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RES 2011-0192 - Agmt with Thiele Geotech Inc for street resurfacing nad rehabilitation projects a i��yAAHA,NFd ' `� ,� � oraivr Public Works Department 6� V ( Omaha/Douglas Civic Center � �• ,� 1819 Farnam Street,Suite 601 March 29, 2011 � ,ti Omaha,Nebraska 68183-0601 (402)444-5220 4-kb FEDI, CITY CLERK Fax(402)444-5248 City of Omaha M' �'o A, U R .SKr a Robert G.Stubbe,P.E. Jim Suttle,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution approving a Material Engineering & Testing Services Agreement with Thiele Geotech, Inc. for asphalt material testing, inspection, and project management services for street resurfacing and rehabilitation projects from January 31, 2011 to December 31, 2011. The scope of work and costs are detailed in Exhibit "C", "D" and "E" of the Agreement. The services will be used as needed for street resurfacing projects in 2011. The maximum to be paid under this contract is $250,000. All costs under this contract will be paid from the City Street Maintenance Fund 12129, Residential Street Rehab Organization 116161, year 2011 expenditure. Thiele Geotech, Inc. has filed the required Annual Contract Compliance Report, Form, CC-1, in the Human Rights and Relations Department. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: 6 _;oLe,p>,,acD 1211iI wan, R bert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: 6374•4-11 - Iii?jawaiaL Ix /11 .. Pam Spaccarotella Date Human Rights and Relations Date Finance Director Department 1126htp . •ty Clerk 346/ Approved... /ffas Mayor Absorption and Specific Gravity of Aggregate(ea.) 2.0 80.00 160.00 Sieve Analysis of Aggregate(ea.) 2.0 70.00 140.00 Organic Impurities(ea.) 2.0 50.00 100.00 Clay Lumps and Friable Particles(ea.) 2.0 75.00 150.00 Sand Equivalent(ea.) 1.0 73.00 73.00 Fine Aggregate Angularity(ea.) 1.0 80.00 80.00 Coarse Aggregate Angularity(ea.) 1.0 80.00 80.00 HMA Marshall(%AC, Gradation, MLD, MTD)/(set) 2.0 375.00 750.00 Level III Technician(/hr.) 3.0 60.00 180.00 Trip Charge-Zone 1 (/trip) 2.0 50.00 100.00 Asphalt Specimen Coring(ea.) 6.0 60.00 360.00 • Core Compaction and Measured Length(ea.) 6.0 26.00 156.00 Trip Charge-Zone 1 (/trip) 2.0 50.00 100.00 Miscellaneous Senior Engineer(/hr.) 33.0 140.00 4,620.00 Modified Proctor(ea.) 2.0 165.00 330.00 Atterberg Limits(/set) 2.0 68.00 136.00 Sieve Analysis of Aggregate(ea.) 1.0 70.00 70.00 . Subtotal 18,169.00 Contingency discretionary tests, retests, and other tests not listed 10% 1,820.00 Total 19,989.00 Other Services Thiele G e o t e c h Inc Exhibit "B" MATERIAL ENGINEERING& TESTING SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 28th day of February, 2011, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and Thiele Geotech, Inc. (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION ASPHALT MATERIAL TESTING,INSPECTION& PROJECT MANAGEMENT II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Proposal attached hereto, for the City, relative to the above-referenced project. Such services shall be completed on an on-call basis as requested by the City field representative or project engineer. B. Provider designates Robert E. Matlock, P.E. whose business address and phone number are 13478 Chandler Road, Omaha, Nebraska 68138-7831, (402) 556-2171 as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five(5)years after the expiration of this Agreement. D. Provider agrees to provide services and prepare a schedule of compensation, detailing unit rates, and hourly rates as set out and more fully described in the proposal attached hereto, for the City, relative to the above referenced project which is illustrated in Exhibits C,D, and E attached hereto. E. Provider agrees to provide services from January 31, 2011, to December 31, 2011, when and as directed by the City. F. Provider agrees to have a current Contract Compliance Form (CC-1)on file with the City's Human Rights and Relations Department prior to signing the agreement. III. DUTIES OF CITY A. City designates David Noonan whose business address and phone number are 1819 Farnam Street, Omaha Nebraska 68183, 402-444-5280 as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence for proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Service, shall be performed on an hourly or unit price basis,but in no event shall exceed$250,000.00. B. Reimbursable expenses shall be billed to the City by the Provider. 2.0 50.00 100.00 Asphalt Specimen Coring(ea.) 6.0 60.00 360.00 • Core Compaction and Measured Length(ea.) 6.0 26.00 156.00 Trip Charge-Zone 1 (/trip) 2.0 50.00 100.00 Miscellaneous Senior Engineer(/hr.) 33.0 140.00 4,620.00 Modified Proctor(ea.) 2.0 165.00 330.00 Atterberg Limits(/set) 2.0 68.00 136.00 Sieve Analysis of Aggregate(ea.) 1.0 70.00 70.00 . Subtotal 18,169.00 Contingency discretionary tests, retests, and other tests not listed 10% 1,820.00 Total 19,989.00 Other Services Thiele G e o t e c h Inc Exhibit "B" it P C. INCREASE OF FEES The parties hereto acknowledge that, as of the date of the execution of the Agreement, Section 10- 142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or purchases which taken alone increase the original fee as awarded (a) by ten percent, if the original fee is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the city council. The provisions of this section will be quoted in all future city contracts. Nothing in this section is intended to alter the authority of the mayor under section 5.16 of the Charter to approve immediate purchases. V. OWNERSHIP The City acknowledges the Provider's construction documents, including electronic files, as instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Provider, the final construction documents prepared under this Agreement shall become the property of the City. The City shall not reuse at another site or make any modification to the construction documents without the prior written authorization of the Provider. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants (collectively, Provider) against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs, arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City, regardless of whether such reuse or modification is for use at the Project site or another site. VI. