R2009-044 - 2009-03-30RESOLUTION NO. R2009-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION
MATERIALS TESTING SERVICES ASSOCIATED WITH THE
RECREATION CENTER AND NATATORIUM PROJECT.
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 Recreation Center and Natatorium 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 Recreation Center and Natatorium Project.
PASSED, APPROVED and ADOPTED this the 30th day of March, A.D., 2009.
TOM REID
MAYOR
ATTEST:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2009-44 P20007
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on March 30,2009 by and between the City of Pearland
("CITY") and Terracon Consultants, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Construction Materials Services for a project
known and described as the Recreation Center and Natatorium (Project # P20007)
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 Observation and
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:
Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
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(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. 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.
H. 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 18 months.
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SECTION III -CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is not to exceed. Total
compensation for the services performed shall be the sum of $85,896.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT.
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.
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.
SECTION V -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 Terracon Consultants, Inc., 551 Link Road, Suite
F, League City, Texas 77573. 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 15~~' 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
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make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
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 maybe 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.
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SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 30th day of March ,2009.
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Bill isen,~City Manager 3/30/09
Terracon Consultants, Inc.
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l~erracon
March 4, 2009
ills. Andrea Brinkley
City of Pearland
319 Liberty Drive
Pearland, Texas 7758"1
Subject: Cost Estimate for Construction Materials Testing Services
New Recreation Center and Natatorium
Pearland, Texas
Terracon Proposal Number P91-C0233-08 Rev. 1
Dear Ms. Brinkley:
Terracon Consultants, Inc. (Terracon) is pleased to provide this Cost Estimate to the City of
Pearland. ~Ve understands that we have been selected based on ottr dualifications to provide
materials testing services Eor the referenced Projects. In this letter we have presented our
understanding of the scope of the project, our proposed services, and our budget estimate.
A. PROJECT INFORMATION
The Project consists of the construction of an approximately 100,000 SF recreation center and
natatorium, in Pearland, Texas. The Site is located at NE Corner of Bailev Road and Veterans
Drive.
Earthwork will include the placement of miiumum 60 inches of select fill pad. The building will
be supported on drilled and underreamed footing foundation, concrete slab on grade,
composite metal deck/normal weight concrete for second floor, structural steel framing, and
masonry veneer t~~alls. These site parking consists of vai°~~ing thicknesses of concrete on lime
treated subgrade. Site utilities are included. Other ~~-ork consists of the installation of a 27-inch
sanitary line along Veterans Road and the construction of tunling lanes from Bailev Road.
B. SCOPE OF SERVICES
Project Plans and Specifications, prepared by PBK Architects, were provided. Terracon
proposes to provide the follo~~~ing scope of services, ~~~hen scheduled by the contractor or your
representative.
Terracon Consultants, Inc. 551 Link Road, Suite F League City, Texas 77573
P [281] 557 2900 F [281j 557 2990 terracon.com
Nezn Recreation Center ara1 Natatorium
Terracon Cost Estimate No. P91-C0233-OSRez~. 1
March 4, 2009
1.0 Earthwork:
1 ~~rr~con
Consulting Engineers 3 Scientists
a) Observe proof rolling operations, sample subgrade, select fill, trench backfill and
treated materials. Prepare and test the samples for classification by the Atterberg
Limits and moisture density relationship.
b) Perform gradations on lime treated material.
c) Perform field density tests using the nuclear method to determine the moisture
content and percent compaction of the subgrade, fill, and backfill.
d) Obtain random samples of the select fill during placement and test for Atterberg
Limits to verify compliance with the Plasticity Index requirement.
2.0 Drilled and Underreamed Footing Foundation:
a) Observe the installation of the drilled pier foundation. Record auger and belling tool
dimensions and bottom condition. The number, size, and length of vertical
reinforcing bars used for piers will be documented.
b) Obtain pocket penetrometer readings on soil cuttings removed during excavation at
or near the bearing stratum.
c) Sample the fresh concrete, perform slump, air content, concrete temperature, and
cast test specimens during placements
d) Perform compressive tests of concrete test cylinders cast in the field.
