R2004-007 01-26-04 RESOLUTION NO. R2004-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING WORK AUTHORIZATION #i3 SUPPLEMENT #1
FOR ENVIRONMENTAL COMPLIANCE AND GEOTECHNICAL SERVICES
ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND
PROGRAM (PRELIMINARY INVESTIGATION-MAGNOLIA ROAD).
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 Authorization #13 Supplement #1,
which is attached hereto as Exhibit "A".
Section 3. That Work Authorization #13 Supplement #1 for environmental
compliance and geotechnical services associated with the preliminary investigation for
Magnolia Road is hereby approved.
PASSED, APPROVED and ADOPTED this the 26th dayof January ,
A.D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
ATTACHMENT D
Exhibit "A"
Resolution No. R2004-7
WORK AUTHORIZATION NO. 13
SUPPLEMENT NO. 1
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. 13, is related to Magnolia / Southfork / John Lizer
Study. The Engineer will perform Environmental Studies and Geotechnical Studies.
PART 2. The maximum amount payable for services under this Work Authorization
No. 13 Supplement No. 1 is $51,790.00. This amount is based on the attached fee
proposals submitted by Berg Oliver Associates, Inc. for Environmental Studies, dated
December 1, 2003 for $22,300.00, excluding any 404 permitting activities and Tolunay-
Wong Engineers, Inc. for Geotechnical Engineering services, November 11, 2003, for
$29,490.00.
PART 3. Payment to the Engineer for the services established under this Work
Authorization shall be "Lump Sum Basis".
PART 4. This Work Authorization shall become effective on January 27, 2004 and shall
terminate on November 12, 2005, unless extended by a supplemental work authorization.
PART 5. This Work Authorization does not waive the parties' responsibilities and
obligations provided under the contract.
PART 6. This Work Authorization is hereby accepted and acknowledged below.
ENGINEER
CITY OF PEARLAND
~¥2_!q~< ~, ~t(~c~d ~ Bi 11 Ei sen
Typed or Printed Name
Typed or Primed Name
Title
Date
LIST OF EXHIBITS
Exhibit A - Fee Schedule
Exhibit B - Work Schedule
City Manager
Title
I - 2.g- o4
Date
Turner Collie Braden Inc. 1/9/2004
EXHIBIT A
FEE SCHEDULE
Pearland Mobility & Drainage Bond Program
Work Authorization No. 13
Supplement No. 1
Summary
Project
Magnolia / Southfork / John Lizer
Enclineerin~ Services
Hydrologic & Hydraulic
Environmental Compliance
Topographic Survey
Geotech
ROW Maps & Documents
P$~E
Basic Services
Traffic Control
SWPPP
Direct Cost
ROW Acquisition Assistance
Materials Testing
Subtotal
Total to Date
Berg Oliver
C.L. Davis
Tolunay-Wor,g
-Previous
Authorizatior~
$0.00
$o.oo
$114,645.00
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$o.oo
$114,645.00
Cur~e~[
Authorization
$22,300.00
$29,490.00
$o.oo
$51,790.00
$166,435.00
Page 1 of I
PROPOSAL FOR PROFESSIONAL ENVIRONMENTAL SERVICES
ENVIRONMENTAL SERVICES
TURNER COIJ. JE & ImADEN
MAGNOLIA ROAD FROM SH 288 TO PEARLAND PARKWAY
APPROXIMATELY $ MILES 100 lrOOT RIGHT-OF-WAY
BRAZORIA COUNTY, TEXAS
PROJECT NO. 4629ES0~3~
INTRODUCTION .AND PROPOSED SCOPE
This Proposal for Professional Environmental Set. ices is between Turner Collie & Braden on behalf of the
Ci~' of P~daed .and Berg~Oliver As.vociates, Inc. (hereinafter called "Berg,Oliver") wherein
Berge Oliver has been requested to provide the envirommmml sO-~'c~ described within this p .r0P°s~L
Berg,Oliver Associates, Inc. is thc selected ¢nviruc~cc~t, al consulting firm to provide environmental
specifications and plans to Turner Collie & Braden, o~ behalf of City of pearland (hereinafter c. allod
"Owner"), for improvements to the Magno~ roaAway expansion from SH 288 to Pearland parkway (5
miles) in Brazoria County, Texas (hereinat~ termed "subject area"). Berg'Oliver Associates, Inc. will
perform a~ Environmental Assessment in ac~x~rdance with Brazoria County requirements. As part of the
· preliminary studies, the Owner has r~quested that Berg ~ Oliver Associates, Inc. provide an Environmental
Luvestigation prepared for the proposed project.
The Enviromnental Investigation is imended to achieve the following objectives:
1. Define the scope of the project
2. Determine which aspects of the proposed action may have potential for ertvironmental impact.
3. Identify measures and alternatives that might mitigate adverse environmental impacts.
4, Identify other environmental review and consultation r~quifements that should be prepared
concurrently with the Environmental Investigation.
