Loading...
R2002-0065 04-22-02 RESOLUTION NO. R2002-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATIONS #9 AND 10 FOR SURVEY, H & H DESIGN, ENVIRONMENTAL AND GEO-TECHNICAL SERVICES FOR THE BARRY ROSE AND YOST ROAD IMPROVEMENT PROJECTS ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. 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 Turner, Collie and Braden, Inc., ("T C & B) for Program Management of the Pearland Mobility and Drainage Bond Program was authorized by the City Council on December 10, 2001. Section 2. That T C & B has developed work authorizations #9 and 10, which are attached hereto as Exhibits "A" and "B" respectively. Section 3. environmental and Projects are hereby approved. PASSED, APPROVED and ADOPTED this the A.D., 2002. That work authorizations numbers 9 and 10 for survey, H & H design geo-technical services for the Barry Rose and Yost Improvement 22 dayof April ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR ATTACHMENT D Exhibit "A" R2002- 65 WORK AUTHORIZATION NO. 9 This Work Authorization is made pursuant to the terms and conditions of the Pearland Mobility & Drainage Bond Program, hereinafter identified as the "Contract", entered into by and between the City of Pearland ("City"), and Turner Collie & Braden Inc. ("Engineer). PART 1. Work Authorization No. 9 is related to Barry Rose from Broadway (FM 518) to Pearland Parkway. The Engineer will perform Topographic Survey, R.O.W. Document services, EnVironmental Studies, H&H Studies and PS&E under this Authorization. PART 2. The maximum amount payable for services under this Work Authorization is $623,099.86. This amount is based on the attached fee proposals submitted by: The Wilson Survey Group, Inc. for Survey, dated April 5, 2002, in the amount of $ 68,000.00, QC Laboratories, Inc. dated 8, 2002 in the amount of $6,998.50, S&B Infrastructure, Ltd. dated April 9, 2002 in the amount of $518,501.36, and Berg Oliver Associates, Inc. for Environmental Studies, in the amount of $29,600.00. PART 3. Payment to the Engineer for the services established under this Work Authorization shall be "Lump Sum". PART 4. This Work Authorization shall become effective on April 9, 2002 and shall terminate on November 12, 2005, unless extended by a supplemental work authorization. PART 5. This Work Authorization does not waive the parties' responsibilities and obligations provided under the contract. PART 6. This Work Authorization is hereby accepted and acknowledged below. ENGINE(fiR By: ~//~,2¢~ By:.~ CITY OF PEARLAND Typed or Printed Name Bi 11 Ei sen Typed or Printed Name ~r- .., ~ t-;t-e_ ~f~r¢,',~,/ City Manager Title Title q,.//t't4/0b April 22, 2002 Date Date LIST OF EXHIBITS Exhibit A - Fee Schedule Exhibit B - Work Schedule Turner Coltie Braden Inc. 4/15~O2 EXHIBIT A FEE SCHEDULE Pearland Mobility & Drainage Bond Program Work Authorization No. 9 Summary Project Barry Rose Road Engineerino Services HydrOlogic & Hydraulic Environmental Compliance Topographic Survey Geotech ROW Maps & Documents PS&E Traffic Control SWPPP) ROW Acquisition Assistance Materials Testing Subtotal S & B Infrastructure Berg Oliver Wilson Survey Group QC Labs Wilson Survey Group S & B Infrastructure Previous Authorization 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Current Authorization $ 59,000.00 $ 29,600.00 $ 59,O00.0O $ 6,998.50 $ 9,000.0O $ 421,000.00 $ 26,000.00 $ 12,501.36 $ 623,099.86 Page 1 of 1 THE WILSON SURVEY GROUP, INC. PROFESSIONAL LAND SURVEYORS April 5, 2002 Mr. James W. Keller, P. E. Turner, Collie and Bmden, Inc. P.O. Box 130089 Houston, Texas 77219 Re: Peadand Mobility and Drainage Program- Barry Rose Road Job No: 13-11258-001 Dear Mr. Keller, This letter is our proposal to provide surveying and mapping services for the Barry Rose Road Project from FM 518 to the centedine of Clear Creek. The project is approximately 7,000 L.F. in length and will involve a vatting width right-of-way. We have reviewed the requirements outlined in the specifications entitled "Topographic Survey Performed By Surveying Subcontractor Phase 1 Miscellaneous Projects" and the "Right-of-way Maps and Right-of-way Documents Performed By Surveying Consultant" that were provided by your office. We agree to perform all services in accordance with the outlined requirements with the following clarifications and understandings: 1. The project baseline will be established as outlined, but The Wilson Survey Group will not be responsible for setting the points in excess of two (2) times from the completion of the Horizontal Control Survey to the awarding of the Construction Contract. 2. There is an allowance in this proposal to stake a maximum of twenty (20) soil core drill holes. The location of all drill holes will have to be provided at one time. Otherwise additional charges could accrue for each re-mobilization to stake additional points. 3. The topographic survey will not extend 50-feet outside of the existing right-of-way lines. The topographic information and the cross sections will be gathered only .inside of the existing right-of-way lines from FM 518 to the north comer of Alexander's Landing Subdivision. After this point and up to the centerline of Clear Creek, the topographic information and cross sections will extend from the northerly Sine of the existing Barry Rose Road right-of-way southeasterly for a distance of 380-feet, 4. The underground routing of existing utilities will be shown as per recorded information combined with surface features located in the field survey (i.e., valves, manholes, inlets, etc). Pipeline companies will be notified to probe and mark their respective pipelines. There is no provision in this proposal for The Wilson Survey Group to tone, probe or excavate utilities to determine underground routing. 5. The final plan and profile drawings will be provided as a continuous strip. The Design Engineer will then be able to determine the appropriate locations for match lines. 6. The proposed alignment will be shown on the plan and profile drawings using information provided by TC&B. 7. The parcel maps and metes and bounds descriptions will not be commenced until a final alignment approved by all concerned parties is provided to us. 8. This proposal is based on a maximum of four (4) parcels to be created. 2006 £. Or,,-away, Suitc 10:~ * Peadand. Tcxa~ 77551 Ph (28 l) ¢~3-3991 ~. F..x (2111) 495-.~998 E-mail: APR-OS-2002 16:34 281 485 3998 97Z P.02 o If wetland delineations are to be located as a part of this survey, these areas will need to be marked (by others) dudng the topographic phase of the project. Otherwise. additional charges could accrue to remobilize to acquire this data. The cost to pedorm the outlined services for topographic surveying and mapping will be $59,000.00 including all labor, materials and expenses. The final plan and profile drawings can be provided within seventy-four (74,~ calendar days following the receipt of a fully executed contract document. The cost to perform the services in connection with the acquisition of the four (4) right-of-way parcels will be $9,000.00.The final fight-of-way documents can be provided within twenty-one days following the receipt of the final approved right-of-way alignment. There is a question concerning whether or not additional right-of-way will have to be acquired along the Regency Park Subdivision. If additional right-of-way is required along this portion of Barpy Rose Road, the cost to prepare the eleven (11) parcel maps and the eleven (11) metes and bounds descriptions will be $;12,000.00. Mr. Keller, we appreciate the opportunity to submit this proposal and look forward to working with you on this project. We understand that you will issue a fully executed contract to signify our authorization to proceed. I can be reached at (281) 485-3991 if you have any questions. President APR-OS-2002 16:34 281 485 3998 97z ~/12/2802 15:'16 2815898887 BERG OLIVER ASSO0 ATTACHMENT "A" PROPOSAl.. FOR PROFESSIONAL ENVIRONMENTAL SERVICES ENVIRONMENTAL SERVICES TURiN'ER COLLIE & BRAD~EN BARRY ROSE ROADWAY EXPANSION FROM F1VI 518 TO CLEAR CREEK ' BRAZORIA COUNTY, TEXAS PROJECT NO. 3780ESPR PAGE INTRODUCTION AND PROPOSED SCOPE This Proposal for Professional Environmental Sep/ices is between Turner Collie & Braden on behalf of the City. of ?earland and Berg,Oliver Associates, Inc. (hereinafter called "Berg,Oliver") wherein Berg, Oliver has been requested to provide the environmental services described within this proposal. Berg,Oliver Associates, Inc. is the selected environmental consulting firm to provide environmental specifications and plans to Turner Collie & Braden on behalf of City of Pearland (hereinafter called "Owner") for improvements to the Barry Rose roadway expansion from FM 518 to Clear Creek in Brazoria County, Texas (hereinafter te,,ed "subject area"). Berg,Oliver Associates, Inc. will perform an Environmental Assc.ssment in accordance with Brazoria County requirements. As part of the preliminary studies, the Owner has requested that Berg, Oliver Associates, Inc. provide an Environmental Investigation prepared for the proposed project. The Environmental Investigation is intended to achieve the following objectives: Define the scope of the project Determine which aspects of the proposed action may have potential for environmental impact. Identify measures and alternatives that might mitigate adverse environmental impacts. Identify other environmental review and consultation requirements that should be prepared concurrently with the Environmental Investigation. The Environmental Assessment services are proposed to assist with the preliminary engineering and planning. To gather baseline information to accomplish the objectives described above, the Scope of Work must include a Phase I Site Assessment, a Wetland Delineation, Global Positioning Systems (GPS) Surveying, Field Review of Wetland Function and Values, a Threatened and Endangered Species, an A-rcheological Review, a USACE Verification, Section 404 Permitting, and Project Management and Report Preparation. AUTHORIZATION Work performed under this proposal will be authorized by the execution of this agreement by Jim Keller or another authorized signatory of Turner Collie & Braden PROJECT LOCATION AND LEGAL DESCRIPTION The project site is at the future location of Barry Rose roadwa7 expansion from FM 518 to Clear Creek, in Brazoria County. The exact location and legal description, if required, will be provided by Turner Collie & Braden prior to the initiation of work. Berg, Oliver Associates, Inc. 3780ESPR RPR 12 2802 16:56 2815890007 P~GE.i3 TASK I PROJECT MANAGEMENT AND REPORT PREP&RATIONS SCOPE OF WORK Berg,Oliver Associates, Inc. will attend three (3) project meetings including the project kick-offmeeting and a summary meeting of preliminary investigations. Normal project coordination requested by Turner Collie & Braden, Inc. or the City of Pearland personnel that are necessary for the successfui completion o£ the Barry Rose Project, will be covered Under this category. Berg,Oliver w/Il pm'pare four (4) preliminary "draft" reports of the asse~ment for review by the Turner Collie & Braden. These rep6rts will be prepared in a general format. They are. not intended to comply witla Texas.Depar~ent of Transportation or NEPA standards. However, the assessment and documentation will be performed in a manner compatible to NEPA guidelines, should the information need conversion in the future. Upon final review preliminary drafts will be returned and all agreed changes and incorporations to the preliminary draft will be made. Six (6) permanently bound copies of the final report will be presented to Turner Collie & Braden for distnbution to the City of Pearland and other appropriate agencies. TASK PHASE ONE ENVIRONbfENTAL SITE ASSES~VIENEr (ESA) SCOPE OF WORK The objective of the Phase I Environmental Site Assessment will be to evaluate the potential for recognized env/ronmental conditions. The records review is proposed for the improvements for Barry Rose roadway expansion from FM 518 to ClearCreek in Brazor/a County, Texas. The following selected risks are standard and will be considered for this project. 3. 4. 