R2004-053 04-12-04
RESOLUTION NO. R2004-53
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
ASSOCIATES, INC. FOR ENVIRONMENTAL ASSESSMENT AND SITE
PLANNING SERVICES ASSOCIATED WITH CITY OWNED PROPERTY.
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 Associates, 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 Berg-Oliver Associates, Inc., for
environmental assessment and site planning services associated with City owned property.
PASSED, APPROVED and ADOPTED this the 12th day of Apri 1
A.D., 2004.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRI N M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2004-53
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: Phase I environmental assessment, wetlands delineation,
and mitigation/site planning for the 147-acre BW 8 City of Pearland property.
Fee
$12,150
$6,600
$11,400
Maximum Contract Amount $30,150
* 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.
Basis of Com ensation
Lum Sum
Houri Reimburseable
Lum Sum
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Delivery of report:
60 days (but subject to Corps of Engineers schedules for
Tasks III and IV)
Attachments: Scope of Services - Exhibit A
Project 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-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
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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 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.
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. Assiqnment. 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.
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EXECUTED and EFFECTIVE as of the ~day of /i ,'. , /
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CITY OF PEARLAND
Bill~
City Manager
Berg-Oliver Associates, Inc.
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By:
Printed Name:
Title: ~ MI-",
STATE OF TEXAS
COUNTY OF 7)...
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....., BEF.ORE ME, the undersigned Notary Public, on this day personally appeared
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foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
GIVEN
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UNDER MY HAND AND SEAL OF OFFICE THIS
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My Commission Expires:
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STATE OF TEXAS
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BEFORE ME" the undersigned Notary Public, on this day personally appeared
. i~Y'fJ . '7:--1--'.d l , 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.
/ GIVt=N UNDER MY HAND AND SEAL OF OFFICE THIS
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. /.' DAY OF
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Printed Name:
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+iJ��r�VV•t 1L.4d L010107GGGf bth:l7 ULiJL Ab PAGE 01
BERG+ OLWER ASSOCIATES, INC.
Environmental Engineering, Science and Land Use Consultants
14701 St. Mary's Lane, Suite 400
Houston, Texas 77079
(281) 589-0898
(fax) 589-0007
FAX MEMORANDUM
TO:Alan Mueller FROM: David Sherrill --_-
FAX NUMBER:281-652-1708 ` FAX NUMBER:(281)589-0007
RE: City of Pearland NO. OF PAGES: (incl.cover) l 0
SUBJECT:Environmental Services Proposal DATE:January 5,2004
Dear Mr.Mueller,
Attached is our proposal to perform environmental services for the 140-acre tract, located southwest
of Mykawa Road and Sam Houston Tollway, in Harris County, Texas. Please review the
proposal/agreerxaent and,if acceptable,execute the proposal and return to us by fax at(281) 589-0007.
We look forward to working with you on this project. Thank you for considering leg.Oliver
Associates,Inc.to assist you with your wetland research and environmental planning.
Sincerely,
avid Sherrill
ieit,‘ Senior Associate _ •
Berg•Oliver Associates,Inc.
BOA project number 4596ES03
bl/b5/ Ji i4 12:4 ibb uuu i iKlU UL1VtK A5 FA(at ei2
<-, - BERG • OLIVER ASSOCIATES, INC.
-_ Environmental Science,Engineering&Land Use Consultants
14701&M 's my Lane,Suite 400
`L.:.a..N - Houston, Texas 77079
(281) 589-0898 fax: (281) 589-0007
•
November 21,2003
(revised January 5,2004)
Mr.Alan Mueller
City of Pearland
3519 Liberty Dr.
Pearland,Texas 77581
RE: Proposal for Wetland Delineation, GPS Surveying, Site Verification, Archeological Pedestrian
Survey,Phase I Site Assessment, and Mitigation Plan •
BOA Proposal No. 4596ES03
Dear Mr_Mueller:
The following proposal is provided to the City of Pearland for environmental services for the 140-acre tract(of
which, approximately 25 acres was previously delineated, verified, and archeologically surveyed). The site is
located southwest of the intersection of Mykawa Road and Sam Houston Toliway, in Harris County, Texas.
Rerg.Oliver Associates, Inc. will provide special attention to complete the work in a timely and professional
manner. We will begin the assessment upon your acceptance and execution of this proposal-.
