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R2005-0068 04-11-05 RESOLUTION NO. R2005-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A STANDARDIZED CONTRACT FOR MATERIALS TESTING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH HBC TERRACON, GEOTEST ENGINEERING, QC LABORATORIES AND PSI ENGINEERING FOR MATERIALS TESTING SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland, HBC Terracon, Geotest Engineering, QC laboratories and PSI Engineering, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with HBC Terracon, Geotest Engineering, QC laboratories and PSI Engineering, for Materials Testing Services. PASSED, APPROVED and ADOPTED this the 11th day of Apri 1 , A.D., 2005. ATTEST: '~/ojLI I~ G ~ ~"T~ C_.~ ~,yTY SEGI~ETARY" APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR DOCUMENT FILING REQUEST RP-482 Description:. Evergreen Contract w/ Geotest Engineering Type: Eng. Svcs. Agreement Search String Parameters: Materials Testing Requested By: Robin Pitcock Project Management 05/04/05 Authorized by: Bill Eisen Amount $200,000.00 TABLE OF CONTENTS Page No. PREMISES ....................................................................................... 3 ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 DEFINITIONS ................................................................. 4 SERVICES TO BE PERFORMED .......................................... 4 PERIOD OF PERFORMANCE ............................................. 5 WORK AUTHORIZATIONS ................................................ 5 INSPECTION OF SERVICES ............................................... 5 COMPENSATION ............................................................ 6 INVOICING AND PAYMENT ............................................. 7 CONSULTANT' S INSURANCE ........................................... 9 WAIVER OF SUBROGATION ............................................. 11 INDEMNIFICATION AGREEMENT ..................................... 11 COMPLIANCE WITH LAWS .............................................. 12 CONSULTANT'S REPRESENTATIVE .................................. 12 RESPONSIBILITY OF THE CONSULTANT ........................... 12 FORCE MAJEURE ........................................................... 13 CONSULTANT'S KEY PERSONNEL .................................... 13 SUBCONSULTANTS .........................................................13 CHANGES ...................................................................... 14 DISPUTES ...................................................................... 14 SUSPENSION OF WORK ................................................... 14 TERMINATION ............................................................... 15 OTHER CONTRACTS ....................................................... 16 PATENT INDEMNITY .......................................................16 OFFICIALS NOT TO BENEFIT ............................................ 16 COVENANT AGAINST CONTINGENT FEES .......................... 16 DISSEMINATION OF CONTRACT INFORMATION ................. 17 CONFIDENTIAL INFORMATION ....................................... 17 PREPARATION OF MATERIAL TESTING ESTIMATE ............ 17 RIGHTS IN DESIGNS AND DATA ....................................... 17 1 of 24 4/15/2005 ARTICLE 29 ARTICLE 30 ARTICLE 31 ARTICLE 32 ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ASSIGNMENT ................................................................. 18 AUDIT AND AVAILABILITY OF RECORDS .......................... 18 ADMINISTRATIVE CONTROL OF CORRESPONDENCE .......... 19 M1NUTES OF MEET1NGS .................................................. 19 INDEPENDENT CONTRACTOR .......................................... 19 SEVERABILITY ............................................................... 19 WAIVERS ...................................................................... 20 INTERPRETATION, JURISDICTION AND VENUE .................. 20 RIGHTS AND REMEDIES .................................................. 20 ENTIRE AGREEMENT ...................................................... 20 SIGNATURE PAGE .......................................................... 21 EXHIBIT "A" SCOPE OF SERVICES ........................................................ 22 EXHIBIT "B" WORK AUTHORIZATION .................................................. 24 EXHIBIT "C" SCHEDULE OF FEES ......................................................... 25 2 of 24 4/15/2005 STATE OF TEXAS § COUNTY OF BRAZORIA § This Contract, made and entered into by and between the City of Pearland, hereinafter called and referred to as "CITY", and Geotest Engineering, hereinafter called and referred to as the "Consultant". PREMISES WHEREAS, CITY requires a consultant to perform material testing services on an "as required" basis; and WHEREAS, CITY previously issued a request for qualifications and received letters of interest and statements of qualifications from firms, for providing to CITY material testing services, from which CITY selected qualified teams for providing such services; and WHEREAS, the Consultant was found to be one of the most highly qualified firms to perform the required services; and WHEREAS, CITY wishes to engage the Consultant for performance of these material testing services on an "as required" basis. NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants hereinafter contained, the aforesaid parties to this Contract have agreed and, by these premises, do agree as follows: 3 of 24 4/15/2005 ARTICLE 1 DEFINITIONS A. The term "City Manager" means the City Manager of the City of Pearland and the term "duly authorized representative" means any person specifically authorized to act for the City Manager. These representatives are authorized to obligate CITY by executing this Contract and any modification thereto. B. The term "Projects Director" means the Projects Director of the City of Pearland, who has been designated the responsibility, by the City Manager, for overall administration of the Contract, excluding the execution of Contract modifications. C. The term "Project Manager" means the individual(s) designated to act on behalf of CITY in monitoring the technical quality and progress of the Consultant's Services and certifying as to its acceptability under the terms of the Contract. D. The term "Services" means all material testing services as specified or indicated in the Contract documents, including all alterations, amendments or extensions thereto made by authorized changes. E. The term "Subcontract" means any agreement including purchase orders (other than one involving an employer - employee relationship) entered into between the Consultant and a subcontractor calling for services, labor, equipment and/or materials required for Contract performance, including any modifications thereto. F. The terms "Subconsultant", "Subcontractor" and "Supplier" mean any individual, partnership, firm, corporation or joint venture who contracts with the Consultant to furnish services, labor, equipment and/or materials under this Contract. As used herein, the terms "Subconsultant", "Subcontractor" and "Supplier" are synonymous. ARTICLE 2 SERVICES TO BE PERFORMED In response to the issuance of Work Authorizations by CITY, the Consultant shall, except as may be specified elsewhere in this Contract, furnish all labor, supervision, management, facilities, materials, tools, equipment, supplies and services necessary to provide material testing services, (hereinafter called the "Services"), as required by the specific Work Authorization. All Services shall be performed in accordance with the "Scope of Services" attached hereto as Exhibit "A", and made a part hereof. 