R2011-027 - 2011-02-28ATTEST:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES
ASSOCIATED WITH THE TWIN CREEK REGIONAL LIFT STATION
PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for design services associated with the Twin
Creek Regional Lift Station Project, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for design services associated with the Twin
Creek Regional Lift Station Project.
PASSED, APPROVED and ADOPTED this the 28 day of February, A.D., 2011.
APPROVED AS TO FORM:
zeal-
DARRIN M. COKER
CITY ATTORNEY
RESOLUTION NO. R2011 -27
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2011 -27
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into on 2 -28 -2011 by and between the City of Pearland
"CITY and Pate Engineers, Inc. "CONSULTANT
The CITY engages the CONSULTANT to perform professional services for a project known and
described as Twin Creek Regional Lift Station Basin Rehabilitation "PROJECT (Project
WW1101)
SECTION I SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under
the same or similar circumstances:
A. The CONSULTANT shall provide a Preliminary Engineering Report and
associated Additional Services. See Exhibit A, attached, for a detailed SCOPE OF
WORK and PROJECT schedule. The PROJECT schedule shall be submitted in
digital and hard copy form in the Microsoft Project for Windows format.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost
of the PROJECT.
C. The CONSULTANT acknowledges that the CITY (through its employee
handbook) considers the following to be misconduct that is grounds for
termination of a CITY employee: Any fraud, forgery, misappropriation of fimds,
receiving payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions, destruction of assets,
embezzlement, accepting materials of value from vendors, or consultants, and /or
collecting reimbursement of expenses made for the benefit of the CITY. The
CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY
employee to engage in such misconduct.
D. The CONSULTANT shall submit all final construction documents in both hard
copy and electronic format. Plans shall be AutoCAD compatible and all other
documents shall be Microsoft Office compatible. The software version used shall
be compatible to current CITY standards. Other support documents, for example,
structural calculations, drainage reports and geotechnical reports, shall be
submitted in hard copy only. All Record Drawings electronic files shall be
submitted to the CITY in TIF format.
E. The CONSULTANT recognizes that all drawings, special provisions, field survey
notes, reports, estimates and any and all other documents or work product
generated by the CONSULTANT under the CONTRACT shall be delivered to the
CITY upon request, shall become subject to the Open Records Laws of this State.
Design 1 of 6 D1. Revised 2/10
F. The CONSULTANT shall procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons, damages to property,
or any errors and omissions relating to the performance of any work by the
CONSULTANT, its agents, employees or subcontractors under this Agreement,
as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4) Comprehensive Automobile and Truck Liability Insurance covering
owned, hired, and non -owned vehicles, with minimum limits of
$1,000,000 for injury or death of any one person, $1,000,000 for each
occurrence, and $1,000,000 for property damage.
The CONSULTANT shall include the CITY as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to
the CITY before work commences. Each insurance policy shall be endorsed to
state that coverage shall not be suspended, voided, canceled, and /or reduced in
coverage or in limits "Change in Coverage except with prior written consent of
the CITY and only after the CITY has been provided with written notice of such
Change in Coverage, such notice to be sent to the CITY either by hand delivery to
the City Manager or by certified mail, return receipt requested, and received by
the City no fewer than thirty (30) days prior to the effective date of such Change
in Coverage. Prior to commencing services under this CONTRACT,
CONSULTANT shall furnish CITY with Certificates of Insurance, or formal
endorsements as required by this CONTRACT, issued by CONSULTANT'S
insurer(s), as evidence that policies providing the required coverage, conditions,
and limits required by this CONTRACT are in full force and effect.
Design 2 of 6 Dl. Revised 2/10
G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and
employees, harmless from any claim, loss, damage, suit, and liability of every
kind for which CONSULTANT is legally liable, including all expenses of
litigation, court costs, and attorney's fees, for injury to or death of any person, for
damage to any property, or errors in design, any of which are caused by the
negligent act or omission of the CONSULTANT, his officers, employees, agents,
or subcontractors under this CONTRACT.
H. All parties intend that the CONSULTANT, in performing services pursuant to this
CONTRACT, shall act as an independent contractor and shall have control of its
own work and the manner in which it is performed. The CONSULTANT is not to
be considered an agent or employee of the CITY.
SECTION II PERIOD OF SERVICE
This CONTRACT will be binding upon execution and end upon completion of the Preliminary
Engineering Report but not to exceed 5 months.
SECTION III CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is Lump Sum as authorized plus
reimbursable expense. Total compensation for the services performed shall not
exceed $105,988.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly
progress reports and detailed invoices submitted by the CONSULTANT subject
to the following limitations:
1. Prior to submission of the Preliminary Engineering Letter Report,
payments to the CONSULTANT shall not exceed 60% of the total
CONTRACT amount.
2. Prior to approval of the Preliminary Engineering Letter Report documents,
payments to the CONSULTANTS shall not exceed 90% of the total
CONTRACT amount. The final approval and payment will be made
within a reasonable period of time regardless of the project construction
schedule.
3. If the scope of work of this CONTRACT includes the preparation of
studies, design concepts, or other investigations, progress payments shall
not exceed 60% of the total CONTRACT amount prior to submittal of the
final report deliverables.
Design 3 of 6 Dl. Revised 2/10
B. The CITY shall make payments to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice. Invoices shall be submitted on a
monthly basis.
SECTION IV THE CITY'S RESPONSIBILITIES
A. The CITY shall designate a project manager during the term of this CONTRACT.
The project manager has the authority to administer this CONTRACT and shall
monitor compliance with all terms and conditions stated herein. All requests for
information from or a decision by the CITY on any aspect of the work shall be
directed to the project manager.