TASK,
WETLANDS ANALYSIS AND DETERM NATION
SCOPE OF WORK
The objective of the Delineation is to evaluate the potential for the property site or any portion of the site to be
classified as a "Jurisdictional Water of the United States" under Section 404 of the Clean Water Act and the
existence of other selected wetland environmental risks.
Delineation work will consist of the following tasks: 1)review of NRCS Soil Survey maps for listed hydric soils;
.2) interpretation of historic and current aerial photographs, including infra red imagery; 3) site reconnaissance
• for wetland indicators, including hydrophytic vegetation, hydrologic conditions that occur in wetlands and for
hydric soil conditions; 4)preparation of a map representing the sizes, shapes,and locations of any jurisdictional
areas detected;5)flagging of jurisdictional areas;and 6)preparation of a report of findings.
Task 1: Review of NRCS Soil Surveys: Task I will include a review of previously published soil data
published by the U.S. Department of Agriculture,Natural Resource Conservation Service,to determine
the types of surface soils expected to be confirmed by on-site soil analysis.
Task 2: Review of Aerial Photographs: Task 2 will include a review of historical aerial color and
black/white photographic enlargements for selected years. Infrared color photographs will be analyzed
for the presence of wetland signature color distortions. Information for all photographic interpretation
will be compared to locate recurring sites where wetland signatures are present.
Task 3: Site Reconnaissance for Wetland Indicators. Task 3 will include inspecting the property under
the field procedures outlined in the 1987 Manual for Wetland Determination by the U.S.Army Corps of
Engineers.
Bergs Oliver Associates,Inc.
BOA project number 4596ES03
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waters. Berg+Oliver will submit data forms to the USACE before the initial site visit. The
incorporated into a report to be submitted to the USACE and the client fi°diIIgs will be
I
TASK IV_
CULTURAL RESOURCE PEDESTRIAN SURVEY
SCOPE OF WORK
In October 2003, Berg♦Oliver coordinated a Cultural Resource Pedestrian Survey of an approx hate 25-
acre area within the 140-acre tract. The findings of the report for the mmaining acreage found no obvious
cultural or historical resources within the tract. Berg*Oliver will coordinate with the USACE staff
archeologist regarding whether additional work will be required.
If the USACE requires additional work, then the objective of the Historical, Cultural and Archeological
Assessment is to evaluate the detectable existence of sites of significant historical, cultural and
archeological public value on the subject site. The preliminary cultural resources survey will be conducted
by HRA Gray & Pape, LLC. of Houston, Texas. A physical investigation for the presence of historical,
cultural,or archeological indicators will be performed.
Task 1: Review of Historical. Cultural and Archeological Records and Previous Surveys: A
review of available documents, State Historical Commission records, and previous surveys to
assist in the evaluation of prior historical use and the presence or absence of recorded historical,
cultural and/or archeological sites.
Task 2: Site Investi Lion far Historical Cultural, and Arc l •cal Sig ificance. An onsite
investigation and survey to quantify the potential for Historical, Cultural,and Archeological research or
inclusion into the National Register of Historic Places or State Archaeological Landmarks. One hundred
percent of the survey area will be walked by the archeological field crew, and any areas identified as
potential prehistoric or historic site locations will be examined and subjected to shovel testing. The
survey may wire at least one hundred(100)shovel tests dispersed across the tract to conform to the
Texas Historical Ccemeission standards.
The shovel-testing may locate buried archeological deposits. In some cases alluvial deposit soils extend
to a depth that exceed practical reach of shovel-testing. In these instances, the Texas Historical
Commission Archeological Survey Standards require the use of a barkhoe to dig a limited number of
small trenches that can adequately expose and examine these deep deposits. Any additional costs in
labor and backhoe fees,should backhoe work prove neccessssary, would be lhv+oked, upon the City of
Pearlmtd's approval as additional services.
Task 3: Submission to Texas Historical Commission for Coordination Letter: A submission
request is normally submitted to the Texas Historical Commission for the issuance of a
concurrence coordination letter if the document review and site assessment indicate no further
resource investigations are warranted.
It is assumed that there are no standing structures on the site that will require National Register evaluation by a
professional architectural histcsian(i.e. structures over 50 years old and possessing other specific merits). The
cost for a qualified architectural historian to evaluate any structures is not included in the scope of work
The discovery of additional archeological sites would require additional shovel testing to de fiine the spatial limits,
prepare the site for digging, and produce artifacts that must be analyzed. Work on additional sites would be
lmvoicad as tonal services upon the City of Pearland's approval
Any uncovered artifacts must be permanently curated at anapproved institution under the provisions of the
Berg•Oliver Associates,Inc.
