R2002-0162 10-28-02 RESOLUTION NO. R2002-162
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 HBC ENGINEERING FOR
CONSTRUCTION MATERIALS TESTING ASSOCIATED WITH THE WEST
LEA WATER/SEWER AND ROAD OVERLAY PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and HBC
Engineering, a copy of which is attached hereto as Exhibit "A" and made a part hereof for
all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with HBC Engineering for construction materials
testing associated with the West Lea water/sewer and road overlay project.
PASSED, APPROVED and ADOPTED this the 28th day of October ,
A.D., 2002.
ATTEST:
~/l~A,.p p RSoEv?DE~: RT~ F//O R M:
D,~RRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
CITY OF PEARLAND
STANDARD AGREEMENT
FOR ENGINEERING SERVICES
Exhibit "A"
R2002-'~ 62
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and HBC Engineering (hereinafter "Engineer") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project:
EngineedSubconsultant(s) Fee Basis of Compensation
HBC Engineering $137,170.00 Reimbursable
Maximum Contract Amount $137,170.00 Reimbursable
* All financial obligations created by this agreement are between the City and
Engineer, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: Within (60) days of completion of
project.
Attachments: Scope of Services - Exhibit A
2. Services and Payment.
Engineer shall perform services within the Standard of Care of the Engineering
profession as follows:
A. Engineer will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Engineer shall be due
and payable upon submission and approval of a statement for services to_ City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Engineer shall specify the basis of
compensation in the scope of work for the project. The Engineer shall provide adequate
detail of the basis of compensation so that the City can determine the reasonableness
of the fees and haVe the ability to make reasonable progress payments to the Engineer
based upon work completed at the payment intervals. The Engineer shall subcontract
for all subconsultants, subject to City approVal, necessary to complete the scope of
work. The subconsultant's fees and administrative mark-up, if any, shall be included in
the scope of work. Unless otherwise agreed upon, the method of compensation shall
be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Engineer's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Engineer for
overhead and profit; and 3) reimbursement for direct nonsalary
'expenditures and subconsultant contracts as defined in the scope of work
for the project. The Engineer shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subConsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Engineer shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Engineer.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
5. Percent of Construction ("Percent")
Compensation shall be based upon 1) the "Harris County Curve for
Engineering Compensation" for basic and construction phase services;
and 2) reimbursement for direct nonsalary expenditures and subconsultant
contracts as defined in the scope of work for the project. The Engineer
shall provide a proposal that includes the estimated construction cost of
the project and the total fees for the project. If the actual Iow bid for
construction is 20% above or below the estimate, the engineering fees are
subject to equitable adjustment by mutual agreement of the Engineer and
City.
If City fails to make any payment due Engineer for services and expenses within
thirty (30) days after receipt and approval of Engineer's statement for services therefore,
the amounts due Engineer will be increased at the rate of one percent (1%) per month
from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days'
written notice to City, suspend services under this Contract until Engineer has been paid
in full, all amounts due for services, expenses, and charges.
B. All the Engineer's working drawings, plans, and specifications, if required under
this Contract, shall be sufficiently accurate, detailed, and complete so that competitive
bids for the work can be obtained and the improvements constructed.
C. Approval of the Engineer's work by the City shall not release the Engineer, its
employees, agents, or consultants, from the responsibility and liability for the accuracy
and competency of their designs, working drawings, and specifications, or other
documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly
correct errors in the Engineer's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Engineer shall have prepared a project
schedule identified as an attachment to this agreement. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Engineer's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Engineer of the work performed. If the review time should
take longer .than shown on the project schedule, through no fault of the Engineer,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Engineer and approved by
the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Engineer.
The City may terminate this Contract at any time during its term by giving written notice
to Engineer. The City shall pay the Engineer for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Engineer's cost of, or the time required for, the performance of
any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Engineer is incompetent or
B. The Engineer shall include the City as an additional insured under the policies,
with the exception of the Professional Liability Insurance and Workers' Compensation.
Certificates of Insurance and endorsements shall be furnished to the City before work
commences. Each insurance policy shall be endorsed to state that coverage shall not
be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
8. Indemnity. Engineer shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Engineer is legally liable, including all expenses of litigation, court costs, and
attorney's fees, for injury to or death of any person, for damage to any property, or
errors in design, any of which are caused by the negligent act or omission of the
Engineer, his officers, employees, agents, or subcontractors under this Contract.