3.0 Cast-In-Place Concrete:
a) Provide observations for reinforcing steel. Verify the size, number and placement
configuration is in general compliance with the approved details.
b) Sample the fresh concrete for each mix, perform required tests, including slump, air
content, concrete temperature, and cast test specimens during placements.
c) Perform compressive tests of concrete test cylinders cast u1 the field.
Please note: Terracon will require the approved concrete mix designs and the
approved reinforcing steel Shop Drawings to provide these services.
4.0 Concrete/Asphalt Placed for Pavement:
a) Sample the fresh concrete for each mix, perform required tests, including slump, air
content, concrete temperature, and cast test specimens during placements.
b) Perform compressive tests of concrete test cylinders cast in the field.
c) Document placement temperature anti assist the contractor in establishing a rolling
pattern for asphalt.
d) Perform field density tests using the nuclear method, to determine the percent
compaction of the asphalt layers.
5.0 Masonry Mortar and Grout:
a) Mortar: Obtain mortar samples and perform mortar cylinder compression tests.
b) Grout: Obtain grout samples and perform compressive strength of grout prisms.
Nezo Recreation Center and Natatorium
Terracon Cost Estimate No. P91-C0233-OSRez~. 1
Marc~r 4, 2009
1 ~~rr~con
Consulting Engineers d Scientists
6.0 Structural Steel Welded & Bolted Connections:
a) Provide a certified welding inspector (CWI) at the job site to observe field welding
procedures and visually check bolted/welded connections, as well as roof deck
puddle welds, in accordance with applicable AISC and AWS specifications and
Contract Documents.
b) Perform Ultrasonic testing of welded connections, as requested by the Architect.
7.0 Fireproofing:
a) Perform thickness and density testing of sprayed on fireproofing materials.
8.0 Roofing Observations:
a) Observe and document the roofing contractor's activities and verify compliance with
the project specifications and details for modified bitumen roofing.
9.0 Terracon Project Manager will provide the following services:
A professional engineer registered in Texas will be assigned as Project Manager.
a) Attend construction meetings, if requested
b) Review concrete mixes submitted to Terracon, if requested
c) Coordinate field and laboratory testing,
d) Communicate with Terracon field technicians, Contractor, and Owner's site
representative,
e) Review laboratory and field test reports,
f) Control our budget anc~ invoice.
Additional Services:
If work beyond the scope listed above is requested by the Client, Terracon will issue a short
Supplement to the Agreement form, or Supplement Cost estimate, that outlines the additional
work to be performed and the associated fees. To authorize us to begin this additional work,
you simply return a signed copy of the Supplement.
Project Schedule:
Field testing services will be provided on a "call-out" basis when scheduled by your
representative. A minimum of 24-hours notice is required to schedule our services (48 hours
for structural steel), although we will attempt to meet requests in a shorter time frame.
Terracon will only provide testing when called by your onsite representative. The extent of our
observations and documentation will be limited to the items observed during the site visits.
Neu Recreation Center and Natatorium ~ ~~~~~~~~
Terracon Cost Estirnute No. P91-C0233-OSRez~. 1
March 4, 2009 Consulting Engineers 3 Scientlsts
C. COMPENSATION
Our estimated total budget to perform the testing is $85,896. A breakdown of this budget is
attached. Please note that this is only a budget estimate and not anot-to-exceed price. Many
factors beyond our control, such as weather and the contractor's schedule, will dictate the final
fee for our services. We will not exceed our estimated budget amount unless authorized by The
City of Pearland.
Fees for services provided will be based on the unit rates shown in the attached Budget
Estimate. Services not included in this cost estimate, which may be requested or provided
throughout the job, will be billed at Terracon rates, attached.
Overtime is defined as all hours in excess of eight per day, Monday through Friday, and all
hours worked on weekends and holidays. Overtime rates will be 1.5 times the hourly rate
quoted. A 4-hour minimum charge will be applied to site visits other than sample or cylinder
pickups. You will be izlvoiced on a monthly basis for services actually performed.
AUTHORIZATION
Per Agreement between City of Pearland and Terracon, to be issued by City of Pearland.
We appreciate your continued trust in our work. Please call us at 281-557-2900 if you have any
questions or comments regarding this cost estimate.
