TULSA COUNTY

MEMOPURCHASINGDEPARTMENT

MARCH 4,2015

LINDA R. DORRELLPURCHASING DIRECTOR

TO:

SUBJECT:

BOARD OF COUNTY COMMISSIONERS

GEOTECHNICAL DRILLING AND LABORATORY TESTING SERVICESCONTRACT- TERRACON CONSULTANTS, INC., VISION 2025 SUB-FUND 36

SUBMITTED FOR YOUR APPROVAL AND EXECUTION IS THE ATTACHED CONTRACTBETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TERRACON CONSULTANTS,INC., FOR GEOTECHNICAL DRILLING AND LABORATORY TESTING SERVICES FOR THEBIXBY LOW WATER DAM, VISION 2025 SUB-FUND 36.

RESPECTFULLY SUBMITTED FOR YOUR APPROVAL AND EXECUTION.

LRD arh

ORIGINAL: PAT KEY, COUNTY CLERK, FOR THE MARCH 9, 2015 AGENDA.

COMMISSIONER JOHN M. SMALIGOCOMMISSIONER KAREN KEITHCOMMISSIONER RON PETERSMARK LIOTrA, CHIEF DEPUTYMICHAEL WILLIS, CHIEF DEPUTYVICKI ADAMS, CHIEF DEPUTY

DATE:

FROM:

COPIES:

rm 4363 (Rev. 4-98)

P~ Program ManagementI Owner’s Representative

Capital Improvements Planning

w

February 17, 2015

BOARD OF COUNTY COMMISSIONERSTULSA COUNTY, OKLAHOMAdo Linda Dorrell, Purchasing Director500 South Denver, Rm. 322Tulsa, OK 74103-3832

Subject: Contract for ExecutionProfessional Services - Geotechnical ResearchTerracon Consultants, Inc.

Project: Bixby Low Water Dam Geotechnical ResearchVision 2025, Sub-fund 36

We respectfully submit four (4) originals of a contract executed by Terracon Consultants, Inc.,for consideration and execution by the Board of County Commissioners. The contract is forprofessionally managed geotechnical research in the Arkansas River as required for thepreliminary design of the proposed Bixby Low Water Dam to be designed by CH2M HILL. TheTerracon contract amount of $35,625 is variable, based on the final quantities, site conditions,and tests performed. Specific contract unit rates for anticipated tasks are included as part oftheir proposal.

A proposal was requested from Terracon Consultants because of their recent and pastextensive experience performing geotechnical research in the Arkansas River in the Tulsaarea. In May of 2012, Terracon successfully performed very similar geotechnicalinvestigations for the Zink Dam Improvement Project also funded by Vision 2025 undercontract with Tulsa County and under the supervision of CH2M HILL. We believe that theirextensive experience involving geotechnical research in the Arkansas River for the Low WaterDams from the Sand Springs area through the Bixby area, and their possession of all-terraindrilling equipment suitable for the Arkansas River, justify their continued use for theseprofessional services. Terracon also has recently completed a geotechnical explorationproject for the City of Bixby in the Bixby Low Water Dam general area, making them alsofamiliar with the local site conditions. Terracon can perform the work with local forces andcompany-owned equipment. As climatic and river conditions can vary from day by day, it isimportant to have a fully-equipped local contractor for all phases of the work. It is also veryimportant to maintain consistency in these professional geotechnical investigative services, sothe engineering design effort has the benefit of utilizing consistent and reliable data for theArkansas River projects.

The Terracon proposal and agreement are attached for your review and approval. This new,proposed agreement was developed using the May, 2012 agreement form that was reviewedand approved by Tulsa County for the Terracon contract for Zink Dam geotechnical services in

Program Management Group, L.L.C.6411 S. Boulder Ave. • Suite 1200 • Tulsa, OK 74119(918) 582-7595 • Fax (918) 587-4763 • www.pmgtulsa.com

Ms. Linda DorrellFebruary 17, 2015Page 2

2012. Please initiate the formal review and approval process, and we request this be placedon the BOCC agenda as soon as possible as

this geotechnical research information is needed to perform the design tasks included in theCH2M HILL contract approved by the BOCC in January, 2015.

If you have any questions about this matter, please do not hesitate to contact me.

Respectfully ubmitted,

Gay~n Pinc, P.E.Program Management Group, L.L.C.

Enc.