4 of 24 4/15/2005 ARTICLE 3 PERIOD OF PERFORMANCE A. The period of performance under this Contract shall be for a two (2) year period after the effective date of this Contract, unless otherwise extended or terminated by CITY in accordance with the terms and conditions of this Contract. B. The period of performance for each Work Authorization shall be as specified. The Consultant agrees that it shall exert every reasonable effort necessary to meet the required performance schedule established in each Work Authorization. The Consultant agrees to notify CITY immediately if, at any time, it appears that the performance schedule set forth in each Work Authorization cannot be met. Such notification shall include the reasons for any possible delays and steps being taken to remedy any such problems. Nothing herein shall be interpreted as waiving remedies otherwise available to CITY. ARTICLE 4 WORK AUTHORIZATIONS A. Performance of the Services contemplated in this Contract shall be undertaken only upon the issuance of written Work Authorizations by the CITY Projects Director. The format for the Work Authorization document itself shall be as indicated in the "Work Authorization" form, Exhibit "B", except that the Projects Director may add such other items of information as he may deem necessary to accurately describe the requirement of that particular Work Authorization. B. Work Authorizations may be amended by the CITY Projects Director in the same manner as they are issued. C. CITY reserves the right to contract with other sources for the provision of similar services. D. Work Authorizations issued prior to and in effect at the time of the expiration date of this Contract shall continue to be in effect and performed by the Consultant until such time as all requirements have been met and a written acceptance of the Services performed has been made by CITY's Project Manager. ARTICLE 5 INSPECTION OF SERVICES A. The Consultant shall provide and maintain a quality control and service inspection system acceptable to CITY covering the Services under this Contract. Complete records of all inspection services performed by the Consultant shall be maintained and made available to CITY during Contract performance and for a three (3) year period after the term of the Contract. 5 of 24 4/15/2005 B. CITY has the right to inspect and test all Services called for by the Contract, to the extent practicable at all times and places during the term of the Contract. CITY shall perform inspections and tests in a manner that will not unduly delay the Services. C. If any of the Services do not conform with Contract requirements, CITY may require the Consultant to perform the Services again in conformity with Contract requirements, at no additional compensation. D. When the defects in Services cannot be corrected by performance, CITY may: Require the Consultant to take necessary action to ensure that future performance conforms to Contract requirements; and Reduce the Contract price to reflect the reduced value of the Services performed. E. If the Consultant fails to promptly perform the Services again or take the necessary action to ensure future performance in conformity with Contract requirements, CITY may: By contract or otherwise, perform the Services and charge to the Consultant any cost incurred by CITY that is directly related to the performance of such Services; or 2. Terminate the Contract for default. ARTICLE 6 COMPENSATION A. The Consultant shall be compensated for Services performed as follows: The appropriate hourly rates prescribed in the "Price Schedule", Exhibit "C", Section 1, multiplied by the number of direct labor hours actually performed. The rates shown are all-inclusive hourly rates. No other charges shall be levied for personnel services performed. Fractional parts of an hour shall be payable on a prorated basis. In the event that contract or temporary employees are required in the performance of this Contract, the Consultant shall be reimbursed for the direct costs of such employees, up to the maximum for the applicable discipline as identified in Exhibit "C". Reimbursement for personnel expenses for those individuals who are not permanent employees is limited to direct labor costs only. Such reimbursement is not subject to added overhead and fees. Only those reimbursable items as identified in the basic Contract in Exhibit "C", Section 10000, will be reimbursed when the item is identified as a requirement in each Work Authorization issued against this Contract. No 6 of 24 4/15/2005 reimbursable item shall be included in Consultant's invoice without first having had the prior approval of CITY's Project Director. o Unless a Work Authorization prescribes otherwise, the hourly rates for personnel (other than field technicians) shown in Exhibit "C", Section 1, shall not be varied by virtue of the Consultant having performed work on an overtime basis. If no overtime rates have been provided for in the Work Authorization and overtime work has not been approved in advance by the Project Manager, overtime rates shall not apply to these personnel. All overtime for field technicians shall have the written authorization of CITY. Consultant's compensation for all approved overtime shall be in accordance with the Fair Labor Standards Act. The Consultant agrees to perform the Services specified in each Work Authorization at the established hourly and/or other unit rates. If at any time during performance of this Contract, the Consultant has reason to believe that the total price to CITY for performing a Work Authorization may exceed the amount stated in a Work Authorization, the Consultant shall notify the Contracting Officer in writing, giving a revised estimate of the total price for performing the Work Authorization with supporting reasons and documentation. B. CITY's total obligation for all Services performed under this Contract shall not exceed two hundred thousand and no/100 Dollars ($200,000.00). ARTICLE 7 INVOICING AND PAYMENT A. The Consultant shall submit to CITY by the tenth of each month, no later than one (1) month in arrears, a progress invoice for each active Work Authorization, unless a single payment has been prescribed for a particular Work Authorization, and a final invoice for each completed Work Authorization. Such invoices shall be in such form as CITY may require for compensation. B. Invoices shall be submitted utilizing an Application for Payment Form acceptable to CITY, which shall as a minimum, include the Contract Number, the applicable Work Authorization, the Services performed, the period covering the Services performed, the number of hours worked and/or reimbursables provided in performance of the Services, at rates in accordance with the "City of Pearland Schedule of Fees", and be substantiated by furnishing one (1) copy of applicable evidence of wage payments, individual daily or weekly job timecards or such other substantiation as is required by the Project Manager. C. CITY shall pay the amount due the Consultant under this Contract after: 1. Completion and acceptance of all Services for the invoiced period; 2. Presentation of a properly prepared invoice; 7 of 24 4/15/2005 o Presentation with the final invoice for each Work Authorization of a release of all claims against CITY arising by virtue of this Contract, other than claims, in stated amounts, that the Consultant and/or subconsultants have specifically excepted from the operation of the release. A release may also be required of the assignee if the Consultant's claim to amounts payable under this Contract has been assigned. D. The Consultant shall submit invoices to the following address: City of Pearland Project Assistant 3519 Liberty Drive Pearland, TX 77581 E. Subconsultant and Supplier Payments: The Consultant shall provide payment to each subconsultant and supplier within five (5) calendar days after receiving payment from CITY for amounts previously invoiced for services performed or materials furnished under the Contract. Subcontract payment provisions shall require payments to subconsultants within five (5) calendar days after the prime Consultant