BOA project number 4596ES03
LOi UO7JJJf dtKu LILIVLK Ab PAGE 05
applicable federal or state regulations. The cost of cuiation is not ind sided in the scope of work.
TASK V
P1�ASE 11 SITE ASSESSMENT
SCOPE OF WORK
K
The Phase I Environmental Site Assessment (Phase
I) will be performed in standard practice E 1527-2000, Environmental S Assessma Phase Enviroruu rental accordanceiAssessments.with e
This practice is intended to permit you to satisfy one of the requirements to lily for the landowner defense to CERCLA (Comprehensive Environmental Response, Compensate n and Liability
t
Act) liability: that is, the practices that constitute "all appropriate inquiry unto the previous ownership and
> of the property cansisteat w g commercial or customary practice" as defined in 42 USC
9601§(35XB).
SITE LOCATION
The site location is reported to be approximately 140 acres,located southwest of the intersection of Mykawa
Road and Sam Houston Tollway, in Harris County,Texas. The Client will need to furnieb Berg Oliver
with the following items in order to begin the Phase I ESA process:
• A survey map of the site;
• Metes and bounds or legal description;and
• Contact name of the current owner or owner's representative to complete an
owner/occupant inquiry.
These items should show or describe the exact location of the subject property to be assessed.
SCOPE OF WORK
The objective of the Phase I is to identify, to the extent feasible under the processes prescribed in.ASTM E
1527-2000,the potential for recognized environmental conditions; that is, the presence or likely presence of
any hazardous substances or petroleum products on the property under conditions that indicate an existing
release, a past release, or a material threat of a release of any hazardous substances or petroleum products
into the ground, groundwater, or surface water of the property. The Phase I will have four components,
described as follows:
1. Records Review: Obtain and review records that will help identify recognized
environmental conditions in connection with the property. Some records will pertain to
properties within an additional approximate search distance in order to help assess the
likelihood of potential problems from migrating substances.
2. Site Reconnaissance: Visually and physically inspect the property and adjoining
properties, to the extent not obstructed by bodies of water, adjacent buildings, or other
obstacles, for evidence of hazardous substances or petroleum products.
3. Interviews: a) Interview owners and occupants, or their designated representatives, to
obtain information regarding current and historical uses of the property that may be related
to environmental conditions. b) Conduct inquiries of local agency (e.g. fire department,
health department) officials or staff members that may have knowledge or records of
environmental conditions or incidents related to the property or the surrounding area.
Interviews may in the form of personal contact, telephone contact, or written
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correspondence,
4. Evaluation and Report Preparation: The information gathered from the previous tasks
will be evaluated,and the findings will be presented in a report that describes, at minimum,
site and vicinity descriptions, current and past uses of the property and adjoining
properties, information from records reviews, information from site reconnaissance and
interviews, conclusions and opinions of impacts, if any, of recognized environmental
conditions. The report will also describe the methodologies used, and will include
appropriate documentation and exhibits of information used to conduct the assessment.
Recommendations for further study, if any,will be provided in a separate document.
INVESTIGATIVE WORK
Phase 1 investigative work includes, but may not be limited to, four basic tasks which are each comprised
of several components. The details of these tasks are set forth below, listing the standard components of
each. The ASTM E 1527-2000 standard prescribes a review of reasonably ascertainable information;
that is, information that is publicly available, obtainable from its source within reasonable time and cost
restraints, and practically reviewable. The availability of information will vary based on the location of a
given site. Berg•Oliver Associates, Inc. will attempt to review as much of the following information as is
reasonably ascertainable for this project.
Task 1:Records Review
Standard Envirotunental Record Sources
Review documented environmental site listings from Federal and State regulatory agency database
sources, including the following:
Sources Minimum Search Distance
Federal CERCLIS list 1.0 mile radius from site
Federal RCRA TSD facilities list 1.0 mile radius from site
Federal RCRA generators list Subject/adjoining properties
Federal NPL site list 1.0 mile radius from site
Federal ERNS list Subject site only
TCEQ listing Hazardous Sites 1.0 mile radius from site
State Landfill/MSW sites 0.5 mile'radius from site
State leaking UST sites 0.5 mile radius from site
State registered UST sites Subject/adjoining properties
Documented regulatory agency sites located within the ASTM prescribed minimum search distance
'will be identified and plotted on a composite site map.
