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HomeMy WebLinkAboutAgenda Report - July 19, 2017 C-09CITY OF LODI COUNCIL COM MUNICATION TM C AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Terracon Consultants, Inc., of Lodi, for Construction Testing and Inspection Services for Grade Separation Harney Lane at Union Pacific Railroad Overhead Project ($200,000) MEETING DATE: July 19, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 1 to Professional Services Agreement with Terracon Consultants, Inc., of Lodi, for construction testing and inspection services for Grade Separation Harney Lane at Union Pacific Railroad Overhead Project, in the amount of $200,000. BACKGROUND INFORMATION: At the November 18, 2015 City Council meeting, Council awarded DeSilva Gates Construction, LP, of Dublin, a contract for construction of the Grade Separation Harney Lane at Union Pacific Railroad Overhead Project (Project). Due to the complex nature of the Project, consultants possessing specialized expertise are needed to monitor certain portions of the construction process. On March 2, 2016, Council adopted a resolution authorizing the City Manager to execute a Professional Services Agreement with Terracon Consultants, Inc. for construction testing and inspection services, in the amount of $574,610. Services are billed on a time -and -materials basis. Construction testing and inspection services are necessary to assure the large, concrete and steel overhead structures are constructed properly. Due to the delays created by the severe, wet winter, the project schedule has extended approximately 130 days. During this time, the contractor was performing work on the overhead structure on a weather -permitting basis. This intermittent activity is less efficient and resulted in additional inspection costs. Additional funds are required to extend construction testing and inspection services to meet the project needs. FISCAL IMPACT: Funding for this amendment is from Regional Transportation Impact Fee and Regional Surface Transportation Program funds. This amendment does not impact the General Fund. APPROVED: ephen • •auer, City Manager K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\Project\CApprop HLGS Terracon PSA Funds doc 7/6/17 Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Terracon Consultants, Inc , of Lodi, for Construction Testing and Inspection Services for Grade Separation Harney Lane at Union Pacific Railroad Overhead Project ($200,000) July 19, 2017 Page 2 FUNDING AVAILABLE: Funding for these items was appropriated on November 18, 2015. Regional Surface Transportation Program (30799000.77020) - $121,020 Regional Transportation Impact Fee (31499000.77020) - $78,980 Andrew Keys Deputy City Manager/Internal Services Director -C. Charles Charles E. Swimley, Jr. Public Works Director CES/GW/tdb Attachment cc: Gary Wiman, Construction Project Manager Terracon K:\WP\PROJECTS\STREETS\HarneyGradeSeparation\Project\CApprop HLGS Terracon PSA Funds.doc 7/6/17 AMENDMENT NO. 1 TERRACON CONSULTANTS, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of , 2017, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and TERRACON CONSULTANTS, INC., a Delaware Corporation (hereinafter "CONTRACTOR"). WITNESSETH 1. WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on April 11, 2016 (the "Agreement"), as set forth in Exhibit 1, attached hereto and made part hereof; and 2. WHEREAS, CITY requested to amend the Agreement to increase the fees by $200,000, for a total not to exceed amount of $774,610, due to delays created by severe, wet winter causing less efficient intermittent activity; and 3. WHEREAS, CONTRACTOR agrees to said amendment. NOW, THEREFORE, the parties agree to amend the fees as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation Hereinabove called "CITY" STEPHEN SCHWABAUER City Manager Attest: JENNIFER M. FERRAIOLO City Clerk Approved as to Form JANICE D. MAGDICH City Attorney TERRACON CONSULTANTS, INC., a Delaware Corporation Hereinabove called "CONTRACTOR" Name: Title: Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into onCLp61 I , 2016, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and TERRACON (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 construction testing and inspection services (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 com ments. 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 April 1, 2016 and terminates upon the completion of the Scope of Services or on March 31, 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: Gary Wiman To CONTRACTOR: Terracon 902 Industrial Way Lodi, CA 95240 Attn: Troy M. Schiess 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. ATTEST: J�NIFER FERRAIOLO Ci y Clerk APPROVED AS TO FORM: JANICE D. MAGDICH, City Attorney CITY OF LODI, a municipal corporation STEPTN SCI -I ABA ER City Manager TERRACON By . By iJ f N e: Troy Mchies- Title: Materials Depa ment Manager Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (if applicable) Funding Source: PWST-0009.Const.ExtLabor 30799000.77020 (Business Unit & Account No.) Doc ID:K:\WP\PROJECTS\PSA's12016\Terracon HLGS.doc CA:Rev.01.2015 8 Grade Separation Harney Lane at UPRR Overhead Project Terracon Scope of Services Exhibit A Provide Construction Testing and Inspection Services as stated in the Request For Proposal dated 10/21/15, the construction contract documents and CALTRANS requirements. 2/5/2013 CITY OF LODI DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS for Construction Testing and Inspection Services for the GRADE SEPARATION HARNEY LANE at UPRR OVERHEAD PROJECT Federal ID #STPL-5154 (040) Please Submit Proposals to: City of Lodi Public Works Department P.O. Box 3006 (221 West Pine Street) Lodi, CA 95241 (95240) Attn: Gary R. Wiman, Construction Project Manager Deadline for Submittal of Proposals No later than 5:00 p.m. on Friday. November 20. 2015 TABLE OF CONTENTS tion Eau Introduction 2 PART A Information 6 PART B Pricing Form 11 PART C Scope of Services 16 Evaluation Criteria 19 Attachments 21 1. Sample Contract with Indemnification and Insurance Requirements 2. Required Federal Form Submittals 3. Forms Required upon Execution of Agreement 4. Specification Section 01400 - Quality Control 5. Specification Section 01410 — Testing 6. Request and Approval for Testing Services (Foran) 7. Detail Breakdown (Billing Report) 1 KAWMPROJECTSNSTRENTSVIarneraarleSeparidieenProjectRiarney Lane (trade Separation TI RPP 1021-15.doe INTRODUCTION Homey Lane is a two-lane east -west urban collector near the City of Lodi's southern city limit. It intersects the Union Pacific Railroad approximately '4 miles west of State Route 99. The City of Lodi recently adopted a Specific Plan for Harney Lane which reclassified it as a four -lane divided expressway. The City of Lodi is also planning several improvement projects along the Harney Lane corridor between Lower Sacramento Road to the west and State Route 99 to the east. This combined with the improvements to Harney Lane at State Route 99 that were recently constructed will increase the usage of Harney Lane. Keeping the existing at -grade railroad crossing along Harney Lane would cause significant traffic congestion, with a compound effect on surrounding intersections and the State Route 99/ Harney Lane interchange The construction of a railroad grade separation at this location will be an integral piece of the planned improvements to Harney Lane. The City of Lodi ("City") is soliciting sealed proposals from qualified firms to provide Construction Testing and Inspection Services for the Grade Separation Harney Lane at UPRR Overhead Project. The Scope of Services shall include, but is not limited to: the furnishing of quality assurance testing, laboratory and related inspection services during the construction. This work will include all coordination with the City of Lodi, Caltrans, Design Engineers and contractor. The purpose of this procurement is to select the most qualified firm to enter into a contract with the City to provide Construction Testing and Inspection Services for construction of the Grade Separation Harney Lane at UPRR Overhead Project. The City is seeking consultants with previous experience in grade separation project work, depth of resources, and sensitivity to the local and regulatory issues. Firms should have knowledge of the City's Standard Plans and Design Standards, as well as knowledge of the BNSF/UPRR Guidelines for Railroad Grade Separation Projects, AASHTO Design Guidelines, Caltrans Highway Design Manual, Caltrans Bridge Design Manuals, Caltrans Standard Plans, and Caltrans Standard Specifications. RFP documents package can be obtained via email by requesting them at either gwimanitlodi.gov or Pwdept@lodi.gov. A PDF file of the RFP will be emailed. SCHEDULE The City has established the following dates for this RFP: RFP released Proposals due Proposals evaluated by review team Interviews of short-listed firms (if necessary) Award recommendation to City Council Contract Execution/Work Commences October 22, 2015 November 20, 2015 November 23- December 10, 2015 December 15, 2015 January 20, 2016 February 1, 2016 This schedule is subject to change and can be affected by various intervening events. PREVAILING WAGE REQUIREMENTS The services described herein are considered "public works" as defined by California Labor Code Section 1720 et seq. Any Consultant awarded a contract as the result of this RFP shall be responsible for compliance with all applicable prevailing wage laws, as well as any and all 2 KAVIMPROJECTS \STRERTS1HarneyOradeSeporaiion1Project1Havney Lane Oracle Sepratian TI RAP 1O -21-154x applicable state or federal wage laws, for services under the Consultant's contract. PROPOSAL FORMAT Each response to this RFP shall include the information described in this section. Provide this information in the order specified and use tabs to identify the different sections of your proposal. Failure to include all of the elements specified may be cause for rejection. Additional information may be provided but should be succinct and relevant to the goals of this RFP. Excessive information will not be considered favorably. Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. Proposals shall have a maximum of 30 pages, not including the cover letter, index and resumes, and shall contain the following elements, in the order given: Cover Letter with the following information: 1. Title of this Request for Proposal 2. Name and mailing address of firm (include physical location if mailing address is a P.O. Box) 3. Contact person, telephone number, fax number and e-mail address 4. A statement that the submitting firm will perform the services as described in the Scope of Work. 5. Acknowledgement that all proposals may be considered public information. Subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it. Therefore, proposers shall specify in their Cover Letter if any portion of their submittal should be treated as proprietary and not releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge. Note: Cost proposals shall be treated as proprietary and shall not be released as public information. Signatory Requirements - The Cover Letter must be signed by an officer empowered by the proposing firm to sign such material and thereby commit the proposing firm to the obligations contained in the RFP response. Further, the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter into a binding contract. • Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer. • Proposals which are submitted by an individual doing lbusiness under a firm name ("dba") shall be signed in the name of the individual doing business under the proper firm name and style. PROPOSAL SUBMITTAL INSTRUCTIONS • One (1) original and three (3) copies of your Proposal and one (1) copy of your Cost-Proposal-in.a.separatcsealed.envelape, shalLbe_received_by_the_City of Lodi Public Works Department not later than the date and time indicated on the cover 3 KAWPWROJECTSISTREETS1HanteyarodoSeparationTrojecAllamoy Lane (trade Separulon TI RFP 10-21-15.doo page of this RFP. Faxed and/or emailed proposals shall not be accepted. All proposals shall be submitted in a sealed envelope or container, and clearly marked with the RFP title. • Proposals must be submitted ONLY to: City of Lodi Public Works Department Attn: Gary R. Wiman, Construction Project Manager P.O. Box 3006 (221 West Pine Street) Lodi, CA 95241-1910 (95240) • Late proposals will not be accepted or considered. The City of Lodi shall not be responsible for proposals delivered to a person or location other than that specified in this RFP. • All proposals, whether selected or rejected, shall become the property of the City of Lodi and will not be returned. • All costs associated with proposal preparation shall be borne by the proposer. • All proposals shall remain firm for one hundred eighty (180) days following the closing date for the receipt of proposals. The Project Location is identified in the project location map included herein as Figure 1. 4 KAWIAPROJECTS1STREETSITimneyOradeSeperaticaWrojectliarney Lane carom separation Ta RFP W-21 -1 idea Figure 1 Vicinity Map Grade Separation: Harney Lens at Union Padfic Railroad 'fie" women nee car 4. L ;a Cc y clb halo WoodeenQe wWen M 1 1 South Woodbildpet VOA, den r n X 1 t a,7lal.a tdwrr Nr 1.411 pro( w rived. XI s � CWt- u veal wean N w Eld>t el a w Lodi a It 1 iw.wlnq. Mc • cm 14/.111•1 u1. w •••••.. MOWN° l" r- mur01) al Vi mndun�Vri _ wowo,::;) 411411.1.11 AIrpok I Project Ana • 5 E Lava Da► Rd KAWMPROJECTSISTRERTS1HimeyGraleSepacation1Projeakianiey Lane Grade Separation TI RFP 10-21-15.doc NON Ct Itahrson t PART A Information SECTION 1. NOTICE Notice is hereby given that the City of Lodi will receive Qualification Statements and Pricing Proposals for the furnishing of quality assurance testing, laboratory and related inspection services during the construction of the Grade Separation Harney Laae at UPRR Overhead Project. Each firm is requested to provide a proposal consisting of two scaled envelopes, ono marked "QUALIFICATIONS" and the other marked "RFP PRICING PROPOSAL", Questions regarding this proposal and scope of work should be directed to Gary R. Wiman, Project Manager, at (209) 333-6706. Qualifications and Proposals are due by 5:00 p.m. on Friday, November 20, 2015. The Grade Separation Harney Lane at UPRR Overhead Project will be Federally funded, any Consultant awarded the contract must work with the City to be sure all required forms, certifications, licenses and documentation is cohesive with the timing and requirements as set forth in the Federal funding guidelines. RFP Documents: RFP documents package can be obtained via email by requesting them at either gwiman@lodi.gov or )'wdept@lodi.gov. A PDF file of the RFP will be emailed. SECTION 2. PROJECT SCOPE Projects contemplated under this agreement include the Grade Separation Harney Lane at UPRR Overhead Project, including the construction of a new three -span, cast in place, post tensioned concrete box girder approximately 248 feet long and 88 feet wide to grade separate Harney Lane at the Union Pacific Rail Road track. Work includes signal modifications (temporary & permanent), drainage and utility installation, street lighting, landscaping, construction of raised medians, curb gutter and sidewalk, and other incidental and related work, in accordance with Plans and Specifications for Grade Separation Harney Lane at UPRR Overhead Project. The project plans (drawings) and specifications and working details and other contract documents are on file with the Director of Public Works, City Hall, 221 West Pine Street, Lodi. Construction is expected to begin in February 2016, and last for approximately 18 months. Be advised that the City may elect to use the testing firm on other City construction projects during this time. Selected firm will be required to honor pricing submitted as a part of this proposal. ,SECTION 3. OUALIFICATION CONSULTANT The Consultant is required to demonstrate an ability to perform with a high level of expertise in order to be found qualified. Failure to submit such information wilt result in the rejection of the proposal. The following information must be submitted by the Consultant in a separately Healed envelope marked "QUALIFICATION". No pricing information will be included with the Qualification, but will be provided in a second separately sealed envelope marked "RFP PRICING PROPOSAL". 1. Information demonstrating adequate financial resources to perform the contract or the ability to obtain them as required for performance (example being a copy of the company financial statement). 