R-2016-109 2016-06-27RESOLUTION NO. R2016-109
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into a Master Services Agreement with
Ardurra Group LLC, in an amount not to exceed $376,134, for Owner's
Representative Services associated with the Surface Water Plant; and
authorizing the appropriation of $300,000 from the Fund 550 fund balance.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Master Service Agreement, 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 Master Service Agreement.
PASSED, APPROVED and ADOPTED this the 27t" day of June. A.D., 2016.
ATTEST:
1
NG LO',' ING, TR
SEC '!3 ARY
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2016-109
Exhibit "A"
MASTER SERVICE AGREEMENT
This Master Service Agreement (MSA) (Agreement) is made this Z� day of June ,
2016 by and between the City of Pearland having offices at 3519 Liberty Drive Pearland, Texas
77581, hereinafter referred to as the "CITY" and Ardurra Group LLC, (Ardurra), a company formed
under the laws of the State of Louisiana and having offices at 2032 Buffalo Terrace, Houston, Texas
77019, hereinafter referred to as "CONSULTANT."
WHEREAS, the CITY desires to contract with the CONSULTANT from time to time to provide Owner's
Representative services to support the ongoing Enterprise Fund projects; and
WHEREAS, the CONSULTANT is willing to provide such services on a nonexclusive basis; and
WHEREAS this Agreement does not obligate CITY to order work from CONSULTANT, nor does it
obligate CONSULTANT to accept orders for work, but it shall control and govem all work accepted
by CONSULTANT under written Task Orders and shall define the rights, obligations, and liabilities of
CITY and CONSULTANT during the term hereof with respect to the matters covered herein; and
NOW THEREFORE, in consideration of the faithful performance of the terms and conditions set forth
herein, the parties hereto agree as follows:
ARTICLE 1 - TASK ORDERS
1.1 Tasks to be performed in conjunction with this agreement are as outlined in each specific Task
Order.
1.2 CITY may, from time to time, request CONSULTANT to perform services (Work) hereunder
by issuing CONSULTANT a written Task Order, which shall set forth a Scope of Work
including:
a) The location of the Work Site;
b) The Work required to be performed, including any drawings, plans and/or specifications
applicable to such Work;
c) The time limits within which such Work must be completed to CITY'S satisfaction;
d) The CITY'S office to which CONSULTANT is to render its invoice; and
e) Any other requirements applicable to such Work not inconsistent with the other terms and
conditions of this Agreement.
1.2 The CONSULTANT shall review the Task Order, prepare a cost estimate to complete the
Scope of Work, agree to an estimated schedule for performance, and return the Task Order
for CITY'S authorization.
1.3 CITY may also issue oral Task Orders to which CONSULTANT will respond with a written
proposal.
1.4 Upon receipt of CITY'S written acceptance, the CONSULTANT shall commence the Work as
detailed on the Task Order. Facsimiles and/or email of executed Task Orders will be accepted
in emergency situations to expedite the commencement of Work.
1.5 In the event of conflict between the requirement of a Task Order and this Agreement, the
Agreement will, in all cases, take precedence, unless a variance is specifically noted and
agreed to by both parties.
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ARTICLE 2. COMPENSATION
2.1 CONSULTANT will bill for its services as defined on the specific task order. Acceptable
contracting methods include lump sum, cost plus, time and materials based on the Rate
Schedule included in specific Task Order or other mutually agreeable method. Use of
CONSULTANT -owned equipment will be billed in accordance with CONSULTANT'S
standard fee schedule. The CONSULTANT'S pricing, unless otherwise stated, shall not
include any present or future federal, state, or local property, license, privilege, sales, use,
excise, gross receipts or other like taxes or assessments, which may be applicable to,
measured by, imposed upon, or resulting from the performance of the Work. If used, Revised
Rate Schedules will be submitted to the CITY annually to reflect changes in compensation
for the categories listed.
2.2 CONSULTANT will submit monthly invoices for Services rendered. Payment terms are net
thirty(30) days from date of invoice. If CITY objects to all or any portion of an invoice, it will
notify CONSULTANT of the same within fifteen (15) days from the date of receipt of the
invoice and will pay that portion of the invoice not in dispute within thirty (30) days from the
date of the invoice, and the parties shall immediately make every effort to settle the disputed
portion of the invoice.
