R2004-101 06-28-04RESOLUTION NO. R2004-'10'1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH
HBC/TERRACON FOR MATERIALS TESTING SERVICES ASSOCIATED
WITH THE CULLEN BOULEVARD EXTENSION PROJECT.
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 and
HBC/Terracon 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 for materials testing services
associated with the Cullen Boulevard ExtensiOn Project.
PASSED, APPROVED and ADOPTED this the 28th day of June
A.D., 2004.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2004-101
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and HBC/TerraCon (hereinafter "Engineer") as follOws:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide Construction Material Testing Services on the
Cullen Boulevard Extension.
Engineer/Subconsultant(s) Fee Basis of Compensation
H BCFFerracon $54,930.00 NTE-Salary
Maximum Contract Amount $54,930.00 NTE-Salary
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Attachments: Scope of Services - Exhibit A
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. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work fOr the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and have the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approval, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included ir}
the scope of work. Unless otherwise agreed upon, the method of compensation shy. it
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits.)
of the Engineer's employees whose time [s directty
!
chargeable to the project; 2) an agreed upon multiplier to compensate the
Engineer for overhead and profit; and 3) reimbursement for direct
nonsalary expenditures and subconsultant contracts as defined in the
scope of work for the project. The Engineer shall provide a proposal that
includes the total fees for the project, which shall not be exceeded without
prior City approval:
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual coSts
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid fo~'
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer ar;d
City.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one-half percent (1/2%) per
month from said thirtieth (30th) day, and, in addition, Engineer may, after givin9
2
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 8 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. Prior_to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project 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 Project 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 project 'schedule, through no fault of the Engineer,
additional contract time may 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 upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
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
corrective action, which may include 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 liabil~'ty 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. 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 fui'nished to the
City.
8. 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.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Gov~rninq 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.
11. 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.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. 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 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.
EXECUTED and EFFECTIVE as ofthe 28th day of June ,20 04
CITY OF PEARLAND
Printed N~m~:' ·
Title: Ci'by Manager
ENGINEER
Printed Name:
Title: O'l~r~_ .c~
STATE OF TEXAS
COUNTY OF ~'~
~--~,BEFOP,/~, ME, the undersigned Notary Public, on this day personally appeared
, t/ /::¢/.5~. ~ , 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.
__..(¢L,~.GIVEN UNDER MY HAND
n .¢__. , A.D., 20.._O"¢ .
PERLA N. LEHMAN ~
Notary Public, Stat~ of Texas ~
STATE OF TEXAS §
COUNTY OF ~12.-l:k-'Z,,~Z/P¢ §
AND SEAL OF OFFICE THIS ,.~'0 DAY OF
BLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: "'~ ~/~ ~//,'
My Commission Expires: /~r ; ! ~ ,~.oo,5~
oc,,4,B/l.FOlNotary Public, on day personally appeared
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o IVEN U~DER MY HAND .¢k~lD SEAL OF OFFICE THIS /~___.),~2/D,~ O/E
/c./' /0 , A.D., 200~-/. ..~ /2// //
~1 .-"~:i~'.~.~;;"-~ SUSAN M. MCPHAIL II / NOTARY PUBLIC IN AND FOR THE
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June 11, 2004
Mr. Joe Wertz, Jr.
Projects Coordinator
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
ll'erracon
Consulting Engineers & Scientists
3602 Third Avenue, North
Texas City, Texas 77590
Phone 409.945.3503
Fax 409.945.5077
www. terracon.com
Subject:
Proposal for Construction Materials Testing Services
Cullen Boulevard Extension
Pearland, Texas
HBC/Terracon Cost Estimate No. 91-0041-04
Dear Mr. Wertz:
HBC/Terracon is pleased to submit this proposal to provide construction materials testing
services for the above referenced project. We understand we have been selected to provide this
service based on our professional qualifications. In this letter we have presented our
understanding of the scope of the project, our proposed services, and our budget.
A. PROJECT INFORMATION
The Project generally consists of drainage improvements and roadway widening. The pavement
will consists of concrete pavement on top of stabilized subgrade. Asphalt pavement is also
included in the Project.
B. SCOPE OF SERVICES
HBC/Terracon proposes to provide the following scope of services, based on our experience with
similar projects. Our services will be provided on a "call-out" basis, as scheduled by the person
designated by the City of Pearland.
1. Earthwork Testing:
a) Sample subgrade, backfill, and treated materials. Prepare and test the samples for
the Atterberg Limits Test, -200 sieve, and moisture density relationship.
b) Perform field density tests using the nuclear method, to determine the moisture
content and percent compaction of the soil materials.
c) Perform gradation tests on lime-stabilized subgrade material.
2, Concrete Testing:
a) Sample the fresh concrete, perform slump, air content, concrete temperature, and
cast test specimens during placements.
b) Perform compressive tests of concrete test cylinders cast in the field for
miscellaneous concrete.
c) Obtain cores to verify the thickness of the pavement.
