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R2020-235 2020-11-09 RESOLUTION NO. R2020-235 A Resolution of the City Council of the City of Pearland, Texas, authorizing a construction materials testing contract with QC Laboratories, Inc., in the estimated amount not to exceed $64,700.00, for the Shadow Creek Ranch Park Project (Phase II). 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 Shadow Creek Ranch Park 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 Shadow Creek Ranch Park Project. PASSED, APPROVED and ADOPTED this the 9th day of November, A. . 2020. TOM REID MAYOR ATTE : AL R AN, TRMC, CMC � �PR�NO CITY SECRETARY �`" �G : ys 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 QC Laboratories, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Materials Testing Services for a project known and described as Shadow Creek Ranch Park Phase II ("PROJECT"). (Project # PK2001) 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. 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. Design 1 of 7 D2.Revised 04/2019 (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. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed eight(8)months after execution of this contract. Design 2 of 7 D2 Revised 04/2019 SECTION III-CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed$64,700.00. 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 • 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. Design 3 of 7 D2 Revised 04/2019 • 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 10810 Northwest Freeway, Houston, TX 77092. 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 Design 4 of 7 D2 Revised 04/2019 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. 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. Design 5 of 7 D2 Revised 04/2019 SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. .77/ CITY OF P D, TEXAS DATE (s24.)07 (AA} CONSULTANT DATE Design 6 of 7 D2 Revised 04/2019 House Bill 89 Verification I, ‘c,&.r% C,(\ lA, (Person name), the undersigned representative (hereafter refeirred to as "Representative") of Qe, Lia <6..C.r' es z� L. (company or business name, hereafter referred to 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 (-2 an action made for ordinary business purposes. SIGNATUE 0(\FIIS ATI SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this ZV%-day of (D ck.j -,c , 207). _____Th.„,., Notary Public ' Demon DOW My Commission Exp es 4, (�+� t 140/2023 +�' 1. ID No. t2.339e53 Design 7 of 7 D2 Revised 04/2019 LABORATORIES INC. Engineering and Testing Services September 15, 2020 City of Pearland 2559 Hillhouse Pearland,Texas 77584 Attn: Mr. Morgan Early Project Manager City of Pearland P: 281-652-1734 E: mearly@pearlandtx.gov Re: Construction Materials Testing Services Shadow Creek Ranch Park— Phase 2 13050 Shadow Creek Parkway Pea rland,Texas 77584 QCL Estimate No: 25609 Rev.1 Dear Morgan: QC Laboratories, Inc. (QCL) is pleased to submit this cost estimate to provide Construction Materials Testing Services for the project referenced above. This cost estimate has been prepared in general accordance with recent information provided. PROJECT DESCRIPTION We understand the project consists of the following: 1. Construction of a 3,000 square feet CMU walled restroom /concessions building and a 2,300 square feet steel-framed maintenance building. 2. Construction of a baseball field as well as synthetic turf multi-purpose fields, covering an area of approximately 165,000 square feet. 3. Placement of approximately 80,000 square feet of concrete pavement and drives. 4. Placement of approximately 4,000 linear feet of concrete sidewalk. 5. Placement of approximately 3,000 linear feet of storm sewer line. This cost estimate was created using plans provided by the client on August 11, 2020. Should revisions be made to the plans, we will be happy to revise the cost estimate accordingly. 10810 Northwest Freeway • Houston TX 77092 • Tel:713-695-1133 • Fax:713-695-0808 Construction Materials Testing Services Page 2 COP—Shadow Creek Ranch Park Phase 2 September 15, 2020 QCL No: 25609 Rev.1 SCOPE OF SERVICES The actual scope of services will be based on the project specifications and the specific needs of the client. Based on the information currently available to us, we anticipate the following services will be provided: Earthwork Inspection and Testing • The technician will obtain representative samples of the subgrade and fill materials. The samples will be delivered to our laboratory facility for testing. Laboratory testing will include Moisture/Density Relationships,Atterberg Limit(PI) determinations, and #200 Sieve Analysis. • The technician will observe the contractor proof-rolling activities to detect any weak or soft areas in the subgrade soils. • The