5. Presence of any indications of hazardous substances or petroleum products on the site or in the proximity of the site so as to environmentally affect ar give rise to innocent landowner r/sk or expense. Proximity to documented regulatory agency sites, inelud~mg leaking underground storage tanks. Previous on-site oil and gas well drill sites. Effect of any adjacent land use and determination of the extent of environmental concerns, if any, from such operations. Review of former and current land use activities associated w/th potential waste disposal or industrial operations. The report of findings will meet and exceed ASTM 1527 E-97 standards for Environmental Site Assessments: Phase 1 Environmental Site Assessment. INVESTIGA'IWE WORK Phase I environmental evaluation work will include, but may not be ]trailed to, the following tasks: 1) review of surface geologic and soil data; 2) review of historical aerial photographs; 3) compilation of regulatory agency site listings of potential sources of hazardous substances within a preset/bed minimum search distance of the site; 4) review of selected regulatory agency file,~; 5) review of chain of title; 6) conduct of a site reconnaissance for signs or indications of current or previous use or discarding of hazardous substances or peu'oleum products; and 7) review of oil and gas ~ sites. Task 1: Review of Surface Geologic Soil Data. Task 1 will include a review of USGS topographic maps and surface soil data published by the U.S. D .epartrnent of Agriculture, Soils Conservation Berg, Oliver Associates, Inc. 3780ESPR APR 12 2002 16:57 281589000? PAGE.i4 Service, to determine the type of surface soils present, their physical characteristics, and the potential for surface or subsurface migration. Task 2: Review of Historical Aerial Photographs. Task 2 w/Il include a review of historical aerial photograph enlargements for several years from 1965 (older if available) to 1992 obtained from aerial photographic 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 w/Il also be checked for possible oil and gas exploration activities, surficial anomalies associated with waste ponds or dumps, and premous commercial and industrial activities. Task 3: Regulatory Agency Site Listings. Task 3 will include a review of documented site listings from the following selected regulatory agency sources: Agency 1. Texas Natural Resources Conserva- tion Commission (TNRCC) 2. U.S. EPA 3. Texas Department of Health (TDH) 4. Brazoria County Pollution Control 5. Local Fire Official Listing hazardous waste generators, Texas Registry sites, LUST sites CERCLIS sites, RCRA sites municipal solid waste landfill sites landfill sites hazardous spill responses As a minimum, the following regulatory databases will be reviewed: Agency Listing Radial distance from Site Being Investigated I. Federal N'PL Site list and CERCLIS 2. Federal RCRA Notifiers/Violators List 3. Federal Finds List 4. Federal ERNS List 5. State Superfund Equivalent Lists 6. State Landfill/Solid Waste Site Ltsts 7. State Registered PSI Lists 8. State L.U.S.T. Lists 9. State Spills List 10. Local Hazmat Spills 1 Mile Radius 0.5 Mile Radius 0.5 Mile Radius Site Specific 1 Mile l Mile 0.5 Mile Radius 0.5 Mile Radius Site Specific Site Specific Documented regulatory agency sites located within the ASTM prescribed minimum search distance will bc compiled and plotted on a composite site map. Task 4: Review of Selected Re~latory Agency files. In the event that regulatory agency sites are located near the tract, then a subsequent review of regulatory agency files may be necessary to check for possible compliance v/clarions and enforcement actions that would indicate a possible environmental risk to the tract. Task 5: Review of Chain of Title. Due to the multiple ownership for this project, a chain of title will not be ordered and reviewed to establish land usc for the past 50 years, Task 6: Site Reconnaissance - Hazardous Substances or Petroleum Products. Task 6 will include a gite reconnaissance to evaluate current land conditiong and current and former land ugo and to assess any anomalies identified from the aerial photograph review. A grid pattern of transects will be established to allow the property to be physically inspected so that no area will not be observed. Adjacent parcels will be reviewed in the field to check for potential high-risk industries or Berg. Oliver Associates, Inc. 3780ESPR RPR 12 2002 16:57 2S15S90007 P~fi5.15 environmental features which could impact the subject tract. Site photographs of any anomalous surface features will be obtained along with site typical photographs. The reconnaissance w/fl also include personal interviews with knowledgeable individuals and site observations for surface indications of possible underground storage tanks (UST') and oil and gas well sites located on or immediately adjacent to thc property. Task 7: Review- of Oil and Gas Drill Sites. Task 7 will include a review for nearby documented oil and gas well drill sites. On-site oil and gas well drill sites may pose an environmental risk to the tract if not plugged. Previous drill sites may' also be associated w/th drill pits which could contain residual drilling muds, naturally occurring radioactive material, brine wastes, and/or produced liquids. We will review oil and gas well listings published by the Tobin Map Company or the Geomap Company. In the event that oil and gas well sites are located in the search area, then a non-scope rev/ew of the Railroad Commission of Texas (RRC) well records in Aust/n, Texas may be recommended to check for drilling and plugging records and to more accurately determine if the wells are located onsite and the status of such wells. The objective of the Phase I Environmental Site Assessment w/ll be to evaluate the potential for selected environmental risks. TASK III ~,VETLAND DETEI~L.M.INATION AND DELINEATI ON SCOPE OF WORK The objective of the Delineation is to evaluate the potential for the property site or any port/on 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 foll0w/ng tasks: 1) rev/ow 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 hydrophy'tic vegetation, hydrologic conditions that occur in wet]ands and for hydric soil conditions; 4) preparation of a map representing the sizes, shapes, classifications, 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 1 will include a review of previously published soil data published by the U.S. Deparmaent of Agriculture, Namrat 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 properly under the field procedures outlined in the 1987 Manual for Wetland Determination by the U.S. Army Corps of Engineers. Identified wetlands will be classified as '5solated,""ad. latent", or other jurisdictional waters. Transects will be performed across the property, perpendicular to the nearest watercourse. Samples of vegetation, soils, and hydrology indicators will be taken at each change in topography or vegetation. Vegetation samples will be evaluated and recorded at each sample area. Upland vegetation will be verified, for i.t is as significant as wetland vegetation in the determination process. Inspection of the property for evidence or lack of wetland hydrology will be performed at Berg, Oliver Associates, Inc. 3780ESPR RP~ 12 2882 16:58 2515890007 PRGE.16 ~/12/2~2 15'16 2815898887 OLIVER ~S:SSC PAGE 17 each sample area. Soil samples will be evaluated at each test site for their hydri.c and non-hydric characteristics. Non-hydric soils verify upland status and are as significant as hydric soils in the determination process. As many as 50+ sample sites, evaluating vegetation, soil, and hydrology criteria, may be necessary. Task 4: Preparation of a Map Representing Wetland Areas: Task 4 w/Il include the preparation of a scaled map to show wetland areas and the limits of Jurisdictional Waters. Upon completion of the site reconnaissance and in-office analysis of the study data, the boundaries of the areas determined to be Jurisdictional Waters of the United States will be plotted on a scaled map. Based upon field data collected and cross-section measurements, taken while performing site reconnaissance, each Jurisdictional area will be depicted with the following information: (I) size and shape; (2) surface area calculation (acres); (3) classification; and (4) combined total wetland and Jurisdictional Water area calculations for the entire subject tract. Task 5 Flagging of Wetland Areas: Task 5 will include the flagging of the jurisdictional areas for survey by GPS equipment. It is recommended that the jurisdictional areas identified be located by a RPLS survey or a Global Positioning System in order to obtain more precise location and size of the jurisdictional areas for project planning purposes. Upon completion of the survey information the final report submitted to the client from Berg, Oliver Associates will reflect the surveyed data. Task 6: Report Preparation: Task 6 will include the preparation of a final report. Upon completion of the site reconnaissance, data translation, and map preparation, a report will be completed. The report will include a discussion of methodology used to delineate the n-act, site findings, copies of all historical information reviewed, such as USGS topographical maps, N'R. CS soil survey maps, aerial photographs, site photographs, USACE routine data sheets, and a wetland delineation map. TASK IV GPS SURVEY SCOPE OF WORK In order to verify the wetland areas and the limits of the jurisdictional waters for the Barry Rose expansion project located on FM 518 and south of Clear Creek, a survey of the limits of the potential jurisdictional wetlands will be needed. Ire City of Pearland must survey the jurisdictional waters, so that the delineation can be verified by the USACE. If the City chooses to have Berg. Oliver perform the GPS Survey, it will be invoiced as additional services (approximate cost of $ !,800.00). TASK V FIELD REVIEW OF WETLAND FUNCTIONS .&ND VALUES SCOPE OF WORK BOA will prepare a RAPID wetland evaluation that documents the actual function and value of the wetlands within the project ROW for the Barry Rose project. Function and value will not be determined on other waters of the U.S. such as ditches, ponds, and streams. This review of the function and value is needed for the mitigation design and to show in the permit (s) that the mitigation replaces the "function and value" of the wetlands that will be filled. BOA will use the USACE's Wetland Functions and Values: Description Approach method that has be used with other permit(s) in the USACE - Galveston District. This method quickly assesses 13 functions: o Groundwater Recharge/Discharge · Floodflow Alteration · Fish and Shellfish Habitat . Sediment/Toxicant Retention · Nutrient Removal Berg, Oliver Associates, Inc. 3780ESPR APR &2 2~O2 16:59 2815890¢0? PAGE.l? v~./lz/'.4~z iu:iu, zuiuu.~uu~,,,' ~h...~U ULIV~-R AS:~LJC PAGE 18 , Production Export , Sediment/Shoreline Stabilization , Wildlife Habitat · Recreation · Education Scientific Value , Uniqueness/Heritage · Visual Quality/Aesthetics · £ndangcred Species Habitat Representative photographs ,of each wetland type will be taken to be included in the final report and permit(s) where necessary. Texas Deparunent of Transportation (Tx,DOT) will review the report that will be prepared by the consultant before the permit(s) pre-epplieation meeting. TASK VI TI-tREATENED AND ENDANGERED SPECIES ASSESSMENT SCOPE OF WORK The objective of the Threatened and Endangered Species Assessment is to evaluate the potential for the existence of critical or irreplaceable habitats which are considered protected under the Endangered Species Act of 1973 and subsequent amendments and listings. The following selected evaluations will be considered for this project: Revi~v of Agency Information and Listings: A re,,'/ew of all listed Threatened and Endangered Species by the U.S. Fish and Wildlife Department along with review of various State information. Review of Selected Information: If reasonably available, the review of previous Threatened & Endangered Species studies and conclusions conducted for other projects within the vicinity of the subject site. Site Review for prOjeot Impacts to Habitat: A review of the physical site for indications of potentially critical habitat and/or nesting sites. A Site Assessment for Threatened or Endangered Species will consist of the following subtasks: 1) Review of Agency Listings for estimated habitat boundaries; 2) Consultation with appropriate agencies for specific information; 3) Site Reconnaissance and biological impact assessment. Task l: Review. of Agency Listing for Estimated Habitat 'Boundaries. The listings currently maintained by the U.S. Fish and Wildlife will be evaluated to determine if any of the listed species may be shown to potentially inhabit the area. Task 2: Consult with Appropriate Agencies. Task 1 results may prompt specific needs for additional current information. Several private sources and agencies will be interviewed for information regarding specific species having potential for the habitation of the subject site. Task 3: Site Reconnaissance and Biological Impact Assessment. The biological aspects of the potential habitat will be physically reviewed and documented to determine if the habitat is a desirable or reproductivcly useful to thc specific species. The site will be reviewed for biological indicators of presence. If marginal or suspicious habitats are encountered, a specialist on the specific study species ~41l be consulted and included in thc site impact assessment. Berg, Ohver ,,~ssociatcs, Inc. 3780ES?R APR 12 2002 16:59 2815890007 PAGE. 18 0~/12/20[~2 !~: 16 2815898~7 B,--.