R2004-041 03-22-04 RESOLUTION NO. R2004-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH BELAIRE ENVIRONMENTAL, INC. FOR
WETLANDS MITIGATION ASSOCIATED WITH THE PEARLAND
PARKWAY ROAD PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Bellaire
Environmental, Inc., 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 with Belaire Environmental, Inc., for wetlands
mitigation associated with the Pearland Parkway Road Project.
PASSED, APPROVED and ADOPTED this the 22nd day of March ,
A.D., 2004.
ATTEST:
Y/~NG L/(~'~I~, :l'~C
~.~Y SEC..,P, ETARY ~'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
MAYOR
Exhibit "A"
Resolution No. R2004-41
CITY OF PEARLAND
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Belaire Environmental, Inc. (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Design and construction monitoring of Pearland Parkway
17.38 acre and 7.61 acre wetlands mitigation site.
Consultant/Subconsultant(s) Fee Basis of Compensation
Belaire Environmental, Inc. $96,350 Time & Materials
Reimburseable
Maximum Contract Amount $96,350
* All financial obligations created by this agreement are between the City and
Consultant, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: June 2004
Attachments: Scope of Services - Exhibit A
Project Schedule - Exhibit A
2. Services and Payment.
A. Consultant will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for 'the services of Consultant shall be
due and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Consultant shall specify the basis of
compensation in the scope of work for the project. The Consultant shall provide
adequate detail of the basis of compensation so that the City can determine the
reasonableness of the fees and have the ability to make reasonable progress payments
to the Consultant based upon work completed at the payment intervals. The Consultant
shall subcontract for all subconsultants, subject to City approval, necessary to complete
the scope of work. The subconsultant's fees and administrative mark-up, if any, shall
be included in the scope of work. Unless otherwise agreed upon, the method of
compensation shall be one of the fOllowing methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Consultant's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Consultant for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Consultant shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Consultant shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Consultant.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
If City fails to make any payment due Consultant for services and expenses within
thirty (30) days after receipt and approval of Consultant's statement for services
therefore, the amounts due Consultant will be increased at the rate of one percent (1%)
per month from said thirtieth (30th) day, and, in addition, Consultant may, after giving
seven (7) days' written notice to City, suspend services under this Contract until
Consultant has been paid in full, all amounts due for services, expenses, and charges.
B. All the Consultant's working drawings, plans, and specifications, if required
under this Contract, shall be sufficiently accurate, detailed, and complete so that
competitive bids for the work can be obtained and the improvements constructed.
C. Approval of the Consultant's work by the City shall not release the Consultant,
its employees, agents, or consultants, from the responsibility and liability for the
accuracy and competency of their designs, working drawings, and specifications, or
other documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Consultant shall promptly
correct errors in the Consultant's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Consultant shall prepare a project
schedule identified as an attachment to this agreement and submit it for review within
15 calendar days after receiving a Notice-to-Proceed. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Consultant's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Consultant of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Consultant,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Consultant and approved
by the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Consultant.
The City may terminate this Contract at any time during its term by giving written notice
to Consultant. The City shall pay the Consultant for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Consultant's cost of, or the time required for, the performance
of any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Consultant is incom'petent or
undesirable, City will notify Consultant accordingly and Consultant shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Consultant's fees for services. Consultant may
retain copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Consultant will be at City's sole risk and without liability or legal exposure to Consultant,
or to Consultant's independent associates or consultants, and City shall indemnify and
hold harmless Engineer and Engineer's independent associates from all claims,
damages, losses, and expenses including attorneys' fees arising out of or resulting
therefrom. Any such verification or adaptation will entitle Consultant to further
reasonable compensation. Consultant may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Consultant's other activities. Any reuse by Consultant will be at Consultant's sole risk
and without liability or legal exposure to City, and Consultant shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. 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.
B. 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, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City. Upon request, certified copies of all insurance
policies shall be furnished to the City.
8. Indemnity. 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
4
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.
9. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
10. Law Governing and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract 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. Purchase orders issued under this Agreement shall contain a
statement nullifying additional terms and conditions on the reverse side of the purchase
order and referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding 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 bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the ~..,~ day of /~/'~/~
,2004
CITY OF PEARLAND
/~ET..,~//Z.~ ¢/v/¢/~-c/,//4~f¢r~/~ ~,,?6onsultant
Bill Eisen
City Manager
/,
Printed i)lfame:
Title:
STATE OF TEXAS §
COUNTY OF"~)/'~ '''~° r ['~'~ §
, BEFO,RE ME, the undersigned Notary Public, on this day personally appeared
'~// ~'~,_5~.¢,-~ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN. UNDER MY HAND AND SEAL OF OFFICE THIS ¢,~,~ DAY
Of ~/"/')4.,r~..~( , A.D., 20 o ~' .
STATE OF TEXAS
Printed Name: ?~,~/'~ ~ ~o~.~.~_~
My Commission Expires:/?,,-//
STATE OF TEXAS
COUNTY OF
, BEFO~RE. ME, the undersigned Notary Public, on this day personally appeared
,~¢¢,¢'~_~¢'(.~ /J /~5.~LZ:L~.~L.¢_.- , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVE~, UNDER MY HAND AND SEAL OF OFFICE THIS ,~¢.¢//--DAY
~'-OTARY PUBLIC IN~(ND FOR THE
STATE OF TEXAS
]1 SHARON KAY BANGER I!
!11~.'-'~"% Notary Public, State of Texas [[
]1%~'.',~_?¢'.# My Commission Expires I!
OF
Printed Name: ~'/3,~-~, ~-~f'-Cp¢.,%?¢~'"'
My Commission Expires:
Mr. Allan Mueller
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Belaire Environmental, Inc. EXHIBIT
Planning · Permitting. Habitat Creation 1~ ~ ,4 ,,,, ~' - ,
March 9, 2004 lff Z-/ I
Dear Allan:
Re:
Revised Proposal to (1) Design and Monitor Construction of Pearland Parkway 17.38-Acre Mitigation
Site, 7.61-Acre Mitigation Site, Pearland parkway, and (2) Amend COE Permits 22288, 22288(01), and
SWG-03-33-005
Per your request, I have revised my February 14, 2004, proposal and enclosed a plan and cost proposal to perform
the referenced work. The enclosed plan excludes work related to restoration of the impacted areas subject to
NWP 33.
Belaire Environmental, Inc. (BEI) proposes to perform this work on a tire,and-materials reimbursable basis
according to the attached standard rate schedule. The total shown on the attachment will not be exceeded without
good cause or without your prior approval. Per our telephone conversation of February 12, 2004, I have
combined consulting for all mitigation construction work required by COE permitno. 22288, 22288(01), and
NWP 33 (SWG-03-33-005) into this proposal. The proposal assumes that all three efforts will be performed
concurrently and that the more stringent requirements of one permit will prevail over the other two.
As you are aware, the COE permits 22288, 22288(01), and SWG-03-33-005 require that mitigation construction
for impacts authorized by NWP 33 be completed by April 17, 2003. Also, permit 22288(01) was supposed to, but
does not include a provision that allowed the 22288 mitigation to occur concurrently with the 22288(01)
mitigation. Cheryl Jaynes of the COE is aware of these issues. I have included a task in this proposal to pursue
an extension-of-time for mitigation included in all three permits and to provide that all the mitigation efforts may
proceed on the same schedule.
My charge rate for the project will be my standard rate of $125 per hour. I have adjusted our standard rate
schedule to respond to the City's policies. I have also estimated reimbursable expenses. The cost of the current
mitigation work effort is approximately 35% higher than for the 22288 mitigation site work (proposal of June 3,
2002). The increase is a result of an approximately 50% increase in the'size of the site; the addition of several
more stringent requirements in 22288(01), such as more detailed baseline monitoring and the addition of tree
planting; post-construction monitoring and reporting of the drainage ditch vegetation alongside the Parkway; and
the permit amendment work mentioned above is an item that was not included in BEI's June, 2002 proposal.
Also, as you and I discussed, it may be less costly to the City if BEI performs the revegetation as a separate work
item without going through the bidding process. The planning, bid package preparation, and bidding process may
be as expensive as the actual revegetation work. We can discuss this issue further as the planning process
proceeds. The enclosed work plan assumes BEI's June 3, 2002, proposal and related contract will be cancelled
and replaced by this proposal and a new contract.
