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R2009-137 - 2009-08-31RESOLUTION NO. R2009-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE MCHARD ROAD EXPANSION 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 McHard Road Expansion 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 McHard Road Expansion Project. PASSED, APPROVED and ADOPTED this the 31St day u ust, A.D., 2009. TOM REID MAYOR ATTEST: DARRIN M. COKER CITY ATTORNEY APPROVED AS TO FORM: Exhibit "A" Resolution No. R2009-137 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on August 31, 2009 by and between the City of Pearland ("CITY") and Terracon Consultants, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as McHazd Road Improvements and Reconstruction Projects ("PROJECT"). (Project # T20001) 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 provide Construction Materials Testing Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B. 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. C. The CONSULTANT shall submit all final construction documents in both hazd copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Micro~o$ Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. D. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. E. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. Design 1 of 5 14. Revised 7/25/08 (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (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. G. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. Design 2 of 5 14. Revised 7/25/08 SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end after Final Completion Certificate of the project has been issued. SECTION III -CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is not to exceed. Total compensation for the services performed shall not exceed $111,607. 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 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. Design 3 of 5 14. Revised 7/25/08 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 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 defmitely 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. Design 4 of 5 14. Revised 7/25/08 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. 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 31 ct day of gi~„tt , 2009. CITY F P AND, TEXAS Bill Eisen, City Manager CO SULT Design 5 of 5 14. Revised 7/25/08 1 ~erracon July 27, 2009 Ms. Cara Davis City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Subject: Cost Estimate for Construction Materials Testing Services Mcliard Road Paving 8~ Drainage Improvements -Country Place Blvd. to Cullen Road Improvements -County Road 94 to Country Place Blvd. Reconstruction Pearland, Texas Terracon Proposal Number P91090043 Revision 1 Dear Ms. Davis: Terracon Consultants, Inc. (Terracon) is pleased to provide this Cost Estimate to the City of Pearland. We understands that we have been selected based on our qualifications to provide materials testing services for 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 Project Area #1 -paving and drainage improvements to extend McHard Road from Country Place to Cullen Boulevard, in Brazoria County, Texas. This section is approximately 9,675 linear feet of concrete paving, 3,425 linear feet of 2-lane roadway for west bound lanes and 6,250 linear feet of 2-lane roadway for east bound lanes. Project Area #2 consists of the reconstruction of paving from County Road 94 to Country place Boulevard; approximately 3000 linear feet on both the east bound lanes and west bound lanes. The pavement section is 10 inches of concrete on 8 inches of lime treated subgrade. Improvements also include construction of storm sewers and 2 box beam bridges. B. SCOPE OF SERVICES Project Plans and Specifications, prepared by HDR/Claunch & Miller, Inc, dated June 2009, were provided. Terracon proposes to provide the following scope of services, when scheduled by the contractor or the City of Pearland representative. 1.0 Earthwork: a) Observe proof rolling operations, sample subgrade, fill, trench backfill and treated materials. Prepare and test the samples for classification by the Atterberg Limits and moisture density relationship. b) Perfo~r~lrr~c~~~t1~s~~t~r~ts~iy~e tre~t~~~1~~e~~ialuite F League City, Texas 77573 P [281] 557 2900 F [281] 557 2990 terracon.com McHard Road Paving 8~ Drainage Improvements Terracon Cost Estimate No. P91090043 Rev. 1 July 27, 2009 1 t'~rr~con Consutting Engineers S Scientists c) Perform field density tests using the nuclear method to determine the moisture content and percent compaction of the subgrade, fill, and backfill. 2.0 Concrete 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. 3.0 Concrete for Structures (bridges, outfalls, misc.): 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. Please note: Terracon will require the approved concrete mix designs. 4.0 Plant Inspections for Pre-cast members (box beams for bridges): a) Once notified by the Contractor, visit the fabricating plant to document calibration of equipment, observe casting of strength cylinders by plant QC, document compressive strength results prior to release of members. 5.0 Asphalt Transitions: a) Document placement temperature and assist the contractor in establishing a rolling pattern for asphalt. b) Perform field density tests using the nuclear method, to determine the percent compaction of the asphalt layers. 6.0 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 and invoice. We also request to be present at the pre-construction meeting. 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. Page 2 McHard Road Paving 8~ Drainage Improvements l~~rracon Terracon Cost Estimate No. P91090043 Rev. 1 July 27, 2009 ConsultingEngineers3Sclendsls Project Schedule: Field testing services will be provided on a "call-out" basis when scheduled by your representative. A minimum of 24hours 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. C. COMPENSATION Our estimated total budget to perform the testing is 111 607. 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 invoiced 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, Terracon sultants, Inc oosha P. ith, Sr. Principal Terracon-League City Office Page 3 McHard Road Paving ~ Drainage Improvements lf~rr~con Terracon Cost Estimate No. P91090043 Rev. 1 .luly 27, 2009 ConsulGngEnglneerssSclentlsts Budget Estimate McHard Road Paving 8~ Drainage Improvements (County Rd 94 to Cullen Road) Service Quantity Unit Unit Rate Estimate 1.0 Earthwork Embankment Fill, Backfill, Pavement Subgrade Preparation Engineering Technician 1050 hour $ 42.00 $ 44,100.00 Engineering Technician, OT 120 hour $ 63.00 $ 7,560.00 Vehicle Charge 150 trip $ 50.00 $ 7,500.00 Nuclear Gauge 130 trip $ 50.00 $ 6,500.00 Lime Determination 4 each $ 350.00 $ 1,400.00 Moisture Density Relationship (treated, select fill, subgrade, crushed stone) 12 each $ 150.00 $ 1,800.00 Atterberg Limits 10 each $ 45.00 $ 450.00 $ 69, 310.00 2.0 Concrete for Paving Concrete Plant visit 8 hour $ 42.00 $ 336.00 Engineering Technician 363 hour $ 42.00 $ 15,246.00 Engineering Technician, OT 99 hour $ 63.00 $ 6,237.00 Vehicle Charge 68 day $ 50.00 $ 3,400.00 Cylinder Tests (4 cyl/set) 400 each $ 14.00 $ 5,600.00 $ 30,819.00 3.0 Concrete for Structures (bridge, outfall, misc) Engineering Technician 118 hour $ 42.00 $ 4,956.00 Vehicle Charge 23 day $ 50.00 $ 1,150.00 Cylinder Tests (4 cyl/set) 48 each $ 14.00 $ 672.00 $ 6,778.00 4.0 Precast Plant Visits for Box Beams Engineering Technician 24 hour $ 42.00 $ 1,008.00 Vehicle Charge 4 day $ 50.00 $ 200.00 $ 1,208.00 5.0 Asphalt Transition Engineering Technician 16 hour $ 42.00 $ 672.00 Vehicle Charge 2 day $ 50.00 $ 100.00 Asphalt Lab Series 1 series $ 400.00 $ 400.00 $ 1,172.00 6.0 Project Management Project Management & Administration 16 hour $ 145.00 $ 2,320.00 Total $ 111,607.00 Page 4