~,~ [3LI¥£~ /4SS~DC PAGE 19 TASK VII HISTORICAL~ CULTURAL AND ARC}IEOLOGICAL REVIEW SCOPE OF WORK 'lite objective of the Historical, Culm.m] and Archeological Assessment is: .to evaluate the detcct~ble · existence of sites of significant historical, cultural, and archeological public value on the subject site. Thc cultural resources survey will be conducted by subcon~'act and incorporated into the more complete assessment described herein..The follo~ving task can be performed for this project. Re,dew of Historical. Cultural and Archeological Records: A review of available historical, cultural, and archeological documents and State Historical Commission records to assist in the evaluation of prior historical use and the presence or absence of recorded historical, cultural and/or archcological sites. TASK VIII USACE VER.IFICATION SCOPE OF WORK USACE verification will be required and will include inspecting the property trader the field procedures outlined in the 1987 Manual for Wetland Determination by the U.S. Army Corps of Engineers. Berg, Oliver will coordinate a site visit with the U.S. Army Corp of Engineers to confirm the findings and the sizes of jurisdictional waters. Berg, Oliver will submit data forms to the USACE before the initial site visit. The £mdings will be incorporated into a report to be submitted to the USACE and the client. TASK LX SECTION 404 PEtLMITTLNG AdVD SUBMITTAL SCOPE OF WORK Preparation of Mitigation Plans/Documentation Berg,Oliver Associates, Inc. will prepare the permit application packages for thc permits required for construction and act as the Agent for the City of Pearland in thc coordination process. The USACE will determine the types of permits required for thc various projects. BOA will prepare mitigation proposals in coordination with the City of Pearland. BOA will work w/th thc City of Pearland to identify areas for the potential mitigation. Site Wsits may be necessary to review the potential mitigation area(s). The consultants will prepare the conceptual mitigation plans to include with the permit application. Thc mitigation plan will include discussion of monitoring and management and compliance reporting activities that are planned to be part of permit conditions. USACE Permit Application Preparation Task 1: Permit Pre-Application Meeting. Prior to the pre-application meeting, a rapid wetland evaluation report that documents the actual function and value of the wetlands to be filled will be prepared for the City of Pearland's review. BOA will accompany representatives of the USACE, Texas Parks and Wildlife (TPWD), and the U.S. Fish and Wildlife Service (USFWS) on a site visit to view wetlands to bc filled as well as review thc proposed mitigation site(s). Berg, Oliver Associates, Inc. 3780ESPR ~PR 12 2~02 17:00 281589000? P~GE.19 Task 2: PrepamUon of Permit(s) Apphcation Documentation/Report. BOA will work with Turner Collie & Braden, Inc. and the City of Pearland to prepare the necessary permit app',icatmn documentation and report, for submission to the USACE. This documentation and report will include identification of the applicant, point of contact, project description and location, direct and indirect environmental effects, avoidance and mimmization efforts, preparation of permit(s) docttmentation including an Analysis of practicable Alternative, Section 404 (b) (].) Environmental Evaluation, Texas Natural Resource Conservation Commission (TNRCC) 40! Certification. Questionnaire and Alternatives Analysis Checklist, site photographs, proposed mitigation, and other agency coordination. The text of the pemait(s) report will refer to exhibits (maps) that will also be prepared an.d included. BOA will prepare the permit(s) for the renew by Turner Coll/e & Braden and the City of Pearland. Task 3: USACE Permit(s) Coordination. The permit(s) application for the Barry Rose project will be provided by the USACE and TN'RCC to follow the requirements of the General Conditions of an Individual Permit application or a Nationwide Permit notification. BOA will assist the client with responding to comments on the permit(s) application(s). Task 4: TNRCC Coordination for Water Quality Evaluation/Certification. BOA will coordinate with the TNRCC regarding the proposed fills, mitigation, and impacts to state water quality. PROJECT SCI-EE DL'LE Task I-VII are projected to be completed within forty-five (45) worldng days of the receipt by Berg, Oliver of this executed proposal/agreement from Turner Collie & Braden Unless otherwise stated it is assumed that the client has the authority to enter the property for purposes of conducting environmental assessments md herein grants that authority to BOA. The project completion schedule is the goal of ail 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, Turner Collie & Braden, the Owner, or thc Corps of Engineers. CONFIDENTIALITY OF ASSESS~M~ENT The Environmental Investigation and all related work and services of Berg, Oliver are confidential unless otherwise stated. Berg,Oliver is hereby employed by Iumcr Collie & Braden on behalf of the City of Pearland and as such the report, its findings and all correspondence and work product, written or oral, which relate to the findings of this study are sla-ict]y confidential and privileged between BOA, Turner Colhe & Braden, and City of Pearland. Berg.Oliver will share the report findings only upon receipt of a request from Turner Collie & Braden to discuss or offer the results of this study to a third party. Confidentiai client files will be retained for three (3) years in secure file cabinets maintained by Berg, Oliver. Berg, Oliver Associates, Inc. 3780ESPR APR 12 2002 17:00 281589000? PAGE.20 BASIC COMPENSATION AxN-D bYETHOD OF PAY'NtENT Berg,Oliver Associates, Inc. proposes to provide the environmental services described above to Tum,r Collie & Braden on behalf of the City of Pearland for the lump sum not amounts as follows: TASKS TASK I: TASK II: TASK IH: TASK IV: TASK V: TASK VI: TASK VII: TASK VIII; TASK IX: LUMP SlIM PROJECT M,a2qAGEMENT AND REPORT PREPARATION $ 4,300.00 PHASE I ENrVIRONMENTAL SITE ASSESSMENT $ 3,800.00 WETLAND DELINEATION AND DETER~MINATION $ 6,500.00 GLOBAL POSITIONING SYSTEM (Gl>S) SURVEYING $ -0- FIELD REVIEW OF WETLAND FUNCTION AND VALUE $ 2,000.00 THREATENED AND ENDANGERED SPECI.ES $ 1,500.00 ARC}IEOLOGICAL REVIEW $ 1,200.00 USACE VERIFICATION $ 2,800.00 SECTION 404 PER~MITTING AND SUBMITTAL $23,000.00* TOTAL $45,100.00 If Nationwide Permit: TOTAL = $29,600.00 *This task assumes that an Individual Permit is required, ifa Nationwide Permit is required then the task will decrease to $7,500.00. 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. Interest will accrue at the rate of 1.5% per month (18% per annum) if invoice is not pa.ld In full wlthln ninety (90) days. If additional report copies are requested, they will be provided at a cost of seventy-five dollars ($75.00) each, or cost plus twenty percent (20%), whichever is greater. Berg · Oliver Associates, Inc. 3780ESPR RPR 12 2002 17:01 281589¢¢87 PRGE.21 ~ LAltORATORIES, I NC, April ~ 2d02 Turner Collie &: Brnden, [nc. P. O. Box 1300~9 Houston, 'l'~xas 77219 Attention: Mr. Jim Keller, 1'.E, Reference: Geotechnical Engineering Services for l'earland Mobility and Drainage Program Yost Project on Barry Rose Road in Pcarland, Texas Job No.: 13-11256 Dear Mr. Keller: QC Laboratories. Inc. is pleased tn submit a proposal lbr thc r~i'erenced prqject. Project Descriplion A.q per thc in liorma!ion you have provided to us, we understand that the City of l'earhmd.. Texas is planning the capila. I improvement project at Barry Rose Road. The project consists of' providing gcolcchnical investigation and report for tile eonstructk,~ of' approximately 7..500 Foci of pavement and connected utility m~d fbundation rcct'm~rncndatio,'t for signal and light poles. Scnpe of Services The scope oFsurvicc~ included in this cost estimate i.*, a; fhllow~: * The Drilling will bc accomplished in accordance with current ASTM standards. We cslim;dc drilling, '~ampling and testing of' approximately ten (10~ borings, five (5) borings to a delxh of 20 feet and five (5) borings to a depth of I'0 feet at locations along the proposed roadway. All borings will be sampled continttou~ly to l0 Fret and at 5-t~ot intervals thereafter. The borings will be grouted a~er obtaining 24- hour water level readings. * l.aboratory Te.qting: The laboratory t.csting and analysis of the soil samples will be performed in accordance with TXD(YI' and ASTM slandards. The laborato~' test samp{es will be appropriately selected Iht so;I classification, to determine physical and engineering properties to &sign thc pavement (7500 t~et), underground ulilities (3000 feet) and ~'bundation design fi~r signal and light pole re¢ommendations. Engineering Analysis and Recommendations: A detailed engineering report will bc st,bmittcd with recommendations lbr ACP and Concrete pavement design, signal tbundatiolL underground utilities and will ccmsist of the Ibllowing: I ) Boring logs and test data. 2) Groundwoter conditions 3) General subsurface conditions RPR-09-2002 12:11 57X P.02 Pavement thickrtcss design Foundalion design nmi construction recolnmendsdon~ Ibr drilled shafts. Signal and lighfin~ tbLmdat[on recommendations Trench excavation con~Hcr~r[ons '1 tenth backfill ~nd beddin~ recommendations fi~r utilities. Cost Estimate The Cost estirni~te is based on the information you supplied and thc cos[ breakdown is as fbllov,.s: 2 Drilling and Sampling (Field) Qua'ntity' Rate l~;xtentled Tota l)rilling / MobJlizalion& L)emobilizatio~-- .... 150 l.f. $15.00 *$2,250 Water I..cvcl .R. cadint~?'' 6 hrs. $3.'4..00 *$204 Vehicle (.'.h~..r~e ............ I Lump. Sum $3'~. Groutin~ I;?. I.F. $3.25 ~$487. !:.~ :~ :i.'3a i!' [ ?,47:;~.-.'::J5~: ..~': i:~.~g~ '!~ii:2~5~!,?~~ i: i ~.~:~r~.~n~.~.~i~?.*.~-.::..":?..~i"~:~:.....~.~`~:~:~:..`::~...~`...?;~I ' ' Subt°'tal ~*$2'978' Testing & Reporting (Lab) _, Quan'iity Rate F.['t~'nded Total D~. L_.)ensity (.A. S'I'M D 2937) 12 $25.00 $300.00 Art_e.r..be_~ l.im[ts ('ASTM D 43 i ~;) 12 $40.00 .... $480.00 S,evc A,mlysis ('ASTM D 1140) ..... 6 $45.00 .... $270.00 -2OO" - Unconfir~cd Compression (ASTM D.. 2.166) 12 $30.00 $360.00 IMoisturc Conlcnt (AS'I M D 2216) ....... 60 $5.00 .......... $300.00 Proctor (AS'I'M 1.)698) .__ ] $130.00 _ $130.00 C.B.R. (AS'I'M D1883) 2 $155.00 .. .;/310.00 .........i...:.~.,!~ ~I~ :?' ................. t.: ?~ ..,..,f.]:. ti; ,.:.~I~.::!~'.~:~ -.r:: :. :~::~,;z~ls~ ,.:5 ~!5~;.:~.-. ~z.:-.. .~ I~:'"': :.+:',,...,,:,. ........... ~:.,,,' !,~i..r.,.,,:, ~' ", Subtotal $2,15(I.0ll Engineering &....~pport Staff Quantity Rate Extended Total Prlneipal [!n,o,.ineer (P.E.) .. 2 hfs $I00.00 $200.00 · qt, ior Engineer 8 hrs $75.00 $600._0{_) Stall' Engineer (P.E.}. [ 2 hrs $60.00 $720.00 Clerical Support '- I 0 hrs $35.06' $350.00' · ;~-....:-:: 0:~':..~ ........ I ..... · ....... - ..... ~..--.,.v::-::...'-: ~.~. ....... ~,...:.:<~:..?c-: Sub'lotal $1,8'/0.00 [ TOTAL I $ S,995.SO J Schedulc A eomplcl.cd c,ginccring ,'eport could be submitted to you approximately 5-weeks after approval oF this pruposal. Preliminary recommendations could be provided upon your request 2-weeks after the drilling operation. Contractual Considerations Thi.q leltcr, Atlach,',cnt A (Standard l'rocedures for Soil Boring.q) and Atlachmt;nt B (General Conditions R~r Engineering Services). ()ur Statement. o1' Qualifications can be tbund at .~'3.Y~.!~ ,~ l.ab~q.com. RPR-09-2002 12:~2 97X P.03 We apprcciale I. hc opporltmit.v to submit this proposal and h'mk I'orward to the succes.ct'ul completion o[' the project. It' you should have any que.~tinns tlr ,'uquire additional inlbmlatinn, please contact us at your convenience. Very Truly Yours, QC I~abon~torics. Inc. Accepted by: George I4. Purvis President Printed Name Dare Signature GHl'/ela Copies Submitted: 2 Attachmcnt.q ~ LJ~BORATORIE$~ INC. APR-09-2002 12:~.2 97~. P. 04 Attachment A Standard l'roccdures for Soil Bnr~ngs Thc following p:tcagrarff~s provide intbrmation rcgin'dmg standard prnccdurcs utilized by QC Laboratm'ie~, Inc. for soft borings associated wilh Oeotechnica; investigations. Where applicable, references lo ASTM procedures arc made. 2'hese reterences provide more thorough explanution of procedures, in ~ome eases ASTM procedures are modtficd to accommodate local conditions and practices. Fiehl d;tl.a, collected and ~oii classifications are reported on thc soil-boring log l~orlnt Ad v ancement Soil borings are ~dvanced u.sing rotary drifting methods. Auger procedures arc ~cd where possible to ullnw nh~crva.rion of groundwalcr. In unstable soils and below grnundwamr thc borings are advanced ming a rotary wash procedure to stabilize and to flush cuttings lhm~ thc boring. C;rOU}ldWater Observatiolls During the advancement of soil hm'ing.% fluid levels in fl~c borings are monitored to detect thc presence or grnundwater or stlb~t~lfacc accT~gc water. Observatiun~ arc made in general accordance with ASTM D4750. 