Physical Setting Sources •
USGS Topographic Map(s) will be reviewed to determine site topography and surface drainage
patterns of the site and the surrounding area. Current and past structures, roads,well installations,
and other improvements will be evaluated, as well as other pertinent physical features such as
streams or water bodies. Federal Emergency Management Agency floodplain map(s) will be
evaluated to determine if the subject property lies within a known floodplain. The appropriate Soil
Survey from the USDA Natural Resource Conservation Service will be reviewed to determine
the site's soil conditions and general surface geology of the area. General descriptions will be made
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of the subsurface hydrogeology based on information from USGS Groundwater Maps or other
sources.
Historical Use Information
Historical Aerial Photographs will be obtained from aerial photography firms having inventory of
the subject area. The photographs will be reviewed to evaluate previous land use characteristics
for the property and adjacent parcels. The photographs will also be checked for possible oil and
gas exploration activities, surficial anomalies associated with waste ponds or dumps, and previous
commercial and/or industrial activities. A Chain of Title will be reviewed from Harris County
Clerk's records to identify site ownership from 1940 forward. The records will be reviewed to
evaluate the potential for industrial or environmentally significant land use activities onsite, based
on the identities of previous owners. This task will be subcontracted to a title search company.
Local City Directories and Sanborn The Insurance Maps, if available, will be reviewed for
listings of the types of past structures or business operations that may have existed on the property.
In addition, Texas Railroad Commission Records will be reviewed to determine if oil and/or gas
exploration or production has occurred on the site. This information will be obtained from a
Regional OH and Gas Survey Map prepared by Tobin.Research,Inc.
Task 2:Interviews and Agency Inquiries
Owner/Occupant Inquiry
Inquiries will be made of person(s) who may have knowledge of current or historical conditions
associated with the subject property. One or more of the following individuals may be contacted
for an interview: 1) Current Owner 2) Owner's Representative 3) Occupants or Tenants 4)
Adjacent Property Chvners/Occupants. Interviews may be conducted in person, by telephone, or
by written correspondence in the form of an Owner/Occupant Questionnaire.
Local Agencies and/or Officials
Inquiries will be made of local agencies or officials that may have records of environmental
conditions or incidents related to the subject property or adjacent properties. Such agencies may
include the Local Fire Department Hazardous Materials Response, City/County Health
Department, Local Pollution Control Agency, or others deemed appropriate for the property, its
location,or specific conditions.
Task 3:Additional Records Sources
In the event that site-specific conditions or standard information sources indicate a potential
environmental condition(s) associated with the property, other selective files or records may be
reviewed for additional_information regarding such conditions. This information will be obtained
at the discretion of Berg♦Oliver Associates, Inc. based on the fmdings of the investigation. Other
typical sources include specific files from the Texas Railroad Commission, the Texas
Commission on Environmental Quality,and the Environmental Protection Agency.
Task 4: Site Reconnaissance
General Site Setting
Site reconnaissance will be conducted to physically and visually inspect the property for
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BOA project number 4596ES03
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indications of environments' conditions. Observations will be made of the Current Site Usage,
Adjacent Site Usage, Topography and Landscape,
the. extent practicable, Potable Water Supply, Structures, Roads, Improvements and, to
Installations. pPl3', Sewage Disposal System, and other Utility
interior and,Exterior Observations
The property and any buildings or structures will be inspected for visual or physical evidence of
hazardous substances or petroleum products. Exterior observations include, but are not limited to,
pits, ponds, lagoons, stained soil or pavement, pools of liquid,
solid waste, waste water and associated discharg s), above orbe ow ground stor strong odors, age
vegetation,
d ums
or containers, unidentified substances, wells, or septic interior tanks, draws
observations will include those listed above, if applicable, as well a her inspection is reel a d,
img/cooliug sources and
fuels, stains or corrosion,drains and sumps, storage or treatment areas, and construction materials.
Any listed, or non-listed, indicator of hazardous substances or petroleum products will be
identified in the findings of the report.
