R2021-017 2021-01-25RESOLUTION NO. R2021-17
A Resolution of the City Council of the City of Pearland, Texas, authorizing
a construction materials testing contract with Geoscience Engineering &
Testing, Inc., in the estimated amount of $124,595.00, for the Intersection
Improvement Project (Windward Bay at Broadway; Pearland Parkway at
Oak Ridge; and Dixie Farm Road near Long Oak).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for construction materials testing services
associated with the Intersection Improvement 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 materials testing services
associated with the Intersection Improvement Project.
PASSED, APPROVED and ADOPTED this the 25th day of January, A.D., 2021.
VIN COLE
AYOR
ATTEST:
CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and GeoScience ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Materials Testing Services for a
project known and described as Intersection Improvements (Windward Bay/Broadway,
Oakridge/Pearland Parkway, and Long Oak/Dixie Farm), Pearland Parkway Traffic
Improvements, and Pearland Parkway Traffic Circle Modifications ("PROJECT"). (Project #
TR1803, TR1902, & TR1903)
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:
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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.
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.
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(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. The CONSULTANT shall agree to waive its Right to
Subrogation. 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.
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.
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SECTION II - PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the construction
related work not to exceed 20 months after execution of this contract.
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SECTION III - CONSULTANT'S COMPENSATION
A. The total compensation for the services performed shall not exceed $124,595.00
($21,182.50 — TR1803, $20,287.50 — TR1902, & $83,125.00 — TR1903).
B. The CITY shall pay the CONSULTANT in monthly installments based upon Unit
Prices shown in the SCOPE OF WORK attached.
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.
D. CONSULTANT shall invoice for work performed during the preceding thirty day
period ("Billing Period"). The Billing Period shall run from the 26th day to the
25th day of each consecutive month. Invoices shall be submitted to CITY not
more frequently than once every 30 days. CONSULTANT shall be responsible
for timely submittal of all invoices and CONSULTANT shall not be entitled to
payment for invoices in arrears. All invoices shall reflect most recent single
Billing Period only and represent the true, correct and accurate account of work
performed during the Billing Period.
E. For an agreed contract amount identified as "Lump Sum", Not to Exceed" and
"Reimbursable" the CONSULTANT shall not exceed the fixed contractual
amount without written authorization in the form of a Contract Amendment.
CONSULTANT shall provide 45 days prior notice to the CITY in the event
contract fees may exceed the fixed contract amount. CONSULTANT shall be
responsible for ensuring that such authorization is complete and executed by all
parties performing any work or submitting any invoices for work that exceeds the
fixed contract amount under any expense category.
F. Allowable Reimbursable Expenses
CONSULTANT shall identify and include in the proposal any anticipated
Reimbursable Expenses, and shall itemize Reimbursable Expenses by work
category. Reimbursable Expenses shall be invoiced AT COST without
subsequent markup by the CONSULTANT. All invoices containing a request for
Reimbursable Expenses shall include copies of the original expense receipts
itemized per the allowable category. Allowable Reimbursable Expenses include:
• Hard copy reproductions, copies and/ or binding costs
• Postage
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• Mileage, for travel from Consultant's local office (within a 25 mile radius)
to meetings at the City or job -site. Mileage shall be charged at the current
IRS rates.
• Travel expenses, mileage from local office to State or federal regulatory
agency office beyond 100 miles.
• Lodging expenses, for destinations beyond 100 miles from the
Consultant's local office AND when business hours exceed eight hours
within one business day OR requires more than one eight hour day.
F.2. Disallowed Expenses
Disallowed Expenses include travel expenses for professional expertise traveling
into the greater Houston area from Consultant offices outside of the greater
Houston area.
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.
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 405 E. 20th Street, Houston, TX 77008.
Immediately after receiving such written notice, the CONSULTANT shall
discontinue providing the services under this CONTRACT.
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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 15`h 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 CONSULTANT
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.
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.
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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.
