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R-2012-138-2012-10-08 RESOLUTION NO. R2012-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIAL TESTING SERVICES ASSOCIATED WITH THE BUSINESS CENTER DRIVE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for construction material testing services associated with the Business Center Drive Project, 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 for construction material testing services associated with the Business Center Drive Project. PASSED, APPROVED and ADOPTED this the 8th day of October, A.D., 2012. Q(441..) TOM REID MAYOR ATTEST: UNG NG, M 5H €— o /\ "col ITY S RETAR APPROVED AS TO FORM: N HIEM V. DOAN DEPUTY CITY ATTORNEY Resolution No. R2012-138 Exhibit A' CONTRACT FOR PROFESSIONAL� SERVICES THIS CONTRACT is entered into on �� a#7 r6 2DJ2 - by and between the City of Pearland("CITY") and Ninyo &Moore ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Materials Testing Services for a project known and described as Business Center Drive(Project No.TR0811). SECTION I-SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform Construction Materials Testing Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The PROJECT schedule shall conform to the construction schedule. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Design 1 of 5 15.Revised 2/2/09 E. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. F. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. Design 2 of 5 15.Revised 2/2/09 G. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed 16 months after execution of this contract. SECTION III-CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is not to exceed. Total compensation for the services performed shall be the sum of$77,400.00 B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT. C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. Design 3 of 5 15.Revised 2/2/09 SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason- - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 2313 West Sam Houston Parkway North, Suite 119, Houston, Texas 77043. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under 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 pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. Design 4 of 5 15.Revised 2/2/09 SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this day of4. ,tJ , 2012. City of Pear and my &Moore Design 5 of 5 15.Revised 2/2/09 iy-r---7--,77,77:72LZET-.0z7----- --,.°7:, iti 0& nors,,, _, :. ,,,z--.------,,,-- -:&---„------- ---c--T---- --c-,- (,, T L,,„„L ,,tC1 t;nv3lt MO1Q',1Eh'Slit';i.e" r:?rltiuttGin,:, TBPE Fign F-9782 September 27, 2012 Proposal No. P-70283 Ms. Cara Davis, PMP City of Pearland 3519 Liberty Drive, Suite 300 Pearland, Texas 77581 Subject: Construction Materials Testing and Observation Services Business Center Drive Extension Pearland, Texas Dear Ms. Davis: Ninyo & Moore is pleased to submit this proposal to perform construction materials testing and observation services for the above referenced project in Pearland, Texas. Ninyo & Moore is capable of performing a wide variety of geotechnical and materials inspection and testing services including soils and aggregates, asphalt concrete, reinforced concrete, masonry, pre-stressed concrete, structural steel, welding, roofing, and fireproofing. Since 1986 Ninyo & Moore has grown to 15 offices in Arizona, California, Colorado, Nevada, and Texas. Our Laboratories are supervised by registered civil engineers and meet the requirements of the ASTM E329, ASTM C1077, ASTM D3740, and ASTM D3666. In addition, our Houston office is A2LA accredited. Ninyo & Moore's testing equipment is calibrated annually by representatives utilizing equipment traceable to the National Institute of Standards and Technology. Our field personnel are experienced in the industry and are certified by several local and nationally recognized agencies such asACI, NICET Levels 2 & 3, and Radiation Safety. PROPOSED SCOPE OF