The Environmental Assessment services are proposed to assist with the preliminmy engineering and
planning. To gather baseline information to ac~.omplish the objectives described above, the Scope of Work
must include a Phase I Site Assessment, a Wetland Delineation, Global Positioning Systems (GPS)
Surveyin.~; Field Review of Wetland Function and Values, a ~tened and Endangered Species, an
Areheological Reviov, a USACE Verification, Section 404 Permitting, and Project Management and
Report Preparation.
_A .U~. ,HORIZATION
Work performed under this proposal will be authorized by the execution of this agreement by Jim Keller or
another authorized signatory of Turner Collie & Brade~
PROJECT LOCATION.AND LECsAL DESCRIPTION
The project sit~ is at the future location of Magnolia roadway expansion from SH 288 to Pearland Parkway
($ miles), in Brazoria County. The exact location and legal doscription, if requiveaJ, must bo provided by
Turner Collie & Braden prior to the initiation of worL
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PROJECT MANAGEM~.NT AND R~PORT pRF. PARATIONS
SCOPE OF WORK
Berg. Oliv~x Ass~ Inc. will auend three (3) project mee~o including the project kick-off raee6ng and a
s,,mm~'y rJ0~io.g of pfeliflliIlal'y inventions. Nol~ projo{~ o)ofdin~ [~qll~ by Turner Collie &
Brad~ Inc. or thc City of P~arland personnel ff~t arc nec~ssaoy for the successful coa~?letion of the Magnoli~
Project will be covered under fffis category.
Berg, Oliver will prepare four (4) preliminary "draft" reports of the assessment for review by Turn~
Collie & Bradcn. These reports will be propared in a general format. They are not intended to comply
with Texas Department of TranslXn'tation or NEPA standards. However, the assessment and
documentation will be po-formed in a raatmer compatible to NEPA guidelines~ should the informatio~ need
conversion in the future. Upon final review, preliminary dra~ will be returned and all agreed changes and
incorporations to the preliminary draft will be made. Six (6) permanently bound copies of the final r~port
will b~ presented to Turner Collie & Braden for distribution to City of Pearland and other appropriate
TASK iq..
PHASE QNE ~N~IROI~I~ NTAL SITE ~.SSESSMENT
SCOPE OF WORK
The objective of the Phase I Enviro.,xmental Site Assessment will be to evaluate the potential for
recognized environmental conditions. The following selected risks are standard and will be considered for
this project.
1. Presence of any indications of hazardous substances or petroleum products on the site or h~
the proximity of the s~ so as to eavirc~nental~ affect or give rise to innocent landowner
risk or expense.
2. Proximity to documented regulatory agency sites, including leaking undergromld storage
tanks.
3. Previous on-site oil and gas well drill sites.
4. Effect of any adjacent land use and determir~io~ of the 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 E 1527-2000 standards for Environmental Site
Assessments: Phase I Environmental Site Assessment.
INVESTIGATIVE WORK
Phase I environmental evaluation work will include, but may not be limited to, the following tasks: 1)
review of surface geologic and soil data; 2) review of historical aerial photographs; 3) compilation of
regulatory ageacy site listings of potential sources of hazardous substances within a prescribed minimum
search distance of the site; 4) review of sd~xl regulatory agency files; 5) review of chain of title; 6)
co~du~t of a site reconnaissance for signs or indications of current or previous use or discarding of
b__~-~rdous substances or petroleum products; and 7) review ofoil and gas drill sites.
Task 1' Review of Surfaco Geologic Soil Data. Task 1 will include a rvview of USGS
topographic maps and surface soil data published by the U.S. Depastment of Agriculture, Soi}s
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Conservation Service, to determ~e the type of surface soils present, their physical characteristics,
and the poteffdal for surfac~ 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 the present, obtained
from aerial photographic £u-t~s having inventory of the subject area. The photographs will be
reviewed to evaluate previous land-use cluu'acteristics for the property and adjacent parcels. The
photographs will also be checked for possible oil and gas exploration activities, sunCicial anomalies
associated with waste ponds or dumps, and previous eonunercial and industrial activities.
Task 3: Regulatory _A~ency Sit~ Listings. Task 3 will include a review of documented site listings
from the following selected regulatory agency sources:
1. Texas Commission on
Envirocaaiental Quality (TCEQ)
2. U.S. EPA .:'- ~
3. Texas Department of Health (TI)lq)
4. Brazoria Count)' Pollution Control
5. Local Fire Offic~
Listing
hazardous waste generators,
Texas Registry sites, LUST sites
CERCLIS sites, RCRA s~ea
municipal solid waste landfill sites
landfill sites
hazardous spill respor~es
As a minimum, the following regulatory databases will be reviewed:
Agency Listing
Radial distance fi.om Site Being Investigated
1. Federal NPL Site list and CERCLIS
2. Federal RCRA NotifiersNiolators List
3. Federal Finds List
4. Federal EKNS List
5, State Supeffund Equivalent Lists
6. State Landfill/Solid Waste Site Lists
7'. State Registered PST Lists
$. State LU.S-T. Lists
9. State Spills List
10. Local Hdzmat Spills
1 Mile 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 presort'bed minimum search distance
will be compiled and plotted on a composite site map.
