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Agenda Report - May 6, 2009 E-12AGENDA ITEM JE -00120 Q'OF < �p q<iFOR� CITY OF LODICOUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Authorizing City Managerto Execute Professional Services Agreement with Neil O. Anderson and Associates, of Lodi, for Preliminary Site Assessment for Lodi Avenue Reconstruction Project ($63,340) and Appropriating Funds MEETING DATE: PREPARED BY: May 6, 2009 Public Works Director RECOMMENDED ACTION: Adopt a resolution authorizing the City Managerto execute a professional services agreement with Neil O. Anderson and Associates (NOA), of Lodi, for the Preliminary Site Assessment for the Lodi Avenue Reconstruction Project in the amount of $63,340 and appropriating funds as shown below. BACKGROUND INFORMATION: Engineering staff has been working on the Lodi Avenue Reconstruction project which is expected to be constructed in Summer of 2009. The project is to reconstruct Lodi Avenue from the Union Pacific Railroad (UPRR) to Cherokee Lane. The project is funded by various state, federal and local sources. The source of the federal money ($1,082,394) will be the American Recovery and ReinvestmentAct (ARRA) of 2009. In order for the project to qualify for the federal money, it must be approved by Caltrans. Staff has been working with Caltrans on the project approval over the past few months. Most recently, Caltrans has required a hazardous waste assessment of the existing rail spur be completed prior to their approval of the project. An Initial Site Assessment (ISA) and Preliminary Site Assessment (PSA) will need to be prepared by a qualified consultant. The ISA is basically a document research effort and written report. NOA has been issued a purchase order ($4,250) to expedite the completion of the ISA. The PSA involves field coring along the spur line and laboratory testing of the recovered material. The ARRA funds have a relatively short project commitmenttimeiine that requires expediting the consultant selection process. In order to accelerate the work, staff selected NOA based upon their knowledge of the project, local presence, and ability to quickly respond to the City's needs. Staff has consulted with NOA to develop the agreement attached as Exhibit A. NOA is experienced in the preparation of ISA's and PSA's and is ready to expedite the completion of the work. Staff recommends retaining NOA to prepare the PSA for the project at a cost of $63,340. The cost of the PSA is based on an accelerated schedule requested by City staff. Staff recommendsthe Council authorizethe City Managerto execute a professional services agreement with Neil O. Anderson and Associates for the preparation of the Preliminary Site Assessment. APPROVED: Blair King, City er K:\W P\PROJECTS\STREETS\Lod!Avel mprovements\CC_Anderson.doc 5/1/2009 Adopt Resolution Authorizing City Managerto Execute Professional Services Agreement with Neil O. Anderson and Associates, of Lodi, for Preliminary Site Assessment for Lodi Avenue Reconstruction Project ($63,340) and Appropriating Funds May 6,2009 Page 2 FISCAL IMPACT: The cost of obtaining professional services for the Preliminary Site Assessment required by Caltrans for the Lodi Avenue Reconstruction Project:b $63,340. Failure to obtain Caltrans approval will result in the loss of federal ARRA funds in the amount of $1,082,394. FUNDING AVAILABLE: Requested Appropriation: $63,340 Measure K (325034) as" Jor an yers Deputy City Manager/Internal rvices Director Ala F. Wally Sofidelin PublicWorks Director Prepared by Lyman Chang, Senior Civil Engineer FWS/LC/pmf Attachment cc: City Attorney Purchasing Officer Neil O. Anderson and Associates Senior Civil Engineer Chang Exhibit A AGREEMENT FOR CONSULTING SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NEIL O. ANDERSON AND ASSOCIATES (hereinafter "CONSULTANT"). Section 1.2 Purpose CITY selected the CONSULANT to provide the professional consulting services necessary to prepare a Phase I Environmental Site Assessment/initial Site Assessment in accordancewith attached scope of services, ExhibitA. CITY wishes to enter into an agreement with CONSULTANT for ENVIRONMENTAL SITE INVESTIGATION/INITIAL SITE ASSESSMENT SOIL SURVEY FOR ABANDONED RAILWAY (CHURCH STREET TO CHEROKEE LANE) LODI AVENUE AND UNION PACIFIC RAILROAD CROSSING project (hereinafter "Project") as set forth in the Scope of Services attached here as ExhibitA. