R2000-059 05-08-00RESOLUTION NO. R2000-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO CONTRACT WITH TERRA-MAR, INC. FOR CONSTRUCTION
MATERIALS TESTING ASSOCIATED WITH THE SHADOWCREEK
PARKWAY SEWER PROJECT, THE FITE-HARKEY SEWER PROJECT,
THE CULLEN WATER AND SEWER PROJECT, THE MAGNOLIA-HARKEY
PROJECT AND THE WASTEWATER INFLOW AND INFILTRATION
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
Terra-Mar, Inc., 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 Manageror his designee is hereby authorized to execute
and the City Secretary to attest a contract with Terra-Mar, Inc., for construction materials
testing associated with the Shadowcreek Parkway Sewer Project, the Fite-Harkey Sewer
Project, the Cullen Water and Sewer Project, the Magnolia-Harkey Project and the
Wastewater Inflow and Infiltration Project.
PASSED, APPROVED and ADOPTED this the 8th day of Hay
A.D., 2000.
ATTEST:
SECRETARY
TOM REID
MAYOR
RESOLUTION NO. R2000-59
APPROVED AS TO FORM:
D,~I~RIN M. C"~KER
CITY ATTORNEY
2
TERRA-MAR, INC.
AGREEMENT FOR MATERIALS ENGINEERING AND RELATED
CONSTRUCTION
INSPECTION AND MATERIALS TESTING SERVICES
THIS AGREEMENT is by and between City of Pearland hereinafter called "CLIENT"
and Terra-Mar, Inc.heremafter called LABORATORY , who agree as follows.
1. DECLARATIONS: CLIENT desires to engage LABORATORY to provide
Materials Engineering and related construction inspection and materials testing
services in connection with CLIENT's project ("THE PROJECT") described as
follows:
Shadow Creek Parkway San. Sewer Line
Cullen B1..V.d. & Broadway San. Sewer, Wtr. Lines & Lift St.
F~te Road & Harkey Rd. San. Sewer Lines
Magnolia Blvd. & Harkey Rd. San. Sewer Lines
I and I Project Misc. Work
LABORATORY has submitted a fee schedule to CLIENT, a copy of which is
attached hereto and made a part hereof as Exhibit "A" for Materials Engineering
and related construction inspection and materials testing services, which fee
schedule is accePtfible to CLIENT.
2. SCOPE OF WORK. LABORATORY shall provide Materials Engineering and
related construction inspection and materials testing services for THE PROJECT in
accordance with the :accompanying proposed "scope of services" made a part hereof
as Exhibit "A" and the "terms and conditions" made a part of this agreement.
EXECUTED THIS ~L~ day of ~ ,
2000.
B~:
C~ty of Pearland
Glen Erwin
City Manager
~"RRA-M,,A
I(,ur ~ E.X.~S
Vice Pres~d
TERMS AND CONDITIONS TO AGREEMENT FOR MATERIALS ENGINEERING
AND
RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES
ARTICLE 1. SERVICES. LABORATORY will:
l.l Act for CLIENT in a professional manner, using that degree of care and
skill ordinarily exercised by and consistent with the standards of the
profession practicing in the same or similar locality of THE PROJECT
site.
1.2 Provide only those services that, in the opinion of LABORATORY, lie
within the technical and professional areas of expertise of
LABORATORY and which LABORATORY is adequately staffed and
equipped to perform.
1.3 Perform all technical services under the general direction of a registered
Professional Engineer and in substantial accordance with the basic
requirements of the appropriate standards of The American Society for
Testing and Materials, where applicable, or other standards designated
by CLIENT.
1.4 Promptly submit formal reports of all tests, inspections and services
performed indicating, where applicable, compliance with THE
PROJECT specifications or other contract documents. Such reports
shall be complete and factual, citing the tests of performed, methods
employed, values obtained, parts of the structure or project area
involved.
