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R99-076 11-11-99 RESOLUTION NO. R99-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH TERRA-MAR, FOR GEOTECHNICAL SERVICES ALONG WEST LEA, FAR NORTHWEST,AND FITE-HARKEY IN AMOUNTS NOT TO EXCEED$11,981.00,$34,158.00,AND$27,987.00, RESPECTIVELY. 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 Terra-Mar, copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the original of the attached contract with Terra-Mar, for and on behalf of the City of Pearland, for geotechnical services along West Lea Subdivision, Far Northwest (Shadow Creek Development), and Fite-Harkey Road in amounts not to exceed $11,981.00, $34,158.00, and $27,987.00, respectively. PASSED, APPROVED and ADOPTED this the 114h day of 00,- Obe,r , A.D., 1999. TOM REID MAYOR ATTEST: NG L CI Y SE TARP APPROVED AS TO FORM: 1laAA:t-, (11A. CA947 DAR IN M. COKER CITY ATTORNEY PROPOSAL ACCEPTANCE AGREEMENT Description of Services Geotechnical Investigation Project Name: Proposed Sanitary Sewer System Project Location: Shadow Creek Ranch Parkway (McHard Road/FM 2234), Pearland, Texas TERRA-MAR Proposal#: P99-5177-HE APPROVAL AND PAYMENT OF CHARGES. Fees will be billed to the account of, and invoices will be mailed to: Firm: Attention: Title: Address: City: State: Zip: Telephone: Fax: By my signature below, I hereby warrant that I am duly authorized to execute this Proposal Acceptance Agreement, which includes the Attachment(s) specified below, on behalf of the above named firm. PROPOSAL ACCEPTED BY: (Signature) (Print Name) TITLE: DATE ACCEPTED: PAYMENT TERMS: Payable in accordance with the attached agreement(s). Invoices for completed work will be issued every month for continuous or extended projects unless otherwise mutually agreed upon in writing. PROPERTY OWNER IDENTIFICATION (If other than above): Name: Address: City: State: Zip: Telephone: Fax: SPECIAL PROVISIONS: Please note that TERRA-MAR reserves the right to withhold all reports until such time as TERRA-MAR receives a signed Proposal Acceptance Agreement or other written authorization referencing this Proposal Acceptance Agreement with its Attachment (the Professional Services • General Terms and Conditions indicated below) in its entirety. This Proposal Acceptance Agreement, together with TERRA-MAR'S Proposal, Unit Fee Schedule, and the attached General Terms and Conditions specified below, constitutes the entire Agreement between the Client and TERRA-MAR and supersedes all prior written or verbal understandings. ❑ Environmental Engineering Services • General Terms and Conditions Q Geotechnical Engineering Services • General Terms and Conditions ❑ Construction Materials Engineering Laboratory Inspection and Materials Testing Services • General Terms and Conditions ❑ Other (describe): TERRANIAR Environmental Services•Geotechnical Engineering Construction Materials Engineering and Testing DALLAS•FORT WORTH•HOUSTON•AUSTIN•LONGVIEW J:Admin\Forms\PAAgree.doc• Revised 2-10-99 TERRA-MAR, INC. PROFESSIONAL SERVICES • GENERAL TERMS AND CONDITIONS GEOTECHNICAL ENGINEERING SERVICES The General Terms ana Conditions agreed to by the parties are as follows: z 1. PARTIES: Terra-Mar, Inc. (hereinafter"TMI") refers to the company performing the scope of work described herein and detailed in the TMI Proposal. "Client" refers to the person or business entity ordering the scope of work to be performed by TMI. If the Client is ordering work on behalf of another, Client represents and warrants that it is the duly authorized agent of the party that will benefit from the work. Unless otherwise stated in writing, Client assumes sole responsibility for the sufficiency of the work ordered. Client shall communicate these General Terms and Conditions to any third party to whom Client transmits any part of TM l's work. After execution of the Proposal Acceptance Agreement to which these General Terms and Conditions are attached and made a part thereto, TMI shall have no duty or obligation to any,third party greater than that set forth in these General Terms and Conditions. 