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HomeMy WebLinkAboutAgenda Report - June 7, 2017 C-09CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM c -q TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Terracon Consultants, Inc. of Lodi, for Construction Materials Testing and Inspection Services ($150,000) MEETING DATE: June 7, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute professional services agreement with Terracon Consultants, Inc. of Lodi, for construction materials testing and inspection services, in the amount of $150,000. BACKGROUND INFORMATION: The Public Works Engineering Division requires the services of materials testing and inspection firms to provide analytical support during the design of projects, as well as miscellaneous required testing and inspection services during construction of minor improvement projects. On June 19, 2013, Council approved a Professional Services Agreement with Terracon Consultants, Inc., formerly known as Neil O. Anderson and Associates, Inc., to provide these services with three optional one-year extensions. On July 6, 2016, City Council authorized the City Manager to execute the final extension to provide these services through June 30, 2017. This Professional Services Agreement provides on-call support for construction materials testing and inspection services for City projects programmed for Fiscal Year 2017/18. These projects include the DeBenedetti Park Trails and Parking Lot Improvement Project, 2017 Alley Improvements Project, 2017 Bus Stop and Shelter Improvements, 2017 Pavement Surface Treatment Project, Wastewater Main Rehabilitation Project 7, Lockeford Street Improvements, and various other projects. This highly competent local firm has provided construction materials testing and inspection services on numerous City projects for many years. The agreement is based on a time -and -materials basis not -to - exceed $150,000 through June 30, 2018. Staff recommends authorizing City Manager to execute Professional Services Agreement with Terracon Consultants, Inc. of Lodi, for construction testing and inspection services, in the amount of $150,000. FISCAL IMPACT: Construction materials testing and inspection services are necessary to assure City projects are being constructed properly and perform as expected throughout their useful life. APPROVED: K:\WP\COUNCIL\2017\CC Award NOA PSA 2017.doc , City Manager 5/31/17 Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Terracon Consultants, Inc of Lodi, for Construction Materials Testing and Inspection Services ($150,000) June 7, 2017 Page 2 FUNDING AVAILABLE: Funding for these services will be utilized from various funding sources appropriated on a project specific basis. The estimated cost to the General Fund is $50,000. These funds are included in the proposed Fiscal Year 2017/18 Budget. ._04dikur Andrew Keys Deputy City Manager/Internal Services Director Charles E. Swimley, Jr. Public Works Director Prepared by Lyman Chang, Deputy Public Works Director/City Engineer CES/LC/tb Attachment K:\WP\COUNCIL\2017\CC Award NOA PSA 2017.doc 5/31/17 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2017, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and TERRACON CONSULTANTS, INC., a Delaware Corporation (hereinafter "CONTRACTOR"). Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for various City projects (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff 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 CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR 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 CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on July 1, 2017 and terminates upon the completion of the Scope of Services or on June 30, 2018, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, 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. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR 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. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR 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 ADA Compliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONTRACTOR 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. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Lyman Chang To CONTRACTOR: Terracon Consultants, Inc. 902 Industrial Way Lodi, CA 95240 Attn: Troy M. Schiess, P.E. Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONTRACTOR is Not an Employee of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of 5 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR 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, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR 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 CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law. Jurisdiction. Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. 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 San Joaquin County Superior Court. 6 Section 4.14 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.15 Captions 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 hereunder. Section 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. 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 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. Section 4.19 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Federal Transit Funding Conditions ❑ If the box at left is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST. JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: TERRACON CONSULTANTS, INC., a Delaware JANICE D. MAGDICH, City Attorney Corporation By: By: Name: Title: Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: 10050500.72450 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's\2017\Terracon Various City Projects PSA.doc CA:Rev.01.2015 8 Exhibit A/B lrerracon 8 May 2017 Proposal No. PNA171085 City of Lodi - Public Works Department Attn: Mr. Lyman Chang Deputy Public Works Director PO Box 3006 Lodi, CA 95241 (209) 333-6706 Re: Proposal to Provide Construction Materials Testing and Inspection Services Terracon is pleased to submit a proposal to provide materials testing and inspection services for the City of Lodi Various Projects 2017-2018 project located at various locations within the city of Lodi, Califomia. We have extensive experience providing construction materials testing and inspection services. Some of the planned projects within this contract are below, but are not limited to this list: • DeBenedetti Parte Trails and Parking Lot Improvement • 2017 Alley Improvements • 2017 Finance Parking Lot Resurfacing Project • 2017 Bus Stop Improvements • 2017 Pavement Surface Treatment • Wastewater Main Rehabilitation Project 7 • Lockeford Street Improvements • Parking Structure Improvements Services for individual projects will be as requested by the City. Total contract services not -to -exceed $150,000. We are confident that Terracon will provide the City of Lodi with a high level of service and look forward to working with you. Should you have any questions regarding the attached proposal, please contact me at (209) 367-3701 or email me at troy.schless©teimcon.com. Thank you for your time and consideration. Sincerely, Terracon, oy M. Sc less, PE 71404 Materials Department Manager Attachment: 2017 Schedule of Services and Fees Terracon 902 Industrial Way Lodi, CA 95240 Main (209) 367-3701 Fax (209) 333-8303 Dispatch (209) 263-0600 terracon.com Environmental • For,ililies • GeoleLIiei( JI • Maleri�i15 a'' lrerracon 1 2017 Schedule of Services and Fees Environmental, Geotechnical, Structural, Pool Engineering, Aquatic Design, and Materials Services ENGINEERING SERVICES Senior Principal Engineer Principal Engineer/Geologist Associate Engineer/Geologist Senior Engineer / Geologist / Sdentlst Project Engineer / Geologist/ Scientist Staff Engineer / Geologist / Scientist Expert Consulting Expert Testimony Asphalt Concrete Consulting AQ Tedtnidan (Epoxy and Sampling only) ICC Inspector (Reinforcing Steel, Masonry, Concrete, Structural Steel, Post Tension, Fireproofing) AC/Solis Inspector Certified Field/Shop Welding Inspector (AWS/CWI) DSA Masonry Inspector CAD Designer CAD Drafter Accountant Administrative Assistant HOT MIX ASPHALT (HMA) SERVICES HMA Placement Inspector HMA Density Process Control HMA Density Cores HMA Data Cores HMA Production Inspector HMA Design Review Lead Project Inspector Building/Construction Project Inspector Caltrans Certified Laboratory Technician CTM125 Sample Hwy Material Quality Control Manager Quality Control Plan EXPLORATION GEOPHYSICAL Seismic Refraction 1D -3D, Seismic Source DAQIink III, 24 Channel Acquisition System, 2 man Multi -Channel Analysis of Surface Waves 1D -3D, Seismic Source DAQIink III, 24 Channel Acquisition System, 2 man crew Ground Penetrating Radar, special antennas may warrant additional charge In-situ Soil Resistivity