'l'~ically, :l~c depth tha~ l?ee water i~ originally etlcotmtercd and the shorl-le/m risc characterLqtict are holed. In some cases, long-term levels arc noted. So[I Samplit,g - Auger Samples Auger ~amples ere collected as a co,t-effective method to obtain .qamples for cta~ilication and moislute cuntcnt dctcn~inafion pmpose~. Dislodged ~amples are obtained directly t?nm the uuger in general accordm~ce wit}t ASTM Di452. ~e sampJes are clussificd in general accordance with ASTM D2488 and placed m protective containers I~r return to thc lahomm~. Soil Sampling- Undisturbed Samples Soil Sampling-Standard Pcnctralion Rcprcsenr~dve disturbed ~amplc.q of' cohesion le~ ~oils are obtained fi'om borings by driving a ~o-iach outer diameter. ~plif-spoot~ sampler distance of 18 inches into thc sail with a han'~nc~ lhlling a disra,ce of 30 roches in gm, oral accordance with ASTM D1586. The number of blo~ required to drive thc sampler through de'ce, 6 inch pcneu'atinn incremenB i~ recorded and the final lwo incrcmcnLg are rammed taxi [JSlecl as thc standard perlslt'ali~ll I'=sista:lcc hi blows per After the l~enetrution lest is pcrf'ormed, the split- ~puon sampler ix removed fi'mn thc boring ~nd tile san:pie i~ classified in general accordance with ASTM D2488. A representative po~ion of thc s{¢i] is ~ealed in a gla~ jar [bt minim[zatim~ of moisture loss during transport to thc laboratory, and then placed in a protective cot~taJncr for return Io thc labm'atory and possible l,~ting. Contractual Con~itlcrations Thi.q lsflc-r, Attachment A (Standard Proccdurc~ for Soil Borings) anti ^ttachmcnt B (General C.;ondilions for 15nghleermg Service.q). Our Smlcmcnt of Qualifications can bc Ibund at ..wB..,..w.Q( i Representative undisturbed samples of cohesive and senfi-col,csive soils are obtained by pushing a 3-inch outer diamctcx, Shelby tube sampler a distance nf 2 feel Into the ~oil in general accordance with ASTM D1587. The Shelby tube ~amplcr i~ removed from u boring, and thc snil sample i, extruded in thc field. The exm:ded sample is chssilicd m general accordance with ASTM D2488. A representutive portinn of the soil is ~ealed Iht ndnhnlT, ation of moisture lu~ during transport tu thc laboratory, and fl~cn placed in a protective container for return to lhe laboratory and possible testing. ~ LArtoRA'i"OI~tl E.~, INC. RPR-09-2002 12:12 97X P.05 Attachment B General C. ondition~ for Engineering Services 'rerm.q of l'ayrll¢llt P,ymcmt is due upon pre~e,tat,'m of' invoice and is past due 30 days from invoice date. Client agree~ Io pay a finance charge al' 1.5% pcr month on past due ~ccounts. If thc invc, lce hccomc~ 60 d~y~ pas~ duc, (:on~ull~trll c~m turn thc ~ccount over tO un ul~o~cy for collection ~md Climt will pay any and all fee~ as~ociate~ wilh collection. Disputes In thc event that a L'lispule should arise relating to H~c peri'on'nonce of the. services lo bc providcd u.der H~is A~ccmcnt, and should t}~at dispL~lc result in liLigatiorl, Ibc prevailing parry shall he entitled to recover all reusonHblc costs incurred irt lhc dcfiznse of the claim, h~cluding ~ul nul limited lu ~la['l' Lime, coati costs, att:re'ney's fees, c,xpcrt fogs, and mhcr cl:m'n related expenses. Variable Camlitlons Surf'acc or subsurface co,ditions may vary fi'om lhosc cmcountcrcd, at the Iocalion where QC I.:dmrutorics collects field data..lr~terp,'~tHtions and rccommendatfo, s are based solely on thc data collected and c}~e project irffomalion ffLmishcd to QC Laboratories. Consultant will be responsible Ibr th.sc dali,, inlc~rctation~, and eecornmcnduliun5. but shall IlO[ l~C responsible JBr Val'iation~ that afc subsequently filtJllO [U exist at thc site. Thc data collected, int.crprctations, and recommc'ndations provided ureter Il'tis ugrccmm~t m'e for thc exclusive u~e of the Client or his auclmrized agcrq Ibr specific apphcatim~ Io thc project a~ described by this proposal QC Laboratories will mm.lain no responsibility ~br usc pi'thc data, intcrpretatmns or opinions by oth~s, or fi~r uny olhc~ project. Sro.tiara of Care Services performed hy Qt.: (,aboratorics undcr this Agreement will be co,ducted m u manner eo,si.~t~n[ with Ihat Icvcl of care and skdl ordinarily exercised hy rel,qlla[fic mcmb~:rs of thc profession cl. lrrclltlY pracU¢i,g under similar conditions. No other warranty, expres.qed or implied, is made. QC [.'Hmrutorics, its agcnts, .qtaff and ec,,Lsu/ta,rtls cmplcycd are prnteclcd by work~l~ insurance and 1Baill:alfl ~uch (;OvgTdgC undcr public ami prul~ssional liability and properly dum~gc insurance policies, which wc dccm to he adequaze. Ccrtilicatcs for all ~uch polk:its of insurtmcc shall Be provided to Ctic,t upon request in writing, Within thc l/m/ts ~nd condiuo.s ul' ~uch insurance, we agree lo (nttcmnJfy and save (;lien[ },urrnlcss fi'om nnd against any loss, damnge vr arising from any negligent ams hy us, our agunls, staff m~d consultants ~ploycd by u~. We shall bc rc~p~nlihle fnr any lus~ damage, or b~yend thc amoun~, limit& ami c~ndi[i~ll~ oJ' insm'ur~cc. Wc 5hall not be rc~pon.qible fi'~r m~y damage, er rh~biliLy m~ing fi'om any negligent by ClicnL it~ ngcr,B, slal'[' and other consultants cmplo)~d hy it. I)om~me~ll and Sample Control In thc event that the project requires QC t.abmat,ries lo cotlc~ samples on behalr ,r Client for our Icsling pu~oscs. QC t,aboratone~ will r~ain ~tl ~amplcs collected under this agreemcnl I~r :4 period of at [ea,~t 30 duys atiLT collectio,: however, samples remain property of tl~c ClienL At time o1' sm~plc disposal, QC Laboratories re~i.s thc r/ghl Io rcmm samples Client for disposal ihoald any }mzurduus substanccs be detected or ~u,qpecled. Olhcrwi~c, upon cumplclion of the relenlion period, QC I,ahoraturics will dispose of all samples ;t~ norrnal solid waste In ur~ mdhorizcd, pertained solid wa.qte landfill. OC Laboratories will re[am wriHcn con'cspondm~cc Io Clicmt or other agencies o, behall',f Ulicrtl Ibr u p[-riod of at Ic[~t two years after cmmspondcmcu miLiation. QC Laboratories rmai,~ the r~ghl utilize the sample data. cvaluation.q and mher correspondence I~r our bcncfit on similar projects. In consideration ur this right. QC Laboratoric~ u~ccs to maintain Client ccml~denthdity without eq~resscd consort of Cli~a to the contrary. Limitations hi" I,ialsllily QC Laboratm,ies liahility Ia any partics arising t'tofrl our prol'cssiona[ acts, error or omissiemx, will he JimilcxJ sUCh Omi QC Laboratories total aggregate liability t..Il Ihusc named shall not exceed Iwicc our total Cccs for that project. LABORATO RI E$~ I NC. APR-09-20~2 12:13 97~ P.0B SCOPE OF SERVICES BY PROJECT ENGINEER (Performed by Separate Work Authorization) II. General In general, and except as may be modified herein or directed by City of Pearland, engineering design, plans and specifications and construction procedures will follow the usual practices of the City of Pearland, will be in conformance with City of Pearland Project Procedures and Design Criteria Manual and Mil conform to approved schematic layouts and profiles. The Project Engineer will perform all requisite engineering design services for the project, including control surveys, engineering analysis and bridge foundation recommendations. Type of Service The engineering services to be performed by the Project Engineer are those services which are necessary for the preparation of design construction plans, specifications, and other items of work related thereto, all of which are hereinafter referred to as the "Design Phase Services." Design Phase Services will include but are not limited to the general type and classifications listed in the following: A. Roadway Design Controls 1. Prepare existing and proposed typical sections of all roadway elements Prepare a preliminary layout (schematic) to be used for coordination with the H & H Study and establishing the horizontal and vertical alignment. o Prepare plan and profile sheets showing horizontal and vertical geometric design including the following designs: ao Refine the horizontal and vertical alignment shown on the preliminary layout. C. Drainage Design Prepare overall and detailed drainage area maps and calculations necessary to perform the design of the storm sewer system, roadside ditches, roadside swales, culvert crossings, detention ponds and stream bridge crossings. All calculations and drainage areas will be in conformance with the Drainage Study. Prepare Drainage Plan and Profile sheets which will include plan a'nd profile information on storm sewers, roadside ditches, roadside swales, detention ponds, outfall channels, existing utilities, and cross culverts. o Prepare stormwater pollution prevention plan (SWPPP) and layout sheets showing temporary control measure during each phase ofconstructlon. Also, prepare permanent sediment filtration ponds as required by Texas Natural Resources Conservation Commission (TNRCC). Page 1 of 3 4. Prepare plan and profile drawings showing each culvert crossing. Miscellaneous Roadway Design Compute and tabulate construction quantities and prepare construction cost estimate. In addition to individual quantity summary sheets, checked quantities for each pay item of work included in the proposal form for the construction contract shall be tabulated on a general summary sheet. The general summary sheet or sheets shall conform to standards furnished by the Program Manager. Estimates will be prepared and submitted with each review submittal. Prepare roadway details sheets and modify construction standards as required. Prepare Title Sheet and Index Sheet. The Title Sheet will be in the format established by the Program Manager. The Index Sheet will include a listing of the required construction standards approved by City of Pearland. Prepare construction traffic control plans which will include the following: ao The sequence of construction and method of handling traffic during each phase. bo The existing and proposed traffic control devices that will be used to handle traffic during each construction sequence, including signals, regulatory sign, warning signs, construction warning sign, guide signs, route markers, construction pavement markings, channeling devices, portable changeable message signs, flashing arrow boards, barricades, barriers; etc. Co The proposed traffic control devices (stop signs, signals, flagperson, etc.) at grade intersections during each construction sequence. do Where detours or temporary widening are provided, typical cross sections will be shown. Road construction work hours will be developed based on traffic conditions. Prepare signing and pavement marking layout sheets. Prepare traffic signal plans and warrant study for the Barry Rose at FM 518 intersection. Prepare layout for roadway lighting conduit. Submit 30%, 60%, 90%, and Final Plans for review. Page 2 of 3 mo Culvert Details 1. Culvert Details a. Prepare culvert details to detail construction at culvert junctionS. bo Final design calculations and final detail drawings will be made in accordance with standard requirements of the program. Design calculations will be furnished to the Program Manager. All calculations wilt be checked and each page will be initialed by the Designer and Checker. Co Plans will be in sufficient detail to permit the preparation of complete shop details for fabrication. 2. ~Culvert Quantities a. A list of the checked quantities for each culvert. Page 3 of 3 SCOPE OF SERVICES BY PROJECT ENGINEER HYDROLOGIC AND HYDRAULIC STUDY Prepare a comprehensive drainage study of the project. The drainage study report will be conducted in three parts: A. Existing Conditions Analysis Schedule and attend meetings on a regular basis with City of Pearland/Program Manager for drainage coordination. o Identify existing drainage outfalls along the projects. A site reconnaissance will be performed to verify drainage outfalls, drainage patterns, and existing cross drainage structures. Supplemental topographic survey may be required to obtain pertinent physical features along the drainage outfalls. ° Obtain available hydrologic and hydraulic data and computer models (HEC-1 and HEC-2) from applicable drainage authorities, to the extent possible, for use in analysis and determination of existing 5-, 25- and 100- year water surface elevation of bayous, creeks and ditches along the projects. Prepare a watershed map and identify existing drainage boundaries. Drainage boundaries will be obtained using available contour.maps and through limited field reconnaissance. o Compute peak flows for the existing drainage and proposed systems in accordance with Brazoria County Drainage District #4 and City of Pearland criteria and methodology. o Determine the hydraulic capacity of the existing drainage structures and outfalls along the project route. The 5-, 25- and 100-year water surface elevations will be computed at the drainage outfalls. o Determine the profile of the natural ground along each proposed right-of- way, and the existing roadway profile. This data will be utilized in the development of design roadway profiles. Superimpose these profiles on a drawing along with the 5-, 25- and 100- year water surface elevations. The profile drawings will provide an overall view of the roadway/existing ground elevations with the respect to the various storm design frequencies for the length of the project. This will enable Project Engineers to determine the most feasible proposed roadway profile~ Page 1 of 3 o Summarize the above items in an interim progress submittal. Drainage areas and sheet flow will be presented graphically in an exhibit. The plans and profiles will also be included. Two copies will be submitted for review. 