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R-2016-132 2016-07-25RESOLUTION NO. R2016-132 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for construction materials testing services with Terracon Consultants, Inc., for the Reflection Bay Water Reclamation Facility 6 MGD Expansion Project, in the amount of $272,555.00, contingent upon the closing of the TWDB loan for this project on August 4, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That proposals for construction materials testing services associated with the Reflection Bay Water Reclamation Facility Expansion Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the contract to Terracon Consultants, Inc., in the amount of $272,555.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction materials testing services associated with the Reflection Bay Water Reclamation Facility 6 MGD Expansion Project, contingent upon the closing of the TWDB loan for this project on August 4, 2016. PASSED, APPROVED and ADOPTED this the 25th day of July. A.D., 2016. ATTEST: UNG�iRFING, TY S' ' RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution No. R2016-132 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Terracon Consultants, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Construction Materials Testing Services for a project known and described as Reflection Bay Water Reclamation Facility Expansion ("PROJECT"). (Project # WW1405) 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. Design 1 of 5 D2. Revised 2/14 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. (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. Design 2 of 5 D2 Revised 2/14 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 33 months after execution of this contract. Design SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed $272,555.00. B. The CITY shall pay the CONSULTANT in monthly installments based upon Unit Prices shown in the SCOPE OF WORK attached. 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. 3 of 5 D2 Revised 2/14 TERMINATION Design 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 League City Parkway, Suite F, League City, TX 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 15t 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 CONSULTANT 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, attomey'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. 4 of 5 D2 Revised 2/14 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. Design 5 of 5 0'7• DATE 7fZzo/6 DATE D2 Revised 2/14 lierracon March 14, 2016 Updated July 6, 2016 City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Attn: Ms. Andrea Brinkley Andrea Brinklev/COPAci.pearland.tx.us Subject: Cost Estimate for Construction Services Reflection Bay Water Reclamation Facility -Expansion Project Pearland, Texas Terracon Proposal Number P91161072 Revision 1 Dear Ms. Brinkley: Terracon Consultants, Inc. (Terracon) is pleased to provide this Cost Estimate to the City of Pearland. We understand we have been selected based on our qualifications to provide materials testing services for the referenced Project. In this letter we have presented our understanding of the scope of the project, the proposed services, and the budget estimate. This Cost Estimate has been revised to accommodate testing for Augured Cast Piles in lieu of Drilled Piers. PROJECT INFORMATION The City of Pearland (City) plans to commence Phase II and Phase III of the expansion of the existing WWTP site at 1818 Reflection Bay Drive. The estimated schedule to complete the Project is 33 months (1000 days). The scope of work will include: • New Head works structure • Modifications to lift station • Modifications to existing SBR • Construction of 4 new SBRs • Construction of new blower and electric building • Construction of 2 new tertiary filter basins • Construction of new chemical feed and electric building • Construction of 2 new aerated sludge holding tanks • Various new pads • Piping and appurtenances • Paving and drainage for site Terracon Consultants, Inc. 551 League City Parkway, Suite F League City, TX 77573 P 1281] 557 2900 F 1281) 557 2990 terracon.com Geotechnical • Environmental • Construction Materials • Facilities Cost Estimate for Materials Services Reflection Bay Water Reclamation Facility Expansion Project Pearland, Texas March 14, 2016 Updated 7.6.2016 Terracon Project No. 91161072 Rev 1 lierracon Foundation types for the various structures are proposed to consist of deep foundation, such as augured cast piles, and shallow foundation such as continuous footings and slab on grade/grade beam systems. The buildings are either prefabricated metal buildings (blower/electrical building and tertiary filter building), and precast building (sludge and service building). SCOPE OF SERVICES Project Plans and Specifications dated January 2016 were prepared by CDM. Terracon proposes to provide the following scope of services, when scheduled by the City of Pearland (City) representative. 