receives payment from CITY. Interest on late payments is subject to the provisions of Government Code, Title 10, Chapter 2251, Vernon Texas Codes Annotated regarding payments to subcontractors. In the event of disputed amounts, the Consultant shall provide a written response to a subconsultant or supplier, with a copy to the Project Manager, specifically addressing any disputed amounts on invoices. The Consultant should resolve all disputed invoices at the earliest time to avoid a delay in the submission of required subconsultant/supplier payment certifications which could delay payment to the Consultant. In the event that the Consultant cannot resolve a subconsultant or supplier disputed invoice, the Consultant should bring the matter to the attention of the Project Manager at the time of submitting the Consultant's invoice for payment. The Projects Director will investigate the situation and make a determination whether the Consultant's invoice should be processed for payment without the required subconsultant or supplier certification. The Projects Director will not mediate the dispute between the Consultant and any subconsultant or supplier in the resolution of disputed invoices. F. Progress Assessment Report of Work Subcontracted and Payment Certifications: Invoices shall contain the Contract number and shall be accompanied by a Progress Assessment Report of Work Subcontracted and Subcontractor/ Subconsultant/Supplier Payment Certification. The report and certifications shall be submitted in an original and one copy. The Consultant shall provide the following certification with each Progress Assessment Report of Work 8 of 24 4/15/2005 Subcontracted: "I hereby certify that (Consultant) has made timely payments from proceeds of prior payments, and will make payments within ten (10) days of receipt of funds now due from City of Pearland to our subconsultants and suppliers in accordance with contractual arrangements with them". Failure of the Consultant to submit a Progress Assessment Report of Work Subcontracted or any required certification forms will be cause for the return of the invoice to the Consultant as an improperly prepared invoice. o In the event that no invoice is due for the past month, a Progress Assessment Report of Work Subcontracted shall nevertheless be completed and forwarded to the Project Manager without subconsultant/supplier certifications. G. CITY is exempt from payment of Texas Sales and Use Tax. The CITY's Taxpayer Identification Number is 74-6028909. The Consultant's invoices shall not contain assessment of these taxes. H. Payments will be made within fifteen (15) calendar days after receipt of a properly prepared invoice, or acceptance of the applicable Services, whichever is later. Payments shall be considered made when CITY deposits Consultant's payment in the mail. Interest on payments under this Contract shall accrue and be paid only in accordance with Government Code, Title 10, Chapter 2251, Vernon Texas Codes Annotated which shall be the Consultant's sole remedy under this Article. All products and deliverables resulting from Services performed and covered by payments made shall, at the time of payment, become the sole property of CITY, but this provision shall not be construed as: Relieving the Consultant from the sole responsibility for all products and deliverables upon which payments have been made or the re- accomplishment of any inaccurate work; or as b. Waiving the fight of CITY to require the fulfillment of all of the terms of the Contract. ARTICLE 8 CONSULTANT'S INSURANCE A. The Consultant shall purchase and maintain in effect during the entire period of this contract, including engineering support services during construction, insurance of the types and with minimum limits of liability as stated below. Such insurance shall protect Consultant from claims which may arise out of or result from Consultant's operations whether such operations are performed by Consultant or by any subconsultant or by anyone for whose acts any of them may be liable. 9 of 24 4/15/2005 WORKERS' COMPENSATION INSURANCE providing Statutory Benefits in accordance with the Workers' Compensation Act of the State of Texas and/or any other State or Federal law as may be applicable to the work being performed under this contract. EMPLOYER'S LIABILITY INSURANCE with limits of liability not less than: $100,000 Each Accident $100,000 Each Employee for Disease $500,000 Policy Limit for Disease o COMPREHENSIVE GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE including, Personal Injury Liability and Contractual Liability with limits of liability not less than: $1,000,000 Each Person for Injury or Death $1,000,000 Damage to or Destruction of Property $1,000,000 Each Occurrence AUTOMOBILE LIABILITY INSURANCE covering all owned, hired and non-owned motor vehicles used in connection with the work being performed under the contract with limits of liability not less than: $1,000,000 Each Person for Injury or Death $1,000,000 Each Occurence $1,000,000 Each Occurrence for Property Damage o PROFESSIONAL LIABILITY INSURANCE, with limits of liability not less than: $1,000,000 Aggregate $1,000,000 Each Claim B. The policies providing Commercial General Liability and Automobile Liability insurance as required in Paragraphs A.3 and A.4 shall be endorsed to name CITY, its directors and employees as Additional Insureds as respects Consultant's operations in performance of this contract. C. All policies providing Consultant's insurance as required in Paragraphs A. 1, A.2, A.3, A.4 and A.5 above shall be endorsed to provide thirty (30) days written notice of cancellation or non-renewal to CITY at the address designated elsewhere in the contract for Notices. D. The limits of liability as required above may be provided by a single policy of insurance or by a combination of primary, excess or umbrella policies. But in no event shall the total limits of liability available for any one occurrence or accident be less that the amount required above. E. All policies of insurance presented as proof of compliance with the above requirements shall be on forms and with insurance companies approved by CITY. All such insurance policies shall be provided by insurance companies having Best's ratings of B+ or greater and VI or greater (B+/VI) as shown in the most current issue of Best's Key Rating Guide. Policies of 10 of 24 4/15/2005 insurance issued by insurance companies not rated by Best's or having Best's ratings lower than B+/VI will not be accepted as complying with the insurance requirements of the contract unless such insurance companies were approved in writing prior to award of contract. F. Proof of compliance with these insurance requirements shall be furnished CITY in the form of an original certificate of insurance signed by an authorized representative or agent of the insurance company(ies), within fourteen (14) days of notice of award of contract and before any work under this contract will be allowed to commence. Certificates will be unacceptable unless they clearly show that all of the above-stipulated requirements have been met. Renewal or replacement certificates shall be furnished CITY not less than fourteen (14) days prior to the expiration or termination date of the applicable policy(ies). Otherwise, CITY may halt all work under this contract upon expiration or other termination of any required coverage, and work will not be allowed to resume until a satisfactory renewal certificate is received. G. Consultant shall require any and all subconsultants performing work under this contract to carry insurance of the types and with limits of liability as Consultant shall deem appropriate and adequate for the work being performed. Consultant shall obtain and make available for inspection by CITY upon request current certificates, of insurance evidencing insurance coverages carded by