R2001-0168 10-08-01 RESOLUTION NO. R2001-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH GEOTEST ENGINEERING, INC. FOR
MATERIALS TESTING SERVICES ASSOCIATED WITH THE
FAR NORTHWEST WASTEWATER TREATMENT PLANT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Contract by and between the City of Peadand and
Geotest Engineering, Inc., 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 the original of the attached Contract for and
on behalf of the City of Pearland.
PASSED, APPROVED and ADOPTED this the 19 day of November ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
(,_~TY S~Z~RETARY// .
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200f-'~68
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Geotest Engineering, Inc. (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Engineer: Geotest Engineering, Inc.
Description of Project: Materials Testing Services for Far Northwest Waste Water
Treatment Plant
Maximum Contract Amount: $51,895.00
Contract Begins: Upon execution
Contract Ends: Upon completion
Attached Contract Document: Proposal
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Progress payments may be requested by
Engineer based on the amount of services completed. Payment for the services of
Engineer shall be due and payable upon submission of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly. Any
applicable new taxes imposed upon services, expenses, and charges by any
governmental body after the execution of this Contract will be added to Engineer's
compensation.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt of Engineer's statement for services therefore, the amounts
due Engineer will be increased at the rate of one percent (1%) per month from said
th
thirtieth (30) day, and, in addition, Engineer may, after giving seven (7) days' written
notice to City, suspend services under this Contract until Engineer has been paid in full,
all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 9 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. The Engineer shall prepare a schedule of work identified as an attachment to
this agreement and submit it for review within 15 calendar days after receiving a Notice-
to-Proceed. The Work Schedule shall be submitted in digital and paper form, in the
Microsoft Project for Windows format. The Work Schedule shall contain a complete
schedule so that the Engineer's scope of services under this contract can be
accomplished within the specified time and contract cost. The Work Schedule will
provide specific work sequence and definite review times by the City and the Engineer
of the work performed. If the review time should take longer than shown on the work
schedule, through no fault of the Engineer, additional contract time will be authorized by
the City through a supplemental agreement, if requested by a timely written request
from the Engineer and approved by the City.
3. Term and Termination. This Contract term will begin and end on the dates shown
above. The City may terminate this Contract at any time during its term by giving
written notice to Engineer. The City shall pay the Engineer for all services rendered to
the date of termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
undesirable, City will notify Engineer accordingly and Engineer shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject
to the same regulations. Nothing contained in the Contract shall create any contractual
relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Engineer's fees for services. Engineer may retain
copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or
to Engineer's independent associates or consultants, and City shall indemnify and hold
harmless Engineer and Engineer's independent associates and consultants from all
claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle Engineer to further
reasonable compensation. Engineer may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and
without liability or legal exposure to City, and Engineer shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Construction Representation. If required by the Contract, Engineer will furnish
Construction Representation according to the defined scope for these services.
Engineer will observe the progress and the quality of work to determine in general if the
work is prdceeding in accordance with the contract documents. In performing these
services, Engineer will endeavor to protect City against defects and deficiencies in the
work of contractors; Engineer will report any observed deficiencies to City, however, it is
understood that Engineer does not guarantee the contractor's performance, nor is
Engineer responsible for the supervision of the contractor's operation and employees.
Engineer shall not be responsible for the means, methods, techniques, sequences or
procedures of construction selected by the contractor, or the safety precautions and
programs incident to the work of the contractor. Engineer shall not be responsible for
the acts or omissions of any person (except his own employees or agents) at the project
site or otherwise performing any of the work of the project.
8. Insurance.
A. The Engineer 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 Engineer, 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.
B. The Engineer 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, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
9. Indemnity. Engineer 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 Engineer 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
Engineer, his officers, employees, agents, or subcontractors under this Contract.
10. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
11. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
12. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer 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. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
13. Conflicts in Contract Documents. The above previsions, other than the provisions
contained in any referenced contract document specified above, shall govern over any
conflicting prevision contained in any referenced contract document specified above.