B. The CITY shall review submittals by the CONSULTANT and provide prompt
response to questions and rendering of decisions pertaining thereto, to minimize
delay in the progress of the CONSULTANT'S work. The CITY will keep the
CONSULTANT advised concerning the progress of the CITY'S review of the
work. The CONSULTANT agrees that the CITY'S inspection, review,
acceptance or approval of CONSULTANT'S work shall not relieve
CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or
its sub consultant(s) or in any way affect the CONSULTANT'S status as an
independent contractor of the CITY.
SECTION V TERMINATION
A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason
with or without cause by delivering written notice to CONSULTANT
personally or by certified mail at 13333 Northwest Freeway, Suite 300,
Houston, Texas 77040. Immediately after receiving such written notice, the
CONSULTANT shall discontinue providing the services under this CONTRACT.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
drawings, special provisions, field survey notes, reports, estimates and any and all
other documents or work product generated by the CONSULTANT under the
CONTRACT, entirely or partially completed, together with all unused materials
supplied by the CITY on or before the 15 day following termination of the
CONTRACT.
C. In the event of such termination, the CONSULTANT shall be paid for services
performed prior to receipt of the written notice of termination. The CITY shall
make final payment within sixty (60) days after the CONSULTANT has delivered
to the CITY a detailed invoice for services rendered and the documents or work
product generated by the CONSULTANT under the CONTRACT.
D. If the remuneration scheduled under this contract is based upon a fixed fee or
definitely ascertainable sum, the portion of such sum payable shall be
Design 4 of 6 DI. Revised 2/10
proportionate to the percentage of services completed by the CONSULTANT
based upon the scope of work.
E. In the event this CONTRACT is terminated, the CITY shall have the option of
completing the work, or entering into a CONTRACT with another party for the
completion of the work.
F. If the CITY terminates this CONTRACT for cause and /or if the CONTRACTOR
breaches any provision of this CONTRACT, then the CITY shall have all rights
and remedies in law and /or equity against CONSULTANT. Venue for any action
or dispute arising out of or relating to this CONTRACT shall be in Brazoria
County, Texas. The laws of the State of Texas shall govern the terms of this
CONTRACT. The prevailing party in the action shall be entitled to recover its
actual damages with interest, attorney's fees, costs and expenses incurred in
connection with the dispute and /or action. CONSULTANT and CITY desire an
expeditious means to resolve any disputes that may arise between under this
CONTRACT. To accomplish this, the parties agree to mediation as follows: If a
dispute arises out of or relates to this CONTRACT, or the breach thereof, and if
the dispute cannot be settled through negotiation, then the parties agree first to try
in good faith, and before pursuing any legal remedies, to settle the dispute by
mediation of a third party who will be selected by agreement of the parties.
SECTION VI ENTIRE AGREEMENT
This CONTRACT represents the entire agreement between the CITY and the CONSULTANT
and supersedes all prior negotiations, representations, or contracts, either written or oral. This
CONTRACT may be amended only by written instrument signed by both parties.
SECTION VII COVENANT AGAINST CONTINGENT FEES
The CONSULTANT affirms that he has not employed or retained any company or person, other
than a bona fide employee working for the CONSULTANT to solicit or secure this
CONTRACT, and that he has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other
consideration, contingent upon or resulting from the award or making of the CONTRACT. For
breach or violation of this clause, the CITY may terminate this CONTRACT without liability,
and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise
recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent
fee that has been paid.
Design 5 of 6 Dl. Revised 2/10
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties have executed this CONTRACT this 28 thday of February2011.
CITY OF PEARLAND, TEXAS
Bi11 Eisen, City Manager
Design 6 of 6 D1. Revised 2/10
February 18, 2011
Mr. Trent Epperson
Projects Director
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
PATE ENGINEERS
Attention: Ms. Cara Davis
Reference: Proposal for a Preliminary Engineering Letter Report for the Twin Creek
Regional Lift Station Project; PATE Job No. 1717 005 -00
Dear Mr. Epperson:
Pate Engineers, Inc. (PATE) is pleased to present this proposal to perform engineering
services for preparation of a letter report (PELR) to assess alternatives for design of the Twin
Creek Regional Lift Station and associated gravity sewer and force main. These facilities will
serve the Twin Creek Subdivision north of McHard Road, west of Pearland Parkway and east
of Old Alvin. Our services will include the following:
Preliminary Phase I
Prepare a Preliminary Engineering Letter Report (PELR) to include:
1. Evaluate alternate lift station and force main alignments for the following
potential locations:
a. The existing Twin Creek LS site
b. (City) Property at the end of Woodthrush
c. 3311 Hickory Knolls Drive
d. 3404 Hickory Knolls Drive
2. Data collection and review of existing lift station flow information.
3. Evaluate alternative design parameters for the proposed lift station, gravity sewer
and force main.
4. Meet with the city monthly to review PELR progress and present research
information.
5. Prepare a PELR to summarize the results of our analysis, a preliminary cost
estimate and recommendations.
6. Five (5) copies of the draft PER will be provided for City review and comment.
7. Five (5) copies of the final PER will be provided.
Additional Services
1. Perform topographic and boundary survey services along the proposed alignment.
The survey will be based on city monumentation. This work will be completed within
90 calendar days after NTP.
RECEIVED
FEB 22 11
C ty of Peoiland
Proiect Dept
HOUSTON 13333 Northwest Freeway, Suite 300 Houston, Texas 77040 T: 713.462.3178 F: 713.462.1631 Toll Free: 866.533.PATE (7283)
www.pateeng.com
Mr. Trent Epperson
February 18, 2011
Page 2
2. Provide geotechnical services for soil borings /logs and other pertinent information at
500 foot intervals and critical locations such as deep sections along the approved
route.