such subconsultants. ARTICLE 9 WAIVER OF SUBROGATION Consultant agrees to waive all rights of subrogation or recovery against CITY, its directors, employees and agents arising out of any claims for injury(ies) or damages resulting from the work performed by or on behalf of Consultant under this agreement and/or the use of any CITY premises or equipment in the performance of this agreement. ARTICLE 10 INDEMNIFICATION AGREEMENT A. Consultant agrees to and shall indemnify and hold harmless CITY, its directors and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, for bodily injury, sickness, disease or death of any person, or for damages to any property, including consequential damages or loss of use thereof, brought or recoverable by third parties against CITY, its directors and/or employees and arising out of or resulting from any negligent act or omission by Consultant in the performance of this contract. B. The indemnity provided for in this Article shall have no application to any claim, loss or damage, cause of action, suit or liability brought or recoverable against CITY, its directors and/or employees to the extent the injury, death or damage results from a negligent act or omission by CITY. 11 of 24 4/15/2005 ARTICLE 11 COMPLIANCE WITH LAWS The Consultant shall give all notices and comply with all Federal, State and Municipal laws, ordinances, rules, regulations and orders of any public authority bearing on the performance of this Contract, including, but not limited to, the laws referred to in this Contract. If the Consultant or CITY observes that this Contract is at variance therewith in any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate contract modification. Upon request, the Consultant shall furnish to CITY certificates of compliance with all such laws, ordinances, rules, regulations and orders. ARTICLE 12 CONSULTANT'S REPRESENTATIVE A. The Consultant designates its Project Representative to act as the Consultant's representative, which Project Representative may be changed by the Consultant fi.om time to time, with the written approval of CITY. Such person shall have authority to transmit instructions, receive information, and represent the Consultant in all matters with regard to the Project. The Project Representative may, from time to time, designate other personnel to exercise his responsibilities and obligations hereunder. B. All notices to either party by the other shall be delivered personally or sent by U.S. registered or certified mail, postage prepaid, addressed to such party at the following respective addresses for each: 1. CITY: Project Assistant City of Pearland 3519 Liberty Drive Pearland, TX 77583 2. Consultant: and shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change of address to the other in the manner provided for above. ARTICLE 13 RESPONSIBILITY OF THE CONSULTANT A. The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all services furnished by the Consultant under this Contract. The 12 of 24 4/15/2005 Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his services. B. The Consultant shall provide all necessary supporting calculations and back-up documentation as requested by CITY, including all subcontracts, basic agreements and work orders. C. If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder. ARTICLE 14 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the terms specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, by order of any court, legislative action, act of God, or specific cause reasonably beyond the parties' control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with CITY. ARTICLE 15 CONSULTANT'S KEY PERSONNEL Consultant's list of key personnel shall be submitted to CITY, and these personnel are considered to be essential to performance of any of the Services being contemplated hereunder. Prior to substituting other personnel for any of the individuals specified, the Consultant shall notify CITY reasonably in advance and shall submit justification in sufficient detail to permit evaluation of the impact on these Services. No such substitutions shall be made by the Consultant without first securing CITY approval. The key personnel to this Contract may be amended from time to time during the course of the Contract to either add or delete personnel, as appropriate. ARTICLE 16 SUBCONSULTANTS Any subconsultants and/or subcontractors required by the Consultant in connection with the Services covered by the Contract shall be limited to such individuals or firms as specifically identified and agreed to during negotiations. The Consultant shall obtain the Project Director's written consent before making any substitution of these subconsultants and/or subcontractors. 13 of 24 4/15/2005 ARTICLE 17 CHANGES A. The City Manager or duly authorized representative may at any time, by written order, make changes within the general Scope of this Contract in the Services to be performed. B. If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the Services under this Contract, whether or not changed by the order, the City Manager or duly authorized representative shall make an equitable adjustment in the Contract price, schedule, or both, and shall modify the Contract. C. The Consultant must submit any "proposal for adjustment" under this Article within thirty (30) calendar days from the date of receipt of the written order. However, if the City Manager or duly authorized representative decides that the facts justify it, the City Manager or duly authorized representative may receive and act upon a proposal submitted before final payment of the Contract. D. Failure to agree to any adjustment shall be deemed to be a dispute under the "Disputes" Article of this Contract. However, nothing in this Article shall excuse the Consultant from proceeding with the Contract as changed. E. No services for which an additional cost or fee will be charged by the Consultant shall be furnished without the prior written authorization of the City Manager or his duly authorized representative. ARTICLE 18 DISPUTES The Consultant and CITY desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. ARTICLE 19 SUSPENSION OF WORK A. The Projects Director may order the Consultant, in writing, to suspend, delay, or interrupt all or any part of the Services of this Contract for the period of time that the Projects Director determines appropriate for the convenience of CITY. B. If the performance of all or any part of the Services are, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the Projects Director in the administration 14 of 24 4/15/2005 of this Contract, or by the Projects Director's failure to act within the time specified in this Contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this Contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the Contract modified in writing accordingly. However, no adjustment shall be made under this article for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Consultant, or for which an equitable adjustment is provided for or excluded under any other term or condition of this Contract. C. A claim under this article shall not be allowed for any costs incurred more than 20 days before the Consultant shall have notified the Projects Director in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the Contract. ARTICLE 20 TERMINATION A. CITY may terminate this Contract in whole or, from time to time, in part, for CITY's convenience or because of the failure of the Consultant to fulfill the Contract obligations. CITY shall terminate by delivering to the Consultant a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Consultant shall: Immediately discontinue all Services affected (unless the notice directs otherwise); and Deliver to CITY all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this Contract, whether completed or in process. B. If the termination is for the convenience of