Construction Materials Testing and Inspection

CONTRACT FOR PROFESSIONAL SERVICES
for
CONSTRUCTION MATERIALS TESTING SERVICES 2026 for
2026 CONSTRUCTION PROGRAM
Made this day of , 2026 between:
THE CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street, Ithaca, New
York, hereinafter called the "City,"
and
" Contractor to be determined "
hereinafter called "the Consultant." The City and the Consultant are collectively referred to herein
as the "parties," and this Contract for Professional Services is referred to herein as this
"Agreement."
WITNESSETH:
WHEREAS, the City requires certain services to be performed, as more particularly set forth in
Schedule A attached hereto and made a part hereof; and
WHEREAS, the Consultant wants to perform such services and the City wants to contract with the
Consultant to provide such services;
NOW, in consideration of the covenants, conditions, and provisions contained herein, it is hereby
AGREED as follows:
1. The Consultant agrees to perform the services set forth in Schedule A, which is attached
hereto and made a part hereof (the "Services"), in a manner and at such time or times as is
satisfactory to the City. The parties agree that the estimated final delivery date for the Services is
May 29, 2027.
2. The Consultant fees shall be calculated as set forth in Schedule B for the provision of
Services rendered for the list of projects set forth in Schedule A; the proposal's total estimate is
provided on Schedule C. The parties expressly agree that the total fee shall not exceed
$__________without written authorization from the City of Ithaca.
3. The relationship of the Consultant to the City is that of an independent contractor. As such,
the Consultant shall receive no fringe benefits from the City including, but not limited to, medical
insurance, benefits or remuneration other than that set forth in paragraph 2 hereinabove.
4. The Consultant shall provide a Corporate Resolution naming the person or persons with
the authority to sign contract documents on behalf of the Consultant.
5. The City may terminate this Agreement at any time without cause, in which case the
Consultant shall be paid pro rata for the satisfactory work performed to date of termination.
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6. The Consultant understands that the Projects listed in Schedule A and delineated in the
Appendix are shown for reference only: The listed Projects are contingent on acquiring the funding
resources necessary to complete the projects. Projects that do not qualify for funding shall not be
performed. The City will direct the Consultant on projects to be completed on an as-needed basis.
7. The Consultant agrees that the estimated quantities given in the bid are only for the
purpose of the City comparing bids and that the Consultant is satisfied with and will at no time
dispute the estimates as a means of comparing the aforesaid bids, that the Consultant will make
no claim for loss of profits or anticipated profits because of any difference between the estimated
quantities and the quantities of the various classes of work actually furnished or performed.
Additional information to this end is specified in Schedule A.
8. The Consultant shall fully defend, indemnify, and hold harmless the City, its respective
elected officials, public officers, boards, committees, employees, members and agents from and
against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements,
judgments, costs and expenses (including without limitation reasonable attorney's fees and costs),
whether or not involving a third party claim, which any or all of them may incur, resulting from
bodily injuries (or death) to any person, damage (including loss of use) to any property, other
damages, or contamination of or adverse effects on the environment, caused by the acts or
omissions of Consultant or Consultant's employees, agents or subcontractors, in connection with
this Agreement. To the extent the City is negligent, the Consultant's duty to indemnify the City of
Ithaca shall not extend to the proportion of loss attributable to the City's negligence.
9. Nondiscrimination Clause. The Consultant will not discriminate against any employee,
applicant for employment, subcontractor, supplier of materials or services or program participant
because of actual or perceived age; creed; color; disability; domestic violence victim status;
ethnicity; familial status; gender; gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing genetic characteristics; race;
religion; sex; sexual orientation; socioeconomic status; or weight.
10. In accordance with the provisions of N.Y. General Municipal Law 109, the Consultant is
hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this
Agreement to any person or corporation without the prior written consent of the City.
11. Workers Compensation and Disability Coverage. A condition for entry into this Agreement is
the presentation by the Consultant of either proof that the consultant provides the levels of worker
compensation and disability coverage required by the State of New York or that the Consultant is
not required to provide such coverage.