10. Coordinate with all applicable government agencies including Brazoria County Drainage District'//4 and City of Pearland. Preliminary Impact Analysis o o o Determine a hydraulic gradeline starting at the outfall channels for each storm sewer system in order to obtain a design tailwater for each existing system. The design tailwater will be the starting basis for the design of the proposed storm sewer system. Limit the outfalls for drainage areas into existing storm sewer to existing capacity flows, which will be determined. Alternate flow routes, if feasible, will be looked into for reliving storm sewer overload. The amount of the total detention storage to control storm sewer runoff for the design frequency will be determined. Determine drainage areas and flows for cross drainage systems as part of the preliminary impact analysis. Sizing of the drainage crossings and hydrologic information, once determined, will be provided to the Project Engineers. Calculate the cut and fill impact quantities. Determine any impact on the Right-of-Way requirements due to the above analysis. Prepare a preliminary impact analysis, which shall include the preliminary finds of the proposed cross drainage structures, bridge layouts, storm sewer capacities, requirement for line rerouting, preliminary detention storage volume and initial recOmmendations on how to mitigate the storm impact on the receiving streams. The storm sewer, conceptual and generic discussions of alternatives considered, a comparative cost associated with each alternative, and recommended solution. Provide eight (8) copies of the drainage study report to Brazoria County Drainage District//4 and of City of Pearland for review and comment. Recommendations at this point should be generic and conceptual in nature, mainly for discussions with Brazoria County Drainage District #4 and of City of-Pearland. Page 2 of 3 C. Final Impact Analysis The final impact analysis will be performed on bayous, creeks, and ditches as related to the City of Pearland and FEMA criteria 5-, 25- and 100-year storm. The impact prediction is presented as follows: Finalized drainage areas for the existing and proposed conditions along the project route. Finalize the hydraulic conveyance capacities of the existing drainage outfalls. Obtain current hydrologic and hydraulic computer models form government agencies and review and comment on the models. Current models will be updated to existing conditions and submitted to Brazoria County Drainage District//4 and of City of Pearland as the revised existing condition model. Analyze existing and proposed drainage system and quantify the increase in 100-year peak flows resulting from the roadway improvements. Compute existing and proposed peak flows by sign hydraulics and hydrologic methodology and computer models. The additional lines should be accounted for the increasing percent development. Analyze proposed roadway and outfall drainage improvement to quantify impacts to revised existing condition model. Base storage computations on hydrograph calculations and peak flows obtained in Item B above. A mitigation volume for the 100-year storm will be computed. Compute right-of-way corridor 100-year floodplain volumes for existing and proposed roadway elevations. No decrease in 100-year floodplain volumes allowed without adequate off-site mitigation. Hand calculations shall be provided which quantify the cut and fill within the 100-year floodplain, if any occur. Identify the additional right-of-way to satisfy floodplain and/or detention requirements. Prepare conceptual 100-year sheet flow analysis for the project utilizing existing and proposed conditions. Determine impacts of the proposed vertical alignment on sheet flow. o Provide eight copies of a separate drainage report (signed and sealed by Licensed Professional Engineer) to City of Pearland and Brazoria County Drainage District//4. Page 3 of 3 W LU -r W UJ ATTACHMENT D WORK AUTHORIZATION NO. 10 Exhibit "B" R2002-65 This Work Authorization is made pursuant to the terms and conditions of the Pearland Mobility & Drainage Bond Program, hereinafter.identified as the "Contract," entered into by and between the City of Pearland ("City"), and Turner Collie & Braden Inc. ("Engineer). PART 1. Work Authorization No. 10 is related to the improvement of Yost Boulevard from Broadway (FM 518) to Clear Creek. The Engineer will perform Geotechnical Investigation and Environmental Compliance under this Authorization. PART 2. The maximum amount payable for services under this Work Authorization is $32,275.00. This amount is based on the following: See attached fee proposals submitted by: Terra-Mar, Inc. dated April 3, 2002 for Geotechnical in the amount of $4,275.00, and Berg Oliver Associates, Inc in the amount of $28,000.00. PART 3. Payment to the Engineer for the services established under this Work Authorization shall be "Lump Sum." PART 4. This Work Authorization shall become effective on April 9, 2002 and shall terminate on November 12, 2005, unless extended by a supplemental work authorization. PART 5. This Work Authorization does not waive the parties' responsibilities and obligations provided under the contract. PART 6. This Work Authorization is hereby accepted and acknowledged below. ENGINEER By: '~/"~/~ By: Typed or Printed Name Bill Eisen Typed or Printed Name Title Date LIST OF EXHIBITS Exhibit A - Fee Schedule Exhibit B - Work Schedule City Manager Title April 22, 2002 Date Turner Collie Braden inc. EXHIBIT A FEE SCHEDULE Pearland Mobility & Drainage Bond Program Work Authorization No. '10 Summary 4/15/02 Pro_iect Yost Boulevard Enqineerino Services Hydrologic & Hydraulic Environmental Compliance Topographic Survey Geotech ROW Maps & Documents PS& E Traffic Control SWPPP) ROW Acquisition Assistance Materials Testing Subtotal Berg Oliver Terra-Mar Previous Authorization 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00' 0.00 Current Authorization $ 28,000.00 $ 4,275.00 $ 32,275.00 Page 1 of I Consulting Engineers · Geotechnicai · Environmental · Construction Materials Testing TurnerCollie&Bradon Inc. 5757 Woodway 'Houston, Texas 77057-1599 Att.: Mr. James W. Keller, P:E. Senior Project Manager Ph: 713-267-2787 Fx: 713-267-2857 AUSTIN · DAM. AS · FORT WORTH · HOUSTON · LONGVIEW April 03, 2002 TMI Proposal: P02-5096-HE Re: Proposal for Geotechnical Evaluation Proposed Yost Boulevard Reconstruction Storm Drainage, Paving and Signal Light Pearland, Brazoria County, Texas Dear Mr. Keller: TERRA-MAR, Inc. (TMI) is pleased to submit the following proposal to perform a geotechnical investigation for the proposed Yost Boulevard reconstruction planned between F.M. 518 (BrOadway) and Clear Creek in Pearland, Brazoria County, Texas. This proposal presents our proposed scope of services, schedule and estimated fee to provide a geotechnical report for this project. PROJECT DESCRIPTION The proposed Yost Boulevard reconstruction is planned between F.M. 518 (Broadway) and Clear Creek in Pearland, Brazoria County, Texas (Brazoria County Key Map Page Nos. 615 V and R and 616 N). We understand that Yost Boulevard' reconstruction will involve the construction of a new storm drainage underground utility line and rigid paving. Based on the available information, the proposed storm drainage utility line will have a 48-inch diameter and a maximum estimated flowline depth of about 15 feet below the existing grade. The existing Asphaltic concrete Yost Boulevard is approximately 6,000 feet long and will be reconstructed as a four-lane, rigid pavement. The new pavement is expected to be subjected to medium traffic volume consisting primarily of passenger cars, light pickups and periodical delivery trucks. In addition, a new, traffic signal light, approximately 30 feet high, is planned' at the intersectionof Yost Boulevard and F.M. 518 Road (Broadway). SCOPE OF SERVICES The purpose of our geotechnical investigation will be to evaluate the on-site, subsurface soil and groundwater conditions and develop geotechnical engineering recommendations for the design and construction of the proposed storm drainage utility line, rigid pavement and signal light foundation. Field Investigation As requested, we plan to explore the subsurf, ace conditions at the site by drilling and sampling a total j:\he\proposal\prop-O2~pO2-5096.yost blvd.tc&b,doc 7220 Langtry, Houston, Texas 77040.6698 Phone:(7131 462-7211 Fax: (713J 462-2161 Prop. osed Yost Boulevard Reconstruction April 03, 2002 Storr~' Drainage, Paving and Signal Light TMI Proposal PO2-5096.HE , Pearl~nd, Brazoria County, Texas Page 2 of 3 of eight (8) geotechnical borings at the project site. Seven (7) borings will be drilled to a depth of about 20 feet each along Yost Boulevard to obtain information for the design and construction of the proposed storm drainage and rigid pavement. The borings will be drilled to depths of 20 feet for the purpose of drilling/sampling a minimum of 5 feet below the proposed utility flow line. One boring will extend to a depth of 30 feet near the intersection of Yost Boulevard and F.M. 518 for the design and construction of the traffic, signal light foundation system. The proposed borings will be drilled and sampled in accordance with the appropriate ASTM sampling procedure. The total footage of drilling for this project will be 170 feet. The borings will be drilled with a truck-mounted drilling rig using continuous flight augers. Soil samples will be obtained continuously to a depth of ten feet, and at about 5-foot intervals thereafter until boring termination. Granular soil sampling will be performed utilizing the standard penetration test (SPT) using split spoon sampler (ASTM D 1558). Cohesive soils will be sampled using a thin walled sampler (ASTM D 1587). The boreholes will be backfilled with soil cuttings after the completion of drilling operation. Laboratory Testing Laboratory tests will be performed on selected soil samples to develop the engineering properties of the soil. These tests will include pocket penetrometer, unconfined compression (ASTM D 2166), in situ moisture content (ASTM D 2216), liquid and plastic limits (ASTM D 4318), and percent minus No. 200 sieve (ASTM D 1140), as appropriate. Engineering Analyses and Report The field and laboratory data will be evaluated to develop geotechnical recommendations for the design and construction of the proposed storm drainage, rigid pavement and signal light foundation. The results of the study will be presented in an engineering report that will include the following: 1. Logs of boring and boring site plan. 2. Water level data and laboratory test results 3. Cross section showing the soil profile along Yost Boulevard. 4. Recommendations for lateral earth pressure values for the proposed storm drainage utility line. 5. Recommendations for utility line embedment, backfill, excavation and dewatering requirements. 6. Recommendations for utility line temporary bracing and shoring in accordance with OSHA. 7. Recommendations for the design and construction of rigid pavements using the AASHTO Guide for Design of Pavement Structures, 1993. 8. Recommendations for the design and construction of a suitable signal light foundation system. 9. Recommendations to reduce any foreseeable construction related problems. Four copies of the geotechnical report will be submitted, unless otherwise requested. LIMITATIONS The proposed geotechnical investigation to be conducted at the project site will not include any environmental sampling or identification of faults. The results and evaluations contained in the final geotechnical report will be based on samples obtained from a discrete number of soil test borings, accepted engineering practices, and the professional judgment of TMI personnel. j:\he\proposal\prop-02\pO2-5096.yost blvd.tc&b.doc Proposed Yost Boulevard Reconstruction Storm Drainage, Paving and Signal Light Pe.~rl~nd, Brazor[a County, Texas Aprfl 03, 2002 TMI Proposal PO2-5096.HE Page 3 of 3 SCHEDULE Based on our current and anticipated workload we anticipate that field explorations can commence within 3 business days of your authorization to proceed. The fieldwork is anticipated to take 1 business day assuming weather conditions will permit. The laboratory testing is expected to take 4 business days, and the geotechnica! report preparation an additional 5 working days. The total calendar time to provide a geotechnical report for the project is estimated to be about 2 to 3 weeks. The recommendations can be proVided to the civil/structural engineers as they become available before the final geotechnical report is issued, if time is of the essence. LUMP SUM FEE Based on the scope of services outlined above, we will provide a geotechnical report for this project for a lump sum cost of $ 4,275. The proposed fees and project's schedule are based on the assumption that the site will be drilled by a truck-mounted drilling rig and the boring locations will be staked in the field by Terra-Mar's personnel by pacing and estimating right angles from existing features without the use of exact surveying equipment or the boring locations will be surveyed by others. An invoice will be submitted with our report and we request payment within thirty days. The prices provided for the scope of work will remain valid for ninety days from the date on this proposal. CLIENT RESPONSIBILITIES When available, TMI requests the following information be provided prior to beginning the site work. 1. Formal authorization, which may be provided by signing in the spaces on the attached Professional Services Agreement and returning one copy of this document for our files. 