Thank you for the opportunity to submit this proposal. Please .call with any questions you may have.
Sincerely,
Charles E. Belaire
Encl.
361-729~2948
Physical address: Mailing address:
1802 Baywood Drive P.O. Box 741
Rockport, TX 78382 Rockport, TX 78381
Email: estuary123@aol.com
Fax 361-729-2970
BELAIRE ENVIRONMENTAL, INC.
STANDARD RATE SCHEDULE
Personnel:
Personnel costs are reimbursed on an hourly basis as follows:
Principal and Associate $ g0 - $150
Project Staff $ 30 - $ 75
Technical/Clerical Support $15 - $ 30
Travel and Subsistence:
All travel and subsistence expenses are invoiced at actual cost Cost of mileage on
company-owned or leased vehicles is computed at a rote of $0.365/mi1¢. Company-owned or
leased Suburbans or tmcks are billed at $0.365/mile. Company boats are invoiced at a rate of $275
per day for 2 l-ft boat and $175 per day for 16-fi boat, plus fuel.
Ail purchased services and goods are invoiced at actual cost plus 10%. These include, but
are not' limited to, reproduction costs, computer time, long distance telephone, boat fuel,
consultants, subcontract services, rented or leased equipment, and expendable supplies.
Daily charge rates for field equipment include, but are not limited to, the following:
Sub-Meter Trimble GPS (model no. 29673'-50) with
Tdmble backpack receiver (model 33302-51 ) $195
Global Water Turbidity Meter (model WQ777) $ 75
Aquacheek Water Analyzer $ 75
Soil Moisture Meter $ 35
GPS (handheld) (Garmin; Magellan) $ 25
Datascope $ 25
Bushnell Yardage Pro 800 $ 15
Bushnell Yardage Pro 600 $ 10
Eagle DepthFinder (model ST-TBK) $ 15
Sper Scientific Refractometer $ I0
Core Sampler (6-inch) $ 10
Imhoff Cones $ 5
Rate/day
Invoices are submitted monthly for all services rendered during the previous month and
are payable "net 30 days." Late payments will incur interest at 1-1/2% per month from the original
date of invoice, or the maximum amount permitted by law. Collection proceedings, shall
commence without notice once invoices remain unpaid 45 days from the date of invoicek The
company shall be reimbursed for all costs associated -~th collection, including legal fees,
expenses, and time spent on collection by company personnel. Reimbursement for collection.
efforts by company personnel shall be according to terms and conditions described in this rate
schedule.
December 2001
SUMMARY OF STEPWISE PLAN FOR 17.38-ACRE and 7.61-ACRE MITIGATION SITES
DESIGN AND CONSTRUCTION MONITORING
CITY OF PEARLAND, PEARLAND PARKWAY PROJECT
March 9, 2004
Activity
Estimated
Fees
ReimbursableI Expected
Expenses ] CompletiOnDate
Construction/Undesirable Vegetation Removal:
Step 1 Rough-stake excavation areas (creek berm-lowering, rice $1,750 $350 March 2004
levees, and prairie wetland creation areas in 22288 &
22288(01).
IStep 2 IRough-stake wetland enhancement/restoration areas;
J preliminarily tag sample undesirable vegetation throughout
Jmitigation site (22288 & 22288(01).
$1,750
$100 I March 2004
I Step 3 I Prepare instructions for surveys of two mitigation sites
1122288, 22288(01)], boundary and topo surveying.
$1,oooj
$100I March 2004 ]
I Step 4 Ildentify potential tree/brush and soil/disposal beneficial use
Isites.
$1,200I
$50] March 2004I
Step 5
Prepare rough draft of specifications for earthwork, including
excavating creek berm, rice levees and prairie wetlands CP
& CP2 [22288 & 22288(01)] and enhancement measures
including initial removal of undesirables at mitigation site
(RE1, RE2, RE3, RE4, B, FB, CF2, 82, and EF) and mowing
of B, 82, and CF2.