12. This Agreement shall be governed under the Charter and Municipal Code of the City of
Ithaca and the laws of the State of New York without regard to, or the application of New York
State's choice of law provisions. The parties further agree that the Supreme Court of the State of
New York, held in and for the County of Tompkins shall be the forum to resolve disputes arising
out of either this Agreement or work performed according thereto, and the parties consent to the
jurisdiction of such court.
13. This Agreement and its Schedules and Appendices included therein are to be read as a
whole, but nothing contained in the Schedules, Appendices, or other documents shall override or
modify the terms of this Agreement.
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14. This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original and all of which, taken as a whole, shall constitute one and the same
Contract for Services.
15. The City/Municipality reserves the right to extend this contract, subject to the approval of
funding and review of the services provided, for [Number, e.g., three (3)] additional
[Number, e.g., one (1)] year terms. Extensions shall be upon the mutual written agreement
of both the Service Provider and the City/Municipality. The City/Municipality will not
consider contract extensions that include any increase in unit prices, except as allowed in
the 'Price Adjustment' section of this contract.
CITY OF ITHACA:
BY: ________________________________________
Dominck Reckio, City Manager
DATE: _____________________________________
CONSULTANT:
BY:__________________________________
PRINTED NAME: ______________________
TITLE:_______________________________
ID OR SS#:___________________________
DATE:_______________________________
APPROVAL AS TO FORM:
By:
City Attorney Date
By: ________________________________________
City Controller Date
By: ________________________________________
Robert G. Cantelmo, Mayor Date
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Schedule A - Scope of Services
Services Overview.
The Consultant shall provide the following services for VARIOUS City of Ithaca construction
projects: On-call-as-needed testing and inspection services for various building, soils, concrete,
paving components and construction materials/activities associated with the City of Ithaca's 2025
Construction Programs. Typical projects include but are not limited to:
1. Ithaca Sidewalk Improvement District (SID 2026)
2. DPW Street & Facilities Projects 2026
3. Cayuga Waterfront Asphalt Trail Repairs Project
4. Cass Park Bathroom Project
5. Seneca Street Parking Garage Repairs 2026
6. City of Ithaca Street Permits Work 2026
7. Miscellaneous City Projects 2026
The Consultant shall have no responsibility for the discovery, presence or removal of any
hazardous materials.
Contacts. The City of Ithaca shall designate a primary contact as the City's representative.
The City will also provide to the Consultant a List of Project Managers with their contact
information and respective specific projects information. That way, the Consultant can have
precise information for when preparing inspections' and services' payment applications (each a
"Pay App") and to which project manager addressing, directing and billing to on its Pay App.
Pay Application Information. The Consultant shall include/provide the following
information on each Pay App:
1. City Project Number ID
2. Project Manager Full Name
3. Description of Services
- Specific Tests and Services description rendered on that project with the following:
Date, time and its unit fee for the time Consultants' technician/representative's
services that were provided on the specific project for the timeframe or dates
identified on the Invoice/Payment App.
Additional Requirements. The Consultant shall also provide the following:
1. a direct contact with phone number and email address into which the City can coordinate
and schedule inspection services for the construction projects;
2. additional services upon written authorization by the City of Ithaca;
3. a unit price for soil borings per Linear Foot (LF). It shall be assumed that these borings do
not extend into any sub-surface rock formations. The boring may or may not be through an
existing paving or concrete section. If a core is required to be taken of a paving or concrete
section (AOBE), the core shall be paid for separately under Coring Equipment and Bit Ware
items.
The Consultant shall generate and deliver to the City the results of the testing and inspection in
the form of a technical report. The reports shall be reviewed and signed by a Professional
Engineer (PE), Engineer in Training (EIT), or other qualified person, certifying that the testing and
inspection was done according to the industry standards and the results are correct.