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONSULTANT, for the benefit and at the direction of CITY, shall perform the Phase 2 of the Environmental Site Assessment service as set forth in ExhibitA, attached and incorporated by this reference. Section 2.2 Time For Commencement and Completion of Work CONSULTANT shall commence work within five (5) days of executing this Agreement, and complete work under this Agreement based on a mutually agreed upon timeline. CONSULTANT shall not be responsible for delays caused by the failure of CITY staff or agents to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONSULTANT's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONSULTANT shall remain in contact with reviewing agencies and make all efforts to review and return all comments. K:IWPIPROJECTSISTREETSILod!AvefmprovementstiAGREEMENT FOR PROFESSIONAL SERVICES NeMnderson.doo 1 Section 2.3 Meetinas CONSULTANT shall attend meetings as required by the service. Section 2.4 Staffing CONSULTANT acknowledges that CITY has relied on CONSULTANT's capabilities and on the qualifications of CONSULTANT's principals and staff as identified in its proposal to CITY. The scope of services shall be performed by CONSULTANT, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel in CITY's sole discretion and shall be notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any change. CONSULTANT represents that it is prepared to and can perform all services within the scope of services specified in ExhibitA. CONSULTANT represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONSULTANT to practice its profession, and that CONSULTANT shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals. Section 2.5 Subcontracts CITY acknowledges that CONSULTANT may subcontract certain portions of the scope of services to subconsultants as specified and identified in ExhibitA. Should any subconsultants be replaced or added after CITY's approval, CITY shall be notified within ten (10) days and said subconsultants shall be subject to CITY's approval prior to initiating any work on the Project. CONSULTANT shall remain fully responsiblefor the complete and full performance of said services and shall pay all such subconsultants ARTICLE 3 COMPENSATION Section 3.1 Compensation CONSULTANT's compensation for all work under this Agreement shall not exceed the amount of Fee Proposal, attached as a portion of ExhibitA. CONSULTANT shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. K:1wP\PROJECTSISTREETS\LodiAvelmprovements\AGREEMENT FOR PROFESSIONAL SERVICES NeilAnderson.doc 2 Section 3.2 Method of Payment CONSULTANT shall submit invoices for completed work on a monthly basis, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the scope of services said work is attributable. Section 3.3 Costs The fees shown on Exhibit A include all reimbursable costs required for the performance of the individual work tasks by CONSULTANT and/or subconsultant and references to reimbursable costs located on any fee schedules shall not apply. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved by CITY. CONSULTANT charge rates are attached and incorporated with Exhibit A. The charge rates for CONSULTANT shall remain in effect and unchanged for the duration of the Project unless approved by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONSULTANT further agrees to maintain such records for a period of three (3) years afterfinal payment underthis Agreement. ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONSULTANT shall not discriminate in the employment of its employees or in the engagement of any K:IWPIPROJECTSISTREETSNLod!AvelmprovementslAGREEMENT FOR PROFESSIONAL SERVICES_NeilAndemon.doc 3 subconsultants on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 Responsibility for Damage CONSULTANT shall indemnify and save harmless the City of Lodi, the City Council, elected and appointed Boards, Commissions, all officers and employees or agent from any suits, claims or actions brought by any person or persons for or on account of any injuries or damages sustained or arising from the services performed in this Agreement but only to the extent caused by the negligent ads, errors or omissions of the consultant and except those injuries or damages arising out of the active negligence of the City of Lodi or its agents, officers or agents. Section 4.3 No Personal Liability Neither the City Council, the City Engineer, nor any other officer or authorized assistant or agent or employee shall be personally responsible for any liability arising underthis Agreement. Section 4.4 Resoonsibilitvof CITY CITY shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided herein. Section 4.5 Insurance Requirements for CONSULTANT CONSULTANT shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect CONSULTANT and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from