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R2004-056 04-26-04 RESOLUTION NO. R2004-56 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 WILSON SURVEY GROUP FOR SURVEYING SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY WETLANDS MITIGATION 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 Wilson Survey Group, 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 Wilson Survey Group,for surveying services associated with the Pearland Parkway Wetlands Mitigation Project. PASSED,APPROVED and ADOPTED this the 26th day of April , A.D., 2004. c....--L—„-...)- e.frkr/at TOM REID MAYOR ATTEST: 4 NG 1T' ,"T..M Y S r" RETARY� itil APPROVED AS TO FORM: Ce14,:._ DARRIN M. COKER CITY ATTORNEY EXHIBIT CITY OF PEARLAND A STANDARD AGREEMENT FOR CONSULTANT SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter"City"), and Wilson Survey Group, 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: Topographic and boundary survey support for Belaire Environmental wetland mitigation design and construction monitoring of Pearland Parkway 17.38 acre and 7.61 acre wetlands mitigation site. Consultant/Subconsultant(s) Fee Basis of Compensation Wilson Survey Group, Inc. $36,500 Time & Materials Reimburseable Maximum Contract Amount $36,500 *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 — Concurrent with Belaire schedule 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-half of one percent (0.5%) 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. 2 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 incompetent 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 3 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. 4 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 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. 5 EXECUTED and EFFECTIVE as of the day of , 2004 CITY OF PEARLAND , Consultant • By: Bill Eisen Printed Name: City Manager Title: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared , 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 , A.D., 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared , 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 , A.D., 20 NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires: 6 G THE WILSON SURVEY GROUP, INC. PROFESSIONAL LAND SURVEYORS April 4, 2004 Mr. Alan Mueller Deputy City Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Pearland Parkway Mitigation Area Dear Mr. Mueller, This letter is our proposal to perform surveying and mapping services in connection with the Pearland Parkway 24.75 acre Mitigation Area design and construction work. Based on the "Instructions to Surveyor' and the "Response to Questions" provided by Belaire Environmental, Inc. (attached), and a visit to the site, we propose the following: • With the exception of Item 7 and Item 17, The Wilson Survey Group, Inc. will provide the services as specified and clarified. • The cost to provide the outlined services will be approximately$36,500.00. This estimate is to be considered very approximate due to numerous items that will not be decided until the project is underway and because there are construction staking components to this proposal. We propose to invoice on a time and material basis. We will closely coordinate our activities with the City and with Belaire Environmental, Inc. Mr. Mueller, we appreciate the opportunity to submit this proposal and look forward to working with you on this important project. Please call me at (281) 485-3991 if you have any questions-- or if we can be of further service. 44,artisiittatruly, ' . 1 firIchael D. Wilson, R.P.L.S. President 2006 E.Broadway•Suite 105•Pearland,Texas 77581 Ph(281)485-3991•Fax(281)485-3998 E-mail:mdwilson t@houston.rr.com WIG THE WILSON SURVEY GROUP, INC. PROFESSIONAL LAND SURVEYORS January 2004 SCHEDULE OF HOURLY RATES Registered Professional Land Surveyor (RPLS) $ 85.00 Survey Technician $ 65.00 CAD Operator $ 60.00 . Clerical $ 35.00 2-Man Survey Crew* $ 95.00 3-Man Survey Crew* $105.00 GPS Crew and Equipment Quoted as Needed MISCELLANEOUS CHARGES Transportation by Company Vehicle $0.'36/mile Delivery by Commercial Carrier Cost Plus 10% Non-Labor Expenses (Equipment rental, tolls, etc.) Cost Plus 10% Reproduction of Drawings Prevailing Commercial Rates *Survey Crew Rates include normal survey equipment and supplies. Charges are from "portal to portal". Stakes, pin flags and wooden laths will be invoiced at cost plus 10%. 