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required,Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance in the minimum amount of one half million dollars and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION (1) The Provider agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City, its officers, directors and employees (collectively, City) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the Provider's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Provider is legally liable. The City agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Provider, its officers, directors, employees and subconsultants (collectively, Provider) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs in connection with the Project, to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. { I - IX. TERMINATION OF AGREEMENT This Agreement may be terminated by the City upon written notice to the provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sec, age, or disability as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89,political or religious opinions,affiliations or national origin. B. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. C. Applicable Laws. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the Agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; he further covenants that in the performance of this Agreement,no person having any such interest shall be employed. F. Merger. This Agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. Modification. This Agreement contains the entire Agreement of the parties. No representations were made or relied upon by either party other than those that are expressly sat forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. H. Assignment. The Provider may not assign its rights under this Agreement without the express prior written consent of the City. I. Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. ld harmless the Provider, its officers, directors, employees and subconsultants (collectively, Provider) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs in connection with the Project, to the extent caused by the City's negligent acts or the negligent acts of anyone for whom the City is legally liable. Neither the City nor the Provider shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. r 4 n. i J. LB 403 Contract Provisions. -NEW EMPLOYEE WORK ELIGIBILITY STATUS-The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee If the Contractor is an individual or sole proprietorship, the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us 2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. K. Contract Compliance Ordinance No.35344,Section 10-192 Equal Employment Opportunity Clause During the performance of this contract,the contractor agrees as follows: 1) The contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex, national origin, or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-89. The contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex or national origin. The contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion, color, sex or national origin. 3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. j r - 4) The contractor shall furnish to the contract compliance officer all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, and including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the contract compliance officer shall be those which are related to paragraphs(1)through(7)of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate these provisions(of this division); and in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1)through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. EXECUTED this 28th day of February , 2011 . / Thiele Geotech,Inc. Provider By ATTEST Robert E. Matlock Vice President (Title) E CUTE')this 3/"day of /�Lg,3/ , ,,2e//. CITY OF OMAHA,A Municipal Corporation Dot. By ST 4. _ May , 'Officeavit-4FAr(- APP OVED7TO FORM: ` 3-9'// Assistant City Attorney, ted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion, color, sex or national origin. 3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. f r LB 403 Contract Provisions NEW EMPLOYEE WORK ELIGIBILITY STATUS The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska.A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a,known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: 1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us. 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. • 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb.Rev. Stat. §4-108. federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1)through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. EXECUTED this 28th day of February , 2011 . / Thiele Geotech,Inc. Provider By ATTEST Robert E. Matlock Vice President (Title) E CUTE')this 3/"day of /�Lg,3/ , ,,2e//. CITY OF OMAHA,A Municipal Corporation Dot. By ST 4. _ May , 'Officeavit-4FAr(- APP OVED7TO FORM: ` 3-9'// Assistant City Attorney, ted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion, color, sex or national origin. 3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. l f a EXHIBIT"A" • Utilization of Small and Emerging Small Businesses It is the policy of the'City of Omaha that Small and Emerging Small Businesses shall have the maximum practicable opportunity to participate in City of Omaha projects. Consequently,the requirements of the Small and Emerging Small Business Program ordinance apply to this solicitation. For questions on certification, including a listing of what firms are certified under the Small and Emerging Small Business Program,please see the City of Omaha website at www.ci.omaha.ne.us or contact the Human Rights and Relations Department at 444-5055. With regard to this solicitation, the City has determined that a sufficient number of companies exist within the following CERTIFIED GROUP(S): [ ] Tier I Emerging Small Business [ ] Tier II Emerging Small Business [ ] Tier I Small Business [ ] Tier II Small Business firm to fulfill [ ] this entire contract* [ ] a portion of this contract as defined below: *Please note: in order to be considered for this solicitation,your firm must be CERTIFIED in the above-referenced category PRIOR TO the bid opening date of this solicitation. Pursuant to Omaha Municipal Code Section 10-203(d),the above-referenced category of bidders .will be given preference in the selection of this bid. Submittals by non-certified bidders or the failure of a prime contractor to utilize a certified subcontractor in the above-designated portion of this contract shall be deemed non-responsive and rejected. Bidders must complete Exhibit"A" and submit it with their bid to be considered. rts shall be filed with the contract compliance officer. Compliance reports filed at such times as directed shall contain information as to the employment practices,policies,programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1)through (7) of this section, "Equal Employment Opportunity Clause," and section 10-193 in every subcontract of purchase order so that such provisions will be binding upon each subcontractor or vendor. EXECUTED this 28th day of February , 2011 . / Thiele Geotech,Inc. Provider By ATTEST Robert E. Matlock Vice President (Title) E CUTE')this 3/"day of /�Lg,3/ , ,,2e//. CITY OF OMAHA,A Municipal Corporation Dot. By ST 4. _ May , 'Officeavit-4FAr(- APP OVED7TO FORM: ` 3-9'// Assistant City Attorney, ted; downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race,religion, color, sex or national origin. 