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R2009-167 - 2009-10-26 RESOLUTION NO. R2009 -167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE MAGNOLIA ROAD PROJECT (PHASE 3). 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 Magnolia Road 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 Magnolia Road Project. PASSED, APPROVED and ADOPTED this the 26 day of October, A.D., 2009. ------)07ru 47 TOM REID MAYOR ATTEST: Y�� NG L�' TVMC� N m SEW ETARY APPROVED AS TO FORM: c c DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2009 -167 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on_ October 26, 2009 by and between the City of Pearland "CITY and Tolunay Wong Engineers, Inc. "CONSULTANT The CITY engages the CONSULTANT to perform Material Testing services for a project known and described as Magnolia Road Expansion Project Phase 3 (Project #T70041 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 Material Testing Services for the Magnolia Road Project Phase 3 (Magnolia Raod; CR89 /Cullen Parkway to Harkey Rd; CR89 /Cullen Parkway: Southfork to Northfork: Morgan Rd. to CR89 /Cullen Parkway. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. 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 shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculation, 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. E. 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. -1- F. 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. (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. G. 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. -2- 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 /0—A A o it SECTION III CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is broken down as Field Services in the amount of $243,740.00 and Lab Services in the amount of $46,795.00. Total compensation for the services performed shall be to a maximum of $290,535.00 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 -3- personally or by certified mail at Tolunay Wong Engineers, Inc., 10710 S. Sam Houston Parkway W., Suite 200, Houston, Texas 77031. 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 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 may be amended only by written instrument signed by both parties. -4- 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 26th day of October 2004. CITY OF PEARLAND, TEXAS Bill Eisen City Manager CO SULTANT -5- Tolunay -Wong Engineers,Inc. October 21, 2009 TWEI Proposal No: P09 -C 127Rev.1 RECEIVED City of Pearland OCT 2 1 09 3519 Liberty Drive ca, V'e,,I Pearland, TX 77546 P;,) €A) Dot Email: abrinkley @ci.pearlend.tx.us Attn: Ms. Andrea Dekam Brinkley, PMP PROPOSAL FOR CONSTRUCTION MATERIAL TESTING SERVICES MAGNOLIA ROAD EXPANSION PROJECT PHASE 3 MAGNOLIA RD.; CR 89 /CULLEN PARKWAY TO HARKEY RD.; CR 89/ CULLEN PARKWAY: SOUTHFORK TO NORTHFORK: MORGAN RD. TO CR89 /CULLEN PARKWAY CITY OF PEARLAND, TEXAS Dear Ms. Brinkley: Tolunay -Wong Engineers, Inc. (TWEI) appreciates the opportunity to submit this proposal to provide construction material testing services for the mentioned project. This proposal outlines a scope of services, unit rates and an estimated cost of services. Scope of Services The scope of services covered in this proposal includes, but are not limited to the following: Observe proof -roll, subgrade Field density moisture testing; backfill, fill, subgrade, stabilized materials, HMAC (Utilities, embankments, paving subgrades, bridges, redi -span structure) Foundation monitoring, drilled shafts, under reamed footings, bridge Cement stabilized sand density and compressive strength, backfill. Concrete mix design verification and review; Class C and Class S concrete Asphalt mix design verification and review; Type D surface course, Type A blackbase Concrete batch plant observation, on -site (Technician will observe batching operations daily prior to concrete departing the batching yard. He will verify proper mix design, aggregate constituents, cement type and concrete slump) Concrete monitoring and testing; structural, paving, sidewalks, bridge Offsite precast and pre- stressed concrete batch plant and observation. (Technician will be assigned from our Houston or Corpus Christi location to inspect facilities and batching operations at the proposed locations Related laboratory testing and sample pick -up services 10710 S. Sam Houston Pkwy W., Suite 100, Houston, TX 77031 (713) 722 -7064 Fax (713) 722 -0319 TWEI Proposal No.: P09- C127Rev.1 October 21, 2009 Page 2 Work Plan TWEI's approach to providing materials testing services is to assign qualified engineering technicians, and a senior project manager under the direction of a Professional Engineer. Our assigned Project Manager will provide communication, service