CITY, CITY shall only pay for Services completed prior to the effective date of the termination. C. If the termination is for failure of the Consultant to fulfill the Contract obligations, CITY may complete the Services by contract or otherwise and the Consultant shall be liable for any reasonable additional cost incurred by CITY. D. If, after termination for failure to fulfill Contract obligations, it is determined that the Consultant had not failed, the rights and obligations of the parties shall be the same as if the termination has been issued for the convenience of CITY. 15 of 24 4/15/2005 ARTICLE 21 OTHER CONTRACTS The Consultant shall ascertain the existence of, cooperate with, and coordinate his efforts with that of other consultants and contractors as required to effectively interface the Services therewith. ARTICLE 22 PATENT INDEMNITY A. The Consultant agrees to and shall indemnify and hold harmless CITY, its directors and employees from and against any and all claims, causes of action and liability of every kind, including all expenses of litigation, court costs and attorney's fees, against liability, including costs and expenses, for infringement upon any United States patent or copyright, arising out of the Services provided under this Contract. B. The indemnity provided for in this Article shall have no application for such infringement to the extent that the infringement was caused directly by CITY. ARTICLE 23 OFFICIALS NOT TO BENEFIT A. No member, officer, or employee of CITY, shall, during his tenure or for one year thereafter, have any interest, direct or indirect, in this Contract or the proceeds thereof. B. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Services required to be performed under this Contract. In the event any question of possible conflict should arise, the determination of CITY shall be controlling. The Consultant further covenants that in the performance of this Contract no person having any such interest shall be employed by the Consultant. ARTICLE 24 COVENANT AGAINST CONTINGENT FEES The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty CITY will have right to annul this Contract without liability or in its discretion to deduct from the Contract cost or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 16 of 24 4/15/2005 ARTICLE 25 DISSEMINATION OF CONTRACT INFORMATION The Consultant shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the performance of this Contract, without prior written consent of the City Manager. Two (2) copies of any material proposed to be published or distributed shall be submitted to City Manager. ARTICLE 26 CONFIDENTIAL INFORMATION All cost estimates and supporting data are considered confidential. Any other reports, information, data, etc., given to or prepared or assembled by the Consultant under this Contract which CITY requests in writing to be kept as confidential shall not be made available to any individual or organization by the Consultant without the prior written approval of CITY. These obligations with regard to confidentiality shall be for three (3) years after completion of this Contract but shall not apply to: 1. Information that was in the Consultant's possession prior to this Contract. Information that is or becomes public information under the Public Information Act; and o Information received lawfully from third parties which have no confidentiality obligations in connection with this Contract. ARTICLE 27 PREPARATION OF MATERIAL TESTING ESTIMATE If the Consultant elects to use personnel outside his organization to prepare any estimate of material testing cost required under this Contract, prior approval of this firm or individual shall be obtained in writing from the Projects Director. The Consultant shall be aware of and take such precautionary measures as necessary to maintain the confidential nature of all estimates prepared under this Contract. ARTICLE 28 RIGHTS IN DESIGNS AND DATA CITY will have unlimited rights, in all drawings, designs, specifications, notes and other works developed in the performance of this Contract, including the right to use same on any other CITY design or construction without additional compensation to the Consultant. The Consultant hereby grants to CITY a paid-up license throughout the world to all such works to which he may assert or establish any claim under design patent or copyright laws. The 17 of 24 4/15/2005 Consultant agrees to furnish the original of all such works at the completion of the Contract. However, any re-use of these documents for any purpose other than that specifically intended in this Contract will be at CITY's sole risk and without financial liability or legal expense to the Consultant. ARTICLE 29 ASSIGNMENT The performance of the Services under the Contract shall not be assigned except upon written consent of CITY. The Consultant may assign monies due or to become due to him under the Contract and such assignment will be recognized by CITY, if given proper notice thereof, to the extent permitted by law. Assignment of monies will be subjected to proper offsets in favor of CITY and to deductions provided for in the Contract documents. Money withheld, whether assigned or not, will be subject to being used by CITY for the completion of the Services in the event that the Consultant defaults under the Contract. The validity of the assignment and the rights of the assignee against CITY shall be governed by the laws of the State of Texas. ARTICLE 30 AUDIT AND AVAILABILITY OF RECORDS A. The Consultant shall make available at its office at all reasonable times the materials described below for examination, audit, or reproduction, until three (3) years after final payment under this Contract. B. The Consultant shall maintain and the Projects Director or representatives of the Projects Director shall have the fight to examine and audit books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all expenditures claimed to have been incurred or anticipated to be incurred in performing this Contract. This right of examination shall include inspection at all reasonable times of the Consultant's plants, or parts of them, engaged in performing the Contract and whatever applicable records are maintained. C. CITY shall have the right to examine and audit all books, records, documents, and other data of the Consultant (including computations and projections) related to negotiating, pricing, or performing the Contract or modification. D. If this Contract is completely or partially terminated, the records relating to the Services terminated shall be made available for three (3) years after any resulting final termination settlement. E. Records pertaining to appeals under the Disputes Article or to litigation or the settlement of claims arising under or relating to the performance of this Contract shall be made available until disposition of such appeals, litigations or claims. 