3) The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • • SMALL AND/OR EMERGING SMALL BUSINESS DISCLOSURE PARTICIPATION FORM THIS FORM MUST BE SUBMITTED WITH THE BID • In the performance of this contract,the contractor proposes and agrees to make good faith efforts to contract with eligible City of Omaha•certified small and/or emerging small businesses.Should the below listed small or emerging small business subcontractor be determined to be unable to perform successfully or is not performing satisfactorily,the contractor shall obtain prior approval from the Public Works Department Director•or a designee, for substitution of the below listed subcontractor with a City of Omaha certified small or emerging small business. By submitting this form,the bidder is certifying that it has afforded subcontractors participating in the program the opportunity to submit bids on this project. • Type of work and Projected • contract item or commencement Name of small or parts thereof to be •and completion Agreed price with emerging small Address performed date of work SB/ESB Percentage(%) business • • • Totals • • CERTIFICATION • The undersigned/contractor certifies that he/she has read,understands, and-agrees to be bound by small and/or emerging small business participation contract specifications, and the:other terms and conditions of the Invitation for Bids. The undersigned further certifies that he/she is legally authorized by the bidder to make the statements and representations in the small and/or emerging small business participation contract specifications and that said statements and representations are true and correct.to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s)with small and/or emerging small businesses(which arc otherwise deemed by the City of Omaha to be technically responsible to perform the work)listed in the contract specifications at the price(s)set forth in this Exhibit conditioned upon execution of a contract by the undersigned with the City of Omaha. The undersigned/contractor agrees that if any of the representation made regarding utilization of small and/or emerging small business by the bidder knowing'them to be false, or if there is a failure.by the successful bidder (i.e. the Contractor) to implement the stated agreements, intentions, objectives, goals, and comments set forth herein without prior approval of the Public Works Director,such action shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to'terminate the Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or re edies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. u Exhibit B Reserved O ,-+ echo G0 "" — rg W p a. Q P - '0 0-• Cr' O~ P n r:iWiifl CD c CA '•• O 0 (I) v., - c CD D -OUQ- C p •'C IV N 4n A; P am O 00 p ¢. , z P• rr • n O aCD N . , � `yO � p� ,CD - n n . tNi, O a' pa 5, — P O • +• O . G O -0 t r' ,fi 0' -' 0' • 0 ' 0 CD CO a. CD CD CD P CD I I I ;, ,, 1 L. 4 ,` eRf CN ' v ENTS\2011\20007v1j • EXHIBIT "C" ASPHALT PLANT INSPECTION GENERAL — The LABORATORY shall provide the services as outlined in this Exhibit at various plant locations as designated by the City of Omaha. Said services shall be performed by the LABORATORY with the written approval of the CITY acting through it Public Works Department. A Project Manager, designated by the City Engineer or his representative, shall coordinate the services to be provided by the LABORATORY. The LABORATORY shall meet the requirements of ASTM D3666 which requires that the LABORATORY be accredited by a nationally recognized laboratory accreditation organization. These services shall include,but not be limited to,plant and equipment inspection, and material quality assurance. 1. PERSONNEL, TRANSPORATION,AND EQUIPMENT 1.1 The LABORATORY shall provide an inspection team for each plant location. The minimum personnel required per inspection team shall include: One Asphalt Plant Inspector (Certified Level II—Asphalt) and one Plant Aid (Certified Level I—Asphalt). The LABORATORY shall provide the Public Works Department with an outline of their in-house training and certification program, conforming to the minimum qualifications as outlined in Exhibit "D" of this Agreement. Personnel changes shall only be made with the prior approval of the Project Manager. 1.2 The LABORATORY shall provide adequate transportation to convey personnel, equipment, and supplies to and from the assigned plant location. 1.3 The LABORATORY shall provide the capability and equipment necessary to perform the tests as specified in Section 5 of this Exhibit, and all required supplies (i.e. chemicals, filters,etc.)to perform these tests. 2. FIELD LABORATORY 2.1 The LABORATORY shall have available for its exclusive use and control, a suitable field laboratory facility. This facility, located at the plant site and of sufficient size and type to permit the performance of the tests as specified herein, shall be provided for the LABORATORY by the Contractor. All utility cost(i.e.water,power, fuel, etc.)resulting from the operation of this facility shall be paid by the Contractor. 2.2 As an option,the LABORATORY shall utilize their main laboratory facility in lieu of the field laboratory. The main laboratory facility must be in the City of Omaha Metropolitan area. 2.3 Reference to tests to be conducted shall apply to either a field laboratory or a main laboratory facility. 3. PROCEDURE Exhibit C-1 ction shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to'terminate the Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or re edies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 3.1 The LABORATORY shall review the contract documents for adequacy of required materials data. All inquiries regarding this data shall be directed to the Public Works Department Construction Engineer for clarification. 3.2 The LABORATORY shall attend the preconstruction conference and other scheduled conferences as directed by the Project Manager. 