2.SCOPE OF WORK: "Work" means the specific environmental, geotechnical, analytical,testing or other service to be performed by TMI as set forth in TMI's Proposal, previously referenced herein and made a part hereof. 3.TESTS AND INSPECTIONS: Client shall ensure that all tests and inspections of the site, all materials provided, and work performed by others are delivered in a'timely manner in accordance with the plans, specifications, contract documents, and TMI's recommendations. No claims for loss, damage or injury shall be brought against TMI by Client or any third party unless all reviews, tests and inspections have been so performed and unless TMI's recommendations have been followed. Client agrees to indemnify, defend and hold TMI, its officers, employees and agents harmless from any and all • claims, suits, losses, costs and expenses, including but not limited to, court costs and reasonable attorney's fees in the event - that all such reviews,tests, and inspections are not so performed or TMI's recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act, or omission of TMI, its officers, agents or employees. 4.SCHEDULING OF WORK: The services set forth in the Proposal will be accomplished in a timely,workmanlike and professional manner by TMI personnel or authorized subcontractors. If TMI is required to delay commencement of work or if, upon undertaking work,TMI is required to halt work due to changes in the scope of work, interruptions in other aspects of the Project, or other causes beyond the reasonable control of TMI, additional charges will be applicable and payable by the Client. 5.ACCESS TO SITE: Client will provide access to the site for TMI to perform the work. TMI shall take reasonable measures to minimize damage to the site and any improvements as the result of its work; however,TMI has not included in its fee the cost of restoration of damage which may occur. TMI will restore the site to its former condition, upon written request from Client that provides for payment to TMI for the cost thereof. 6. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless TMI assumes in writing the responsibility of locating subsurface or latent conditions, Client agrees to indemnify and save TMI harmless from all claims, suits, losses, cost and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to TMI's performance of its work and arising from subsurface or latent conditions, or damage to subsurface or latent objects,structures, lines or conduits where the actual presence and location thereof was not revealed to TMI by Client. 7. CONFIDENTIALITY: During the Project, TMI and its employees may obtain, directly or indirectly, secret and confidential information considered proprietary by Client. TMI agrees, on behalf of itself and its employees, to maintain the confidentiality of information formally designated as proprietary by the Client unless directed by Client in writing to disclose the information to others. 8. RESPONSIBILITY: TMI's work shall not include determining or implementing the means, methods,techniques, sequences or procedures of construction. TMI will not be responsible for evaluating, reporting or affecting job conditions relative to the health, safety or welfare of any persons other than its own employees. TMI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the Contract documents. 9. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed of immediately upon completion of the test. All drilling samples or specimens will be disposed of sixty (60) days after submission of TMI's report. All archaeological samples will be returned to Client for permanent curation following submittal of TMI's final report. 10. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty(30) day period at the rate of eighteen percent (18%) per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client agrees to pay TMI's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. J:Admin\Forms\DE 50k T&Cs.doc • 1 of 2 Revised 1-19-99 TERRA-MAR, INC. Remedies available to TMI for collection of amounts due, including mechanic's liens, shall not be limited by any contractual provision or other agreement that is not specifically made a part of this Agreement. 