18 of 24 4/15/2005 F. The Consultant shall insert an article containing all the provisions of this Article in all subcontracts over $10,000 awarded under this Contract, altering the article only as necessary to identify properly the contracting parties and the contracting office under CITY's prime contract. ARTICLE 31 ADMINISTRATIVE CONTROL OF CORRESPONDENCE Contract related correspondence, transmittal letters, etc., issued by each party to this Contract will refer to the Contract number shown on the cover page of this Contract. The correspondence shall be addressed to the appropriate CITY representative set forth elsewhere in this Contract. Should it be addressed to other than the Project Manager, a copy shall be provided to the Project Manager. ARTICLE 32 MINUTES OF MEETINGS The Consultant shall provide a record of all conferences, meetings, discussions, verbal directions, telephone conversations, etc., participated in by the Consultant, on matters relative to the Contract and Services thereunder. Each record shall be entitled "CONFIRMATION RECORD", fully identifying participating personnel, subjects discussed, and any conclusions reached. The Consultant shall, within five (5) calendar days after each activity requiring a "CONFIRMATION RECORD", forward two (2) copies to CITY's Project Manager. ARTICLE 33 INDEPENDENT CONTRACTOR It is understood and agreed that the Consultant shall be deemed to be an independent contractor in all its operations and activities hereunder; that the employees furnished by the Consultant to perform Services hereunder shall be deemed to be Consultant's employees or independent subconsultants and/or subcontractors; that Consultant employees shall be paid by Consultant for all services in this connection; and the Consultant shall be responsible for all obligations and reports covering Social Security, Unemployment Insurance, Income Tax, and other reports and deductions required by State or Federal Law. ARTICLE 34 SEVERABILITY If any provision of this Contract or the application thereof to any person or circumstances is rendered or declared illegal for any reason and shall be invalid or unenforceable, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby but shall be enforced to the greatest extent permitted by applicable law. 19 of 24 4/15/2005 ARTICLE 35 WAIVERS A. Neither CITY's review, approval or acceptance of, nor payment for, the Services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of the Contract, and the Consultant shall be and remain liable to CITY in accordance with applicable law and the terms of this Contract for all damages to CITY caused by the Consultant's negligent act, error or omission in the performance of any of the Services furnished under this Contract. B. The waiver by CITY of any breach of any term, covenant, condition, or agreement herein contained shall not be deemed to be a waiver of any subsequent breach of the same, or of a breach of any other term, covenant, condition, or agreement herein contained. ARTICLE 36 INTERPRETATION, JURISDICTION AND VENUE This Contract shall be construed and interpreted solely in accordance with the laws of the State of Texas. Venue of any suit, right or cause of action arising under or in connection with this Contract shall be exclusively in Brazoria County, Texas. ARTICLE 37 RIGHTS AND REMEDIES The rights and remedies of CITY provided for under this Contract are in addition to any other rights or remedies provided by law. ARTICLE 38 ENTIRE AGREEMENT A. This Contract sets forth the entire agreement between the parties with respect to the subject matter thereof, and supersedes and replaces all proposals, negotiations, representations, and implied obligations. The obligations, liabilities and remedies set forth herein are exclusive and shall operate as limitations on any action brought in connection with this Contract, including an action in tort. B. This Contract is binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns, but shall not inure to the benefit of any third party or other person. 20 of 24 4/15/2005 The City of Pearland and the Contractor have executed this Contract and it shall be effective on the day of ., 2005. Geotest En~ineerin~ ~ Name: Mark D. Wells ATTEST: By: Name: S.C. "Raju" Thacker Title: Controller City of Pearland, Texas Executed for and on behalf of the City of Pearland pursuant to Resolution No.2005-68 of the City Council, passed on the 1 lth day of April, 2005 and on file in the office of t.~97~._ By: Name: Bi 11 Ei sen Title: City Manager ATTEST: APPROVED: City Attorney 21 of 24 4/15/2005 EXHIBIT "A" SCOPE OF SERVICES MATERIAL TESTING SERVICES The Consultant shall provide CITY with testing of soils, steel, concrete, and other materials as required by the Scope of Services of the applicable work authorization and as requested by CITY's Project Manager at the specified CITY construction sites. The testing required by these specifications may include on-site and off-site testing and inspection. The Consultant agrees to furnish all labor, tools, equipment, supervision, transportation, insurance, test results, documentation and reports, and all other things necessary to perform the services in accordance with instructions and provisions of all the Contract documents. I. Testing of materials shall be performed in accordance with applicable requirements of the current editions of these or similar reference standards, including the following: · ASTM · ACI · AASHTO · AWS FS · SDHPT · AISC American Society for Testing and Materials American Concrete Institute American Association of State Highway & Transportation Officials American Welding Society Federal Specifications and Standards ,'¢r~." ' tate,De.?.~e~. ~ar~ment of Highways and Public Transportation American Institute of Steel Construction II. Services performed by the Consultant shall include: · Slump, air content, temperature, and yield of fresh concrete. · Casting of test cylinders and beams as required during cement or lime stabilization and placement of concrete. · In-place density tests of soil, stabilized bases and asphalt. · Cutting and coring of portland cement and asphaltic concrete pavement for procurement of samples for laboratory testing. · Review and approval of concrete mix designs. · Inspection of cement and lime stabilization work. · Sampling of soils, aggregates, cement, lime, or other materials for laboratory testing. · Inspection and testing of painting and coatings. · Inspection and testing of asphaltic materials. · Other analyses listed in the Fee Schedule & Notes. · Plant inspection on asphalt, concrete and pre-stress production facilities. 22 of 24 4/15/2005 Other inspection, investigatory, engineering or design services; preparation of plans, specifications or technical reports; and review of technical data as specified in the applicable Work Authorization(s). 23 of 24 4/15/2005 EXHIBIT "B" WORK AUTHORIZATION FORM City of Pearland, Texas (CITY) Receipt of this Work Authorization, approved and authorized by CITY is your authorization to proceed with the subject Services. 1. Consultant: Project No. P.O. No. 2. Scope of Services: o 4. 5. 6. Period of Performance: Not-To-Exceed Amount: $ Attachments: Scope of Services The Project Manager assigned to monitor, inspect, and accept the services performed pursuant to this Work Authorization is Accepted for Consultant: By: Title: Date: Approved & Authorized for CITY: By:. Title: Date: 24 of 24 4/15/2005 CITY OF PEARLAND SCHEDULE OF FEES CONSTRUCTION MATERIALS ENGINEERING TESTING AND INSPECTION SERVICES CONTRACT PERSONNEL 1 Principal* Hourly fee Regular Time Overtime $ 143.00 $ 143.00 2 Sr. Engineer, PE (10 years Exp.) $ 105.00 $ 105.00 3 Project Engineer, PE $ 82.00 $ 82.00 4 Staff Engineer, EIT $ 65.00 $ 65.00 5 Graduate Engineer, CMT Manager $ 58.00 $ 58.00 6 Technician NICET IV $ 63.00 $ 79.5O 7 Technician NICET III, HMA II , $ 58.00 $ 72.00 8 Technician NICET II, HMA IA $ 53.00 $ 64.50 9 Technician ACI I, II $ 46.00 $ 54.00 10 Technician HMA lB $ 48.00 $ 57.00 11 Technician, Non-certified $ 42.00 $ 48.00 12 Welding Inspector (CWl) $ 77.00 $ 100.50 13 Welding Inspector (Associate CWI) $ 58.00 $ 72.00 14 NDT Inspector (ASNT Level II) $ 58.00 $ 72.00 15 NDT Inspector (ASNT Level III) $ 62.00 $ 78.00 16 NDT Inspector (ASNT Level II)with assistant $ 96.00 $ 129.00 17 Support Personnel* $ 31.00 $ 46.50 18 Traffic control Cost+10% * Services of these personnel must be authorized by the Projects MATERIAL TESTING 100 Concrete Aggregates 101 Screen or Sieve Analysis (ASTM C-136) 102 Specific Gravity (ASTM C-127 or C-128) 103 Unit Weight (ASTM C-29) 104 Absorption (ASTM C-127 or C-128) 105 Finer than 200 Mesh (ASTM C-117) 106 Organic Impurities (ASTM C-40) 107 Scratch Hardness (ASTM C-851) 108 L A Abrasion (ASTM C-131 or C-535) 109 Clay Lumps (ASTM C-142) 110 Light Weight Pieces (ASTM C-123) 111 Sand Equivalent (ASSTM C-2419) 112 