1rerraconFebruary 16, 2015

Tulsa County500 South Denver Avenue, Room 322Tulsa, Oklahoma 741 03-3832

Attn: Ms. Linda Dorrell, Director of PurchasingP: [918] 596-5022E: ldorrell@tulsacounty.org

Re: Revised Proposal for Geotechnical Drilling and Laboratory Testing ServicesProposed Bixby Low Water DamTulsa, OklahomaTerracon Proposal No. P04150068 (Revised)

Dear Ms. Dorrell:

Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this revisedproposal to provide geotechnical drilling and laboratory testing services for the abovereferenced project. This revised proposal outlines our understanding of the scope of servicesand provides unit rate fees for our services.

We used the “Technical Memorandum, Scope of Work — Geotechnical Exploration Program forBixby Low Water Dam” dated January 26, 2015 prepared by CH2M HILL in preparing thisproposal.

We have performed geotechnical explorations for the nearby Mingo Road Water Line close tothe Arkansas River. We are familiar with the subsurface conditions in the Arkansas Riverchannel. Also, we have drilled several projects within the river channel. We have the requiredequipment and experienced personnel within our firm to perform the requested scope ofservices.

A. PROJECT INFORMATION

Project Description

ITEM DESCRIPTIONArkansas River Corridor, 1.4 miles south of the intersection of South

Location Mingo Road and East 131st Street South in Bixby, Oklahoma.We understand subsurface soil and rock information is needed for theProposed constructiondesign of the proposed Bixby Low Water Dam.

4 Terracon Consultants, Inc. 10930 East 56th Street Tulsa, Oklahoma 74146P 250 0461 F

Geotechnical • Environmental • Construction Materials • Facilities

Revised Proposal for Geotechnical Drilling and Laboratory Testing Services 1rerraconProposed Bixby Low Water Dam Tulsa, OklahomaFebruary 16, 2015 Terracon Proposal No. P04150068

B. SCOPE OF SERVICES

Borings: As requested, we will drill five borings for the project at the approximate locations shownon the plan included in CH2M HILL’s memorandum. One boring will be drilled at each river bankto a maximum depth of 100 feet. Three borings will be drilled in the river channel to a maximumdepth of 60 feet.

We will sample the overburden soils at approximate 2.5-foot intervals with the split-barrel samplerat the boring locations. If cohesive soils are encountered, we will collect undisturbed thin-walledShelby tube samples. When competent rock is encountered, we will advance the borings using anNX-size core barrel. We will wrap portions of the rock core for laboratory testing and place therock in core boxes.

We will observe and record groundwater levels during drilling and after completion of theborings. We will grout the borings full-depth after completion of each boring.

Upon completion of each boring, including grouting, all Terracon materials, including any wasteor supplies, will be collected and removed as the drilling equipment is moved to the nextborehole. We will be responsible for disposal of waste produced by Terracon drilling operation.Terracon will make reasonable repairs to any damaged turf, landscaping, pavements, curbs,sidewalks, or other infrastructure which are incurred during the investigation at our soleexpense. Terracon will provide erosion control and/or stabilization measures at all drill sites oraccess routes to comply with all applicable regulations. Under no circumstances, drilling fluids,oils, lubricants, hydraulic fluids, fuels, or other substances will be allowed to enter the water orsoil. We will placed a plastic sheet under the drill rig at each boring location to contain spills andleaks. Terracon will be responsible for all permits which may be required to complete theproject.

Layout: Terracon personnel will stake the boring locations in the field prior to mobilizing for thefield work. We have included a fee on our cost estimate for surveying services to be performedby Meshek & Associates, PLC.

Access: We will use an all-terrain, track-mounted drill rig to perform the borings. We willcoordinate the water flow generation along the river with Program Management Group (PMg)and the US Army Corps of Engineers to facilitate access to the river channel.

Our proposal does not include constructing access roads or obtaining any permits to performthe field work.

Conditions/Items to be provided by Client: Items to be provided by the client include the right ofentry to conduct the exploration and an awareness and/or location of any private subsurface

Reliable Resourceful Responsive

Revised Proposal for Geotechnical DrIlling and Laboratory Testing Services 1 rerraconProposed Bixby Low Water Dam Tulsa, OklahomaFebruary 16, 2015 Terracon Proposal No. P04150068

utilities existing in the area. We will contact Oklahoma One-Call Service (OKIE) for location ofutilities in public easements.

Laboratory Testing — Testing will include:

• Grain Size Distribution (no hydrometer)• Grain Size Distribution (with hydrometer)• Percent Fines Determinationa Water Content• Atterberg Limitsa Direct Shear Test on Undisturbed Samplesa One-Dimensional Consolidation• Unconfined compression strength test on rock core samples• Slake Durability

We will coordinate laboratory work of all soil and rock samples with CH2M HILL prior to testing.