direction, and overall project coordination as well as communicate with the contractors and inspectors on a regular basis. A NICET level 2 technician will be assigned to the project on a full -time basis and supported with a level 3 technician for particular soil situations that require immediate attention to varying degrees of soil types. Project controls will be conducted in accordance with our internal quality management system. All reports of materials tests and inspection services provided will be issued to appropriate members of the project team. In the event individual reports indicate potential problems or items of non conformance to the project specifications, you or your designee will be contacted the same day the non conformance occurs. A field copy of the report will be left with the contractor and inspector of all test results. A formal report will be issued three days of the service via electronic transmission. All retests will be separated from our original invoice and recorded on a different invoice and described as contractor's expense. All services and procedures requested will be performed in accordance with the 2009 City of Pearland standard fee schedule and will be followed as outlined in the general notes section of the said document. Estimated Cost of Services We estimate the cost of services to be $290,535 for the project. See attached estimated cost of services for a break down of the cost. Actual billings may vary as construction progresses. We will not exceed the estimated total without prior written approval. Overtime charges will be effect for all hours work in excess of 8 per day and all hours worked on weekends and holidays. Overtime will be charged at a rate of 1.5 times the proposed hourly rate listed in the City of Pearland Schedule of Fees. Our estimate is based on a contract duration of 450 days and stated quantities and frequencies outlined in the project specifications. All services performed that require retesting due to failures will be the responsibility of the contractor and the contractor will bear that expense. TWEI will notify the city failures the same day a failure occurs. TWEI will provide written notification as well as verbal of all failures. TWEI will separate retesting charges on another invoice stating the contractor expense. Proposal Acceptance If this proposal meets with your approval, please send us your standard contract agreement. We can begin work with your verbal authorization. TWEI Proposal No.: P09- C127Rev.1 October 21, 2009 Page 3 Closing Remarks Again, we would like to express our appreciation for the opportunity to submit this proposal and look forward to serving you on this project. Sincerely, TOLUNAY -WONG ENGINEERS, INC. 'Thug Weslow Vice President Enclosures: Estimated Cost of Services Tolunay -Wong Engineers, Inc. ESTIMATED COST OF SERVICES CONSTRUCTION MATERIALS TESTING PROPOSAL MAGNOLIA ROAD EXPANSION PROJECT PHASE 3 CITY OF PEARLAND, TEXAS Date: October 21, 2009 Proposal No: P09- C127Rev.1 Fee Code Field Services Quantity Unit Fee Unit Total 8 Technician, NICET II 2000 55.00 hour 110,000.00 (Foundation Monitoring, Earthwork Testing and Sample Pick -Up) 8.1 Technician, NICET II, Overtime Rate 200 82.50 hour 16,500.00 (Foundation Monitoring, Earthwork Testing and Sample Pick -Up) 7 Technician, NICET III 300 60.00 hour 18,000.00 (Senior Level Earthwork Testing and Support Services) 9 Technician, ACI -I 1500 48.00 hour 72,000.00 (Concrete Testing and Sample Pick -Up) 9.1 Technician, ACI -I, Overtime Rate 100 72.00 hour 7,200.00 (Concrete Testing and Sample Pick -Up) 10 Technician, HMA 1B 300 50.00 hour 15,000.00 (Asphalt Testing and Sample Pick -Up) 3 Project Engineer, P.E. 60 84.00 hour 5,040.00 subtotal 243,740.00 Laboratory Services Concrete 201 Concrete Mix Design Review 8 115.00 each 920.00 101 Aggregate Gradation 20 39.00 each 780.00 203 Concrete Compressive Strength Cylinders 1200 13.00 each 15,600.00 205 Concrete Coring 110 72.00 each 7,920.00 206 Concrete Core Measuring 110 9.50 each 1,045.00 subtotal 26,265.00 Soils 1001 Atterberg Limits 20 45.00 each 900.00 1004 Percent Passing No. 200 Sieve 20 35.00 each 700.00 1006 Moisture /Density Relations 20 150.00 each 3,000.00 1011 Lime Content Recommendation Series 10 178.00 each 1,780.00 subtotal 6,380.00 Asphalt 801 Asphalt Mix Design Review 4 160.00 each 640.00 1014 Cement Stabilized Sand Cylinders 200 52.00 each 10,400.00 804 Extraction and Gradation 10 149.00 each 1,490.00 805 Specific Gravity 10 53.00 set 530.00 806 Stability 10 70.00 set 700.00 807 Bulk Density 10 39.00 set 390.00 subtotal 14,150.00 Total Estimate 290,535.00 note: -This is an estimate, and actual billings may vary with construction progress. 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