technician will perform in-place soil compaction tests at the frequency required by the project specifications to determine moisture content and degree of field compaction. Drilled Pier Inspection • During construction of the drilled piers, the technician will provide inspection to verify the plan location, depth, and dimension of each pier foundation. • The technician will verify that the drilled piers are founded in the proper bearing strata by visually inspecting the soils, measuring the depth of pier bottom and utilizing a pocket penetrometer. • The technician will verify the size, length, and number of reinforcing bars placed in each pier. Concrete Inspection and Testing • The project manager will review all proposed concrete mix designs to verify compliance with ACI 318, ACI 613, and the project specifications. • The on-site technician will monitor the concrete temperature, ambient temperature, batch time and placement. The technician will also sample concrete at the frequency specified in the project specifications. Detailed information regarding the location of the placement, date of the placement and concrete mixture strength requirement will be documented in the field report. • The concrete specimens will be delivered to the laboratory where they will be permanently identified and placed in a moist curing environment. The cylinders will be tested for compressive strength at the designated test age. At each test age, a report will be issued that includes the results of the field and laboratory testing as well as, any pertinent observations made during the concrete placement. www.qclabs.com Construction Materials Testing Services Page 3 COP—Shadow Creek Ranch Park Phase 2 September 15,2020 QCL No: 25609 Rev.1 Masonry Inspection/Testing • The technician will pick up samples of the masonry units to be tested for compressive strength. • The technician will obtain masonry prism samples to be prepared by the masonry subcontractor for compressive strength testing. • The technician will sample and prepare mortar test specimens to be tested for compressive strength. • The technician will sample and prepare grout prisms for compressive strength testing. QCL-REPORTING QCL utilizes a state-of-the-art electronic reporting system (e-Reports) to make assignments, issue reports and manage the project budget. Our clients may receive signed reports by e-mail, fax or they may view download reports from a secure web site 24 hour per day. Any client-designated individual may use the website to obtain a report. Clients can archive all reports and download to a CD at the conclusion of the project. The e-Reports system provides faster accessibility to signed reports and eliminates any need for a client to collect and store paper copies. For more information on QCL e-Reports visit the QCL website at www.qclabs.com QCL- BUDGET ESTIMATE Based on the information currently available we have made an estimate of the total inspection and testing cost. The estimate is enclosed and provides a breakdown of each of the services. The actual cost will be dependent on the construction schedule used by the contractor and the efficiency of the construction effort. The total estimated cost for this project is: $64,700 Please keep in mind this is only an estimate, and you will be invoiced for the actual services requested by you or your representative at the unit rates in this cost estimate. If there is a needed service that has not been included in the estimate, we can modify the cost estimate. Additionally, if there is a difference between your anticipated budget and what we have proposed, please contact us so we can work with you to optimize your quality budget. SCHEDULING &CLIENT RESPONSBILITIES As previously noted, we provide services on a call-out basis and have no control over project scheduling or when services are requested. The client or their designated representative is responsible for scheduling all inspections. Also, QCL is not responsible for accepting or rejecting any aspect of the project construction. Test results are for use by the client in making decisions relating to acceptance. www.qclabs.com Construction Materials Testing Services Page 4 COP—Shadow Creek Ranch Park Phase 2 September 15, 2020 QCL No: 25609 Rev.1 If you have any questions concerning our cost estimate, or would like to discuss the scope of work, please feel free to call me at 713.695.1133 for assistance. We understand that the City of Pearland will issue a Contract for Professional Services to be signed by us. We appreciate the opportunity to be of service to you. Sincerely, QC LABORATORIES, INC. (Texas Registered Engineering Firm F-3601) Damon Dolat Vice President Compiled By: Damon Dolat Enclosures: Estimate of Fees www.qclabs.com Ilk LABORATORIES, INC. Engineering