ReDort — After completing the field exploration and testing, a report with the followinginformation will be prepared by or under the supervision of a Registered Professional Engineer:

• Boring Location Plana Computer generated boring logs• Laboratory test results (raw data will be included in an Appendix)• Summary of the field and laboratory testing programa Photos of each rock core run immediately after sample retrievala Photos of each completed core box

We understand geotechnical engineering analysis and design recommendations are not includedin this scope of work.

We will issue a draft report prior to submittal of the final report. Three hardcopies and oneelectronic copy of the report will be provided. In addition, we will provide PDF and CAD files of allfigures prepare for the final report.

Schedule — We anticipate the following schedule:

Begin field exploration within 2 weeks after receipt of written authorization to proceed, if siteand weather conditions permit

• Field work completed in about I week• Laboratory testing completed in 3 to 4 weeks of field work completion• Draft report submitted within I week of laboratory testing completion• Final report submitted within I week of receipt of the draft review comments

Reliable Resourceful Responsive

Revised Proposal for Geotechnical Drilling and Laboratory Testing Services rProposed Bixby Low Water Dam Tulsa, OklahomaFebruary 16, 2015 Terracon Proposal No. P041 50068

C. COPS ION

The scope of services will be performed in accordance with the unit rates shown on theattached Proposal Information Sheet. The Proposal Information Sheet also provides anestimated cost for our services. The actual cost of our services will vary depending on actualquantities performed. Unless instructed otherwise, the invoice will be sent to the addressee ofthis proposal.

D. AU ORI TIO

We appreciate your consideration of Terracon for this work and are available to address anyquestions or concerns you may have. We can be contacted at 918-250-0461, or via email atflaponterivera@terracon.com or mhhoman@terracon.com.

To authorize us to proceed with the proposed services please indicate by signing and returningone copy of the attached Agreement for Services.

Sincerely,Terracon Consultants, Inc.Cart. ofAuth. #CA-4531 exp. 6/30/15

/Fernando L. Aponte-Rivera, E.I.T. Michael H. Homan, P.E.Staff Geotechnical Engineer Regional Manager

FAR:MHH:tm

Attachments: Proposal Information SheetAgreement for Services

copies to: Addressee (1 via email)Mr. Gaylon Pinc,P.E. PMg — Program Management Group, LLC

Reliable Resourceful Responsive

Proposal Information SheetBixby Low Water Dam

Terracon Proposal No. P041 50068February 16, 2015

EstimatedUnit Price Quantity CostItem Unit

FIELD WORKMobilization, track-mounted drill rig Lump Sum $ 4,000.00 I $ 4,000.00Layout Borings (Terracon) Hour $ 160.00 2 $ 320.00Surveying Services (Elevation, Northing and Easting) Lump Sum $ 2,980.00 1 $ 2,980.00Drilling Coordination Hour $ 95.00 10 $ 950.00Rotary drilling, soil, vertical orientation, with split-barrel sampling Foot $ 20.00 150 $ 3,000.00Rotary drilling, rock, vertical orientation, NQ coring, O~-3O’ Foot $ 40.00 150 $ 6,000.00Rotary drilling, rock, vertical orientation, NQ coring, 30’-70’ Foot $ 46.00 80 $ 3,680.00Rock Coring Set Up Each $ 114.00 5 $ 570.00Environmental Control Equipment Lump Sum $ 300.00 1 $ 300.00Borehole Grouting Foot $ 9.00 380 $ 3,420.00

Field Work Subtotal: $ 25,220.00LABORATORY TESTINGGrain Size Distribution (no hydrometer) Each $ 90.00 10 $ 900.00Grain Size Distribution (with hydrometer) Each $ 155.00 5 $ 775.00Percent Fines Determination Each $ 25.00 10 $ 250.00Water Content Each $ 16.00 10 $ 160.00Atterberg Limits Each $ 80.00 5 $ 400.00Direct Shear Test on Undisturbed Samples Each $ 350.00 2 $ 700.00One-Dimensional Consolidation Each $ 540.00 2 $ 1,080.00Unconfined Compression Strength on Rock Core Samples Each $ 25.00 10 $ 250.00Slake Durability Each $ 125.00 10 $ 1,250.00

Laboratory Testing Subtotal: $ 5,765.00REPORTProject Engineer Hour $ 130.00 26 $ 3,380.00Senior Engineer Hour $ 95.00 4 $ 380.00CAD/Drafting Hour $ 80.00 8 $ 640.00Admininistrative Hour $ 60.00 4 $ 240.00

Report Subtotal: $ 4,640.00

TOTAL ESTIMATED COST: $ 35,625.00

irerraconReference No. P04150068

AGREEMENT FOR SERVICESThis AGREEM ENT is between Tulsa County (‘Client”) and Terracon Consultants, Inc. (Consultant”) for Services to be provided by Consultant forClient on the Proposed Bixby Low Water Dam project (“Project), as described in the Project Information section of Consultant’s Proposal datedFebruary 13, 2015, (“Proposal”) unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated intothis Agreement).1. Scope of Services. The scope of Consultant’s services is described in the Scope of Services section of the Proposal (“Services”), unless

Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of theServices may be subcontracted. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’sreports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safetyissues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separatesoftware license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by andfumished to Consultant at the time of the Services.