2. Information demonstrating ability to meet the performance schedule of the contract as compared with other business commitments. Include a listing of all ongoing and planned work in addition to the Grade Separation Harney Lane at UPRR Overhead Project. List current number of employed field staff at the Office serving this project. 6 KAwPWROJECTASz7tEErsvia neyaredeSepernimlPmlect1Hwey Lime chide Separation '11 RFP 1 O.21-15.doo 3. Information demonstrating a satisfactory record of professionalism and performance. The Consultant will provide information answering the following questions: a. Has the Consultant ever bean terminated for default? Explain. b. Has the Consultant provided testing services of similar scale and scope (list three or more equivalent projects within the last ten years)? c. Has a Caltrans approved testing laboratory (Soils, concrete and Asphalt) within 100 miles of the project Provide date of last inspection by Caltrans. d. Has a current AMRL certification? e. Is the Consultant recognized by the ICC Joint Committee on Special Inspection? f. Who aro the designated supervising staff P.E. and Project Manager? Provide resumes and an organizational chart showing all staffthat will work on the projt g. Provide resumes of currently employed certified (ICC, RCI, AWS, CALTRANS, etc.) staff inspectors who may be assigned to this project. S. Information demonstrating a satisfactory record of integrity. Provide a list of client reference names, telephone numbers, and applicable projects. 6. Information demonstrating they have the necessary construction and technical equipment and facilities or ability to obtain them. List laboratory location where work for this project will be administered. List laboratory location where materials for this project will be tested. SCOPE OF WORK The Consultant shall have the ability to deliver a wide range of services including, but not limited to: Construction Inspection, testing and laboratory testing as required by the contract documents, building codes, Caltrans and funding sources. The Consultant will report to and assist the Construction Project Manager, who will act as the Resident Engineer for this project. A sample contract is provided as Attachment 1. Listed below are tasks the consultant is expected to incorporate in the proposed scope of services. It is not intended that the tasks included below comprise a comprehensive list or are the only tasks required for this project. Each consultant firm should, based on its expertise, develop a comprehensive and detailed scope of services necessary to complete the deliverables listed in this section of the RFP. Table of Contents of material included in the proposal - This index must include a clear definition of the material and be identified by sequential page numbers. Organization Chart - Provide your firm's organization chart designating specific staff members to be assigned to this contract. Include the firm's organizational structure and size variation of employees in the past five years. Also provide a project -specific organizational chart identifying services which would be completed by your firm's staff and those provided by subconsultants. Experience of Firm and References - Provide a summary of the firm's experience with similar projects, including the date and a brief description of the project. The description is to include, at a minimum, an outline of the complexities of the project, the firm's approach to the project. Related experience to high-profile, fast-track, public -sensitive, local agency projects of similar size and magnitude should be included in this summary. Provide no more than three project references for related projects, including date of project, consultant staff that worked on the 7 KAWPWRor13CIS1STREETS1 erneyGredeSeParal3m+thojed+iionCr Lane Grade separation TI RFP 10-21-15.doc project, contact person and phone number. Preference is given to project references that have directly worked with proposed staff. Proposed Staff- Provide a brief summary of the qualifications/experience of each team member and how the experience applies to this project, preferably not more than one page per team member, to include length of service with the firm and resume. Provide names of project manager and individuals authorized to negotiate contract on behalf of consulting firm. Required Statements - Include statements of assurance for the following requirements: • Non -substitution for the designated members of the proposed staff members without prior approval by the City • Conflict of Interest • Ability to fulfill the indemnification and insurance requirements contained in the sample contract (Attachment 1). Please note that actual Certificates of Insurance arc not required as part of your submittal. • A Disadvantaged Business contract goal of 15% has been determined for this project The required Federal forms are listed below. These forms shall be filled out and submitted with the proorlsaj. Copies and instructions are provided in Attachment 2, a Exhibit 10-I Notice to Proposers DBE Information o Exhibit 10-K Certification of Financial Management System and Contract Costs o Exhibit 10-01 Local Agency Consultant DBE Commitment (Consultant Contracts) o Exhibit 10-Q Disclosure of Lobbying Activities o Exhibit 10-U Consultant in Management Position Conflict of Interest and Confidentiality Statement o Exhibit 12-B Bidder's List of Subcontractors (DBE and Non -DBE) - Part I and Part II o Exhibit 15-H UDBE Information - Good Faith Efforts • The following Federal forms are required upon execution of agreement with Consultant. Copies and instructions are provided in Attachment 3. o Exhibit 10-02 Local Agency Consultant DBE Information o Exhibit 17-F Final Report - Utilization of DBEs o Exhibit 17-0 DBE Certification Status Change SECTION 4. RFP PRICING DOCUMENTS RFP pricing shall be delivered in a separately sealed envelope marked "RFP PRICING PROPOSAL" and shall be made upon the special proposal (RFP Pricing Form) with all items completely filled out; numbers shall be stated in figures, the signature of the proposer shall be in longhand. The completed form should be without modifications, interlineations, alterations, or erasures. No qualification information will be contained in the RFP Pricing envelope. Do not qualify pricing. Qualified pricing will be rejected as non- responsive. Pricing is required to be prepared in accordance with Federal and State guidelines showing companies CPA audited overhead rates per Title 48 Code of Federal Regulations (CFR), Part 31, Contracts Cost Principles and Procedures. Each individual proposed for the project should include a detailed c ing" table per California ADM -203 - (rCvl6H-2)--showing-their labor- rates-, -fringe - overhead, and fee. Attach additional sheets as may be required to provide this information. The 8 K:1wP1PROJECrsl3 rationlProl 1HY Law Grade scpandiaa 11 RFP 10-21-15.doc Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Manager. The City of Lodi has determined that this project falls under the guidelines for prevailing wage requirements. All personnel working on this project aro entitled to the prevailing wage as set by the State of California Department of Industrial relations. By submission of this proposal: The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other erployer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training pogroms. The responsibility for compliance with these Labor Code requirements Is on the Contractor. The City of Lodi requires the submission of certified payroll records monthly with the billing request. Each pricing proposal shall be in accordance with the attached sample contract and scope of work, and with applicable codes. Cost Proposal- Submit one (1) copy of proposed hourly rate(s), with not -to -exceed totals for each of the tasks identified in the Scope of Work. The Cost Proposal shall be submitted in a separate sealed envelope, clearly marked with the name of your firm, the name of the project, and identified as "Cost Proposal". The Cost Proposal does not apply to the page count. Cost proposals shall be treated as proprietary and shall not be released as public information. Cost proposals of those firms not awarded the RFP shall be destroyed. SECTION 5. SUBMISSION OF PROPOSALS Proposals including two separately sealed envelopes marked "QUALIFICATION STATEMENTS" and "RFP PRICING PROPOSAL" shall be submitted to the City of Lodi at the place indicated in the Request For Proposal. It is the sole responsibility of the proposer to see that his proposal is received in proper time. All proposals shall be submitted under separately sealed cover, plainly identified as "Request for Proposals for Testing Services - Grade Separation Barney Laze at GPRR Overhead Project " and addressed as directed in this Notice. Failure to do so may result in a premature opening of, ora failure to open such proposals. Proposals which are not properly marked may be disregarded. Oral, telephonic, or telegraphic proposals are invalid and will not receive consideration. The City reserves the right to reject any and all proposals and/or waive any irregularity in any proposal received. No respondent may withdraw his proposal for a period of sixty days after the date set for submission of the proposals. The proposer shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to submitting his proposal, and to the conditions affecting the award of contract. ,SECTION 6. WITHDRAWAL OF PROPOSALS Any proposal may by withdrawn at any time prior to the time fixed in the public notice for the submission of proposals, provided that a request in writing, executed by the proposer or his duly authorized representative, for the withdrawal of such proposal is filed with the City's Public Works Department. An oral, telegraphic or telephonic request to withdraw a proposal is not acceptable. The withdrawal of a proposal shall not prejudice the right of a Consultant to filo a new proposal. SECTION 7. IRREGULAR PROPOSALS 9 K WMPR onlpmject1Herney Lane Grade Separation 11 RFP 1 ext-I5.doo Proposals may be rejected if they show any alteration of fmmn, additions not called for, conditional bids, incomplete proposals, ermures, or irregularities of any kind. if proposal amount is changed after the amount is originally inserted, the change should be initialed. If the Qualification contains pricing information, the proposal may be rejected. Proposals demonstrating rates less than the required prevailing wage rate for a particular service will not be accepted. Rates shall include, but not be limited to, all costs associated with the service being provided, including tools, transportation and reporting. Billing will only be for hours actually on site or performing the required tests. No minimum hours will be reoognizod. SECTIQN S. AWARD OF CONTRACT The right is reserved to reject any and all proposals. The award of the contract, if it is to bo awarded, will be to the most qualified proposer whose proposal complies with all the requirements prescribed. Such award, if made, will bo mado within sixty days after the submission of the proposals. SECTION 9. EXECUTION OF CONTRACT The contract shall be signed by the successful proposer in duplicate counterpart and returned within five days of receipt, not including Saturdays, Sundays, and legal holidays. No contract shall be binding upon the City until It has been signed and executed by the Contractor and the City. Once fully executed, the City will issue a copy of the contract. End of Part A 10 KAwP1PRciThcrksTREMS \HemoyOradeSeparaiionTrojeeNlaney lane Grade Separation TI RFP 10-21-15.doe PART B RBOUEST FOR PROPOSAL PRICING FORM Proposals are due nolater than 5:00 p.m. on: November 20, 2015 Location: City of Lodi Public Works Department Atte: Gary R. Wiman, Constriction Project Manager 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, insurance, and incidentals necessary to provide quality assurance testing and inspecting services pertaining to the Grade Separation Barney Lane at UPRR Overhead Project in accordance with the terms and conditions of the Request for Proposal on file at the City of Lodi, Public Works Department Proposer declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that the undersigned will contract with the City of Lodi to provide these services in the manner and time prescribed; and that the undersigned will take in full payment therefore an amount based on the unit prices specified heroin below for the various services, the total value of said services for the not -to -exceed sum of Dollars. It is understood and agreed that the quantities of services under each item are approximate, being given as a basis of comparison of proposals, and the right is reserved by the City to increase or decrease the amount of work under any item as may be required by the City, in accordance with this agreement. It is further understood and agreed that the total amount of money set forth for each item of work, or as the total amount proposed for the project, does not constitute an agreement to pay a lump sum for these services. The quantities may be increased or decreased depending on the job requirements. IMPORTANT NOTICE If the proposer is a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. If a co -partnership, state true name of firm. If an individual, state first and last name in full. Firm Name: By: Dated: 11 KAWP1PRol8CTS' STREETSSHemaydradcSeparaticn\AojeenHamey Lame Grade Separation TI RPP 1O-21-15.doc All items must be cow Acted for l)1(»os.il to be considered valid. 12 KAWPWROJECIASTREETS1HarnayGradcSapandiarerojecNiamey Lana Orad" Sepualian TI RFP 10-21-15.doc Field Unit Prke Lab Item Description Qty. Unit Unit Price Total Cost 1 Solis/Asphalt Engineered Fill Observation 800 Hr. Density (Curve) Cal 216 25 Ea. Soli Compaction Testing — Nuclear gauge 800 Hr. -- Footing Verification Inspection 100 Hr. Road Subgrade/Agg. base compaction Testing 100 Hr. CTM 202 Sieve Analysis 10 Ea. CTM 217 Sand Equivalent 10 Ea. CTM 229 Aggregate Durability 10 Ea. CTM 301 R Value 5 Ea. ___T CTM 382 Asphalt Content Ignition Oven 10 Ea. CTM 309 Max. Specific Gravity HMA Mix 10 Ea. CTM 308 Max. Specific Gravity of Compacted Mix 10 Ea. HMA Mbc Design Review 5 Ea. Asphalt Compaction Testing - Nudear Gauge 80 Hr. CTM 375 Asphalt Compaction Testing — Field Coring 40 Hr. Subtotal 12 KAWPWROJECIASTREETS1HarnayGradcSapandiarerojecNiamey Lana Orad" Sepualian TI RFP 10-21-15.doc item Description Qty. Unit Field Unit Price Lab Unit Price Total Cost 2 Cast -In -Place Concrete Mix Design Review - ACI 301 5 Ea, Cement Sampling - ASTM C 183 5 Ea. CTM 521 Compressive Strength Concrete Specimen 80 sets 4 cyl. Tensile/Bend Test - ASTM 615-90 40 Ea. Elongation and Yield/Tensile Strength 40 Ea. Reinforcement Placement Inspection 300 Hr. Drilled Dowel Testing (AASHTO T- 237) 40 Hr. Concrete Placement Inspection Including CTM 539, 540, 504, 518, 543, 556 and 557 as required 400 Hr. Concrete Core Testing - ASTM C42 (incl. coring) 10 Ea. Drilled in Anchor Testing 40 Hr. Post Tension Cable Placement 200 Hr. Post Tensioning Inspection 60 Hr, Pick Up and Delivery of samples (separate trips only) 40 Ea./Set Subtotal 13 K:NwPWROJECrs1s7RHE S1Huaoyondesepwtlon1Project\Harner Lane Grade separation 77 RFP 10-21-15.doc Item Description Qty. Unit Fuld Unit Price Lab Unit Price Total Cost 3 Masonry Mortar Testing - UBC Std. 21-16 25 Ea./Set Grout Testing UBC Std. 21-18 25 Ea./Set Mix Design Review/Report 3 Ea. Tensile/Bend Test ASTM 615-90 10 Ea. Masonry Placement Inspection, UBC 1701.5, 7.2 200 Hr. CMU Block or Brick Testing 4 Set of 4 Prisms - UBC Std. 21-17 4 Ea. Subtotal 4 Structural Steel Shop Visual Welding 200 Hr, Field Visual Welding 200 Hr. Shop Fabrication Inspection 200 Hr. Field Bolting (Torque) Inspection w/Reports 100 Hr. Metal Deck Welding 80 Hr. Ultrasonic Testing 100 Hr. Subtotal 5 Other NOT USED Subtotal 14 KAWPWROJECISWIREETS1litmseyaradeSeparadon\ProjectHuney Lac Grade Separation 11 RFP 10.21-1S.doc Item Qty. Unit Heid Unit Prue Lab Unit Price Description Total Cost 6 Professional Services Senior Staff Engineer 20 Hr. Held Technician Lab Technklan 100 Hr. 80 ' Hr. 7 — Subtotal Miscellaneous Premium Diff. for OT 100 Hr. Out -of -Town Inspection (beyond 50 miles) 40 Hr, Mileage (beyond 50 miles) 500 Mile Subsistence (beyond 50 miles) 10 Day Subtotal Grand Total End of Part B 15 KAWAPROJECTS1STRHETSUbrneyaradeSeperatiathProjecAliamey Lone Grade Septillion TI RFP 10-21-15.doo PART C SCOPE OF SERVICES A. General Requirements 1. Consultant to be a fully qualified testing laboratory meeting the requirements of ASTM E-329 Sections 3 through 8, and Section 11, and recognized by the ICC Joint Committee on Special Inspection and Approved by Caltrans. 