R2001-0135 10-08-01 RESOLUTION NO. R2001-135
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 CORRIGAN
CONSULTING, INC. FOR ENGINEERING SERVICES ASSOCIATED WITH
THE PEARLAND PARKWAY WETLANDS PERMIT.
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
Corrigan Consulting, 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 a contract with Corrigan Consulting, Inc. for engineering
services associated with the Pearland Parkway wetlands permit.
PASSED, APPROVED and ADOPTED thisthe 8 dayof October .,
MAYOR
ATTEST:
~TY SEO~ETAR~/ ~'
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200'1-'135
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter the
"City"), and Corrigan Consulting, Inc. (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced
documents shall be a part of this Contract:
Consultant: Corrigan Consulting ,Inc.
Description of Services: Corp of Engineers Wetlands Permit
Maximum Contract Amount: $73,000
Contract Begins: Upon Execution
Contract Ends: Upon Termination
Attachments: September 28, 2001, Proposal
2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be due and payable upon submission of a statement of services to the
City. Statements for services shall not be submitted more frequently than monthly.
3. Term and Termination. This Contract term will begin upon execution by both
parties. Either party may terminate this Contract at any time provided that the
terminating party gives 60 days' advance notice to the other party via certified mail to
that party's last known address. The City shall pay the Consultant for all services
rendered to the date of termination.
4. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers,
agents, and employees, harmless from any claim, loss, damage, suit, and liability of
every kind, including all expenses of litigation, court costs, and attorney's fees, for injury
to or death of any person, or for damage to any property, arising from or caused by any
act or omission of Consultant, its officers, employees, agents, or subcontractors, in
performing its obligations under this Contract.
5. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
6. 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.
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. 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.
9. Entire Agreement. This Contract represents the entire agreement 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.
10. 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.
2
EXECUTED and EFFECTIVE this the 8 day of October ,2001.
ATTEST: CITY OF PEARLAND
~__~s~LcO - a~//" ~ 0 (~ iiltlyEl~lsaenna g e r
APPROVED AS TO FORM:
Darrin M. Coker
City A~orney ~0~,~ ~~/~ ~.
, CONSULTANT
STATE OF TEXAS §
COUNTY OF ~f*=o f;~ §
~ BEFORE ME, the undersigned Notary Public, on this day personally appeared
;// ~J¢;$~.,,. , 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., 2001.
C IN AND FOR THE
STATE OF TEXAS
~~"'.~_.~._'~_1 P rintedName: ?~,,,'/,~-
~{~[,~.'~ Notary Public, State Of Texas ~
o,~[,~J~] My Commission Expires: ,~
,~ APRIL 2, 2005 ~ ·
~---~.,:,.~.~.~.~.~.~.~.'.,:,:~.~=,.~.~.~..~ My Commission Explres:..~o~*, j
STATE Of TEXAS §
COUNTY Of ~L ~ §
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.
MY HAND AND SEA, OF OFF,CE THIS DAY OF
~. , A.D., 2001.
NOTARY PUBLIC IN AND FOR THE "
!]~. ,uo,....o.~o II STATE OF TEXAS
Printed Name: ~'Oi~iTH. ~r.
AUGUST 2, 2005
My Commission Expires:~~
4
1909 Capri Lane
P.O. Box 99, Seabrook, Texas 77586-0099
(281) 474-7455 * Fax (281) 474-4501 SePtember 28, 2001
Mr. Alan Mueller
City of Pearland
3519 Liberty Drive
Pearland', Texas 77581
Re: Additional Scope of Work USACE Individual Permit Completion
Pearland Parkway Expansion Project
Pearland, Texas
CCI Proposal Number: 01PR-1058
Dear Mr. Mueller:
Corrigan Consulting, Inc. (CCI) appreciates the oppormrdty to provide a cost estimate to
address additional items associated with the above referenced project. We have completed the
wetlands permitting according to our contractual scope of work, but scope changes were
identified during the U.S. Army Corp of Engineers (USACE) meeting on July 18, 2001. The
scope of services and estimated cost to complete the additional work is detailed below and in
Attachment A.
Item 1: Detailed Mitigation Plan and Water Budget
The CCI project manager will coordinate with Belaire Environmental, Inc. (BED to complete a
detailed mitigation plan and water budget for the Pearland Parkway project. CCI will obtain
the following data: (a) Pearland rainfall data, (b) Clear Creek stream gauge data, (e) evapo-
transpiration rates, (d) aerial photographs of the impact and mitigation sites, (e) soil
permeability data, and (f) wetland delineation reports for the impact and mitigations sites and a
project history. CCI will conduct a site visit to the mitigation area with BEI. Details in the
mitigation plan will include those items outlined during the USACE meeting on July 18, 2001
and will include input from the City of Pearland (COP), as needed.
After reviewing and researching comments and after receipt of data (a) - (f), BEI will make a
site visit to evaluate responses to various comments. After the initial site, BEI will analyze all
available water budget data, select a methodology, and identify any additional data needs.
During this process, BEI will coordinate with the USACE to obtain assurances that the v~ater
budget approach will satisfy their needs. At this time, BEI proposes to take a common sense
approach to the water budget rather than any sophisticated computer modeling or complex
methodologies. After collection and analysis of any additional data, BEI will prepare a water
budget report. BEI will evaluate the mitigation site in regards to water budget and detailed
mitigation plan issues. Based in part on the findings of the water budget analysis, BEI will
prepare a detailed mitigation plan for the proposed site. This may entail some modifications of
the site to enhance hydrology, as well as enlargement of the site. BEI will coordinate this plan
with the USACE to assure that it satisfies their needs.