Task ~t: Review of Selected Re~latorV 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 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 this project, a chain of title
will not be ordered and reviewed to establish land use for the past 50 years.
Task 6: Site Recontmissance - Ha~,ardous Substanees or Petroleum Products. Task 6 will include
a site reconnaissance to evaluate current land conditions and current and former land use and to
assess any anomalies identified fi~ the ae~rial 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
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environmental features which could impact the subject tract. Site photographs of any anomalous
surface features will be obtained along with site typical photographs. Tho reconnaissance will also
include persomd interviews with knowledgeable individuals and site observatioes for surface
indications of possible underground storage tauks (UST) and oil and 8as well sites locat~l on or
immediately adjacent to the property.
Task 7: Review of Oil and (~as 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 drill pits which could
contain refidual drilling muds, naturally occurring radioactive ma~ial, brine wastes, and/or
produced lkluids. 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 ¢~m~mission of Texas (RRC) well records in Austin,
Texas may be recommended to check for drilling and plugsing records and to more accurately
de~ermine if the wells are located onsite and the smms of such wells. ~e objective of thc Phase I
Environmental Si~ Assessment will be to evaluate the poten6al for selected envh-onmen~al risks.
TASK III
WETLAND DETERMINATION AND DELINEATION
SCOPE OF WORK
objective of the Delineation is to evaluate the potenfal for the property site or any portian of the site to be
classified as a "l 'unsdic6oml Water of the United States" under Section 404 of the Clean Water Act and the
Delineation work will consist of the following tasks: 1) r~ewofNRCS Soil Survey maps for listed hydric soils;
2) interpretation of~ and current aerial photograph~ including infra red image~, 3) site reconnaissance
for wetland indicators, including hydrophytic v~ hydrologic conditions that occur in m~lands and for
hydric soil condifiom; 4) preparation of a map representing thc sizes, -shapes, classificatiom, and locati0os of any
jurisdictional areas detected; 5) flagging of"jurisdictk~ml" areas; and 6) preparation of a report of findings.
Task 1: .~z, view ofNRCS So~ Surveys.: Task I wi]l include a review of previously published soil data
publisl~d by the U.S. Depm'm',ent of Agriculture, Na~al Resource Conservation Service, to ~
the types of surface soils ext~ct~ m be ~ by o~s~ soil analysis.
Task 2: Review of Aerial Phoghgm_vhs: Task 2 will include a review of histOrical aerial color and
black/white photographic esdar~ for selected years. Infrared color photographs will be analyzed
for the presence of wetland sisrmmre color d/mo~. ~tion for all pho~ographic ~fion
will be compared to locate recun4ng sites where wetland signatures m,e pre~
Task3: Site ReconmJssance for Wetland Indicators. Task3 will include inslnctjngthepropmyur~ier
the field procedures outlined in the 1987 Manual for Wetland Determination by the U.S. Army Corps of
Engineers. Identified wetlands will tx: classified as "isola~xl," "adjace~" or other jurisdictioml waters.
Transects will tn perfonmd across the property, perpendicular to the nearest wa~ Samples of
vegetation, soils, and hydrology indicatoes will be taken at each change in ~hy or vegetation.
Vegotat~ samples will be evaluated and roc~decl at each sample area. Upland vegetation will be
v~ified, for it is as signifr,~nt as wetland vegetation in the de~xmination process. Inspection of the
propo~ for ~ or lack of wetlmxl I~,drolo~ will be performed at each sample area. Soil samples
will be evabj~_ _t~d at em:h test site for their hydric and no~-hydric characleristics. No~hydric soils ~ h~'y
upland status and are as significant as hydric soils in thc determh~ation process. As rrumy as 50+
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Task 4: Prepara~ of a Mao Repr~'-,g Wetland Areas: Task 4 will inch~ the preparation of a
scaled map tn show wetland areas and thc !imlts of Jurisdictional Wata, s. Upon completion of the s~
Jurisdi~ Wa~aws of thc Uni~ States will be piotmd on a scaled map. Based upon fi~ld data
Jurisdictional area will be dqaicl~ with the folknving infotqnation: (1) siz~ and shape; (Z) surface area
calculation (acres); (3) classifr, ation; and (4) combined t,:nal w,~md and ~'uri~lictional Wa~ area
T~ask 5: Fh?__~ of Wetland Are~..: Task 5 will include the flavor, lng of the jurisdictional areas for
survey by GPS equipment. It is recommended that thc jurisdictioml areas identified be local! by a
RPLS survey or a Olobal Positioning ~ in ord~ to obtain more precise location and siz0 of the
juri~i~ areas for proj~ plann~ purgases Upo~ ca~picfion of tl~ sur~ ~,~mati~ tl~ final
report sulnnimd tn thc cliaat from Berg,Oliver ~iates will reaqect the surveyed data.
