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HomeMy WebLinkAboutR2010-070 2010-06-14RESOLUTION NO. R2010-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE CITY'S ALICE STREET WATER PLANT. 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 Alice Street Water Plant, 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 Alice Street Water Plant. PASSED, APPROVED and ADOPTED this the 14th day of June, A.D., 2010. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: j2, _ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2010-70 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on June 14, 2010 by and between the City of Pearland ("CITY") and Geotest Engineering, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Materials Testing Services for a project known and described as Alice Street Water Plant and City of Pearland 30" Water Line Interconnect with City of Houston (Project #W42051) 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 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: (I) 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 $I,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. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed 24 months after execution of this contract. 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 $266,571.50. 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 5600 Bintliff Drive, Houston, Texas 77036. 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 15th 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. 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 ! 4th_ day of June City of Pearland Geotes Engineeerriing, , 2010. GEM -EST N NEE,t'IING9 HNC Geatechnfca! Engineers & Materials Testing 5600 I3intlitf Drive Houston, Texas 77036 Telephone: (713) 266-0588 Fax: (713) 266-2977 Proposal No. 11502222-01 Date: 05-03-2010 City of Pearland Attention: Ms. Teresa Battenfield, P.E. 3519 Liberty Drive Pearland, Texas 77581 Re: Mice Street Water Plant and Pearland Waterline Interconnect with C.O.H. Project No. 0110-16 Dear Ms. Battenfield: Based on the drawings and specifications fiunishedto us, Geotest Engineering, Inc. is pleased to submit our cost estimate for performing materials engineering services during the construction of the above referenced project. Based on the proposed scope of services, we estimate a budget of $266,571.50. Any additional services requested and not part of this estimate will be charged in accordance with our attached fee schedule. Please indicate your formal acceptance by signing below and returning one (1) copy. We look forward to working with you. If you have any questions, please contact me at your convenience. Copies Submitted (2) Cost Estimate ACCEPTED BY: PRINTED NAME: TITLE: DATE: Very truly yours, GEOTEST ENGINEERING, INC. Ravi Raj Yanamandala P.E. TBPE Registration No. F-410 President Geotest Engineering Budget Estimate Alice Street Water Plant and Pearland Waterline Interconnect with C.O.H C Service Billing Codes 1.0 Earthwork Quantity Unit Unit Rate Estimate Building Subgrade and Pad, Site Utilities, Pavement Subgrade, 30" Waterline,Misc. Earthwork Engineering Technician Engineering Technician, (OT) Vehicle Charge Nuclear Gauge Lime Determination Moisture Density Relationship(treated,select fill,subgrade) Atterberg Limits Percent Passing 200 Sieve (-200) Cement Stabilized Sand Compressive Strength 10700 1850 Hour 10701 580 Hour 15000 268 Trip 