1.5 Employ testing machines which have been calibrated within a period not
exceeding twelve (12) months from the time of use by devices of
accuracy traceable to the National Bureau of Standards of the United
States Department of Commerce, and upon request, submit to CLIENT
or his authorized representative documentation of such calibration.
1.6 Consider all reports to be the confidential proper~ of CLIENT, and
distribute reports only to those persons, organizations or agencies
specifically designated in writing by CLIENT or his authorized
representative.
1.7 Retain all project reports relating to the services performed for a period
of five years following submission of the report, during which period the
records will be made available to CLIENT at all reasonable rimes.
ARTICLE 2. CLIENT'S RESPONSIBILITIES. CLIENT or his authorized
representative will:
2.1 Provide LABORATORY with all plans, specifications, addenda, change
orders, approved shop drawings and other information for the proper
performance of LABORATORY.
2.2 issue authorization in writing, giving LABORATORY free access to
THE PROJECT site, and to all shops or yards where materials are
prepared or stored.
2.3 Designate in writing a person or firm to act as CLIENT's representative
with respect to LABORATORY's services to be performed under this
Agreement; suer person or firm to have complete authority to transmit
instructions, receive information and data, interpret and define
CLIENT's policies and decisions with respect to THE PROJECT and to
order, at CLIENT's expense, such technical services as may be requested
by LABORATORY.
2.4 Designate in writing those persons or firms who are authorized to
receive copies of LABORATORY's inspection and test repons.
2.5 Advise LABORATORY sufficiently in advance of any operations so as
to allow for assignment of personnel by LABORATORY for completion
of the required services. Such advance notice shall be in accordance
with that established by mutual agreement of the parties.
2.6 Direct THE PROJECT contractor, either by the construction Contract or
direct written order to:
(a) Secure and deliver to LABORATORY, without cost to
LABORATORY, preliminaD' representative samples of those
materials he proposes to use which require testing, together with any
relevant data of the materials.
(b) Furnish suer casual labor and all facilities needed by
LABORATORY to obtain and handle samples at THE PROJECT
and to facilitate the specified inspection, and tests.
(e) Provide and maintain for the use of EABORATORY, adequate
space at THE PROJECT for safe storage and proper curing of test
specimens which must remain on THE PROJECT site prior to
testing.
ARTICLE 3. GENERAL CONDITIONS:
3.1 LABORATORY, by thc performance of services covered hereunder,
does not in any way assume abridge or abrogate any of those duties,
responsibilitics or authorities with regard to THE PROJECT customari y
vested in THE PROJECT architects, design engineers, or any other
design agencies or authorities.
3.2 LABORATORY shall not be responsible for acts of omissions of any
party or parties involved in the design of THE PROJECT or the failure
of any contractor or subcontractor to construct any aspect of THE
PROJECT in accordance with reco~endarions issued by
LABORakTORY.
3.3 LABORATORY is not authorized to revoke, altar, relax, enlarge or
release any requirement of THE PROJECT spqcifieations or other
contact documents nor to approve or accept any portion of the work,
unless specifically authorized in wxiting by CLIENT or his authorized
representative. LABORATORY shall not have tl~e right of rejection or
the right to step the work, except for such periods as may be required to
conduct the sampling, testing, or inspection of operations covered by the
Agreement.
3.4 This Agreement may be terminated by either party on thirty (30) days'
written notice or by mutual agreement. If this Agreement is terminated
by either party, LABORATORY shall be paid in full for all services
performed through the termination date, and the CLIENT shall be
provided with a complete report of the results of tests and analysis
conducted prior to termination.
3.5 Neither CLIENT nor LABORATORY may delegate, assign, sublet or
transfer his duties or interest in this Agreement without the written
consent of the other party.
3.6 The only warranty made by LABORATORY in connection with its
services performed hereunder is that it will use that degree of care and
skill as set forth in Article 1.1 above. No other warranty, expressed or
implied, is made or intended for services provided hereunder or
furnishing oral or written reports of findings made.