2. Consultant shall attend all meetings and conferences as requested by the City or its agent. 3. Cost considerations are not to be considered as justification for breach of sound principles of quality assurance, inspection, and testing. 4. Consultant shall establish and maintain procedures to ensure that persons performing work are certified and skilled in methods and practices needed to assure required quality levels. Remove and replace (at no additional cost to the City) personnel who do not possess the required skills or who are not efficiently and effectively performing their assignments. Provide the Project Manager with resumes of all persorurcl assigned to the project. 5. Consultant shall be responsible for the quality of the services provided, and shall maintain the necessary facilities and equipment required to satisfy the testing specifications. 6. Consultant shall request a clarification from the Project Manager for missing or ambiguous information or requirements. In the case of conflict in the plans, specifications and/or cedes, the more stringent inspection or testing requirement shall apply. 7. Consultant may need to subcontract for certain specialized testing or inspection services. The use of such subconsultant will require prior City approval. 8. The following attachments will form a part of this contract: • Specification Section 01400 - Quality Control • Specification Section 01410 - Testing • Request and Approval for Testing Services (Form) • Detail Breakdown (Billing Report) B.__Scopo . The scope of tests and inspections is based on the requirements of 2006 CALTRANS Standards, other referenced code requirements, and the Grade Separation Harney Lane at UPRR Overhead Protect plans and specifications. The services to be provided will be as directed by the City's representative. The Consultant will meet or communicate with the representative and/or construction Contractor periodically to plan and schedule testing and inspection services. 2. The authorization to provide specific services will be issued by the Project Manager using a Testing Services Work Order (Request and Approval for Testing Services form). These work orders will be issued by the City's representative periodically throughout the constriction period, as construction activities dictate. The Contractor will not be authorized to place orders directly with the testing firm. The City will not pay for the services placed by the Contractor. The Request and Approval for Testing Services form describes the required test, location and date required. It will be requested by the Contractor and forwarded to the City representative for approval. Upon completion of the testinglinspection, the Consultant will sign and date the forms, which will be verified by the City's representative. The Consultant will make a copy of the completed form, which will be attached to the Consultant's billing each month. These serve as the Special Inspector's Time Cerd and must be signed by the Project Manager each day. The time cards will be used to validate each month's hourly billing. 3. Off-site inspections are to be handled identical to the above except that Special Inspectors shall fax or electronically mail time cards to the owner's representative each day, without exceptions. 16 KAWAPROJRCISISTREETS1HarneydradeSeparationTroject1Haraey Leve Crede Separation Z'1 RFP 10 21.15.doc 4. The Consultant will maintain a monthly status report of the budget quantities and costs; quantities and costs expended through previous report period, quantities and costs this report period, and total quantities and costs to date. The status report will be submitted with the monthly billing. C. Time Services shall start upon execution of the agreement and issuance of the fust work order. The duration of the Consultant contract will be for a period of TWENTY-FOUR (24) months at the established item prices. D, Notice The Consultant will be given one working day's notice prior to starting any new inspection/testing service. E. Conflict of Interest The Consultant cannot contract directly with constriction Contractor for any testing services concerning this City project. F. Item Prices 1. The City is not limited to the use of funds as estimated per item. Unused funds from one item price may roll up to other items as required so long as the total contract award does not exceed 125% of the total proposal price. 2. Any service required, but not referenced in the Proposal for Services listing, to be charged to client using similar unit price for actual hours worked (not "List Price"). G. Reimbursement 1. The Consultant will only be paid for actual hours worked except for a one-hour minimum for show -up time. 2. Travel Costs: The cost of mileage and subsistence charges to and from the project site is included in the item prices. Travel and subsistence charges to factories and fabrication plants in excess of a 50 -mile radius from the job site will be reimbursable by the City only when the City has issued prior written approval thereof. The City will reimburse the Consultant for mileage or airfare whichever is less expensive. The following will apply to determine applicable costs. Travel time will be reimbursed at a field technician level. Actual costs with no overhead or profit will be reimbursed. This level of reimbursement should be reflected in the submitted Proposal for Services. 3. Reproduction and Mailing: Reproduction and mailing costs for reports and test results shall be supplied in the quantity specified in the specification and included as part of the above - listed item prices. Reproduction and shipping costs for additional copies will be reimbursed by the City at actual cost when the City has issued prior written approval therefore. H. Subconsultants Consultant's subconsultants' time shall be paid at Consultant's cost, which should be reflected in the item prices of the submitted Proposal for Services. Prevailing wage requirements must be met. I. Billing 17 KASIMPROJECIVSTREETS1HameyOradeScparationTrojecaliaroey Lane (rode Separation TI RPP 10-21-15.doo The Consultant will submit to the Project Mangier no later than the first of each month (for services up to the 25th) a computed "Request and Approval for Testing Services" form for all rices with each billing. The Consultant will prepare a summary contract form with each billing which provides the following information for each lino item of work and for the total contract: "Item, Description, Budgeted Quantity, Unit, Unit Prioe, Total Budgeted, Previously Billed Units, Curront Billing Units, Total Current Billing." End of Part C 18 KANYMPROIECPASTRREVAliwneyaradeSeparadanTiojecAllemey Lane crude Eiversdan TI RFP 10-21.15.aoc EVALUATION CRITERIA The following evaluation criteria and rating schedule will be used to determine the most highly qualified firm for this project: Maximum Points Understanding of the work to be done 15 20 25 Experience with similar kinds of work Quality of staff available for the work to meet project schedule Capability of' Laboratory to meet project schedule 10 Familiarity with state and federal procedures 10 Financial responsibility 10 Demonstrated Technical Ability 10 Total Possible Points 100 SELECTION PROCEDURE Proposals will be reviewed for responsiveness, and responsive proposals will be screened by a selection committee in accordance with the above criteria. The top two firms) submitting the highest rated proposal(s) may be invited for interviews. The proposed project manager and project engineer shall represent the firm at the interview. The City reserves the right to make an award without further discussion of the submittal with the offeror. Therefore, the proposal should be submitted initially on the most favorable terms that the firm or individual might propose. The City reserves the right to award a contract to the firm that presents the best qualifications and whose proposal best accomplishes the desired results. The City reserves the right to reject any or all proposals, or to waive minor defects and/or irregularities in said proposals, or to negotiate minor deviations with the successful firm(s). The City shall be the sole judge of the materiality of any such defector irregularity. GENERAL TERMS AND CONDITIONS Exceptions: If the Proposer takes exceptions to the specifications, terms and conditions of this RFP or the Draft Contract, or as amended by any addenda subsequently issued, they must do so in writing. Said exceptions must be submitted with the Proposer's response to this RFP. Failure to do so shall signify acceptance of all specifications, terms and conditions and General Provisions of this RFP and the resulting contract. Standard Contract: Upon completion of the evaluation and recommendation for award, the selected firm will be required to execute a consultant services agreement, a sample of which is included as Attachment 1. Proposers are advised to carefully review the attached contract Any proposed exceptions, alterations, or amendments shall be clearly specified in a separate letter in your submittal, the nature of which may affect the evaluation of your submittal and the perceived ability to successfully award a contract to your firm/individual. Independent Contractor: At all times the Consultant shall represent himself/herselfto be an independent contractor offering such services to the general public and shall not represent himself/herself, or his/her employees, to be an employee of the City of Lodi. 19 KAWMPROJECTSWREETS1HarneyaradeScparationTrojecnitamey Lane Grade Separation TI RPP I0-21-15.doc Ownership of Information: All reports, documentation, and material developed or acquired by the Consultant as a direct requirement specified herein shall become the property of the City of Lodi. The Consultant agrees and understands that all discussions with the Consultant and all information gained by the Consultant as a result of the Consultant's performance under the contract, shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the City. Non -Appropriation: The City may terminate any resulting contract at the end of any fiscal year, June 30th, without further liability other than payment of debt incurred during such fiscal year, should funds not be appropriated by its governing body to continue services for which the contract was intended. Conflict of Interest: The Consultant shall warrant that no official or employee of the City has an interest, has been employed or retained to solicit or aid in the procuring of the resulting contract, nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City. Non -Collusion: Firms submitting proposals shall warrant that their offer is made without any previous understanding, agreement or connection with any person, firm or corporation submitting a separate proposal for the same project and is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. This condition shall not apply to proposals which are submitted by firms who have partnered with others to submit a cooperative proposal that clearly identifies a primary consultant and the associated subconsultants. Indemnification and Insurance Requirements: The indemnification and insurance requirements are provided in Attachment 1. INQUIRIES All general inquiries regarding the RFP process or proposal submission must be directed to: Gary R. Wiman, Construction Project Manager City of Lodi Public Works Department P.O. Box 3006 (221 West Pine Street) Lodi, CA 95241-1910 (95240) Email: gwiman@lodi.gov / Phone: 209-333-6706 Email is the preferred method of receiving inquiries. ATTACHMENTS 1. Sample Contract with indemnification and Insurance Requirements 2. Required Federal Form Submittals 3. Federal Forms Required upon Execution of Agreements 4. Specification Section 01400 - Quality Control 5. Specification Section 01410 —Testing 6. Request and Approval for Testing Services (Form) 7. Detail Breakdown (Billing Report) 20 KAWP1PROMCTS1STRESTS1HarncyOniclacinualionlProjecAllentey Lane Grade Separation TI RFP 10-21-15.doo Attachment 1 Sample Contract with Indemnification and Insurance Requirements 21 KAWPWROJECTS1SIREMZHarneyannieSepurationTroJecetHerney Lane Grade Separation TI RFP 1O.21•15.doe AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered Into on , 2015, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and (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 (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 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall 1 remain in contact with reviewing agencies and make all efforts to review and retum all comments. Section 23 Ueetinae 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 2.6 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 Ter The term of this Agreement commences on , 20 and terminates upon the completion of the Scope of Services or on , 20 , 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 Prevailing Wage The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general prevailing wage rate and other employer payments for health and welfare, pension, vacation, travel time, and subsistence pay, apprenticeship or other training programs. The responsibility for compliance with these Labor Code requirements is on the prime contractor. Section 3.3 Contractor Registration — Labor Code 41725.5 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 3.4 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 3.5 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 3.6 auditing 3 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. 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 Damao 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, 4 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 attomey 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. Section 4.6 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 4.8 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: 5 To CITY: To CONTRACTOR: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Gary Wiman 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 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 conceming 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 Protect 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 ConfldentlalltY 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 6 CONTRACTOR. CONTRACTOR acknowledges that CITY Is subject to the Califomla Public Records Act. Section 4.13 Anaiicable 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 vold 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. 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 perfomiing any work hereunder. Section 4.16 Captions The captions of the sections and subsections of thls 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 Intearatlon 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. 7 Section 4.18 Severabillty 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. 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 0 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. 