3.3 The LABORATORY shall immediately report to the Project Manager all variations beyond the specified allowable tolerances encountered during the asphaltic concrete production. Changed in job-mix design shall not be made without written authorization from the Project Manager. 3.4 The LABORATORY shall inspect, for contract compliance, all production and hauling equipment within ten (10) days after receipt of this "Notice to Proceed". Inspection for contract compliance shall include (1) plant design and calibration, (2) review of material certification certificates, and (3) inspection of paver, haul trucks, distributor, rollers, and hand tools. 4. METHODS 4.1 The plant inspectors shall review with the Project Manager at the beginning of each workday the daily plant and test reports of the previous production day. Plant Inspectors shall also report during the day as necessary to coordinate activities on the project and the plant. 4.2 A copy of the daily inspection worksheets shall be available at the field laboratory facility for review of the Project Manager. These worksheets shall summarize the results of all tests performed during the previous production day and shall include the following general information: (1) date, (2) project number and location, (3) name and classification of testing personnel, (4) reporting and departure time (hours worked at the plant), (5) temperature and general weather condition. Inspection team hours shall be verified daily by the Project Manager or his authorized representative. 4.3 Unless otherwise directed by the Project Manager, Asphalt Plant Inspection shall include the following: 4.3.1 Haul Equipment Inspection • Verify tare weights (full fuel, less operator) every truck, minimum weekly report to Project Manager. • Inspection of dump boxes. (Have acceptable covers, free from cracks, holes,or dents). • Inspect carrier for leaks(oil,fuel,hydraulic fluids, etc.) * Inspect and approve method of cleaning dump boxes Exhibit C-2 ply to either a field laboratory or a main laboratory facility. 3. PROCEDURE Exhibit C-1 ction shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to'terminate the Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or re edies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • * Assure accuracy of weight tickets, sign first ticket and initial tickets throughout the day,minimum hourly, and sign last load of the day. • Check material temperature while loading. Write temperature on ticket to be given to field inspector,minimum hourly. 4.3.2 Scale Inspection * Has current State of Nebraska Department of Agriculture approval * Scale in accordance with contract specifications * Platform kept clean and free of debris 4.3.3 Plant Inspection * Calibrate all scales and gates and check daily * Inspect material handling equipment • Monitor material proportioning, drying,feeding,and mixing 4.3.4 Material Inspection * Inspect raw materials * Inspect end product * Maintain material certification file following construction, submit file to Project Engineer • Perform material tests (frequency as stated in Section 5). • Record and maintain representative samples of asphaltic cement 5 FREQUENCY 5.1 Asphaltic Binder(AASHTO M320)—every 2,500 tons of production 5.1.1 Superpave performance grade verification(AASHTO R29, Section 7). 5.2 Cut back Asphalt (AASHTO M81, M82, M141, as applicable) every 10,0000 gallons. 5.3 Asphaltic Emulsions (AASHTO M140, M208, as applicable) every 10,000 gallons. 5.4 Asphaltic Concrete Exhibit C-3 he field laboratory facility for review of the Project Manager. These worksheets shall summarize the results of all tests performed during the previous production day and shall include the following general information: (1) date, (2) project number and location, (3) name and classification of testing personnel, (4) reporting and departure time (hours worked at the plant), (5) temperature and general weather condition. Inspection team hours shall be verified daily by the Project Manager or his authorized representative. 4.3 Unless otherwise directed by the Project Manager, Asphalt Plant Inspection shall include the following: 4.3.1 Haul Equipment Inspection • Verify tare weights (full fuel, less operator) every truck, minimum weekly report to Project Manager. • Inspection of dump boxes. (Have acceptable covers, free from cracks, holes,or dents). • Inspect carrier for leaks(oil,fuel,hydraulic fluids, etc.) * Inspect and approve method of cleaning dump boxes Exhibit C-2 ply to either a field laboratory or a main laboratory facility. 3. PROCEDURE Exhibit C-1 ction shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to'terminate the Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or re edies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • f. /1 LI L 5.4.1 Ignition Binder (AASHTO T308) and Gradation (ASTM D5444) every 500 tons of production or a minimum of one(1)per four(4)hours. 5.4.3 Gyratory Unit Weight (AASHTO T312 set every 500 tons of production of a minimum of one(1)per four(4)hours.\ 5.4.4 Hot Bin or Cold Bin Sieve Analysis (AASHTO T27 and T11), a minimum of one per four(4)hours of production. 5.4.5 Moisture in Aggregate (ASTM C70), a minimum of one per four(4)hours of production for each aggregate type used. 5.4.6 Unit Weight of Field Sample (ASTM D2726) every 500 tons of production. 6 BASIS OF PAYMENT 6.1 Services provided under this Exhibit shall be compensated for at the rate identified in Exhibit "E" per inspection team hour. Minimum of two (2) team hours per day. If the team is required to work overtime (beyond eight(8) hours in a given day),the rate will be as identified in Exhibit"E" per inspection team overtime hour. These rates to include all transportation, equipment, and supplies necessary to perform the services herein. Team hours computed for payment will be the number of hours between sign-in of the initial load weighted and the sign-out of the final load delivered to the project. (See Section 4.3.1 (e) above). 6.2 The attendance at scheduled project conferences (i.e. preconstruction conference, etc.) and related professional services shall be compensated for at the unit rates as specified in of Exhibit"E" of this Agreement. 6.3 The plant and equipment inspection,materials sampling, and performance of testing in the field laboratory as specified here shall not be compensated for directly but shall be considered incidental to the rate as specified in Subsections 6.1 of this Exhibit. 