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The Consultant agrees that the estimated quantities given in the bid are only for the
purpose of the City comparing bids and that the Consultant is satisfied with and will at no time
dispute the estimates as a means of comparing the aforesaid bids, that the Consultant will make
no claim for loss of profits or anticipated profits because of any difference between the estimated
quantities and the quantities of the various classes of work actually furnished or performed, that
the City will not be held responsible if any of the estimated quantities should be found to not even
approximate those actually measured during performance of the work/Services, and the City may
direct an increase, decrease or omission of the quantities of any class or part of the Services as
may be deemed necessary or desirable.
Note: In the case that any City project is determined to require a specific inspection/testing
program meeting all the testing, acceptance criteria and performance requirements specified on
the new NYSDOT Standard Specifications and the following Material Procedures documents,
1. MP 501-1 Plant Production Requirements and Procedures for Portland Cement Concrete Facilities
2. MP 501-2 Mix Design and Approval procedures for Performance Engineered Mixtures - Structural Concrete
3. MP 501-3 Quality Control - Plant and Field Inspection for Portland Cement Concrete (PCC); and
4. MP 501-4 Quality Assurance - Field Inspection of Portland Cement Concrete,
these technical documents establish a new Quality Control/Quality Assurance Program with
different acceptance criteria requiring different standard tests to be performed on specific concrete
applications already established by NYSDOT. The City representative will determine and inform
the Inspection agency ahead of time if the specific project will follow Performance Engineered
Mixes (PEM) Acceptance Criteria. Please refer to Appendix Table 2 at the end of this document.
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Schedule B - Fees
The Consultant shall be paid on the basis of the following unit fee schedule:
Unit
Service Description
Fee
Materials Testing Technician ......................................................... $ /half day
............................................................................................. $ /day
Technical Representative .............................................................. $ /half day
............................................................................................. $ /day
Materials Specialist .................................................................... $ /half day
.............................................................................................. $ /day
Project Manager.......................................................................... $ /hour
Licensed Professional Engineer...................................................... $ /hour
Compressive Strength Test of 4 x 8 and 6 x 12 Concrete Cylinder.............. $ /test
2 inch Mortar Cube................................ $ /test
Grout (3 x 3 x 6).................................... $ /test
Prisms................................................ $ /test
Microwave Oven Testing Equipment............................................. $ /day
Coring Equipment...................................................................... $ /day
Bit Ware.................................................................................. - /inch/inch
Drying Shrinkage....................................................................... - /test
Water Soluble Chloride Content Test(ASTMC1218)...........................
Total Soluble Chloride (AASHTO T-260)..........................................
Paste volume maximum 25% as defined by AASHTO PP84 $ /test
Resistivity >16.5 k-cm using AASHTO T358 $ /test
Super Air Meter (SAM) number <0.20 using AASHTO T395 $ /test
Hardened Air Content (ASTM C457) ...............................................
Corrosion Inhibitor (NCTP #C-20.0)................................................