The mitigation plan will be provided to the COP for review before submitting to the final
document to the USACE.
If inadequate data are available to perform the water budget or the water budget results show
that the hydrology of this site is inadequate to meet the wetland criteria of 45- 90 days of soil
saturation or inundation, then an additional scope of work would be required in order to
locate another suitable mitigation site. If the hydrology is not me~ delays on the project may
occur until another site is found, as other tasks cannot be completed until the mitigation site
is established
If the current mitigation site needs to be expanded, additional wetland delineations in the
expanded areas may be required and can be completed as an additional scope of worl~
Item 2: Obtaining Information and Preparing Responses to Public Comments
CCI will finalize the responses to the public comments. BEI will assist CCI in addressing the
comments pertaining to the mitigation plan.' CCI will obtain a detailed summary of the
floodplain impacts and proposed mitigation including details from the hydraulic study from
WFN and/or the COP. CCI will provide the draft responses to the COP for comment before
submitting to the USACE.
CCI will draft a revised alternatives analysis based on the information discussed in the USACE
meeting on July I8, 2001 and the current EA document. CCI will incorporate information
fi:om the Area Access and Conidor Study (November 2000) prepared by Lockwood, Andrews
and Newnam, Inc. (LAN). A copy of the completed alternatives analysis will be provided to
the COP for review prior to submitting the document to the USACE.
CCI will revise the text, drawings, and maps from the public notice package as outlined by the
USACE during the meeting on July 18, 2001. The document will be submitted to the USACE
upon completion. CCI will coordinate with the COP and WFN to obtain additional
information, as needed. In addition, CCI will obtain background information and maps from
the COP and/or WFN pertaining to existing and proposed detention basins near the proposed
roadway. As discussed in the USACE meeting on July 18, 2001, CCI will prepare a map based
on this information received from WFN and COP which details the planned locations of the
basins, acre-feet of storage, purpose (mitigation, floodplain storage, are they associated with a
particular project or for preventive measures), layout and relationship to each other, and any
USACE permits received in the past for existing structures or structures in progress.
It must be determined if the wetland delineation for these detention basins was verified by the
USACE. CCI will research the wetland delineation and permitting for the detention basins
associated with the Pearland Parkway project (East Pond and Southwest Pond). We will
coordinate with the USACE to obtain the delineation verifications.
P.O. Box 99 * Seabrook, Texas 77586.0099 · (281) 474-7455
Item 3: Mitigation Site Visit with Resource Agencies
The USACE will schedule a site visit to the project site and mitigation area with the
commenting resource agencies, BEI, and CCI. The purpose of this effort will be an attempt to
satisfy the agencies concerns over the suitability of the mitigation site and mitigation plan.
Any additional meetings or site visits would require an additional scope of work.
Item 4: Draft Responses to USACE Comments
CCI will finalize responses to the formal USACE comments upon receipt. BEI will assist CCI
in addressing any comments pertaining to the mitigation plan. CCI will coordinate with WFN
and the COP to obtain any additional information as needed. CCI will provide the draft
responses to the COP for comment before submitting to the USACE.
Item 5: Coordination with USACE, TNRCC, COP, BEI, and Beazer Homes
The CCI project manager will coordinate with the USACE on a regular basis to track the permit
progress. CCI will assist the USACE by providing requested information in a timely mariner
and drafting document information for the USACE Record of Decision, as needed/requested by
the USACE in order to expedite the permitting process. In addition, CCI will coordinate with
the COP, BEI, and Texas Natural Resources Conservation Commission (TNRCC) to track the
permit progress, coordinate and attend meetings and teleennferences, and provide information
as requested to ensure the permitting process remains on track. CCI will coordinate with
Beazer Homes when requested by the COP.
Schedule and Cost
We are prepared to begin work on this project upon receiving a signed Authorization Form
from the COP. The above referenced Items will be addressed simultaneously when possible;
however, Item 1 must be completed before most of the remaining Items can be fully addressed.
In addition, information and input from the COP, WFN, BEI, and the USACE will be necessary
throughout the permitting process. It will be necessary for everyone involved to provide the
requested information in timely manner. The expected completion date is on or before
November 30, 2001; however, delays may occur if additional coordination time is required.
P.O. Box 99 * Seabrook, Texas 77586-0099 · (281) 474-7455
The estimated cost to complete this work ii outlined in Attachment A. Monthly invoices will
be submitted based on actual cost but will not exceed the estimated total without prior
authorization. Remittance will be due within 30 days of the date on the invoice. We appreciate
the opportunity to be of assistance to the City of Pearland. If you have any questions please
feel free to call me or Ms. Heather A. Bolte, Project Biologist, at (281) 474-7455.
Sincerely,
President
HAB/GAC/jm
Enclosure
(CCI/Proposoals/2001-1058/COP)
P.O. Box 99 * Seabrook, Texas 77586-0099 · (281) 474-7455
CORRIGAN CONSULTING, INC.
>
P.O. Box 99 · Seabrook, Texas 77~86-0099 · (28~) 474-7455