R2003-0188 12-08-03 RESOLUTION NO. R2003-188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN ENGINEERING CONTRACT WITH BERG OLIVER FOR
WETLANDS RESTORATION SERVICES ASSOCIATED WITH THE
PEARLAND PARKWAY 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 Berg
Oliver, 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 Berg Oliver, for wetlands restoration
services associated with the Pearland Parkway Project.
PASSED, APPROVED and ADOPTED this the 8th dayof December' ,
A.D.,2003.
ATTEST:
/TY S~ETAR~ ~'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2003-188
CITY OF PEARLAND
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter"City"), and Berg-Oliver Associates, 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: Restoration and monitoring for 1.89 acres on Pearland
Parkway at Clear Creek.
Consultant/Subconsultant(s) Fee Basis of Compensation
Berg Oliver $40,750 Lump Sum
Maximum Contract Amount $40,750
* 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.
Completion of Task I: 60 Days
Attachments: Scope of Services and schedule- Exhibit A
2. Services and Payment.
A. Consultant will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Consultant shall be
due and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Consultant shall specify the basis of
compensation in the scope of work for the project. The Consultant shall provide
adequate detail of the basis of compensation so that the City can determine the
reasonableness of the fees and have the ability to make reasonable progress payments
to the Consultant based upon work completed at the payment intervals. The Consultant
shall subcontract for all subconsultants, subject to City approval, necessary to complete
the scope of work. The subconsultant's fees and administrative mark-up, if any, shall
be included in the scope of work. Unless otherwise agreed upon, the method of
compensation shall be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Consultant's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Consultant for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Consultant shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Consultant shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Consultant.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or studies and for basic services with limited scope and
complexity.
If City fails to make any payment due Consultant for services and expenses within
thirty (30) days after receipt and approval of Consultant's statement for services
therefore, the amounts due Consultant will be increased at the rate of one percent (1%)
per month from said thirtieth (30th) day, and, in addition, Consultant may, after giving
seven (7) days' written notice to City, suspend services under this Contract until
Consultant has been paid in full, all amounts due for services, expenses, and charges.
B. All the Consultant's working drawings, plans, and specifications, if required
under this Contract, shall be sufficiently accurate, detailed, and complete so that
competitive bids for the work can be obtained and the improvements constructed.
C. Approval of the Consultant's work by the City shall not release the Consultant,
its employees, agents, or consultants, from the responsibility and liability for the
accuracy and competency of their designs, working drawings, and specifications, or
other documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Consultant shall promptly
correct errors in the Consultant's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Consultant shall prepare a project
schedule identified as an attachment to this agreement and submit it for review within
15 calendar days after receiving a Notice-to-Proceed. The Project Schedule shall be
submitted in digital and paper form, in the Microsoft Project for Windows format. The
Project Schedule shall contain a complete schedule so that the Consultant's scope of
services under this contract can be accomplished within the specified time and contract
cost. The Project Schedule will provide specific work sequence and definite review
times by the City and the Consultant of the work performed. If the review time should
take longer than shown on the project schedule, through no fault of the Consultant,
additional contract time may be authorized by the City through a supplemental
agreement, if requested by a timely written request from the Consultant and approved
by the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Consultant.
The City may terminate this Contract at any time during its term by giving written notice
to Consultant. The City shall pay the Consultant for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Consultant's cost of, or the time required for, the performance
of any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Consultant is 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
who obtained said documents from City without written verification or adaptation by
Consultant will be at City's sole risk and without liability or legal exposure to Consultant,
or to Consultant's independent associates or consultants, and City shall indemnify and
hold harmless Engineer and Engineer's independent associates from all claims,
damages, losses, and expenses including attorneys' fees arising out of or resulting
therefrom. Any such verification or adaptation will entitle Consultant to further
reasonable compensation. Consultant may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Consultant's other activities. Any reuse by Consultant will be at Consultant's sole risk
and without liability or legal exposure to City, and Consultant shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Consultant, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4)
Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Consultant shall include the City as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to the
City before work commences. Each insurance policy shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City. Upon request, certified copies of all insurance
policies shall be furnished to the City.
8. Indemnity. Consultant shall indemnify and hold the City, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every kind for
which Consultant is legally liable, including all expenses of litigation, court costs, and
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 Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract between the City and
the Consultant and supersedes all prior negotiations, representations, or contracts,
either written or oral. This Contract may be amended only by written instrument signed
by both parties. Purchase orders issued under this Agreement shall contain a
statement nullifying additional terms and conditions on the reverse side of the purchase
order and referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
13. Dispute Resolution Procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the 8th day of December ,20 03 .
CITY OF PEARLAND
Bill Eisen
City Manager
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STATE OF TEXAS
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GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
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BERG · OLIVER ASSOCIATES, INC.
Environmental Science, Engineering & Land Use Consultants
14701 St. Mary's Lane, Suite 400
Houston, Texas 77079
(281) 589-0898 fax: (281) 589-0007
June 11,2003
Mr. Alan Mueller
Deputy City Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Proposal for mitigation restoration and monitoring for the approximate 1.89-acres, located
on Pearland Parkway at Clear Creek, in Harris and Brazoria Counties, Texas.