Task 6: R. epoa ~: Task 6 will imlude th~ preparation of al final repoa. UPea compiling- o;
the site r~ data translation, and map preparation, a report will be completed. The repca't
will include a discussion of methodology used to detine~ thc tract, site findings, copies of all h~oric~
information ~ such as USGS tqpograpMcal maps, NP, CS soil survey maps, aerial p~hs,
site pbotngrapl~, USACE rotrdne data sheets, and a w~md ~on map.
GPS SURVE.Y.
SCOPE OF WORK
In order to verify the wetland areas and the limits of the jurisdictional waters, a GPS or ILPLS survey of
identified jurisdictional areas will be needed. The sur~ey must follow the USACE Standard Operating
Procedure dated October 22, 2003. The City of Pearland can survey the jurisdictional waters, so that the
delineation can bc v~'ifiod by the USACE. If the City chooses, Berg. Oily¢r can perform the GPS Survey.
TASK V
FIZ~ I~VlXW OF W~:TI. Ab'D Ftr~CTIONS AI~ VALUES
SCOI'K OF WORK
BOA will prepare a RAPID wetland evaluation that docum~ts the actual function and value of the
wetlands within thc project ROW for the Magnolia Roadway expansion. Function and value will not be
d~ermiaed on other waters of the U.S., such as ditches, ponds, or 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/lpproach method that has be used with other permit(s) in the USACE -
Galveston District. This method quickly assesses 13 functions:
o Gro~t~ Recharge/Discharge
Floodflow Alteration
Fish and Shellfish Habitat
e Sediment/Toxicant Ketention
· Nuu'ient Removal
· Production Export
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· SedimentYShor~line Stabilization
Wildlife Habitat
Recreation
Education Scientific Value
o Uniqueness/Heritage
· Visual Quality/Aesthetics
· Endangered Species Habita~
Represemative photographs of each wetland type will be taken to be included in the fmal report and
permit(s) where necessary. Texas Departmmt of Traaspormtion (TxDOT) will review the report that will
be prepared by the consultant before the permit(s) pro-application meeting.
TASK VI
THREATENED AND ENDANGERED SPECIES ASSESSMENT
SCOPE OF WORK:
The objective of the Threatened and Endangered Species Assessment is to 'evaluate 't~e potential for the
existence of'critical or irreplaceable habitats which are considered protected under the Endangered Species
Act of 1973-and subsequmt amendments and listings. The following selected evaluafioos will be
considerO, for this project:
Review of Agenqy Informati,m and Listing:fi: A review 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 Infon~tio. n: If reasonably available, the review of previous
Threatened & Endangexed Species studies and conclusions conducted for other projects
within the vicinity of the subject site.
Site Review for project 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 1: Review of Agent3' Lis.ting .for Estimated Habitat Boundaries. The listings currently
maintained by the U.S. Fish and Wildlife will b~ 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 resuks 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 ~.: Site Reconnaissance and BiologicaJ Impact Assessment. The biological aspects of the
potential habitat will be physically reviewed and documented to dcm'mine if the habitat is a
desirable or reproductively useful to the specific species. The site will be reviewed for biological
indicators of pressmce. If marginal or suspicious habitats are encountered, a specialist on the
specific study species wiU be consulted and included in the site impact assessment.
Bexg,Oliver A_~$o~iate~, Inc.
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TASK VII
HISTORICAL, CULTURAL AND ARCFIEOLOGIcAL REVIEW
SCOPE OF WORK
The objective of the Historical, CuRural and Archeoiogical Assessment is to evaluate the detectable
existence of sites of significant historical, cultural, and ar¢lgological public value on the subject site. Thc
cultural resources survey will be conducted by subcontract and incorporated into the more complete
assessment described hercim Th~ following task can be performed for this project.
Review of Historical, Cultural and Archeol0gical Records: A review of available historical,
culturaL, and areheologieal documents and State Historical Commission records to assist in the
evaluation of prior historical use and the Pr~-,~ce or absence of recorded historical, cultural and/or
areheological sites.
TASK V'IXI ....
USAC~ VERIFICATION
SCOPE OF WORK
USACE verification will be required and will inckgie inspecting the ~ under the field groccdu~ ouUh~d
in the I987 Manual fa' Wcti~nd l)cttmnimtion by ~e U.S. Army Co~ps of Engimmrs. Berg, Oliver ~
,-.,oordiaate a site visit with the U.S. Army Corp ofEngine~ w c:oafu'm ~e ~ a~t the sizes of'jurisdictional
waters, Berg, Oliver will submit data forms to the USACE beaeore the initial site visit. The fmdings will be
incorporated into a report to bc subrniOo__ _~ to the USACE and the client.
TnSKIg_
SECTION 404 PERMITTING AND SUBMITTAL
SCOPE OF WORK
USA(~E rermit Applica~n l~-pnrntion
Task I: Permit ~e-Applicatjon MeetinR. Prior to the pre-a~plication meefng a rapid wetland
evaluation report that documents the actual function and value of the wetlands to be fdled will be
prepared for ~he City ofPeadand's t~riew. BOA will ~ represe~tives oftbe USACE, Texas
Parks and Wildl~ CITWD), and the U.S. Fish and Wildlife Service (USFWS) on a site visit to view
wetlands to be filled as weU as review the proposed mitigation site(s).