95100 2430 Hour 92800 2 Each 92300 12 Each 90100 12 Each 90600 12 Each 94100 124 Each $ 53.00 $ 79.50 $ 60.00 $ 9.00 $ 178.00 $ 175.00 $ 53.00 $ 45.00 $ 61.00 Total: $ 98,050.00 $ 46,110.00 $ 16,080.00 $ 21,870.00 $ 356.00 $ 2,100.00 $ 636.00 $ 540.00 $ 7,564.00 $ 185,742.00 2.0 Drilled Footing Foundation Engineering Technician Engineering Technician, (OT) Vehicle Charge Cylinder Tests (4 cyl/set) 10700.0 10701 15000.0 30100.0 64 Hour 16 Hour 8 Trip 32 Each $ 53.00 $ 3,392.00 $ 79.50 $ 1,272.00 $ 60.00 $ 480.00 $ 15.00 $ 480.00 Total: $ 5,624.00 3.0 Concrete for Slab on Grade,Grade Beams, Misc. Concrete Engineering Technician Engineering Technician, (OT) Vehicle Charge Cylinder Tests (4 cyl/set) 10700.0 10701 18.0 30100.0 250 Hour 75 Hour 50 Trip 268 Each $ $ $ 53.00 79.50 60.00 15.00 $ 13,250.00 $ 5,962.50 $ 3,000.00 $ 4,020.00 Total: $ 26,232.50 4.0 Pre -Cast Plant Visit Within 100 Mile Radius of Project Engineering Technician, 2 Visits at 10 hrsNisit Engineering Technician, (OT) Vehicle Charge 10700.0 10701.0 10500.0 16 Hour 4 Hour 2 Trip $ 53.00 $ $ 79.50 $ $ 60.00 $ Total: $ 848.00 318.00 120.00 1,286.00 5.0 Parking and Pavement Engineering Technician Engineering Technician, (OT) Vehicle Charge Cylinder Tests (4 cyl/set) 10700.0 10701 10500.0 30100.0 160 Hour 36 Hour 20 Trip 104 Each $ $ $ 53.00 79.50 60.00 15,00 $ 8,480.00 $ 2,862.00 $ 1,200.00 $ 1,560.00 Total: $ 14,102.00 Service Quantity Unit Unit Rate Estimate 6.0 Masonary Engineering Technician Mortar Cubes (6 Per Set) Shotcrete Panels (Coring and Testing) Vehicle Charge 10700.0 80 Hour $ 53.00 $ 4,240.00 60100.0 8 Set $ 102.00 $ 816.00 10200.0 18 Each $ 105.00 $ 1,890.00 15000.0 10 Trip $ 60.00 $ 600.00 Total: $ 7,546.00 Certified Welding Inspector UT Testing Equipment Vehicle Charge 7.0 Bolted and Welded Connections 11100.0 50300.0 15000.0 204 Hour 13 Day 28 Trip $ 77.00 $ 15,708.00 $ 67.00 $ 871,00 $ 60.00 $ 1,680.00 Total: $ 18,259.00 8.0 Fireproofing Engineering Technician Fireproofing Density Testing Vehicle Charge 10700.0 70100.0 15000.0 30 Hour 5 Each 5 Trip $ 53.00 $ $ 58.00 $ $ 60.00 $ 1,590.00 290.00 300.00 Total: $ 2,180.00 9.0 Project Management Project Management & Administration Vehicle Charge 10500.0 80 Hour $ 58.00 $ 4,640.00 15000.0 16 Trip $ 60.00 $ 960.00 Total: S 5,600.00 Total Estimated Budget 266,571.50 Remarks Note: A Minimum Of 4 Hours Will Be Charged at The Applicable Rate For All Technician/Inspector Services. And an Overtime Rate O11.5 Times The Hourly Rate Is Applicable For All Hourly Employees. GEOTEST ENGINEERING, INC. Geotechntcal Engineers & Materials Testing 5600 Bintliff Drive Houston, Texas 77036 Telephone: (713) 266-0588 Fax: (713) 266-2977 Proposal No. 11502222-0I Date: 05-03-2010 City of Pearland Attention: Ms. Teresa Battenfield, P.E. 3519 Liberty Drive Pearland, Texas 77581 Re: Mice Street Water Plant and Pearland Waterline Interconnect r► ith C.O.I1. Project No. 0110-16 Dear Ms. Battenfield: Based on the drawings and specifications furnished to us, Geotest Engineering, Inc. is pleased to submit our cost estimate for performing materials engineering services during the construction of the above referenced project. Based on the proposed scope of services, we estimate a budget of S266,571.50. Any additional services requested and not part of this estimate \vill be charged in accordance with our attached fee schedule. Please indicate your formal acceptance by signing