3. Prepare a Phase I Environmental Site Assessment. The site assessment shall be
prepared in accordance with the most current, applicable ASTM- 1527 -2005 standard
for the preparation of real estate site assessments.
4. Prepare a Wetlands Due Diligence Survey and report.
5. Provide a Limited Phase II Site Investigation and Report if deemed necessary
subsequent to the work performed in item 3 and authorized by the City.
6. Provide a Wetlands Delineation if wetlands are identified in item 4 and the work is
authorized by the City.
7. Provide USACE Wetlands verification subsequent to the work in item 6 as
authorized by the City.
8. Participate in additional meetings (beyond the monthly progress meetings and
meetings included in the basic services), as directed by the City, such as public
hearing and easement acquisition. An allowance has been included in additional
services.
The conceptual construction cost estimate for the project is $1,940,000, including a 15%
contingency (CIP budget). We propose to perform Phase I for a Lump Sum fee of $41, 250 as
indicated on the attached man hour budget.
We propose to perform the above Scope of Services identified in Additional Services for the
following fees, either lump sum reimbursable as identified, billable monthly based on work
completed. All sub consultant fees listed below include a 10% PATE mark -up.
1. Topographic and limited Boundary Survey
as itemized on PATE Surveyors proposal $24,300 Lump Sum
2. Geotechnical services $10,690 Lump Sum
3. Phase I ESA 4,950 Lump Sum
4. Wetlands Due Diligence 2,723 Lump Sum
5. Special meetings and Additional Expenses 2,000 Reimbursable
Total Additional Services $44,663
6. Limited Phase II ESA (if auth.) $11,000* Lump Sum
7. Wetland Delineation (if auth.) 6,050 Lump Sum
8. USACE Verification (if auth.) 3,025 Lump Sum
Total Potential Additional Services $20,075
Estimated cost only. A separate proposal will be submitted for the actual cost once the
Phase I ESA is completed.
If it is determined that easements are required to accommodate the alignment of the sanitary
sewer facilities, a separate proposal will be requested from Pate Surveyors and submitted to
the City for approval.
HOUSTON 13333 Northwest Freeway, Suite 300 Houston, Texas 77040 T: 713.462.3178 F: 713.462.1631 Toll Free: 866.533.PATE (7283)
www.pateeng.com
Mr. Trent Epperson
February 18, 2011
Page 3
We appreciate the opportunity to present this proposal to the City. If you need additional
information in support of this proposal, please do not hesitate to contact Paul Wallick at 713-
462 -3178 or pwallick@pateeng.com.
Very truly yours,
PATE ENGINEERS, INC.
TBPE F- 002726
"/A
Jeff E. Ross, P.E. Paul C. Wallick, P.E.
Senior Vice President Senior Project Manager
Enclosures
J: \1700 \171700500 Twin Creek Regional LS \200 PROJ MGMT \00 Proposal\Proposal Twin Creek LS_PELR.doc
HOUSTON 13333 Northwest Freeway, Suite 300 Houston, Texas 77040 T: 713.462.3178 F: 713.462.1631 Toll Free: 866.533.PATE (7283)
www.pateeng.com
U F 5
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Project Area:
SCOPE OF WORK:
PATE SURVEYORS
division of Pate Engineers, Inc.
TO: Paul Wa!lick
FROM: Rocky Bradshaw
DATE: February 18, 2011
REFERENCE: City of Pearland
Twin Creek Lift Station
Brazoria County, Texas
Survey for 1 new lift station and 3 new collector lines in Twin Creek Woods subdivision from
3 existing lift stations; and a new force main east to Pearland Parkway (totaling 6,000'
(KeyMap Pg 615B C).
1. Establish Primary H V Control as needed, based on City of Pearland
Benchmark system
2. Establish site specific control required for data collection.
3. Collect utilities and ground topography for design, collect cross sections 100'
intervals or equivalent and resolve right -of -ways alignments and /or parallel
property lines along FM alignment along the following routes:
end of Wheatridge Dr (gravel drive) from LS (including LS site topo)
west to turn Lot 45, Blk 3, Twin Crk Subd. (appx. 300 LF)
Through Lot 45 to connection in Bishopton (appx. 250 LF)
Bishopton Drive from Robinson, east to exist. LS (including LS site topo)
end of Glastonbury (1400LF)
Robinson Drive from Bishopton Drive, south to Glastonbury (250 LF)
Glastonbury Drive from exist. LS site (including LS site topo) Hickory
Knoll to Woodthrush (1400 LF)
Alignment corridor from LS side, east appx. 2400 LF to Pearland
Parkway
Page 1 of 2
HOUSTON 13333 Northwest Freeway, Suite 300• Houston, Texas 77040 T: 713.462.3178 F: 713.462.3015 ToII free: 866.533.PATE (7283)
www.pateeng.com
PATE SURVEYORS
division of Pate Engineers, Inc.
4. Collection of Bore Hole locations
Deliverables:
Rough plot of topographic data collected.
ACAD electronic drawing files of Control and R.O.W. resolution.
ASCII data file containing all collected and calculated points.
Copy of all hand written field notes.
Scope Items 1-4 Lump Sum Fee Quote of 24,300.00
Page 2 of 2
HOUSTON 13333 Northwest Freeway, Suite 300• Houston, Texas 77040 T: 713.462.3178 F: 713.462.3015 Toll Free: 866.533.PATE (7283)
www.pateeng.com
HTS, Inc. Consultants
416 Pickering Street, Houston, TX 77091
www.htshouston.com
Excellence 117 Engineering, Consulting, Testing and Inspection
December 22, 2010
City of Pearland
c/o Pate Engineering, Inc.