9. Assignment. Engineer shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Engineer and supersedes all prior negotiations, representations, or contracts, either
written or oral. This Contract may be amended only by written instrument signed by
both parties. Purchase orders issued under this Agreement shall contain a statement
nullifying additional terms and conditions on the reverse side of the purchase order and
referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Engineer and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the y of ,~ I~
CITY OF PEARLAND
By:
Printed Name: ~i
Title: C.'dr ~
ENGINEER
Printed I(lar~:"
Title: ~i
STATE OF TEXAS §
COUNTY OF ,~/'4 ¢_-¢,,' ,'c.,._.. §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
-""~;/t ~,"..~'~-~.- , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND
~2~¢-~,,¢4,,'- , A.D., 20 ~ .2..
~~ PERLA N. LEHMAN ,~
~,[~."[.~,.'~.~ Notary Publl~, State of Texas ~
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STATE OF TEXAS
COUNTY OF '-r-,~,)(.~ ~
, , BEFORE MEj,.the
AND
SEAL OF OFFICE THIS -,'~' DAY OF
(~[~O'~T A R~~y p U B LIC~I ~ AND F~~OR~
STATE OF TEXAS
Printed Name: ~ ,,'/~.-
My Commission Expires://~/
undersigned Notary Public, on this day personally appeared
., known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS/¢¢-4 DAY OF
OV(~ r'rL, J~ ,A.D., 200~%''. ~c~/,~
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed N a m e'~.¢'~¢_~
My Commission Expires:~O
October 3, 2002
Mr. Charles Stubbs
Chief Engineering Inspector
City of Pearland Engineering Department
3519 Liberty Drive
Pearland, Texas 77581
ENGINEERING
a di~ision
Subject:
Cost Estimate for Construction Materials Testing Services
West Lea Water & Sewer - B2002-048
HBC Engineering Cost Estimate No. 23-1002-42
Dear Mr. Stubbs:
HBC Engineering, a Division of Terracon (HBC) is pleased to submit this cost estimate to provide
construction materials engineering and testing services for the above referenced project. We
understand we have been selected solely based on our professional qualifications. In this letter we have
presented our understanding of the scope of the project, our proposed services, and our budget
estimate.
1.0 PROJECT INFORMATION
The Project consists of the construction of approximately 27,100 linear feet of water lines and 21,360
linear feet of sewer lines in the West Lea and it's proximity. The Project also includes the
reconstruction of the streets using reclaimed asphalt pavement and new 2-inch HMAC and the
construction of new lift stations and concrete driveways.
2.0 SCOPE OF SERVICES
Project Drawings and Specifications, approved in September of 2002 and prepared by LopezGarcia
Group, were reviewed in preparation for the following scope of services:
A. Earthwork Monitoring and Testing:
a)
Sample trench backfill and treated materials. Prepare and test the samples for
classification by the Atterberg Limits (ASTM D4318), and -200 sieve analysis (ASTM
Dl120).
b) Test soil samples for moisture density relationship (ASTM D698 or ASTM D558).
c) Perform field density tests using the nuclear method (ASTM D2922), to determine the
moisture content and percent compaction of the soil materials.
d) Perform field gradation tests on treated subgrade.
B. Concrete Monitoring and Testing:
a)
Provide an engineering technician to sample the fresh concrete for each mix, perform
required tests, including slump, air content, concrete temperature, and cast test specimens
during placements (ASTM C172, C31, C143, C173, C1064).
b) Perform compressive tests of concrete test cylinders cast in the field (ASTM C617, C39).
c) Perform flexural strength tests of concrete beams cast in the field, ff requested by the
Engineer (ASTM C78).
d) Obtain cores and perform 9-point thickness testing (ASTM C425, C174).
Houston Dallas Fort WoO:h Austin Texas City
11555 Clay Road 8901 Carpenter Frwy. 2601 Gravel Drixc 5307 Industrial Oaks Bh'd. 3602 3rd Avenue No~h
Suite 100 Suite 100 Fort Wollh. TX 76118 Suite 160 Texas City. Texas 77590
Houston. TX 77043 Dallas, TX 75247 (817) 268-8600 Austh~. TX 78735 1409) 945-3503
(713) 690-8989 1214) 630-1010 Fax (817) 268-8602 (512) 442-1122 Fax (409) 945-5077
Fax (713 ) 690-8787 Fax (214) 630-7070 Fax (5121 442-1181
· '~ity of Peadand
West Lea - Water & Sewer
Cost Estimate No. 23-1002-42
October 3, 2002
ENGINEER~
a division
C. Hot Mix Asphalt Pavement Monitoring and Testing:
a)
Provide an engineering technician in field to sample placement for laboratory testing,
document placement temperature, and to assist the contractor in establishing a rolling
pattern.
b) Perform laboratory classification tests including specific gravity, lab molded specimen
density, Hveem stability, extraction and gradation.
c) Obtain cores of the pavement and test for bulk specific gravity.
We require a minimum of 24 hours notice to properly schedule our services.