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Task 2: prep~__fice__ cf Perm, s) Al~ik~tio~ ~tiorfRepo~.. ~A ~ w~k ~ T~
~~ ~ ~ ~ ~~ ~ ~ USACE. ~ ~ ~ ~ ~ ~1~
~t~ of ~ a~ ~ of ~ ~ ~i~ ~ l~fi~ ~ ~ ~t
~~ ~ ~o~ ~ ~~ ~' p~i~ of ~s) ~n
~l~g ~ ~g of~b~ ~~ ~ ~ ~) (I) En~l E~fi~ T~
c~~ m ~~ ~ ~ 4ol c~~ ~ ~ ~~
~is c~ s~ ~~ ~ ~~ ~ ~ ~ ~~ ~ ~ of
~ ~Ms) ~ ~! ~ w ~b~ (~) ~t ~ ~ ~ P~ ~d ~lu~ ~A ~
~ ~ ~s) f~ ~ ~ T~ Co~ & ~ ~ ~ C~
T~ 3: ~ACE P~s) ~~ ~ ~s) ~pfi~fi~ f~ ~ Ma~ R~y woj~
~ ~ p~ ~ ~ USACE ~ TC~ ~ ~!~ ~ ~ ~ ~ ~ C~ ff ~
~p~~~aNa~P~~~ BOA~M~c~
T~'4: TCEO C~ ~' W~-~ ~~~~' BOA ~ll ~~ ~ ~
Tasks I.VII are projected to be completed within fo~-five (45) working days of the receipt by
Berg. Olive- of this exocuted propocati/agreem~t from Turner Collie & Braden. Task VIII and IX are
dependent on the schedule of tt~ USACE. Unless othetmise 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 s~hodule is the goal of all parties but does not reflect unusual delays due to major,
unpredictable or unforeseea delays, modifications to the scope of work basod upon aO:ual findings, or upon
additional requests by gove~,~-~ntal review, Turner Collie & Braden, the Owner, or the Corps of
Engineers.
CONI~DENTI~LITY OF ASSI~S~M~_,h'T
The Environm~d Investigation and all related work and services of Berg,Oliver are confidential unless
otherwise stated. Berg,Oliver is berry employed by Turner Collie & Braden on behalf of the City of
Peazrlar~ and as such the report, its finding, and all ¢orrespond~ce and work product, written or oral,
which relate t~ the findings of this study are stricaly Confglential nd privileged be~z~ BOA, Turner
Collie & Brad~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 off~ the results of this study to another party.
Confidential client fries will be retained for three (3) years in secure file cabinets maintained by
Berg. Oliver.
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BASIC COMPENSATION AND METHOD OF PAYMENT
Berg+Oliver Associates, Inc. proposes to provide the environmental services described above to Turner
Collie & Braden on behalf oftl~ City of Pentland for the lump sum mounts as follows:
TASK 1:
TASK H:
TASK Iii:
TASK IV:
tASk V:
TASK VI:
FROJECT M.A.NAGEME~ AND REPORT PREPARATION
I~ItAS£ I EN~rII~.OKIvlEI~fAL srrE ASSESSMI:NT
WETLAND DELINF~TION ~ DETERMINATION
GLOn~ eosrrIoNiNG SYSTEM (GeS) s~r~v~Y~
V~L~ ~..v~w,~o~ w,v.x~t~x~ ~C~ON ~ V~
TASK VII: ARCIEOLOGICAL REVIEW
TASK VIII: USACE VEPJ[FICATION
TASK IX: SECTION 404 PERMITTING AWD SUBMITTAL
TOTAL
If Nationwide Permit: TOTAL
LLrMI' SUM
$ 4,100.00
$ 3,600.00
$ 5,500.00
S
S ,, 2, ,000.00
$ 1,500.00
s Lzoo.~o
$ 2,600.00
~2,000.00"*
$~%800.00
* If the City ofPearland cfiooses toperfiom its own survey, this amount can be eliminated
**This task assumes that an lt~divldual permit is required; if a Nationwide Permit is su. tIIclent, then
the cost of this task will decrease to $7,500.00.
The above lump sum amounts will be billed upon completion of each task, ~xcept for the permit, which will be
invoiced at 50% and 100% completion. Payment will b~ due within thirty (30) days from reoeipt of invoi~.
Interest will accrue at the rate of 1.5% per monfl) (18% per annum) if invoice is not paid in full within
ninety (90) days. If additional report copies are reque~d, they will be provided at a cost of seventy-five dollars
($75.00) each, or cost plus twenty percent (20%), whichever is greater.
BergeOliver Associatea, Inc.
4629ES03
DEC-O1-20E3 13:12 2~15890007 9EX R.10
Tolunay-Wong W Engineers, Inc.