BOA Proposal Number: 4426ESPR
Dear Mr. Mueller,
Thank you for considering Berg, Oliver Associates, Inc. for your environmental services. Our firm
is quite interested in providing the mitigation restoration and monitoring for services for the
approximate 1.89-acres located on Pearland Parkway at Clear Creek, in Harris and Brazoria
Counties, Texas. We will provide timely service and will begin our work upon the acceptance and
execution of this proposal by the City of Pearland.
TASK I
MITIGATION RESTORATION
This proposal is based upon the restoration of 1.89 acres of wetlands. In order to restore the
wetlands to fimctioning environment, all tallow growth will first be eradicated. The ground will
then be prepared, and approximately 10,250 plants will be placed on 3' centers. The costs below
are based upon the above acreage and number of plants. Additional work beyond what is stated
above will require a change order and will not be performed without prior agreement of the
additional cost to be incurred by the client.
The mitigation restoration project is divided into the following cost items:
Berg, Oliver Associates, Inc.
BOA project number 4426ESPR
MITIGATION RESTORATION COSTS:
ITEM PRICE
Tallow Eradication $3,500.00
Ground Preparation
10,250 Plants on 3' centers
$3,000.00
$16,250.00
Project Oversight $3,800.00
Total Turn-Key Restoration Cost = $26,250.00
Restoration of the wetlands will begin after this proposal is executed and returned and the
contractor has removed all fill material within the wetland areas and the ground surface area has
been retained to previously existing contours.
TASK II
MONITORING~ MAINTENANCE AND REPORTING:
Maintenance consists of keeping the constructed wetlands free of noxious invasive species as
defined in the permit, along with maintaining hydrological structures and planting if necessary.
Monitoring consists of biologic assessments of the progress of wetland development and vegetative
succession.
ITEM
Annual Tallow Eradication
Annual Maintenance,
Monitoring and Reporting
QUANTITY
1 per year for 5 years
1 per year for 5 years
PRICE
$ 2,500.00 per year.
$ 900.00 per year
Total Cost for Tallow Eradication, Monitoring, Maintenance, and Reporting = $14,500.00'
Tallow Eradication, Maintenance, Monitoring & Reporting will be invoiced at the time the services
are performed and will be accompanied by a copy of the monitoring report submitted to the Corps
of Engineers.
PROJECT SCHEDULE
Task I will be completed within sixty (60) calendar days. Task II will be completed on the schedule
described above. The project completion schedule is the goal of all parties; it does not, however,
reflect unusual delays due to forces beyond the control of Berg, Oliver Associates, Inc., such as
inclement weather, and/or modifications to the scope of work based upon actual findings or upon
additional requests by the City of Pearland.
Berg, Oliver Associates, Inc.
BOA project number 4426ESPR
BASIC COMPENSATION AND METHOD OF PAYMENT
Berg, Oliver Associates, Inc. proposes to provide the environmental services described above to
the City of Pearland for the following amounts:
Task I: MITIGATION RESTORATION $26,250.00
Task II: MONITORING, MAINTENANCE, AND REPORTING $14,500.00
TOTAL: $40,750.00
Berg,Oliver Associates, Inc. will begin the work described herein upon the execution of this
proposal by the client. The above lump sum amounts will be billed upon completion of the work.
Payment will be due within thirty (30) days from receipt of invoice submitted by Berg,Oliver
Associates, Inc. If invoice is not paid in full in thirty (30) days, interest will accrue at 1.5%
per month (18% per annum).
CONFIDENTIALITY OF ASSESSMENT
The Mitigation Restoration and all related work and services of Berg,Oliver are confidential
unless otherwise stated. Berg, Oliver is hereby employed by the City of Pearland and as such all
reports, findings, correspondence, and work product, written or oral, which relate to this work are
strictly confidential and privileged between Berg,Oliver and the City of Pearland. Berg,Oliver
will share any findings only upon receipt of a request from the City of Pearland to discuss or offer
the results of this study to a third party. Confidential client files will be retained for three (3) years
in secure file cabinets maintained by Berg, Oliver.
Berg, Oliver Associates, Inc.
BOA project number 4426ESPR
AGREEMENT ACCEPTANCE AND EXECUTION
Acceptance of this proposal will be indicated by the signatures below and will serve as
authorization to proceed with work proposed herein. The signatory below also represents that the
client has, or has secured, the authority to grant permission for Berg,Oliver Associates, Inc.
personnel to enter the subject property as necessary to conduct these assessments and that such
permission is granted to Berg,Oliver Associates, Inc., Inc. by the execution of this
agreement/proposal. If the client is a Corporation or a Partnership, then the signature below will
also represent the personal guarantee of the individual signing on behalf of the Client.
IN WITNESS HEREOF, the City of Pearland. and Berg, Oliver Associates, Inc. have accepted this
proposal and executed this Agreement for Environmental Services on this the day of
,2003.
CITY OF PEARLAND.
By:
Authorized Signature
BERG, OLIVER ASSOCIATES, INC.
David Sherfill
Senior Associate
Berg, Oliver Associates, Inc.
BOA project number 4426ESPR