1.0 Earthwork: 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. Obtain subgrade sample for lime determination test. Perform gradations on lime treated material. Perform field density tests using the nuclear method to determine the moisture content and percent compaction of the subgrade, fill, and backfill. Obtain random samples of the select fill during placement and test for Atterberg Limits to verify compliance with the Plasticity Index requirement. 2.0 Augured Cast Piles (ACP): Test Piles Installation: Y Terracon on site to observe installation of test piles and reaction piles. Y Cast compressive strength samples for grout. Test Pile Loading: ➢ Terracon on site to observe and document the test procedures and loading data. Data will be submitted to the Geotechnical Engineer of Record for analysis and recommendation. Production Piles: Y Observe the installation of the auger cast piles. Record the size of the shaft (including the length and auger diameter). The number, size and length of reinforcing bars used will be documented. »The calculated grout volume pumped into each shaft will be documented. YSample the grout material used for the pile system. Two sets of 6 grout cubes for each day's placement. Three samples will be tested at 7 days and three samples will be tested at 28 days. Cost Estimate for Materials Services Reflection Bay Water Reclamation Facility Expansion Project Pearland, Texas March 14, 2016 Updated 7.6.2016 Terracon Project No. 91161072 Rev 1 1Cerracon We strongly recommend that Terracon be invited to the preconstruction meeting(s). 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. G. COMPENSATION Our estimated total budget to perform the testing is $272,555. A breakdown of this budget is attached. Please note that this is only a budget estimate and not a not -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. TESTING AND OBSERVATION Owner understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Terracon will provide test results and opinions based on tests and field observations only for the work tested. Owner understands that testing and observation are not continuous or exhaustive, and are conducted to reduce — not eliminate — project risk. Owner agrees to the level or amount of testing performed and the associated risk. Owner is responsible (even if delegated to contractor) for notifying and scheduling Terracon so Terracon can perform these services. Terracon shall not be responsible for the quality and completeness of Owner's contractor's work or their adherence to the project documents, and Terracon's performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Terracon will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods. Cost Estimate for Materials Services Reflection Bay Water Reclamation Facility Expansion Project Pearland, Texas March 14, 2016 Updated 7.6.2016 Terracon Project No. 91161072 Rev 1 lierracon AUTHORIZATION Per Agreement between City of Pearland and Terracon, to be issued by City of Pearland. We appreciate your continued trust in our services. Please call us at 281-557-2900 if you have any questions or comments regarding this document. Sincerely, Terracon Consultants, Inc. Noosha P. Smith, P.E. Scott Englebert, P.E. Sr. Principal Materials Department Manager Attachment: Budget Table Cost Estimate for Materials Services Reflection Bay Water Reclamation Facility Expansion Project Pearland, Texas March 14, 2016 Updated 7.6.2016 Terracon Project No. 91161072 Rev 1 Budget Estimate Reflection Bay Water Reclamation Facility Facility Expansion Project Service lierracon Quantlt Unit Unit Rate Estim ate 1.0 Field Based on average 8 hour days for 400 days Engineering Technician Engineering Technician, OT Certified Wedding Inspector UT Equipment for full penetration welds 3050 460 120 2 hour hour hours days $ 55.00 $ 82.50 $ 95.00 $ 100.00 $ 167,750.00 $ 37,950.00 $ 11,400.00 $ 200.00 $ 217,300.00 2.0 Laboratory Moisture Density Relationship Atterberg Limits for proctors Atterberg Limits for select fill verification -200 Sieve analysis Gradations for base Lime Determination Cylinder Tests (4 cyl/set ) Compressive Strength Test for Grout (ACP) (6 samples per set)x 2 sets day Asphalt Lab Series 8 8 12 20 1 1 880 100 1 each each each each each each each set sets $ 150.00 $ 50.00 $ 50.00 $ 50.00 $ 300.00 $ 400.00 $ 14.00 $ 200.00 $ 450.00 $ 1,200.00 $ 400.00 $ 600.00 $ 1,000.00 $ 300.00 $ 400.00 $ 12,320.00 $ 20,000.00 $ 450.00 $ 36,670.00 3.0 Project Management & Administration Project Manager Administrative/Clerical Project Engineer, P.E. 75 45 16 hour hour hour $ 125.00 $ $ 50.00 $ $ 175.00 $ 9,375.00 2,250.00 2,800.00 14,425.00 Sub -Total $ 268,395.00 Line Item for ACP Test Piles Based on installation of 3 test piles and reaction piles( total 2 site visits per pile) Engineering Technician 52 hour $ 55.00 $ 2,860.00 Project Engineer Review Compressive Strength Test for Grout (ACP) (6 samples per set) 4 hour $ 175.00 $ 700.00 3 $ 200.00 $ 600.00 Sub -Total $ 4,160.00 set Project Total $ 272,555.00