10710 S. Sam Houston Pkwy W., Suite 100 * Houston, TX 77031 * 713-722-7064
* Fax
713-722-0319
November 1 I, 2003
TWEI Proposal No.: P03-872
TC&B Job No.: 052.511256.0013
Mr. James W. Keller, P.E.
Turner Collie & Braden, Inc.
5757 Woodway
Houston, Texas 77057-1599
PROPOSAL FOR GEOTECHNICAL STUDY
CITY OF PEARLAND MOBILITY AND DRAINAGE PROGRAM
MAGNOLIA/SOUTHFORK
PRELIMINARY ENGINEERING PHASE
PEARLAND, TEXAS
Dear Mr. Keller:
Tolunay-Wong Engineers, Inc., (TWEI) is pleased. to submit this proposal to provide geotechnical
services for the referenced project. The project consists of constructing improvements to Magnolia, John Lizer
and Southfork to complete a four lane secondary thoroughfare running from Pearland Parkway to SH 288.
You provided project details in your transmittal package dated November 7, 2003.
Scope of Services
Our scope of services covered in this proposal will consist of field exploration, laboratory testing and
the preparation of a geotechnical engineering report documenting our findings and geotechnical design
recommendations.
Field Exploration. As requested by you, we will drill six (6) 25-ft deep and five (5) 80-ft deep soil
borings within the project site to evaluate the subsurface conditions. A total of 550 vertical ft drilling is
included. The boring program is summarized in the following table.
John Lizer at PearlandParkway
John Lizer at Old Alvin
McLean ~ Magnolia
McLean @ Mary's Creek
1 @25'
1@25'
1@25'
1~80'
50
105
Zigal Tract 1 @ 25' 25
Ditch ~ WWTP site 1~ 80' 80
Magnolia Bridge ~ Ditch lQ 80' 80
TOTAL 550
1@ 80'
1@80'
Magnolia @ Mary's Creek
160
Harkey @ Mary's Creek
Veterans @ Mary's Creek 1 @ 25' 25
Eastside of the SWEC site 1 @ 25' 25
Mr. James W. Keller, P.E.
TWEI Proposal No.: P03-872
November 11, 2003
Page 2
We will be responsible for staking boring locations at the project sites, checking the underground
utilities and preparing for traffic control during drilling.
Drilling will be performed in accordance with the appropriate ASTM procedures. We will obtain
representative portions of the recovered soil samples and transport them to our laboratory for testing. We will
backfill the open boreholes with the cuttings 24 hours after completion, and after obtaining the water-level
readings. We will provide an approximately 6 in. cement plug at the surface for borings that are drilled from
the pavement.
Laboratory Testing. We will perform soil mechanics laboratory tests to measure physical and
engineering properties of selected representative soil samples. The testing will generally include measurement
of the shear strength, total unit weight, in situ moisture content, fines content, and plasticity characteris~tics .~f
the soils.
All laboratory tests will be performed in accordance with appropriate ASTM standards. We will keep
the samples for 30 days after the final report is presented. We will discard the samples after that time, unless
instructed otherwise.
En~ineerin~ Report. Our engineering report will present our findings
geotechnical design recommendations for the proposed improvements including:
· Subsurface stratigraphy and groundwater conditions
Excavation retention and groundwater control
and provide you with
Pavement subgrade preparation
Concrete pavement design
Excavation of the detention basin and
Detention Pond excavation and sideslope recommendations including slope stability
Drilled Shat~s foundation design recommendations for the proposed bridges
Foundation settlement estimates and construction criteria
Foundation design and construction recommendations for retaining wall found_ations
Sign, lighting and signal foundation recommendations
Bedding and backfill criteria for utility lines based on City of Houston requirements
Mr. James W. Keller, P.E.
TWEI Proposal No.: P03-872
November 11, 2003
Page 3
Budeet
Our budget to perform the above listed services is included in the table included below:
: :Item i : DescriPti°n ": :i :: !iEstimated 'UnitRate ExtenSion
?: i-. ~: QUantity
1 Mobilization of TWEI personnel and drilling Job $300 $300
equipment
2 Coordination and Utility Clearance Job $500 500
3 Drilling and sampling of project borings
Soil sampling, per foot (0'-12') continuous, 13'-
., ~,.1.52 & sampling on 5' intervals (!5,',507) 400 l.f. 13.50/1.f. ........ 5,400
Soil sampling on 5' intervals (50'-80') 150 l.f. 15.00/l.f. 2,250
4 Traffic Control 24 hr 27.5/hr 660
5 Senior Engineer, P.E. 6 hr 105.00/hr 630
i Engineering Technician 50 hr 40.00/hr 2,000
Subtotal 11,740
6 Laboratory testing
Water Content (ASTM D 2216) 110 7.00 770
Atterberg Limits (ASTM D 4318) 55 42.00 2,310
Percent Passing No. 200 Sieve (ASTM D
1140) 55 30.00 1,650
Sieve analyses including hydrometer analyses
(ASTM D 422) 5 130.00 650
Unconfined Compression (ASTM D 2166)
40 30.00 1,200
Unconsolidated Undrained (ASTM D 2850)
8 50.00 400
Subtotal 6,980
7 Engineering and support services
Principal, P.E. 4 hr 150.00/hr 600
Project Manager, P.E. 22 hr 105.00/hr 2,310
Project Engineer, E.I.T. 80 hr 85.00/hr 6,800
Draftsman 16 hr 40.00/hr 640
Word Processor 12 hr 35.00/hr 420
Subtotal 10,770
Total Budget Estimate $29,499
The cost for the geotechnical study assumes that ingress and egress to the site and access to the site is
provided by others.