3 14 inch ID Hollow Stem Auger Boring............................................ $ /LF
Ultrasonic Equipment.................................................................. - /day
Asphalt Content and Aggregate Sieve Analysis................................. $ /test
Moisture-Density Relationship Test (Proctor-AASHTO T-99)............... $ /test
Soil Classification -Sieve Analysis with/% fines - ASTM D422 $ /test
Plasticity Index - Atterberg Limits - ASTM D4318 $ /test
Laboratory CBR - ASTM D1883 $ /test
Specific Gravity of Soil................................................................ $ /test
Maximum Theoretical Specific Gravity (Asphalt)................................. $ /test
Nuclear Moisture Density Gauge.................................................... - /visit
Sample Pick-Up Service............................................................... - /visit
Expendables/Subcontract Services................................................... $ Cost + 10%
Administrative and Reporting Fee................................................... % of Invoice
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Schedule C - Budget Estimate
Basis of Unit
Project Extension
Payment Price
1. Ithaca Sidewalk Improvement District 2026
Excavation, Backfill, Compaction and Concrete
1. Moisture-Density Relationship Test (Proctor) 2 tests
2. Asphalt Content & Sieve Analysis tests
3. Max Theoretical Specific Gravity (Asphalt) tests
4. Nuclear Compaction Test - Soils & Asphalt 6 Visit
Note: Every 100 ft. of Length max
Concrete Testing and Inspection
5. Field Testing per ACI Grade I(Material Testing Tech) 10 days
6 half days
6. Test cylinders 90 cylinders
7. Administrative and Reporting Fee %
Note: Approximately Vol=390 CY of Concrete Subtotal $
2. DPW Streets and Facilities Projects 2026
Concrete Testing and Inspection
1. Field Testing per ACI Grade I(Material Testing Tech) 4 days
2 half days
2. Test cylinders 30 cylinders
3. Moisture-Density Relationship Test (Proctor) 2 tests
4. Sieve Analysis 2 tests
5. Nuclear Compaction Test, Soils & Asphalt 12 days
4 half days
6. Asphalt Content & Sieve Analysis 2 tests
7. Max Theoretical Specific Gravity (Asphalt) 2 tests
8. Administrative and Reporting Fee %
Subtotal $
3. Cayuga Waterfront Asphalt Trail Repairs Project
Excavation, Backfill, Compaction and Concrete
1. Moisture-Density Relationship Test (Proctor) 2 tests
2. Asphalt Content & Sieve Analysis 2 tests
3. Max Theoretical Specific Gravity (Asphalt) 2 tests
4. Nuclear Compaction Test - Soils & Asphalt 4 Visit
Note: Every 100 ft. of Length max
Concrete Testing and Inspection
5. Field Testing per ACI Grade I(Material Testing Tech) days
half days
6. Test cylinders cylinders
7. Administrative and Reporting Fee %
Subtotal $
4.Cass Park Bathroom Project
Excavation, Backfill, Compaction and Concrete
1. Moisture-Density Relationship Test (Proctor) 1 tests
2. Asphalt Content & Sieve Analysis tests
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3. Max Theoretical Specific Gravity (Asphalt) tests
4. Nuclear Compaction Test - Soils & Asphalt 20 Visit
Note: Every 100 ft. of Length max
Concrete Testing and Inspection
5. Field Testing per ACI Grade I(Material Testing Tech) 1 days
1 half days
6. Test cylinders 20 cylinders
7. Administrative and Reporting Fee %
Subtotal $
5. Seneca Street Parking Garage Repairs 2026
Concrete Testing and Inspection
1. Field Testing per ACI Grade I(Material Testing Tech) 2 days
2 half days
2. Test cylinders 20 cylinders
3. Moisture-Density Relationship Test (Proctor) tests
4. Sieve Analysis tests
5. Nuclear Compaction Test, Soils & Asphalt days
half days
6. Administrative and Reporting Fee %
Subtotal $
6. City of Ithaca Street Work Permits 2026
Concrete Testing and Inspection
1. Field Testing per ACI Grade I(Material Testing Tech) 4 days
2 half days
2. Test cylinders 24 cylinders
3. Moisture-Density Relationship Test (Proctor) 2 tests
4. Sieve Analysis 2 tests
5. Nuclear Compaction Test, Soils & Asphalt 4 days
2 half days
6. Administrative and Reporting Fee %
Subtotal $
7. Miscellaneous City Projects 2026
Excavation, Backfill, Compaction and Concrete
1. Moisture-Density Relationship Test (Proctor) 1 tests
2. Asphalt Content & Sieve Analysis 1 tests
3. Max Theoretical Specific Gravity (Asphalt) 1 tests
4. Nuclear Compaction Test - Soils & Asphalt 4 Visit
Note: Every 100 ft. of Length max
Concrete Testing and Inspection
5. Field Testing per ACI Grade I(Material Testing Tech) 2 days
2 half days
6. Test cylinders 20 cylinders
7. Administrative and Reporting Fee %
Subtotal $
Contingency
*Contract Not to Exceed Total: $
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Appendix
Materials Procedure: MP 501-2
Table 2 Concrete Mixtures Acceptance Criteria
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