2.3 If CITY fails to make any payment due CONSULTANT within thirty (30) days after receipt of
an invoice, other than those amounts being disputed by CITY as provided in Section 2.2
above, then the amount due CONSULTANT will increase at the rate of 1.5 percent per month
after the 30th day. In addition, CONSULTANT may, after giving seven (7) calendar days'
written notice to CITY, suspend its Services and any deliverables until CONSULTANT has
been paid in full for all amounts outstanding more than thirty (30) days. In the event that
payment in full is not received, CONSULTANT reserves the right to have collection handled
by CONSULTANT'S attorneys and any and all costs of collection, including reasonable
attorney's fees, shall be paid by CITY.
ARTICLE 3. CITY'S RESPONSIBILITIES
3.1 CITY will furnish to CONSULTANT all existing studies, reports, data and other information
available to CITY necessary for performance of the work and authorize CONSULTANT to
obtain additional data as required. CONSULTANT will be entitled to use and rely upon all
such information and services.
3.2 Where necessary to the performance of the work, CITY shall arrange for CONSULTANT
access to any site or property.
3.3 In the event of scheduled, prearranged or mandated events, meetings, access to sites,
delivery of documentation or other obligations, the responsibility of which the CITY has agreed
to and upon which the CONSULTANT relied, and which events, meetings, entrees to sites,
delivery of documentation or other obligations could not or did not take place, or were required
to be rescheduled because of the failure of the CITY in the discharge of the CITY'S
obligations, all costs associated with that rescheduling shall be borne by the CITY.
3.4 If the work involves excavations or drilling, it is the responsibility of the CITY to provide the
CONSULTANT with assistance in locating underground structures or utilities in the vicinity of
any exploration or investigations; provided, however, that in no event shall CITY be liable for
any damage caused by CONSULTANT's failure to properly locate such underground
structures or utilities.
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3.5 CITY recognizes that, when it is known, assumed or suspected that hazardous materials exist
on or beneath the surface of the site of the Work or within any structure thereon, certain
sampling materials,
3.6 In the event of conflict between the requirement of a Task Order and this Agreement, this
Agreement shall take precedence.
ARTICLE 4. PERFORMANCE OF SERVICE AND EXTENSION OF AGREEMENT
4.1 CONSULTANT shall perform the services at times and at locations as CITY may request.
CONSULTANT shall use its best efforts in the performance of services hereunder and
represents that such services will be performed in a professional, timely, efficient and
competent manner. CONSULTANT shall comply with all laws, rules, regulations and
requirements of CITY and any applicable governmental authorities in connection with the
performance of the services. In addition, CONSULTANT shall, at its own expense, obtain
and maintain during the Term all necessary licenses, permits, approvals and other
authorizations required in connection with performance of the services.
4.2 This Agreement shall commence on the date set forth above and shall automatically renew
with the agreement of both parties for subsequent one-year terms with provisions for annual
rate schedule changes, or as identified in Task Orders or CONSULTANT'S proposals, unless
otherwise terminated in accordance with the provisions of this Agreement.
4.3 The dates of performance shall be interpreted as a material consideration in the Agreement;
however, in the absence of an amended Agreement, dates shall not be construed as falling
within the meaning of "time is of the essence."
4.4 The schedule and compensation may be influenced by the availability of information, public
and regulatory agency concerns, weather, and numerous other factors that may not be
foreseen during initial project planning. The CITY and CONSULTANT will negotiate in good
faith and mutually agree on proposed schedule and costs changes as they occur, as
appropriate.
4.5 Services additional to those set forth in the Task Order will be performed and completed within
the time period and compensation agreed to in writing by the parties at the time such services
are authorized.
4.6 If any time period within or date by which any of CONSULTANT'S services are to be
performed is exceeded for reasons outside of CONSULTANT'S reasonable control, all rates,
measures and amounts of compensation and the time for completion of performance shall be
subject to equitable adjustment.
4.7 Pro Trak: Consultant shall use this along with a standard reporting process.
ARTICLE 5. CONFIDENTIALITY
5.1 The CONSULTANT and the CITY (including the employees, officers, agents, and directors
of the respective parties) shall treat as confidential and proprietary, and will not disclose to
others during or subsequent to the term of this Agreement, except as is necessary to perform
the work under this Agreement, any information whether verbal or written of any description
whatsoever, (including any technical information, experience, or data) regarding either party's
plans, programs, plants, processes, products, costs, equipment, or operations, which may
come within the knowledge of the parties in the performance of this Agreement, without in
each instance securing the prior written consent of the other party. Nothing contained within
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this Article shall prevent either party from disclosing to others, or using in any manner,
information which has been published and has become part of the public domain other than
by acts, omissions, or fault of either party; has been fumished or made known to either party
by third parties directly or indirectly; or was developed independently by either party.