CONSULTANT'S operations under this Agreement, whether such operations be by CONSULTANT or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $2,000,000 Bodily Injury - Ea. Occurrence/Aggregate $2,000,000 Property Damage - Ea. Occurrence/Aggregate or K:1wPXPROJECTSISTREETS\LodiAvelmprovementsVAGREEMENT FOR PROFESSIONAL SERVICES NeilAnderson.doc 4 $2,000,000 Combined Single Limits 2. COMPREHENSIVEAUTOMOBILE LIABILITY $2,000,000 Bodily Injury - Ea. Person $2,000,000 Bodily Injury - Ea. Occurrence $2,000,000 Property Damage - Ea. Occurrence or $2,000,000 Combined Single Limits NOTE: CONSULTANT agrees and stipulates that any insurance coverage provided to CITY shall provide for a claims period following termination of coverage. A copy of the certificate of insurance with the following endorsements shall be furnished to CITY: (a) Additional Named Insured Endorsement Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed Boards, Commissions, Officers, Agents, Employees and Volunteers as additional named insureds insofar as work performed by the insured under written Agreement with CITY. (This endorsement shall be on a form furnished to CITY and shall be includedwith CONSULTANT'S policies.) (b) Primary Insurance Endorsement Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other insurance maintained by the City of Lodi or its officers and employees shall be excess only and not contributing with the insurance afforded by this endorsement. (c) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. (d) Nntic�P of C;anr.Pllatinn nr C;hannP in C:nvPranP EndnrsPmPnt This policy may not be canceled by the company without 30 days' prior written notice of such cancellation to the City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA, 95241. (e) CONSULTANT agrees and stipulates that any insurance coverage provided to CITY shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the K:1wP1PROJECTSISTREETSILodiAvelmprovements\AGREEMENT FOR PROFESSIONAL SERVICES NeilAnderson.doc 5 California Tort Claims Act (California Government Code Secfion 810 et seq.). "Claims made" coverage requiring the insureds to give notice of any potential liability during a time period shorter than that found in the Tort Claims Act shall be unacceptable. Section 4.6 Worker's Compensation Insurance CONSULTANT shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of CONSULTANT'S employees employed at the site of the project and, if any work is sublet, CONSULTANT shall require the subcontractor similarly to provide Worker's Compensation Insurancefor all of the latter's employees unless such employees are covered by the protection afforded by the CONSULTANT. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, CONSULTANT shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA 95241. Section 4.7 Attorney's Fees In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the court. Section 4.8 Successors and Assigns CITY and CONSULTANT each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONSULTANT shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. K:IWPIPROJECTSISTREETSILodiAveimprovementslAGREEMENT FOR PROFESSIONAL SERVICES NeilAndemon.doc 6 Section 4.9 Notices Any notice required to be given by the terms of this Agreement shall be deemed to have been given when the same is personally served or sent by certified mail or express or overnight delivery, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi F. Wally Sandelin, Public Works Director 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 To CONSULTANT: Neil O. Anderson and Associates Neil O.Anderson, President 902 Industrial Way Lodi, CA 95240 Section 4.10 Cooperation of CITY CITY shall cooperate fully in a timely manner in providing relevant information that it has at its disposal. Section 4.11 CONSULTANT is Not an Employee of CITY It is understood that CONSULTANT is not acting hereunder in any manner as an employee of CITY, but solely under this Agreement as an independent contractor. Section 4.12 Termination CITY may terminate this Agreement by giving CONSULTANT at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONSULTANT shall be entitled to payment as set forth in the attached Exhibit to the extent that the work has been performed. Upon termination, CONSULTANT shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONSULTANT with third parties in reliance upon this Agreement. Section 4.13 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement K:IWPIPROJECTS%STREETSXLodiAvelmprovements\AGREEMENT FOR PROFESSIONAL SERVICES NeilAnderson.doc 7 Section 4.14 Cal2tion The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent. Section 4.15 Integration and Modification This Agreement represents the entire integrated Agreement between CONSULTANT and CITY; supersedes all prior negotiations, representations, or Agreements, whether written or oral, between the parties; and may be amended only be written instrument signed by CONSULTANT and CITY Section 4.16 Applicable Law and Venue This Agreement shall be governed by the laws of the State of California. Venue for any court proceeding brought under this Agreement will be with the San Joaquin County Superior Court. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer tapes or cards, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared for this project, shall be deemed the property of CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such documents during regular business hours. Upon termination or completion, all information collected, work product and documents shall be delivered by CONSULTANT to CITYwithin ten (10) days. CITY agrees to indemnify, defend and hold CONSULTANT harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were prepared. K:IWPIPROJECTSISTREETSILodiAvelmprovementsWGREEMENT FOR PROFESSIONAL SERVICES NeMnderson.doc 8 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of the date first above written. ATTEST: By RANDIJOHL CITY CLERK APPROVEDAS TO FORM: Dated: By CITY OF LODI. a municipal corporation By BLAIR KING CITY MANAGER NEIL O.ANDERSON AND ASSOCIATES D. STEPHEN SCHWABAUER CITY ATTORNEY Its: K:IWMPROJECTSISTREETS1f_odiRveimprovements%AGREEMENT FOR PROFESSIONAL SERVICES_NeilAnderson.doc 9 April 23, 2009 Sent Via Email: LMC@lodi.g v Proposal Number: 1918 NEIL O. ANDERSON AND ASSOCIA7ES Mr. Lyman Chang Senior Civil Engineer City of Lodi — Public Works Department (209) 333-6800 ext. 2665 GEOTECHNICAL ENVIRONMENTAL INSPECTIONS & TESTING LABORATORY SERVICES POOL ENGINEERING POST TENSION DESIGN Subject: Limited Scope Phase II Environmental Site Investigation (ESA) Soil Survey for Abandonded Railway (Church Street to Cherokee Lane) Lodi Avenue and Union Pacific Railroad Crossing Lodi, California Dear Mr. Chang Per your request, Neil 0. Anderson and Associates (NOA) is pleased to furnish you with our proposal for providing professional consulting services necessary to prepare a Limited Scope Phase II Environmental Site Assessment (ESA) for the above -referenced property. Our firm is currently performing a Phase 1 Initial Site Assessment (ISA) for the subject site in order to better understand the potential for existing contamination due to the site's former use as a railroad right-of-way. We understand that old Union Pacific Railroad tracks exist beneath the road surface of Lodi Ave., from Main Street to Cherokee Lane. The soil along these tracks may contain various unknown contaminates due to past use. Based on discussions with personal from the City of Lodi and the California Department of Transportation (CalTrans), we understand that conclusions of the Phase 11 SA will likely result in a recommendation to perform a Limited Scope Phase II ESA. This would include random periodic soil sampling and testing along the length of the subject alignment. The purpose of the sampling and testing is to determine if any contaminants exists in the soil and what type they may be. I f no contaminants are detected and no visually suspicious areas are uncovered during reconstruction of the roadway, then no further action will be warranted. However, it contamination is found in either case, then additional sampling and testing will be required to determine its lateral extent and its potential to migrate and impact ground water. If contamination is found but it is not mobile, then based on conversations with the Hazardous Waste Management team for Cal -Trans, the end result may be to simply leave it in place, covered by the reconstructed Lodi Avenue. Scope of Phase II Environmental Site Assessment To evaluate the unknown soil conditions at the subject site it is proposed the Phase II ESA consists of periodic random sampling and testing along the former track alignment. Based on our experience with similar projects we recommend soil sampling every 250 feet. At each ANGELS CAMP LODI - MODESTO RENO SACRAMENTO WALNUT CREEK L 0 D 1 902 Industrial Way • Lodi, CA 95240 • 209.367.3701 = FAX 209-369-4228 • www.noanderson.com Lodi Phase II ESA Proposal Number: 1918 April 23, 2009 Page 2 location a composite soil sample will be obtained from the 0 to 12 inch depth below the track ballast material. The exact sample locations may be modified based on the findings from our Phase I Initial Site Assessment. Since the full scope of sampling for the Phase II