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
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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
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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.
T1 2