11. TERMINATION: This Agreement may be terminated by either party upon seven (7) days' prior written notice. In the event of termination,TMI shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place TMI's files in order and/or to protect its professional reputation. 12. WARRANTY: TMI's services will be performed, its findings obtained, and its reports prepared in accordance with the Proposal which has been mutually agreed upon as well as these General Terms and Conditions. In performing its professional services, TMI will strive to perform services under these General Terms and Conditions in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This warranty is in lieu of all other warranties, either express or implied. Should TMI, or any of its professional employees, be found to have been negligent in the performance of professional services or to have breached the express warranty made herein, Client and all third parties claiming through Client agree that the maximum aggregate liability of TMI and its employees shall be limited to $50,000.00 or the amount of the fee paid to TMI for professional services with respect to the Project, whichever amount is less. In the event that Client does not agree to restrict professional liability to $50,000.00 or to the total amount of the fee paid to TMI with respect to the Project,whichever is less, Client agrees to pay for the actual cost of the additional desired insurance coverage, if such insurance is available. 13. INSURANCE AND INDEMNITY: TMI agrees to carry the following liability insurance: Statutory Workers' Compensation and Employers' Liability, Comprehensive General Liability, and Comprehensive Automobile Liability. TMI will furnish certificates of insurance on request. To the extent of the coverage limits maintained by TMI and subject to the exclusions therein and the amount of the claims paid by such insurance, TMI agrees to indemnify and hold Client harmless from all losses, claims, demands, causes of action, and suits arising out of the willful or negligent acts of TMI, its officers, agents, employees, or subcontractors, in performing professional services at the worksite, in furnishing and using equipment and materials at the worksite, or in traveling to and from the worksite. If Client specifically requires additional insurance coverage, TMI will obtain the specific insurance.coverage (if procurable) at Client's expense. TMI does not indemnify Client for damage arising out of Client's independent use of TMI data,advice, recommendations and reports. 14. AGREEMENT TO ARBITRATE: All disputes related directly or indirectly to any aspect of this contract, work related to this contract, or to any matter in this contractual relationship, shall be arbitrated pursuant to and by the American Arbitration Association in Dallas,Texas. 15. PRIORITY OF DOCUMENTS: These General Terms and Conditions, together with the Proposal Acceptance Agreement and associated documents, shall control over any conflicting provisions within purchase orders, work orders, letters of intent, or other similar documents. 16. APPLICABLE LAW: These General Terms and Conditions shall be governed by and construed according to the laws of the State of Texas. The venue for all claims asserted under these General Terms and Conditions shall be Dallas County,Texas. END OF DOCUMENT J:Admin\Forms\DE 50k T&Cs.doc • 2 of 2 Revised 1-19-99 PROPOSED BOREHOLE DEPTHS Ahem. P.opoeed Borehole Number Flowllne Borehole Depth(ft) Depth(ft) / \ ! • I 11.? . / B-2 through B-4 20 26 //f.::'/ \ f^ .r-.~ .s. CLEAR B-5 25 30 �"^.. / `I - B{r through B-8 // \.' .." 1 .`��� 13-9 28 33 : 1 \ II " , m. • LJ 8-10 through B-13 27 32 , — ———_ I' &14 30 36 /✓ "} /� ��� �'2�._ :-''��.2 it al II ?ram F-w -9h— :- -.'