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.
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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.
•
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70
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,' ,,,-)
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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, -
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I". ., I;tprl:=trI r-rwest.Buffer J 1 • �1 k�
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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;:
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' I.aik 1,4
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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.