8 ATTEST: CITY OF LODI, a munidpal corporation JENNIFER M. FERRAIOLA STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: JANICE D. MAGDICH, City Attomey 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: Doc ID: CA Rev.01.2015 (Business Unit & Account No.) 9 Exhibit C Jnaurance RsarilremOnts for Consultant The Contractor shall talcs out and maintain during the life of this Agreement, Insuranoo 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 properly damages, which may arise from Contractor's operations under this Agreement, whether such operation's 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 se folbwe: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Oas rronce $2,000,000 General Aggregate 2. $1,000,000 Combined Single Limit Such Insurance shell cover liability arising out of any vehicle (including. corned, hired and non -hired vehicles) operated In performing any and an services pursuant to this Agreement. Coverage shall be written on ISO form CA CO 01 12 90, or a tater version, that provides liability coverage at least as broad as this form. All limits aro to be designated stricttyy for the City of Lodi, its elected and appointed boards, oommiesions, officers, agents, employees, and volunteers. Ali 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 doductibte or SIR may be satisfied by either the Named Inaured(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 andlor limits sat forth above, shell be available to City as an edditlanal Insured. Furthermore, the requirements for coverage and limits shall be (I) the minimum coverage and limits specified in these insurance requirements: or (11) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the Contractor; whichever to greater. Contractor agrees and stipulates that any Insurance coverage provided to the City of Lodi shall provide for a chins period following termination of roveraee enrich Is at least consistent with the dams period or statutes of Imitation 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) wed Insured ndoreernent Pursuant to a separate endorsement (150 form CG 2010 (11185) or a later version, that provides liability coverage at coast aa broad as this form) such Insurance as Is afforded by this policy shall also apply le the City of Lodi, its elected and appointed boards, commissions, officers, agents. employees, and volunteers as additional noted insureds, An additional named insured endorsement is also required for Auto Liability. (b) al and f1Q,p &rltributary 109urar ee Endort3.8rstent Additional Insurance coverage under tho Contractor's policy shell ba 'primary and non-contributory' and veil not seek contribution from CUs bnsuranoe or set 4nsurartos and shall be at least u broad as ISO form CG 20 01 041 13, NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodl, California, 95240; (2) The Insurance certificate must state, on ire face or es an endorsement, a description of the ptolect that It Is InaurtnQ. (c) Iaivernclude 5 Subrogation of of Lodi, Is elected and appointed boards, commissions, Include a waiver of subrogation against the City , 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 satl8fied by a combination of primary and umbrella or excess Insurance. Any umbreia or excess Insurance of Contractor shalt contain, or be endorsed to contain, a provlalon that ouch coverage shall also Apply on a primary and nen-contributory basis for the benefit of the City before the CHy'e own Insurance or seH4neurance shall be called upon to protect the City as a named insured. Page 1 I of 2 pages 1 Risk rev,08.2015 (e) ,Severabl$ty of Interest Clause The term 'insured" Is used severely and not aolectivey, but the inclusion herein of more than one insured shall not operate to Increase the limit of the company's liability. (fl This policy may not bo canceled nor the coverage reduced by the company without 30 days' prior 'mitten notice of such cancellation or reduction In coverage to the Risk Manager, City of Lodi. 221 West Pine St, Lodi, CA 95240. (g) Ontinulty of Coverage All policies shalt be in effect on or before the first day of the Terrn of this Agreement At least thirty (30) days prior to the aviation of each Insurance policy, Contractor Shall furnish a certificate(e) 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 lomat an annual basis during the Term. If Contractor's insurance lapses or Is discontinued for any reason. Contractor shall Inunedlately notify the City and immediately obtain replacement insurance. (h) Failure to Comclv If Contractor fall or refuses to obtain and maintain the requited insurance, or falls to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums pakl, with Interest on the premium paid by the City at the maximum allowable legal rate than 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 name(s) of the inaurnr(s), and rate of interest Contractor shall pay such reimbursement and trtereat on the Prat (1'') day of the month following the City's notice. Notwtthetanding and other provision of this Agreement, If Contractor fails or refuses to obtain cr maintain insurance as required by this agreement, or faHs to provide proof of Insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately casae use of the Site or facilities and conxnenoe and diligently pureue the removal of any and al of its personal property from the site or Wiles. (i) Qi'aiiflsd Insurerfsl All Insurance required by the terms of this Agreement must be provided by insurers licensed to do business In the Stats of California which we rated at least 'A-, vr by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus !Ines carries may be accepted provided they are Included on the most recent Ilst of California eligible surplus lines insurers (LESLI Het) and otherwise meet City requirements. Wolters Compensation Insurance The Contractor shah tate out and maintain during the life of this Agreement, Workers Compensation Insurance for all of Contractor's employees employed al the site of the project and, if any work Is sublet, Contractor shell require the subconlrector similarly to provide Worker% Compensation Insurance for all of the tatter's employees unless such employees are cowered by the profedIon afforded by the Contractor. In case any Gass 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 comperwatlon 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 Pins St., Lodl, CA 96240. NOTE: The City reserves the right to obtain a full certified copy of any Insurance 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 21 of 2 pages 1 Risk: rev.08.2015 Attachment 2 Required Federal Forms Submittals 22 KAWPWR en*S iray Lore tirade Serration 11 RPP 1a21.154oc Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information Exmmrr 104 NOTICE TO PROPOSERS DBE INFORMATION The Agency has established a DBE goal for this Contract of _ ___.. % OR The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT • The term "Disadvantaged Business Enterprise' or "DBE" means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. • The term "Agreement" also means "Contract." • Agency also means the local entity entering into this contract with the Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant must ensure that DBEs and other small businesses have the opportunity to participate In the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION if there is a DBE goal on the contract, Exhibit N 0-01 Consultant Proposal DBE Commitment must be included in the Request for Proposal. in order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. if the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all I713E participation shall be collected and reported. Exhibit 10-02 Consultant Contract DBE Information must be included with the Request for Proposal, Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following: A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). LPP 13-01 Page 1 of 3 May 8,Z013 Local Assistance Procedures Manual EXHBIT 10-1 Notice to Proposers DBE Information B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: I . The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A 17131E joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct olenienit of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non -DBE subconsultants. 5. RESOURCES A. 'File CUCP database includes the certified DBEs from all certifying agencies participating In the CUCP. If you believe a firm is certified that cannot be located an the database, please contact the Caltrans Office of Certification toll free number I-8664;10-6346 for assistance. B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: http://www.dot.ca.gov/hq/bep/. 1. Click on the link in the left menu titled Disadvantaged Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Ouery Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow Instructions on the screen. 6. MATER1ALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. 13. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer Is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the LPP 13-01 Page 2 of 3 May 8,2013 Local Assistance Procedure Mamas' EXHBIT 10-1 Notice to Proposers DBE Information purchase and sale or least of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. if the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long-term lease agreement and not an ad hoc or Agreement -by -Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the Job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. LPP 13-01 Pap 3 of 3 May 8, 2013 Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Costs and Finaaeia! Management System EXHIBIT 10-K CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note; If requesting to utilize the Safe Harbor Indirect Cast Rate submit Attachment 1 of DLA -OB 13-07 - Safe Harbor Indirect Cost Rate for Consultant Contracts found al httpillwww.dat.ca.gots/hg/LocalPrograrnsIDLA_OBIDIA_OB.htm in lieu of this form.) Certification of Final Indirect Costa: Consultant Firm Name: __ Indirect Cost Rate: " for fiscal period - *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: Contract Number: Project Number: _ I, the undersigned, certify that 1 have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: 1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31. 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material transactions or events that have occurred affecting the firm's ownership, organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Management System: I, the undersigned, certify to the best of my knowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A&E Contracts: I, the undersigned, certify that the approximate dollar amount of all A&E contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $_ -. and the number of states In which the firm does business.is Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to n Government contract shall be: Page 1 of 2 LPP 15-01 January 14, 2815 Local Assistance Procedures Manual EXHIBIT 10-K Consultant Certification of Contract Coats and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cost Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract. 3. Not prohibited by 23 CFR, Chapter 1, Part 172 -- Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultants (If applicable) Proposed Contract Amount (or amount not to exceed if on-call contract): S Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if on-call contract): S Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): Consultant Certifying (Print Name and Title): Name: Title: Consultant Certification Signature **: Date of Certification (mrn/dd/yyyy): Consultant Contact Information: Email: Phone number: **An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.C. 112(b)(2)(B), Subconsultants must comply with the FAR Cast Princlplee contained in 48 CPR, Parr 31, 23 CFR Pan 172.3 Definitions staler Consultant means the indivirhraf or firm pravudng engineering and design related services as a parry to the contract. Therefore, subconsultants as parties ofa contract must complete a certification and serol originals to A&1 and keep copies in Local Agency Project Fifes. Dleiribuson: 1) Original to C ltnns Audits and investigations 2) Retained In Local Agency Project Piles Page 2of2 LPP 15-01 January 14, 2015 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DOE Commitment EXRIBIT 10-01 CONSULTANT PROPOSAL DBE COM IR MEAIT 1. Local Agency: -- _ -- — 2. Contract DBE Goal: 15°A " 3. Project Desrriplfon: 4. Project Location: —,- 8. Consultants Nome: 8. Prime CerMed DBE: ❑ 7. Description of Work. Service, or Materials Supplied 8. DBE Certification Number 9. DBE Contact Information Loral Agency to Complete this Section 17. Local Agency Contract Number: 18. Federal -Nd Project Number. 19. Proposed Contract Execution Date. --- Local Agency certifies that all DBE certifications are valld and Information on this form le complete and accurate. 20. Local Agency Representative's Signature 21, Date 22. Local Agency Representative '$ Name 23. ishone 24. Local Agency Representative% Titre 10, DBE % 11. TOTAL CLAMED DBE PARTICIPATION IWAPORTANT: Identify all DBE fires being claimed for credit, regardless of tier. Written contlrmation of each listed DBE Is required. 12. Preparer'a Signature 18. Date 14. Preparers Name 16. Preparers Tlde DISTRIBUTION: Original - Included with consutanV$ proposal to local agency, ADA Notice: For IrrdhAduala YAM sensory dbabM tIS$. ails document Is avertible In ellernals formal'. For Information eat (916) 0644410 ar TDD (916) 054- 3800 543800 or wells Records and Forms Management, 1129 N Street, M349, Sacramento, CA 05814. Page 1 of 2 July 23, 2015 Local Assistance Procedures Manual Exhibit 10-01 Consultant Proposal DBE Commitment INSTRUCTIONS — CONSULTANT PROPOSAL DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.). 4. Project Location - Enter tate project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. Sea LAPM Chapter 9 to determine how to count the participation of DBE firms. 8. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids arc opened. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, if the prime is a DBE. 10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count fill/partial participation. 11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. lithe total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 12. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 13. Date - Enter the date the DBE commitment form is signed by the consultant's preparer, 14. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form. 15. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 16. Preparer's Tide - Enter the position/title of the person signing the consultant's DBE conunitment form. LOCAL AGENCY SECTION 17. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 18. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 19. Proposed Contract Execution Date - Enter the proposed contract execution date. 20. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form Ls complete and accurate. 21. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 22. Local Agency Representative's Name - Enter the 'name of the Local Agency Representative certifying the consultant's DBE commitment form. 23. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 24. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2of2 July 23,2015 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Actinide EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACFIVPIIES PURSUANT TO 3I U.S.C. 1352 1. Type of Federal Action: ❑ a. contract b. grant c. cooperative agreement d. ban c. loan guarantee f. loan insurance 4. Name and Address of Reportlag Endty 2. Status of Federal Action: 3. Report Type: 0 a. bid/offer/application 0 a. initial b. initial award b. material change c. post -award ❑ Prime Subawadee Tier ,ifknown Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: le. None and Address of Lobby Entity (If individual, last name, first name, MI) For Material Change Only; year_ quarter date of last report 5. I(Reporting Entity he No. 4 Is Sabawardee, Enter Name sad Address of Prime: Congresslonel District, if known '1. Federal Program Name/Description: CFDA Number, If applicable ._ 9. Award Amount, if known: 11. Individuab Perforatlag Services including address [(different from No. 10a (If individual, last name, first name, MI) (attach Continuation Shect(s) ifnecesaary) 12. Amount of Paymeat (check aN that apply) 8 0 actual 0 planned 13. Form ofPayrnent (check all that apply): a. cash b. in-kind; specify: nature _ Vahue 14. Type of Payment (ebeek all that apply) a. retainer b. one-time fie c, commission d. contingent fee o deferred f other, specify 15. Brief Description of Services Perforated or to be performed and Date(s) of Service, including officer(s), employee(s), or member(a) contacted, for Payment Indicated In Item 11: 16. Continuation Shacks) attached: Yee 0 17. Information requested through this form Is authorized by Title 31 U S C Section 1352 This disclosure of lobbying reliance was placed by the tier above when his transection was made or entered into, This disclosure is required pursuant to 31 U S C, 1352 Tilts information will be rcperted to Congraat semiannually and will be available for public inspection Any wenn who fails to file the required disclosure shell be subject to a civiI pcnelty of not leas then 510,000 and not more than 5100,000 for each such failure Federal Use Only: No El (attach Continuation Shect(s) if necessary) Signature: Print Name: Title: Telephone No,; Date: Authorized for Local Reproduction Standard Form - LLL 5'n,:Jar 11`,xra LI.1, Rev 0i•2S.a6 DIttrlburloa: Orig. Local Agency Project Files LPP 13-01 Page 1 May 8, 2013 Local Assistance Procedures Manual EXHBIT 10-Q Disclosure of Lobbying Activities INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subavrardec or prime federal recipient at the initiation or receipt of covered federal action ora mataiai change to previous filing pursuant to title 31 1J,S.C. Section 1352. The filing of a form is required for such payntent or agreement to make payment to lobbying entity far influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of n Member of Congress In connection with a covered fcdcral action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identity the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification alibis report. If this is a follow-up report caused by a material changc to the information previously reported, enter the year dad quarter in which the change occurred. Enter the date of the last, previously submitted report by Ibis reporting entity for this covered federal action, 4. Enter the full ironic, address, city, stats, and 74 code of the repotting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it to or expects lu be a prime or subaward recipient. Identify the tier of thesubnwardce, c.e.. tlrc first subawardccofthe prime is the first tier. Subawards Include but are not limited to: subeentrmxs, subgranls, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the fill name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loam commitment, Include at least ane organization level below agency name, if known. For example. Department of Transportation, United States Coast Ouard. 