ESA cannot be determined prior to the completion of the Phase I ISA, a complete estimated scope of work for the Phase II is not possible at this time. However, illustrated below is an estimated cost for the frequency and type of sampling discussed above. Each sample collected and analyzed in accordance with the California EPA Department of Toxic Substances Control (DTSC) InformationAdvisory, Clean Imported Fill Material, as well as any further Cal -Trans Standards above and beyond DTSC. Assuming samples have unknown contamination (i.e. Railway with numerous chemicals and possibly pesticides hauled over its life use) the following analysis would be required: « Volatile organic compounds (VOCs) by EPA Method 82608, $120/sample Semi VOCs by EPA Method 8270C, $240/sample « Total petroleum hydrocarbons (TPH) by EPA Method 8015M, $150/sample 01 Polychlorinated biphenyls (PCBs) by EPA Method 8080A, $90/sample « CAM 17 Metals by EPA 6000/7000 Series, $180/sample «, Asbestos by Polarized Light Microscopy (PLM), $30/sample • Polynuclear aromatic hydrocarbons (PAHs) by EPA Method 8310, $210/sample « pH, $24/sample « Organochlorine pesticides (OCPs) by EPA Method 8080A, $108/sample « Organophosphorous pesticides (OPPs) by EPA Method 8141A, $210/sample « Chlorinated Herbicides by EPA Method 8151A, $210/sample Sample Cost Estimate: Cost per Sample is $1,570, a total of 20 samples $31,400 Sampling Crew with Core Rig $8,500" Traffic Control $7,500" Soil Tubes, 40 at $10 per tube 400 SUBTOTAL $47,800 *these costs could be reduced with contribution from city personal Project Management and Report Preparation The Phase II ESA would be performed under the supervision of a California Registered Geologist and a California Professional Engineer, as required by law. I n the event that a sampling workplan was required by Cal -Trans (which is likely) then this could be provided as well. Results of the investigation would be provided in a detailed report which would document sample collection locations and methods and compare analytical findings to regulatory cleanup Lodi Phase II ESA Proposal Number: 1918 April 23, 2009 Page 3 levels and background levels. The following estimated costs would be associated with the report preparation: Project Management Cost Estimate: Sampling Workplan and drafting $7,000 Final Report preparation and drafting $8,500 SUBTOTAL $15,500 PHASE II ESA TOTAL $63,300 Of this estimate, analytical costs would account for $31,440. Costs for laboratory analysis are based on a standard 5 -day turn around time. Our base fee includes the production of three copies of the final report. Our work would be performed on a time -and -materials basis for the rates listed above. No costs in excess of the estimate will be incurred without your prior authorization. This cost does not include any unforeseen site and/or access conditions. If access is difficult, our office can mobilize one of our drill rigs which is track mounted. If any conditions are encountered that may affect the cost of these services you will be notified prior to proceeding. Our normal turn around time is for this type of Limited Scope Phase II ESA is about 3 to 4 weeks. Our firm could expedite this for an additional fee, if needed. Neil 0. Anderson and Associates appreciates this opportunity to discuss your project and looks forward to being of service in its completion. Please do not hesitate to contact our office should you have any questions or concerns. Sincerely, NEIL0,-ANDERSON & ASSOCIATES, INC, Nejt°O. Andean, President Gotec'hnical Engineer 22245 '-44NEIL O. ANDERSON A N u A s 5 0 c_ I A I' 1- s 2009 SCHEDULE OF FEES TERMS OF PAYMENT AND CHARGES TERMS OF PAYMENT GEOTECHNICAL ENVIRON MENTAL INSPECTIONS a TESTING LABORATORY SERVICES POOL ENGINEERING POST TENSION DESIGN Payment of invoices is due upon receipt. Invoices will be subject to a late payment charge of 1.5% per month after 30 days. After 60 days, past -due accounts may be submitted to a collection agency with incurred fees assessed to your account. MISCELLANEOUS CHARGES • All testing is to be scheduled a minimum of 24 hours in advance and cancellation is to be by 4:00 pm the day prior to the scheduled testing or a trip fee will be charged (minimum 2 hours). These minimums are customary for our industry. Any inspection which is requested to be performed on the same day will be charged an additional $10.00 per hour to expedite. HOURLY CHARGES • Time shall be charged in 2, 4 and 8 -hour increments with a 2 hour minimum for field inspections and observation and shall be billed from portal to portal. Structural steel and welding inspections shall be charged in 