oral Testing Services Date: 9/15/2020 10810 Northwest Freeway Client: City of Pearland Houston,TX 77092 Project Name: Shadow Creek Ranch Park—Phase 2 Tel: 713-695-1133 QCL Estimate No: 25609 Rev.1 Fax: 713-695-0808 Unit Unit Service Cost Basis No. Extension Site Utilities/Subgrade Inspection/Soil Fill Engineering Technician $ 49.00 Hour 469 22,981 Engineering Technician O.T. $ 73.50 Hour 87 6,395 Vehicle Charge $ 59.00 Trip 60 3,540 Density Gauge Rental $ 60.00 Trip 58 3,480 Moisture/Density Relationship(ASTM D-698 Method A) $ 175.00 Each 6 1,050 Moisture/Density Relationship(Stabilized) $ 185.00 Each 3 555 Optimum Lime Determination by pH Method $ 185.00 Each 1 185 Atterberg Limits(ASTM D-4318) $ 60.00 Each 6 360 Minus#200 Sieve Analysis(ASTM C-1140) $ 45.00 Each 6 270 Compressive Strength Cement Stabilized Sand $ 50.00 Each 12 600 Subtotal 39,416 Foundation Installation Engineering Technician $ 49.00 Hour 44 2,156 Engineering Technician O.T. $ 73.50 Hour 3 221 Vehicle Charge $ 59.00 Trip 9 531 Compressive Strength Test(ASTM C-39) $ 16.00 Each 24 384 Subtotal 3,292 Concrete Inspection Concrete Mix design Review for ACI Compliance $ 100.00 Each 3 300 Engineering Technician $ 49.00 Hour 178 8,722 Engineering Technician O.T. $ 73.50 Hour 28 2,058 Vehicle Charge $ 59.00 Trip 43 2,537 Compressive Strength Test(ASTM C-39) $ 16.00 Each 168 2,688 Subtotal 16,305 Structural Masonry Engineering Technician $ 49.00 Hour 21 1,029 Engineering Technician O.T. $ 73.50 Hour 0 0 Vehicle Charge $ 59.00 Trip 6 354 Compressive Strength Mortar Cubes(ASTM C-109) $ 14.00 Each 24 336 Grout Prisms(ASTM C-1019) $ 30.00 Each 16 480 Subtotal 2,199 Project Management Project Management $ 75.00 Hour 47 3,525 Project Manager-Project Site Visits $ 75.00 Hour 0 0 Project Manager-Vehicle $ 59.00 Trip 0 0 Subtotal 3,525 TOTAL COST ESTIMATE $ 64,700 This total cost estimate is based on the information currently available concerning the service scope and estimated construction schedule. Services will be invoiced based on the actual units provided above. DATE(MM/DD/YYYY) ACCPR o® CERTIFICATE OF LIABILITY INSURANCE 10/28/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Higginbotham Insurance Agency, Inc. PHONE Bee Bigtacion FAX 11700 Katy Freeeway, Suite 1100 (A/C.No.E1d):713-888-3951 (A/C,No):713-952-9939 Houston TX 77079 ADDRESS: bbigtacion@higginbotham.net INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Ins Co of the Mid West 37478 INSURED QCLAB2 INSURER B:Hartford Casualty Insurance Co 29424 QC Laboratories, Inc. QC Group, Inc. INSURER C:Texas Mutual Insurance Company 22945 10810 Northwest Freeway _INSURER D:Hartford Accident and Indemnity Co 22357 Houston TX 77092 INSURER E:Lexington Insurance Company 19437 INSURER F: COVERAGES CERTIFICATE NUMBER:826871588 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRJf1SD W /Y VD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) D X COMMERCIAL GENERAL LIABILITY 61UUNHF4230 1/31/2020 1/31/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 61UUNHF4230 1/31/2020 1/31/2021 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR 61RHUHF3696 1/31/2020 1/31/2021 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$-from $ C WORKERS COMPENSATION 0001319350 1/31/2020 1/31/2021 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 E PROFESSIONAL LIABILITY 031565476 5/12/2020 5/12/2021 PER CLAIM $1,000,000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pearland 3519 Liberty Drive AUTHORIZED REPRESENTATIVE Pearland TX 7758452‘ 4 74 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: QCLAB2 LOC#: AR® ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Higginbotham Insurance Agency,Inc. QC Laboratories,Inc. QC Group,Inc. POLICY NUMBER 10810 Northwest Freeway Houston TX 77092 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE GENERAL LIABILITY: The General Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The General Liability policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The General Liability policy includes a primary and non-contributory provision only when there is a written contract between the insured and the certificate holder that requires such provision. AUTOMOBILE LIABILITY: The Commercial Automobile policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The Commercial Automobile policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The Commercial Automobile policy includes a primary and non-contributory provision only when there is a written contract between the insured and the certificate holder that requires such provision. WORKERS COMPENSATION: The Workers Compensation policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. UMBRELLA: The Umbrella Liability policy is follow form on the General Liability,Automobile Liability and