Testing, Mini -res tester Post Processing and Analysis DRILLING Drilling/Sampling (Track mounted rigs, 2 -person crew) Drilling/Sampling (Simco 2400 and Mobile B24 truck mounted, Minute Man, 2 person crew) Drilling/Sampling (CME75 Auger) DrIlling/Sampling (CME75 Mud Rotary w/desander) Responsive D Resourceful 0 Reliable LODI OFFICE • 902 Industrial Way Lodi, CA 95240 250.00/hr 225.00/hr 195.00/hr 175.00/hr 165.00/hr 135.00/hr 275.00/hr 495.00/hr 145.00/hr 82.00/hr 86.00/hr 82.00/hr 105.00/hr 105.00/hr 100.00/hr 88.00/hr 95.00/hr 65.00/hr 92.00/hr 92.00/hr 110.00/hr 110.00/hr 92.00/hr 200.00/ea Request Quote Request Quote 92.00/hr 92.00/hr 150.00/hr 500.00/ea crew 280.00/hr 280.00/hr 225.00/hr 185.00/hr 165.00/hr 275.00/hr 225.00/hr 285.00/hr 325.00/hr 2017 Fee Schedule lTerracon I FA Schedule of Services and Fees Drilling and Sampling (CME75 Rock Coring) Request Quote Borehole Grouting 285.00/hr Hand -Auger Soil Sample (1 -person Crew) 135.00/hr Coring 1 Man Crew w/o Trailer (Quote will be given upon request for second operator) 145.00/hr Coring 1 Man Crew w/Traller (Quote will be given upon request for second operator) 165.00/hr Bit Charges per 6" max core length, 4" max core diameter 34.00/ea Support Truck not including mileage (500 gallon water tank) 250.00/day 2"x6" Stainless -Steel Tubes and Caps, recycled 10.00/each Permitting Fees Cost + 20% Bailers (disposable) 10.00/ea Sampling Supplies (gloves, 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/day Cement Pump and Mixer 100.00/day Drums 75.00/ea Drilling Supplies Cost + 25% Laboratory Analysis Cost + 30% GEOTECHNICAL SOILS AND AGGREGATES Direct Shear Test: Unconsolidated - Undrained 140.00/point Consolidated - Undrained 165.00/point Consolidated - Drained 185.00/point Triaxial Compression Test Unconsolidated Undrained Triax 02850 185.00/point Consolidated Undrained Triax D4767 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 Rate, per load increment (additional charge) 120.00/ea LABORATORY HOT MIX ASPHALT (HMI Job Mix Formula (Reduced Rate for Multiple JMFs) Request Quote CTM 202 Sieve Course Agg 60.00/ea CTM 202 Sieve Fine Agg 75.00/ea CTM 202 Sieve Ignition Sample 140.O0/ea CTM 202 Batch Plant Gradation Report 50.00/ea CTM 204 Plasticity Index 125.00/ea CTM 205 Determining % Crushed Particles 185.00/ea CM 206 Bulk SpG & Absor Coarse Agg 70.00/ea CTM 207 Bulk SpG (SDD) Fine Agg 90.00/ea CM 211 LA Rattler Request Quote CTM 214 Sodium Sulfate Soundness (per Sieve) 150.00/ea CTM 217 Sand Equivalent 140.00/ea Page 2 of 6 lierracon Schedule of Services and Fees worn CTM 226 Moisture Content of Aggregates by oven drying CTM 227 Cleanness Coarse Agg CTM 229 Durability Index CTM 234 - AASHTO T304 Fine Angularity CTM 235 - ASTM D4791 Flat and Elongated Particles CTM 304 AC Sample Preparation CTM 308 Bulk Spec Gray Bit Mix (Cores and Briquettes) CTM 309 Theo Spec Gav Bit Mix CTM 366 Stabilometer Value (Set of 3) CTM 370 Moisture Content of Bit. Mix by Microwave CTM 371 Tensile Strength Ratio Field Mix CTM 382 Ignition Furnace Asphalt Content CTM 382 Ignition Fumace Calibration (1 per new source) CTM 382 Ignition Furnace Calibration with lime LP -1 Theo Max SpG Mix with Dif AC Cont LP -2, 3, & 4 - HMA Volumetrics (VMA, VFA, DP) Calculations Report LP -10 Sampling and Testing CRM ASTM D2974 Organic Matter ASTM D5334 Thermal Resistivity J4ARSHALL MD( DESIGN Marshall Mix Design ASTM D1559 Stability & Flow ASTM D1075 Immersion & Compression Retained Strength ASTM D2726 Unit Weight ASTM D2172 Extraction ASTM D2172 Extraction with Gradation ASTM D2041, D2172 Max. Specific Gravity of Bituminous Mix. AGGREGATES ASTM C88 Sodium or Magnesium Sulphate Soundness (per sieve size) ASTM C40 Injurious Impurity Matter ASTM C29 Unit Weight (aggregate) CTM 212 Unit Weight (aggregates) CTM 217 Sand Equivalent Test C128 Spedfic Gravity, Fine C127 Specific Gravity, Coarse C535 Los Angeles Rattler Test (500 revolutions) CTM 227 Cleanness Value, Coarse Aggregate CTM 229 Durability Index: Fine & Coarse Aggregate C142 Percent Friable Partides Cal Trans Class 11 Aggregate Base Conformance Test (R -Value, Gradation, 5E, Durability) SOILS Atterberg Limit 04318 Permeability Falling Head Specific Gravity Determination ASTM D854 C136 Sieve Analysis Fine C136 Sieve Analysis Course Wash 200 D1140 Hydrometer ASTM D422 40.00/ea 165.00/ea 200.00/ea 200.00/ea 200.00/ea 50.00/ea 30.00/ea 165.00/ea 300.00/ea 50.00/ea 850.00/ea 160.00/ea 400.00/ea 