4 and 8 -hour increments with a 4 hour minimum. Weekends and holidays will be charged in 4 and 8 hour increments. OVERTIME • Time worked in excess of 8 hours per day and weekends will be charged at 1.5 times the hourly rate. Two times (Double Time) the hourly rate will be charged for Holidays and for Saturdays and Sundays after 8 hours. PREMIUM TIME • An additional rate of $10.00 per hour will be charged for work performed before 6am or after 5pm. PREVAILING WAGE I n accordance with California Prevailing Wage Law, a surcharge of $20.00 will be applied per hour for publicly funded projects. A wage differential of $30.00 per hour will be charged for hours worked before 4 am and after 2 pm. INSURANCE • Neil 0. Anderson & Associates, Inc. carries coverage in excess of all insurance required by law. Additional costs for extra insurance certificates, co-insurance endorsements, or additional insurance or bonds will be charged to the client at cost plus 20%. New clients may be subject to payment prior to receipt of report. There is a $100.00 fee charged for all returned checks. This fee schedule may be changed without notice. ANGELS CAMP • LODI • MODESTO • RENO • SACRAMENTO . WALNUT CREEK C O R P O R AT E O F F I C E 902 Industrial Way • Lodi, CA 95240 • 209.367.3701 • FAX 209.369.4228 . www.noanderson.com 2009 Fee Schedule January 1, 2009, rev 2/18/09 Page 2 ENGINEERING SERVICESFOR CUSTOMER REF ONLY 225 (1 Principal Engineer/Geologist 165.00/hr Senior Engineer / Geologist / Scientist 150.00/hr Project Engineer / Geologist/ Scientist 135.00/hr Staff Engineer / Geologist / Scientist 120.00/hr Expert Consulting 198.00/hr Expert Testimony 396.00/hr ICC Inspector (A/C Soils Inspector, Reinforcing Steel, Masonry, Concrete, Structural Steel, Post Tension Fireproofing) 76.00/hr AC/Soil Inspector with Nuclear Gauge 80.00/hr Certified Welding Inspector AWS/CWI 95.00/hr DSA Masonry Inspector 95.00/hr CAD Designer 95.00/hr CAD Drafter 80.00/hr Accountant 85.00/hr Administrative Assistant 60.00/ hr Drilling and Sampling ; r ig, -person 225 (1 _ '1111 and Sampling r9obile E15:3 drill ri , 2 eisuii r-iewj 225.00/hr U rilling and Sam lin Simcu 2400, Mobile B24 drill rig,Minute Man, 2 persan clew 185.00/hr II 1 Sampling 10 00/hr Drilling and Sampling 'Cr r Rotary _ --- Drilling and amp ;Cr Rock I_L 275.UU/ t Mud Rotai y and/oi I r 1 y hag 22a.UU/ hr Hand -Auger Soil Sample 1 person Dew 120.00/hr —iiny E ui i int plus tc _ 30 Bit Charges per 6" length 'per core Support Truck 500 galloi i grater tank 250.00, Jay 2"x6' Stainless -Steel Tubes and Caps, recycled 10 ' 1 Permitting Fees cost + 20% Bailers (disposable) 10.00/ea Sampling Supplies loves, water, rope, etc. 25.00/day Photo -ionization Detector PID 125.00/day Water Level Indicator 30.00/day ph/Conductivity/Temp Meter 50.00/day Dissolved Oxygen Meter 50.00/day Steam Cleaner 100.00/da Cement Pump and Mixer 100.00/day Visqueen 75.00/roll Drums 65.00/ea Well Supplies Cost + 20% Laboratory Analysis Cost + 20% GEOTECHNICAL SOILS AND AGGREGATES LABORA TOR Y AGGREGATES Sodium or Magnesium Sulphate Soundness ASTM C88 350.00/ea Fine or Coarse 5 cycles), per sieve size 902 Industrial Way a Lodi, CA 95240. 209.367.3701 • Fax 209.333.8303 "'04 02009 Neil O. Anderson & Associates, hu• 2009 Fee Schedule 3anuary 1, 2009, rev 2/18/09 Page 3 Injurious Organic Matter fine aggregate) ASTM C40 75.00/ea Unit Weight (aggregate) ASTM C29 80.00/ea Sand Equivalent Test CTM 217 155.00/ea Specific Gravity. Fine ASTM C128 and Coarse ASTM C127 80.00/ea Absorption Test Fine or Coarse Aggregates 70.00/ea Specific Gravity,Fine C128 140.00 ea Specific Gravity,Coarse C127 140.00/ea Los Angeles Rattler Test 500 revolutions ASTM C131 550.00/ea Cleanness Value, Coarse Aggregate CTM 227 200.00/ea Durability Index: Fine Aggregate CTM 229 and Coarse Aggregate CTM 229 165.00 ea Percent Crushed Particles C142 165.00/ea Cal Trans C' -- - Conformance Test (R -Value, Gradation, SE, Durability) 695.00/ea SOILS Afterberg Limit ASTM D-4318 120.00 ea Permeability (Failing Head 280.00/ea Specific Gravity Determination ASTM D854 80.00/ea Combined Gradin coarse &fine ASTM C136/CTM 202 140.00/ea Grading Analysis, fine with wash ASTM C136 115.00/ea Grading Analysis, % minus #200 ASTM C112 80.00 ea Hydrometer Analsis ASTM D422 230.00/ea Laboratory Maximum Dry DensitylOptimum Moisture Content Determination 4" mold AASHTO T99, ASTM D698 205.00/ea 6" mold AASHTO T99, ASTM D698 215.00/ea 4" mold AASHTO T180 ASTM D1557 205.00/ea 6" mold AASHTO T180 ASTM D1557 215.00 ea California Wetto Wet CTM 216 215.00/ea Stabilometer Test R -Value & Expansion, Untreated Samples CTM 301 280.00/ea Cement- Stabilized