7. Enter the federal program name or description for the covered federal action (item 1). if known, enter the firll Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans end loan cocnrnitments. 8. Enter the most appropriate federal identifying number evailnhlo for the federal action identifications In item 1 (e.g„ Request for Pmposal (RFP) number, Invitation for [Did ((P13) number, grant announcement number, the contract grant. or loan award number, the eppileation/proposal control number assigned by the federal agency). htatude prefixes, e.g., "RFP -DE -90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the lbderal amount of the awardlloan commitments for the prime entity identified in item 4 or 5. Ie. Eater the itrll name, address, city, state, and zip code of the lobbying entity engaged by the repotting entity identified in Item 4 to influence the covered federal action. 11. Enter the full names of the individual(s) performing services and include full address if ditTaant from 10 (a). Enter Last Nance, First Name and Middle Initial (MI). 12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether tl;c payment has been mole (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter die remulative amount of portent made or planned to be made. 13. Check all boxes that apply. If payment is made through en in-kind contribution, apathy the nature and value of the In-kind payment. 14. Check all boxes that apply. If other, specify nature. 15. Provide a specific and detailed description of the services that the lobbyist hos pet -fanned er will be expected to perform and the date(s) of any services rendered. include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) oremployee(e) contacted er the officce(s) emp!oyce(s) or Member(s) of Congress that were contacted. 16. Check whether or not a continuation shect(8) is attached. 17. The certifying official shall sign and date the (brat, and print his/her name title and telephone number. Politic reporting burden for this collection of information is estimated to average 30 -minutes per response, inducting time for reviewing instruction, searching existing date sources, gathering end maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction project (0346.0046). Washington, D.C. 20503. SP - LLL -instructions Rev. 06-04 LPP 13-01 Page 2 May8,2013 Local Assistance Procedures Manual EXHIBIT 10-U Consultant Management Cootltct of Interest Statement EXHIBIT 10-U CONSULTANT IN MANAGEMENT POSITION CONFLICT OF INTEREST AND CONFIDENTIALITY STATEMENT RFP/RFQ PROCUREMENT NUMBERS: PROJECT NAME: APPLICABILITY: Applicable to local agency consultants in management positions that exercise authority over the Architect & Engineering Selection Panel from which the lot& agency has or plans to have one or more consultant contracts containing Federal or State #finds. O I am en employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing tither Federal or State funds. O I am in a management position with the local agency, my title is listed below and I have attached my duty statement. ❑ The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I ani employed, comply with all Federal and State requirements. Also this contract has a specific beginning and ending date. ❑ I hereby certify as follows: 1. I will not directly or lndireotly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant. 2. I will not directly or indirectly influence any employee, staff member, or other individual participating In any consultant selection procurement process in which the consulting firm of which 1 am employed is as a consultant or subconsultant. 3. l will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which l am employed, regardless of whether the Involvement of my employer in the contract is as a consultant or subconsultant. Among other things, this includes my not being involved in managing the work; and not approving changes in the schedule, scope, deliverables or invoices. 4. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above. that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement. O 1 certify that I have read 49 CFR 18.36(bX3) below and 1 agree not to participate in selection, or in the award or administration of a contract supported by Federal or State funds if a conflict of interest, real or apparent, would be involved. Note: Caltrans is the Grantee and the local agency is the sub -grantee. LPP 13-01 Page l or May 8, 2013 Local Assistance Procedures Manual EXHIBIT 10-U Consultant Management Conflict of Interest Statement 49CFR 18.36(bx3) (3) Grantees and subgrnntees will maintain a written codes of standards of conduct governing the perfomhance of their employees engaged in the award imd administration of contracts. No employee, °Meer or agent ol'the grantee or subgrantee shall participate in selection, or In the awared or adminisirntion of a contract supporiod by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (I) The employee, office, or agent, (il) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, bas s financial or other interest in the firm selected lar award. The grantee's or subgran(ce's officers, ctnployecs or agents will neither solicit nor accept gratuities, favors ortvhything of monetary value from cunlractors, potential tx,ulturtars, or parties to subngicernenas. Granite and subgrente es may sot minimum Hales where the financial intcresa is nae substmdlei or Ilia gift is an unsolicited item of nominal intrinsic value, '1'o the extent permiued by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other diaciplinnry actions for violations of such standards by tho grantee's and suhgrauttcc's officers, employees, of mem, or by cnntruclors or'her agonLS. 11 a awarding agency mny in regulation provide additional prohibiaions relative to anal, apparent, or potential conflicts of interest. ❑ I filly understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain, ❑ I fully understand that any violation of the above could be a basis for ineligibility of reimbursement of State or Federal project fiords, Date: Signed: Ti*'-• Dept./Local Agency: REVIEW BY SUPERVISOR OF CONSULTANT IN MANAGEMENT POSITION I have reviewed the foregoing "Conflict of Interest and Confidentiality Statement" and will ensure: D that the foregoing named local agency consultant who is under contract and in a management position with our local agency, abides by the foregoing terms and conditions; ❑ that should the foregoing named local agency consultant, who is under contract and in a management position with our local agency, violate any of the foregoing terms and conditions, LPP 13-01 Page 2 of 3 May 1013 Local Assistance Procedures Manual EXHIBIT 1O -U Consultant Management Conflict of Interest Shtement the Caltrans DLAE will be notified and such violation will be considered a breach of ethics and could be a basis for ineligibility of State or Federal project funds. Date: Signed: Name: Title: Dept./Local Agency: Employer: REVIEWED/CONCURRENCE BY DISTRICT LOCAL ASSISTANCE ENGINEER I have reviewed the foregoing "Conflict of Interest and Confidentiality Statement" and Supervisor's statement. ❑ Based upon the foregoing, I concur that the consultant, who is under contract and in a management position with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for Federal and State reimbursement. ❑ Based upon the foregoing, I do not concur as I believe that the consultant, who is under contract and in a management position with the local agency, does appear to present a conflict of interest. ❑ The consultant's time is not considered eligible for either Federal or State reimbursement. ❑ The local agency is not considered eligible for either Federal or State reimbursement. Date: (DLAE) Signed: Name: Distribution; I) Copy to: DLAR for each Federal/Stele fbnded project 2) Copy 10 be monied to I.oce1 Agency by DLM3 with signature LPP 13-01 Page 3 of 3 May B, 2013 v DYES ONO_ If YES list DBE #: Age of Firm (Yta.) — Oh 141 to Ar t: , t ki ciO ?t''' . gal fq t i O 441 °J, 71 t 1 Deserlption of Portion of Work to be Performed • 1 I , j II a vs VVVVA c ❑ rI v) ■ E7svs f il 44 1J! V o V '■ .. VV DO g A Qg V CI rU < $S million VVA ❑[pp a V. uogRui 55> [� gg VVA Vs ❑ • !■ ■ 0 A. Firm Nand Address/ City. State. ZIP y N u ti N 1 a n. 8 E^ 6 8 8 1 E . N xi 1.lit z 0 z g kl 0 R e. 0, ia 4 N1 rn W D j a9 b N N /� 0u 1�1 P N g I 11 24 i1 aw .0 w J o N G d 11 le go ca h 0 I Ogm v o Annual Gross Receipts Description of Portion of Work to be Performed 1 j i • H V DOC • 1$ GO V ' C a 44 V no9P.m SUS> ❑ I rr „ A ❑ -0 i9 V 1 h V 0 D T iA1 V >3 h .w ' V J n — Fi1 A .--i W VVVVA 0 o V1 H 'g 0 in .-) to fri 'P V1 �0 <S1 million ] < ss million ❑ <SlO million 'i h .-. VI V E N A 13 IP w z CclU St Address City State ZIP 0 a a Local Assistance Proeedares Manual Exhibit 1S -H DBE Information - Good Faith Effort EXHIBIT 15-H DBE INFORMATION —Goon FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project No. Bld Opening Date _ The established a Disadvantaged Business Enterprise (DBE) goal of % for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following Items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation 0012-04 Page 15-1 June 29, 2012 Exhibit 15-H Local Assistance Procedures Manual DBE Information -Good Falik Effort C. The items of work which the bidder made available to DBE firms including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Perforans Item Items ($) Of (y/N) Contract D. The names, addresses and phone numbers of rejected DBE fines, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: Page 15-2 June 29, 2012 OB 12-04 Local Aset=tance Procedures Manual Eibibit 15-H DBE Infornadoa - Good FiIth Effort F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of A cn cy/Orga it i r at ion Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. OB 12-04 Page 15-3 June 29,2012 Attachment 3 Federal Forms Required upon Execution of Agreements 23 KAWPWROJECTIASTRERTS1HameyeradeSepuitiatertojecAllansey Leon tirade Separation Tl RPP IO-21-15.doo Local Assistance Procedures Mensal Exblbit 10-02 Consultant Contract DBE Commitment EXHIBIT 10-02 CONSULTANT CONTRACT DBE COMMTI MFNT 1. Local Agency: 2. Contract DBE Goat (5 3. Project Description: 4, Project Location: 5. Consultant's Name:8. Prime Certllled DBE: O 7. Total Contract Award Amount: 8. Total Dollar Amount forte Suboonsu'tants: 9. Total Number of Subconsultants: 10. Description of Work, Service, or Materials Supplied 11. DBE Certification Number 12. DBE Contact Information 13. DBE Dollar Amount Local Agency to Complete thb sectIon 211. l.ar;nl Agency Contract ahumh.r 21. Federal -Aid Project Number. 22. Contract Execut on f1arn• Local Agency certifier; that al DBE certifications are valid end Information on thla form Is complete and accurate. 23. Local Agency Reprosenlatlw'a Signature 24. Date 23. Local Agency Representative's NamePhotie 27. Local Agency Representative's Title $ 14. TOTAL CLAMED DBE PARTICIPATION 7L IIPORTANT: Identify en DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE Is required. 15. Preparers MIgneture 18. Dote 17. Preparers Neme 18. i'none 19. Preparers The DISTRIBUTION: 1. Original — Local Agency 2. Copy —Caltrans District Local Asstetanoe Engineer (OLAE). Failure to submit to OLAF within 30 days of contract execution may result In de•obllpatlon of federal funds on contract. ADA NoUea: For Indivkhuis nith toneary dirniatilas. this document Is available in sllernul. formats, For Infomneliar call (918) 0848110 or TDD (91e) 864- 9080 or write Records end Forma Farcagemeni, ! 120- N Street. MS -09, Seaamento, CA 96814. Page 1 of July 23, 2015 Local Assistance Procedures Manual Exhibit 10-02 Consultant Contract DBE Commitment INSTRUCTIONS — CONSULTANT CONTRACT DBE COMMITMENT CONSULTANT SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as It appears on the project advertisement. 3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 4. Project Location - Enter the project location as it appears on the project advertisement. 5. Consultant's Name - Enter the consultant's firm name. 6. Prime Certltled DBE - Check box if prime contractor is a certified DBE. 7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant. 8. Total Dollar Amount for ALL Subconsultants — Enter the total dollar amount for all subcontracted consultants. SUM = (DBEs •i• all Non -DBEs), Do not include the prime consultant Information in this count. 9. Total number of ALL subconsultants — Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBFs). 17o not include the prime consultant information in this count. 10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBC. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. Sec LAPM Chapter 9 to determine how to count the participation of DBE firms. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants. Also, enter the prime consultant's name and phone number, If the prime is a DBE. 13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 14. Total Claimed DBE Participation - S: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the totat % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (UFI) is required (sec Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name. 16, Date - Enter the date the DBI: commitment form is signed by the consultant's proparer. 17. Preparer's Name - Enter the name attic person preparing and signing the consultant's DBE commitment form. 18. Phone - Enter the urea code and phone number of the person signing the consultant's D131: commitment form. 19. Pt'epnrer's Title - Enter the position/title of the person signing the consultant's DBE commitment form. LOCAL AGENCY SECTION 20. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 21. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 22. Contract Execution Date - Enter the date the contract was executed. 21 Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate. 24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form. 26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form. 27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form. Page 2 of 2 July 23, 2015 2 1 1 w s, 111 1 Z r 1 ii 3 J l '. t 111 1 Z r 1 ii 3 J Local Assistance Procedures Manual Eibiblt 17-F Final Report -Utilisation of Disadvantaged Business Enterprises (DBE) and First -Tier Subcontractors INSTRUCTIONS — FINAL REPORT -UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS 1. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 2. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 3. Local Agency - Enter the name of the local or regional agency that is funding the contract. 4. Contract Completion Date - Enter the date the contract was completed. 5. Contractor/Consultant - Enter the contractor/consultant's firm name. 6. Business Address - Enter the contractor/consultant's business address. 7. Final Contract Amount - Enter the total final amount for the contract. 8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts. 9. Description of Work, Servicers, or Materials Supplied - Enter description of work, services, or materials provided. Indicate all work to be performed by DBEs including work performed by the prime contractor/consultant's own forces, if the prime is a DISE. If l40% of the item is not to be performed or furnished by the 013E, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms, 10. Company Name and Business Address - Enter the name, address, and phone number of all subcontracted contractors/consultants. Also, enter the prime contractor/consultant's name and phone number, if the prime is a DBE. 11. DBE Certification Number - Enter the DBE's Certification Identification Number. Leave blank if subcontractor is not a DBE. 12. Contract Payments - Enter the subcontracted dollar amount of the work performed or service provided. Include the prime contractor/consultant if the primc is a DBE. The Non -DBE column is used to enter the dollar value of work performed by firms that arc not certified DBE or for work after a DBE becomes decertified. 