5.2 In the event that either party shall be required by subpoena, court, or administrative order to
disclose any of the information deemed by this Agreement to be confidential and/or
proprietary, that party shall give immediate written notice to the other party. Upon receipt of
the notice, the party whose information may be disclosed shall have the right to interpose all
objections to the disclosure.
ARTICLE 6. STANDARD OF CARE
6.1 In performing services, CONSULTANT agrees to exercise professional judgment, made on
the basis of the information available to CONSULTANT, and to use the same degree of care
and skill ordinarily exercised in similar circumstances by consultants performing comparable
services. This standard of care shall be judged as of the time and place the services are
rendered, and not according to later standards.
6.2 CONSULTANT makes no other warranty, expressed or implied.
ARTICLE 7. INSURANCE
CONSULTANT, at its own expense and at all times during the Term, will maintain (i)
commercial general liability insurance applicable to CONSULTANT's operations related to
this Agreement, including coverage for the contractual indemnification provided by
CONSULTANT, providing on an occurrence basis a minimum combined single limit of
$1,000,000.00 with a general aggregate limit of $2,000,000.00, and (ii) business automobile
liability insurance providing on an occurrence basis a minimum combined single limit of
$500,000.00. Such insurance shall name CITY and its affiliates and subsidiaries as additional
insureds. CONSULTANT further will maintain such insurance as will fully protect
CONSULTANT and CITY from any and all claims by employees of CONSULTANT under the
workers' compensation act or employers' liability laws, including any employers' disability
insurance laws, and from any and all other claims of whatsoever kind or nature for any and
all damage to property or for personal injury, including death to anyone whomsoever, that
may arise from operations by CONSULTANT or by anyone directly or indirectly engaged or
employed by CONSULTANT. All policies of insurance shall be primary and non-contributory
with any other coverage elsewhere afforded or available to CITY, as well as provide primary
coverage for all losses and damages caused by the perils covered thereby. The policies will
provide that they may not be canceled or altered without at least thirty (30) days prior written
notice to CITY. CONSULTANT will deliver to CITY satisfactory evidence of all such insurance
upon the execution of this Agreement and at least ten (10) days prior to the expiration of any
policy term. The form, content and insurers for each policy shall be subject to the satisfaction
of CITY. If CONSULTANT fails for any reason other than the fault of CITY to provide all of
the insurance required by this Section 7, CITY shall be entitled (but have no obligation), in
addition to all other remedies available to CITY as a result of such default, to purchase such
insurance not provided by CONSULTANT and collect from CONSULTANT (or retain from
sums otherwise owing to CONSULTANT) an amount equal to the premiums paid by CITY,
plus a late charge equal to 10% per annum on the amount of such premiums, calculated from
the date such insurance was due until CONSULTANT pays the amount of such premiums
plus late charge to CITY.
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ARTICLE 8. INDEMNITY
8.1 To the fullest extent permitted by law, the CONSULTANT hereby agrees as follows:
a) with regard to the professional services performed and to be performed hereunder by or
through the CONSULTANT, CONSULTANT agrees, to the fullest extent permitted by law,
to indemnify and hold CITY harmless from any damage, liability or cost (including
reasonable attorneys' fees and costs of defense) to the proportionate extent that Claims
are caused by CONSULTANT's negligent services or willful misconduct. The indemnity
obligations provided under this section shall only apply to the extent such Claims are
determined by a court of competent jurisdiction or arbitrator to have been caused by the
negligence or willful misconduct of CONSULTANT. The CONSULTANT shall have no
duty to defend but shall reimburse defense costs to the same extent as the overall
indemnity obligations herein. These indemnity obligations shall not apply to the extent
said Claims arise out of, pertain to, or relate to the negligence of CITY or their agents, or
other independent contractors, or other consultants of CITY, or others who are directly
responsible to CITY, or for defects in design or construction furnished by those persons
and/or entities; and
b) with regard to any acts or omissions of the CONSULTANT in connection with this
Agreement which do not comprise professional services, the CONSULTANT further
agrees to indemnify, defend and hold harmless CITY from and against any and all
claims, demand actions, causes of action, losses, liabilities, costs, reasonable
attorneys' fees and litigation expenses (all of the foregoing being hereinafter individually
and collectively called "claims") provided that any such claim is attributable to bodily
injury, death, or property damage suffered or incurred by, or asserted against, the
Indemnified Parties to the extent, but only to the extent, that the claims are the result of
any negligent act or omission by the CONSULTANT, its consultants or subconsultants
or anyone for whom the CONSULTANT is responsible under this agreement, excluding,
however, bodily injury, death or property damage arising out of the rendering or failure
to render any professional services by the CONSULTANT (which is covered by Section
"8.1a" above).