500.00/ea 150.00/ea 75.00/ea 200.00/ea 80.00/ea 600.00/ea Request Quote 110.00/ea 110.00/ea 30.00/ea 300.00/ea 440.00/ea 150.00/ea 135.00/ea 75.00/ea 80.00/ea 80.00/ea 120.00/ea 70.00/ea 90.00/ea 300.00/ea 165.00/ea 200.00/ea 165.00/ea 695.00/ea 125.00/ea 280.00/ea 90.00/ea 115.00/ea 80.00/ea 230.00/ea Page 3 of 6 lierracon 1 Schedule of Services and Fees Laboratory Maximum Dry Density/Optimum Moisture Content Determination 4" mold AASHTO T99, ASTM D698 6" mold AASHTO T99, ASTM D698 4" mold AASHTO T180, ASTM D1557 6" mold AASHTO T180, ASTM D1557 CTM 216 Relative Compaction, Untreated and Treated Soils CTM 301 R -Value Untreated Samples CTM 301 R -Value Treated Samples pH Test pH -Lime Determination Test Resistivity and pH Test CTM 643 Swell Test (Expansion Index) ASTM D4829 CTM 373 Unconfined Compressive Lime treated Specimen Compressive Strength Cement Compressive Strength Lime Percent Ume/Cement Design, based on compressive strength (Includes R value, pH Lime Determination and Unconfined Compressive Strength) Unconfined Compression Test ASTM D2166 MASONRY BRICK/BLOCK/TILE Compression Tests on Core Spedmens (includes prep) ASTM C42 Shear Tests Masonry Core Compression Tests: (Same price for untested "hold" spedmens) Compression Test Grout Molds Compression Test Mortar Cylinder Compression 2"x4" Cylinder Molds Compression Masonry Prism (2 -block, mortared & grouted) Concrete Masonry Unit: (Same price for untested "hold" spedmens) Compression Test Masonry Unit 8"x8'5c16" Masonry Absorption Tests ASTM C140 Masonry Shrinkage (Volume Change) Masonry Uneal Shrinkage with Absorption Masonry Shrinkage with Absorption and Compression CONCRETE Concrete Mix Design Review Additional Concrete Mix Design (using same materials) Concrete Mix Design with Trial Batch & Concrete Cylinder Compression Tests Floor Flatness Testing Floor Flatness Report Unit Weight Fireproofing Compression Test Concrete Cylinders (same price fnruntested "hold" specimens) Flexural Strength, Concrete Beams, 6" 6"x24 ASTM C78 Cylinder Molds (6'x12") Cement Content of Hardened Portland Cement Concrete ASTM C85 Shrink Bar Testing (3 bars per set) ASTM C157 Compression Tests on Core Spedmens (indudes prep) ASTM C42 Caldum Chloride Moisture Test IGt (indudes calculations) 235.00/ea 245.00/ea 235.00/ea 245.00/ea 220.00/ea 325.00/ea 325.00/ea 60.00/ea 175.00/ea 200.00/ea 215.00/ea 300.00/ea 300.00/ea 300.00/ea 1600.0%a 120.00/ea 75.00/ea 145.00/ea 28.0%a 28.00/ea 15.00/ea 185.00/ea 185.00/ea 105.00/ea 185.00/ea 260.00/ea 420.0%a 200.00/ea 150.00/ea Request Quote 135.00/hr 450.00/ea 50.00/ea 28.00/ea 125.00/ea 7.00/ea Request Quote 420.00/set 75.00/ea 80.00/ea Page 4 of 6 lrerracon I 5 Schedule of Services and Fees STEEL AWS/ASTM/ASME/ANSI/APL Structural Steel Tensile & Bend Tests: Reinforcement Steel Tensile & Bend <5 Reinforcement Steel Tensile & Bend 6 in 9 Reinforcement Steel No. 10 and larger High-strength Bolt, Nut & Washer Testing Rockwell Hardness Test HSB Torque Wrench/Impact Wrench Calibration, Skidmore -Wilhelm HSB Assembly Torque Determination, Skidmore -Wilhelm We/der Qualification and Weld Procedure Qualificadons: Weld Procedure Qualifications Welder Qualification Plate Groove Weld- 16, 2G, 3G, 4G Welder Qualification Pipe Groove Weld - 1G, 2G, 5G, 6G, 6GR Welder Qualification Plate Fillet Weld - 1F, 2F, 3F, 4F Welder Qualification Pipe Fillet Weld - 1F, 2F, 4F, 5F WPS Test Plate (set) WPS Test Pipe (set) NON-DESTRUCTIVE TESTING High Strength Bolt (HSB) Testing Bolt Pull/Load Testing Rebar Pull Testing Ceiling Wire Pull Testing NDT GPR (for reinforcement locating only, other uses refer to Geophysical services) Pachometer STANDARD POOL ENGINEERING SERVICES The fees quoted Include response to plan check. Remodel Pian [Engineer site visit may be required] Remodel Pool Pian (typical In -ground) [Engineer excavation Inspection required] Residential Pool Plan (drilled piers) [Geotechnical investigation report required] Commercial Pool Plan (typical in -ground) [Geotechnical Investigation report required] Commercial Pool Plan (drilled pier) [Geotechnical investigation report required] Commercial/Vault Pool Plan On -Site Steel and/or Excavation Observation Custom Swimming Pool Detail Custom Retaining Wall Design (1 height) Additional Heights Structural Design Computation copies Additional Plan Sheets Consulting Letter Patio Comer/TreIIIs Design Forensic Site Visit Full Service Aquatic Design Epoxy Injection 