Mr. James W. Keller, P.E.
TWEI Proposal No.: P03-872
November 1 I, 2003
Page 4
Schedule
We can mobilize our drill crew within two to three days of project authorization. We can complete the
field work in four to five days and issue our engineering report within about forty working days after
completion of the field work. We can furnish you with verbal preliminary design information upon
completion of the field work.
Acceptance of Proposal
If you accept our proposal, please sign below and return one copy to our office.
conditions of this proposal are included in Exhibit A.
The terms and
Remarks ...... .~....
We appreciate opportunity to submit this proposal and look forward to serving you on this project.
Sincerely,
TOLUNAY-WONG ENGINEERS, INC.
Fouad Hammoud, P.E.
Da P.E.
Accepted by:
Name:
Date:
Attachments: Exhibit A
FH/DOW
EXHIBIT A
TERMS FOR GEOTECHNICAL ENGINEERING SERVICES
THE AGREEMENT
This AGREEMENT is made by and between TOLUNAY-WONG ENGINEERS, INC., hereinafter referred to as GEOTECHNICAL
ENGINEER, and the CLIENT of the attached PROPOSAL. This AGREEMENT between the parties consists of these TERMS, the
attached PROPOSAL and any exhibits or attachments noted in the PROPOSAL will constitute the entire AGREEMENT. Any
changes to this AGREEMENT must be mutually agreed to in writing.
STANDARD OF CARE
The CLIENT recognizes that subsurface conditions vary from those observed at locations where borings, surveys, or explorations are
made, and that site conditions may change with time. Data, interpretations, and recommendations by the GEOTECHNICAL
ENGINEER will be based solely on information available to the GEOTECHNICAL ENGINEER. The GEOTECHNICAL
ENGINEER ~s responsible for those data, interpretations, and recommendations, but will not be responsible for other panics'
interpretations or use of the information developed.
Services performed by.J~e GEOTECHNICAL ENGINEER under this AGREE ~MENT are expecteO by the CLIENT to be co.l!Oucted in
a ,nanner consistent with the level of cate and skill ordinaril> exercised by members of the engineering profession practicing
contemporaneously under similar conditions in the locality of the project. No other warranty, expressed or implied, is made.
SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for the GEOTECHNICAL ENGINEER
to perform the work set forth in this AGREEMENT. The CLIENT will r otify any and all possessors of the project site that CLIENT
has granted GEOTECHNICAL ENGINEER free access to the site. The GEOTECHNICAL ENGINEER will take reasonable
precautions to minimize damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may
occur and the correction of such damage is not part of this AGREEMENT unless so specified in the PROPOSAL.
SAMPLE DISPOSAL
The GEOTECHNICAL ENGINEER will dispose of all soil and rock samples 30 days after submission of report covering those
samples. Further storage or transfer of samples can be made at Client's expense upon CLIENT'S prior written request. All hazardous
materials will be returned to CLIENT for disposal, unless other arrangements have been made by CLIENT.
CONSTRUCTION MONITORING
If the GEOTECHNICAL ENGINEER is retained by the CLIENT to provide a site representative for the purpose of monitoring
specific portions of the construction work as set forth in the PROPOSAL then this phrase applies. For the specified assignment, the
GEOTECHNICAL ENGINEER will report observations and professional opinions to the CLIENT. No action of the
GEOTECHNICAL ENGINEER or GEOTECHNICAL ENGINEER's site representative can be construed as altering my
AGREEMENT between the CLIENT and others. The GEOTECHNICAL ENGINEER will report any observed work to the CLIENT
which, in the GEOTECHNICAL ENGINEER's professional opinion, does not conform with plans and specifications. The
GEOTECHNICAL ENGINEER has no right to reject or stop work of any agent of the CLIENT. Such rights are reserved solely for
the CLIENT. Furthermore, the GEOTECHNICAL ENGINEER's presence on site does not in any way guarantee the completion or
quality of the performance of the work of any party retained by the CLIENT to provide construction related services.
The GEOTECHNICAL ENGINEER will not be responsible for and will not have control or charge of specific means, methods,
techniques, sequences or procedures of construction selected by any agent or AGREEMENT of the CLIENT, or safety precautions
and programs incident thereto.