8.2 CITY agrees, to the fullest extent permitted by law, to indemnify and hold CONSULTANT
harmless from any damage, liability or cost (including reasonable attorneys' fees and costs
of defense) to the extent caused by the CITY's willful misconduct or negligent acts, errors or
omissions.
8.3 Neither CITY nor CONSULTANT shall be obligated to indemnify the other party in any
manner whatsoever for the other party's own negligence or willful misconduct.
ARTICLE 9. ALLOCATION OF RISK
9.1 To the fullest extent permitted by law, the total liability in the aggregate of CONSULTANT and
its employees, subcontractors or suppliers to CITY and anyone claiming by, through or under
CITY on all claims of any kind (excluding claims for death or bodily injury) arising out of or in
any way related to CONSULTANT'S services, or from any cause or causes whatsoever,
including but not limited to negligence, errors, omissions, strict liability, indemnity or breach
of contract, shall not exceed the compensation received by CONSULTANT for the Task Order
upon which such liability is based, or the maximum amount of the CONSULTANT'S insurance
coverage, whichever is greater.
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9.2 In no event, whether in contract, indemnity, warranty, tort (including negligence), strict liability
or otherwise, shall CONSULTANT, its employees, subcontractors or suppliers be liable for
loss of profits or revenue; loss of use of any equipment or facilities; cost of capital; cost of
purchased power; cost of substitute equipment, facilities or services; downtime costs; any
special consequential, incidental or exemplary damages; or claims of customers of CITY.
9.3 If CONSULTANT furnishes CITY with advice or assistance concerning any products, systems
or services, which is not required under the Scope of Work or any other contract among the
parties, the furnishing of such advice or assistance will not subject CONSULTANT to any
liability whether in contract, indemnity, warranty, tort (including negligence), strict liability or
otherwise.
ARTICLE 10. OWNERSHIP OF DOCUMENTS
10.1 In the event CONSULTANT prepares a written report related or pertaining to the Work,
CONSULTANT shall furnish to CITY the number of copies of such report specified in the Task
Order as well as supporting documents and media directly related to the production of said
work that include AutoCAD files, surveys, and laboratory test data. Except for the reports and
previously mentioned data, all other field data and notes, calculations, estimates and other
documents, which the CONSULTANT prepares, shall remain the property of the
CONSULTANT. The CITY agrees that all reports and other work the CONSULTANT
provides, which are not paid for, will be retumed or destroyed by CITY upon demand and will
not be used for any purpose whatsoever other than those purposes contemplated in this
Agreement and any Task Order. CONSULTANT hereby assigns and agrees to assign to
CITY all rights to inventions, trade secrets, copyrights and technical data developed,
conceived or reduced to practice by CONSULTANT, alone or jointly with others, which directly
result from services performed under this Agreement, including all documents, plans,
proposals, reports, programs, screens, forms, scripts, procedures, functions, analysis, data,
ideas, specifications, descriptions, notes, and designs prepared or furnished by
CONSULTANT, CITY or any other party in connection with the consulting assignment of the
CONSULTANT pursuant to this Agreement. Such obligation to assign shall be effective during
the Term and for one year thereafter, except such items that CONSULTANT can prove were
conceived by CONSULTANT after the termination of this Agreement and not under
circumstances contrary to any provision of this Agreement. CONSULTANT shall provide
detailed written descriptions of any inventions, trade secrets, copyrights and technical data to
be assigned as requested by CITY, and shall cooperate with CITY as needed in order to
protect and enforce proprietary rights of CITY.
10.2 Any report prepared as part of the work will be prepared solely for use of the CITY. Other third
parties are not to rely on the report unless both CONSULTANT and CITY consent in writing
to such reliance. CONSULTANT may assess a charge in connection with documenting such
consent.
10.3 CONSULTANT will prepare and perform the work according to the scope and purposes of
this Agreement and Task Orders. To the extent that the work product is utilized in any manner
outside the scope and purposes of this contract, CONSULTANT reserves the right to notify
directly any third -party recipient of the limitations of the work product due to the scope and
purposes of the contract under which it was prepared. It is expressly acknowledged that this
reservation by CONSULTANT is necessary to protect and preserve CONSULTANT'S
professional reputation with respect to its work product.