6.4 The performance of tests not performed in the field laboratory as specified in Section 5 of this Exhibit shall be compensated for at the unit rates as specified in Exhibit"B" of this Agreement. Exhibit C-4 hts (full fuel, less operator) every truck, minimum weekly report to Project Manager. • Inspection of dump boxes. (Have acceptable covers, free from cracks, holes,or dents). • Inspect carrier for leaks(oil,fuel,hydraulic fluids, etc.) * Inspect and approve method of cleaning dump boxes Exhibit C-2 ply to either a field laboratory or a main laboratory facility. 3. PROCEDURE Exhibit C-1 ction shall constitute a material breach of the contract,entitling the City of Omaha to reject the contractor's bid or to'terminate the Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or re edies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. EXHIBIT "D" - QUALIFICATION OF INSPECTION AND TESTING PERSONNEL 1. INTRODUCTION 1.1 Scope - This standard was derived from the American National Standard (ANSI) N45.2.6-1973 as preferred and recognized to be the most complete by the American Society for Quality Control(ASQC). This standard delineates the qualifications of personnel who perform inspection and testing activities. The requirements of this standard apply to personnel who perform inspections or tests; or who participate in the approval of procedures, the handling of data or test results, or the control of reports and records. 1.2 Applicability - The requirements apply to the personnel of any organization that participates in construction including personnel of the owner; architect-engineers; or outside testing agencies and consultants. The extent to which the individual requirements of this standard apply will depend upon the nature and scope of the work to be performed and the importance of the item or service involved. The requirements are to be applied in both the selection and the utilization of those personnel who perform inspection and testing activities that are intended to achieve and assure quality construction or to verify conformance to quality requirements. 1.3 Responsibility - It is the responsibility of each organization to assure that only those personnel within their respective organization who meet the requirements of this standard are permitted to perform inspection and testing activities that result in or assure the attainment of quality. The organization or organizations responsible for establishing the applicable requirements for individuals performing activities covered by this standard shall be identified and the scope of their responsibility shall be documented. The work of establishing selection and training practices and certification procedures and providing the resources in terms of personnel, equipment, and services necessary to implement the requirements of this standard may be delegated to other organizations and such delegations shall also be documented. It is the responsibility of each organization using personnel covered by this standard to comply with the specifications issued for the project and to conform to the requirements of this standard applicable to his work. It is the responsibility of the organization performing these activities to specify the detailed methods and procedures unless they are specified in the contract documents. 1.4 Definitions - The following definitions are provided to assure a uniform understanding of selected terms as they are used in this standard. Exhibit D-1 o so terminate shall be in addition to,and not in lieu of,any other rights or re edies the City of Omaha may have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 1.4.1 CERTIFICATION (Personnel) - The action of determining,verifying, or testing in writing to the qualifications of personnel. 1.4.2 INSPECTION - A phase of quality control which by means of examination, observation, or measurement determines the conformance of materials, supplies, components, parts, appurtenances, systems, processes, or structures to predetermined quality requirements. 1.4.3 QUALIFICATIONS - The characteristics or abilities gained through training or experience, or both,that enable an individual to perform a required function. 1.4.4 QUALITY ASSURANCE - All those planned and systematic actions necessary to provide adequate confidence that an item or a facility will perform satisfactorily in service. 1.4.5 QUALITY CONTROL - Those quality assurance actions that provide a means of control and measure the characteristics of an item, process, or facility to established requirements. 1.4.6 TESTING - The determination or verification of the capability of an item to meet specified requirements by subjecting the item to a set of physical, chemical, environmental, or operating conditions. 1.4.7 Other terms and their definitions are contained in ANSI N45.2.10, Quality Assurance Terms and Definitions. 2. GENERAL REQUIREMENTS 2.1 Certification - Each person who verifies conformance of work activities to quality requirements shall be certified by his employer as being qualified to perform his assigned work. This certification shall be supported by appropriate measures such as education or training, testing, evaluation, and periodic review to assure the initial and continued proficiency of each person. The effective period of certification shall be established and at the end of the effective period of certification, each individual shall be recertified in accordance with the requirements of this standard. 2.1.1 TRAINING - Training programs shall include indoctrination of personnel with the technical objectives of the project; the codes and standards that are to be used; and the quality assurance elements that are to be employed, with guidance regarding their limitations and capabilities. On-the-job participation shall also be included in the program, with emphasis on firsthand experience gained through actual performance of processes,tests, examinations, and inspections. 2.1.2 TESTING. In accordance with the requirements of the in-house training and certification program, tests shall be devised for determining the capability and proficiency of personnel who perform inspection and testing activities and each person who performs these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • capability. The results of these tests shall be documented and placed in the personnel file (see paragraph 5) and shall be considered in the evaluation described in paragraph 2.1.3. 