BILLING AND PAYMENT
CLIENT will pay GEOTECHNICAL ENGINEER the lump sum amount indicated in the PROPOSAL or, if no lump sum amount is
indicated, in accordance with the Schedule of Fees, as shown in the PROPOSAL and its attachments. Invoices will be submitted to
CLIENT by GEOTECHNICAL ENGINEER, and will be due and payable upon presentation. If CLIENT objects to all or any portion
of any invoice, CLIENT will so notify GEOTECHNICAL ENGINEER in writing within fourteen (14) calendar days of the invoice
date, identify the cause of disagreement, any pay when due that portion of the invoice not in dispute. The parties will immediately
make every effort to settle the disputed portion of the invoice. In the absence &written notification described above, the balance as
stated on the invoice will be paid.
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Invoices are delinquent if payment has not been received within thirty (30) days. from date of invoice. CLIENT will pay an additional
charge of 1-1/2 (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount,
excepting any portion ofthe invoiced amount in dispute and resolved in favor of CLIENT. Payment thereafter will first be applied to
accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in
connection with collection of any delinquent amount will be paid by the CLIENT to GEOTECHNICAL ENGINEER per
GEOTECHNICAL ENGINEER's current fee schedule. In the event CLIENT fails to pay GEOTECHN/CAL ENGINEER within
sixty (60) days after invoices are rendered, CLIENT agrees that GEOTECHNICAL ENGINEER will have the right to consider the
failure to pay the GEOTECHNICAL ENGINEER's invoice as a breach of this AGREEMENT.
TERMINATION
The AGREEMENT may be terminated by either party seven (7) days after written notice. In the event of termination,
GEOTECHNICAL ENGINEER will be paid for services performed prior to the date of termination.
INDEMNIFICATION
Except for the gross negligence or intentional misconduct of the GEOTECHNICAL ENGINEER, CLIENT will indemnify and hold
the GEOTECHNICAL ENGINEER harmless from any claim by or liability from a third party for injury or loss, arising out of the
GEOTECHNICAL ENGINEER's performance of the services described in this AGREEMENT. This indemnity shall not limit, restrict
or prevent CLIENT from asserting any claims for liability against the GEOTECHNICAL ENGINEER, under any one or more theories
of recovery, including breach of contract, negligence, strict or statutory liability or any other cause of action
LIMITATION OF LIABILITY .:: ....
The CLIENT will limit any and all liability or claim for damages, cost of defense, or expenses to be levied against
GEOTECItNICAL ENGINEER to a sum not to exceed $50,000, or the amount of his fee, whichever is greater, on account of
any design defect, error, omission, or professional negligence. The CLIENT agrees to notify any contractor who perform work
in connection with the study prepared by the GEOTECItNICAL ENGINEER of such limitation of liability and require a like
li.'.aitation on their part in favor of the GEOTECItNICAL ENGINEER. In the event the CLIENT fails to obtain a like
tJmitation of liability provision, the liability of the CLIENT and the GEOTECFINICAL ENGINEER to such contractor shall be
allocated between the CLIENT and the GEOTECHNICAL ENGINEER such that the aggregate liability of the
GEOTECHNICAL ENGINEER to all parties, including the CLIENT, shall not to exceed $50,000 or the amount of the
GEOTECHNICAL ENGINEER's fee, whichever is greater. The GEOTECHNICAL ENGINEER makes no warranties, either
expressed or implied, except as set forth above.
DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIAI,,q
CLIENT warrants a reasonable effort to inform GEOTECHNICAL ENGINEER of known or suspected hazardous materials on or near
the project site.
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. GEOTECHNICAL
ENGINEER and CLIENT agree that the discovery of hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. GEOTECHNICAL ENGINEER and CLIENT also agree that the discovery of
hazardous materials may make it necessary for GEOTECHNICAL ENGINEER to take immediate measures to protect health and
safety. CLIENT agrees to compensate GEOTECHNICAL ENGINEER for any equipment decontamination or other costs incident to
the discovery of hazardous waste.
GEOTECHNICAL ENGINEER agrees to notify CLIENT when hazardous materials or suspected hazardous materials are
encountered. CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to
hold GEOTECHNICAL ENGINEER harmless for any and all consequences of disclosure made by GEOTECHNICAL ENGINEER
which are required by governing law. In the event the project site is not owned by CLIENT, CLIENT recognizes that it is the
CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials.
Not withstanding any other provisions of the AGREEMENT, CLIENT waives any claim against GEOTECHNICAL ENGINEER, and
to the maximum extent permitted by law, agrees to defend, indemnify, and save GEOTECHNICAL ENGINEER harmless from any
claim, liability, and/or defense costs for injury or loss arising fi.om GEOTECHNICAL ENGINEER's discovery of hazardous materials
or suspected hazardous materials including any costs created by delay of the project and any costs associated with possible reduction
of the property's value. CLIENT will be responsible for ultimate disposal of any samples secured by the GEOTECHNICAL
ENGINEER which are found to be contaminated.
GOVERNING LAW AND SURVIVAL
The law of the State of Texas will govern the validity of these TERMS, their interpretation and performance.
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining
provisions will not be impaired. Limitations of liability and indemnities will survive termination of the AGREEMENT for any cause.
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