Delivering Success for Clients and Employees Since 1965
More Than 60 Offices Nationwide
Cullen Blvd. Extension - City of Pearland
HBC/Terracon Cost Estimate No. 91-0041-04
June 11,2004
lrerracon
3. Hot Mix Asphalt Pavement:
a) Assist the Contractor in establishing a rolling pattern by providing field densities with
a nuclear gauge.
b) Sample asphalt for laboratory testing and document placement temperature.
c) Perform laboratory classification tests including specific gravity, lab molded specimen
density, Hveem stability, extraction and gradation.
d) Obtain cores of the pavement and test for bulk specific gravity to determine in-place
compaction (if requested).
4. Project Management:
a) Review concrete and asphalt mix designs, if requested by TCB
b) Coordinate field and laboratory testing,
c) Review laboratory and field test reports,
d) Control our budget and invoice.
Additional Services:
If work beyond the scope listed above is requested by the Client, HBC/Terracon will issue a short
Supplement to the Agreement form, or Supplement Proposal, that outlines the additional work to
be performed and the associated fees. To authorize us to begin this additional work, you simply
return a signed copy of the Supplement.
Project Schedule:
Field testing services will be provided on a "call-out" basis when scheduled by your representative
or the Contractor's representative. A minimum of 24-hours notice is required to schedule our
services, although we will attempt to meet requests in a shorter time frame. HBC/Terracon will
only provide testing when called by your onsite representative. The extent of our
observations and documentation will be limited to the items observed during the site
visits.
C. PROJECT FEE
Our not-to-exceed budget to perform the proposed scope of services is $54,930. A breakdown of
this budget is attached. You will be invoiced on a monthly basis for services actually performed.
We will not exceed our budget prior approval from the City of Pearland.
Fees for services provided will be based on the unit rates shown in the attached Budget Estimate.
Services not included in this cost estimate, which may be requested or provided throughout the
job, will be billed at HBC/Terracon's rates, attached. A 4-hour minimum charge will apply for field
services other than cylinder and sample pickups. Overtime is defined as all hours in excess of
eight per day, outside of the normal hours of 7:00 AM to 6:00 PM., Monday through Friday, and
all hours worked on weekends and holidays. Overtime rates will be 1.5 times the hourly rate
quoted.
Cullen Blvd. Extension—City of Pearland
HBC/Terracon Cost Estimate No. 91-0041-04 lierracon
June 11, 2004
D. AUTHORIZATION
Per standard agreement between HBC/Terracon and City of Pearland.
We appreciate the opportunity to provide this cost estimate and look forward to working with you.
Please call us at 409-945-3503 if you have any questions or comments regarding this proposal.
Sincerely,
HBGlierracon
Noosha . mith, P.E.
Manager-Galveston County Office
Construction Services
Attachment: Budget Estimate
Cullen Blvd. Extension - City of Pearland
HBC/Terracon Cost Estimate No. 91-0041-04
June 11, 2004
BUDGET ESTIMATE
Cullen Blvd. Extension
Pearland, Texas
Service Quantity Unit Unit Rate Estimate
Engihe~ring ~e~hniCi a~
Based Technician for 100 days at average 8 hrs/day and 65 days at average 4-hrs/day
Engineering Technician 1060 hour
Vehicle Charge 165 trip
Nuclear Gauge 55 trip
$ 38.00 $ 40,280.00
$ 35.00 $ 5,775.00
$ 35.00 $ 1,925.00
Sub-total $ 47,980.00
Moisture Density Relationship
Atterberg Limits
Percent passing ¢200 sieve
Compressive strength for cement stabilized sand
Asphalt (lab testing and coring)
Cylinder Tests (4 cyl per set)
Concrete Cores for thickness verification
5 each
4 each
3 each
10 set
2 sample
200 cylinder
2 lump sum
Project Management 10 hour $ 115.00 $
Estimated Budget $
$ 150.00 $ 750.00
$ 45.OO $ 180.00
$ 40.00 $ 120.00
$ 45.OO $ 45O.OO
$ 600.00 $ 1,200.00
$ 12.00 $ 2,400.00
$ 350.00 $ 700.00
Sub-total $
5,800.00
.
1,150.00
54,930.00
Cullen Blvd. Extension - City of Pearland
HBC/Terracon Cost Estimate No. 91-0041-04
June 11,2004
' 'erracc n
BUDGET ESTIMATE
Cullen Blvd. Extension
Pearland, Texas
Service Quantity Unit Unit Rate
Based Technician for 100 days at average 8 hrs/day and 65 days at average 4-hrs/day
Engineering Technician 1060 hour $ 38.00
Vehicle Charge 165 trip $ 35.00
Nuclear Gauge 55 trip $ 35.00
Sub-total
Moisture Density Relationship
Atterberg Limits
Percent passing #200 sieve
Compressive strength for cement stabilized sand
Asphalt (lab testing and coring)
Cylinder Tests (4 cyl per set)
Concrete Cores for thickness verification
Estimate
$ 40,280.00
$ 5,775.00
$ 1,925.00
$ 47,980.00
Project Management 10 hour $ 115.00 $ 1,150.00
Estimated Budget $ 54,930.00
5 each $ 150.00 $ 750.00
4 each $ 45.00 $ 180.00
3 each $ 40.00 $ 120.00
10 set $ 45.00 $ 450.00
2 sample $ 600.00 $ 1,200.00
200 cylinder $ 12.00 $ 2,400.00
2 lump sum $ 350.00 $ 700.00
Sub-total $ 5,800.00