CITY OF ' •11 AND, TEXAS
DATE
DATE
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House Bill 89 Verification
I, t>(_�; ) • C (Person name), the undersigned
representative (here`afWtjzeferred to as "Representative") of Gets Sr rr-,7c:
\- S -0 rc .. , l IUC , (company or
busillyss nam lereafter referred"ttj as "Business Entity"), being an adult over the age
of eighteen (18) years of age, after being duly sworn by the undersigned notary, do
hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of
Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Pearland; and
3. That Representative understands that the term "boycott Israel" is defined by
Texas Government Code Section 2270.001 to mean refusing to deal with, terminating
business activities with, or otherwise taking any action that is intended to penalize, inflict
economic harm on, or limit commercial relations specifically with Israel, or with a person
or entity doing business in Israel or in an Israeli -controlled territory, but does not include
an action made for ordinary business purpose
ATttRE O,P REPRESENTATIVE
„UBSCRIBED ND SWORN TO BEFORE ME, the undersigned authority, on
this �- day of �/!4(liit. 20a-/.
;; ^': 4; , TASHALHOLT
ki My Notary # 131809970
t•a itZ/ Expires November 29, 2022
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Notary Public
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GEOSCIENCE
ENGINEERING & TESTING, INC.
HOUSTON
December 29, 2020
City of Pearland Engineering and Projects
3519 Liberty Dr.
Pearland, TX 77581
281-652-1637 Phone
281-745-7859 Cell
fweekly@pearlandtx.gov
Attention: Fatema Weekly
Project Manager
405 E. 20th Street
Houston, Texas 77008
713.861.9700
713.861.4477 Fox
THE WOODLANDS
Reference: Construction Phase Services - Materials Testing
Pearland Parkway Traffic Improvements TR-1902
2018 Intersection Improvements TR-1803 (Broadway Street at Windward Bay Drive)
Pearland Parkway Traffic Circle Modifications TR-1903
City of Pearland, Texas
GETI Proposal No. 20130
Geoscience Engineering & Testing, Inc. (GETI) is pleased to provide our proposed fee for material testing
services in response to your request for the above referenced project.
Project Information
Project information was provided by City of Pearland Engineering and Capital Projects Department
through E-Bid System and included the following:
1. Project Drawings provided by The City of Pearland.
Project consists of intersection improvements along Pearland Pkwy at Forest Park Ln and Summit
Springs Ln., Windward Bay Dr. at Broadway St., Oak Ridge Dr at Pearland Pkwy, Dixie Farm Rd near Long
Oak Dr., and traffic circle improvements at intersection of Pearland Pkwy and McHard Rd. This includes
but not limited to subgrade stabilization, concrete paving, storm sewer utilities, concrete sidewalks,
and traffic signal pole installation.
Scope of Work
GETI is pleased to offer a program of acceptance testing and observation which will include the
following items:
A. Proofrolling observations of paving subgrade
B. Laboratory compaction and field density testing of paving subgrade material
C. Chemical stabilization testing and observations for paving subgrade
D. Concrete observations and testing to determine the compressive strength of concrete
E. Drilled pier observations
F. Reinforcement steel observations
G. Utility backfill observations and testing
Fee Estimate
Based on the plans and other documents provided our estimated fees for this project are approximately
$124,595.00. This is a good faith estimate, and suggested budget only, since the actual cost will depend
on the contractor's schedule, which at the time of this proposal was not available, and efficiency, items
over which we have no control. You will be billed only for the actual services performed.
The GETI Fee Schedule of Personnel and Tests is also attached.
We appreciate your consideration and this opportunity. We look forward to working with you on this
project. If you have further questions or require additional information, please do not hesitate to call.
Respectfully Submitted,
GEOSCIENCE ENGINEERING & TESTING INC.
TEXAS F-4802
James
Taylor
Digitally signed
by James Taylor
Date: 2020.12.29
13:23:39-06'00'
James Taylor, CET
Branch Manager
Geoscience Engineering & Testing, Inc.
Attachments Fee Schedules
Ronald C. Falan
Executive Vice President
Geoscience Engineering & Testing, Inc.
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GEOSCIENCE ENGINEERING & TESTING INC.
2018 Intersection Improvements TR-1803 GETI Proposal No. 20130 December 29, 2020
City of Pearland Fee Schedule
Construction Materials Engineering Services Labor Rates
10100
Principal,P.E.
6
Hr.
200.00
$1,200.00
10200
Project Manager
12
Hr.
90.00
$1,080.00
10700
Technician, NICET II, ACI CI, HMA-1A, NDT II, Logger, TxDOTSoil SB-101
160
Hr.
65.00
$10,400.00
10800
Technician, OT
25
Hr.
97.50
$2,437.50
15000
Vehicle Charge
20
EA.