Sincerely,
Terraco~Consulta ts, Inc.
~ ~~
~~
Noosha mith, .E.
Sr. Principal
Terracon-League City Office
Neu Recreation Center and Nakztorium ~ ~~~~~~~~
Terracon Cost Estimate IVo. P91-00233-OSRez~. 1
March 4, 2009 Consulting Engineers 5 Scientists
Budget Estimate
City of Pearland New Recreation Center and Natatorium
Service Quantity Unit Unit Rate Estimate
1.0 Earthwork
Building Subgrade and Pad, Site util ities, Pavement Subgrade, misc. earthwork
Engineering Technician 320 hour $ 42.00 $ 13,440.00
Engineering Technician, OT 50 hour $ 63.00 $ 3,150.00
Vehicle Charge 50 trip $ 50.00 $ 2,500.00
Nuclear Gauge 45 trip $ 50.00 $ 2,250.00
Lime Determination 2 each $ 350.00 $ 700.00
Moisture Density Relationship (treated, select fill, subgrade,
crushed stone) 13 each $ 150.00 $ 1,950.00
Atterberg Limits 12 each $ 45.00 $ 540.00
Additional Atterberg Limits for verification 20 each $ 45.00 $ 900.00
$ 25,430.00
2.0 Drilled Footing Foundation
Engineering Technician 160 hour $ 42.00 $ 6,720.00
Engineering Technician, OT 40 hour $ 57.00 $ 2,280.00
Vehicle Charge 20 day $ 50.00 $ 1,000.00
Cylinder Tests (4 cyl/set) 80 each $ 14.00 $ 1,120.00
$ 11,120.00
3.0 Concrete for Slab on Grade, Grade Beams, Elevated Deck, Sump, Misc. concrete
Engineering Technician 192 hour $ 42.00 $ 8,064.00
Engineering Technician, OT 19 hour $ 63.00 $ 1,197.00
Vehicle Charge 40 day $ 50.00 $ 2,000.00
Cylinder Tests (4 cyl/set) 316 each $ 14.00 $ 4,424.00
$ 15,685.00
4.0 Parking and Pavement and Turning Lanes
Engineering Technician 132 hour $ 42.00 $ 5,544.00
Vehicle Charge (including pick ups) 21 day $ 50.00 $ 1,050.00
Cylinder Tests (4 cyl/set) 128 each $ 14.00 $ 1,792.00
Asphalt Lab Series 1 series $ 400.00 $ 400.00
$ 8,786.00
5.0 Masonry
Engineering Technician 30 hour $ 42.00 $ 1,260.00
Mortar Cylinders (6 Per Set) 5 set $ 150.00 $ 750.00
Grout Prism (6 Per Set) 5 set $ 150.00 $ 750.00
Vehicle Charge 5 trip $ 50.00 $ 250.00
$ 3,010.00
Nezn Recreation Center and Natatorium ~ ~~~~~~~~
Terracon Cost Estimate No. P91-C0233-OSRez~. 1
March 4, 2009 Consulting Engineers 6 Scientists
Budget Estimate
City of Pearland New Recreation Center and Natatorium
Service Quantity Unit Unit Rate Estimate
6.0 Bolted and Welded Connections
Certified Welding Inspector 90 hour $ 75.00 $ 6,750.00
UT testing Equipment 3 day $ 85.00 $ 255.00
Vehicle Charge (including pick ups) 15 trip $ 50.00 $ 750.00
$ 7,755.00
7.0 Fireproofing
Engineering Technician 40 hour $ 42.00 $ 1,680.00
Fireproofing Density Testing 10 each $ 25.00 $ 250.00
Vehicle Charge 10 trip $ 50.00 $ 500.00
$ 2,430.00
8.0 Roofing Observations
Roofing Inspector (5 weeks fort 40 hrs/week) 200 hour $ 42.00 $ 8,400.00
Vehicle Charge (including pick ups) 25 trip $ 50.00 $ 1,250.00
$ 9,650.00
9.0 Project Management
Project Management & Administration 14 hour $ 145.00 $ 2,030.00
Total $ 85,896.00