed by others,or other third parties who are not employees of AOG. SECTION 15: INDEMNITY: The Client acknowledges that AOG has neither created nor contributed to the creation or existence of any hazardous,radioactive,toxic,irritant,pollutant,or otherwise dangerous substances or conditions at the site. Accordingly,except as expressly provided in this contract,the Client waives any claim against AOG and agrees to indemnify and save AOG,ifs agents,and employees harmless from any claim,liability or defense cost,Including but not limited to attomey fees and other incidental costs,for Injury or loss sustained by any party from such exposures allegedly arising out of or related to AOG's performance of services hereunder. Client and AOG agree that they will not be liable to each other, under any circumstances,for special,consequential or punitive damages arising out of or related to this Contract. SECTION 16: THIRD-PARTY RELIANCE AND BENEFICIARIES: This Agreement and all services provided by AOG are for the Clients sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon any services provided by AOG is limited solely to our Client,and is not intended for third parties. Furthermore,nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or AOG. AOG's services under this Agreement are being performed solely for the Clients benefit,and no other party or entity shall have any claim against AOG because of this Agreement or the performance or non-performance of services hereunder. SECTION 17: TESTING AND OBSERVATION SERVICES: If AOG 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,AOG will report test results,observations and professional opinions to Client. Client understands and accepts that testing and observation are discrete sampling procedures,and that such procedures indicate conditions only at the depths,locations and times that the procedures are performed. Furthermore,the Client understands and accepts that testing and observation are not continuous or exhaustive,and are conducted to reduce,not eliminate, project risk. The presence of AOG 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 manner whatsoever for defects discovered in his work or compliance with the local building code,project plans and specifications or standard construction practices. 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 is in substantial compliance with the project plans and specifications. With any manufactured product there 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 be said that all parts of the product comply with the job requirements. Our proposal is for the scope of services requested by our Client which includes agreement and acceptance by our Client that the degree of certainty for compliance with project specifications is much greater with full time observation than it is with intermittent or periodic observation, if so scheduled or provided by AOG. SECTION 18: SAMPLES: AOG will retain all soil and rock samples that are transported to AOG laboratories for 30 days after submission of the report. Further storage or transfer of samples can be made at Client expense upon written request. SECTION 19: SEVERABILITY: If any of the provisions contained in this Agreement are held illegal,invalid,or unenforceable,the enforceability of the remaining provisions will not be impaired. SECTION 20: DISPUTE RESOLUTION: Client shall not be entitled to assert a claim against AOG 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 AOG has violated the standard of care applicable to AOG performance of the services provided. Client shall provide this written opinion to AOG 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. SECTION 21: FIDUCIARY RESPONSIBILITY:Client confirms that neither AOG nor any of AOG's subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary responsibility shall be owed to the Client by AOG or any of AOG's subconsultants or subcontractors as a consequence of AOG's entering into this agreement with the Client. SECTION 22: TERMINATION: This Agreement may be terminated by either party upon seven(7)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 by either party,AOG shall be paid for services performed to the termination notice dale plus reasonable termination expenses.Expenses of termination or suspension shall include all costs of AOG 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 23: ASSIGNS: Neither the Client nor AOG may delegate,assign,subwrite or transfer its duties or interest in this agreement without the written consent of the other party. SECTION 24: 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 AOG's services. 08/16/2016 Page 2 of 2 Client#: 1361 ALPHAOME ACORD.. DATE 01/2021(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/ MIDD/Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Donna McLaughlin Haas &Wilkerson Insurance PHONE 913.676.9250 Fax 913.432.6159 (A/C,No,Eau: (A/C,No): 4300 Shawnee Mission Parkway ADDRESS:A HWCertificates@hwins.com Fairway, KS 66205 INSURER(S)AFFORDING COVERAGE NAIL# 913 432-4400 INSURERA:Transportation Insurance Company 20494 INSURED INSURER B:Continental Insurance Company 35289 Alpha Omega Geotech, Inc. National Fire Ins of Hartford 20478 1701 State Ave INSURER C INSURER D: Kansas City, KS 66102 - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRI POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6079405331 10/01/2021 10/O1/2022 EACH OCCURRENCEECpE�urre $1,000,000 PR CLAIMS-MADE X OCCUR EMnce) $100,000 MED EXP(Any one person) $15,000 PERSONAL 8 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE UABIUTY 6079406328 10/01/2021 10/01/2022(Ea aonden SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X URNS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR 6079405345 10/01/2021 10/01/2022 EACH OCCURRENCE $4,000,000 EXCESS LIAB j CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$10000 $ C WORKERS COMPENSATION 6079405359 10/01/2021 10/01/2022 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION For Informational Purposes SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVET , ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S502670/M502667 BEGGS � DATE(MM/DD/YYYY) ACOR[7 CERTIFICATE OF LIABILITY INSURANCE 06/24/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-866-574-6282 CONTACT NAME: Monica Wilks Holmes Murphy & Associates, LLC PHONE FAX (A/C.No.Eat): 816 857-7820 (A/C,No): E-MAIL mwilks@holmesmurphy.com 1828 Walnut Sreet ADDRESS: P Y•com Suite 700 INSURER(S)AFFORDING COVERAGE NAIL• Kansas City, MO 64108 INSURERA: XL SPECIALTY INS CO 37885 INSURED INSURERS: Alpha-Omega Geotech, Inc. INSURERC: 1701 State Avenue INSURERD: INSURER E: _ Kansas City, KS 66102 INSURERF: COVERAGES CERTIFICATE NUMBER: 62533610 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL�,SUBR: POLICY EFF POLICY EXP LIMITS LTRINSD I WVD POLICY NUMBER ;(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY I I EACH OCCURRENCEI ' DAMAGE RENTED $ CLAIMS-MADE OCCUR PREMISESO(Ea occurrence) $ MED EXP(My one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS i HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ i-- ' EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE ERH •ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ '�.OFFICER/MEMBER EXCLUDED? j(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ I If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability DPR9980026 07/20/21 07/20/22 Each Claim 1,000,000 Annl Aggr 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD lot Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Insureds Copy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD mwilksks 62533610