14. Dispute Resolution Procedures. The Engineer 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 and arbitration as follows:
A. Mediation. 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.
B. Arbitration. If the parties cannot resolve by mediation any claim or dispute
relating to this Contract and the claim or dispute involves a sum that exceeds
$100,000, then, upon the demand of either party, whether before or after the filing
of any suit, any controversy or claim arising out of or related to this Contract shall
be settled by binding arbitration in accordance with the Federal Arbitration Act and
the Commercial Arbitration Rules of the American Arbitration Association, and
judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof. The parties may agree in writing to use any other
arbitration procedures or rules in lieu of those specified in this paragraph.
EXECUTED and EFFECTIVE as of the I~/~day of /VIOV~¢~/ ,20 E)I .
ATTEST: CITY OF PEARLAND
APPROVED AS TO FORM:
D~rr'T'n M. Coker
City Attorney
Geotest Engineering, Inc., Engineer
By:
Printed Name: Mark D, Wells
Title: Vice President
STATE OF TEXAS §
COUNTY OF ~¢C47_o¢~r,_
BEFORE ME the undersigned Notary Public, on this day personally appeared
.~i I ~iE~or~ , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS I'~bh DAY OF
~\]Ot/4)~b~/-.. .-. , A.D., 20 0 I ·
~ .,;;~:~:~, Gene Simeon ~
~ ~;:;~Nolafy Publ,c Slate0lTe.s i N~A~ PUBL C N AND FOR THE
~:~"" ~_ . ,~,~
Printed Name: ~~....~
My Commission Expires: ~¢~ ~ ~z ~?
STATE OF TEXAS §
COUNTY OF Harris §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Mark D. Wells , known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 29th DAY OF
November , A.D., 20 01
· · My Commission Expires
~'ll~ ~' ~Myco~m~ss~onE,.~ ~ NOTARY PUBLIC IN AND FOR THE
~"'- STATE OF TEXAS
Printed Name: Dawn N, Knoth
My Commission Expires:
GEOTEST ENGINEERING, INC.
Geotechnlcal Engineers & Materials Testing
5600 Bintliff Drive Houston, Texas 77036 Telephone: (713) 266-0588
November 5, 2001 Fax: (713) 266-2977
Proposal No,: 01PM0$TR
Revised November 5, 2001
Mr. Gene A. Simeon
City of Peadand
3519 Liberty Drive
Pear[and, Texas 77581
Re: Materials Testing Services for
Far Northwest Wastewater Treatment Facility, Pearland, Texas
Project No. B2001-050
Dear Mr. Simeon:
Geotest Engineering, Inc. appreciates the opportunity to submit our proposed scope of services
and budget estimate to provide materials testing services on the above referenced project. Based on the
proposed scope of services, we estimate a maximum budget of $51,895.00. All services will be charged
in accordance the attached cost breakdown and our attached standard fee schedule.
We look forward to working with you. if the enclosed estimate is agreeable, please
indicate your formal acceptance by signing below and returning one (1) copy to Geotest. If you have
any questions or require additional information, please contact me at your convenience.
Very truly yours,
GEOTEST ENGINEERING, INC.
Mark D. Wells, P.E.
Vice President
Copies Submitted: 2
Enclosures: Cost Estimate (01PM057R)
Fee Schedule (CMTS00)
MDW/dk
pc28/feel 3/01pm057R
Accepted by:
Printed Name:
Title:
Date:
GEOTEST ENGINEERING, INC.