13333 Northwest Freeway, Suite 300
Houston, Texas 77040
Attn: Mr. Paul C. Wallick, P.E.
Re: Proposal
Geotechnical Investigation
Proposed Lift Station, Gravity Sewer, and Force Main
Twin Creek SCADA Lift Station Project
Brazoria County, Texas
HTS Proposal No.: COP -2951
Dear Mr. Wallick:
Phone 713 -692 -8373
Fax 713- 692 -8502
Toll Free 1 -800- 692 -TEST
1.0 INTRODUCTION
HTS, Inc. Consultants (HTS) appreciates the opportunity to present this proposal to the
City of Pearland and Pate Engineering, Inc. to conduct a geotechnical investigation for the
referenced project located west of Pearland Parkway and east of North Main in the general
vicinity of Gastonbury Road in Brazoria County, Texas (see Key Map 615 Square B).
Development will include 3 gravity sewer lines (approximately 2,835 1.f. total) running from
3 existing lift stations to a new lift station on Gastonbury Road; approximately 2,400 1.1. of
force main running from the new lift station eastward to Pearland Parkway, and a pipe
bridge crossing about half -way along the proposed force main route. The purpose of the
geotechnical investigation will be to provide recommendations concerning:
design parameters for the proposed lift station including recommended earth pressure
parameters, safety factors against uplift or flotation, and allowable bearing pressures,
dewatering requirements for excavations,
excavation, bedding, and backfilling requirements,
soil classifications for use in defining OSHA trench shoring and bracing design
requirements, and
Geotechnical Engineering Materials Testing and Inspection Environmental Site Assessments Geosynthetics and Construction QA/QC
Serving the Construction, Petroleum and Waste Industries
City of Pearland
December 22, 2010
Page 2 of 4
bearing capacity and settlement for a foundation system to support the proposed pipe
bridge.
The remaining portions of this proposal provide HTS' proposed work scope, budget, and
schedule to complete the geotechnical investigation for the proposed facilities.
2.0 SCOPE OF WORK
We understand that the scope of work for the geotechnical investigation will be as follows:
Drill and sample a total of 12 geotechnical borings: 1 boring will be drilled to a depth of
50 feet below the existing ground surface within the location of the proposed lift station,
6 geotechnical borings will be drilled to a depth of 30 feet below the existing ground
surface along the routes of the proposed sewer lines, 4 borings will be drilled to a depth
of 15 feet below the existing ground surface along the route of the proposed force main,
and 1 boring will be drilled to a depth of 25 feet below the existing ground surface in
the area of the proposed pipe bridge.
Measure the depth to groundwater during drilling, after the completion of drilling, and
approximately 15 minutes after the completion of drilling.
Backfill the borings with cement grout after the completion of the groundwater
measurements,
Perform field tests during drilling and obtain both disturbed and relatively undisturbed
soil samples from the borings with continuous samples being taken from the ground
surface to a depth of 12 feet and intermittently thereafter,
Prepare boring logs for the borings drilled based upon visual soil classifications and the
results of laboratory tests.
Complete engineering analyses for the purpose of developing and providing:
a) earth pressure coefficient values and equivalent fluid pressures for use in designing the
lift station wall,
b) recommendations related to the potential flotation of the lift station, and
c) recommendations for excavation, bedding, and backfdl for the sewer line.
Complete engineering analyses as necessary to develop recommendations pertaining to
dewatering requirements for excavations, trench shoring and bracing requirements,
OSHA soil type classifications pertinent to trench shoring and bracing design, and
utility excavation/bedding /backfill requirements.
City of Pearland
December 22, 2010
Page 3 of 4
Complete engineering analyses for the purpose of developing foundation design criteria
for the proposed pipe bridge including bearing capacity and settlement.
Submit 5 copies of a report that presents the results of the geotechnical investigation.
3.0 COST AND SCHEDULE
HTS' proposed lump sum cost to complete the scope of work as defined in Section 2.0
above is 9,718.00. The lump sum cost is itemized as follows:
Laboratory .Analyses:
Atterberg Limits (ASTM D -4318)
Unconfined Compression (ASTM D -2166)
Moisture Content (ASTM D -2216)
Moisture Content In -Situ Dry Density (ASTM D-
2937)
Percent Passing No. 200 Sieve (ASTM D -1140)
Field Activities:
Mobe/Demobe of Drilling Rig
Drilling and Sampling (1 at 50', 6 at 30', 1 25',
and 4 15')
Engineering Analyses and Report Preparation:
Senior Engineer, P.E.
Support Personnel
Lump Sum
315 feet
24 tests
16 tests
10 tests
16 tests
24 tests
18 hours
4 hours
300.00
12.00
53.00
39.00
8.00
20,00
41.00
123.00
36.00
GRAND TOTAL
300.00
3,780.00
1,272.00
624.00
80.00
320.00
984.00
2,214.00
144.00
9,718.00
Xl.l It ID
We estimate that about 2 to 3 weeks will be required to complete the project if no delays
are encountered with respect to weather conditions or site access.
4.0 CLOSING REMARKS
We appreciate the opportunity to present this proposal you and would be pleased to discuss
the contents of this proposal with you at your convenience.
City of Pearland
December 22, 2010
Page 4 of 4
Your approval of this proposal and your approval of our proceeding with the work may be
indicated by your signing /dating this proposal as provided below. We request that a copy
of the signed /dated proposal be provided to HTS. We look forward to being of service to
you.
Sincerely,
HTS, I s. IJsnsultants
Bonifaci
Senior P
AGREED TO THIS DAY OF
BY: TITLE:
FIRM:
BFM:cg
Musn
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h: word/proposals -10 /COP -2951
Jr., P.E.
er
VIA EMAIL
December 20, 2010
Mr. Paul Wallick, P.E.