ARTICLE 4. INSURANCE:
4.1 LABORATORY shall secure and maintain throughout tbe full period of
this Agreement sufficient insurance to protect it adequately from claims
under applicable Workmcn's Compensation acts and from claims for
bodily inju~, death or proper0y damage as may arise from the
performance of services under this Agreement. LABORATORY will,
upon request, file certification of such insurance coverage with CLIENT
or his authorized representative.
4.2 No insurance, of ~vhatever kind or type, which may be can'ied by
LABORATORY, is to be considered as in any way limiting the
contmcter's or subcontractor's responsibility for damages resulting from
his operations or for furnishing work and materials to THE PROJECT.
CLIENT agrees, therefore, to include, or cause to be included in THE
PROJECT's construction contract, such requirements for insurance
coverage and performance bonds to be secured and maintained by THE
PROJECT contractor as CLIENT deems adequate to indemnify
CLIENT, LABORATORY, and other concerned parties, against claims
for damages and to insure compliance of work perforn~ance and
materials with project requirements.
4.3 Should LABORATORY, or any of its employees be found to have been
negligent in the performing of professional services or to have made and
breached any express or implied warranty, the CLIENT, and all panics
claiming through the CLIENT, agree that the maximum aggregate
amount of the liability of LABORATORY and its professional
employees shall be limited to $50,000.00 or thc total amount of the fcc
paid to LABORATORY for professional services with respect to the
subject project, whichever amount is thc lesser. In the event the
CLIENT does not wish to restrict professional liability to this stun, limits
will be extended to the desired amount upon receipt of CLIENT's
pa2nnent for actual cost of increased coverage, if available.
ARTICLE 5. PAYMENT:
5.1 CLIENT will pay LABORATORY for services and expenses in
accordance with thc attached fee schedule (Exhibit A).
LABORATORY's invoices will be presented at the completion of its
work or monthly and will be paid within thirty (30) days of receipt by
CLIENT or his authorized representative. Applicant agrees to pay
interest at the rate of 1.5% per month on the unpaid account balance,
together with any collection costs, including a reasonable attorney's fcc
and/or court costs, should they be required to remedy a default and ef~bct
collection of this account.
5.2 LABORATORY shall be paid in full for all services under the
Agreement, including any overruns of CLIENT's contract or any
unforeseen need for LABORATORY's services exceeding original
contract requirements. Payment for such services shall be made
irrespective of any claim by CLIENT for compensation for additional
work conducted. Any such claim shall in no respect delay payment of
fees for services performed by LABORATORY/
5.3 Retests and/or other fees billed to the Contractor at Client's request shall
be paid by the Client within 45 days from the invoiced dated if unpaid
by the Contractor.
ARTICLE 6. EXTENT OF AGREEMENT:
The Agreement, including these terms and conditions, represents the
entire agreement, between CLIENT and LABORATORY and supersedes
all prior negofi-ations, representations or agree-ments, written or oral.
The Agreement may be amended only by written instrument signed by
CLIENT and LABORATORY.
T IRA-W
Consulting Engineers · Geotechnlcal · Environmental · Construction Materials Testing
AUSTIN · DALLJ~ · FORT WOR114 · HOUSTON · LONGVIEW · LUBBOCK
City of Peariand
3519 Liberty Drive
Pearland, Texas 77581
April 28, 2000
Attn: Mr. Jene Simeon
Re:
Construction Materials Testing for
Shadow Creek Parkway San. Sewer Line
Cullen Blvd. & Broadway San. Sewer, Wtr. Lines & Lift St.
Frite Rd. & Harkey Rd. San. Sewer Lines
Magnolia Blvd. & Harkey Rd. San. Sewer Lines
Dear Mr. Simeon:
We appreciate the opportunity to continue to work with the City of Pearland, and are
pleased to submit this proposal for performing materials inspection and testing dudng
the construction for the referenced projects. Terre-Mar, Inc., has provided these same
services on hundreds of similar projects over the last 20 years. Our firm will provide all
of the equipment and personnel required to accomplish these objectives.