2.1.3 EVALUATION OF PERFORMANCE. The job performance of inspection and testing personnel shall be evaluated initially and at periodic intervals not to exceed two years, and the results of each evaluation shall be reviewed to determine the capability of the individual. If it is determined that the capabilities of an individual are not in accordance with the qualifications specified for the job, that person shall be removed from operations until such time as he has been trained in the needed skill and has been recertified as being qualified to perform the work. 2.1.4 CERTIFICATE OF QUALIFICATIONS. The qualifications of personnel shall be documented in an appropriate form. The certificate shall include the following information: Employer's name Person being certified Activity qualified to perform Level of capability Effective period of certification Signature of Employer's Designated Representative Basis used for certification 3. QUALIFICATIONS The requirements contained within this Section are intended to define the minimum capabilities that qualify personnel to perform quality assurance functions that are within the scope of this standard. The qualifications have been defined in terms of three levels of capability. The categorization of requirements that are defined are not intended to be limiting with regard to company position or professional status,but are merely a method of defining functional activities. 3.1 Levels of Capability. Three levels of capability for persons who perform inspections and tests, or who participate in the approval of procedures, the handling of data or test results, or the control of reports and records are delineated below. The education and experience requirements specified for the various levels should not be treated as absolute when other factors provide reasonable assurance that a person can competently perform a particular task. Another factor may be demonstrated capability in a.given job through previous performance of satisfactory completion of proficiency testing. A Level I person shall have experience or training in the performance of the inspections and tests that he is required to perform. He shall be familiar with the tools and equipment to be employed and shall have demonstrated proficiency in their use. He shall be familiar with inspection and measuring equipment calibration and control Exhibit D-3 these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. y Wl1 methods and shall be capable of verifying that the equipment is in proper condition for use. A Level II person shall have experience and training in the performance of required inspections and tests and in the organization and evaluation of the results of the inspections and tests. He shall be capable of supervising or maintaining surveillance over the inspections and tests performed by others and of calibrating or establishing validity of calibrations of inspections and measuring equipment. He shall have demonstrated proficiency in planning and setting up tests and shall be capable of determining the validity of test results. A Level III person shall have broad experience and formal training in the performance of inspections and tests and shall be educated through formal courses of study in the principles and techniques of the inspections and tests that are to be performed. He shall be capable of planning and supervising inspections and tests, reviewing and approving procedures, and evaluating the adequacy of activities to accomplish objectives. He shall be capable of organizing and reporting results and of certifying the validity of results. 4. PERFORMANCE Personnel who are assigned the responsibility and authority to perform project functions shall have a minimum level of capability shown in Table 1, "Minimum Levels of Capability for Project Functions." (It is not the intent of these requirements to restrict personnel with higher levels of capability than those shown in the Table from performing activities for which they are qualified. However, it is intended to restrict personnel with lower levels of capability than those specified from performing activities for which they are unqualified.) When inspections and tests are implemented by teams or groups of individuals, the one responsible must participate and must meet the minimum qualifications indicated. 5. RECORDS A file of records of personnel qualifications shall be established and maintained. This file shall contain records of past performance, history, training, initial and periodic evaluations, and certification of the qualifications of each person. TABLE I MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS LEVEL Project Function L-I L-II L-III Approve inspection and test procedures (Project Manager) X Implement inspection and test procedures (Assistant Inspector) X Evaluate and report inspection and test results (Chief Inspector) X Exhibit D-4 tion and measuring equipment calibration and control Exhibit D-3 these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. • EXHIBIT "E" - ASPHALT TESTING GENERAL - All testing shall be performed under the most current appropriate American Society for Testing and Materials (ASTM) or American Association of State Highway and Transportation Officials (AASHTO) designation unless otherwise specified, and the specification requirement shall be noted on each respective testing report. The Laboratory shall meet the requirements of ASTM. D3666 and be accredited by a nationally recognized laboratory accreditation organization. 1. ASPHALTIC MATERIALS 1.1 Asphaltic Cement(ASTM D946,D3381 as applicable) 1.1.1 Penetration(ASTM D5) $40.00 ea. 1.1.2 Kinematic Viscosity(ASTM D2170) $73.00 ea. 1.1.3 Absolute Viscosity(ASTM D2171) $73.00 ea. 1.1.4 Flash Point(ASTM D92) $73.00 ea. 1.1.5 Ductility(ASTM D113) $62.00 ea. 1.1.6 Thin Film,Loss on Heating(ASTM D1754) $78.00 ea. 1.1.7 Thin Film,Viscosity Ratio (ASTM D1754, D2171 as applicable) $78.00 ea. 1.1.8 Solubility in Trichloroethylene(ASTM D2042) $47.00 ea. 1.1.9 Specific Gravity(ASTM D70) $53.00 ea. 1.1.10 Softening Point(ASTM D36) $57.00 ea. 1.1.11 Elastic Recovery(ASTM D113) $68.00 ea. 1.2 Performance Graded Asphalt Cement(AASHTO MP1) (NOTE : See Subsection 5.2) 1.2.1 Solubility of Bituminus Materials (AASHTO T44) $250.00 ea. 1.2.2 Flash Point by Cleveland Cup (AASHTO T48) $127.00 ea. 1.2.3 Brookfield Viscosity(ASTM D4402) $127.00 ea. 1.2.4 Dynamic Shear(AASHTO T315) $160.00 ea. 1.2.5 Rolling Thin Film, Mass Loss (AASHTO T240) $127.00 ea. 1.2.6 Rolling Thin Film,Dynamic Shear(AASHTO T315) $160.00 ea. 1.2.7 Accelerated Aging-PAV (AASHTO R28) $295.00 ea. 1.2.8 Accelerated Aging, Creep Stiffness (AASHTO T313) $220.00 ea. 1.2.9 Direct Tension(AASHTO T314) $294.00 ea. 1.2.10 Residue of Specified Penetration(ASTM D243) $160.00 ea. 1.2.11 Superpave Binder Grade Verification(AASHTO $1030.00 ea. R29, Section 7) 1.2.12 Superpave Binder Grade Determination(AASHTO R29, Section 6) $1320.00 