Pate Engineers, Inc.
13333 Northwest Freeway, Suite 300
Houston, Texas 77040
Via email: PWallick@PateEng.com
Re: Proposal for the Twin Creek Lift Station Project, located in Pearland, Brazoria County, Texas
BOA Proposal No. 7826ESPR
Dear Mr. Wallick,
Thank you for allowing Berg•Oliver Associates, Inc. (Berg *Oliver) to be considered for your needed
environmental services. Our firm is quite interested in providing environmental services to Pate Engineers, Inc. for
the proposed Twin Creek lift station, gravity sewer, and force main project, located between Pearland Parkway and
Old Alvin Road, in Pearland, Brazoria County, Texas. We will give special attention to providing timely service and
will begin immediately per your acceptance and execution of this proposal.
Please review the proposal/agreement and, if acceptable, execute the proposal and return to us by fax at (281)
589 -0007. We look forward to working with you and Pate Engineers, Inc. on this project. Thank you for considering
Berg Oliver Associates, Inc. to assist you with your environmental planning.
Please contact me if you have any questions.
Sincerely,
Amy Brook
Senior Associate
No. of Total Pages: 18
BERG OLIVER ASSOCIATES, INC.
Environmental Science, Engineering Land Use Consultants
14701 St. Mary's Lane, Suite 400, Houston, Texas 77079
(281) 589 -0898 fax: (281) 589 -0007
Houston 0 Austin 0 Dallas/ Fort Worth 0 WDBE/HUB 0 www.berooliver.com
Berg Oliver Associates, Inc.
7826ESPR
December 20, 2010
PROPOSAL FOR PROFESSIONAL ENVIRONMENTAL SERVICES
ENVIRONMENTAL SERVICES
PATE ENGINEERS, INC.
TWIN CREEK LIFT STATION PROJECT
PEARLAND,BRAZORLA COUNTY, TEXAS
PROJECT NO. 7826ESPR
(December 20, 2010)
INTRODUCTION AND PROPOSED SCOPE
This proposal for Professional Environmental Services is between Pate Engineers, Inc. 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 Pate Engineers, Inc. (hereinafter called "Owner for the proposed Twin Creek lift station, gravity
sewer, and force main project, located between Pearland Parkway and Old Alvin Road, in Pearland, Brazoria
County, Texas (hereinafter termed "project area As part of the preliminary studies, the Owner has requested that
Berg Oliver Associates, Inc. provide an Environmental Investigation prepared for the proposed.
The Environmental Investigation is intended to achieve the following objectives:
1. Define the scope of the project
2. Determine which aspects of the proposed action may have potential for environmental impact.
3. Identify measures and alternatives that might mitigate adverse environmental impacts.
4. Identify other environmental review and consultation requirements that should be prepared concurrently
with the Environmental Investigation.
AUTHORIZATION
Work performed under this proposal will be authorized by the execution of this agreement by Paul Wallick, P.E., or
another authorized signatory of Pate Engineers, Inc.
PROJECT LOCATION AND DESCRJPTION
The project site is generally located between Pearland Parkway and Old Alvin Road, in Pearland, Brazoria County,
Texas. The exact location and description, if required, will be provided by Pate Engineers, Inc. prior to the
initiation of work.
SCOPE OF SERVICES
1
Berg•Oliver Associates, Inc.
7826ESPR
December 20, 2010
Berg Oliver Associates, Inc. is proposing to provide the requested environmental services to best assist the project
schedule. The Scope of' Work (Attachment A) must include: A) Phase I Environmental Site Assessment and B)
Wetland Due Diligence Study. Potential Additional Services will be provided only IF required and authorized by
the client. These services include: C) Limited Phase II Environmental Site Assessment, D) Wetland Delineation,
and E) U.S. Army Corps of Engineers (USACE) Verification. Attachment A describes all of these services.
PROJECT SCHEDULE
Tasks A and B are projected to be completed within thirty (30) working days of the receipt by Berg•Oliver
Associates, Inc. of this executed proposal/agreement from Pate Engineers, Inc. The project completion schedule is
the goal of all parties but does not reflect unusual delays due to major, unpredictable or unforeseen delays,
modifications to the scope of work based upon actual findings, or upon additional requests by governmental
review, Pate Engineers, Inc., the Owner, or the USACE.
RIGHT OF ENTRY
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 Berg Oliver.
CONFIDENTIALITY OF ASSESSMENT
The assessment and all related work and services of Berg Oliver Associates, Inc. are confidential. Berg* Oliver
Associates, Inc. is hereby employed by Pate Engineers, Inc. pursuant to this contract. Under such contract
relationship, all correspondence, written or oral, which relates to the findings of this study are, to the extent
permitted by law, strictly confidential between the parties hereto, unless Berg *Oliver Associates, Inc. receives a
written request from the client to offer the results of this study to a third party not a part of this agreement/proposal.
Environmental assessments may occasionally uncover extremely sensitive findings. It is the responsibility of
Berg Oliver Associates, Inc. to report these findings to our client and to no other party.
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BASIC COMPENSATION AND METHOD OF PAYMENT
Berg Oliver Associates, Inc. proposes to provide the environmental services described above to Pate Engineers,
Inc. for an estimated hourly sum, not to exceed the following:
A. PHASE I ENVIRONMENTAL SITE ASSESSMENT 4,500.0011.1 `OSD
B. WETLAND DUE DILIGENCE STUDY 2,475.00 X1,I
POTENTIAL ADDITIONAL SERVICES
C. LIMITED PHASE II ENVIRONMENTAL SITE ASSESSMENT (ESTIMATE)
D. WETLAND DELINEATION
E. USACE VERIFICATION
This cost is only an estimate for the Phase II Environmental Site Assessment work. An exact cost cannot be determined
until Task A has been completed. If Task C is deemed necessary, a separate proposal will be submitted.