13. Date Work Completed - Enter the date the subcontractor/subconsultant's item work was completed. 14. Date of Final Payment - Enter the date when the prime contractor/consultant made the final payment to the subcontractor/subconsultant for the portion of work listed as being completed. 15. Original DBE Commitment Amount - Enter the "Total Claimed DBE Participation Dollars" from Exhibits 15-G or 10-02 for the contract. 16. Total - Enter the sum of the "Contract Payments" Non -DBE and DBE columns. 17. Contractor/Consultant Representative's Signature - The person completing the form on behalf of the contractor/consultant's firm must sign their name. 18. Contractor/Consultant Representative's Name - Enter the name of the person preparing and signing the form. 19. Phone - Enter the area code and telephone number of the person signing the form. 20. Date - Enter the date the form is signed by the contractor's preparer. 21. Local Agency Representative's Signature - A Local Agency Representative must sign their name to certify that the contracting records and on-site performance of the DBE(s) has been monitored, 22. Local Agency Representative's Name - Enter the name of the Local Agency Representative signing the form. 23. Phone - Enter the area code and telephone number of the person signing the form. 24. Date - Enter the date the form is signed by the Local Agency Representative. Page 2 of 2 July 23, 2015 i1 1 sr 1 1 1 1 1 Local Assistance Procedures Manual E=bibit 17-0 Disadvantaged Bushes Enterprises (DBE) Certification Statue Change INSTRUCTIONS —DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE 1. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 2. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 3. Local Agency - Enter the naive of the local or regional agency that is fund ing the contract, 4. Contract Completion Date - Enter the date the contract was coinpleted. 5. Contractor/Consultant - Enter the contractor/consultant's fine name. 6. Business Address - Enter the contractor/consultant's business address, 7. Final Contract Amount - Enter the total final amount for the contract. 8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors/consultants. 10. DBE Certification Number - Enter the DBE's Certification Identification Number. 11. Amount Paid While Certified - Enter the actual dollar value of the work performed by those subcontractors/subconsultants during the time period they are certified as a DBE. 12. Certification/Decertification Date (Letter Attached) - Enter either the date of the Decertification Letter sent out by the Office of Business and Economic Opportunity (OBEO) or the date of the Certification Certificate mailed out by OBEO. 13. Comments - If needed, provide any additional information in this section regarding any of the above certification status changes. 14. Contractor/Consultant Representative's Signature - The person completing the form on behalf of the contractor/consultant's firm must sign their name. 15. Contractor/Consultant Representative's Name - Enter the name of the person preparing and signing the form. 16. Phone - Enter the area code and telephone number of the person signing the fo 17. Date - Enter the date the form is signed by the contractor's preparer. 18. Local Agency Representative's Signature - A Local Agency Representative at the e contracting records and on-site performance of the DBE(s) has been mons 19. Local Agency Representative's Name - Enter the name of the Local Agency form. 20. Phone - Enter the area code and telephone number of the person signing the fo 21. Date - Enter the date the form is signed by the Local Agency Representative. m r. must sign their name to stored. Representative signing the rm. Page 2 of July 23,1015 Attachment 4 Specification Section 01400 Quality Control 24 xAWP1PR Lone Grade Separation TI BPP 10.21-15.doa Cit► of Lod DIAD! SRIAMTIOtt RARITY IRIS AT Um 01400 Quality Control SECTION 01400 - QUALITY CONTROL PART 1- GENERAL 1.01 DESCRIPTION A. This Seaton dabribea the requirements Dar quality control. 1.02 DUTIES AND RESPONSIBILITIES OF OWNER'S REPRESENTATIVE A. The Owner's Repreantetive and the (*mar have the right, but not the duty, to monitor and inspect all work perLsed by the Cada &r to ensure peefbrmance of the work to the Cataat Documents and Specifications. All work shall be subject to inspection and teat by the Owner's Repreeardadve and the Omar at all reasonable times and at all places prior to soceptanoe. Any such inspection and test la for the sole benefit of the Owner and atoll not relieve the Contractor of responsibility fhr prvvidiag quality control measures to assure that the work strictly complies with the contract scquk meta. No inspection or test by the Owner or Owner's Repreaenmrtiv►e shall be construed as constituting or implying at =optima. 1.03 CONTRACTOR'S DUTIES AND RESPONSMILITIES A. The Contractor is responsible kr the quality of the work parfryned under this Coot as well as the quint's of the material, equipment, and supplies throbbed by qualitp.annt of pour widths 30 tits after the Notice to Proceed ibr approval by the Owner. The plan will include but not be limited to pros xem d, delivery and installation of mow and equipmart. The plan will provide specific tests and perthrmanoe testing re quhemaatr ibr each urge ibr each subcontractor and the General Cour. Logs and forms for tracking an steps will be provided and will be signed by the hapeotora. B. The Contractor shall designate a Quality Cartrol Representative who will be on site at all times sultana the ruminative Contractor's work is iA progress raid will have the authority and respoaslblllty to aaaept ar'woad items afwork, The Contractor's Quality Control Representative may delayer his duties but the pdmary responsibility and anthodt► rests with the Contractor. C. The Contractor's Quality Control Rapreeant tive shall coordinate the eu6mtdal of all shop drawings, product date, and samples to the Owner's Representative. Any submittal that is a change to the Contract requirements shall be idend ied as such and transmitted to the Owrree s Representative. No work requiring submittal of a shop drawing product date. or sample shall be commenced until the submittal has bean reviewed and accepted by the Owner's Representative and the Engines: clgr tit odi 09V16113} Quelig' Castrol 01400 - 236 Chy of nodi GRAM 011ll•MA11on mow LAZE AT IIPRR 01400 Quality Caird D. The C.ontractor shall cooperate with an approved matteriel kinks laboralaty to perform testing of materials as required by the Contract Drawings and Specifications, or the Owner's Representative. The Contractor shall provide a two -working -clay notice when tesdng Inspection is required. The Contractor will request ell tests and inspections in accordance with the Speoificatinns and the Owners Representative fbr requesting tests and inapeotions. The Contractor will not contact the testing firms directly without going through the Owner's Ryrneetatalve. B. The C.ontractot<a Quality Control eve shall review his drawn►, procurement doeumcnts, and Contra to to ensure that the technical information provided arid alt work withstood U in eccordanoe with the latest revisions of the Contract t Drawings and Speolfication& F. The Contractor's Quality Contrl eve shalt perform an inspection upon roceipt at the site of all materials, equipment, and supplies. items which are damaged or not In oonfb mance with the respective submittals, quality standards, Contract Drawings and Specifications will be identified and segregated from aoccpted items. Items thus identified shall not be Incorporated into the work until corrective action acceptable to the Owner's Representative/Owner is completed. Items deaermined unsalvageable will be removed fiord the Joh site. O. The Contractor will list bilis a plan for all tet and electrical systems. The Nesting plan will include test and report forms far each type of applioatlon and will be approved by the Owner's Representative. Tho perfbrmanoe testing of the equipment and system will be documented and approved by the Ownnc?s Representative, Copies of the approved performance tests will be required tar project closeout as required by Section 01700 - Project Closeout - H. The Co+ntra:os'a Quality Control eve and aubaootraolws will attend a weakly Quality Control (QC) meeting. The Contractor will provide a list of current oontrolling activities for that week and bring an outlined specification section to the meeting noting areae applicable for hispaerlordtesting fir the croutr+olUng activities. All requests tiny testing will be provided fhr the mired we sad all notices of will be reviewed. The Contractor will provide copies of hie quality control Inspection repays each day. Format ease report will be approved by the Owner's Repensentertive. The Contractor will raandain a photo record of at lent rix locations plus sial area of interest each week. The photos will be provided to the Owne's Representative the ihIawl■g Monday ofeach weak. 1.04 INSPECTION AND TENTING aty ofLodi(Rolm!0W16115) Quality Cenral 01400.237 Clay of Lodi 01010EllEPMA71ON HART V MEAT 11PIR 01400Qedily Coact A. liupedlon Plan: The Contractor will use a lburyoiat biped= plan hr each separate Ibsen of Mark to be perfbnned under ibb Cootrao01.e., watt dMeribed by each notion ofthe technical provisions section ofthe Specifications. This plan consists ofths lblloariop: 1. Praperdory leopard= Prior to 000unesciep the wodc. the Contractor's Quality Coming Representative shall meet with the Dwarfs Repremegadve and daedctlae l611cyariap items as a minimum he ooatbrmsnoe: a. Approval of shop drawings and submittals. b. Approval of hoped= and teat reports ofmstedals end equipment ee be adlbmd. o. Campielion of previous opendon. d. Availabiliq► &materials and equipment required. e. Natilloation of Ownerh Representative, when applicable. f. Other preparatory a upon the sueliculer 8. Quay assurance. h. Salty orenviraamenW precautions to be observed. 2. initial lmpection: Upon oompldioa ora representative ample of a given *slum of wok , the Contractors Quality Control Representative shun meat with the Ownm'b Representative sod check the tbllowfkg items as a minimum lbrcostbnnaaaoe: a. Wodcmanailip to established goat., sl nder& b. Corgeadon to Contract Draw hilts and Specification. a CoastrecHon methods, equipment, and tools utilized. d. Materials and articles utilized. e. Adequacy oftesting methods. f. Adequarry*Mop drawings. g . Adequacy aid* or environments! precaution& City of Lott (Reviled OWt6n5) Qnalky Castrol 01400.232 c of Lodi GRADE eEPAtATION NAR IEY LANE AT 1111'1_ 0140001,1k Caging 3. Follow-up hispecticros: The Contractor's Quality Control of Repeasentetive shall inspect the work daily to assure time continuing conllannanoo of the work to the workmanship standards estrsblisbed daring the preparatory and initial tom. Follow-up inspections will be on a deny leant. If the Contractor has not complied with the lnspeotkon notification as to defbdive work, the Owner's Representative will haus a notice of 4. Carnpletian hopectio u Upon completion ofa gives tenure of the wont. the Ceetradaeti Qaaafity Control Representative dull moat with the Owner's Rive and City of Lodi Public Worsts inspector to peribrre an inspection of the onrnpkbed work. At beast 24 hours arnbe will be required fir Inspections. Nanoonfbrmiug WM shall be Identlfed and corrected prior to catimencemart elite next operation. B. Should the Connector WI to one weYrk In a Teasosable time, the Owner's Representative will Issue a Notice of Noncompliance. This Is a two-part notice/reply Harm. The Ovme's Rep ntative will specify the noncompliant item on Part Otte and the Contractor shall respond on Part Two, Indicating the fix 'once it has boas accomplished. The Cootraelor will enabled" a log of all notices of noncompliance which shall contain the fbilowing infbrmatlon: Nation number, description, specification section, date issued, date response from the Cerareatar, date corrected, number of days to correct and rematics. The Contractee will preeent six copiers of this log at the weekly meetings and shall keep it ourrud y► updated, Upon compliance with tate notice of noncompliance, the Owrw''s Representative will officially notify the C.ontrada. C. Operation and Check Out Testing: The Contractor 'ball provide perecond end equipment to perfbrm the operational tests and checkout of the equipment, fiJclinic's, or equipment constructed, fhbrlcated, or iastsjked under this Contract, The Owners Repeesentetive will coordinate and witness all auoh tests. Notification shall be given at Last two days in pavane of the scheduled tests. Refbr to requitement!' ft:r operating and maintenance data and training specified in Section 01330. D. Substantial and Final inspection. Tho Owner's Representative will ooardlneba all final inspections of the work. Request for finalizing pcetiona of the wont performed under this Contract shall be made to the Owner's Representative at least 13 days in advance of the inspection. Prior to requesting a substantial completion Inspection, all tests of the equipment and systems Ent training shall be completed. Rehr to Section 01700 fbr detailed requirements filar subctantlial completion and final amrpletion inspeatione For pliant crewcut. The Contractor will bo provided with a punch Iia# from the Owner indicting items over and above those shown on the Contractor's punch list. The Owner will only prvvtdc illy etLodl (Riving 09/16/15) Quake► Ceeiroi 01400 - 239 City &Lodi GRADE 011lMRAT10N HARVEY LANE AT UPNt 01400 gritty Control two hupeedons: absentia! oonpireioa and find completion. Others will be et the Corbramor's mune. The Owner will provide a handwritten punch list to the Connector. The Contractor will anter and maintain a computerised poach Est based on the Owner's puaoh list in a ftoamd approved by the Owner's Repreaaaddvc with one copy of the computerised lit within five wothting days upon receipt ofthe Owner's lint and update It on a weekly bade. The Contractor will at each weekly saaethrg during the closeout parted provide an mooed punch Wt 1ndloeting those items which have base completed and are reedy fir bapegion. The Contractor will meintsha sad lamp Ms Ilst currant mad provide a Dopy to the Owner's Representative eeclt week unfit ail hems are complete. Prior to the request fir substantial ovmpistiaa end t9ivgt 0[d the nib of the pgjeot. the Oxi raator will mikado a tonics and inspeotiea schedules. This schedule win be provided art each weekly meeting indlatingg the teats or impactions wrhich will be required during the Mowing weak. Based on this scheduler the Controller will provide the Required Request fbr Testing ibrms. 1.05 VERIFICATION OF UST REPORTS A. The Tasdag Laboratory will submit a verified report in duplicate covering all of the teat which aro required to be made duelers, the progress ante Project. Such apart shall be throbbed at leant quarterly sad each time that work on the Peden is suspended, cover* the leas up to that lime, sad at the oomplotlae of the Project: ooverieg all tests. 1.06 OWNER'S INSPECTOR A. An inspector employed by the Owner in accordance with the requirements ref eenced may be assigned to the work. B. The work of ooulruulicn to all stages of progress will be subject to the person]. ooatinuoos observation of the Impactor. He shat have Bee aooeas to any and all pasts of the work at any tine. Furnish the Inspector reasonable bonnie' ter obtaining such htlbrmalion es neoesssty to beep him nay tnfbneed, respecting the progress and mama of the wok and the ohmmeter of the mseerkk. laspect1on of the work shall not mlieve the Contractor *ora any obligation to fbhfin Ms contract. 1.07 SPECIFIC TSST S AND INSPECTIONS A. As required by code, as specified in individual sections and section 01410. END OF SECTION ce, of Lodi (Rn,trsd 09r16/1$ Quality Control 01400.240 Attachment 5 Specification Section 01410 Testing 25 KAWPWROJECTSSTOMSIlliaasyOndeggpintioneojectlimey Lame &ado Separation TI RFP 1021•15.doe MLoa E liErARATION HARNEY LANE AT UPRR 014!O SIRCTION 01410 - TESTING PART 1- GENERAL AL 1.01 DESCRIPTION: A. This Section summarizes which tests and inspections will be performed by the Contractor, and which will be performed by the Owner's Ropresentativice. The detailed tests and inspections required to be performed by the Contractor may be found in the Indivkk 1 Sections of these Specifications. 