Employers'Liability policies. Project:PK2001 Shadow Creek Ranch Park CMT ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Form 11Y-9 Request for Taxpayer Give Form to the (Rev.October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. QC Laboratories, Inc. 2 Business name/disregarded entity name,if different from above co 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to m following seven boxes. certain entities,not individuals;see a Cp ❑ Individual/sole proprietor or El C Corporation ✓❑ S Corporation instructions on page 3): rp ❑ Partnership ❑Trust/estate rn single-member LLC a c Exempt payee code(if any) N/A Z.1 ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► o Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting n LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code(if any) N/A .c c.) is LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that O. is disregarded from the owner should check the appropriate box for the tax classification of its owner. h ter instructions)► N O ❑ (see (Applies to accounts maintained outside the U.S.) O. 5 Address(number,street,and apt.or suite no.)See instructions.� P� Requester's name and address(optional) cn 10810 Northwest Freeway 6 City,state,and ZIP code Houston,TX 77092 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other — — entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 7 6 - 0 4 1 8 9 3 4 Part II Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividInd$,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign ///J Signature of Here U.S.person► ��j�—L- ��<_�__. Date► 01/06/2020 General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. .J Name of vendor who has a business relationship with local governmental entity. C �. c bo rGt_�r i t c) l Irk G 2.1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. N AA. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). /6 — CS Zoe Signature of vendor doing business with t governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2020-683164 QC Laboratories, Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/27/2020 being filed. City of Pearland Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. PK2001- Shadow Creek Ranch Park Phase II 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Damon Dolat , and my date of birth is May 21, 1980 My address is 1960 Haddon St. Houston TX 77019 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Harris County, State of Texas ,on the 27 day of October_ ,2020 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d 27 October 2020 To: Mayor and City Council members Memo Background and recommendation for award of Shadow Creek Ranch Park Phase II oft ,° r4. improvements, to be reimbursed by TIRZ To: Clay Pearson, City Man,ger #2. Clay • tighW224411 From: Morgan R Early, Pro'-ct Manager TEXAS �sr 10% CC: Jon Branson, De%uty City Manager Trent Epperso Deputy City Manager Robert D. Up 4n, P.E., Director of Engineering & Capital Projects Skipper Jones, Assistant Director of Capital Projects Chris Orle., Director of Parks and Recreation Date: Octob 22, 2020 Re: Shadow Creek Ranch Park Phase II Purpose This memo provides information about the progress of the Shadow Creek Ranch Park Phase II project and advanced notice of the proposed Construction contract award for the project to Forney Construction, LLC. This contract, as well as the proposed construction material testing (CMT) award to QC Laboratories, is scheduled for presentation to Council on the November 9, 2020 meeting agenda. Background Phase II of the Park project provides major upgrades to the Shadow Creek Ranch Sports Complex. Phase I construction was completed in 2016 and included a restroom and concessions building under the pavilion, a lawn amphitheater, youth and adult ballfields, playground equipment and associated detention, lighting and irrigation systems. As the City continues to grow in cultural diversity, there is an increased desire for facilities that cater to previously considered niche sports, such as cricket and rugby. The Phase II improvement project includes the addition of(2)cricket/rugby fields which are sized to meet the needs of the three levels of cricket players: youth, soft ball and hard ball players. The project will also address the expanding needs to provide opportunities for an improved quality of life for physically challenged citizens. As a result, this complex will include the installation of a multi-purpose "Miracle Field" designed to safely accommodate special needs athletes. The improvements will include 250 additional parking spaces, a new left-turn lane off of Kingsley, and a 4,300 square foot concession building with locker rooms, huddle rooms, and restrooms. In Phase I, the project was unable to provide a desired on-site Parks and Recreation