The estimated charges set forth above are based upon the hourly rates given in the attached Personnel Rate
Schedule (Attachment B). Since the amounts of each category are estimates, any unused hours in one category
may apply against overages in other categories. The combined estimate is a "not to exceed" total that will not be
exceeded without written approval and issuance of a revised purchase order from the client.
Progress billing will be submitted monthly to the client. Payment will be due within fifteen (15) days from receipt
of payment by Pate Engineers, Inc. from the client. Interest will accrue at the rate of 1.5% per month (18% per
annum) if invoice is not paid in full within thirty (30) days.
3
GRAND TOTAL 6,975.00
10,000.00* XI•I 4
5,500.00y1.1- 1
2,750.00 I .1 -443045
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PROPOSAL ACCEPTANCE AND EXECUTION
Acceptance of this proposal, including the "General Conditions for Services" found in Attachment C, will be
indicated by the signatures below and will serve as authorization to proceed with the work proposed herein. The
signatory below also represents that the client has, or has secured, the authority to grant permission for
Berg♦Oliver Associates,Inc.personnel to enter the subject property as necessary to conduct these assessments and
that such permission is granted to Berg♦Oliver Associates,Inc.by the execution of this agreement/proposal. If the
client is a Corporation or a Partnership,then the signature below will also represent the personal guarantee of the
individual signing on behalf of the Client.
IN WITNESS THEREOF,Pate Engineers,Inc. and Berg•Oliver Associates, Inc.have accepted and executed this
proposal for environmental services on this the day of ,2010.
PATE ENGINEERS,INC.
By:
Authorized Signature
BERG♦OLIVER ASSOCIATES,INC.
By
Amy Brook
Senior Associate
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ATTACHMENT A
TASK A: PHASE I ENVIRONMENTAL SITE ASSESSMENT
SCOPE OF WORK
The objective of the Phase I is to identify, to the extent feasible under the processes prescribed in ASTM E 1527-
2005, the potential for recognized environmental conditions; that is, the presence or likely presence of any
hazardous substances or petroleum products on the property under conditions that indicate an existing release, a
past release, or a material threat of a release of' any hazardous substances or petroleum products into the ground,
groundwater, or surface water of the property. The Phase I will have four components, described as follows:
1. Records Review: Obtain and review records that will help identify recognized environmental
conditions in connection with the property. Some records will pertain to properties within an
additional approximate search distance in order to help assess the likelihood of potential problems
from migrating substances.
2. Site Reconnaissance: Visually and physically inspect the property and adjoining properties, to
the extent not obstructed by bodies of water, adjacent buildings, or other obstacles, for evidence of
hazardous substances or petroleum products.
3. Interviews: a) Interview owners and occupants, or their designated representatives, to obtain
information regarding current and historical uses of the property that may be related to
environmental conditions. b) Conduct inquiries of local agency (e.g. fire department, health
department) officials or staff members that may have knowledge or records of environmental
conditions or incidents related to the property or the surrounding area. Interviews may in the form
of personal contact, telephone contact, or written correspondence.
4. Evaluation and Report Preparation: The information gathered from the previous tasks will be
evaluated, and the findings will be presented in a report that describes, at minimum, site and
vicinity descriptions, current and past uses of the property and adjoining properties, information
from records reviews, information from site reconnaissance and interviews, conclusions and
opinions of impacts, if any, of recognized environmental conditions. The report will also describe
the methodologies used, and will include appropriate documentation and exhibits of information
used to conduct the assessment. Recommendations for further study, if any, will be provided in a
separate document.
INVESTIGATIVE WORK
Phase I investigative work includes, but may not be limited to, four basic tasks which are each comprised of several
components. The details of these tasks are set forth below, listing the standard components of each. The ASTM E
1527 -2005 standard prescribes a review of reasonably ascertainable information; that is, information that is
publicly available, obtainable from its source within reasonable time and cost restraints, and practically reviewable.
The availability of information will vary based on the location of a given site. Berg Oliver will attempt to review
as much of the following information as is reasonably ascertainable for this project.
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Task 1: Records Review
Standard Environmental Record Sources
Review documented environmental site Listings from Federal and State regulatory agency database sources,
including the following:
Sources
1. Federal NPL Facilities /Sites Lists
2. Federal NPL Delisted Sites List
3. Federal CERCLIS List
4. Federal NFRAP List
5. Federal RCRA Contracts List
6. Federal RCRA TSD List
7. Federal RCRA Generator List
8. Federal Finds List
9. Federal ERNS List
10. State Priority List
11. State IOP List
12. State SWLF /CLI List
13. State CLI List
14. State LPST List
15. State Registered UST /AST List
16. State PST List
17. State TCEQ VCP List
18. State Brownfield List
19. Dry Cleaner List
20. IHW List
21. Local Hazmat Spills
1.0 Mile Radius
0.5 Mile Radius
0.5 Mile Radius
0.5 Mile Radius
1.0 Mile Radius
0.5 Mile Radius
Adjoining
0.5 Mile Radius
Site Specific
1 Mile Radius
0.5 Mile Radius
0.5 Mile Radius
0.5 Mile Radius
0.5 Mile Radius
Adjoining
0.5 Mile Radius
0.5 Mile Radius
0.5 Mile Radius
0.5 Mile Radius
Adjoining
Site Specific
Documented regulatory agency sites located within the ASTM prescribed minimum search distance will be
identified and plotted on a composite site map.