$..1b"_,� &15 — 39 /// 1 .. • ,e•' �'/4 ny.. I • 0„�1 �..m.. I' ,,• I,_ - 8.1� / e-16 and B-17 27 32 / `0 �� fa'3 al w I,•`nooM�. 2 B•13 i,:-1�t .•-I i /_-_���� \ B-19 „ Ap:_\ e- % B 9 e-te Elf ; s�� 6-( " -^ — ; Z^ 2 B-2l through B-23 18• 23 //' _^.1 \//�\ I B 7 I I 1 _ —__ ___ —_ l0 B•24 and&26 17 22 I •`. -:� _ Y I" I 1 = ._ /' _ _ _ _ — ,..o^.. " J ,..._., B-26 16 21 I I \ SI ___ "LIP- e..•.. �,- l ., 'Assumed flown.depth e „: \ i!%± 10 \,S 12' V / 30' . R IO• a / o eY / 1 36' \\ } �\ _ ce' I2' ` \\\\\\ 5' f :::-_::,._ V 7. ----/ t e Ir _I 18 __ m o. 6� :"Ill Aga. \ . \\\\\\\\\ ---____-4 'M*- i. '• _,''!",t.1 ...- I 10 o \ s10 1h 1 � 11� '� ,--N, ' `- \9J y CO.92 LEGEND PRELIMINARY • —PROPOSED smaraar SEWER Papa®roars WIN Diate20 RIME . masa=LEFT SDIIIDN SANITARY'SEWER SYSIMM 11 e' as ....mv..m ..� a0 TERRA-MAR Consulting Engineers•Geotechnical•Environmental •Construction Materials Testing -ti AUSTIN • DALLAS • FORT WORTH • HOUSTON • LONGVIEW • LUBBOCK Mr. John Hargrove, P.E. TMI Proposal: P99-5178-HE City Engineer October 1, 1999 City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Phone: (281)652-1631 Fax: (281)652-1702 RE: PROPOSAL FOR GEOTECHNICAL INVESTIGATION PROPOSED SANITARY SEWER SYSTEM FITE ROAD, HARKEY ROAD,AND MAGNOLIA ROAD PEARLAND,TEXAS Dear Mr. Webb: TERRA-MAR, Inc. (TMI) is pleased to submit the following proposal to perform a geotechnical study for the Proposed Sanitary Sewer System, Fite Road, Harkey Road and Magnolia Road, in Pearland, Texas (Key Map 613 R and 614 N, P, Q, and U). This proposal presents our scope of services, schedule and estimated fee to provide a geotechnical report for this project. PROJECT DESCRIPTION We have visited the site of the proposed sanitary sewer lines to inspect the general area and to help prepare the work scope/schedule/budget. TABLE 1 —Site Observations Approximate Location of Sewer Line Length of Site Ovservations Sewer Line(ft) Asphalt paved roadway with no shoulders. Along Fite Road from CR 89 to 10,624 Borings will be drilled in the existing Harkey Road asphalt pavement(will require traffic control to perform the drilling operations) Along Harkey Road from Fite Asphalt paved roadway with no shoulders. Road to Proposed Magnolia 2,471 Borings will be drilled in the existing Road asphalt pavement(will require traffic control to perform the drilling operations) J:\HEIPROPOSAUPROP-99\P995178\P995178.DOC 7220 Langtry,Houston,Texas 77040-6698 Phone:(713)462-7211 Fax: (713)462-2161 • Mr.John Hargrove,PE Proposal:P99-5178-HE City Engineer October 1, 1999 City of Pearland 3518 Liberty Drive Page 2 of 5 Pearland,Texas 77581 PROJECT INFORMATION TMI has been provided with the following information from Carter Burgess that has assisted us in determining the Boring Depths provided in this work scope: • Site map showing the planned route and type of the proposed sanitary sewer lines, and • Flowline Depths along the sewer line route. PURPOSE The purpose of the geotechnical exploration will be to evaluate the subsurface soil conditions in the area encompassed by the project site and develop engineering design parameters and recommendations for design and construction of the proposed sanitary sewer system. • SCOPE OF SERVICES Field Investigation Based upon the information received, We propose to explore subsurface conditions by drilling and sampling 32 geotechnical borings at the project site as described in the following Table 2: TABLE 2—Field Operations Approximate Proposed Borehole Number Station Project structure Flowline Depth Borehole Depth (ft) (ft) B-1 and B-2 149+55 and 24" pipeline 11 16 144+00 B-3 and B-4 139+00 34+00 and 24"pipeline 12 17 to B-5 through B-9 11290+00 24"pipeline 13 18 B-10 through B-13 100+0000to 24" pipeline 14 19 110+ B-14 96+00 30"pipeline 15 20 B-15 through B-20 66+00 to 30" pipeline 16 21 91+00 B-21 61+00 30"pipeline 17 22 B-22 through B-24 455+OOOo 30" pipeline 18 23 B-25 43+31 36" pipeline 21 26 B-26 and B-27 39+00 and 36"pipeline 20 25 34+00 B-28 and B-29 29+00 and 36" pipeline 21 26 24+00 JAHE\PROPOSALPROP-99\P995178\P995178.DOC Mr.John Hargrove,PE