maintenance building. The inclusion of a 2,200 square foot pre-engineered metal building (PEMB) shell with a restroom, an office and a warehouse for maintenance equipment with overhead doors was able to be included in Phase II. The addition of this warehouse was a result of some remaining funds from the Phase I project and also from careful control of the amenity budget and design throughout the development of this project. This project is funded from Certificates of Obligation which will utilize reimbursement from the Tax Increment Reinvestment Zone (TIRZ) No. 2 letter of funding agreement(LFA)which was adopted at the September 28, 2020 Council meeting. The budget includes funding for the Contractor's scope of construction work, the Construction Material Testing lab's scope, and acquisition of several owner provided items that are being purchased through the BuyBoard Cooperative Agreement. The City provided items include: the rugby/cricket field turf and shock pads, the additional lighting for the fields and complex, necessary waste and recycle receptacles, shade structures, team benches, small maintenance equipment and spectator bleachers. Bid and Award Advertising for the project commenced on August 5, 2020 and followed the standard practice of publishing for two consecutive weeks and a mandatory pre-bid conference was held the 15th day. Four addenda were issued, providing clarifications, answering questions and revising project manual sections and construction plans as necessary. Competitive Sealed Proposals were publicly opened on September 3, 2020 with option to attend in-person or virtually via a call-in phone number. There were six proposals received, evaluated per the selection criteria outlined in the project manual and ranked in order of provision of Best Value to the City. The Selection Criteria is as follows, each with a specified Point Value, totaling 50 points: 1. Proposed price for performance of the full scope of work (50 points) 2. Experience and qualifications of Offeror's project team (15 points) 3. Offeror's experience with projects of similar scope, value and complexity (10 points) 4. Completeness of Offeror's project approach narrative and proposed schedule (5 points) 5. Reputation and Offeror's history with proposed sub-contractors/vendors (10 points) 6. Offeror's Quality Assurance Program and Safety Record (5 points) 7. Offeror's financial capacity to adequately fund the work of the project (5 points) The Competitive Sealed Proposal process, under Texas Government Code 2269, allows the City to consider the contractor's proposed schedule, experience, reputation, safety record, and project approach, in addition to price, which is imperative for multi-discipline projects that require an experienced contractor. Proposals were evaluated by Staff from Engineering and Parks and Recreation and the design consultant, Kimley-Horn (KH). Scores ranged from 72.29 to 83.25 out of 100. The two highest scoring contractors were Forney Construction, LLC (83.25) and SpawGlass Civil Construction, Inc. (79.22). Excluding the price points, SpawGlass scored 39.63 and Forney scored 33.25 for qualifications. Based on price proposals, SpawGlass was the among lowest ranking respondents with 39.59 points earned, while Forney was the highest scored, gaining the full 50 points for having the lowest proposed price. The attached Exhibit A: Contractor Scoring Table details the scoring each respondent received and their subsequent ranking. Staff and the design team then interviewed both highest scoring contractors (Forney and Spaw)to allow them to provide further details on their experience with local specialty turf recreational areas, previous lessons learned on those similar projects and their relationships with the subcontractors they proposed. Forney Construction, LLC demonstrated experience with similar scope and value work completed on recent projects, such as several Greater Houston golf courses and the Houston Arboretum and Nature Center. Their project team has worked together for seven years completing these, and other, projects. Their dedicated project manager has 23 years of experience in golf course construction, which mirrors the specifics in this project in terms of drainage, compaction and grading requirements. Forney also provided a realistic schedule that incorporated efficient subcontractor coordination to reach milestones and complete the project ahead of schedule. Kimley-Horn contacted the references provided and received only positive feedback from previous, and often, reoccurring customers. Additionally, Forney illustrated they had a long-standing relationship with their proposed subcontractors and provided with their proposal a sum of subcontract values with each based on a five-year history. Based