Loading...
R98-77 12-14-98RESOLUTION NO. R98-77 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 WALSH ENGINEERING, INC. FOR PRELIMINARY ENGINEERING, WETLAND DELINEATIONS, AND PLATTING TASKS WITHIN THE DAVID L. SMITH DETENTION FACILITY. 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 WalSh Engineering, 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 the original of the attached contract with Walsh Engineering, Inc., for and on behalf of the City of Pearland, for preliminary engineering, wetland delineations, and platting tasks within the David L. Smith Detention Facility. PASSED, APPROVED and ADOPTED this the l~~1~ ~)¢Ce,,m b6~- , day of A.D., 1998. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR ATTACHMENT "A" WALSH ENGIN RING, INC. i"') WILLIAM C.WALSH,P.E. Present 2010 E.Broadway,P.O.Box 760 OF PEARLAND PEARLAND,TEXAS 77588-0760 281/485.2404 January 2, 1998 SCHEDULE OF PER DIEM CHARGES Hourly Rates Principal of Firm $125.00 Senior Project Manager 95.00 to 105.00 Professional Engineer-Project Manager 65.00 to 75.00 Registered Professional Land Surveyor 55.00 to 65.00 Design Engineer 45.00 to 55.00 Sr. CADD Designer 45.00 to 55.00 CADD Operator 35.00 to 45.00 Resident Construction Inspector 50.00 Drafting, Computation 35.00 to 45.00 Clerical 40.00 to 45.00 Chief Surveyor 50.00 to 60.00 Survey Technician 40.00 to 50.00 Survey Party (includes equipment and supplies) 2-Man Survey Crew $75.00/HR 3-Man Survey Crew $87.50/HR 4-Man Survey Crew $100.00/HR Miscellaneous Charges Transportation by Company Vehicle - $0.31/mile Transportation by Commercial Carrier - Invoice + 10% Subcontractor and direct non-labor expense such as subsistence, telephone tolls, etc. - Invoice + 10% Reproduction work at prevailing commercial rates Appearance in court by Principal of Firm - $800/day or major fraction thereof Staff charges are based on the work time required and the salary cost of the employee engaged times a factor of 2.84. Salary cost is defined as the cost of base salaries chargeable to the Project, plus 29% for social security contributions, unemployment, excise and payroll taxes, medical and insurance benefits, sick leave, vacation, holiday benefits and like items. Management and clerical time for general supervision and administration is considered overhead. CONSULTING ENGINEERS HOUSTON • PEARLAND — CORRIGAN CONSULTING, INC. 1909 Capri Lane P.O. Box 99, Seabrook, Texas 77586-0099 December 8, 1998 (281) 474-7455 • Fax (281) 474-4501 Mr. Ron Bavarian, P. E. Walsh Engineering, Inc. P.O. Box 760 _ Pearland, Texas 77588-0760 Re: Wetland Delineation Universal Weather Project - Pearland, Texas CCI Proposal No.: 99PR-1119 Dear Mr. Bavarian: Corrigan Consulting, Inc. is pleased to propose our services to conduct a wetland delineation for the above-referenced property. Based on our meeting with the City of Pearland, the City is considering selling a 10-acre parcel out of the David L. Smith project. A previous wetlands delineation was conducted by Mr. Tony Vasquez and the wetland areas were surveyed by ¶alsh Surveying, Inc. There were 3.5 acres of wetlands identified in the area of the 10-acre parcel. Therefore, the City has requested assistance in obtaining a wetlands permit. In preparing this proposal, representatives of Corrigan Consulting, Inc. conducted a preliminary site visit on November 24, 1998 to verify the presence and the quality of the wetlands on the 10- acre parcel. Based on this preliminary site visit, there are wetlands present, including a green ash flats. This is considered a high quality wetlands which the U.S. Army Corps of Engineers (USACE) and the U.S. Fish & Wildlife Services (USFWS) have identified for protection and preservation. Therefore, it may be more expedient and cost-effective to modify the storm water detention basin configuration to maintain this area of wetlands. Based on this understanding, our approach for assisting the City includes conducting a wetlands delineation of all wetlands between Hall Road and Clear Creek (approximately 75 acres). This will include delineating all high-quality wetlands and delineating all other wetland areas within the 75-acreas. Based on this information, we can modify the storm water detention basin configuration to avoid the high quality wetlands and to allow for a 10-acre parcel which can be - developed for commercial use. The scope of work, schedule and estimated cost are detailed below. Item 1: Wetland Delineations The wetland delineations will be conducted according to the U.S. Army Corps of Engineers (USACE) guidelines as specified in the 1987 Corps Wetland Delineation Manual. As part of this, we will obtain and review available aerial photographs from the City and will obtain additional photographs only if necessary. The wetland delineations will be limited to the area west of(Hall Road and will include the 75-acre area between