R2007-137 2007-08-27
RESOLUTION NO. R2007 -137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT FOR ENVIRONMENTAL SERVICES
ASSOCIATED WITH THE BARRY ROSE EXTENSION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for environmental services associated with the
Barry Rose Extension Project, a copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for environmental services associated with the
Barry Rose Extension Project.
PASSED, APPROVED and ADOPTED this the 2yth day of August, A.D., 2007.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit" A"
Resolution No. R2007-137
07 -0057 - T70022
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on August 27 , 2007 by and between the
City of Pearland ("CITY") and Crouch Environmental Services, Inc. ("CONSULTANT").
The CITY engages the CONSULTANT to perform Environment Services on the Barry Rose
Road Improvement Project (Project #T70022).
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 CONSULT ANT shall perform environmental services. See Exhibit A-I,
attached, for a detailed SCOPE OF WORK and PROJECT schedule. The
PROJECT schedule shall be submitted in digital and hard copy form in the
Microsoft Project for Windows format.
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 shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TlF format.
E. The CONSULT ANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULT ANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
F. The CONSULT ANT 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
CO NS UL T ANT, 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 anyone 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 anyone 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.
G. 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.
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H. All parties intend that the CONSULT ANT, 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 in 90 Calendar Days.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is a Lump Sum contract. Total
compensation for the services performed shall be the sum of $35,390.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULT ANT
C. The CITY shall make payments to the CONSULT ANT 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 CONSULT ANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULT ANT'S work shall not relieve
CONSULT ANT'S responsibility for errors or omissions of the CONSULT ANT or
its sub-consultant(s) or in any way affect the CONSULTANT'S status as an
independent contractor of the CITY.
SECTION V - TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason -
- with or without cause -- by delivering written notice to CONSULT ANT
personally or by certified mail at 402 Teetshorn Street, Houston, Texas 77009.
Immediately after receiving such written notice, the CONSULT ANT shall
discontinue providing the services under this CONTRACT.
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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 CONS UL T ANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15th day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULT ANT 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 CONSULT ANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and/or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and/or action. CONSULT ANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI - ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULT ANT
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.
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SECTION VII - COVENANT AGAINST CONTINGENT FEES
The CONSULT ANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULT ANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 27th day of August
,2007.
CIT~D'~ II
Bjll E~CjtY Manager Au ~t 27,2007
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CROUCH lIiENVIRONMENTAL
.". SERVICES, INC.
402 T eetshorn Street
Houston, TX 77009
August 21, 2007
Mr. Skipper Jones
Project Manager
City of Pearland
3519 Liberty Drive
Pearland,Texas77581
RE: Additional Environmental Services
Barry Road Improvement Project
ST -0106
Dear Mr. Jones:
Thank you for requesting that Crouch Environmental Services, Inc. (CESI) submit a proposal to
provide additional services for the proposed Barry Road Improvement project in Pearland, Texas.
The following is CESI's scope of work and cost proposal.
SCOPE OF WORK
Forensic Wetlands Delineation
CESI will perform a forensic wetlands delineation to identify the location and size of the impacted
wetland. CESI will use historical aerial photographs, topographic maps, National Wetlands
Inventory (NWI) maps, and soil data to delineate the impacted wetland. This information will be
used by the USACE as part of their Section 404 Clean Water Act (CWA) violation investigation (1-
5293).
After authorization, CESI anticipates completing this task in two to four weeks. CESI will provide
two unbound copies of the draft Forensic Wetlands Delineation report to the City of Pearland. After
review and comments by the City of Pearland are incorporated, two corrected and bound copies
will be re-submitted. A copy of this report will be sent to the USACE for their investigation files.
Mitigation Plan
CESI will develop a mitigation plan to compensate for wetland function losses associated with the
violation. This plan will incorporate input from City of Pearland in selecting the mitigation site and
designing the mitigation project. CESI will discuss the exact location (s), site design, plant species
to be used, and the maintenance and monitoring of the mitigation site. CESI will use Interim HGM
to ensure that the function of the mitigation site will compensate for the function of the impacted
wetland.
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The mitigation plan is dependent on findings from the forensic wetlands delineation and CESI
anticipates completing a draft mitigation plan in one to two months. CESI will provide two unbound
copies of the draft Mitigation Plan to the City of Pearland. After review and comments by the City
of Pearland are incorporated, two corrected and bound copies will be re-submitted.
Habitat Analvsis
CESI will use the Interim HGM Model to determine historical functions of the impacted wetland and
the as-built function of a mitigation site. This model is based on three fundamental factors that
influence wetland functions: landscape position (geomorphic setting), water source (hydrology),
and the flow and fluctuation of the water in the wetland (hydrodynamics).
The habitat analysis will include field investigations at the project and mitigation sites to collect data
and office analysis of that data using the Interim HGM model. After authorization, CESI anticipates
completing the project site interim HGM analysis in three to four weeks. After authorization and
development of the mitigation plan, CESI anticipates completing the mitigation site interim HGM
analysis in three to five weeks.
After-the-Fact Permit Application
CESI, with approval from the USACE, will submit an after-the-fact permit for impacted wetlands.
The after-the-fact permit application will include forensic wetlands delineation information and a
description of the violation impacts.
Before processing this type of permit application, the USACE requires a signed '10lling agreement"
from the City of Pearland. The tolling agreement temporarily suspends the statute of limitations for
legal enforcement of the alleged violation by the USACE. The agreement also restricts transfer of
property without notice to the USACE and provides an opportunity for the Corps' objection.
An after-the-fact permit application will automatically require a Texas Commission of Environmental
Quality (TCEQ) Tier II 401 Certification Questionnaire. This will provide information to the TCEQ
regarding the prevention of water quality degradation. This questionnaire will incorporate input
from City of Pearland regarding water quality controls during and after project construction.
A Public Notice will be issued by the USACE to solicit public comments for the after-the-fact permit
application. CESI proposes to complete a Draft Public Notice for use by the USACE to decrease
permit processing time. This will include a word document with information related to project
purpose, need, and effects for submittal to the USACE.
After authorization, CESI anticipates completing a draft permit application in two to three months.
CESI will provide two unbound copies of the permit application packet to the City of Pearland. The
permit packet will include USACE forms, TCEQ forms, public notice data, and the mitigation plan.
After review and comments by the City of Pearland are incorporated, two corrected copies will be
re-submitted to the City of Pearland. One copy of this permit packet will be sent to the USACE.
LUMP SUM COST PROPOSAL
The following table provides a Lump Sum cost for the proposed project:
Task Lump Sum Cost
Forensic Wetlands Delineation $5,240.00
Mitigation Plan $4,290.00
Habitat Analysis $11,700.00
USACE After-the-Fact Permit Application $14,160.00
TOTAL $35,390.00
The information prepared under this Scope of Work will be for the exclusive reliance of City of
Pearland, Texas. CESI can commence work on this project with written authorization to proceed
from the City of Pearland. Attached please find a flowchart of the Scope of Work.
Please let me know if you have jy questions regarding this proposal, and I look forward to
work..iinn~g . you on t~iS project. /
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