$2,400
$300 March 2004
Step 6
IStep
Meet with selected contractors at the site to identify likely
equipment needed, access issues, alternate construction
methods, alternate undesirable vegetation removal methods,
disposal/beneficial use options (soil and woody waste),
scheduling options, and other logistical considerations.
$1,800
$400
IObtainboundary and topographic of the 17.38-acre
surveys
and 7.61-acre sites. BEI will assist surveyor as needed.
$1,000
$2°°I
March 2004
April 2004
Step 8 I Perform wetland determination at disposal/beneficial use site
[(soil, herbaceous and woody waste) and seek COE approval
~[22288(01)].
$2,500
$500] April 2004
IStep 9 I Coordinate with City and TxDOT engineers to identify accessI
land engineering concerns.
I
$1,oooj
$100I Apdl2004
Step 10 IPrepare plans and specifications, including plan and/or $3,500 $500 April 2004
Isection views of excavation areas, undesirable vegetation
Iremoval sites, and disposal/beneficial use sites. Surveyor
lassistance needed.
IStep 11 I Field tag or otherwise identify undesimble vegetati°n in RE1,I $2,200I
IRE2, RE3, RE4, FB, B, EF, and CF2 and desirable
Ivegetation in B and B2.
$500I April2004 I
IStep 13 IPrepare bid package. I $3,000
$500 I May 2004
I Step 14' IRe-stake all project work areas (surveyor required); set
~contractor benchmarks. BEI will assist surveyor.
Istep 15 JSolicit bids. I $1,400 I $400 I May 2004
IStep 16 IConduct pre-bid site inspection.
$1,8001 $4501 May 2004
IStep 17 IReview bids with City and engineer.
IStep 18 IAssist City; select contractor(s) and award contract. I $1,000 I $350
I $1,000 I $150I June 2004
June 2004
Step 19'1Mon itor con struction.
$15,000 I $1,800I June 2004
iStep 20 IMonitor drainage ditch vegetation (per sheet 48 of 50) six
I months after construction of Parkway.
Step 21' AssiStbuilt survey.SUrvey°r as needed. Conduct post-construction as- $1,000 $350 August 2004
Sub- Total Construction/Undesirable Vegetation $61,500 $8,450
Removal
Planting/Seeding:
Step 22 Evaluate alternative seed and plant sources for created $1,400 $100 March 2004
forest wetland (CF2), prairie wetland creation (CP and CP2),
prairie enhancement and restoration (RE3) and upland
3rairie (B and B2)
Step 23 I Evaluate alternative methods for re-vegetating created prairie $1,400 $100 March 2004
Iwetland (CP and CP2) and restored prairie wetland
I(RE3),enhanced upland (seeding of B and B2), and created
I forest wetland (CF2).
IStep 24 I Negotiate sole-source planting/seeding arrangement withI $1,000I $200I April 2004
ICity or identify potential re-vegetation bidders. (BEI would
Ilike to bid on re-vegetation).
IStep 25 IPrepare re-vegetation plans and specifications. I $2,000 I $300 I April 2004
Step 26 IS°licit bids.
I $1,000J $300J May2004 J
JStep 27 JConduct site visit with potential bidders.
J $1,700J $300J May2004 J
IStep 28 IWork with City; receive bids and award contract.
I $1,3001 $1501 May 2004
IStep 29 IMonitor re-vegetation installation work.
I Sub. Total Planting/Seeding
$3'0001 $650I Nov2004 I
$12,800 $2,100
Permitting Extension-of- Time
Step 30 22288(01Coordinate), andW/COE;swG-03-33-005Pursue Extension-of-Time for 22288, $10,000 $1,500 March-Oct2004
Sub-Total Permitting Extension-of-Time $10,000 $1,500
Surveyor costs are not included in total and will vary
depending on survey needs. BEI may be able to substitute
sub-meter GPS shots and mapping some cases.
NOTE:
Assumes a 30-day or less construction schedule.
City will inform BEI in wdting of the actual construction
completion date of the Parkway. Per permit no. 22288, BEI
will monitor vegetation six months after completion of
Parkway construction. BEI assumes the City will notify BEI
of Parkway completion date.
Actual charges may vary from item to item, but the total
charges are not expected to exceed