ea. Exhibit E-1 alifications of each person. TABLE I MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS LEVEL Project Function L-I L-II L-III Approve inspection and test procedures (Project Manager) X Implement inspection and test procedures (Assistant Inspector) X Evaluate and report inspection and test results (Chief Inspector) X Exhibit D-4 tion and measuring equipment calibration and control Exhibit D-3 these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H 1 1.3 Emulsified Asphalt(ASTM D977,D2397 as applicable) 1.3.1 Composition(ASTM D244) Water Content $26.00 ea. Residue by Distillation $51.00 ea. Particle Charge $26.00 ea. 1.3.2 Consistency(ASTM D244) Saybolt Furol Viscosity @ 77°F $51.00 ea. Saybolt Furol Viscosity @ 122°F $51.00 ea. 1.3.3 Stability(ASTM D244) Distillation $51.00 ea. Demulsibility $51.00 ea. Settlement, 5 Day $62.00 ea. Cement Mixing $51.00 ea. Sieve Test $51.00 ea. Coating Test $51.00 ea. Miscibility with Water $31.00 ea. Coating Ability and Water Resistance $31.00 ea. Storage Stability $51.00 ea. 1.3.4 Examination of Residue(ASTM D244) Obtain Residue $51.00 ea. Specific Gravity $26.00 ea. Solubility $26.00 ea. Penetration $26.00 ea. Ductility $31.00 ea. 2. ASPHALTIC CONCRETE 2.1 Extraction(ASTM D2172,Method "A", or ASTM D6307) and Gradation (ASTM D5444) $183.00 ea. 2.2 Marshall Stability and Unit Weight(ASTM D1559) $162.00 ea. 2.3 Unit Weight of Field Samples (ASTM D2726) $ 15.00 ea. 2.4 Measuring Cores for Thickness (ASTM C174) $ 12.00 ea. Exhibit E-2 O T44) $250.00 ea. 1.2.2 Flash Point by Cleveland Cup (AASHTO T48) $127.00 ea. 1.2.3 Brookfield Viscosity(ASTM D4402) $127.00 ea. 1.2.4 Dynamic Shear(AASHTO T315) $160.00 ea. 1.2.5 Rolling Thin Film, Mass Loss (AASHTO T240) $127.00 ea. 1.2.6 Rolling Thin Film,Dynamic Shear(AASHTO T315) $160.00 ea. 1.2.7 Accelerated Aging-PAV (AASHTO R28) $295.00 ea. 1.2.8 Accelerated Aging, Creep Stiffness (AASHTO T313) $220.00 ea. 1.2.9 Direct Tension(AASHTO T314) $294.00 ea. 1.2.10 Residue of Specified Penetration(ASTM D243) $160.00 ea. 1.2.11 Superpave Binder Grade Verification(AASHTO $1030.00 ea. R29, Section 7) 1.2.12 Superpave Binder Grade Determination(AASHTO R29, Section 6) $1320.00 ea. Exhibit E-1 alifications of each person. TABLE I MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS LEVEL Project Function L-I L-II L-III Approve inspection and test procedures (Project Manager) X Implement inspection and test procedures (Assistant Inspector) X Evaluate and report inspection and test results (Chief Inspector) X Exhibit D-4 tion and measuring equipment calibration and control Exhibit D-3 these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2.5 Sample for in-place unit weight 2.5.1 Cores,minimum 5" diameter *$61.00 ea. 2.5.2 Trip Charge $52.00/trip 2.5.3 Flagman for traffic control when approved by Project Manager $54.00/hr. * Price for sampling shall include filling the test holes with like material. 2.6 In-place Density by Nuclear Method (ASTM D2950) $62.00/hr. 2.6.1 Trip Charge $52.00/trip 2.7 Asphaltic Concrete Mix Design by Marshall Method (ASTM D1559) 2.7.1 Calculating mix proportions shall include molding and testing a minimum of five different asphalt content blended with the specified aggregate gradation, and preparation of written report recommending job-mix formula $1,440.00 ea. 2.8 Voidless Density(ASTM D2041) $ 76.00 ea. 2.9 Tensile Strength Ratio (ASTM D4867) $293.00 ea. 2.10 Asphaltic Concrete by Superpave Method (AASHTO M323) 2.10.1 Mix Design-4 point asphalt content(AASHTO R35) $1,990.00 ea. 2.10.2 Initial Trial— 1 aggregate blend(AASHTO R35) $419.00 ea. 2.10.3 Initial Trial—4 aggregate blends (AASHTO R35) $1,676.00 ea. 2.10.4 Resistance of Compacted Mixture to Moisture Induced Damage in Conjunction with mix design(AASHTO T283) $ 623.00 ea. 2.10.5 Resistance of Compacted Mixture to Moisture Induced Damage preparation of aggregate blend and asphalt content Required(AASHTO T283) $ 759.00 ea. 2.10.6 Resistance of Compacted Mixture to Moisture Induced Damage—in conjunction with hot mix asphalt production control $ 375.00 ea. 2.10.7 Compaction of hot mixed asphalt from production control $ 162.00 ea. 3. SURFACE TREATMENTS 3.1 Mix Design for Bituminous Surface Treatments (ASTM D1369) 3.1.1 Calculating mix proportions shall include aggregate unit weight determination and bulk specific gravity,preparation of written report,recommending type and grade of asphalt,job-mix formula, and application rates of asphalt and aggregate $ 105.00 ea. Exhibit E-3 ade Determination(AASHTO R29, Section 6) $1320.00 ea. Exhibit E-1 alifications of each person. TABLE I MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS LEVEL Project Function L-I L-II L-III Approve inspection and test procedures (Project Manager) X Implement inspection and test procedures (Assistant Inspector) X Evaluate and report inspection and test results (Chief Inspector) X Exhibit D-4 tion and measuring equipment calibration and control Exhibit D-3 these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. AGGREGATE 4.1 Absorption and Specific Gravity (ASTM C127 or C128 as applicable) $84.00 ea. 4.2 Sieve Analysis (AASHTO T27 and T11) $73.00 ea. 4.3 Grain-Size(ASTM D422) $102.00 ea. 4.4 Soundness,Na2SO4, 5 Cycles (ASTM C88) 4.4.1 Coarse Aggregate $225.00 ea. 4.4.2 Fine Aggregate $225.00 ea. 4.4.3 Ledge Rock $225.00 ea. 4.5 Freeze-Thaw (AASHTO T103) 4.5.1 Water, 50 Cycles (Procedure "A") $424.00 ea. 4.5.2 Water, 25 Cycles (Procedure "C") $262.00 ea. 4.5.3 AlcohollWater, 16 Cycles (Procedure "B") $183.00 ea. 4.6 Organic Impurities (ASTM C40) $ 52.00 ea. 4.7 Surface Moisture(ASTM C70) $ 11.00 ea. 4.8 Abrasion (ASTM C131) $173.00 ea. 4.9 Crushing Ledge Rock(AASHTO T103) $ 89.00 ea. 4.10 Deleterious Materials (ASTM C142) $ 79.00 ea. 4.11 Lightweight Pieces (ASTM C123) $157.00 ea. 4.12 Clay Content(AASHTO T176) $ 79.00 ea. 4.13 Flat and Elongated Particles (ASTM D4791) $ 72.00 ea. 4.14 Fine Aggregate Angularity(ASTM C1252,Method A) $ 84.00 ea. 4.15 Coarse Aggregate Angularity (NDOR T586) $ 84.00 ea. 5. PROFESSIONAL SERVICES 5.1 When required,furnish Asphalt Qualified Professionals Consultant concerning specifications, design, procedures, and other matters not specifically included herein. 