3.0 PROJECT STAFFING AND ADMINISTRATION
HBC's approach to providing materials engineering services is to assign qualified engineering
technicians, directed by Professional Engineers registered in the State of Texas, to perform the
required tests for your project. Many of our technicians are certified by the National Institute for
Certification in Engineering Technologies (NICET) and are involved in continuing training through on-
the-job experience and formal instructions. HBC is accredited by The American Association For
Laboratory Accreditation (A2LA) to perform the field and laboratory tests listed in this cost estimate.
HBC will assign an engineer to manage this Project. The Project Manageds responsibilities will include:
· Attending monthly progress meetings,
· Coordinating field and laboratory testing,
· Verifying quality control monitoring and testing is in accordance with the Project Documents,
· Communicating with our field technician, Contractor, and Owner's site representative,
· Reviewing laboratory and field test reports and concrete mixes,
· Informing the owner's representative and the contractor of failing results,
· Controlling our budget, and Invoicing.
4.0 PROJECT FEE
Our estimated budget to perform the proposed scope of services is $137,170. This estimate is based
on the project information available through the Project Documents and the construction schedule of
300 days. Please note that this is only a budget estimate and not a not-to-exceed price. Many factors
beyond our control, such as weather and the contractor's schedule, wiii dictate the final fee for our
services. The City of Pearland representative will be informed once we have reached 80% of our
testing budget. We will not exceed our estimated budget amount unless authorized by the City of
Pearland.
Services not included in this cost estimate, which may be requested or provided throughout the job, will
be billed at HBC's 2002 Standard Fee Schedule.
5.0 AUTHORIZATION
This cost estimate may be accepted by executing both originals of the attached Agreement for
Consulting Services and returning both executed copies, along with this letter, to HBC. One fully
executed copy will be returned to you for your files. This cost estimate for services and accompanying
limitations shall constitute the terms and conditions for our services to be performed for this project.
HBC's total fee is due within thirty days following receipt of invoice. This cost estimate is valid only if
authorized within sixty days from the listed cost estimate date.
City of Pearland
West Lea - Water & Sewer
Cost Estimate No. 23-1002-42
October 3, 2002
a d~visio~ ofl~
We appreciate the opportunity to provide this cost estimate and look forward to working with you.
Please call us at 713-690-8989 if you have any questions or comments regarding this cost estimate.
Sincerely,
HBC Engineering,
a Division of ~lerl"~'1311, Inc.
Sr. Project Manager
Construction Materials Engineering
Ron Falan, CET
Office Manager
Texas City Office
Enclosures: Budget Estimate
Agreement
City of Pear~and
West Lea - Water & Sewer
Cost Estimate No. 23-1002-42
October 3, 2002
Based on 300 8-hr days
Engineering Technician
Vehicle Charge
Nuclear Gauge
BUDGET ESTIMATE
West Lea Subdivision Water & Sewer - B2002-048
City of Pealand
Service Quantity Unit Unit Rate
Estimate
2400 hour $ 38.00
300 day $ 50.00
300 day $ 50.00
Sub-total
$ 91,200.00
$ 15,000.00
$ 15,000.00
$ 121,200.00
Water, Sanitary Sewer lines backfill
Moisture Density Relationship (ASTM D698)
Moisture Density Relationship-stabilized soils
Atterberg Limits (ASTM D4318)
Percent Passing #200 Sieve
Compressive strength of cement stabilized sand (3/set)
Lime, Cement Stabilization
Moisture Density Relationship (ASTM D698)
Atterberg Limits (ASTM D4318)
5 each $ 150.00
2 each $ 150.00
5 each $ 45.00
5 each $ 35.00
30 each $ 50.00
4 each $ 150.00
2 each $ 45.00
Sub-total
Beam Tests ( 4 beams/set for pavement and driveways)
Cylinder Tests (4 cyl per set)
40 each $ 20.00
20 each $ 12.00
Sub-total
Extraction/Gradation
HVEEM Stability
Bulk Density - Lab Molded (3/set)
Bulk Density - Core
Molding Specimens (3/set)
Maximum Theoretical Specific Gravity
Asphalt cores, minimum charge
10 each $ 175.00
10 set $ 70.00
10 set $ 45.00
62 each $ 45.00
10 set $ 50.00
10 each $ 75.00
Allow $1500
Sr. Engineer, P.E.
Sub-total
30 hour $ 95.00
Estimated Total Budget:
$ 750.00
$ 300.00
$ 225.00
$ 175.00
$ 1,500.00
$ 600.00
$ 90.00
$ 3,640.00
$ 800.00
$ 240.00
$ 1,040.00
$ 1,750.00
$ 700.00
$ 450.00
$ 2,790.00
$ 500.00
$ 750.00.