Physical Setting Sources
USGS Topographic Map(s) will be reviewed to determine site topography and surface drainage patterns
of the site and the surrounding area. Current and past structures, roads, well installations, and other
improvements will be evaluated, as well as other pertinent physical features such as streams or water
bodies. Federal Emergency Management Agency floodplain map(s) will be evaluated to determine if
the subject property lies within a known floodplain. The appropriate Soil Survey from the USDA Natural
Resource Conservation Service will be reviewed to determine the site's soil conditions and general
surface geology of the area. General descriptions will be made of the subsurface hydrogeology based on
information from USGS Groundwater Maps or other sources.
Historical Use Information
Historical Aerial Photographs will be obtained from aerial photography firms having inventory of the
subject area. The photographs will be reviewed to evaluate previous land use characteristics for the
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Minimum Search Distance
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property and adjacent parcels. The photographs will also be checked for possible oil and gas exploration
activities, surficial anomalies associated with waste ponds or dumps, and previous commercial and/or
industrial activities. A Chain of Title will be reviewed from the Brazoria County Clerks records to
identify site ownership from 1940 forward. The records will be reviewed to evaluate the potential for
industrial or environmentally significant land use activities onsite, based on the identities of previous
owners. This task will be subcontracted to a title search company.
Local City Directories and Sanborn Fire Insurance Maps, if available, will be reviewed for listings of
the types of past structures or business .operations that may have existed on the property. In addition,
Texas Railroad Commission Records will be reviewed to determine if oil and/or gas exploration or
production has occurred on the site. This information will be obtained from a Regional Oil and Gas
Survey Map prepared by Tobin Research, Inc.
Task 2: Interviews and Agency Inquiries
Owner /Occupant Inquiry
Inquiries will be made of person(s) who may have knowledge of current or historical conditions associated
with the subject property. One or more of the following individuals may be contacted for an interview: 1)
Current Owner 2) Owner's Representative 3) Occupants or Tenants 4) Adjacent Property
Owners /Occupants. Interviews may be conducted in person, by telephone, or by written correspondence
in the form of an Owner /Occupant Questionnaire.
Local Agencies and/or Officials
Inquiries will be made of local agencies or officials that may have records of environmental conditions or
incidents related to the subject property or adjacent properties. Such agencies may include the Local Fire
Department, Hazardous Materials Response, City /County Health Department, Local Pollution
Control Agency, or others deemed appropriate for the property, its location, or specific conditions.
Task 3: Additional Records Sources
In the event that site specific conditions or standard information sources indicate a potential environmental
condition(s) associated with the property, other selective files or records may be reviewed for additional
information regarding such conditions. This information will be obtained at the discretion of Berg Oliver
based on the findings of the investigation. Other typical sources include specific files from the Texas
Railroad Commission, the Texas Commission on Environmental Quality, and the Environmental
Protection Agency.
Task 4: Site Reconnaissance
General Site Setting
Site reconnaissance will be conducted to physically and visually inspect the property for indications of
environmental conditions. Observations will be made of the Current Site Usage, Adjacent Site Usage,
Topography and Landscape, Structures, Roads, Improvements and, to the extent practicable, Potable
Water Supply, Sewage Disposal System, and other Utility Installations.
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Interior and Exterior Observations
The property and any buildings or structures will be inspected for visual or physical evidence of
hazardous substances or petroleum products. Exterior observations include, but are not limited to, pits,
ponds, lagoons, stained soil or pavement, pools of liquid, strong odors, stressed vegetation, solid waste,
waste water and associated discharge(s), above or below ground storage tanks, drums or containers,
unidentified substances, wells, or septic systems. If interior inspection is required, observations will
include those listed above, if applicable, as well as heating /cooling sources and fuels, stains or
corrosion, drains and sumps, storage or treatment areas, and construction materials. Any listed, or non
listed, indicator of hazardous substances or petroleum products will be identified in the findings of the
report.
TASK B: WETLAND DUE DILIGENCE SURVEY
The goal of the Wetland Due Diligence Study is to provide a cost effective evaluation of the project site for wetlands
that may influence the design and/or construction of a project. The Wetland Due Diligence Study is NOT a wetland
delineation conducted according the Corns of Engineer's Wetland Delineation Manual Technical Report Y -87 -1.
but it is based on the criteria used by the U.S. Army Corps of Engineers (USACE) to determine Jurisdictionality
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. The Due Diligence
Study should not be used as a baseline for actual engineering or design, but it can prove to be valuable for evaluating
the feasibility of a project.
If potential wetland areas are discovered during site reconnaissance, their approximate areas and locations will be
estimated and located on a site drawing. Based upon our findings, delineation of wetland areas may be
recommended to determine the actual acreage of jurisdictional wetlands. If no wetland areas are found that would be
considered jurisdictional, Berg Oliver Associates, Inc. will provide a letter indicating such findings.
In order for work to begin, the client must provide a plat, map, or survey of the property sufficient for Berg 4Oliver
Associates, Inc. to determine, while in the field, the boundary edges of the study site.
6. Make recommendations as appropriate.
SCOPE OF WORK
The tasks we are proposing to provide in the Wetland Due Diligence Study are as follows:
1. Perform in -office evaluation of the property from infrared aerial photography and other available
information to identify potential wetlands.
2. Conduct a field reconnaissance, which will include walking the entire perimeter of the project area
to confirm the findings of the in -office evaluation.
3. Document field notes and general observations of the site, and estimate approximate sizes and
locations of any wetland areas and/or hydrological connections to a Water of the U.S. and/or 100
year FEMA floodplain.
4. Classify any identified wetlands as "isolated," "potentially isolated," "adjacent," or "potentially
adjacent."
5. Prepare a letter report of findings, including a map rendering of the site, with the above information.
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7. Upon client request, submit findings to the USACE in order to obtain an official Jurisdictional
Determination. The USACE determination may indicate the necessity of obtaining a permit. If a
permit is required for site activities, a wetland delineation and a subsequent USACE verification
will likely be required. (Response from the USACE may take up to 120 days.)