below and returning one (1) copy. We look forward to working with you. If you have any questions, please contact me at your convenience. :ten Copies Submitted (2) Cost Estimate ACCEPTED BY: PRINTED NAME: TITLE: DATE: Very truly yours, GEOTEST ENGINEERING, INC. Ravi Raj Yanamandala P.E. TBPE Registration No. F-410 President Geotest Engineering Budget Estimate Alice Street Water Plant and Pearland Waterline Interconnect with C.Q.H Service Billing Codes 1.0 Earthwork Quantity Unit Unit Rate I Estimate Building Subgrade and Pad, Site Utilities, Pavement Subgrade, 30" Waterline,Misc. Earthwork Engineering Technician Engineering Technician, (OT) Vehicle Charge Nuclear Gauge Lime Determination Moisture Density Relationship(treated,select fill,subgrade) Atterberg Limits Percent Passing 200 Sieve (-200) Cement Stabilized Sand Compressive Strength 10700 1850 Hour 10701 580 Hour 15000 268 Trip 95100 2430 Hour 92800 2 Each 92300 12 Each 90100 12 Each 90600 12 Each 94100 124 Each S 53.00 S 79.50 $ 60.00 S 9.00 S 178.00 S 175 00 S 53.00 S 45.00 $ 61.00 Total: S S S S S S S S 98.050.00 46 110.00 16,080.00 21.870 00 356 OC 2.100 00 636 00 540.00 7,564.00 185, 742.00 2.0 Drilled Footing Foundation Engineering Technician Engineering Technician, (OT) Vehicle Charge Cylinder Tests (4 cyllset) 10700.0 10701 15000.0 30100.0 64 Hour 16 Hour 8 Trip 32 Each S 53.00 S 3,392.00 S 79.50 S 1.272 00 S 60.00 S 480 00 $ 15.00 $ 480 00 Total: S 5,624.00 3.0 Concrete for Slab on Grade,Grade Beams, Misc. Concrete Engineering Technician Engineering Technician, (OT) Vehicle Charge Cylinder Tests (4 cyl/set) 10700.0 10701 18.0 30100.0 250 Hour 75 Hour 50 Trip 268 Each S 53.00 S 13,250 00 S 79.50 S 5.962.50 S 60.00 S 3.000 00 $ 15.00 S 4.020 00 Total: S 26,232.50 4.0 Pre -Cast Plant Visit Within 100 Mile Radius of Project Engineering Technician, 2 Visits at 10 hrs/Visit Engineering Technician, (OT) Vehicle Charge 10700.0 10701.0 10500.0 16 Hour 4 Hour 2 Trip S 53.00 S 848.00 S 79.50 S 318.00 S 60.00 S 120 00 Total: S 1,286 00 5.0 Parking and Pavement Engineering Technician Engineering Technician, (OT) Vehicle Charge Cylinder Tests (4 cyl/set) 10700.0 10701 10500.0 30100.0 160 Hour 36 Hour 20 Trip 104 Each S 53.00 S 8,480 00 S 79.50 S 2.862 00 S 60.00 S 1,200 00 5 15.00 S 1,560 00 Total: 5 14,102.00 Service Quantity Unit Unit Rate Estimate 6.0 Masonary Engineering Technician Mortar Cubes (6 Per Set) Shotcrete Panels (Coring and Testing) Vehicle Charge 10700.0 80 Hour S 53.00 S 4,240 00 60100.0 8 Set S 102 00 S 816 00 10200.0 18 Each S 105 00 S 1.890 00 15000.0 10 Trip S 60 00 S 600 00 Total: S 7.546.00 7.0 Bolted and Welded Connections Certified Welding Inspector UT Testing Equipment Vehicle Charge 11100.0 204 Hour $ 77.00 S 15.708 00 50300.0 13 Day S 67.00 S 871 00 15000.0 28 Trip $ 60.00 S 1 680 00 Total: S 18.259.00 8.0 Fireproofing Engineering Technician Fireproofing Density Testing Vehicle Charge 10700.0 30 Hour $ 53.00 S 1.590 00 70100.0 5 Each s 58.00 S 290.00 15000.0 5 Trip S 60.00 S 300.00 Total; S 2,180.00 9.0 Project Management Project Management & Administration 10500.0 Vehicle Charge 15000.0 80 Hour $ 58.00 S 4.640.00 16 Trip S 60 00 S 960.00 Total: S 5.600 00 Total Estimated Budget 266,571.50 Remarks Note: A Minimum Of 4 Hours Will Be Charged at The Applicable Rate For All Technicianilnspector Services. And an Overtime Rate Of 1.5 Times The Hourly Rate is Applicable For All Hourly Employees.