$ 1,500.00
$ 8,440.00
$ 2,850.00
$ 137,170.00
8.1
' opera~or, arranger, generator or transporter of hazardous substances or constituents at the site, or (iv) inaccurate information provided by CLIENT to HBC. Client
and HBC agree that they will not be liable to each other, under any circumstances, for special, consequential or punitive damages arising out of or related to the
Contract.
ARTICLE 8 - LIMITATION OF LIABILITY
CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S
FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE RISKS SO, TO THE FULLEST EXTENT PERMt'I-FED
BY LAW, CONSULTANTS TOTAL LIABILITY TO CLIENT IS LIMITED TO THE GREATER OF $50,000 OR TWO TIMES ITS FEE, FOR ANY AND
ALL DAMAGES OR EXPENSES ARISING OUT OF THIS AGREEMENT FROM ANY CAUSE(S) OR UNDER ANY THEORY OF LIABILITY. Neither
party shall be liable to the other for loss of profits or revenue; loss of use; loss of opportunity; loss of good will; cost of substitute facilities, goods, or services; cost
of capital; or for any special, consequential, punitive, or exemplary damages, under any theory of liability.
ARTICLE 9 - INSURANCE
9.1 HBC represents that it now carries and will continue during the terms of this Agreement to carry Workmen's Compensation, Comprehensive General Liability and
Comprehensive Automobile Liability insurance in the following amounts:
· Statutory Workers Compensation Insurance and Employers Liability Insurance - $1,000,000 per accident.
· Commercial General Liability Insurance - $1,000,000 per occurrence and $1,000,000 annual aggregate for bodily injury or death and property damage,
including loss of use thereof, written on an occurrence (as opposed to a "claims made") basis.
Umbrella Liability Insurance - $5,000,000 per occurrence and $5,000,000 aggregate liability for bodily injury or death and property damage, including loss
of use thereof.
· Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired vehicles - $1,000,000 combined single limit of liability per
occurrence for bodily injury or death and prope~ damage, including loss of use thereof, written on an occurrence (as opposed to a "claims made") basis.
· Errors and Omissions Insurance, including Pollution Liability, Applicable to Services - $1,000,000 with respect to claims made against HBC for negligent
errors or omissions in the performance of the Services hereunder.
ARTICLE 10 - DELAYS AND TERMINATION
10.1 CLIENT or HBC may terminate this Agreement upon forty-eight (48) hours written notice should the other party fail substantially to perform in accordance with the
terms and conditions of this Agreement through no fault of the terminating party. A complete settlement of all claims upon such termination of this Agreement shall
be made as follows: CLIENT shall compensate HBC for the Services performed up to the date of receipt of termination plus reasonable costs incurred in terminating
the Services in accordance with HBC's current fee schedule. In the event Services cannot be performed on or before the projected due date because of circumstances
beyond the control of HBC, including, but not limited to strike, fire, riot, excessive precipitation, act of God, governmental action, third party action or action of
omission by CLIENT, the Services shall be amended by CLIENT and HBC in accordance with Article 2 of this Agreement.
ARTICLE 11 -WASTE AND SAMPLE DISPOSITION
11.1 Unless otherwise specified in Proposal, the proper disposition of any contaminated materials generated on-site as a result of the Services, including, but not limited
to, waste materials, samples, produced soils or fluids, or protective equipment (hereinafter "Affected Materials"), shall be considered out-of-scope and shall require
a written change order request by CLIENT in accordance with Article 2 of this Agreement wherein CLIENT provides a generator number, specifies its choice of
transporter and treatment, storage or disposal facility and completes documentation necessitated by these services. CLIENT understands that HBC is in no way
responsible for the proper disposition of the Affected Materials except as provided under this Agreement and CLIENT is responsible for directing the disposition
of the Affected Materials. In the event that test samples obtained during the Services contain substances hazardous to health, safety or the environment, or equipment
used during the Services cannot be reasonably decontaminated, CLIENT shall, if necessary, sign documentation required to ensure that this equipment and/or samples
are transported and disposed of properly. CLIENT agrees to pay HBC the fair market value of this equipment and reasonable disposal costs.
11.2 In the event CLIENT wishes for HBC to retain test samples beyond the final report date for the Services, CLIENT shall provide HBC with a written request stating
the same. HBC shall invoice CLIENT only for those storage charges incurred for storage beyond thirty (30) days after the report date for the Services.
ARTICLE 12 - ENTIRE AGREEMENT
12.1 This Agreement (including attached schedules) constitutes the sole and entire agreement between HBC and the CLIENT. This agreement replaces and supersedes
all prior discussions and agreements between the CLIENT and HBC with respect to the matters contained herein.
By executing this agreement, HBC and CLIENT indicate their acceptance and agreement with its terms.
Client:
HBC Engineering a Division of Terracon, Inc.
By: By:
Name: Name:
Title: Title:
Date: Date:
HBC No. 23-1002-42