SERVICES The proposed scope of services is presented for the Business Center Drive Extension project which will consist of the construction and extension of the existing Business Center Drive from County Road 59 to approximately 900 feet south of Broadway. Construction will include approximately 23,500 SY of 10-inch thick reinforced pavement, 19,700 CY of excavation, 26,800 SY of 8-inch thick lime treated subgrade, storm sewers, sidewalks, and curb. 25 2313 West Sam Houston Fatnway Noah. Suite 119 • Houston, Texas 77043 • Phone(713)973-8400 • Fax(713)973-8450 San Diego Irvine tos Angeles • Rancho Cucamonga • Oakland • San Francisco • Sacramento Las Vegas • Phoenix • Tucson • Prescott Vattey • Denver • D Paso • Houston h/ingo,Maare Business Center Drive Extension September 27, 2012 Pearland, Texas Proposal No. P-70283 Ninyo & Moore anticipates that the following services may be needed during the construction phase: • Observation and field density testing for fill placement, lime stabilized subgrade, and utility trench backfill; • Field sampling and testing of concrete for paving, sidewalk, curb and any cast-in-place drainage boxes; • Laboratory testing of soil materials such as Moisture-Density Relationships (Proctor), Atterberg Limits (PI), 200 Wash, Lime Determination, and Compressive Strength Testing of Cement Treated Sand and Concrete; • Concrete Coring; and • Project management, data processing and report review services of laboratory and field test reports. It is important to note that the requirements of ASTM C31 will be met except for Section 10.1.2. An appropriate procedure or combination of procedures shall be used as suggested in Note 6. Coordination of our services will be undertaken between the City of Pearland field inspector or project manager and the Ninyo & Moore Field/Laboratory Manager in order to provide qualified and properly equipped Engineering Technicians in a timely manner to perform materials testing and observations as appropriate for the project. The technicians assigned to this project will be NICET and/or ACI Certified. Our lead technician will attend project meetings to handle most day to day issues. Our Project Manager or Principal Engineer will be available to attend project meetings as needed to address any technical issues. We will take responsibility for timely and clear communication with all team members regarding our services. Observation and testing reports are reviewed daily to maintain timely awareness of project conditions. Reports are generated with standard software and will typically be in Microsoft Word, Excel and/or PDF formats and uploaded to the City of Pearland's Pro-Track System for quick access to all team members. Deficiencies, such as failing compaction tests or concrete breaks, are immediately brought to the attention of the City of Pearland representative and Engineer-of-Record as well as the contractor. This enables the contractor to take immediate action to remedy problems as soon as they are known. This reduces down-time and helps to maintain the construction schedule. P-70283 2 *' Business Center Drive Extension September 27, 2012 Pearland, Texas Proposal No. P-70283 FEE ESTIMATE The fees for the services described herein will be accrued in accordance with the attached cost estimate. The cost for materials testing and special inspection services is estimated to be approximately $77,400 (Seventy-Seven Thousand Four Hundred Dollars) and will not be exceeded without written approval from the client. Billing will be for the actual costs incurred, which will be directly determined by the needs of the client and the frequency with which Ninyo & Moore personnel are requested to the project. Please note that our estimated fee does not include stand-by time or costs associated with retesting or re-inspecting materials that were found not to be in compliance with the project plans or specifications. For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work