5600 Bintliff Drive Houston, Texas 77036 Tel (713) 266-0588
CONSTRUCTION MATERIALS
TESTING & INSPECTION COST BREAKDOWN
Materials Testing Services for
Far Northwest Wastewater Treatment Facility, Pearland, Texas
Project No. B2001-050
(01PM057)
Unit
Quantity Rate Amount
lO0 Personnel
109 NICET Level II Technician (RT) 900 x $32.00 / Hr = $28,800.00
109.5 NICET Lever II Technician (o'r) 120 x $48.00 / Hr = $5,760.00
114 Certified Welding inspector (C.W.I.) 80 x $50.00 / Hr = $4,000.00
151 Vehicle Charge per Hour 1100 x $4.50 / Hr = $4,950.00
200 Concrete
210 Compressive Strength Tests (ASTM C-39) 320 x $10.00 / Ea = $3,200.00
260 Concrete Coring to 7 inches (ASTM C-42) 4 x $70.00 / Ea = $280.00
285 Compressive Strength Mortar/Grout Cubes 8 x $120.00 / Set = $960.00
300 Soils
301 Moisture/Density Relationship (ASTM D-698 Method A) 6 x $120.00 / Ea = $720.00
318 Lime- Percent Solids 1 x $20.00 / Ea = $20.00
320 Atterberg Limits (ASTM D-4318) 6 x $40.00 / Ea = $240.00
345 Molding & Compressive Strength of Cement Stabilized Sand 4 x $120.00 / Set = $480.00
360 Nuclear Density Gauge 350 x $6.50 / Hr = $2,275.00
700 Nondestructive Testing (Steel)
704 Ultrasonic Equipment (AWS D1.1-90) 3 x $70.00 / Day $210.00
Total $51,895.00
An overtime rate of 1.5 times the hourly rate is applicable or any hours worked before 6:00 a.m. or after 6:00 p.m.
Monday through Pdday, and any hours worked on Saturday, Sunday, or holiday or over 8 hours per day.
A minimum of 4 hours will be charged at the applicable rate for all technician~inspector services.
GEOTEST ENGINEERING, INC.
~' 5600 Bintliff Drive Houston, Texas77036 Te1(713)266-0588
CONSTRUCTION MATERIALS
TESTING & INSPECTION FEE SCHEDULE
CMT 51)0
Page 1 of 2
100 Personnel
105 NICET Level IV Technician (RT) $ 45.00 / Hr
107 NICET Level ill Technician (RT) $ 36.00 / Hr
109 NICET Level II Technician (RT) $ 32.00 / Hr
111 Non-Nicet Technician (RT) $ 27.00 / Hr
113 Support Personnel (With pdor approval) $ 27.00 / Hr
114 Certified Welding Inspector (C.W.I.) $ 50.00 / Hr
116 Associate Welding Inspector $ 36.00 / Hr
118 Non Destructive Inspector (ASNT Level III) $ 45.00 / Hr
120 Non Destructive Inspector (ASNT Level Ii) $ 45.00 / Hr
122 ASNT Level II with Assistant (2 man crew) $ 81.00 / Hr
151 Vehicle Charge per Hour (within Harris County) $ 4.50 / Hr
152 Vehicle Charge per Trip, outside Harris County $ 40.00 / Trip
(minimum charge)
200 Concrete
201 Concrete Mix Verification $ 200.00 / Ea
Including Ten Strength Tests
(cylinders, beams or combination)
205 Mix Design Review (ACI 214) $ 85.00 / Ea
210 Compressive Strength Tests (ASTM C-39) $ 10.00 / Ea
215 Flexural Strength Tests (ASTM C-78) $ 16.00 / Ea
220 Cube Tests (ASTM C-109) $ 45.00 / Set
225 Sieve Analysis DP/(ASTM C-136) $ 35.00 / Ea
230 Sieve Analysis Wet (ASTM C-117) $ 35.00 lEa
235 Specific Gravity/Absorption Coarse Aggregate $ 35.00 / Ea
(ASTM C-127)
240 Specific Gravity/Absorption Fine Aggregate $ 35.00 / Ea
(ASTM C-128)
245 Unit Weight Aggregate (ASTM C-29) $ 30.00 / Ea
250 L.A. Abrasion (ASTM C-131) $ 125.00 / Ea
255 Sulfate Soundness (ASTM C-88) $ 250.00 / Ea
260 Concrete Coring to 7 inches (ASTM C-42) $ 70.00 / Ea
265 Concrete Coring over 7 inches $ 6.00 / In
270 Minimum Coring Charge $ 250.00 / LS
Core Measurement (ASTM C-174)
280 Concrete Core Compressive Strength $ 50.00 / Ea
Including Measuring, Saw Cutting and Capping
285 Compressive Strength Mortar/Grout Cubes $ 120.00 / Set
6 per set (ASTM C-109)
GEOTEST ENGINEERING, INC.