Samples CTM 301 280.00/ea Lime -Stabilized Samples CTM 301 280.00 ea H Test 75.00/ea pH -Lime Determination Test 160.00/ea Resistivity and pH Test CTM 643 185.00/ea Swell Test (Expansion Index UBC 18-2 230.00/ea Compressive Strength of Lime -Treated Specimens CTM 373 300.00/ea Percent Lime Design, based on compressive strength (includes R -value and unconfined compressive strength) 1200.00/ea Unconfined Compression Test 120.00/ea Direct Shear Test. Unconsolidated - Undrained 135.00/point Consolidated - Undrained 145.00/point Consolidated - Drained 175.00point Triaxial Compression Test Unconsolidated - Undrained 175.00/point Consolidated - Undrained Request Quote Consolidated - Drained Request Quote Consolidated - Undrained with Pore Pressure Measurements Request Quote Consolidation Test. Swell Only 200.00/ea Consolidation without Time Rate 340.00/ea Consolidation with Time Rateper load increment additional charge) 120.00 ea 902 Industrial Way • Lodi, CA 95240. 209.367.3701 • Fax 209.333.8303 02009 Neil 0. Anderson &Associates, bye 2009 Fee Schedule January 1, 2009, rev 2/18/09 Page 4 ASPHALT CONCRETE State of California Asphalt Concrete Mix Design: CTM 202 Sieve Fine Course Agg 140.00/ea CTM 204 Plasticity Index 120.00/ea CTM 205 Crushed Particles 80.00/ea CTM 206 Bulk S G & Absor Coarse Agg 50.00/ea CTM 207 Sulk S G (SDD) Fine Agg 80.00/ea CTM 208 Apparent S G Fine Agg & BHD 80.00/ea CTM 211 LA Rattler 250.00/ea CTM 214 Sodium Sulfate Soundness 180.00/ea CTM 217 Sand Equivalent 75.00/ea CTM 227 Cleanness Coarse Agg 150.00/ea CTM 229 Durability Index 150.00/ea CTM 303 Kc & Kf 150.00/ea CTM 304 AC Sample Preparation 80.00/ea CTM 308 Bulk Spec Grav Bit Mix 50.00/ea CTM 309 Theo Spec Grav Bit Mix 150.00/ea CTM 366 Stabilometer Value Set of 3 300.00/ea CTM 367 Asphalt Binder Content 100.00 ea CTM 371 Tensile Strength Ratio 1,200.00/ea CTM 382 Ignition Oven Asphalt Content 175.00/ea LP -1 Theo Max S G Mix with Dif AC Cont 150.00/ea LP -2 Bulk S G Agg Blend 100.00 ea LP -3 Voids Filled with Asphalt 50.00/ea LP -4 Dust Proportion 50.00/ea LP -10 Sampling and Testing CRM 175.00/ea AASHTO T304 Fine Angularity 200.00/ea ASTM D4791 Flat and Elongated Particles 200.00/ea Marshall Mix. Mix Design Request Quote ASTM D1559 Stability & Flow 110.00/ea ASTM D1075 Immersion & Compression Retained Strength 110.00/ea ASTM D2726 Unit Weight 60.00/ea ASTM D2172 Extraction 200.00/ea ASTM D2172 Extraction with Gradation 275.00/ea ASTM D2041 D2172 Maximum Rice Specific GravitV of Bituminous Mixtures 150.00/ea CONCRETE TECHNICAL Concrete Mix Design Review 200.00/ea Additional Concrete Mix Design(using same materials 150.00/ea Concrete Mix Design with Trial Batch & Concrete Cylinder Compression Tests 1500.00/ea Floor Flatness Testing 130.00/hr Unit Weight Fireproofing 50.00/ea Schmidt Hammer Testing 90.00/hr LABORATORY Compression Tests Field cast concrete cylinders, 6"x12" : 26.00/ea Flexural Strength, Concrete Beams 6"x6"x24 ASTM C78 125.00/ea Cylinder Molds 6"x12" 7.00/ea Cement Content of Hardened Portland Cement Concrete ASTM C85 Request Quote In 902 Industrial Way • Lodi, CA 95240. 209.367.3701 Fax 209.333.8303 ©2009 Neit O. Anderson & Associates, Inc. 2009 Fee Schedule 3anuary 1, 2009, rev 2/18/09 Page 5 Shrink Bar Testing 3 bars per set ASTM C157 420.00/set Compression Tests on Core Specimens includes re ASTM C42 80.00/ea Calcium Chloride Moisture Test Kit includes calculations 60.00/ea Compression Tests on Core Specimens (includes prep) ASTM C42 I 80.00/ea I I Shear Tests on Core (masonrv) I 145.00/ea I 4"x8" Grout Mold Block 26.00/ea Mortar Cylinder 26.00/ea 2"x4" Cylinder Molds 7.00/ea Masonry Prism 2 -block mortared & routed 175.00/ea Shotcrete 30.00/ea Concrete Masonry Unit, 8"W'x16": 95.00/hr Com ression Test ASTM C140 175.00/ea Absorption Tests ASTM C140 105.00/ea Lineal Shrinkage Volume Chane ASTM C426 175.00/ea Lineal Shrinkage with Absorption 260.00/ea Lineal Shrinkage with Absorption and Compression 375.00/ea STEEL A1NS ASTM' ASME' .ANSI API NON-DESTRUCTIVE TESTING Ultrasonic 95.00/hr Magnetic Particle 95.00/hr Liquid Penetrant 95.00/hr Brinell Hardness Testing 95.00/hr High Strength Bolt Testing 110.00/hr Bolt Pull/Load Testing 110.00/hr GPR 160.00/hr Pachometer 110.00/hr Shrink Bar Testing LABORATORY Structural Steel Bend Test 60.00/ea Tensile Tests: #5 or smaller 125.00/ea #6 and larger 160.00/ea Reinforcing Steel ASTM A615 Tensile & Cold Bend Tests. Sizes up to and including No. 6 125.00/ea No. 7 through No. 11 160.00/ea, plus machiningcost +20% High-strength Bolt, Nut & Washer Testing 260.00/set Rockwell Hardness Test 70.00/ea Torque Wrench Calibration 320.00/ea Welder Quallfication