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ARTICLE 11. INDEPENDENT CONTRACTOR; AUTHORITY
11.1 This Agreement does not, and shall not be construed to, make CONSULTANT the agent or
legal representative of CITY. CONSULTANT does not have, and shall disclaim, any right,
power or authority to assume or create any obligations for, on behalf of, or in the name of
CITY or to deal with CITY's property. CONSULTANT shall not incur or contract, or purport to
incur or contract, any debt or obligation on behalf of CITY, or commit any act, make any
representation, or advertise in any manner that may adversely affect any right of CITY or be
detrimental to CITY's good name and reputation. CONSULTANT shall not have any authority
over any employee or officer of CITY, nor shall CITY be required in any manner to implement
any plans or suggestions CONSULTANT may provide.
ARTICLE 12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
12.1 The CONSULTANT shall observe all applicable provisions of the federal, state and local laws
and regulations, including those relating to equal opportunity employment.
ARTICLE 13. SAFETY
13.1 The CITY shall be obligated to inform the CONSULTANT and its employees of any applicable
site safety procedures and regulations known to CITY, as well as any special safety concerns
or dangerous conditions at the site. The CONSULTANT and its employees will be obligated
to adhere to such procedures and regulations once notice has been given.
ARTICLE 14. LITIGATION
14.1 At the request of CITY, CONSULTANT agrees to provide testimony and other evidence in
any litigation, hearings or proceedings to which CITY is or becomes a party in connection with
the work performed under this Agreement. CITY agrees to compensate CONSULTANT at its
contract rates for its time and other costs in connection with such evidence or testimony.
Similarly, if CONSULTANT is compelled by legal process to provide testimony or produce
documents or other evidence in connection with work performed, CONSULTANT agrees to
contact CITY prior to providing testimony or producing documents or other evidence and
cooperate with CITY and CITY's counsel. CITY agrees to compensate CONSULTANT at its
contract rates for its time and expense in connection with such testimony or document and
other evidentiary production. In the event the support services of CONSULTANT are required
in connection with litigation instituted by or against the CITY, CITY agrees to obtain from
CITY'S counsel, a fully executed Agreement for Expert Service.
ARTICLE 15. NOTICE
15.1 All notices to either party by the other shall be deemed to have been sufficiently given when
made in writing and delivered in person, by facsimile, certified mail or courier to the address
of the respective party that is shown on page 1 of this Agreement or to such other address as
such party may designate.
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ARTICLE 16. TERMINATION
16.1 CITY reserves the right to delay the commencement of or suspend CONSULTANT's
performance of any or all of the Work. The performance of Work under any individual Task
Order may be terminated or suspended by either party, in whole or in part. Such termination
shall be effected by delivery of fifteen (15) days' prior, written notice specifying the extent to
which performance of work is terminated and the date upon which such action shall become
effective. In the event work is terminated or suspended by CITY prior to the completion of
services contemplated under any Task Order, CONSULTANT shall be paid for (i) the services
rendered to the date of termination or suspension; (ii) demobilization costs; (iii) costs incurred
with respect to non -cancelable commitments; and (iv) reasonable services provided to
effectuate a professional and timely project termination or suspension. Additionally, and not
withstanding anything in this Agreement to the contrary, CITY shall at all times have the right
to terminate this Agreement by providing thirty (30) days prior written notice of such
termination to CONSULTANT.
ARTICLE 17. SEVERABILITY
17.1 If any term, covenant, condition or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of these Terms and
Conditions shall remain in full force and effect, and shall in no way be affected, impaired, or
invalidated thereby.
ARTICLE 18. WAIVER
18.1 Any waiver by either party or any provision or condition of these Terms and Conditions shall
not be construed or deemed to be a waiver of a subsequent breach of the same provision or
condition, unless such waiver is so expressed in writing and signed by the party to be bound.
ARTICLE 19. GOVERNING LAW; JURISDICTION
19.1 This Agreement shall be governed by, and interpreted and construed in accordance with, the
laws of the State of Texas, without reference to the conflict of laws principles of any
jurisdiction. If any permitted suit, action or proceeding is brought in connection with this
Agreement, exclusive venue for such suit, action or proceeding shall be in the courts in
Brazoria County, Texas, and each party submits to the jurisdiction of such courts for the
purpose of any such suit, action or proceeding. Each party irrevocably waives any objections
which it may now or hereafter have to the laying of venue of any permitted suit, action or
proceeding arising out of or relating to this Agreement brought in the courts located in Brazoria
County, Texas, and hereby waives any claim that any such suit, action or proceeding brought
in any such court has been brought in any inconvenient forum.
19.2 In the event that either party must resort to legal action to enforce any provision of this
Agreement, the non -prevailing party agrees to pay attomey fees and other costs resulting
from such action.