Hall Road and Clear Creek. During the field CORRIGAN CONSLJTING, INC. work, we will document wetland conditions with field data sheets and photographs. The wetland boundaries will be identified with flagged survey stakes. We understand that Walsh Survying, Inc. will survey the wetland areas and provide a map depicting the wetlands within the 75-acre area. Item 2: Develop Construction and Development Options Based on the wetland delineations, we will identify options for maintaining the high quality wetland areas, and allowing for commercial development of a 10-acre parcel. This may require modification of the current construction plans for the storm water detention basin. These options will then be prepared on maps which can be used to meet with you and the City and discuss the advantages and disadvantages of each option. Item 3: Develop Permitting Strategy and Meet with USACE Based on the option selected, a wetlands permit may be required. In order to obtain the permit, it appears at this time that a mitigation plan will be required. Therefore, the options for wetland mitigation, including use of the storm water detention basins, will be considered. An outline of these options will be prepared along with the advantages and disadvantages of each option. These options will be presented in a meeting with the City of Pearland in order to confirm the most advantageous strategy for the project. A meeting will then be scheduled with City of Pearland, and the USACE to present a brief description of the project and discuss the initial findings of the wetland delineation. Wetland data sheets, photographs, and an outline of the option for mitigation will be prepared and presented to the USACE during the meeting. The City of Pearland representatives will answer design and construction questions related to the project. Item 4: Permit Preparation and Coordination After the pre-application meeting with the USACE, the permit application pplrcatron will be prepared. The application will including the site map, wetlands delineation, alternative analysis and mitigation plan. The mitigation plan will include mitigation requirements with respect to total quantit I and quality of the wetland impacts. In preparing the mitigation plan, we will coordinate closely(with with the City of Pearland regarding the requirements for the storm water detention basin and the use of the detention basin for possible wetlands mitigation. After review by the City of Pearland, the application will be submitted to the USACE for review and comments. During the permitting process, the USACE will likely conduct a field verification of the wetlands delineation. Corrigan Consulting, Inc. will coordinate with them to be present during the field verification. We will also make routine calls to the USACE to followup and provide any additional information in a timely manner to expedite the permitting process. P.O. Box 99 • Seabrook, Texas 77586-0099 • (281) 474-7455 CORRIGAN CONS(j TING, INC. eAabi Schedule and Cost Corrigan Consulting, Inc. is prepared to begin work within two weeks upon receipt of a signed authorization form from Walsh Engineering, Inc. This project can be according to the following schedule and cost. Monthly invoices will be submitted and remittance will be due within 30 days of the date on the.invoice. Item Description Estimated Cost Schedule 1 Wetland Delineations 9,500 30 days 2 Develop Options&Meet with City 4,000 30 days 3 Develop Permit Strategy& Meet with USACE 6,000* 30 days 4 Permit Application& Coordination 10,00.0 -20,000* 30 - 60 days Total Estimated Cost $ 30,000 -40,000* 4-5 months Estimated Time to Obtain Permit after Submittal +6 months Total Estimated Time to Obtain Permit 10 - 11 months * These costs can be verified upon completing Items 1 and 2. We appreciate this opportunity to propose our services and look forward to working with you on this project. If there are any questions, please feel free to call me or Mr. Bill Curra, P.E., Sep 'or Project Manaager. Thank you. Sincerely, Gail A. Corrigan President GAC/mm Attachment (Prop/98PR-1119RUWalsh-COP-Wetlands Universal Weather Project) P.O. Box 99• Seabrook, Texas 77586-0099 • (281) 474-7455 Estimated Cost Wetlands Delineation Universal Weather Project, Pearland, Texas Item and Description Unit Cost Number Total Cost Wetland Delineation Mileage $0.35/mi 400 mi. $ 140 Film and development $25/roll 6 rolls 150 Field Scientist(aerial review) $50/hr 4 hrs 200 Field Scientists $50/hr 80 hrs . 