2. Right-of-entry permission. 3. Any restrictions, limitations or requirements for site access to be adhered to by TMI personnel. 4. Any constraints regarding confidentiality of information relating to the operations currently conducted at the subject property or other parties involved. Should any questions arise regarding this proposal or other services Terra-Mar, Inc. can provide, we will be pleased to discuss them with you. Yours very truly, TERRA-MAR, INC. Ahmad (Adam) Sayah, P.E. Geotechnical Department Manager Enclosure: Project Estimate Professional Acceptance Agreement Professional Services General Terms and Conditions j:\he\proposal\prop-02~p02-5096.yost blvd.tc&b.doc · . .-~. TER~RA~MAR ATTACHMENT PROJECT ESTIMATE - (Not to Exceed) Geotechnical Evaluation Proposed Yost Boulevard Reconstruction Brazoria County, Texas TMI PROPOSAL NO. P02-5096-HE DATE: April 3, 2002 FIELD INVESTIGATION: Seven 20-ft and one 30-ft Borings Total Drilling Footage = 170 Mobilization/demobilization Drilling/Sampling/Logging LABORATORY SERVICES Atterberg Limits (ASTM D 4318) Moisture Content (ASTM 2216) Unconfined Compression (ASTM D 2166) percent material passing No. 200 sieve (ASTM D 1140) OFFICE SERVICES Senior Geotechnical Engineer/Review Project Manager/Report Draftsman & Engineering Aid $250.00 trip 1 $250.00 $10.00 foot 170 $1,700.00 SUBTOTAL $1,950.00 $40.00 each 8 $320.00 $5.00 each 24 $120.00 $30.00 each 10 $300.00 $30.00 each 8 $240.00 SUBTOTAL $980.00 $95.00 hour 2 $190.00 $65.00 hour 15 $975.00 $45.00 hour 4 $180.00 SUBTOTAL $1,345.00 TOTAL, NOT TO EXCEED: $4,275.00 j: ~he\proposal\pro- 99\P02- 5096. XLSP025 O01 Description of Services PROPOSAL ACCEPTANCE AGREEMENT Geotechnical Services Project Name: Proposed Yost Boulevard Reconstruction Project Location: Pearland, Brazoria County, Texas TERRA-MAR Proposal #: P02-5096-HE (Cost: $ 4,275 for drillinq 170 feet, laboratory testing and final report) APPROVAL AND PAYMENT OF CHARGES. Fees will be billed to the account of, and invoices will be mailed to: Firm: Attention: Address: City: Telephone: TurnerCollie&Bradon, Inc. Mr. James W. Keller, P.E. 5757 Woodway Title: Senior Proiect Manaqer Houston State: Texas Zip: 77057-1599 713-267-2787 Fax: 713-267-2857 By my signature below, I hereby warrant that I am duly authorized to execute this Proposal Acceptance Agreement, which includes the Attachment(s) specified below, on behalf of the above named firm. PROPOSAL ACCEPTED BY: (Signature) (Print Name) TITLE: DATE ACCEPTED:. PAYMENT TERMS: Payable in accordance with the attached agreement(s). Invoices for completed work will be issued every month for continuous or extended projects unless otherwise mutually agreed upon in writing. PROPERTY OWNER IDENTIFICATION (If other than above): Name: Address: City: State: Zip: Telephone: Fax: SPECIAL PROVISIONS: Please note that TERRA-MAR reserves the right to withhold all reports until such time as TERRA-MAR receives a signed Proposal Acceptance Agreement or other written authorization referencing this Proposal Acceptance Agreement with its Attachment (the Professional Services * General Terms and Conditions indicated below) in its entirety. This Proposal Acceptance Agreement, together with TERRA-MAR'S Proposal, Unit Fee Schedule, and the attached General Terms and Conditions specified below, constitutes the entire Agreement between the Client and TERRA-MAR and supersedes all prior written or verbal understandings. - Environmental Engineering Services * General Terms and Conditions Geotechnical Engineering Services · General Terms and Conditions Construction Materials Engineering Laboratory Inspection and Materials Testing Services o General Terms and Conditions Other (describe): Environmentai Services u Geotechnical Engineering o Construction Materials Engineering and Testing DALLAS u FORT WORTH u HOUSTON u AUSTIN u LONGVIEW J:Admin~Forms~PAAgree.doc * Revised 2-10-99 TERRA-IqAR, INC. PROFESSIONAL SERVICES * GENERAL TERMS AND CONDITIONS GEOTECHNICAL ENGINEERING SERVICES The General Terms and Conditions agreed to by the parties are as follows: 1. PARTIES: Terra-Mar, Inc. (hereinafter "TMI") refers to the company performing the scope of work described herein and detailed in the TMI Proposal. "Client" refers to the person or business entity ordering the scope of work to be performed by TMI. 'If the Client is ordering work on behalf of another, Client represents and warrants that it is the duly authorized agent of the party that will benefit from the work. Unless otherwise stated in writing, Client assumes sole responsibility for the sufficiency of the work ordered. Client shall communicate these General Terms and Conditions to any third party to whom Client transmits ';ny part of TMI's work. After execution of the Proposal Acceptance Agreement to which these General Terms and Conditions are attached and made a part thereto, TMI shall have no duty or obligation to any third party greater than that set forth in these General Terms and Conditions. 2. SCOPE OF WORK: "Work" means the specific environmental, geotechnical, analytical, testing or other service to be performed by TMI as set forth in TMI's Proposal, previously referenced herein and made a part-hereof. 3. TESTS AND INSPECTIONS: Client shall ensure that all tests and inspections of the site, all materials provided, and work performed by others are delivered in a timely manner in accordance with the plans, specifications, contract documents, and TMI's recommendations. No claims for loss, damage or injury shall be brought against TMI by Client or any third party unless all reviews, tests and inspections have been so performed and unless TMI's recommendations have been followed. Client agrees to indemnify, defend and hold TMI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including but not limited to, court costs and reasonable attorney's fees in the event that all such reviews, tests, and inspections are not so performed or TMI's recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act, or omission of TMI, its officers, agents or employees. 4. SCHEDULING OF WORK: The services set forth in the Proposal will be accomplished in a timely, workmanlike and professional manner by TMI personnel or authorized subcontractors. If TMI is required to delay commencement of work or if, upon undertaking work, TMI is required to halt work due to changes in the scope of work, interruptions in other aspects of the Project, or other causes beyond the reasonable control of TMI, additional charges will be applicable and payable by the Client. 5. ACCESS TO SITE: Client will provide access to the site for TMI to perform the work. TMI shall take reasonable measures to minimize damage to the site and any improvements as the result of its work; however, TMI has not included in its fee the cost of restoration' of damage which may occur. TMI will restore the site to its former condition, upon written request from Client that provides for payment to TMI for the cost thereof. 6. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless TMI assumes in writing the responsibility of locating subsurface or latent conditions, Client agrees to indemnify and save TMI harmless from all claims, suits, losses, cost and expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to TMI's performance of its work and arising from subsurface or latent conditions, or damage to subsurface or latent objects, structures, lines or conduits where the actual presence and location thereof was not revealed to TMI by Client. 7. CONFIDENTIALITY: During the Project, TMI and its employees may obtain, directly or indirectly, secret and confidential information considered proprietary by Client. TMI agrees, on behalf of itself and its employees, to maintain the confidentiality of information formally designated as proprietary by the Client unless directed by Client in wdting to disclose the information to others. 8. RESPONSIBILITY: TMI's work shall not include determining or implementing the means, methods, techniques, sequences or procedures of construction. TMI will not be responsible for evaluating, reporting or affecting job conditions relative to the health, safety or welfare of any persons other than its own employees. TMI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the Contract documents. 9. SAMPLE DISPOSAL: Unless otherwise agreed, test specimens or samples will be disposed of immediately upon completion of the test. All drilling samples or specimens will be disposed of sixty (60) days after submission of TMI's report. All archaeological samples will be returned to Client for permanent curation following submittal of TMI's final report. '10. PAYMENT: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause within said thirty (30) day period at the rate of eighteen percent (18%) per annum (or the maximum interest rate permitted under applicable law, whichever is the lesser) until paid. Client agrees to pay TMI's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees. J:AdminLVorms~DE 50k T&Cs.doc * 1 of 2 Revised 1 ~19-99 TF..R.RA-MAR, INC. Remedies available to TMI for collection of amounts due, including mechanic's liens, shall not be limited by any contractual provision or other agreement that is not specifically made a part of this Agreement. 1'1. TERMINATION: This Agreement may be terminated by either party upon seven (7) days' prior written notice. In the event of termination, TMI shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place TMl's files in order and/or to protect its professional reputation. '12. WARRANTY: TMI's services will be performed, its findings obtained, and its'reports prepared in accordance with the Proposal which has been mutually agreed upon as well as these General Terms and Conditions. In performing its professional services, TMI will strive to perform services under these General Terms and Conditions in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This warranty is in lieu of all other warranties, either express or implied. Should TMI, or any of its professional employees, be found to have been negligent in the performance of professional services or to have breached the express warranty made herein, Client and all third parties claiming through Client agree that the maximum aggregate liability of TMI and its employees shall be limited to $50,000.00 or the amount of the fee paid to TMI for professional services with respect to the Project, whichever amount is less. In the event that Client does not agree to restrict professional liability to $50,000.00 or to the total amount of the fee paid to TMI with respect to the Project, whichever is less, Client agrees to pay for the actual cost of the additional desired insurance coverage, if such insurance is available. 13. INSURANCE AND INDEMNITY: TMI agrees to carry the following liability insurance: Statutory Workers' Compensation and Employers' Liability, Comprehensive General Liability, and Comprehensive Automobile Liability. TMI will furnish certificates of insurance on request. To the extent of the coverage limits maintained by TMI and subject to the exclusions therein and the amount of the claims paid by such insurance, TMI agrees to indemnify and hold Client harmless from all losses, claims, demands, causes of action, and suits arising out of the willful or negligent acts of TMI, its officers, agents, employees, or subcontractors, in performing professional services at the worksite, in fumishing and using equipment and materials at the worksite, or in traveling to and from the worksite. If Client specifically requires additional insurance coverage, TMI will obtain the specific insurance coverage (if procurable) at Client's expense. TMI does not indemnify Client for damage arising out of Client's independent use of TMI data, advice, recommendations and reports. '14. AGREEMENT TO ARBITRATE: All disputes related directly or indirectly to any aspect of this contract, work related to this contract, or to any matter in this contractual relationship, shall be arbitrated pursuant to and by the American Arbitration Association in Dallas, Texas. 15. PRIORITY OF DOCUMENTS: These General Terms and Conditions, together with the Proposal Acceptance Agreement and associated documents, shall control over any conflicting provisions within purchase orders, work orders, letters of intent, or other similar documents. 