POTENTIAL ADDITIONAL SERVICES
TASK C: LIMITED PHASE II SITE INVESTIGATION
SCOPE OF WORK
The objective of the Limited Phase II Site Investigation is to identify, to the extent feasible, the presence or absence
of selected specific materials which may be listed by the Environmental Protection Agency, Texas Commission on
Environmental Quality (TCEQ formerly TNRCC), or other government agency, as hazardous or toxic materials or
petroleum products. The Limited Phase II Site Investigation will have four components, described as follows:
1. Determination of materials and substances to be tested: Based upon preliminary findings or
suspicions, specific compounds will be identified as the target compounds for testing. In most
cases, a specific concem will determine which analytical tests are required. In a relative few
circumstances a complete scan of all EPA listed hazardous materials may be recommended.
2. Securing of Test Samples: Collection of soil borings, if applicable, will be performed using a
GeoProbe "Direct Push" soil sampler. Soil samples will be sealed within four -foot (4') clear poly
tubing for field analysis. Field sample determination for soil tests or composites will be conducted
by the on -site Berg 4 Oliver field supervisor, field engineer, or geologist. Groundwater samples, if
applicable, will be secured from the first water bearing zones and groundwater screening sample
extracted for analysis
3. Analytical Testing: Samples secured during soil boring and/or groundwater sampling events will
be taken to an accredited laboratory for laboratory analysis for suspected contaminants. All
samples will be properly contained and sealed for transport to the selected laboratory along with
complete Chain of Custody forms.
4. Analytical Results and Site Investigation Report: The results of analytical tests will be
reflected in a Site Investigation Report (SIR). Findings will be compared to acceptable levels of
contaminants to determine if concentrations appear to exceed published human health and safety
concentrations (MCL).
5. Exclusions: The scope of work does not involve the setting of groundwater monitoring wells,
preparation of potentiometric surface maps, or plume concentration mapping since a higher level
of subsurface analysis is required. If indicated from test results, a more comprehensive subsurface
analysis may be recommended under a separate contract.
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TASK D: WETLAND DELINEATION
SCOPE OF WORK
The objective of the Delineation is to evaluate any portion of the site to be classified as a "Jurisdictional Water of the
United States" as defined in 33 CFR 328 and subject to USACE jurisdiction.
Delineation work will consist of the following tasks:
Task 1: Review of NRCS Soil Surveys: Task 1 will include a review of previously published soil data
published by the U.S. Department of Agriculture, Natural Resource Conservation Service (NRCS), to
determine the types of surface soils expected to be confirmed by on -site soil analysis.
Task 2: Review of Aerial Photographs. Task 2 will include a review of historical aerial color and
black/white photographic enlargements for selected years. Infrared color photographs will be analyzed for
the presence of wetland signature color distortions. Information for all photographic interpretation will be
compared to locate recurring sites where wetland signatures are present.
Task 3: Site Reconnaissance for Wetland Indicators.: Task 3 will include inspecting the property under the
field procedures outlined in the Corps of Engineers Wetland Delineation Manual Technical Report Y -87-
1 by the USACE.
Transects are required for tracts greater than 5 acres in size, unless negotiated with the USACE to forego
transects based on the homogeneous landscape and habitat type. If necessary, 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 it 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 each sample area. Soil samples will be evaluated at each test site for their
hydric and non -hydric characteristics. Non -hydric soils verify upland status and are as significant as hydric
soils in the determination process.
Task 4: Demarkation of Wetland Areas: Task 4 will include the flagging of the jurisdictional wetland areas
and/or the ordinary high water mark for location by a Registered Professional Land Survey (RPLS) or
Global Positioning System (GPS). Location of the areas by RPLS or GPS survey using the USACE October
2003 Standard Operating Procedures is required for USACE verification/permitting and is recommended for
project planning.
Task 5: Preparation of a Map Representing Wetland Areas: Upon receipt of the RPLS or GPS wetland areas
and the Limits of the Jurisdictional Waters, information regarding the field location of the boundaries of all
Section 10 and 404 waters /wetland limits within the property boundaries will be plotted on a scaled map.
Each Jurisdictional area will be depicted with the following information: (I) size and shape; (2) surface area
calculation (acres); and (3) combined total wetland and Jurisdictional Water area calculations for the entire
subject tract. The final report submitted to the client from Berg♦ Oliver will reflect the surveyed data from
the RPLS or GPS survey showing the location of the wetlands.
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, two copies of which
will be given to the client. The report will include a discussion of methodology used to delineate the tract,
site findings, copies of all historical information reviewed, such as U.S. Geological Survey topographical
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maps, NRCS soil survey maps, aerial photographs, site photographs, USACE routine data sheets, and a
wetland delineation map.
TASK E: U.S. ARMY CORPS OF ENGINEERS VERIFICATION
SCOPE OF WORK
A U.S. Army Corps of Engineers Verification of the Wetland Delineation performed by Berg *Oliver is
recommended. The Verification includes a site visit with USACE personnel to inspect the property under the field
procedures outlined in the Corps of Engineers Wetland Delineation Manual Technical Report Y -87 -1. Upon
written or oral authorization from the client, Berg +Oliver will submit the Wetland Verification request to the
USACE and coordinate a site visit to verify the findings. Berg Oliver will notify the client of the date of the site
visit with the USACE. Berg•Oliver anticipates that the actual site verification will be completed in one (1) field
day, which will be scheduled by the USACE (normally within two to six months from the request submittal). The
USACE will typically draft the verification letter within thirty (30) to sixty (60) days following the site field visit.
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