on these conversations that displayed their knowledge and experience, Kimley- Horn has provided a Recommendation of Award to Forney Construction, LLC. Staff ranked SpawGlass highly for their project approach and the experience and qualifications of their team. They interviewed very well and scored just below Forney in Staff evaluations. SpawGlass also was one of the few contractors who would be self-performing a significant portion of the project. SpawGlass proposal came in above the engineer estimate at $5,397,810 with $352,315 in add alternates (totaling $5,750,125). Forney's base bid amounted to $4,266,065.70 before the alternates and staff recommends the inclusion of all additional alternates proposed in the bid form, which total $286,319.10, for a total recommended contract award of totaling $4,552,384.78. The alternates include adding a parking area to the northwest and installation of bleachers, shade structures and additional lighting which are to be direct purchased by the City. With the alternates included, Forney's proposed total price for the work is $1,197,740 below that of SpawGlass. Staff received proposals for the direct purchase items,through the BuyBoard, which include the multi-purpose field turf and shock pad, three shade structures, spectator bleachers, team benches, waste and recycle receptacles, and a lighting package for the improved areas. The design consultant included these items in their opinion of probable cost and their inclusion has been incorporated since inception. The high value direct purchase items are the turf and shock pad from Paragon Sports which is proposed at $1,314,144 and the sports field and complex lighting package from Musco which is proposed at $1,210,500. Staff is preparing these contracts for recommendation to Council. The original Request for Proposal included a 255-day schedule. Forney's proposed schedule includes 215 days for Substantial Completion,with an additional 30 days to achieve final completion.With Council approval in early November, Staff intends to hold the pre-construction conference and issue the contractor's Notice to Proceed in December 2020. Anticipated construction completion is August 2021. As part of any project the need for Construction Materials Testing will be provided. Staff will be submitting to Council for approval on November 9, 2020 will be a Construction Materials Testing (CMT) contract to QC Laboratories, Inc in the amount of$64,700. Schedule Base Line Current Design Start February-19 April-19 Bid Start October-19 August-20 Construction Start November-20 December-20 Proposed Construction Completion August-21 Budget Info Funding Sources Series To Date Future Total Budget General Revenue -Cash - Certificates of Obligation - TIRZ Reimbursable Debt(CO) 2019E 650,000 650,000 TIRZ Reimbursable Debt (CO) 2020E 9,070,000 9,070,000 General Obligation Bonds - W/S Revenue Bonds - Impact Fee - Debt - Other Funding Sources- Phase I 296,834 296,834 Total Funding Sources 10,016,834 - 10,016,834 Expenditures To Date Future Total PER - Land - Design 613,700 613,700 Construction 8,852,385 8,852,385 Construction Management/Inspection - Construction Materials Testing 64,700 64,700 FF&E - Total Expenditures 613,700 8,917,085 9,530,785 Project Balance/Contingency 486,049 The Shadow Creek Ranch Park Phase II project is currently funded by COs that will be reimbursed by Pearland Tax Increment Reinvestment Zone (TIRZ) No. 2. Recommendations On November 9, 2020 Staff will recommend Council award the contract to Forney Construction, LLC in the amount of$4,552,384.78 and to recommend approval for the Construction Materials Testing (CMT) contract to QC Laboratories, Inc in the amount of$64,700 Previous Memos: 02/07/19, 07/11/19, 12/5/19, 01/23/20 Project Map VICINITY MAP l'hiiimit .a. Maintenance —m. „ di....'''''-,-,,._____...._____,, Building I i j Ttth.ti «, .r a Multi-Purpose Fields •��r�.lyt.b 1 o Parking 1 f s .i.... ,,,� Phase II ."- Concession Building u, I • ?I Miracle Field Y 'w t - . ffffff � I 444 '' rri. i:' 1 .Aa',„4.7 ,'_0.1t:-;1-4.-•4.1•.41/-a,1 ft--1l.1, fAI ~w .F: e Ie, .y v.. , . Legend/Notes 14.800 Pa IC-a c-!� +rq 1 inch=400 feet Shadow Creek Ranch Park Phase IIDAsial o .�.�, ..WI.. a .►ip swam, .,..•..roe...... : Project Concept Map MOM A mum PURPOSE FIELD N.EXISTING BALLFIELDS t.,4 B PARKING 1 EXISTNG PARKING ',kA.� C MIRACIL I IEEO J EXISTING PAYIt ION OD 0%STAM/CONCESSIONS IL ENTRY ENIWJCF/AENT 4 E.FUTURE PLAYGROUND I.FUTURE OYERLOOX „ ~ VINO COURT M.FUTURE MAWBLDG a♦ t. DETENTION N FUTURE MAIM LOT _ . -... . A a n ! 'J r: T'.. may, . • ' - 10 �4t '.x� ,aid if 4* ` I TI 1z. • ... `. I' '. ,- :ale i ° V.I , u u1 ,% �. THE SPORTS COMPLEX AT SHADOW CREEK RANCH PRELIMINARY DESIGN Kimley0Horn PREPARED FOR THE CITY OF PE ARLAND.TEXAS