5.1.1 Professional Engineer $145.00/hr. 5.1.2 Project Manager $114.00/hr Exhibit E-4 unction with hot mix asphalt production control $ 375.00 ea. 2.10.7 Compaction of hot mixed asphalt from production control $ 162.00 ea. 3. SURFACE TREATMENTS 3.1 Mix Design for Bituminous Surface Treatments (ASTM D1369) 3.1.1 Calculating mix proportions shall include aggregate unit weight determination and bulk specific gravity,preparation of written report,recommending type and grade of asphalt,job-mix formula, and application rates of asphalt and aggregate $ 105.00 ea. Exhibit E-3 ade Determination(AASHTO R29, Section 6) $1320.00 ea. Exhibit E-1 alifications of each person. TABLE I MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS LEVEL Project Function L-I L-II L-III Approve inspection and test procedures (Project Manager) X Implement inspection and test procedures (Assistant Inspector) X Evaluate and report inspection and test results (Chief Inspector) X Exhibit D-4 tion and measuring equipment calibration and control Exhibit D-3 these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. a. .. ♦ 4,-J. • • 5.1.3 NICET Certified(Level IV S.E.T.—Asphalt) Technician $81.00/hr. 5.1.4 NICET Certified(Level III C.E.T.—Asphalt)Technician $62.00/hr. or Lead Construction Inspector 5.1.5 Asphalt Technician $54.00/hr. 5.1.6 Trip Charge $52.00/trip 5.2 If the LABORATORY is unable to perform any of the Performance Graded Binder Tests as outlined in Subsection 1.2,prior to the award of this contract, the LABORATORY shall submit for approval from the CITY the name of their proposed SUBLABORATORY which shall be fully capable of performing the specified tests. The LABORATORY shall sample the binder, and when directed by the Engineer, either the LABORATORY or their SUBLABORATORY shall perform any requested tests as outlined in Subsection 1.2. The LABORATORY shall then review and evaluate the test results, and report the results to the CITY in a timely manner. All expenses,incurred by the LABORATORY,to have this material tested shall not be paid for directly but shall be considered incidental to the rates as specified in Subsection 1.2. 6 CONCRETE 6.1 When required, furnish ACI Grade 1 certified technician to sample and test concrete for base repair,curb repair, or sidewalk repari in conjunction with asphalt overlay projects. 6.1.1 Cast cylinders (Set of Two),frunish molds,perform slump, perform air content and temperature of concrete— 1st test(trip included) $123.00/set 6.1.2 Additional test for above test $71.00/set 6.1.3 Cast additional cylinder $8.00 ea. 6.1.4 Perform additional air content test $22.00 ea. 6.1.5 Perform additional slump test $16.00 ea. 6.1.6 Perform unit weight test $52.00 ea. Exhibit E-5 uminous Surface Treatments (ASTM D1369) 3.1.1 Calculating mix proportions shall include aggregate unit weight determination and bulk specific gravity,preparation of written report,recommending type and grade of asphalt,job-mix formula, and application rates of asphalt and aggregate $ 105.00 ea. Exhibit E-3 ade Determination(AASHTO R29, Section 6) $1320.00 ea. Exhibit E-1 alifications of each person. TABLE I MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS LEVEL Project Function L-I L-II L-III Approve inspection and test procedures (Project Manager) X Implement inspection and test procedures (Assistant Inspector) X Evaluate and report inspection and test results (Chief Inspector) X Exhibit D-4 tion and measuring equipment calibration and control Exhibit D-3 these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ii rr a., 6.1.7 Concrete coring 4" or 5" diameter $61.00 ea. 6.1.8 Mobilization for concrete coring $52.00 ea. 6.1.9 Compressive strength of cylinders or cores $16.00 ea. 6.1.10 Mobilization to pick-up test specimens $52.00 ea. 6.1.11 Trim cylinders or cores $19.00 ea. 6.1.12 Measure cores for length $8.00 ea. Exhibit E-6 p� ,CD - n n . tNi, O a' pa 5, — P O • +• O . G O -0 t r' ,fi 0' -' 0' • 0 ' 0 CD CO a. CD CD CD P CD I I I ;, ,, 1 L. 4 ,` eRf CN ' v ENTS\2011\20007v1j c-25a CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, asphalt material testing, inspection, and project management is,required for street resurfacing and rehabilitation projects in the City of Omaha; and, ,e WHEREAS, Thiele Geotech, Inc. has agreed to perform these services from January 31, 2011 to December 31, 2011 as listed in the attached Agreement, which by this reference is included herein, for the scope of work and costs as defined in Exhibits "C", "D", and "E"up to a maximum of$250,000; and, WHEREAS, this amount will be paid from the City Street Maintenance Fund 12129, Residential Street Rehab Organization 116161, year 2011 expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Agreement with Thiele Geotech, Inc. to provide asphalt material testing, inspection, and project management services for street resurfacing and rehabilitation projects within the City of Omaha from January 31, 2011 to December 31, 2011 be approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay Thiele Geotech, Inc. up to $250,000.00 from the City Street Maintenance Fund 12129, Residential Street Rehab Organization 116161, year 2011 expenditure. 1125htp APPROVED AS TO FORM: // 391/ ' -CITY ATTORNEY DATE By }_ `\ ' Councilmember 44,7 Adopted ."MAR..2.9..20,1. - 0 Ci 0Clerit3 j// Approved J '' Mayor nit weight test $52.00 ea. Exhibit E-5 uminous Surface Treatments (ASTM D1369) 3.1.1 Calculating mix proportions shall include aggregate unit weight determination and bulk specific gravity,preparation of written report,recommending type and grade of asphalt,job-mix formula, and application rates of asphalt and aggregate $ 105.00 ea. Exhibit E-3 ade Determination(AASHTO R29, Section 6) $1320.00 ea. Exhibit E-1 alifications of each person. TABLE I MINIMUM LEVELS OF CAPABILITY FOR PROJECT FUNCTIONS LEVEL Project Function L-I L-II L-III Approve inspection and test procedures (Project Manager) X Implement inspection and test procedures (Assistant Inspector) X Evaluate and report inspection and test results (Chief Inspector) X Exhibit D-4 tion and measuring equipment calibration and control Exhibit D-3 these activities shall be tested to demonstrate his Exhibit D-2 have for other defaults under the Contract,under City of Omaha's Contract Compliance Ordin ce otherwise. Additionally,the undersigned/contractor will be subject to the terms of any future contract awards. • Signature Title Senior Vice President Date of Signing 1/27/11 Firm or Corporate Name Thiele Geotech, Inc. Address 13478 Chandler Road, Omaha Telephone Number 4 0 2-5 5 6-2171 NE 68138 • send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. CD P-: ° 0 cu q, o va En p cp .� .o� 0cz, n a, 0 � . p ,,'-' 0 : c 0 0-k.< c),_ 0 K E. ..... CD It a co n °mirt• i . t \ o N` O O N i�.� CD' n N nra o a �a � o 4. O , --* N.) - Ck< n oo o 0 N � cc 0 � � • ao °. N ? A " co o' o0,C C O r; " `- J '1 N1 I ;, ,, 1 L. 4 ,` eRf CN ' v ENTS\2011\20007v1j