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ARTICLE 20. ASSIGNMENTS AND DELEGATION; NO SUBCONTRACTORS
20.1 This Agreement may not be assigned or transferred by CONSULTANT, in whole or in part,
nor may CONSULTANT delegate its duties under this Agreement, in whole or in part, in any
of the foregoing circumstances without the prior written consent of CITY, and any assignment
or delegation in violation of this Section shall be void. CITY shall have the right to assign this
Agreement and any of its rights hereunder to any affiliate of CITY or as a part of a sale or
transfer of the stock, assets or business of CITY or any substantial portion thereof. This
Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their
respective heirs, successors and permitted assigns. CONSULTANT shall not engage any
third parties or independent contractors to perform the services under this Agreement without
the express written consent of CITY.
ARTICLE 21. CAPTIONS
21.1 The captions of these Terms and Conditions are intended solely for the convenience of
reference and shall not define, limit or affect in any way the provisions, terms and conditions
hereof or their interpretation.
ARTICLE 22. ENTIRE AGREEMENT
22.1 This Agreement, and the Task Orders, constitute the entire agreement between the parties
pertaining to the subject matter hereof, and supersedes all prior and contemporaneous
agreements, understandings, negotiations and discussions between the parties, whether
oral or written in respect of this matter. There are no representations, warranties, collateral
agreements, conditions or other agreements between the parties hereto in connection with
the subject matter hereof except as specifically set forth herein.
{Remainder of this page intentionally left blank.)
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IN WIT ESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
repr: / ativ - of the day and year set forth in this Agreement.
CI • PEARLAND DATE
Jim
COP/XTAN
06/10/2016
DATE
Page 10 of 10
ATTACHMENT A
TASK ORDER No. 1
MASTER SERVICE AGREEMENT (MSA), Project Management Services
Pursuant and subject to the above captioned MSA dated between the City of
Pearland and Ardurra Group LLC. The City hereby requests that Consultant perform the work
described below upon the terms set forth:
CITY PROVIDED INFORMATION:
Work Site: Surface Water Plant (Project # - WA 1605)
Work to Be Performed: Provide Owner's Representative Services for the project listed above.
Drawings, plans, specifications are not attached: yes
Date and Time to Commence: June 27, 2016
Date and Time to Complete: June 30, 2017
Equipment, vehicles, tools, materials, supplies to be furnished or obtained through third parties by
the CITY (if any): Costs are outlined in the detailed Scope of Services, Level of Effort and
include reproduction costs and mileage.
Invoice Mailing Instructions: Invoices will be submitted to Pearland Project Manager — Andrea
Brinkley via Manage It, the City's Project Management Information System.
Other Requirements or Variance from MSA (if any): N/A
CONSULTANT PROVIDED INFORMATION:
Compensation: $ 376,134
Billing Terms: Hourly Not to Exceed and Lump Sum
Scope of Work: See Detailed Scope of Services for Task Order No. 1
ACCEPTANCE:
The foregoing TASK ORDER is accepted on the terms set forth as indicated by the signatures below.
CONSULT : Ardurr/Group LLC
By:
City of re
By:
Printed Name: Jeffrey S. Peters Printed Nam
Title: Principal Engineer
Date: 6/20/16
Title:
Date:
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Ardurra
P
2032 Buffalo Terrace
Houston Texas 77019
TBPE Firm #17004
(t) 713.385.5601
www.ardurragroup.com
June 9, 2016
Mrs. Andrea Brinkley
City of Pearland
Engineering & Capital Projects
3519 Liberty Drive
Pearland, Texas 77581
Subject: Task Order No. 1 - Proposal for Professional Engineering Services
Owner's Representation Services for the
10 MGD Surface Water Treatment Plant
Dear Mrs. Brinkley:
Ardurra Group, LLC (Ardurra) is excited to have the opportunity to submit this proposal to the City of
Pearland to provide professional engineering services in conjunction with the subject project.
Please find the attached Exhibit 1A -Scope of Services which provides the detailed scope of services for
the planning and preliminary engineering and professional for the initial stages of the subject project.
These services include funding application assistance, preliminary feasibility report, water quality data
review, final design consultant procurement assistance, and water system conveyance analysis.
Based on the scope of services included in Exhibit 1A, we propose to complete the work under a
maximum not to exceed basis in the amount of $376,134.00 as shown in the task breakdown on Table
A-1. Also, please find the attached detailed level of effort tabulation as well as the anticipated
completion schedule.
We look forward to beginning work on this important project and appreciate the opportunity to serve
the City of Pearland. If you have any questions or require additional information, please contact me at
713-385-5601.