16. APPLICABLE LAW: These General Terms and Conditions shall be governed by and construed according to the laws of the State of Texas. The venue for all claims asserte~l under these General Terms and Conditions shall be Dallas County, Texas. END OF DOCUMENT J:Adminheorms~)E 50k T&Cs.doc * 2 of 2 Revised 1-19-99 BERG, OLIVER ASSOCIATES, .INC. En~ronmental Engineering, Science and Land Use Consultants 14811 St. Mary's Lane, Suite 263 Houston, Texas 77079 (281) 589-0898 (fax) 589-0007 TO: FAX MEMORANDUM Jim Keller Turner Collie & Braden P.O. Box 130089 Houston, Texas 77219 713-780~4 100 PROM: Colleen Raye O'Brien, P.E. Vice President Berg. Oliver Associates, Inc. FAX NU'MBER:713-780-0838 FAX NUM:BER: (281) 589-0007 COMPANY: Turner Collie & Braden NO. OF PAGES: (incl. cover) 10 SUBJECT: Env/ronmental Services Proposal DATE: April 2, 2002 Dear Mr. Keller, Attached please find our revised scope of services lbr the environmental scope associated with the proposed Yost roadway expansion from FM 518 to Clear Creek. This proposal was prepared to accommodate the Turner Collie & Braden's schedule. We are especially pleased to have this opportunity to work xvith Turner Collie & Braden and the City of Pearland on this project. Thank you, and I look forward to seeing you again. Vice President Berg, Oliver Associates, Inc. 3781E£PR ~PR 12 2002 16:50 28158'3000? P~GE.02 ATTACHMENT "A" PROPOSAL FOR PROFESSIONAL ENVIRONs'MENTAL SERVICES ENVIRONMENTAL SERYICES TLFR_N"ER COLLI.E & BRA.DEN YOST ROADWAY EXPANSION FROM FM 518 TO CLEAR CREEK BRAZORIA COUNTY, TEJC4.S PRO..[ECT NO. 3781ESPR INTRODUCTION AND PROPOSED SCOPE This Proposal for Professional Environmental Services is between Turner Collie & Braden on behalf of the City of Pearled and Berg. Oliver Associates, Inc. (hereinafter called "Berg,Oliver") wherein Berg, Oliver has been requested to provide the environmental services described within this proposal. Berg,Oliver Associates, Inc. is the selected environmental consulting firm to provide environmental specifications and plans to Turner Collie & Braden on behalf of City of Pearland (hereinafter called "Owner") for improvements to the Yost roadway expansion from FM 51.8 to Clear Creek in Brazoria County, Iexas (hereinafter termed "subject area"). Berg,Oliver Associates, Inc. will perform an Environmental Assessment in accordance with Brazoria County requirements. As part of the preliminary studies, the Owner has requested that Berg, Oliver Associates, Inc. Fro,,Sde an Environmental Investigation prepared for the proposed project. The Environmental Investigation is intended to achieve the following objectives: Define the scope of the project Determine which aspects of the proposed actton may have potential for environmental imp~ict. Identify measures and alternatives that might mitigate adverse environmental impacts. Identify other environmental review and consultation requirements that should be prepared concurrently with the Environ.mental Investigation. 'The Environmental Assessment se~,/ces are proposed to assist with the preliminary engineering and planning. To gather baseline infomaatlon to accomplish the objectives described above, the Scope of Work must include a Phase I Site Assessment, a Wetland Delineation, Global Positioning Systems (CPS) Surveying, Field Review of Wetland Function and Values, a Threatened and Endangered Species, an Archeological Rawiew, a USACE Verification, Section 404 Permitting, and Project Management and Report Preparation. AUTHORIZATION Work performed under this proposal will be authorized by the execution of this agreement by Jim Keller or another authorized signatory of Turner Collie & Braden PROJECT LOCATION AND LEGAL DESCRIYTION The project site is at the future location o£ Yost roadway expansion from FM 518 to Cle~ Creek, in Brazoria County. The exact location and legal description, if required, will be provided by Turner Collie & Braden prior to the initiation of work. Berg, Oliver Associates, Inc. 3781ESPR. PA6E 84 TASK I PROJECT MANAGEMENT AND REPORT PREPARATIONS SCOPE OF WORK Berg ,Oliver Associates, Inc. will attend three (3) project meetings including the project kick-off meeting and a summary meeting of preliminary investigations. Normal project coordination requested by Turner Collie & Braden, Inc. or the City of Pearland personnel that are necessary for the.successful completion of the Yost Project, will be covered under this categoo'. Berg, Oliver will prepare four (4) preliminary "dra~" reports of the assessment for review by the Turner Collie & Braden. These reports will be prepared in a general format. They are not intended to comply with Texas Department of Transportation or N-EPA standards. However, the assessment and documentation will be performed in a manner compatible to NEPA guidelines, should the information need conversion in the future. Upon final review preliminary drafts will be returned and all agreed changes and incorporations to the preliminary draft will be made. Six (6) permanently bound copies of the final report Wql be presented to Trainer Collie & Braden for distribution to C'i~y of Pearland and other appropriate agencies. TASK II: PHASE ONE EN~IRONM. ENTA.L SITE ASSESSMENT (ESA) SCOPE OF WORK The objective of the Phase I EnVironmental Site Assessment will be to evaluate the potential for recognized environmental conditions. The records review is proposed for the improvements for Yost road~,ay expansion from FM 518 to Clear Creek In Brazoria County, Texas. The follow/ng selected risks are standard and will be considered for this project. I. Presence of any indications of hazardous substances or petroleum products on the site or in the proximity of the site so as to emSronmentally affect or give rise to innocent landowner risk or expense. 2. Proximity to documented regulatory agency sites, including leaking underground storage tanks. 3. Previous on-site oil and gas well drill sites. 4. Effect of any adjacent land use and determination of thc extent of environmental concerns. if any, from such operations. 5. Review of former and current land use activities associated with potential waste disposal or industrial operations. The report of findings will meet and exceed ASTM 1527 E-97 standards for Environmental Site Assessments: Phase 1 Environmental Site Assessment. INVESTIGATIVE WORK Phase I environmental evaluation work will include, but may not bc limited to, the following tasks: 1) review of surface geologic and soil data; 2) review of historical aerial photographs; 3) compilation of regulatory agency site listings of potential sources of hazardous substances within a prescribed minimum search distance of the site; 4) review of selected regulatory agency files; 5) review of chain of title; 6) conduct of a site reconnaissance for signs or indications of current or previous use or discarding of hazardous substances or pclxoleum produet~; and 7) review of oil and gas drill sites. Task I: Remew' of Surface Geologic Soil Data. Task 1 ,,viii include a review of USGS topographic maps and surface soil data published by the U.S. Department of Agriculture, Soils Conservation Berg, Olivex Associates, Inc. 3781ESPR Sc'-~4cc, to determine the type of surface soils present, their physical characteristics, and the potential for surface or subsurface migration. Task 2: Review of Historical Aerial Photographs. Task 2 will include a review of historical aerial photograph enlargements for several years from-1965 (older if available) to 1992 obtained from aerial photographic fimas having inventory of the subject area. The photographs will be reviewed to evaluate previous land-use characteristics for the property and adjae, a-nt parcels. The photographs will also be checked for possible oil and gas exploration activities,, ~cial anomalies associated with waste ponds or dumps, and prev/ous commercial and industrial activities. Task 3: Regulatory ~.genc7 Site Listings. Task 3 will include a review of documented site listings fi'om the following selected regulatory agency sources: Agency 1. Texas Natural Resources Conserva- tion Commission (TNRCC) 2. U.S. EPA 3. Texas Department of Health (TDH) 4. Brazoria County Pollution Control 5. Local Fire Official hazardous waste generators, Texas Registry sites, LUST sites CERCLIS sites, RCRA sites municipal solid waste landfill sites landfill sites hazardous spill responses As a minimum, the following regulatory databases will be reviewed: Agency Listing 1. Federal NPL Site list and CERCLIS 2. Federal RC.RA Notifiers/Violators List 3. Federal Finds List 4. Federal ERNS List 5. State Superfund Equivalent Lists 6. State Landfill/Solid Waste Site Lists 7. State Registered PST Lists 8. State L.U.S.T. Lists 9. State Spills L/st 10. Local I-Iazmat Spills Radial distance from Site Being Investigated 1 Mib Radius 0.5 Mile Radius 0.5 Mile Radius Site Specific I Mile 1 Mile 0.5 Mile Radius 0.5 Mile Radius Site Specific Site Specific Documented regulatory agency sites located within the ASTM prescribed mimmum search distance will be compiled and plotted on a composite site map. Task 4: Rev/ew of Selected Regulatory Agency files. In the event that regulatory agcmcy sites are located ne~ the tract, then a subsequent review of regulatory agency files may be necessary to check tbr possible compliance violations and enforcement actions that would indicate a possible environmental risk to the tract. Task 5: Review of Chain of Title. Due to the multiple ownership for t~his project, a chain of title w/Il not be ordered and reviewed to establish land use for the past 50yearn Task 6: Site Reconnaissance - Hazardous Substances or Petroleum Product,:, Task 6 will include a site reconnaissance to evaluate current land conditions and current and former land use and to assess any anomalies identified from the aerial photograph review. A grid pat-tern of transects will be established to allow the property to be physically inspected so thatno area will not be observed. Adjacent parcels will be reviewed in the field to check for potential high-risk industries or Berg, Oliver Associates, Inc. 3751ESPR APR 12 2002 16:51 281589~007 PAGE.OS environmental features which could impact the subject tract. Site photographs of any anomalous surface features will be obtained along with site typical photographs. The reconnaissance will also include personal interviews with knowledgeable individuals and site observations for surface indications of possible underground storage tanks (UST) and oil and gas well sites located on or immediately adjacent to the property. Task 7: Review of Oil and Oas Drill Sites. Task 7 will include a review for nearby documented oil and gas well drill sites. On-site oil and gas well drill sites may pose an environmental risk to the tract if not plugged. Previous drill sites may also be associated with dull pits whicl~ could contain residual drilling muds, naturally occurring radioactive material, brine wastes, and/or produced liquids. We will review oil and gas well listings published by the Tobin Map Company or the Geomap Company. In the event that oil and gas well sites are located in the search area, then a non-scope review of the Railroad Commission of Texas (RRC) well records in Austin, Texas may be recommended to cheek for drilling and plugging records and to more accurately determine if the wells are located onsite and the status of such wells. The objective of the Phase I Environmental Site Assessment will be to evaluate the potential for selected environmental risks. TASK WETLAND DETERMINATION .,kND DELINEATION SCOPE OF WOILK 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 SO4 of the Clean Water Act and the existence of other selected wetland environmental risks. Delineation work will consist of the following tasks: l) review of NRCS Soil Survey maps for listed hyduc soils; 2) interpretation of historic and current aerial photographs, including infra red imagery; 3) site reconnaissance for wetland indicators, including hyckophytie vegetation, hydrologic conditions that occur in wetlands and for hydric soil conditions; 4) preparation of a map representing the s/zes, shapes, classifications, 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 1 will include a review ofprev/ously published soil data published by the U.S. Department of Agriculture, Natural Resource Conservation Service, to detcwrnine the types of surface soils expected to be oonfimaed by on-site soil analysis. Task 2: Review of Aerial Photog[..aphs: 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 ir~specting the property under the field procedures outlined in the 1987 Manual for Wetland Determination by the U.S. Army Corps of Engineers. Identified wetlands will be classified as "isolated," "adjacent," or other jurisdictional waters. Transects will be performed across the property, perpendicular to thc nearest watercourse. Samples of vegetation, soils, and hydrology indicators will be taken at each change in topography or vegetation. Vegetation samples ,,,-ill be evaluated and recorded at each sample area. Upland vegetation will be verified, for it is as significant as wetland vegetation in the determination process. Inspection of the property for evidence or lack of v,.etland hydrology will be performed at Berg, Oliver Associates, Inc. 3781ESPR APR 12 2002 !6:52 281589000? PAGE.OS OLIVER AS'.50C PAGE each sample area. Soil samples wSl! be evaluated at each test site for their hydric and non-hydric characteristics. Non-hydric soils verify upland stares and are as significant as hydnc soils in the determination process. As many as 50-~ sample sites, evaluating vegetation, soil, and hydrology criteria, may be necessary. Task 4: Preparation cfa Map Representing Wetland Areas: Task 4 will include the preparation cfa scaled map to show wetland areas and the limits of