,~ 5600 Bintliff Drive Housten, Texas77036 Te1(713)266-0588
Page 2 of 2
300 Soils
301 Moisture/Density Relationship (ASTM D-698 Method A) $ 120.00 / Ea
310 Moisture/Density Relationship (ASTM D-1557 Method A) $ 130.00 / Ea
315 Moisture/Density Relationship (ASTM D-1557 Method C) $ 140.00 / Ea
318 Lime- Pement Solids $ 20.00 / Ea
320 Atterberg Limits (ASTM D-4318) $ 40.00 / Ea
322 5 Point Lime Curve (P.I. Method) $ 200.00 / Ea
330 Organic impurities (ASTM C--40) $ 35.00 / Ea
335 Minus ~r20O Sieve Analysis (ASTM D-1140) $ 35.00 lEa
340 Sieve Analysis Crushed Stone Base Material $ 45.00 / Ea
345 Molding & Compressive Strength of Sand Cement $ 120.00 / Set
3 per set (ASTM D-1632, ASTM D-1633)
350 Molding & Compressive Strength of Cement Stabilized $ 150.00 / Set
Base 3 per set (TEX 120E)
355 Cement Content (ASTM D-806) $ 225.00 / Ea
360 Nuclear Density Gauge $ 6.50 / Hr
400 Asphalt
401 Asphalt Mix Design - 5 per set (TEX 204F) $ 1,200.00 / Ea
405 Asphalt Mix Design Verification $ 250.00 / Ea
407 Hot Mix In-place Recycled Asphalt Mix Design $ 1,750.00 / Ea
410 Extraction/Gradation (TEX210F) $ 125.00 lEa
415 Sieve Analysis (TEX 200F) $ 35.00 / Ea
420 Sand Equivalent (TEX 203F1ASTM D-2419) $ 40.00 / Ea
425 Bulk Specific Gravity - Aggregate (TEX 201F) $ 35.00 / Ea
430 Apparent Specific Gravity - Aggregate (TEX 202F) $ 40.00 / Ea
435 Decantation & Deleterious Materials (TEX 217F) $ 40.00 / Ea
440 Molding Lab Specimens - 3 per set (TEX 205F, 206F) $ 45.00 / Set
445 Bulk Specific Gravity Lab Molded 3 per set (TEX 207F) $ 45.00 / Set
447 Bulk Specific Gravity of Core (TEX 207F) $ 35.00 / Ea
450 Maximum Theoretical Specific Gravity (TEX 227F) $ 55.00 / Ea
455 HVEEM Stability 3 per set (TEX 208F) $ 65.00 / Set
460 Asphalt Content - Nuclear Method (ASTM D-4125) $ 65.00 / Ea
465 Abson Recovery (ASTM D-1856) $ 175.00 / Ea
470 Asphalt Coring Minimum Charge $ 225.00 / LS
475 Asphalt Coring to 7 inches $ 60.00 / Ea
480 Asphalt Coring over 7 inches $ 6.00 / In
485 Penetration (ASTM D-5) $ 60.00 / Ea
490 Ductility (ASTM D-113) $ 80.00 / Ea
495 Viscosity (ASTM D-2170) $ 55.00 / Ea
Remarks
An ove/time rate of 1.5 times the houdy rate is applicable or any hours worked before 6:00 a.m. or after 6:00 p.m.
Monday through Fdday, and any hours worked on Saturday, Sunday, or holiday or over 8 hours per day.
A minimum of 4 hours will be charged at the applicable rate for all technician/inspector services.
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