1.02 OWNER'S TES11NO AGENCY: A. For the purpose of meeting Arch` and City requ1rerneints, the OWNER will employ and pry for s ging agency, identified in the various Specifications Sections as "the "Testing Agcy". to perform toils, inspections, and sampling of the fbllowing wank after start of eonebnicdon: 1. Concrete Sampling and Testing 2. Soils sampling and compaction Testing 3. Asphalt Sampling, compaction and testing 4. CMU (Masonry) sampling and testing S. other as required B. The OWNER'. employment of the testing agency shall in no way relieve the Contractor of his obligations to perform the work in accordance with Contrast requkements Gree 1.05). C. The Owner will bad:cha go the Contractor firs costs incurred In the event the Contractor's poor quality control of any material requites excessive repeated testing by dna Owner's Testing Agency. 103 QUALITY ASSURANCE: A. Qualification of Testing Agents: Agencies, bureaus, or lahoramries shall be acceptable to the Architect and meet tiro requirements ASM B-329. Failure of Materials and Equipment Tested or Inspected; 1. The Contractor shall be charged for retesting and reinspection resulting from the Contractor's noncompliance with the Contract m evidenced by tests and inspections by the Owner's Testing Agency. 1.04 TESTING AGENCY'S DUTIES: A. Cooperate with Owner's Representative and the Contractor. Provide qualified pummel promptly upon notice. B. Perbsm required inspection, sampling and testing of meterisis and methods of construction. My of Lod (Revised 9/1.612015) Tmfrsg 01410 - 241 City of Lodi GRAM INIPARATIOW 11ARNEY LAZE AT MR 01410 Tabs 1. • Comply with specified standards, other recognized authorities ss specified. 2. Check for compliance with Contract Documents'. C. Promptly node/ the Owner's Rcpve and the Contractor of observed iritles or deficiencies in the work. D. Promptly submit reports to the &llowiog: 1. One (1) copy to the Owner's Representative. 2. One (1) copy to the City of Lodi Public Works Department. E. Reports shall include the dale issued and date of teat, project title and number, testing agency's mune and address, name and signature of Inspector. data of inspection or sampling, rxoRd of temperstu r+e and weather, identification of product and Specification Section, location in Project, type of inspection or test, r threads to applicsbk standards and codes, and obsevatioo regarding coompilanoe with Contact Documents. F. Pentam addidonal services as required by the Owner. G. The testing agency is not aatlwr zed to release, revoke, alter or enlarge on the requfamesnts ofthe Contract Documents, approve or accept any portion of the work, or padbrm any of the Contractor's duties. 1.05 CONTRACTOR'S . A. Initiate and coordinate tem and ipspeodons required by Contract Documaots and public authorities havingjurisdiction of the work. B. Notify the OWNER'S Tenting Agency through the Owner's Representative in sufficient time in advance so that the Laboratory may arrange for inspection or testing. C. When ebonies of construction schedule ate necessary during construction, coordinate all such changes with the Testing Agency as required. E. Provide access, facilities, tools, and labor neoessay lbr duties to be performed st the site by the Testing Agency and Inspeolor, including famishing ladders, hoisting, lighting, water supply and like services. F. Provide and maimmin, for the sole use of the Testing Agency, adequate hankies for the sato storage of materials. Chy of Lodi (Revised W16/2015) Tondos 01410 -242 Nriled 1DS SEPARATION HARNEY LANE AT UPRR 01410 Testis O. Furnish and deliver samples of metedals to be tested at no extra cbst to Owner, Test samples will be selected by the Inspector or Teeter Agency and not by the Contractor. EL Reports: 1. Have the Testing firm independently 6irnish copies of each test and invective report, signed and certified by the Testing Agency Supervising Engineer as follows: a. ()Meet Representative: two (2) copies. 2. Promptly process end distribute (within 48 hours) required copies oftest reports and related instructions to assure necessary retesting end replacement of rase: sale with the least posdble delay in progress ofthe work. 3. The reports shall include detailed infbrrnatlon relative to progress and (rendition of wade, including varianoea Sam the Convect Documents, and stipulating dates, hours, locations of the tests and inspections, as applicable. I. Records: 1. Maintain correct records on an appropriate Rem for all inspections and tests pertbrmed, Instructions received from the Owner or testing agency, and actions taken as a result of those instructions. 2. These records shall inetude evidence that the required Inspections or tests have been perfremed (including type and number of inspections or tests, nature of detbds, causes fbr rojecdon, etc.), proposed or dlreated remedial schen, and corrective notion taken. 3. Document inspections and tests u required by each Section ofthe Specifications. J. If laws, ordinances, rules, regulations, or orders of public agency having Jurisdiction require work to be inspected, tested or approved by some authority other than the Owner, or Contractor, the Contactor shall give required notices and male ammgements, deliver to the Owner the certificates of inspection, test, or sQ naval of much public agency, and pay costs therefore unless otherwise provided is the Contract Documents. K. Completed Worfc: Should the Owner require teats and inspections fbrwork completed beibre final acceptance of entire work, firmish neces.saxy► facilities. labor, and materials to uncover or remove work in question to extent necessary. 1. If such work is found delbottve due to Bruit of the Contractor, the Contractor shall defray expense of removal, test, and inspections, and ssda6sotory reconstruction. lime extension may not be granted. City condi (Revised W160015) Tens 01410 - 243 Clb' &Lodi GRADE SEPARATION HARIEY LAME AT UM 01414 Tend 2. If such work is found to oontbrnr with requirements of the Contract, the Contractor shall be reimbursed by the Owner for fbilit1es, labor and materials required for removal, and costs of satisfactory reconstrucrion In accordance with Contact amounts fir extra work. Reasonable time extension shall be granted. 1.06 TEST PROCEDURES: A. Tleating: 1. Testing Agency will perform tests according to methods) east specified hi these Specifications or required by currant rules and regulations. 2, Ifno procedure or tett method is specified, tearing shall confirm to material specification references unless otherwise directed by the Owner. 3. The Testing Agency will tag. seal, label, record, or otherwise suitably identify the materials for tenting. No materials shall be used in the work until the test reports are submitted and approved, excepting only the materials specified to be placed or installed prior to testing. B. Retesting: 1. Repeat applicable tests at specified intervals, when: a. The sauce of supply ts b. The cheracteristics of the materials change or vary. o. Unsetictory text results ane received. 2. Quantity and =lure of additional testing, if required, will be determined by the Omer. 3. Additional tests shall be taloen in the presence of the Owner's Engineer. 4. Proof ofnon-compliance will make the Contractor liable fir any corrective action which the Owner fdels Is prudent, including complete removal and replacement of delbotive materiels. 5. Nothing contained herein is intended to Imply that the Contractor does not have the right to have tests performed on nny material at any time for his own information and Job control so long as the Owner does not assume responsibility fir costs or for giving them consideration when appraising quality of materials. 1.07 NOT USED sty (nod (Revired 9/16/2013) Tasdog 01410-244 a &Lodi GOADEISP_IAM►flON HARNIMLANEATirennt 01410 Tasdrg 1.08 CODE COMPLIANCE TESTING: A. Impactions and tests required by codes or ordinances, or by plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be baclooiarged to the Contractor. 1.09 CONTRACTOR'S CONVENi8NCE TESTING: A. Inspection and testing performed exclusively for the Contractor's convenience shall be the sole responsibility ofths Contactor. PART 2 - PRODUCTS: Not used. PART 3 -EXECUTION: Not used. Forms: Inspection Request Form END OF =nom aty ofLadi (Revised 9116f2015) Touting 01410-245 Attachment 6 Request For Testing Services Form 26 LAWPWROIRCTSISTIU31313111aneyilideScgorpticAPiqjecOliamoy Lane Onide sepud+oo TI RFP 10-21-15.aoa CITY OF LODI REQUEST AND APPROVAL FOR TESTING/INSPECTION SERVICES PROJECT: GRADE SEPARATION HARNEY LANE AT UPRR TESTING/INSPECTION AGENCY: CONTRACTOR: REQUESTED BY: DATE: SPEC. REF: DWG. REF: Federal Project # STPL -5154 (040) ITEM TYPE OF TEST/INSPECTION LOCATION, TIME & DATE RESULTS 1. 2. 3. 4. I have personally checked for compliance with contract documents and certify this to be ready for inspection: Signature Date: Cointractor Representative TEST/INSPECTIONS PERFORMED BY: Signature Date: Testing/inspection Agency Representative COMMENTS: CITY AUTHORIZATION: TOTAL HOURS (City Use only) Attachment 7 Detail Breakdown (Billing Report) 1 Exhibit B C i 1 U Ea al il1 it g 8 Deusity (Curve) Cal 216 25 g8 8 CTM 202 Sieve Analysis 1 10 I CTM 217 Sand Equivalent 10 o 1 1fl 1 CTM 301 R Value 5 CTM 382 Asphalt Content Ignition Oven 10 CTM 309 Max. Specific Gravity HMA Mix 10 CTM 308 Max. Specific Gravity of Compacted Km 10 v, 2 CTM 375 Asphalt Compaction Testing—Field Coring I 40 1 Cast -In -Place Concrete I g A I Cement Sampling - ASTM C 183 1 5 CTM 521 Compressive Strength Concrete Specwmen 80 sets Teasile/Bend Test - ASTM 615-90 1 40 g8 Drilled Dowel Testing (AASHTO T- 237) 40 Concrete Placement Inspection including CTM 539, 540, 504, 518, 543, 556 and 557 as required 400 if 41 I I °I• I01H i raill I° 1i' pi il [gill .3 L i N Total Current Billing Due • La 11 I E.m al ., 0 EalSet LTi V O. 4§8 Pick Up and Delivery (separate trips may) 40 Mortar Testing - UBC Std. 21-16 1 25 N cn Tensile/Bend Test ASTM 615-90 10 200 , CMU Block or Brick Testing 1 4 v g§ N p O pep p §O NOT USED J _ 1 Professional Services 1 - - N p 00 111111 I ULA i RH c-4 1 0 (la t �, 4-.l>w1$ t J§' , 1 ial Isa. g ii iz, 3 : � 0 '' M at h %0 3 it h O 1 1 8 1 e- PART B REOUEST FOR PROPOSAL PRICING FORM Proposals are due no later than 5:00 p.m. on: November 20, 2015 Location: City of Lodi Public Works Department Attn: Gary R. Wintan, Construction Project Manager 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Proposer: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, insurance, and incidentals necessary to provide quality assurance testing and inspecting services pertaining to the Grade Separation Harney Lane at UPRR Overhead Project in accordance with the terms and conditions of the Request for Proposal on file at the City of Lodi, Public Works Department. Proposer declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that the undersigned will contract with the City of Lodi to provide these services in the manner and time prescribed; and that the undersigned will take in full payment therefore an amount based on the unit prices specified herein below for the various services, the total value of said services for the not -to -exceed sum of 5' 14 { L210.0 D Dollars. It is understood and agreed that the quantities of services under each item are approximate, being given as a basis of comparison of proposals, and the right is reserved by die City to increase or decrease the amount of work under any itern as may be required by the City, in accordance with this agreement. It is further understood and agreed that the total amount of money set forth for each item of work, or as the total amount proposed for the project, docs not constitute an agreement to pay a lump sum for these services. The quantities may be increased or decreased depending on the job requirements. IMPORTANT NOTICE If the proposer is a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. If a co -partnership, state true name of firm. If an individual, state first and last name in full. Firm Name: �P.I (1048 By: Dated: t It 1 lA_.1) 5- 11 K:lWP1PROJEC SISTREEfS1HameyGradeSeperaU°n1Projec6Harney Lane Grade Separation TI RFP 10-21-15.doc Item Description 1 Soli/Asphalt Engineering Fill Observation Density (Curve) Cal 216 Soil Compaction Testing -Nuclear Gauge Fooling Verification Inspection Road SubgradelAgg Base Compaction Testing CTM 202 Sieve Analysis CTM 217 San Equivalent CTM 229 Aggregate Durability CTM 301 R Value CTM 382 Asphalt Content Ignition Oven CTM 309 Max Specific Gravity HMA Mix CTM 308 Max Specific Gravity of Compacted Mix HMA Mix Design Review Asphalt Compaction Testing - Nuclear Gauge CTM 375 Asphalt Compaction Testing - Field Coring CitY 800 25 800 100 Unit 100 10 10 10 5 10 10 10 5 80 40 Hr. Ea Hr. Hr. Hr. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Ea. Hr. Hr. lrerracon Field Unit Price $ 120.00 $ 120.00 $ 130.00 $ 120.00 $ 120.00 $ 165.00 Lab Unit Total Cost Price $ 200.00 $ 75.00 $ 120.00 $ 160.00 $ 270.00 $ 160.00 $ 165.00 $ 50.00 $ 250.00 Subtotal $ 96,000.00 $ 5,000.00 $ 96,000.00 $ 13,000.00 $ 12,000.00 $ 750.00 $ 1,200.00 $ 1,600.00 $ 1,350.00 $ 1,600.00 $ 1,650.00 $ 500.00 $ 1,250.00 $ 9,600.00 $ 6,600.00 $ 248,100.00 Item 2 Description Cast-in-Place•Concrete Qty Unit lierracon Field Unit Price Mix Design Review - ACI 301 5 Cement Sampling - ASTM C 183 CTM 521 Compressive Strength Concrete Specimen Tensile/Bend Test - ASTM 615-90 Elongation and YieldlTensile Strength Reinforcement Placement Inspection 5 80 sets 40 40 Ea. Ea. Lab Unit Price Total Cost 4 cyl. Ea. Ea. $ 200.00 $ 200.00 $ 112.00 $ 145.00 $ 20.00 $ 1,000.00 $ 1,000.00 $ 8,960.00 $ 5,800.00 $ 800.00 Drilled Dowel Testing (AASHTO T-237) Concrete Placement Inspection including: CTM 539,540,504,518,543,556,and 557 as required. Concrete Core Testing - ASTM C42 (Including coring) Drilled in Anchor Testing Post Tension Cable Placement Post Tensioning Inspection Pickup and Delivery of Samples (separate trips only) 300 40 400 10 40 200 60 40 Hr. Hr. Hr. Ea. Hr. Hr. Hr. Ea./set $ 130.00 $ 130.00 $ 130.00 $ 130.00 $ 130,00 $ 130.00 $ 5.00 $ 120.00 Subtotal $ 39,000.00 $ 5,200.00 $ 52,000.00 $ 1,200.00 $ 5,200.00 $ 26,000.00 $ 7,800.00 $ 200.00 $ 154,160.00 Item 3 Masonry Description Qty Unit Mortar Testing - UBC STd. 21-16 Grout Testing UBC Std, 21-28 Mix Design Review/Report Tensile Bend Test ASTM 615-90 Masonry Placement Inspection, UBC 1701.5, 7.2 CMU Block or Brick Testing Item 4 Item 5 Prisms - UBC Std. 21-17 Description 25 25 3 10 200 4 4 Set Set Ea. Ea. Hr. Set of 4 Ea. Qty Unit Structural Steel Shop Visual Welding Field Visual Welding 200 Field Unit Price Hr. $ 130.00 FIeId Unit Price $ 105.00 lrerracon Lab Unit Price $ 84.00 $ 84.00 $ 200.00 $ 165.00 $ 740.00 $ 185.00 Subtotal Lab Unit Price Total Cost $ 2,100.00 $ 2,100.00 $ 600.00 $ 1,650.00 $ 26,000.00 $ 2,960.00 $ 740.00 $ 36,150.00 Total Cost Shop Fabrication Inspection Field Bolting (Torque) Inspection w! Reports Metal Deck Welding Ultrasonic Testing NOT USED Description 200 200 100 80 100 QtY Hr. Hr. lir. Hr. Hr. Unit $ 130.00 $ 105,00 $ 130.00 $ 130.00 $ 130.00 Field Unit Price Subtotal Lab Unit Price $ 21,000.00 $ 26,000.00 $ 21,000.00 $ 13,000.00 $ 10,400.00 $ 13,000.00 $ 104,400.00 Total Cost lrerracon Item Description Qty Unit Field Unit Price Lab Unit Price Total Cost 6 Professional Services Senior Staff Engineer 20 Hr, $ 145.00 $ 2,900.00 Field Technician 100 Hr. $ 120.00 $ 12,000.00 Lab Technician 80 Hr, $ 95.00 $ 7,600.00 Subtotal $ 22,500.00 Item Description Qty Unit Field Unit Price Lab Unit Price Total Cost 7 Miscellaneous Premium Dif!, For OT 100 Hr. $ 40.00 $ 4,000.00 Out -of -Town Inspection (beyond 50 miles) 40 Hr. $ 90.00 $ 3,600.00 Mileage (beyond 50 miles) 500 Mile $ 0.70 $ 350.00 Subsistenance (beyond 50 miles) 10 Day $ 135.00 $ 1,350.00 Subtotal $ 9,300.00 Grand Total $ 574,610.00 Terracon 4 February 2016 Proposal Number: PNA150413 Mr. Gary Wiman Construction Project Manager City of Lodi 221 W. Pine Street Lodi, CA 95240 Re: Proposal to Provide Construction Materials Testing and Inspection Services Dear Mr, Wiman: Terracon Is pleased to submit a proposal to provide materials testing and inspection services for the Grade Separation Hamey Lane at UPRR Overhead project located in Lodi, California. We have extensive experience providing constriction materials testing and Inspection services. Terracon has offices based in Lodi, Sacramento, and Concord, California, and provides a wide range of engineering services including geotechnical, materials, foundation and structural engineering, geophysical exploration, environmental and