SCOPE OF WORK
It is our understanding that construction materials testing and inspection services will
include the following:
· soil/moisture density relationship testing
· soil compaction testing
· cement stabilized sand testing
· concrete inspection and specimen testing
· misc. testing
· report preparation and submittal
FEES
· Based on a review of the information provided by you, we have estimated project testing
costs. Total fees were based on a 2 week full time start-up on each project, and a 2 day
per week part time scaled back level of testing thereafter. These costs are shown on
the attachment. These estimated totals could vary depending on construction progress.
These unit fees will remain constant for the duration of the project. Any additional tests
or services not shown, will be billed in accordance with our Standard Fee Schedule,
(enclosed).
We appreciate the opportunity to work on this project and look forward to a successful
completion. Formal authorization must be indicated by returning one signed copy of the
attached contract between the consultant and the client prior to the beginning of work.
7220 Langtry, Houston, Texas 77040-6698 Phone: (7131 462-7211 Fax: [715i 462-2161
Please do not hesitate to call, should there be any questions, or if we can be of
assistance in any way.
Very truly yours,
Bill Floyd
Business Development
Vice President
TERRA-MAR, INC.
CONSTRUCTION MATERIALS TESTING PROPOSAL
Project:
Date: 26-Apr-00
Proposal No.: P00-5108-HC
Shadow Creek Parkway (FM 2234) San. Sewer Line
Anticipated hourly technician billings
technician with nuclear gauge, based on the following:
full time working days, 8 hfs/day 10
part time working days, 4 hrs/day 56
technician with nuclear gauge, overtime
Qty. Unit Unit Fee Total
80 hours $ 35.00 $ 2,800.00
224 hours $ 35.00 $ 7,840.00
0 hours $ 52.50 $
$ 10,640.00
Description of unit tests
Soils
Moisture/density relationship (ASTM D698)
Atterberg limits & soil classifications
unconfined compressive strength of C.S.S.
vehicle charges
nuclear density gauge
Qty. Unit Unit Fee Total
5 each $ 125.00 $ 625.00
4 each $ 40.00 $ 160.00
6 each $ 45.00 $ 270.00
$ ~,055.00
304 hour $ 4.00 $ 1,216.00
66 days $ 25.00 $ 1,650.00
$ 14,561.00
note: -this is an estimate, and actual billings may vary with construction progress
-an overtime rate of 1.5 times the regular hourly rate will apply to all hours over 8 per day and to all hours on weekends
-report review included in the total price
-minimum 3 hours per trip
TERRA-MAR, INC.
CONSTRUCTION MATERIALS TESTING PROPOSAL
Project:
Cullen Blvd. And BroadwaY (FM 518)
Date: 26-Apr-00
Proposal No.: P00-5109-HC
San. Sewer, Wtr. Lines, & Lift Station Improvements along
Anticipated hourly technician billings
technician with nuclear gauge, based on the following:
full time working days, 8 hfs/day 10
part time working days, 4 hrs/day 18
technician with nuclear gauge, overtime
Qty. Unit Unit Fee Total
80 hours $ 35.00 $ 2,800.00
72 hours $ 35.00 $ 2,520.00
0 hours $ 52.50 $ ~
$ 5,320.00
Description of unit tests
Soils
Moisture/density relationship (ASTM D698)
Atterberg limits & soil classifications
unconfined compressive strength of C.S.S.
vehicle charges
nuclear density gauge
Qty. Unit Unit Fee Total
5
4
6
each $ 125.00 $ 625.00
each $ 40.00 $ 160.00
each $ 45.00 $ 270.00
$ 1,055.00
152 hours $ 4.00 $ 608.00
28 days $ 25.00 $ 700.00
$ 7,683.00
note: -this is an estimate, and actual billings may vaPJ with construction progress
-an overtime rate of 1.5 times the regular hourly rate will apply to all hours over 8 per day and to att hours on weekends
-report review included in the total pr[ce
-minimum 3 hours per trip
TERRA-MAR, INC.