Proposal:P99-5178-HE City Engineer October 1, 1999 City of Pearland Page 3 of 5 3518 Liberty Drive Pearland,Texas 77581 TABLE 2—Field Operations (Continued) Approximate Proposed Borehole Number Station Project structure Flowline Depth Borehole Depth lft) (ft) B-30 18+70 48" pipeline 22 27 B-31 and B-32 15+60 and 48" pipeline 21 26 13+60 B-33 9+00 48" pipeline 22 27 Approximately 1 boring per 500 linear feet will be drilled/sampled in accordance with the typical minimum number of borings recommended for utilities. Along the portions of the sewer line adjacent to existing sand pits the boring spacing was reduced to about 300 feet. The Boring depths are determined by adding 5 feet to the proposed utilities' flowline. The total drilling footage is 677. The proposed locations of the borings are shown on the attached drawing. If during our field investigation we found that site soil conditions between two consecutive borings were highly variable (i.e. one boring is all clay and the next boring is all wet sand) TMI will inform the responsible engineer and ask for authorization to drill/sample an additional boring between these two consecutive borings. Soil samples will be obtained continuously to a depth of ten feet, and on 5-foot intervals thereafter until boring termination. Granular soil sampling will be performed utilizing the standard penetration test (SPT) using split spoon sampler. Cohesive soils will be sampled using a thin walled sampler. The boreholes will be backfilled with soil cuttings after the completion of field investigation. Laboratory Testing Laboratory tests will be performed on selected soil samples to develop the engineering properties of the soil. These tests may include pocket penetrometer, unconfined compression, in situ moisture content, liquid and plastic limits, and percent material passing the No. 200 sieve, as appropriate. Engineering Analyses and Report The field and laboratory data will be evaluated to develop recommendations to guide design and construction of the proposed utilities. The results of the study will be presented in an engineering report that will included the following: 1. Logs of boring, boring site plan, water level data and laboratory test results. 2. Provide the boring logs in AutoCAD file format. 3. Cross Sections showing the soil profile along the utility lines. 4. Recommendations for utility lines embedment, backfill, excavation and dewatering requirement, and temporary bracing and shoring requirements in accordance with OSHA. 5. Recommendations for trenchless utility construction. 6. Recommendations to reduce foreseeable construction problems. Three copies of the geotechnical report will be submitted, unless otherwise requested. J:\HE1PROPOSAUPROP-991P995178\P995178.DOC Mr.John Hargrove,PE Proposal:P99-5178-HE City Engineer October 1, 1999 City of Pearland 3518 Liberty Drive Page 4 of 5 Pearland,Texas 77581 LIMITATIONS The proposed geotechnical investigation to be conducted at the project site will not include any environmental sampling or identification of faults. The results and evaluations contained in the final geotechnical report will be based on samples obtained from a discrete number of soil test borings, accepted engineering practices, and the professional judgement of TMI personnel. SCHEDULING Based on our current workload we anticipate that field explorations can be commenced within 2 business days subsequent to our receiving your formal authorization to proceed. We anticipate that the field explorations will take 3 to 4 days assuming weather conditions will permit, laboratory testing will require about 9 business days, and engineering analyses and report preparation will require approximately 8 business days. Consequently, we anticipate our report could be submitted within approximately 4 to 5 weeks, subsequent to receiving your formal authorization to proceed. The recommendations will be provided to the civil/structural engineers, as they become available via written short summary of recommendations, verbal discussions, and