Jurisdictional Waters. Upon completion of the site reconnaissance and in-office analysis of the study data, the boundaries of the areas de~ermined to be Jurisdictional Waters of the United States will be plot'ted on a scaled map. Based upon field data collected and cross-section measurements, taken while performing site reconnaissance, each Jurisdictional area will be depicted with the following information: (1) size and shape; (2) surface area calculation (acres); (3) classification; and (4) combined total wetland and Jurisdictional Water area calculations for the cnth'e subject tract. Task 5 Flagging of Wetland Areas:. Task 5 will include the flagging of the jurisdictional areas for survey by GPS equipment. It is recommended that the jurisdictional areas identified be located by a RPLS survey or a Global Positioning System in order to obtain more precise location and size of the jurisdictional areas for project planning purposes. Upon completion of the survey information the final report submitted to the chent from Berg, Oliver Associates w'ill reflect the surveyed data. Task 6: Rgort Preparation: Task 6 will include the preparation cfa final report. Upon completion of the site reconnaissance, data translation, and map preparation, a report will be completed. The report will include a discussion of methodology used to delineate the tract, site findings, copies of all historical information reviewed, such as USGS topographical maps, Ix/RCS soil survey maps, aerial photographs, site photographs, USACE routine data sheets, and a wetland delineation map. TASK IV GPS SL.rRVEY SCOPE OF WORK In order to verify the wetland areas and the limits of the jurisdictional waters for the Yost expansion project located on FM 518 and south of Clear Creek, a survey of the limits of the potential jurisdictional wetlands will be needed. The City of Pearland must survey the juris&ctional waters, so that the delineation can be verified by the USACE. If the City chooses to have Berg, Oliver perform the GPS Survey, it will be invoiced as additional service (approximate cost of $1,800.00). TASK V Fi-ELD REVIEW OF WETLAND FUNCTIONS AND VALUES SCOPE OF.. WORK BOA will prepare a RAPID wetland evaluation that documents the actual function and value of the wetlands within the project ROW for the Barry Rose project. Function and value will not be determined on other waters of the U'.S. such as ditches, ponds, and streams. This review of the function and value is needed for the mitigation design and to show in the pem~it (s) that the mitigation replaces the "function and value" of the wetlands that will be filled. BOA will me thc USACE's Wetland Functions and Values: Description Approach method that has be used with other permit(s) in the USACE - Galveston District. This method quickly assesses 13 functions: · Groundwater Recharge/Discharge · Floodflow Alteration Berg, Oliver Associates, Inc. 3781ESPR APR 12 2882 16:53 281589880? PAGE.O? 2815898[a07 BERG OLIVER AS'.5OC PAGE 88 Fish and Shellfish Habitat Sediment/Toxicant Retention Nutrient Removal Production Export Sediment/Shoreline Stabilization Wildlife Habitat , Recreation ' , Education Scientific Value · Uniqueness/Heritage , Visual Quality/Aesthetics , Endangered Species Habitat Representative photographs of each wetland type will be taken to be included in the final report and permit(s) where necessary. Texas Department of Transportation (TxDOT) will review the report that will be prepared by the consultant before the permit(s) pre-application meeting. TASK VI TI.EREATENED AND ENDANGERED SPECIES ASSESSME~IT SCOPE OF 'WORK The objective of the 'l'lareatened and Endangered Species Assessment is to evaluate the potential for the existence of critical or irreplaceable habitats which are considered protected under the Endangered Species Act of 1973 and subsequent amendments and listings. The following selected evaluations will be considered for this project: Review of Agency Information and Listings: A review of all listed l%reatened and Endangered Species by thc U.S. Fish and Wildlife Department along with review of various State information. Review of Selected Information: If reasonably available, the review of previous Threatened & Endangered Species studies and conclusions conducted for other prOjects within the vicinity of the subject site. Site Review for Project Impacts to Habitat: A review oft. he physical site for indications of potentially critical habitat and/or nesting sites. A Site Assessment for Threatened or Endangered Species will consist of the following subtasks: 1) Review of Agency Listings for estimated habitat boundaries; 2) Consultation with appropriate agencies for specific in.formation; 3) Site Reconnaissance and biological impact assessment. Task 1: Review of Agency Listing for Estimated Habitat Boundaries. The listings currently maintained by the U.S. Fish and Wildlife will be evaluated to determine if any of the listed species may be shown to potentially inhabit the area. Task 2: Consult with Appropriate Agencies. Task I results may prompt specific needs for additional current infomaation. Several private sources and agencies will be interviewed for information regarding specific species having potential for the habitation of the subject site. 'task 3: Site Reconnaissance and Biologica!..Impact Assessment. The biological aspects of the potential habitat will be physically reviewed and documented to detcn-aine if the habitat is a desirable or reproductively useful to the specific species. The site will be reviewed for biological Berg, Oliver Associates, Inc. 3781ESPR APR 12 2802 16:53 28158'3000? PAGE.08 indicators of presence. If marginal or suspicious habitats are encountercd, a specialist on the specific study species will be consulted and included in the site impact as~essme'nt. TASK VII I-IISTORICAL, CULTI..~.AL AND ARCI-t'EOLOGICAL REVIEW SCOPE OF WORK Thc objective of the Historical, Cultural and Arche°logical Assessment is to eValuate the detectable existcmce of sites of siguificant historical, cultural, and archeological public value on the subject site. Ihe cultural resources survey will be conducted by subcontract and incorporated into the more complete assessment dcscribed hercin. The following task can be p~rformed for this project. Review of Historical~ Cultural and Archeologica] Records: A review of available historical, cultural, and archeological documems and State Historical Commission records to assist in the evaluation of prior hislorical use and the presence or absence of recorded historical, cultural and/or archeological sites. TASK VIII USACE VERIFICATION S COPE OF WORK USACE verification will be required and will include inspecting the property under the field procedures outlined in the 1987 Manual for Wetland Determination by the U.S. An'ny Corps of Engineers. Berg, Oliver will coordinate a site visit with the U.S. Army Corp of Engineers to confirm the findings and the sizes of jurisdictional waters. Berg, Oliver will submit data forms to the USACE before the initial site visit. The findings will be incorporated into a report to be submitted to the USACE and the client. TASK IX SECTION 404 PER~.IlTTING AND SUBMITTAL SCOPE OF WORK Preparation of Mitigation Plans/Documentation Berg,Oliver Associates, Inc. will prepare the permit application packages for the permits required for construction and act as the Agent for the City of Pearland in the coordination process. The USACE will determine he types of pemaits required for the various projects. BOA will prepare mitigation proposals in coordination with Turner Collie & Braden and the City of Pearland. BOA will work with the City of Pearland to identify areas for the potential mitigation. Site visits may be necessary to review the potential mitigation area(s). The consultants will prepare the conceptual mitigation plans to include with the permit application. The mitigation plan will include discussion of monitoring and management and compliance reporting activities that are planned to be part of permit conditions. USACE Permit Application Preparation Task 1: Permit Pre-Application Meeting. Prior to the pre-application meeting, a rapid wetland evaluation report that documents the actual function and value of the wetlands to be filled will be prepared for the City of Pearland's review. BOA will accompany representatives of the USACE, Texas parks and Wildlife (]'PW'D), and the U.S. Fish and Wildlife Set-v/ce (U'SFWS) on a site visit to view wetlands to be filled as well as review the proposed mitigation site(s). Berg, Oliver Associates, Inc. 3781ESPK APR 12 2002 16:54 281589000? PgGE.09 Task 2: Preparation of Permit(s) Application Documentation/Repo~. BOA W~ll work with Turner Collie & Braden, Inc. and the City of Pearland to prepare the necessary permit application documentation and report, for submission to the USACE. This documentation and report will include identification of the applicant, point of contact, project description and location, direct and indirect environmental effects, avoidance and minimization efforts, preparation of permit(s) documentation including an Analysis of practicable Alternative, Section 404.C0) (1) Environmental Evaluation, Texas Natural Resource Conservation Commission (TNRCC) 401 Certification Questionnaire and Alternatives Analysis Checklist, site photographs, proposed mitigation, and other agency coordination. The text of the permit(s) report will refer to exhibits (maps) that will also be prepared and included. BOA will prepare the pem~it(s) for the review by Turner Collie & Braden and the City of Pearland. Task 3: USACE Permit(s) Coordination. The permit(s) application for the Barry Rose project will be provided by the USACE and TNKCC to lbllow the requirements of the General Conditions of an Individual Permit application or a Nationwide Permit notification. BOA will assist the client with responding to comments on the permit(s) application(s). Task 4: TNRCC Coordination for Water (~uality Evaluation/Certification. BOA will coordinate with the TNRCC regarding the proposed fills, mitigation, and impacts to state water quality. PROJECT SC.It-EDL~LE Task I-VIII arc projected to be completed ~4thin forty-five (45)working days of the receipt by Berg, Oliver of this executed propOsal/agreement from Turner Collie & Braden 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 BOA. The project completion schedule is thc 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 rexdew, Turner Collie & Braden, the Owner, or the Corps of Engineers. CONFIDENTIALI~ OF ASSESSME.NT The Environmental Investigation and all related work and services of Berg, Oliver are confidential unless otherwise stated. Berg,Oliver is hereby employed by Turner Collie & Braden on behalf of the City of Pearland and as such the report, its findings and all correspondence and work product, written or oral, which relate to the findings of this study are strictly confidential and privileged between BOA, Turner Collie & Bra&n, and City of Pearland. Berg,Oliver will share the report findings only upon receipt of a request from Turner Collie & Braden 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. .3781ESPR aPR 12 2002 16:55 28158'9000? PRGE. 10 BASIC COMPENSATION AND METHOD OF PAYMENT Berg,Oliver Associates, Inc. proposes to provide the environmental services described above to Turner Collie & Braden on behalf of the City of Pearland for the lump sum amounts as follows: TASKS TASK I: TASK II: TASK III: TASK I¥: TASK V: TASK VI: TASK VII: TASK VIII: TASK IX: LUMP SUM PROJECT MANAGEMENT AND REPORT PREPARATION $ 4,100.00 PHASE I ENVIRONMENTAL SITE ASSESSMENT $ 3,600.00 WETLA:ND DELINEATION AN'D DETEIL. M. INATION $ 5,500.00 GLOBAL POSITIONING SYSTEM (GPS) SURVEYING $ -0- FIELD REVIEW OF WETLA~ FUNCTION ANrD VALUE $ 2,000.00 THREATENED AND ENDANGERED SPECIES $ 1,500.00 ARCHEOLOGICAL REVIEW $ 1,200.00 USA. CE VERIFICATION $ 2,600.00 SECTION 404 PERM[ITTING AND SUBMITTAL $22~000.00' TOTAL 24:2,500.00 If Nationwide Permlt: TOTAL - $28,000.00 *This task ttvsumes that an Individual Permtt is required, ifa Nationwide Permit is requb'ed then the task will decrease to $7,500.00. 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. Interest will accrue at the rate of 1.5°/, per month (18% per annum) if Invoice Is not paid in full within ninety (90) days. If additional repor~ copies are requested, they will be provided at a cost of seventy-five dollars ($75.00) each, or cost plus twenty percent (20%), whichever is greater. POTENTIAL ADDITONAL SERXrlCES: Limited ]Phase II Site Investigation - The objective of the Limited Phase II Site Investigation is to identify, to the extcmt feasible, the presence or absence of selected specific material, s which may be listed by the Environmental Protection Agency, Texas Natural Resource Conservation Commission, or other government agency, as hazardous or toxic materials or petroleum products. This investigation is limited to the large pile of spoil material of unkno~-n source located at the end of Yost Road. The Limited Phase I[ Site Investigation can be performed by Berg,Oliver Associates, Inc. as an additional service. Berg, Oliver Associates, Inc. 3781ESPR