2006 E.Broadway•Suite 105•Pearland,Texas 77581 Ph(281)485-3991•Fax(281)485-3998 E-mail:mdwilson@houston.rr.com March 26,2004 City of Pearland Mitigation For Pearland Parkway Instructions to Surveyor: 1. Set property boundaries of 17.138 Ac and 7.61 Ac mitigation sites. 2. Set boundaries of each sub-area within each of the two mitigation sites(see map). 3. Obtain topo of berm near clear creek, 1 ft contours. 4. Determine datum of flood monitoring or stream gauge data(maybe NAVD 88). 5. Prepare plan and section drawings illustrating the creek berm areas to be excavated to achieve elevations based on the datum used to collect stream flood stage data. 6. Map access from Beltway 8 to berm excavation area along Wayside right-of-way. 7. Coordinate with TX-DOT to determine limits,if any,on entering Beltway 8 from Wayside right-of-way (e.g.curb damage avoidance,flag men,signage,etc.). 8. Identify and map pipeline,utility and other structures and right-of-ways which must be avoided or considered. 9. Map rice field berms within the mitigation site. Prepare plan and typical cross-section views showing the excavation necessary to lower berms to the elevations of existing adjacent ground. 10. Map access from rice field berm lowering areas to Wayside right-of-way. 11. Obtain topo of entire mitigation site at 1-ft contours. 12. Obtain detailed topo of the two prairie wetlands to be excavated(CP&CP2,0.5 ft contour or a 20 ft grid). 13. Prepare plan and section views of created prairie wetland excavation areas(CP and CP2)per COE permits 22288 and 22288(01). 14. Map access route from created prairie wetlands to Wayside right-of-way. 15. Map disposal site(s)for placement of excavated material and brush removal debris. 16. Prior to pre-bid,stake all excavation work areas at the mitigation site(creek berm,rice field berms,created prairie wetlands,access routes,etc.). 17. Prepare all drawings for plans and specifications for excavation work. 18. Attend pre bid conference. 19. Re-stake work areas as need prior to and during construction and shoot spot elevations weekly during construction(approx. 30 days). 20. Conduct as-built survey and prepare as built drawings for all earthwork done. 21. Coordinate all of the above with Belaire Environmental,Inc.and the City. 22. Perform incidental surveying as required. • .«„� ,N ����'.' - ,k ,k ,,1 ""'d'r" r >� ' • '+` .:<R.c •' Cf'""J?"r' 7 s'-�� "4',' ''Y'>�g Y,t54'o 4.+z �,r F.4 Y ' 'k f . �•`t df}'s� , J � • Proposed M iti atm 3 dra t f r J W A � • F, f D ' T'4 V. J •VT I 7 ). J ` fminQ. � � C� . (� r ;M' h n B'(3i 9•Ao, Part of 5 270 Ae}' f- :. ;F ;t D,A 'Part of.;1 340.A ^y a z A " ,f� f=�•(60•Ac:Part of 1:340 Ac): �� ': wiraiiaai�rs�maaEiiaww�oisu��rriiiasi rzaisaea% • r �.2., f� • � iiisniei �n ewiiir�iiiiii rter=u or Y T V .•..: q-W**Amur"' uslust•ifJ[;<.EL!iTL rri ,•,-,••,' �t. 4 c xanharanvassesiran iiraxafi w� •...*.xfi, ,vaa�ono 4twa ems • , s hat 6i3e4i t Houn:2 M C,', e► 3tmit. as mauaianorto�ott,•' ,. , � CREPi mltRo7,. ,,,, , ' ,4X , . CP (418 Ae • - .-- . P�6Y94*'3-. +i9LG ustar[tora*.1 Uar,or. ....� Ftit. a • W' '. 6?'*�f cC -w•Q `j};,.. v�..` �A9�tethan'° .'wRcxtuamiws Lnm'[aRIAHJ.� * F �e°a�.,,. ,. . , V � . :' K f. • t lRl4D II#�CuB,!#i#l191i #i ii 4� • ®, q iaraiiniiii�#i iii y. na! ,, ' xt, , waste aairt situ . . �I3 :' 1. � . '+.� ' 1,x 7ltr;b`i:MtY�fOtiR"i9Y9 I mina! EF9�li= ^®i3 siti.Y i ,� a r RE3 (:t]7�Acmain ia�.i.. d�,4.A� `1 > B(1'97Ac Part`of,5'20`Ac) a, < . 1 r , 'VV. 043 Ac,Pad si . , '.rswiainira�ater' 1.if RE1 27 AG ' f. , .. �' r nit r t r .+ a ;of,1 77T Ac) I. . 's, a�r� 4xr�' -r`-'_T-'W1I I• �� r Ye k S N'\ • rr '` ''''w t>ts r a ,`{•-{ t ,' - `� '' ',r r ✓ At.( 734 Ac n RE 4' 1 273`�Kc .� Ittigatian Boundary for CF 0Q2 Ac,•Parl ot6 B52 puc' ,' A I o•rr /U r.107- }} y' OF( �r Jac �a/',{,^ p 4 t6TUT•0a l )♦"6 '':�ti4+.+lti'�'(....L. 111�,, '-.'fi11�4 LV C t�s ... », r Lynx amv x.+vaaY.,aww..zavR S J' rmitno- 2 88(01 ' ��: o. ice, .�I' ',� L -s1 .s-•-iN•t,-,, Y 'irx-. {h 70 11,, .`; . ' ..K{{'w ,Y � RED,(•1,•33c 1 . ' "en�� •"fit. } , A -�4}'YT '�.1+�-;-•3 ..; •r, * -8.: ht t+ t,t' G,CUI at 'tt�r •C C'E�'�lr�Ati t#« ,}� i� -. �,�, v• ,' ,,,-) SUN P../Lc.l ;�reper- Cprile i € va �da • , ;s y iri�j} 1 - w Flit It :f .,'l a ' N { <� ivt( {gat�4 , E autidr^ fur F�rrrrr{t�' ;`M .�A ;S. . Mitigation Qovnd,aryy for r �T1 I t iitl7l,C Prarie Buffer COE Perrr�itn:o 222$8; F, - °n (1 c°.,-ergo .c I". ., I;tprl:=trI r-rwest.Buffer J 1 • �1 k� 1 - ' E a r, �1' t( r tr l� • Violation Mit gat on' Total 7 61 Ac { g f �:r . rtlret•n#P't r tfta n L3r�,011 `i=�� �� {��} t t t?ngiril Mitigation- 17 138C ;�a :�ri F't tri �?