4,000 (2 person team for 5 days, wetland delineation, data sheets,photographs) Senior Consultant $90/hr '24 hrs- 2,160 (field guidance,review data sheets and delineations) Senior Project Manager $100/hr 16 hrs 1,600 (Coord. with Walsh, COP, surveyors, and staff) Obtain and review aerials 800 Contingency(5%) 450 Subtotal $ 9,500 Construction/Development Options Mileage $0.35/mi 100 mi. $ 35 Field Scientist $50/hr 12 hrs 600 Project Engineer $65/hr 12 hrs 780 Senior Consultant $90/hr 12 hrs 1,080 Senior Project Manager $100/hr 12 hrs 1,200 Word Processing $35/hr 4 hrs 140 Contingency (5%) 185 Subtotal $ 3,900 Estimated Cost $ 13,500 • CORRIGAN CONSULTING, INC. — PROJECT AUTHORIZATION & AGREEMENT Client: Walsh Engineering,Inc. Project: Wetland Delineation - Location: Universal Weather Project,Pearland, Texas CCI Proposal No: 98PR-1119R1 This agreement provides authorization for Corrigan Consulting, Inc. to provide environmental consulting services to conduct a wetland delineation to support the Universal Weather Project in Pearland, Texas, according to the proposal dated December 8, 1998. Remittance will be due to Corrigan Consulting, Inc., P.O. Box 99, Seabrook, Harris County, Texas, within 30 days of the invoice date. For: Corrigan Consulting,Inc. By: Name: Gail A. Corrigan Title: President Telephone: 281/474-7455 Date: Le422_______ Authorized&Agreed: By: Name: Title: Telephone: Date: Address: CORRIGAN CONSULTING, INC. EXHIBIT „A" AGREEMENT FOR ENGINEERING SERVICES PUBLIC IMPROVEMENTS THE STATE OF.TEXAS§ - COUNTY OF BRAZORIA THIS AGREEMENT MADE, entered into and executed this the day of , 1998, by and between the City of Pearland, Texas, acting herein by and through its City Manager who is duly authorized so to act for and in behalf of said City, hereinafter called the "Owner" and Walsh Engineering, Inc., of Pearland, Texas, hereinafter called the "Engineer". WITNESSETH that whereas the Owner intends to conduct certain preliminary engineering, wetland delineations, and platting tasks for a 10-acre site within David L. Smith Detention Facility, designated as Universal Weather Development hereinafter called the "Project". NOW, THEREFORE, the Owner and the Engineer in consideration_of the mutual covenants and agreements herein contained do mutually agree as follows: SECTION I Employment of Engineer The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering and surveying services in connection with the Project as stated in the section to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Section to follow. SECTION II Character and Extent of Services The Engineer shall render the following professional services necessary for the development of the Project: 1. Attend preliminary conferences with the Owner to establish requirements for the Project and review available data. 2. Prepare a base map by utilizing the City's planimetric map of the area, the survey map of the David L. Smith Detention Facility site, and other available maps. i 3. Conduct wetland delineations for an area approximately 75 acres, develop options for the mitigation, develop permit strategy, and prepare and file application with the Corps of Engineers. (Special Services). See attached proposal from Corrigan Consulting for full details of this task. 4. Conduct the necessary field surveying to assist in wetland delineations. 5. Conduct the necessary field surveying, office computations, and mapping to prepare a plat of the 10-acre site for approval by the City. 6. Conduct the necessary preliminary engineering services to establish the right- of-way corridor for the future McHard Road and Pearland Parkway through the David L. Smith Detention Facility site, including a "roundabout' for the intersection of the above two roadways. . - SECTION III - Period of Service Upon authorization to proceed, the Engineer will proceed with the performance of the services called for in Section II of this agreement so as to deliver the wetland delineation report within 30 to 45 calendar days. Upon approval of the report, if Corps of Engineers permit is necessary, the application will be submitted within 60 calendar days after authorization to proceed with the application. The plat and preliminary McHard Road and Pearland Parkway right-of-way corridor map shall be submitted for review within 30 calendar days after completion and approval of the wetland delineation report by the City. This agreement shall remain in force for a period which may reasonably be required for the approval of the wetland mitigation by Corps of Engineers. SECTION IV - Coordination with the Owner The Engineer shall hold periodic meetings with the Owner, or his representatives, to the end of the project, as perfected, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with his current policies and construction standards. To implement this coordination, the Owner shall make available to the Engineer for use in planning the Project, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the Project. SECTION V - Fees On assignment of this type when exact scope of work is difficult to define and is subject to change as project develops, a cost and time (per diem) basis for compensations is usually the 2 i most realistic method of charging for the services. Only