CONSTRUCTION MATERIALS TESTING PROPOSAL
Project:
Date: 26-^pr-00
Proposal No.: P00-5110-HC
Frite Road and Harkey Road Sanitary Sewer Improvements
Qty. Unit Unit Fee Total
Anticipated hourly technician billings
technician with nuclear gauge, based on the following
full time working days, 8 hrs/day 10 80 hours $ 35.00 $
part time working days, 4 hrs/day 48 192 hours $ 35.00 $
technician with nuclear gauge, overtime 0 hours $ 52.50 $
2,800.00
6,720.00
$ 9,520.00
Description of unit tests
Soils
Moisture/density relationship (ASTM D698)
Atterberg limits & soil classifications
unconfined compressive strength of C.S.S.
vehicle charges
nuclear density gauge
Qty. Unit Unit Fee Total
5
4
6
each $ 125.00 $ 625.00
each $ 40.00 $ 160.00
each $ 45.00 $ 270.00
$ 1,055.00
272 hours $ 4.00 $ 1,088.00
58 days $ 25.00 $ 1,450.00
$ 13,113.00
note: -this is an estimate, and actual billings may vary with construction progress
-an overtime rate of 1.5 times the regular hourly rate will apply to all hours over 8 per day and to all hours on weekends
-report review included in the total price
-minimum 3 hours per trip
TERRA-MAR, INC.
CONSTRUCTION MATERIALS TESTING PROPOSAL
Project:
Date: 26-Apr-00
Proposal No,: P00-5111-HC
Magnolia Blvd, And Harkey Road Sanitary Sewer Improvements
Qty. Unit Unit Fee Total
AntiCipated hourly technician billings
technician with nuclear gauge, based on the following
full time working days, 8 hrs/day 10 ' 80 hours $ 35.00 $
part time working days, 4 hrs/day 44 176 hours $ 35.00 $
technician with nuclear gauge, overtime 0 hours $ 52.50 $
2,800.00
6,160.00
$ 8,960.00
Description of unit tests
Soils
Moisture/density relationship (ASTM D698)
Atterberg limits & soil classifications
unconfined compressive strength of C.S.S.
vehicle charges
nuclear density gauge
Qty. Unit Unit Fee Total
each $ 125.00 $ 625.00
each $ 40.00 $ 160.00
each $ 45.00 $ 270.00
$ 1,055.00
256 hours $ 4.00 $ 1,024.00
54 days $ 25.00 $ 1,350.00
$ 12,389.00
note: -this is an estimate, and actual billings may vary with construction progress
-an overtime rate of 1.5 times the regular hourly rate will apply to all hours over 8 per day and to all hours on weekends
-report review included in the total price
-minimum 3 hours per trip
TERRA-MAR, INC.
CONSTRUCTION MATERIALS TESTING PROPOSAL
Project: City Wide On-Call Misc. Services Contract
Date: 26-Apr-00
Proposal No.: P00-5112-HC
Anticipated hourly technician billings
technician with nuclear gauge
technician with nuclear gauge, overtime
Unit Unit Fee Total
hours $ 35.00 $
hours $ 52.50 $
Description of unit tests
Soils
Moisture/density relationship (ASTM D698)
Atterberg limits & soil classifications
unconfined compressive strength of C.S.S.
vehicle charges
nuclear density gauge
Unit Unit Fee Total
each $ 125.00 $
each $ 40.00 $
each $ 45.00 $
hours $ 4.00 $
days $ 25.00 $
$ 5,000.00
note: -this ia an estimate based upon verbal conversations with the City of Pearland
-an overtime rate of 1.5 times the regular hourly rate will apply to all hours over 8 per day and to ail hours on weekends
-report review included in the total price
-minimum 3 hours per trip