Sodium/Magnesium Sulfate Soundness (5 cycles) 113 Na/Mg Sulfate Soundness additional cycles 114 Petrographic Exam of concrete Aggregates (ASTM C-295) Director in advance Unit Price $ 39.00 $ 39.00 $ 28.00 $ 33.00 $ 36.00 $ 35.00 $ 31.00 $ 153.00 $ 40.00 $ 47.00 $ 48.00 $ 260.00 $ 150.00 by quotation City of Pearland, Schedule of fees Page 1 of 7 jlp 4/15/2005 200 Concrete Mix Design Inspection and Testing Mix Design review (ACI-214): Using predetermined aggregate 201 properties and other design factors; excluding test costs Unit Price Unit $ 115.00 each 2O2 Trial Batch Tests (ASTM C-192): Using aggregate admixtures and cement proposed for use; each batch or curve point $ 200.00 each 203 Cylinder Test (ASTM C-39) or Hold $ 13.00 each 204 Beam Test (ASTM C-78, C~293) or Hold $ 20.00 each 205 Concrete Coring (4" dia. To 6" thickness) ASTM C-42 includes personnel, vehicle, and patching holes $ 72.00 each 206 Measuring Thickness of Concrete Cores (ASTM C-174) $ 9.50 each 207 Additional Thickness (6" to 12") $ 6.75 inch 208 Additional Thickness (over 12") $ 12.00 inch 209 Concrete Coring, Minimum charge (min. 3 cores) $ 275.00 LS 210 Preparation of Cores, Capping & Test (ASTM C-42, C-39) $ 57.00 each 211 Cement Compressive Strength, one age (ASTM C-109) $ 104.00 set 212 Cement Compressive Strength, two ages (ASTM C-109) $ 127.00 set 213 MortadGrout Compressive Strength Cubes (ASTM C-109) $ 17.00 each 214 MortadGrout Compressive Strength 3" x 6" (ASTM C-495) $ 17.00 each 215 MortadGrout Compressive Strength (ASTM C-1019) $ 17.00 each 216 Structural Coring by quotation 217 Windsor Probes (ASTM C-803) $ 68.00 set 218 Bar Linear Shrinkage $ 235.00 set 219 Unit Weight of Lightweight Cylinders $ 25.00 set 220 Split Tensile Strength including preparation (ASTM C-496) $ 80.00 each 221 Petrographic Exam of Hardened Concrete (ASTM C-856) by quotation 222 Concrete Shrinkage Test (ASTM C-157, C-490) $ 125.00 test 3O0 301 302 303 4OO 401 402 403 404 405 406 Brick Unit Price All brick tests will be performed in accordance with ASTM C-67 (minimum 5 bricks) Compressive Strength (ASTM C-67) $ 24.00 Absorption - five hours boiling (ASTM C-67) $ 52.00 Absorption - 24 hours boiling (ASTM C-67) $ 53.00 Reinforcing Steel: ASTM A-370 & ASTM A-675 Tension Test (size 11 and under) Unit Price $ 36.00 Tension Test (over size 11 ) $ 48.00 Bend Test (size 6 and under) $ 29.00 Bend Test (over size 6) $ 35.00 Deformation Examination $ 21.00 Bolt Tensile Test (ASTM A-325) $ 42.00 500 Welded Specimens Unit Price 501 Welding Coupons (ASTM A-370) Cost + 10% 6OO 601 6O2 6O3 Tension Tests (ASTM A-370) Without use of Extensometer Unit Price $ 38.00 Without use of Extensometer (with curves) $ 67.00 Steel Strand Cable $ 94.00 City of Pearland, Schedule of fees Page 2 of 7 jlp 4/15/2005 700 701 702 703 7O4 Nondestructive Testing (Steel) Radiographic Films (ASTM E-142) Unit Price Cost + 10% Radiographic Source, Iridium (E-1114) $ 91.00 Radiographic Source, Cobalt 60 $ 104.00 Ultrasonic Equipment (AWS D11 ) $ 67.00 800 Asphalt Concrete Mix Design & Inspection Mix Design Review (using predetermined aggregate properties 801 and other design factors), excluding test costs Unit Price Unit $ 160.00 each 802 Trial Batch Test (up to 5 curve points) $ 1,200.00 each 803 Additional Curve points for item 802, per point $ 173.00 each 804 Extraction & Gradation Test (ASTM D-2172, ASTM C-136, or TEX-210F) $ 149.00 each 805 Specific Gravity (ASTM D-2041, TEX 201 F) $ 53.00 each Stability: Hveem, 3 per set (ASTM D-1560 or TEX 208F) $ 70.00 set 806 Stability: Marshall, 3 per set (ASTM D-1559) $ 70.00 set 8O7 Bulk Density of Lab molded or Field specimen (core), 3 per set (TEX 207F) $ 39.00 set 808 Molding Specimens, 3 per set, for items 806 & 807 (ASTM D- 1560, TEX 208F) $ 46.00 set 809 Penetration (ASTM D-5) $ 63.00 each 810 Ductility(ASTM D-113) $ 85.00 each 811 Viscosity (ASTM D-2170) $ 70.00 each 812 Asphalt coring (4" dia up to 6" thickness), includes personnel, vehicle and patching holes $ 68.00 each 813 Asphalt Coring minimum charge $ 250.00 LS 814 Additional thickness over 6" $ 6.00 inch 815 Abson Recovery (TEX 211F) $ 240.00 each 816 Measuring Thickness of Asphalt Cores $ 7.00 each 817 Maximum Theoretical Specific Gravity (TEX 227F) $ 67.00 each 818 Hot Mix In-Place Asphalt Design $ 1,600.00 each 819 Apparent Specific Gravity (TEX 202F) $ 50.00 each 820 Moisture Susceptibility Test (TEX 531C) $ 350.00 each 821 PMA Extraction/Gradation (ASTM D-2172) $ 200.00 each 822 PMA Extraction/Gradation by Ignition (ASTM D-6307) $ 124.00 each 900 Build-up Roof and Roof Fill 901 Cut Out Roofing Sample Evaluation/Analysis (ASTM D-2928) Unit Price Unit $ 259.00 each Dry Density Test and 28-day Compressive Strength Tests 902 (ASTM C-495) $ 58.00 each 903 Laboratory Preparation of Sample for Testing Applicable Tech Rate 1000 Soils Tests Unit Price Unit 1001 Liquid and Plastic Limits (Atterberg Limits) (ASTM D-4318) $ 45.00 each 1002 Moisture Content Only (ASTM D-2216) $ 6.00 each 1003 Mechanical Sieve Analysis, through #200 sieve (ASTM D-422) $ 42.00 each 1004 Percent Passing #200 sieve (ASTM D-1120) $ 35.00 each 1005 Specific Gravity (ASTM D-854, D-204) $ 44.00 each 1006 OMD Standard Compaction (ASTM D-698) $ 150.00 each 1007 OMD Modified Compaction (ASTM D-1557) $ 160.00 each City of Pear/and, Schedule of fees Page 3 of 7 j/p 4/15/2005 1008 OMD Lime or Cement Stabilized Soil (ASTM D-698, D-558, D- 1557) $ 165.00 each 1009 California Bearing Ratio (ASTM D-1883) $ 1,58.00 each 1010 Percent Solids in Lime Slurry (ASTM D-2216) $ 32.00 test 1011 Four-point Lime content Recommendation Series (PI) $ 178.00 test 1012 Cement Content of Freshly-mixed CSS Mixture (ASTM D-806) $ 230.00 each 1013 Nuclear Density Equipment Rental (Max. 8 hrs/day) N/A 1014 Compressive Strength of CSS Sample, Including Molding (ASTM D-1632, D-1633) $ 52.00 each 1015 Maximum & Minimum Density, sands (ASTM D-4254) $ 156.00 test 1016 Density and Moisture of Soil Sample $ 19.00 each 1017 Unconfined Compression (ASTM D-2166) $ 33.00 each 1018 Unconsolidated Undrained (ASTM D-2850) $ 46.00 each 1019 Consolidation, One cycle (ASTM D-2435) $ 265.00 each 1020 Consolidation - Additional increments $ 38.00 each 1021 pH of soil (ASTM D-4972) $ 13.00 each 1022 Optimum Lime content pH Method $ 173.00 each 1023 Sieve analysis - Base materials (ASTM C-136) $ 70.00 each Compressive Strength of Cement Stabilized Base Materials 1024 (TEX 120E, ASTM D-2166) $ 190.00 each 1025 Soil Shrinkage Factor (ASTM D-427) $ 46.00 each 1026 One-dimensional Swell Cohesive Soils $ 215.00 each 1027 Triaxial Testing By Quotation 1028 Permeability Test, Constant Head Method (ASTM D-2434) $ 170.00 test 1029 Pinhole Test $ 210.00 test 1030 Crumb Test (ASTM D-4647) $ 28.00 each 1031 Double Hydrometer (ASTM D-4221) $ 130.00 each 1032 Free Swell (FHA) $ 75.00 each 1033 Soil Suction - Filter Paper Method $ 42.00 each 1100 Subsurface Field Investigation 1101 Intermittent 3-inch diameter (0 - 50 ft) Unit Price Unit $ 13.50 ft 1102 Intermittent 3-inch diameter (51 - 100 ft) $ 15.00 ft 1103 Continuous 3-inch diameter (0 - 20 ft) $ 15.00 ft 1104 Boring over 100 ft additional surcharge $ 5.00 ft 1105 Wash boring $ 7.00 ft 1106 Auger boring $ 8.00 1107 Undisturbed or Split Spoon Sample in Wash or Auger Borings $ 29.00 each 1108 Grouting of completed bore holes $ 4.00 ft 1109 Boring not accessible by truck-mounted equipment, surcharge $ '5.00 ft 1110 Minimum charge $ 575.00 LS 1111 Mobilization/Demobilization $ 250.00 project 1112 Piezometer Installation By Quotation 1113 THD cone Penetration Test $ 20.00 each 1114 ATV Mobilization Surcharge $ 100.00 LS 1115 Portable Rig Drilling (two-man crew) $ 132.00 hr 1116 Stand by (two-man crew) $ 125.00 hr 1117 Materials Cost + 10% City of Pearland, Schedule of fees Page 4 of 7 jlp 4/15/2005 1200 Sliplining and Manhole Rehabilitation 1201 Micro Silica Content (Petrographic Analysis) Unit Price Unit