72.50
$1,450.00
Sub Total Labor
$16,567.50
Portland Cement Concrete
30100
Compressive Str. (Cyl inder)
40
Ea
17.00
$680.00
40100
Mix Design Review
2
Ea
200.00
$400.00
Sub Total Concrete
$1,080.00
Soils
90100
Liquid & Plastic Limits
6
Ea
65.00
$390.00
90600
Percent Passing #200 Sieve
1
Ea
50.00
$50.00
92300
OMO Standard Compaction
1
Ea
210.00
$210.00
92800
Optimum Li me Content - PI Method
2
Ea
245.00
$490.00
94100
Cement Sand Compressive Strength
16
Ea
70.00
$1,120.00
94500
OMD Standard Compaction, Treated
3
Ea
225.00
$675.00
95100
Nuclear Density Gauge
12
Trip
50.00
$600.00
Sub Total Soils
$3,535.00
Total of Estimate
$21,182.50
Pearland Parkway Traffic Improvements TR-1902 GETI Proposal No. 20130 December 29, 2020
City of Pearland Fee Schedule
Construction Materials Engineering Services Labor Rates
10100
Principal, P.E.
10
Hr.
200.00
$2,000.00
10200
Project Manager
20
Hr.
90.00
$1,800.00
10700
Technician, NI CETII,ACI CI, HMA-1A, NDT II, Logger, TxDOT Soil SB-101
140
Hr.
65.00
$9,100.00
10800
Technician, OT
24
Hr.
97.50
$2,340.00
15000
Vehicle Charge
25
EA.
72.50
$1,812.50
Sub Total Labor
$17,052.50
Portland Cement Concrete
30100
Compressive Str. (Cylinder)
60
Ea
17.00
$1,020.00
40100
Mix Design Review
2
Ea
200.00
$400.00
Sub Total Concrete
$1,420.00
Soils
90100
Liquid & Plastic Limits
4
Ea
65.00
$260.00
90600
Percent Passingtt200 Sieve
1
Ea
50.00
$50.00
92300
OMD Standard Compaction
1
Ea
210.00
$210.00
92800
Optimum Lime Content - PI Method
1
Ea
245.00
$245.00
94100
Cement Sand Compressive Strength
0
Ea
70.00
$0.00
94500
OMD Standard Compaction, Treated
2
Ea
225.00
$450.00
95100
Nuclear Density Gauge
12
Trip
50.00
$600.00
Sub Total Soils
$1,815.00
Total of Estimate
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$20,287.50
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Pearland Parkway Traffic Crde Modifications TR-1903 GETI Proposal No.20130 December 29, 2020
City of Pearbnd Fee Schedule
Construction Materials Engineering Services Labor Rates
10100
Principal, P.E.
25
Hr.
200.00
$5,000.00
10200
Project Manager
50
Hr.
90.00
$4,500.00
10700
Technician, NICET 11, ACI CI, HMA-1A, NDT II, Logger, TxDOT Soil SB-101
592
Hr.
65.00
$38,480.00
10800
Technician,OT
148
Hr.
97.50
$14A30.00
15000
Vehicle Charge
148
EA.
72.50
$10,730.00
Sub Total Labor
$73,140.00
Portland Cement Concrete
30100
Compressive Str. (Cylinder)
220
Ea
17.00
$3,740.00
40100
Mix Design Review
2
Ea
200.00
$400.00
2112
Concrete Coring Mini mum Charge
2
Ea
350.00
$700.00
2117
Concrete Coring, addl. Thickness (6"-12")
10
Ea
13.50
$135.00
2119
Preparation of Core, Cap&Test
10
Ea
78.00
$780.00
Sub Total Concrete
$4,140.00
Solis
90100
Liquid & Plastic Limits
12
Ea
65.00
$780.00
90600
Percent Passi ng 820 0 Sieve
2
Ea
50.00
$100.00
92300
OMD Standard Compaction
2
Ea
210.00
$420.00
92800
Optimum Lime Content - PIMethod
2
Ea
245.00
$490.00
94100
Cement Sand Compressive Strength
24
Ea
70.00
$1,680.00
94500
OMD Standard Compa ction, Treated
3
Ea
225.00
$673.00
95100
Nuclear Density Gauge
34
Trip
50.00
$1,700.00
Sub Total Soils
$5,84 5.00
Total of Estimate
$83,125.00
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