TASK VI
MASTER PLAN MITIGATION
SCOPE OF WORK
Berge Oliver will review the location of the subject tract's existing wetlands
habitat types and develop a comprehensive wetland ' forested ' topography, aid
mitigation plan utilizing the entire tract. Thee purpose of the
mitigation plan is to provide the City of Pearland an area to mitigate impacts to Waters of the United State for
current and future city projects that would require Nationwide and/or Individual Permits from the USACE and
TCEQ. Wetland areas would be created on an as needed basis per project. Construction and monitoring of the
mitigation area are not covered under this proposal and will require project by project cost estimates.
Overall, a comprehensive mitigation plan should save time and money during the permitting process for future
City of Pearland projects-
PROJECT SCHEDULE
Tasks I, II, and V are projected to be completed within thirty (30) calendar days of the receipt by
Berg•Oliver of this executed proposal/agreement and the boundary survey from the City of Pearland_ •
Task III and IV will depend upon the USACE's review, staffing, and schedule. Task VI is projected to be
complete within sixty (60) calendar days. Unless otherwise stated, it is assumed that the client has the
authority to enter the property for purposes of conducting environmental assessments and herein grants that
authority to Berge Oliver.
The project completion schedule is the goal of all parties but does not reflect unusual delays due to major,
unpredictable,or unforeseen delays, modifications to the scope of work based upon actual findings, or upon
additional requests by governmental review, City of Pearland,the Owner,or the Corps of Engineers.
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BASIC COMPENSATION AND METHOD OF PAYMENT
Berg*Oliver Associates, Inc. proposes to provide the environmental services described above to City of
Pearland for the following amounts;
Task I: WETLAND DELINEATION
$ 6,600.00*(lump sum)
Task II: GPS SURVEYING $ 2,800.
00(lump sum)
Task Ilfl: SITE VERIFICATION $ 1,600.00*+(hourly nte)
Task IV: PEDESTRIAN SURVEY $ 11,400.00(Iump sum)
Task V: PHASE I SITE ASSESSMENT $ 2,750.00(Iump sum)***
Task VI: MITIGATION PLANNING $ 5.000.00(hourly ate)
TOTAL
$30,150.00
*This amount is based upon the property having clear access for delineation so that field work can be completed
in three days by a two-man crew If there is thick vegetation, this amount could increase. For each additional day
(8 hours)of field work by a two-man crew, the amount will increase$1,600.00 extra per day.
**If the USACE does not require a full Archeologist Pedestrian Survey, this amount will be significantly reduced
and will include only time and expense incurred
***If there are strictures on the property that mat be enterer there will be an additional charge of$125.00 per
structure If there are oil/gas wells on the property,there will be an additional research fee of$125.00 per writ
Tasks I,II,IV, and V will be invoiced as lump sum amounts and will be billed upon the completion of each
task. If no wetlands are found on the site, the costs of Tasks I, II, and IV will be invoiced as hourly for
work actually performed,and the total amount will be less than the amounts given above.
Tasks III and VI will be invoiced as hourly not to exceed amounts and will be billed monthly as work is
performed. The hourly charges will be based upon the attached Personnel Rate Schedule.
If the client, consulting engineer, or resource agencies request additional items for permit approval and/or
services from BOA which would exceed the above estimated amounts, BOA will submit a written change
order to the client for approval prior to performing the additional work.
Payment will be due within thirty(30)days from receipt of an invoice. If invoice is not paid in full in thirty
(30)days, interest will accrue at 1.5%per month(18%per annum).
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CONFIDENTIALITY of.ASSESSMir'i'
The assessment and all related work and services of Berge Oliver Associates, Inc. are confidential.
Berg+Oliver Associates, Inc. is hereby employed by the City of Pearland pursuant to this contract Under
such contract relationship, all correspondence, written or vial, which relates to the findings of this study
are, to the extent permitted by law, strictly confidential between the parties hereto, unless
Bergs Oliver
Associates,Inc. receives a written request from the client to offer the results of this study to a third party
not a part of this agreement/proposal. Environmental assessments may occasionally uncover extremely
sensitive findings. It is the responsibility of Berg`Oliver Associates,.Inc. to report these findings to our
client and to no other party.
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 Bergs 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.
• 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, City of Pearland and Berg`Oliver Associates, Inc. bave 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.
•
kfiDavid Sherrill
Senior Associate
Jkrg•Qiivcr Aysociatca,iqc.
BOA project number 4596ES03