Sincerely,
A1ttc
Jffrey S. Peters, P.E., BCEE
Principal Engineer
Ardurra Group, LLC
TPBE Firm Registration No. 17004
Attachments
TEXAS I
LOUISIANA 1
MISSISSIPPI 1
FLORIDA 1
NEW YORK
Task Order No. 1
Detailed Scope of Services
June 9, 2016
Scope of Services
For
Owner's Representative Services
For
10 MGD Surface Water Treatment Plant
The Engineer will execute tasks necessary to perform Owner's Representative duties and
responsibilities for planning and development activities related to the proposed surface water
treatment plant (SWTP) for the City of Pearland as defined in this Task Order. The initial work tasks
associated with these engineering services is separated into the following services and tasks:
1. Project Management Services
2. TWDB Funding Application Assistance
3. Engineering Feasibility Study and Report
4. Design Consultant RFQ and Selection Assistance
5. Water Quality Review Assistance
6. Overall Water System Conveyance Analysis
1. PROJECT MANAGEMENT SERVICES
1.1. Coordinate with staff and project personnel to complete project tasks and meet project
objectives;
1.2. Engineer will conduct monthly progress meetings throughout the project with City staff to
review work completed to date, project schedule, and other issues. Engineer will provide
appropriate and necessary documentation;
1.3. Coordinate lead/conduct project workshops needed throughout the course of the project
and prepare agendas, materials, exhibits or coordinate production of same as necessary to
execute required tasks;
1.4. Coordinate, lead/conduct, and/or participate in site visits as necessary in the execution of or
required tasks;
1.5. Develop and maintain a project schedule with detailed milestones;
1.6. Generate monthly status reports and preparation of invoices to be submitted together for
review and approval;
1.7. Provide quality control reviews and technical reviews of all evaluations and
recommendations, technical memoranda, and reports, and;
1rdurra A-1
Task Order No. 1
Detailed Scope of Services
1.8. Work with City Project Manager (and other designated City personnel) to coordinate City
reviews of work products. Work with internal project team to document and incorporate
City comments.
2. TWDB FUNDING APPLICATION ASSISTANCE
2.1. SWIFT Funding Assistance
2.1.1.Prepare an application and necessary exhibits for funding assistance from the Texas
Water Development Board (TWDB) though the SWIFT funding mechanism and submit
the application by the statutory deadline of May 11, 2016.
2.1.2.Coordinate with TWDB as necessary to complete the application.
2.2. Drinking Water SRF Funding Assistance
2.2.1.Prepare an application and necessary exhibits for funding assistance from the Texas
Water Development Board (TWDB) though the Drinking Water funding mechanism by
completing the DWSRF IUP Solicitation Packet — Project Information Form.
2.2.2.Prepare an application and necessary exhibits for funding assistance from the Texas
Water Development Board (TWDB) though the Drinking Water funding mechanism by
completing the full DWSRF application and supporting exhibits.
2.2.3.Prepare necessary Environmental Documents (EID) required for submission of the
DWSRF application with FEDERAL assistance including:
2.2.3.1. TWDB Federal Environmental Review (EID) (TWDB-0801) latest revision.
2.2.3.2. Waters of the US delineation
2.2.3.3. Texas Historical Commission Request for Coordination
2.2.4.Tasks NOT included in this Task Order, but reserved for future Task Order include:
2.2.4.1. USACE Application for Department of the Army Permit (Form 4345)
2.2.4.2. Threatened and Endangered Species Habitat Evaluation
2.2.4.3. Archaeological Pedestrian Survey
2.2.5.Coordinate with the TWDB as necessary to complete the application.
4rdurra
roup
A-2
Task Order No. 1
Detailed Scope of Services
2.3. Preparing, presenting and attending public meetings as may be required by the Texas Water
Development Board process to complete the application process. This does NOT include
attendance in Austin for meetings with the TWDB.
3. ENGINEERING FEASIBILITY STUDY AND REPORT (PER TEXAS WATER DEVELOPMENT BOARD
GUIDANCE DOCUMENT TWDB-0555)
3.1. Existing System Description
3.1.1.Provide an overview of the City's water system using maps and narration. Create GIS
maps that illustrate the City service area, key water infrastructure (wells, surface water
take points, storage facilities) and major transmission pipelines.
3.1.2.Summarize existing water supplies, with quantity and quality of water as exhibits.
3.1.3.Discuss key features of the distribution system with illustrations of pipe diameters,
materials and age.
3.2. Water Demand versus Supply Analysis
3.2.1.Summarize present and future areas to be served, with population data to ultimate
buildout. Scope assumes that City will provide the future service area, land use and
population projections information.