and Weld Procedure ualifications: Weld Procedure Qualifications 725.00/ea Plate Groove Weld- 1G 2G, 3G, 4G 125.00/ea Pipe Groove Weld -1G 2G 5G 6G 6GR 220.00/ea Plate Fillet Weld -1F, 2F, 3F, 4F 70.00/ea Pipe Fillet Weld - 1F 2F, 4F, 5F 90.00/ea Weld Test Plate set 60.00/ea 902 Industrial Way. Lodi, CA 95240 - 209.367.3701 • Fax 209.333.8303 "'04 02009 Neil O. Anderson & Associates. Inc. 2009 Fee Schedule 3anuary 1, 2009, rev 2/18/09 Page 6 Weld Test Pie set 80.00/ea STANDARD POOL ENGINEERING SERVICES On -Site Steel and/or Excavation Observation 350.00/min Standard Retaining Wall Design 150.00/ea Custom Retaining Wall Design 1 height) 500.00/min Additional Heights 150.00/ea Standard Swimming Pool Detail 150.00/min Custom Swimming Pool Detail 500.00/min Consulting Letter 165.00/min Owner/Builder Standard Shotcrete & Reinforcement Detail Plan 300.00/ea Treelake Schedule 150.00/set Structural Design Computations 20.00/ea Cover Pages 10.00/ea Plan Authorization Letter 30.00/ea Plan Review and Signature "Plan Review" 80.00/min Pool Vendor Set -Up Fee "Set Up Fee" 250.00/ea Pool Vendor Standard Shotcrete & Reinforcement Detail Plan (minimum order 20 sheets) "Standard Pool Plan" 30.00/ea Pool Vendor Remodel Plan minimum order 10 sheets 50.00/ea Pool Vendor Commercial Plan (per set, includes calculations) 300.00/min Trellis Open Roof 800.00/min 2.50/sq. ft. Finished Floor, Pitched Roof (800.00/min) 3.00/sq. ft. Epoxy Injection 1 500/first 10', 60.00/ft. after r.o 902 Industrial Way • Lodi, CA 95240 a 209.367.3701 . Fax 209.333.8303 02009 Neil O. Anderson & Associates, bic A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH NEIL O. ANDERSON AND ASSOCIATES FOR PRELIMINARY SITE ASSESSMENT FOR LODI AVENUE RECONSTRUCTION PROJECTAND FURTHER APPROPRIATING FUNDS TTTT: ��: T: �� :�'::� �: ��: �. � � � � �� � � � � �--•T�-��rfwl�l117TTTTTTTTTr��� WHEREAS, the Lodi Avenue Reconstruction project is expected to be constructed in Summer of 2009 and will reconstruct Lodi Avenue from the Union Pacific Railroad to Cherokee Lane, utilizing various state, federal, and local funding sources; and WHEREAS, federal funds ($1,082,394) will be from American Recovery and Reinvestment Act (ARRA) of 2009. In order qualify for federal funds, the project must be approved by Caltrans, which requires an initial site assessment (ISA) and preliminary site assessment (PSA) to be prepared by a qualified consultant; and WHEREAS, the ARRA funds have a relatively short project commitment timeline which requires expediting the consultant selection process; and WHEREAS, Neil O. Anderson and Associates, of Lodi, California, is experienced in the preparation of ISA's and PSA's and is ready to expedite the completion of the work; and WHEREAS, staff recommends retaining Neil O. Anderson and Associates to prepare the PSA for the project at a cost of $63,340. The cost of the PSA is based on an accelerated schedule requested by City staff. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a professional services agreement for preliminary site assessment for the Lodi Avenue Reconstruction project with Neil O. Anderson and Associates, of Lodi, California, in the amount of $63,340; and BE IT FURTHER RESOLVED that funds in the amount of $63,340 be appropriated from Measure K Funds for this project. Dated: May 6, 2009 I hereby certify that Resolution No. 2009-51 was passed and adopted by the City Council of the City.of Lodi in a regular meeting held May 6, 2009, by the following vote: AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian, Mounce, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None D rHL City Clerk 2009-51 CITY COUNCIL LARRY D. HANSEN, Mayor PHIL KATZAKIAN, Mayor Pro Tempore SUSAN HITCHCOCK BOBJOHNSON JOANNE L. MOUNCE CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www .lodi .gov May 1,2009 Neil O. Anderson and Associates Neil O. Anderson, President 902 Industrial Way Lodi, CA 95240 BLAIR KING City Manager RANDIJOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director SUBJECT: Adopt ResolutionAuthorizing City Manager to Execute Professional Services Agreement with Neil O. Anderson and Associates, of Lodi, for Preliminary Site Assessment for Lodi Avenue Reconstruction Project ($63,340) and Appropriating Funds Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, May 6, 2009. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Randi Johl, City Clerk, at 333-6702. If you have any questions about the item itself, please call Lyman Chang, Senior Civil Engineer, at 333-6800, extension 2665. T• OX44io F. Wally Sandelin �r Public Works Director FWS/pmf Enclosure cc: City Clerk NCC_ANDERSON.DOC