those costs actually incurred will be charged. At present we estimate the following not-to-exceed budgets for the project: 1. Preliminary Engineering to establish McHard Road and Pearland Parkway right-of-way corridor. (Budget) $12,000 • 2. Wetland delineation Report and C.O.E. Permit application processing plus 10%. (Budget) $44,000 3. Field Surveying & Platting (Budget) $15,000 Total Estimated Budget $71,000 The Engineers shall not exceed above charges without prior authorization from the Owner. Partial payment for Services shall be made based on Schedule of Per Diem Rates (Exhibit A) and will be in proportion to that part of the services which has been accomplished as evidenced by Engineer's monthly invoice. Reimbursable expenses and Subcontractor's works shall be billed to the Owner at the Engineer's cost plus 10% to cover the cost of accounting and administration. The Owner shall make prompt monthly payments in response to the Engineer's monthly statements. SECTION VI - Standards of Performance The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of Engineer's profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's serves. Engineer shall be responsible for the technical accuracy of its services and documents resulting therefrom,and Owner shall not be responsible for discovering deficiencies therein. Engineer shall - correct such deficiencies without additional compensation except to the extent such action is directly attributable to deviancies in Owner-furnished information. Engineer shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. Engineer shall serve as Owner's prime professional for the Project. Engineer may employ such Engineer's Consultants as Engineer deems necessary to assist in the performance or furnishing of the services. Engineer shall not be required to employ any Engineer's Consultant unacceptable to Engineer. 3 Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instruction, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. Owner shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to delay the services of Engineer. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer's having to certify, guarantee or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer's signing any such certification. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. SECTION VII - Revision to Drawings and'Specifications The Engineer will.make, without expense to the Owner, such revisions of the draft report and/or preliminary drawings as may be required to meet the needs of the Owner. After a definite plan has been approved by the Owner, if a decision is subsequently made which, for its propler execution involves extra services and expenses for changes in, or additions to the drawings, specifications, or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control or by the delinquency or insolvency of Contractors, the Engineer shall be compensated for such extra services as outlined in this agreement. Compensation for such extra services and expenses shall be as shown in "Exhibit A" (Schedule of Per Diem Charges) of this agreement. SECTION VIII - Ownership of Documents All documents, including original drawings, estimates, specifications,field notes,electronic files, and data are and remain the property of the Owner. The Engineer shall retain in his files reproducible copies of drawings, and copies of other documents, in consideration of which it is mutually agreed that the Engineer will use them solely in connection with the Project. • When transferring documents in electronic media format, Engineer makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by Engineer at the beginning of this Project. 4 If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. SECTION IX - Arbitration of Disputes Any controversy hereafter arising between Owner and Engineer in connection with this Agreement and any liability or claimed liability created hereunder or incident hereto or pertaining to the enforcement of any provision, condition or covenant contained herein shall be submitted to arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitration, which notice shall also contain the appointment of an arbitrator by the demanding party. The party receiving such notice of arbitration must, within five (5) days after receiving same, mail to the demanding party a notice of appointment of;a second arbitrator. Such'two arbitrators shall meet forthwith and agree in writing upon a third arbitrator, and shall immediately give the parties written notice of the third arbitrator]s appointment. If the party upon whom the demand for arbitration is served fails to give the demanding party the required notice of the appointment of the second arbitrator within the required five days, the demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten days from the date the second arbitrator was appointed, either