By Quotation 1202 Coring/Drilling of Manhole Grout $ 45.00 hole 1203 Coring of Gunite Panels (incl. Compressive strength) $ 90.00 core 1204 Thickness of Liner Materials (ASTM D-2122) Applicable Tech Rate 1205 Flexural Strength/Modulus of Elasticity of Liner Material $ 120.00 coupon 1206 Holiday Testing equipment rental $ 70.00 trip 1207 Compressive Strength 3x6 cyls (Elastizel) (ASTM D-790) $ 200.00 set 1300 1300 Reimbursable Expenses Reimbursable Expenses, including outside testing, equipment and supplies Unit Price Unit Cost + 10% GENERAL NOTES Technicians Reimbursement for personnel performing sampling, testing and inspection services shall be as as stated above and shall include reasonable travel time between Consultant's facility and the subject City of Pearland project. The billing rates are inclusive of all tools, equipment and consumable supplies and all else needed to perform the subject services, except as specifically noted in this Attachment. Consultant shall document hours of service for each visit to the City of Pearland project, including sample pick-up. The document shall contain the following: 1. Project Number and Name 2. Personnel name and classification typed or printed legibly 3. Time of departure from Consultant's facility 4. Time of arrival at City of Pearland project 5. Standby time, if any 6. Work requested and performed 7. Time of departure from City of Pearland project 8. Time of arrival at Consultant's facility 9. Overtime hours, if any 10. Signature of reviewing supervisor Testing & Reporting Field services shall be at the request of the City's Project Manager or his designee. Standard safety equipment will be required at all times on City projects. Results of tests that indicate a failure to meet specifications shall be transmitted immediately (telephone, fax, etc.) to the City. Construction materials engineering, testing and inspection reports shall be reviewed and signed by a licensed professional engineer. The engineer does not need to sign sample pick-up or project cancellation reports. All test results and inspection reports must be received by the city within 10 calendar days of the original test date. Report preparation, other than test reports; shall be billed as actual hours worked by the applicable laboratory personnel. Reproduction, except for six (6) copies of each test report, shall be reimbursed at cost. Personnel Rates All services on an hourly basis will be charged at the applicable rate, from the time the technician or inspector leaves the laboratory until he or she returns from the assignment. Hourly personnel overtime rates will be charged for the hours worked over 40 hours from Sunday through Saturday. City of Pearland, Schedule of fees Page 5 of 7 jlp 4/15/2005 Hourly services shall be invoiced to the nearest 1/4 hour. Testing services requested by the city for which no rate is listed shall be negotiated and authorized in writing prior to implementation. Documentation for such testing, unless specifically called for in the Scope of Services of individual Work Authorizations, shall include a daily activity sheet signed by the City representative requesting the designated test. Subcontractor/Subconsultant Rates Upon approval by the City Project Manager, required tests which are beyond the capability and/or capacity of the Consultant may be subcontracted to a qualified laboratory. Reimbursement for such subcontracted testing shall be at cot and shall be supported by an itemized invoice from the subconsultantJsubcontractor. First-tier subconsultants/subcontractors shall be bound by the fee schedule and the rates as stated therein. Personnel Certifications Only certified engineering technicians are allowed for concrete or asphalt testing (ACI-1 or HMA I or II). Non-certified technicians are allowed for other testing projects, with the approval of the City of Pearland Project Manager. Certified technicians shall be provided when specifically requested by the city and should carry their certification cards with them while on the project site. Field Testin,q & Inspection A minimum two (2) hours personnel time will be allowed for each site visit for observations or testing except for sample pick-ups. If a technician/inspector is assigned to more than one City of Pearland project in one day, his or her actual time on the projects will be charged, provided the total time exceeds two hours. A minimum of a 30 minute lunch must be taken for work days of eight (8) hours or more. Sample pick-ups will be performed as a part of a scheduled field trip, whenever possible. If a separate trip for the sample pick-up is required, only the actual personnel time will be paid. A non- certified technician rate will be paid for concrete sample pick-ups, with the exception of a full-time technician assigned to the project. The city, wherever possible, will notify the laboratory at least 24 hours in advance that field testing service are required. If a technician has departed for the site prior to receipt of a cancellation notice, a maximum of two (2) hours will be paid for scheduled site activities. Testing and sampling procedures conducted in the field, including the use of nuclear moisture/ density machines, shall not be paid separately but shall be considered as part of the applicable rate for field technician time. Surcharges, as noted in the fee schedule, will be added where applicable. Invoices & Documentation Invoices covering all current Work Authorizations and conforming to the requirements of Contract Article 7, "Invoicing and Payment", shall be submitted monthly for each Work Authorization. One full set of supporting documentation, acceptable to the City, shall accompany the invoice. Acceptable documentation shall include, but not be limited to, fully completed and signed: (1) daily project specific activity reports (DPAR), signed and accepted by the appropriate City representative, for all personnel time being billed; and (2) summary/affidavits for all laboratory tests being billed. All hours invoiced must be supported by copies of test reports and an original signed time sheet or daily activity report sheets, signed by the project inspector, which contains the name and classification of the personnel. Invoices should be separated by individual project, with a weekly summary to explain any overtime paid. All claims for minimum call-out and premium time must have the DPAR showing that time signed by the appropriate City representative. City of Pear/and, Schedule of fees Page 6 of 7 jlp 4/15/2005 Invoices without the proper documentation will be returned. Firms whose billings are more than 60 days in arrears will not be issued additional Work Authorizations until the billings are current. Reimbursable Expenses All reimbursable expenses shall have the prior approval of and be supported by documentation acceptable to the Project Manager. Non-reimbursable overhead expenses include telephone and fax charges (except long distance); local travel and vehicle expenses; preparation time for field trips; test report preparation, typing and reproduction; invoice preparation, reproduction and delivery; field and laboratory supervision; project proposal and set-up; equipment charges, except for those specifically authorized in writing by the City Project Manager; and any other costs or expenses not specifically included and/or addressed in this Fee Schedule. Rate Period All rates contained in this Fee Schedule shall remain firm for Work Authorizations issued within the term of the Contract, even if a Work Authorization issued during the term of the Contract extends past the original term of the Contract. The fees stated for laboratory tests are all-inclusive. No other charges shall be levied for personnel services and/or materials related to such testing, except as specifically noted in this Attachment. City of Pearland, Schedule of fees Page 7 of 7 jlp 4/15/2005