135.00/ea 165.00/ea 205.0%a, plus machining cost +20% 350.00/set 70.00/ea 320.00/ea 320.00/set 750.00/ea 130.00/ea 225.00/ea 75.0%a 95.00/ea 65.0%a 85.00/ea 125.00/hr 115.00/hr 115.00/hr 140.00/hr 165.00/hr 140.00/hr 800.00/min 800.00/min Request Quote 3,100.00/min Request Quote 1,500.00/min Request Quote 3,500.00/min Request Quote 2,000.00/min 400.00/min 500.00/min 500.00/min 200.00/ea 20.00Jea 15.00/ea 185.00/min Request Quote 900.00/min Request Quote 600.00/min Request Quote 1,800/min first 10', 60.00/ft. after Page 5 of 6 lTerracon 1 50 Schedule of Services and Fees MISCELLANEOUS Automobile Mileage Subsistence and Lodging Equipment Rental PM/PE Review/Admin Support (per report) Pad Certification Report Final Letter (Testing/Inspections) Additional Copy of Report (wet -signed) Miscellaneous Item Charge Air & Ground Transportation CAD — Prints 0.90/mile cost + 20% cost + 20% 90.00/each 150.00/each 200.00/each 50.00/each Cost +20%/each Cost +20%/each 10.00/sheet NOT TO EXCEED $150,000 Page6of6 EXHIBIT C Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor 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 Contractor's operations under this Agreement, whether such operations be by Contractor, 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: COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $2,000,000 General Aggregate 2 COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. All limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi 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 California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides liability coverage at least as broad as this form) 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. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi. California. 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. Page 1 1 of 2 pages 1 Risk: rev.03.2016 Insurance Requirements for Contractor (continued) (e) Completed Operations Endorsement For three years after completion of project, a certificate of insurance with a Completed Operations Endorsement, CG 20 37 07 04, will be provided to the City of Lodi. (0 Severabilitv 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. (g) Notice of Cancellation or Change in Coverage Endorsement 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 Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. (h) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (i) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1S) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (j) Qualified Insurer(s) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Compensation Insurance The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. 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, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reeserv'es t> right fo °Min a fUltcertiiied copy of anylnsurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 1 of 2 pages Risk: rev.03.2016 RESOLUTION NO. 2017-102 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., OF LODI, FOR CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES WHEREAS, the Public Works Engineering Division requires the services of construction testing and inspection firms to provide analytical support during the design of projects, as well as miscellaneous required testing and inspection services during construction of minor improvement projects; and WHEREAS, projects expected to utilize these services include DeBenedetti Park Trails and Parking Lot Improvement Project, 2017 Alley Improvements Project, 2017 Bus Stop and Shelter Improvements, 2017 Pavement Surface Treatment Project, Wastewater Main Rehabilitation Project 7, Lockeford Street Improvements, and various other projects; and WHEREAS, staff recommends authorizing the City Manager to execute a Professional Services Agreement with Terracon Consultants, Inc., of Lodi, for construction testing and inspection services, on a time -and -materials basis, in a not -to -exceed amount of $150,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with Terracon Consultants, Inc., of Lodi, California, for construction testing and inspection services, on a time -and -materials basis, in a not -to -exceed amount of $150,000. Dated: June 7, 2017 I hereby certify that Resolution No. 2017-102 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 7, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None Th,?5'-eAdut-aq. NIFER r. FERRAIOLO City Clerk 2017-102