� ti 'id �� r,`, +,f u X r J` Ltt} r J tr 11 c;: Y�,?�.r,`� 't - to r1 F!�rested fatett r�c F- r'f , , °, �.,,,, 4 _ Total t�li,tt at�t�r►, 24�48 i ' I.aik 1,4 !�}4 F . ' a 4. . Hpr 02 04 0E:20p Seth Gambi 11 1d611-rca-1,41• p.c $i Belaire Environmental, Inc. Planning • Permitting •Habitat Creation April 1,2004 • Mike Wilson • Wilson Surveying Group 2006 E.Broadway, Suite 103 • Pearland,TX 77581 Re: Response to Questions Regarding Surveying Instructions, City of Pearland Mitigation for Pearland Parkway Per our phone conversation,I have prepared and itemized list of responses to your questions. The items are listed below, followed by clarification. 4. Determine datum of flood monitoring or stream gauge data(maybe NAVD 88). Belaire Environmental,Inc. (BEI)will provide you with contact information for the agency that monitors stream levels. This agency should be able to specify what datum is used and whether any gauges exist in the area. 5. Prepare plan and section drawings illustrating the creek berm areas to be excavated to achieve elevations based on the datum used to collect stream flood stage data. Berm excavation will occur anywhere within the mitigation site where the berm is greater than+45 ft (unknown datum)in height. If the Wilson Group is not comfortable preparing plan and section drawings showing the proposedetcavatinn BEI will do it. However,the Survey Wilson Group will need to provide BEI with section drawing showing existing creek berm elevations for the entire • length of the berm within the mitigation site. 6. Map access from Beltway 8 to berm excavation area along Wayside right-of-way. The City of Pearland has this existing access route platted. CALAllaa Musiect°obtainaccess mute. location information 7. Coordinate with TX-DOT to determine limits, if any, on entering Beltway 8 from Wayside right-of- way(e.g.curb damage avoidance,flag men,sigcu!ge,etc.). The City of Pearland Engineer may perform this task. 9. Map rice field berms within the mitigation site. Prepare plan and typical cross-section views showing the excavation necessary to lower berms to the elevations of existing adjacent ground. The mitigation site cannot be mowed prior to surveying due to undesirable species requirements of permits 22288 and 22288(01). BEI will provide you with state plane coordinates(obtained from digital aerial photographs)of the rice berms if this would aid you in locating them. If the Wilson Survey Group cannot locate the rice berms due to heavy vegetative cover,BEI employees will perform the task. The Wilson Surveying Group will,however,need to obtain topography on these berms once they have been located Physical address: Mailing address: 361-729-2948 1802 Baywood Drive P.O.Box 741 Fax 361-729-2970 Rockport,TX 78382 Rockport,TX 78381 Email:estuary123@aol.com Apr 02 04 02:21p Seth Gambill I361.17EU-1441 p.� ti 10. Map access from rice field berm lowering areas to Wayside right-of-way. BEI will select this route in coordination with the Wilson Survey Group while in the field. The City engineer may need to obtain permission from utilities. 13. Prepare plan and section views of created prairie wetland excavation areas(CP and CP2)per COE permits 22288 and 22288(01). Sections shown at 20-fl intervals will suffice. The Wilson Group will need to provide BEI will these sections so that plan and sections drawings showing the proposed excavation can be prepared based on accurate sight topography. l4. Map access route from created prairie wetlands to Wayside right-of-way. BEI will select his route in coordination with the Wilson Survey Group while in the field. The City engineer may need to obtain permission from utilities. 15. Map disposal site(s)for placement of excavated material and brush removal debris. The disposal site(s)have not been mapped. BEI will perform this task in the field. 17. Prepare all drawings for plans and specifications for excavation work. BEI will perform this task if the Wilson Survey Group does not. However,BEI will use plats of site data provided by the Wilson Survey Group to prepare all drawings. Hopefully this letter clarifies any questions you have. If you need any additional information or have any more questions feel free to call me(361=729-1241)or Charlie Belaire(361-729-2970). Sincerely, ..4irfroid 401( _ Seth Gambill cc: Allan Mueller City of Pearland 3519 Liberty Drive Pearland,TX 77581 Charlie Belaire Belaire Environmental,Inc.