meetings as required before the final geotechnical report is issued. TOTAL FEE NOT TO EXCEED We propose to perform this geotechnical evaluation for a total fee not to exceed $27,987 provided the geotechnical borings were drilled/sampled as planned above including three additional borings if they were authorized during our field investigation. If one or more of the six additional borings were not drilled/sampled the project cost will be reduced by $675.00 per boring. Our invoice will be submitted along with our final report and we request payment within 30 days. The fee outlined in this proposal will be valid for a period for 60 days. Subsequent to that time, adjustments may be required. CLIENT RESPONSIBILITIES TMI requests that you provide the following information prior to the site visit and our site activities: • Formal authorization is required and may be provided by signing and returning one copy of the attached Professional Services Agreement for our files. • Name and telephone number of a responsible client contact, if other than yourself. • Any environmental, geologic, hydrological report previously, prepared for the study area, which you have access. Information regarding any similar report currently being undertaken. • Plans, specifications, or architectural drawings for the structure proposed for the subject property. • Any restrictions or limitations to, or requirements for, site access to be adhered to by TMI personnel. • Any constraints regarding confidentiality of information provided by you or relation to the operations currently conducted at the subject property. In addition, specific direction should be given pertaining to the confidentiality concerns of other parties involved. J:1HETROPOSAL\PROP-991P9951781P995178.DOC • Mr.John Hargrove,PE Proposal:P99-5178-HE City Engineer October 1, 1999 City of Pearland 3518 Liberty Drive Page 5 of 5 Pearland,Texas 77581 CLOSURE During the course of our studies we would be protected by Workman's Compensation insurance and personal and public property damage liability insurance. We appreciate the opportunity to work with you and look forward to providing construction material testing services during the construction phase of this project. Should you have any questions concerning this proposal or other services we can provide, we will be pleased to discuss them with you. Yours very truly, TERRA-MAR, Inc. /7°(//431-41--- Fouad Hammoud, P.E. Senior Geotechnical Engineer • Enclosure: Professional Services Agreement Project Estimate Street Map showing Proposed Boring Location • CC: Carter Burgess, Mr. Vernon H. Webb, EIT • • J:1HETROPOSAL\PROP-99\P995178\P995178.DOC TERRA-MAR Allititillib... • s- - a b ATTACHMENT • PROJECT ESTIMATE-(Not to Exceed) • Geotechnical Investigation Proposed Sanitary Sewer System FITE HARKEY MAGNOLIA TRUNK LINE , Pearland,Texas TMI PROPOSAL NO. P99-5178-HE DATE: October 1,1999 €€€DEGFi .........i.......SAINT::::::::::::::: FIELD INVESTIGATION: 2,16',2,17',5,18',4,19',1,20',6,21',1,22',3,23',2,25',5,26',&2,27'Borings Total Drilling Footage=677 Mobilization/demobilization $250.00 lump sum 1 $250.00 Drilling/Sampling/Logging $11.00 foot 677 $7,447.00 Field Engineer ' $50.00 \, hour 24 $1,200.00 Flagman/Technician for Traffic Control $30.00 hour 30 $900.00 SUBTOTAL $9,797.00 LABORATORY SERVICES Atterberg Limits(ASTM D 4318) $40.00 each • 70 $2,800.00 Moisture Content(ASTM 2216) $4.00 each 120 $480.00 Unconfined Compression(ASTM D 2166) $30.00 each 70 $2,100.00 percent material passing No.200 sieve(ASTM D 1140) $25.00 each 70 $1,750.00 SUBTOTAL $7,130.00 OFFICE SERVICES • Senior Geotechnical Engineer $105.00 hour 22 $2,310.00 Project Engineer $65.00 hour 66 $4,290.00 Draftsman&Engineering Aide $40.00 hour 8 $320.00 Report Reproduction(3) $30.00 Unit 3 $90.00 SUBTOTAL $7,010.00 TOTAL • $23,937.00 ADDITIONAL BORINGS ' Additional Borings if site conditions are variable $675.00 each 6 $4,050.00 between two concecutive Borings TOTAL,NOT TO EXCEED: $27,987.00 • • j:\he\proposal\pro-99\P995178.XLSP995178