in excess of 8 hours per day and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum with the exception of cancellations without notice as well as sample and concrete cylinder pick-ups, which will be invoiced at actual time. Field personnel are charged portal to portal. Ninyo & Moore would appreciate the opportunity to review a detailed construction schedule to determine if the quantities found on the attached cost estimate are sufficient to meet the needs of the project. Our proposed testing scope of services and estimated fee has been prepared with the assumption that our services will be needed for approximately 5 months. During the 5 months duration, we assumed we will be on-site full-time for about 4 months and part-time for about 1 month. An additional field representative will be assigned to assist when multiple tasks as required. P-70283 3 ,,,< Business Center Drive Extension September 27, 2012 Pearland, Texas Proposal No. P-70283 We are available to schedule a meeting to discuss the project scope at your convenience. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE t APA'vl-%l'c* "4" Harry A. Giannaris, CET Jay T. Sunderwala, PE Construction Services Manager Principal Engineer HAG/JTS/Is Attachments: Cost Estimate Fee Schedule Distribution: (1) Addressee (via email) P-70283 4 I #r1gI7 sE vOre COST ESTIMATE Project: Business Center Drive Extension Proposal No. Location: Pearland, Texas P-70283 Field Services Engineering Technician 80 days @ 8 hours\day @ $45.00 \hour $28,800.00 20 days @ 4 hours\day @ $45.00 \hour $3,600.00 Engineering Technician - Over Time 80 days @ 2 hours\day @ $67.50 \hour $10,800.00 Field Vehicle 880 hours @ $8.00 per\hour $7,040.00 Nuclear Gauge 300 hours @ $9.00 per\hour $2,700.00 Laboratory Testing Proctor, D698 (soil) 6 samples @ $175.00 \sample $1,050.00 Proctor, D1557 (soil) 6 samples @ $190.00 \sample $1,140.00 Compressive Strength CSS, D1633 60 samples @ $65.00 \sample $3,900.00 200 Wash (soil) 10 samples @ $45.00 \sample $450.00 Plasticty Index (soil) 10 samples @ $55.00 \sample $550.00 Lime Determination (soil) 1 samples @ $210.00 \sample $210.00 Concrete Cylinders 640 samples @ $15.00 \sample $9,600.00 Concrete Coring 4 samples @ $110.00 \sample $440.00 MeasureConcrete Core 4 samples @ $10.00 \sample $40.00 Subtotal $70,320.00 Engineering Review, Consultation, and Data Processing includes typing of test results, project coordination, review of test data by a professional engineer and periodic site visits. Project Manager 50 hours @ $75.00 \hour $3,750.00 Principal Engineer 10 hours @ $155.00 \hour $1,550.00 Data Processing 50 hours @ $36.00 \hour $1,800.00 l Subtotal $7,100.00 Total Materials Testing Cost Estimate $77,420.00 1 , Ninyo and Moore 2012 STANDARD FEE SCHEDULE SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL Principal Engineer/Geologist/Environmental Scientist $ 155 Senior Engineer/Geologist/Environmental Scientist $ 125 Senior Project Engineer/Geologist/Environmental Scientist $ 115 Project Engineer/Geologist/Environmental Scientist $ 105 Senior Staff Engineer/Geologist/Environmental Scientist $ 95 Staff Engineer/Geologist/Environmental Scientist $ 85 GIS Analyst $ 65 Field Operations Manager $ 75 Supervisory Technician $ 65 Senior Field/Laboratory Technician $ 55 Field/Laboratory Technician $ 45 Technical Illustrator/CAD Operator $ 45 Geotechnical/Environmental/Laboratory Assistant $ 36 Information Specialist $ 36 Data Processing,Technical Editing, or Reproduction $ 36 OTHER CHARGES Rebar Locator(Pachometer) $ 120/day Vehicle Usage $ 8/hr Nuclear Density Gauge Usage $ 9/hr Vapor Emission Kits $ 30/kit Direct Project Expenses Cost plus 15% Laboratory testing,geophysical equipment,and other special equipment provided upon request. NOTES(Field Services) For field and laboratory technicians and special inspectors, regular hourly rates are charged during normal weekday construction hours. Overtime rates at 1.5 times the regular rates will be charged for work in excess of 8 hours per day and all day on Saturdays. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day or on Sundays and holidays. Lead time for any requested service is 24 hours. Field Technician rates are based on a 4-hour minimum. Field personnel are charged portal to portal. INVOICES Invoices will be rendered monthly unless otherwise arranged, and are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days. Attorney fees or other costs incurred in collecting delinquent accounts will be paid by the client. TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as presented in Ninyo&Moore's Work Authorization and Agreement. T1 1 'z .c Ninyo and Moore 2012 STANDARD FEE SCHEDULE SCHEDULE OF FEES FOR LABORATORY TESTING Laboratory Test, Test Designation, and Price Per Test Soils Concrete/Cement Atterberg Limits,D 4318 $ 55 Compressive Strength,C 39 $ 15 California Bearing Ratio(CBR),D 1883 $ 185 Flexural Test,C 78 or C 293 $ 25 One Dimensional Consolidation,D 2435 $ 310 Splitting Tensile Strength,C 496 $ 95 Consolidation Additional Increments,D2435 $ 45 Time of Setting of Cement by Vicat Needle,C 191 $ 250 Hydrometer Analysis,D 422 $ 110 Concrete Laboratory Mix Verification,Excluding cylinders $ 300 Double Hydrometer Analysis,D 4221 $ 155 Concrete Core Compressive Strength,Includes Prep,C 42 $ 70 Moisture Content,D 2216 $ 8 Concrete Core Measurement,C 174 $ 10 Moisture and Density,D 2937 $ 35 Concrete Coring Minimum Charge $ 300 Permeability,D 2434 $ 200 Concrete Coring-4"Diameter to 6-inch depth $ 90 Specific Gravity,D 854 $ 50 Concrete Coring Additional Thickness 6"to 12"depth $ 8/inch Standard Proctor Density,D 698 $ 175 Concrete Coring Additional Thickness,over 12"depth $ 10/inch Modified Proctor Density,D 1557 $ 190 Compressive Strength Lt.Wt.Insulating Concrete,C 495 $ 30 (Rock corrections add$70) Unit Weight of Lt.Wt.Insulating Concrete,C 495 $ 25 Sieve Analysis,D 422 $ 55 Sieve Analysis,-200 Wash,D 1140 $ 45 Fireproofin g Swell Test,D 4546 $ 290 Density of SFRM,E 605 $ 35 Triaxial Shear,UU,one point,D 2850 $ 55 Cohesion/Adhesion of SFRM,E 736 $ 25 Unconfined Compression,D 2166 $ 40 Asphalt Concrete Pinhole Dispersion Test,D 4647 $ 245 Asphalt Mix Design Review,Job Spec $ 190 Crumb Test Dispersive Test,D 6572 $ 40 Asphalt Mix Design,5-points $ 1500 Lime Determination,PI Method $ 210 Extraction,%Asphalt,including Gradation,TEX 210F $ 190 Lime Determination,pH Method,D 6276 $ 200 Hveem Stability,Tex 208F $ 90/set Compressive Strength Cement Stabilized Sand,D 1633 $ 65 Bulk Density Lab Molded Samples,Tex 207F $ 50/set Standard Proctor Density Treated Soils,D 698 $ 195 Bulk Density Core,Tex 207F $ 45 Modified Proctor Density Treated Soils,D 1557 $ 205 Molding Specimens,Tex 206F $ 55/set Masonry Measurement of Asphalt Cores $ 10 Brick Absorption,24-hour submersion,C 67 $ 65 Asphalt Coring Minimum Charge $ 300 Brick Absorption,5-hour boiling,C 67 $ 65 Asphalt Coring-4"Diameter to 6-inch depth $ 80 Brick Absorption,7-day,C 67 $ 55 Concrete Coring Additional Thickness over 6"depth $ 7/inch Brick Compression Test,C 67 $ 30 Maximum Theoretical Unit Weight,Tex 227F $ 80 Brick Moisture as received,C 67 $ 30 Aggregates Brick Measurement,C 67 $ 50 Absorption,Coarse,C 127 $ 50 CMU Block Compression Test,8x8x16,C 140 $ 75 Absorption,Fine,C 128 $ 50 CMU Block Unit Weight and Absorption,C 140 $ 70 Clay Lumps and Friable Particles,C 142 $ 50 CMU Block Moisture Content,C 140 $ 70 Los Angeles Abrasion,C 131 or C 535 $ 180 CMU Block Measurement,C 140 $ 25 Organic Impurities,C 40 $ 45 Compressive Strength,Grout prism,C 1019 $ 40 Sieve Analysis,Coarse Aggregate,C 136 $ 50 Compressive Strength,Mortar Cube,C 109 $ 20 Sieve Analysis,Fine Aggregate,C 136 $ 50 Decantation,C 117 $ 45 Specific Gravity,Coarse,C 127 $ 70 Specific Gravity,Fine,C 128 $ 85 Special preparation of standard test specimens will be charged the technician's hourly rate. 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