party may apply to the court, under such Article 226, for the appointment of the third arbitrator. The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such award shall be governed by the Texas General Arbitration Act, Articles 224 through 238 i6, inclusive, Revised Statutes of 1925, as amended. This entire Section IX providing for arbitration shall survive the termination of this Agreement under any of its provisions, and any controversy between Owner and Engineer existing when the Agreement terminates shall continue to be subject to arbitration hereunder. SECTION X -Termination Either party to this Agreement may terminate the Agreement by giving to the other thirty days notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall 5 • then pay the Engineer promptly that portion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed Designs, Plans and Specifications prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restriction, as to their use, as set forth in Section VIII. SECTION XI -Successors and Assignment The Owner and the Engineer each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement; except as above neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. SECTION XII - Insurance and Indemnification The Engineer shall carry insurance with responsible underwriters acceptable to the Owner and with minimum limits of liability, as stated below, against claims for damages caused by bodily injury, including death, to employees and third parties, claims for property damage; and claims arising out of the performance of professional services caused by any of his own errors, omissions or negligent acts, or the errors, omissions or negligent acts of any person and/or consultant employed by him or by others for which he is legally liable. The Engineer shall furnish certificates of insurance to the Owner indicating compliance with this Paragraph. Type of Coverage Minimum Limit of Liability • 1. Worker's Compensation $1,000,000 each accident Statutory and Employer's Liability 2. General Liability: comprehensive, contractual, independent contractors, personal injury A. Bodily injury $1,000,000 each person $1,000,000 each occurrence B. Property Damage $1,000,000 each person $1,000,000 each occurrence 6 3. Automobile Liability: comprehensive, owned, hired, non-owned A. Bodily injury $500,000 each person $500,000 each occurrence B. Property Damage $100,000 each occurrence 4. Professional Liability: $1,000,000 errors and omissions Annual Claims Made The Engineer shall submit evidence at the time of execution of this Agreement that it has in full force and effect professional liability-errors and omissions insurance. The Engineer shall' maintain such insurance in full force and effect throughout the duration of this Agreement and thereafter for a period of three years. In the event that it becomes commercially infeasible to maintain it during the period required by this Agreement, the Engineer shall supply the Owner with equivalent assurance to the required insurance acceptable to the Owner. The Engineer shall furnish evidence to the Owner of insurance in the form of certificates from insurance concerns acceptable to the Owner. Such certificates shall indicate an agreement by each carrier not to cancel or significantly diminish coverage without thirty days written notice to the Owner. In the event there is a deductible on any policy the Engineer shall furnish evidence that it is able to satisfy the deductible. To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, Owner's officers, directors, partners, and employees from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of Engineer or Engineer's officers, directors; partners, employees, and Engineer's Consultants in the performance and furnishing of Engineer's services under this Agreement. To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer, Engineer's Consultants from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of Owner or Owner's officers, directors, partners, employees, and Owner's consultants with respect to this Agreement or the Project. To the fullest extent permitted by law, Engineer's total liability to Owner and anyone claiming by, through, or under Owner for any cost, loss, or damages caused in part by the negligence of Engineer and in part by the negligence of Owner or any other negligent entity or individual, shall not exceed the percentage share that Engineer's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. 7 E\ 1 IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named Engineers by one of them signing for them all, and has been executed on behalf of the Owner, in duplicate counterparts each of equal force, on the day and year first above written. WALSH ENGINEERING, INC. Consulting Engineers William C. Walsh, P.E. President OWNER CITY OF PEARLAND /eze./1--c)A-C— City Manager 1 c:1W PD OCS1MykawaAgreement2 8