2. Acceptance. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute theServices, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client’s request, bothparties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional termsand conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchaseorder or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflictingterms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party.

3 Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests,Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for therequested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for thiswork according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described toConsultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.

4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensationsection of the Proposal unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement).If not stated in either, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they areissued. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at theaddress below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay theundisputed portion. Client agrees to pay all collection-related costs that Consultant incurs, including attomey fees. Consultant may suspend Servicesfor lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and tonotify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client,Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts inline with prevailing wages.

5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no thirdparty beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties. For a limitedtime period not to exceed three months from the date of the report, Consultant will issue additional reports to others agreed upon with Client,however Client understands that such reliance will not be granted until those parties sign and return Consultant’s reliance agreement and Consultantreceives the agreed-upon reliance fee.

6. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of theprofession currently practicing under similar conditions in the same locale. CONSULTANT MAKES NO WARRANTIES OR GUARANTEES.EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES ORWARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers’ compensation insurance in accordance with the lawsof the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insurance ($1,000,000); (ii)commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.l. and P.D. combinedsingle limit); and (iv) professional liability insurance ($1,000,000 claim I agg). Certificates of insurance will be provided upon request. Client andConsultant shall waive subrogation against the other party on all general liability and property coverage.

8. Dispute Resolution. This Agreement shall be governed by and construed according to Oklahoma law.

9. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, orother exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate areasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services;however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unlessspecifically included in the Services.

10. TestIng and Observations. Client understands that testing and observation are discrete sampling procedures, and that such proceduresindicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions basedon tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and areconducted to reduce - not eliminate - project risk. Client agrees to the level or amount of testing performed and the associated risk. Client isresponsible (even if delegated to contractor) for notifying and scheduling Consultant so Consultant can perform these Services. Consultant shallnot be responsible for the quality and completeness of Client’s contractor’s work or their adherence to the project documents, and Consultant’sperformance of testing and observation services shall not relieve Client’s contractor in any way from its responsibility for defects discovered in itswork, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s contractor or its subcontractors andis not responsible for their means and methods.

Agreement Reference Number (Terracon Proposal or Project Number): P04150068

11. Sample Disposition, Affected MaterIals, and Indemnity. Samples are consumed in testing or disposed of upon completion of tests(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or

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available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminatedmaterials (Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available.Client agrees that Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services, and that Clientis responsible for directing such disposition. In the event that test samples obtained during the performance of Services (i) contain substanceshazardous to health, safety, or the environment, or (ii) equipment used during the Services cannot reasonably be decontaminated, Client shall signdocumentation (if necessary) required to ensure the equipment and/or samples are transported and disposed of properly, and agrees to payConsultant the fair market value of this equipment and reasonable disposal costs. In no event shall Consultant be required to sign a hazardouswaste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriategovernmental agencies.

12. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’sproperty. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant.Files shall be maintained in general accordance with Consultant’s document retention policies and practices.

13. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall takereasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage tosubterranean structures or utilities that are not called to Consultant’s attention, are not correctly marked, including by a utility locate service, or areincorrectly shown on the plans furnished to Consultant.

14. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence andcomplete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safetymeasures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, includingClient, Client’s contractors, subcontractors, or other parties present at the site.

15. Termination. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paidcosts incurred and fees -arne. o the date of termination plus reasonable costs of closing the project.

~fr-I/ _________

Consultant: ~ac Co -~ Itants, Inc. Client: Tulsa CountyBy: / tate: _____________ By: ____________________________ Date: ________________

Name/Title: Mic aél . oman, P.E.IRegional Manager Name/Title:Address: 10930 E. 56th Street Address: 500 South Denver, Room 322Tulsa, Oklahoma 74146 Tulsa, Oklahoma 74103Phone: 918.250.0461 Fax: 918.250.4570 Phone: 918.596.5022 Fax: _____________________

Agreement Reference Number (Terracon Proposal or Project Number): P04150068

A~N~Y

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