geosciences, forensic investigations, pool engineering, and aquatic design. We continue to view our company as a vital and growing consulting firm of engineers and scientists, providing multiple related service lines to clients at local, regional, and national levels. NI of our services are delivered on a timely basis with high value and attention to client needs. Benefits to working with Terracon include: • Responsiveness: Acting quickly to meet your deadlines, our employee owners are always available to you. With convenient locations across the country, we're able to quickly mobilize a workforce to respond to accelerated schedules and your changing needs. • Resourcefulness: Applying new processes, methodologies, and techniques allows us to take a proactive approach to solving project challenges and delver your projects better and faster. Willi our nationwide network of offices, we can initiate services easily on one or multiple projects simultaneously. • Reliability: With vast experience working In local conditions, Terracon Is a dependable partner throughout the life of your project. We delver practical and constructible solutions, while avoiding delays, surprises, and costly mistakes down the road. We we confident that Terracon MI 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 trnsotiess@terracon.com. Thank you for your lime and consideration. Sincerely, Terracon, Troy M. Schloss, PE 71404 Materials Department Manager Terracon 902 Industrial Way Lodi, CA 95240 Main (209) 387-3701 Fax (209) 333-8303 Dispatch (209) 283-0600 terracon,com Environniontal • Fat:iliti00 • Gu!r.1101 1 • fJlalerial� Environmental ■ Facilities • Geotechnical ■ Material■ Pool Engineering Project Name: Grade Separation Harney Lane at UPRR Overhead Proposal No. PNA150413 Service Rate Sallal PadLe rojed Inspedor — Regular Time (8hr shift) - - $1080/shift Lead Project Inspector - Overtime $164/hour Lead Projed Inspector—Double-#ime $195/hour Group 2 Buikitng/Construdlon Inspector— Regular Time (8hr shift) $1030/shlft $160/hour Building/Construction Inspector —Overtime Building/Construction Inspector — Double-time $192lhour Group 3 inspectorfTechrEdan -- Regtfar Time (8hr shift) $910/shift inspector/Technician— Overtime - $137/hour Inspector/Technician — Double-time $161/hour Additional services requested beyond what is outlined in the above proposal will be invoiced per our attached fee schedule. Time shall be Wiled from portal to portal. Weekends and holidays will be charged in 4 and / hour increments. Overtime and doublet -time, if any, will be applied per the Califomia Labor Law Prevailing Wage Requirement: Publk works contract provisions require the Contractor and its subcontractors to pay all workers employed on the project no less than the specified general prevailing wage rates for the work classification in which they are pedovming. Terracon 902 Industrial Way Lodl, CA 95240 Main (209) 367-3701 Fax (209) 333-8303 Dispatch (209) 263-0600 terracon,com Environmental • facilities ■ Geole h ical • Materials lTerracon 159 2016 Schedule of Services and Fees Environmental, Geotechnical, Stnuiural, Pool Engineering, Aquatic Design, and Materials Services ENGINEERING SERVICES Senior Principal Engineer 250.00/hr Prindpal Engineer/Geologist 225.00/hr Associate Engineer/Geologist 190.00/hr Senior Engineer / Geologist / Sdentist 175.00/hr Project Engineer / Geologist/ Scientist 165.00/hr Staff Engineer / Geologist / Scientist 135.00/hr Expert Consulting 275.00/hr Expert Testimony 495.00/hr Asphalt Concrete Consulting 145.00/hr ICC Inspector (Reinforcing Steel, Masonry, Concrete, Structural Steel, Post Tension, Fireproofing) 85.00/hr AC/Soils Inspector with Nuclear Gauge 89.00/hr Certified Field/Shop Welding Inspector (AWS/CWI) 105.00/hr DSA Masonry Inspector 105.00/hr CAD Designer 100.00/hr CAD Drafter 88.00/hr Accountant 95.00/hr Administrative Assistant 65.00/hr HOT MIX ASPHALT (HMA) SERVICES HMA Placement Inspector HMA Density Process Control HMA Density Cores HMA Data Cores HMA Production Inspecor HMA Design Review Lead Project Inspector Building/Construction Project Inspector Caltrans Certified Laboratory Technidan CTM125 Sample Hwy Material Quality Control Manager Quality Control Plan EXPLORATION GEOPHYSICAL Seismic Refraction 1D -3D, Seismic Source DAQlink III, 24 Channel Acquisition System, 2 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 (Tradc mounted rigs, 2 -person crew) Drilling/Sampling (Simco 2400 and Mobile B24 trudc mounted, Minute Man, 2 person aew) Drilling/Sampling (CME75 Auger) Drilling/Sampling (CME75 Mud Rotary w/desander) Drilling and Sampling (CME75 Rode Coring) Borehole Grouting Responsive 0 Resourceful 0 Reliable man crew 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 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 Request Quote 285.00/hr Page 1 of 6 902 Industrial Way Lodi, CA 95240 • 50 Goldentand lit #100 Sacramento, CA 95834 ♦ 5075 Commerdal arcle Unit E Concord, CA 94520 lrerracon 1 50 2016 Schedule of Services and Fees (Continued) 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/Trailer (Quote will be elven 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-ionizatlon 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/pant Consolidated - Drained 185.00/point Tria;dal Compression Test Unconsolidated Undrained Trlax D2850 185.00/pant Consolidated Undrained Triax D4767 Request Quote Consolidated - Drained Request Quote Consolidated - Undrained with Pore Pressure Measurements Request Quote Consolldadon 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 tiOT MIX ASPHALT (HMAA Job Mix Formula (Reduced Rate for Multiple JMF's) Request Quote CTM 202 Sieve Course Agg 60.00/ea CTM 202 Sieve Ane Agg 75.00/ea CTM 202 Sieve Ignition Sample 140.00/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 CTM 206 Bulk SpG &Absor Coarse Agg 70.00/ea CTM 207 Bulk SpG (SDD) Fine Agg 90.00/ea CTM 211 LA Rattler Request Quote CTM 214 Sodium Sulfate Soundness (per Sieve) 150.00/ea CTM 217 Sand Equivalent 140.00/ea CTM 226 Moisture Content of Aggregates by oven drying 40.00/ea Responsive D Resourceful D Reliable Page 2 of 6 902 Industrial Way Lodl, CA 95240 1 50 Goldenland Ct #100 Sacramento, CA 95834 ♦ 5075 Commercial arde Unit E Concord, CA 49520 lrerracon I 5 2016 Schedule of Services and Fees (Continued) CM 227 Cleanness Coarse Agg CTM 229 Durability Index CM 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 Conten'. CTM 382 Ignition Furnace 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 Volumebfcs (VMA, VFA, DP) Calculations Report LP -10 Sampling and Testing CRM ASTM D2974 Organic Matter ASTM 05334 Thermal Resistivity MARSHALL MIX 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 02041, D2172 Max. Specific Gravity of Bituminous Mbc. 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 Specific Gravity, Fine C127 Specific Gravity, Coarse C535 Los Angeles Rattier Test (500 revolutions) CTM 227 Cleanness Value, Coarse Aggregate CTM 229 Durability Index: line & Coarse Aggregate C142 Percent Friable Particles Cal Trans Class II Aggregate Base Conformance Test (R -Value, Gradation, SE, Durability) MILS Atterberg Limit D4318 Permeability Falling Head Spedfic Gravity Determination ASTM D854 C136 Sieve Analysis Fine C136 Sieve Analysis Course Wash 200 D1140 Hydrometer ASTM D422 Responsive D Resourceful 0 Reliable 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 3of6 902 Industrial Way Lodi, CA 95240 ♦ 50 Goldenland Ct #100 Sacramento, CA 95834 • 5075 Commerdal Circle Unit E Concord, CA 94520 lTerracon 2016 Schedule of Services and Fees (Continued) Laboratory Maximum Dry Density/Optimum Moisture Content Determination 4" mold AASHTO T99, ASTM D698 235.00/ea 6" mold AASHTO T99, ASTM D698 245.00/ea 4" mold AASHTO T180, ASTM D1557 235.00/ea 6" mold AASHTO T180, ASTM D1557 245.00/ea CTM 216 Relative Compaction, Untreated and Treated Soils 220.00/ea CTM 301 R -Value Untreated Samples 325.00/ea CTM 301 R -Value Treated Samples 325.00/ea pH Test 60.00/ea pH -Lime Determination Test 175.00/ea Resistivity and pH Test CTM 643 200.00/ea Swell Test (Expansion Index) ASTM D4829 215.00/ea CTM 373 Unconfined Compressive Ume treated Specimen 300.00/ea Compressive Strength Cement 300.00/ea Compressive Strength Ume 300.00/ea Percent Lime/Cement Design, based on compressive strength (Includes R -value, pH Ume Determination and Unconfined Compressive Strength) 1600.00/ea Unconfined Compression Test ASTM D2166 120.00/ea MASMILUIRICUILMISMLE Compression Tests on Core Specimens (Includes prep) ASTM C42 75.00/ea Shear Tests Masonry Core 145.00/ea Compression Tests: (Same price for untested "hold" specimens) Compression Test Grout Molds 28.00/ea Compression Test Mortar Cylinder 28.00% Compression 2"x4" Cylinder Molds 15.00/ea Compression Masonry Prism (2 -block, mortared & grouted) 185.00/ea Concrete Masonry Unit: (Same price for untested "hold" spedmens) Compression Test Masonry Unit 8"x8'516" 185.00/ea Masonry Absorption Tests ASTM C140 105.00/ea Masonry Shrinkage (Volume Change) 185.00/ea Masonry Lineal Shrinkage with Absorption 260.00/ea Masonry Shrinkage with Absorption and Compression 420.00/ea CONCRETE 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 Request Quote Floor Flatness Testing 135.00/hr Floor Flatness Report 450.00/ea Unit Weight Fireproofing 50.00/ea Compression Test Conarete Cylinders (same price for untested "hold" specimens) 28.00/ea Flexural Strength, Concrete Beams, 6'x6'524 ASTM C78 125.00/ea Cylinder Molds (6"x12") 7.00/ea Cement Content of Hardened Portland Cement Concrete ASTM C85 Request Quote Shrink Bar Testing (3 bars per set) ASTM C157 420.00/set Compression Tests on Core Specimens (indudes prep) ASTM C42 75.00/ea Calcium Chloride Moisture Test Kit (Includes calculations) 80.00/ea Responsive 0 Resourceful CI Reliable Page 4 of 6 902 Industrial Way Lodi, CA 95240 • 50 Goldenland Ct #100 Sacramento, CA 95934 ♦ 5075 Commercial Circle Unit E Concord, CA 94520 lrerracon 2016 Schedule of Services and Fees (Continued) STEEL AWS/ASTM/ASME/ANSI/API Structural Steel Tensile & Bend Tests: Reinforcement Steel Tensile & Bend <5 Reinforcement Steel Tensile & Bend 6 to 9 Reinforcement Steel No. 10 and larger High-strength Bolt, Nut & Washer Testing Rockwell Hardness Test HSB Torque Wrench Calibration Welder Qualification and Weld Procedure Qualifications: Weld Procedure Qualifications Welder Qualification Plate Groove Weld- 1G, 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 WPSTest 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 reinforoemerrt locating only, other uses refer to Geophysical services) Pachometer STANDARD POOL ENGINEERING SERVICES The fees quoted include response to plan check. Remodel Man [Engineer site visit may be required] Remodel Pool Plan (typical In -ground) [Engineer excavation Inspedion required] Residential Pool Plan (drilled piers) [Geotedmical Investigation report required] Commercial Ptd Plan (typical In -ground) [Geotechnical Investigation report required] Commercial Pool Plan (drilled pier) [Geotedinlcal 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/Trellis Design Forensic Site Visit Full Service Aquatic Design Epoxy Injection Responsive D Resourceful 0 Reliable 135.00/ea 165.00/ea 205.00/ea, plus machining cost +20% 350.00/set 70.00/ea 320.00/ea 750.00/ea 130.00/ea 225.00/ea 75.00/ea 95.00/ea 65.00/ea 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 4.00.00/m in 500.00/min 500.00/min 200.00/ea 20.00/ea 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 Page5of6 902 Industrial Way Lodl, CA 95240 ♦ 50 Goldenland Ct #100 Sacramento, CA 95834 • 5075 Commerdal Circle Unit E Concord, CA 94520 lrerracon 2016 Schedule of Services and Fees (Continued) MISCELLANEOUS Automobile Mileage Subsistence and Lodging Equipment Rental Field Report Preparation Pad Certification Report Final Letter (Testing/Inspections) Additional Copy of Report (wet -signed) Miscellaneous Item Charge Air & Ground Transportation CAD — Prints Responsive 0 Resourceful 0 Reliable 0.90/mile cost + 20% cost + 20% 50.00/each 150.00/each 200.00/each 50.00/each Cost +20%/each Cost +20%/each 10.00/sheet Page 6 of 6 902 Industrial Way Lodl, CA 95240 • 50 Goldenland Ct #100 Sacramento, CA 95834 ♦ 5075 Commerdal Clyde Unit E Concord, CA 94520 'Exhibit C Insurance Reaulrements for Consultant 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 Balms 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: 1. 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 (1) 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 (Califomia 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 Narned Insured Endorsement Pursuant to a separate endorsement (ISO foram 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 CO 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 certiflcate must state, on its face or as an endorsement, a description of the prolect that it is insuring. (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodl, Its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) Lin - of Coveraae 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 I Risk: rev.08.2015 (e) 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. (f) I44tioe of C ncellatien or ChAnae}n Coverage f.gdoiSeleent 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. (g) Continuity of Coverage All policies shall be in affect on or before the first day of the Term of thls 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. (h) Failure to Comolv If Contractor fails or refuses to obtain and maintain the required insurance, or falls 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 Califomia. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount pald, the names) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and Interest on the first (1°) day of the month following the City's notice. Notwithstanding and other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or falls 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. (i) Qualified Insurer(sl All Insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of Califomia 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 Comoeneation 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 prosect 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 protect 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 reserves the right to obtain a full certified copy of any Insurance 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 ---I Risk: rev.08.2015 RESOLUTION NO. 2017-131 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., OF LODI, FOR CONSTRUCTION TESTING AND INSPECTION SERVICES FOR GRADE SEPARATION HARNEY LANE AT UNION PACIFIC RAILROAD OVERHEAD PROJECT WHEREAS, on March 2, 2016, Council adopted Resolution No 2016-27 authorizing the City Manager to execute a Professional Services Agreement with Terracon Consultants, Inc., for construction testing and inspection services, which are billed on a time -and -materials basis; and WHEREAS, construction testing and inspection services are necessary to assure the Targe, concrete and steel overhead structures are constructed properly; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Terracon Consultants, Inc., of Lodi, for construction testing and inspection services for Grade Separation Harney Lane at Union Pacific Railroad Overhead Project, in the amount of $200,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Terracon Consultants, Inc., of Lodi, California, for construction testing and inspection services for Grade Separation Harney Lane at Union Pacific Railroad Overhead Project, in the amount of $200,000. Dated: July 19, 2017 I hereby certify that Resolution No. 2017-131 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 19, 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 NNIF City Clerk 2017-131 M FERRAIOLO CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI Terracon Consultants, Inc 902 Industrial Way Lodi, CA 95240 Attn: Troy M. Schiess 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 www.lodi_pov July 14, 2017 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney CHARLES E. SWIMLEY, JR. Public Works Director SUBJECT: Adopt Resolution Authorizing City Manager to Execute Amendment No. 1 to Professional Services Agreement with Terracon Consultants, Inc., of Lodi, for Construction Testing and Inspection Services for Grade Separation Harney Lane at Union Pacific Railroad Overhead Project ($200,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, July 19, 2017. 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 Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Gary Wiman at (209) 333- 6706. Cha es E. Swimley, Jr. a Public Works Director CES/tdb Enclosure cc: City Clerk