3.2.2.Describe current per capita water use along with projected water use/needs. Review
historical trends in population and water use to explain projected water use/needs.
Scope assumes that City would provide the historical water billing information
3.2.3.Summarize present and estimated future maximum and minimum water demands.
This will include the projected maximum daily demands along with average annual
daily demands.
3.2.4.Provide a description of the water supply alternatives considered and reasons for the
selection of the proposed water supply to augment to existing supplies.
3.2.5.Develop the long-term water demands versus supplies analysis. Based on the analysis,
determine proposed interim and final water treatment capacity planning
requirements for the new surface water treatment plant.
3.3. Preliminary Site Assessment
3.3.1.Description of proposed site and surroundings for the surface water treatment plant
facilities.
4rdu rra A-3
Task Order No. 1
Detailed Scope of Services
11 .X A 5
est. j8gn
3.3.2.Provide adequate mapping to describe the locations and layout of proposed surface
water treatment facilities.
3.3.3.Detail the location of any existing infrastructure that affects the ability to locate water
facilities in the area.
3.3.4.Indicate flood plain location, required buffers and easements
3.4. Permitting and Approval Requirements
3.4.1. Identify required regulatory permitting and approvals and develop governmental
approvals matrix.
3.5. Conceptual Basis of Design for Treatment Plant
3.5.1.In discussions with City, for purposes of funding application, identify a candidate
treatment train to develop conceptual basis of design.
3.5.2.Develop Conceptual Basis of Design document with planning -level design criteria and
preliminary sizing. Include concept -level sizing of major treatment facilities,
proposed site layouts and intake concepts.
3.6. Budgetary Cost Opinions
3.6.1.Develop planning -level capital and operations and maintenance (O&M) cost opinions.
The capital and O&M cost opinions will meet the American Association of Cost
Engineering's Level 5 guidelines.
3.7. Preliminary Implementation Schedule
3.7.1.Develop a conceptual -level schedule for project implementation which includes all
phases of the project, i.e., evaluations / studies, preliminary engineering, detailed
design, construction and start-up and commissioning
3.8. Engineering Feasibility Report
3.8.1.Prepare a draft feasibility report summarizing the findings of Task 3.1 through 3.7.
Submit the draft feasibility report to City for review.
3.8.2.Finalize the draft report after addressing City comments. Submit six hardcopies and
one electronic copy of the signed and sealed report to City
4rdurra
roup
A-4
Task Order No. 1
Detailed Scope of Services
4. DESIGN CONSULTANT RFQ AND SELECTION ASSISTANCE
4.1. Participate in various Design Consultant workshop and presentation meetings as directed by
the Owner.
4.2. Develop Request for Qualifications for Professional Engineering Services for design of the
project. Assist City of Pearland in soliciting and evaluating Statements of Qualifications and
contract negotiations
5. WATER QUALITY REVIEW ASSISTANCE
5.1. Collect and review available historical source water quality characteristics data. Identify any
gaps in the water quality data. Analyze the source water quality data and prepare a summary
of the data.
5.2. Establish treated water quality goals on current and future regulatory requirements and
stakeholder input through meetings and discussions. Summarize the treated water quality
goals as an exhibit.
6. OVERALL WATER SYSTEM CONVEYANCE ANALYSIS
6.1. Perform preliminary desktop -level distribution system groundwater / treated surface water
blending assessment. Scope assumes that City would provide the historical groundwater and
surface water usage and water quality information to conduct the assessment. Scope does
not include any distribution system hydraulic or water quality modeling.
6.2. Based on the assessment, develop a plan for integration of surface water into predominantly
groundwater system. Plan should identify the next steps to facilitate seamless integration
4.rdurra A-5
roup
Task Order No. 1
Detailed Scope of Services
TABLE A-1
TO AGREEMENT BETWEEN ENGINEER AND OWNER FOR PROFESSIONAL SERVICES
FOR
CITY OF PEARLAND
OWNERS REPRESENTATIVE SERVICES
10 MGD SURFACE WATER TREATMENT PLANT
SUMMARY OF SERVICES AND FEES
TASK NO.
TASK DESCRIPTION
LUMP SUM
AMOUNT
1
Project Management (HNE)
$33,809
2
TWDB Funding Application Assistance (HNE)
2A
SWIFT (RKEI)
$25,080
2B
DWSRF (RKEI)
$81,801
3
Engineering Feasibly Study (HNE)(KIT)(RKEI)
$156,294
4
Design Consultant RFQ and Selection Assistance (HNE)(KIT)
$40,420
5
Water Quality Review Assistance (HNE)(KIT)
$21,044
6
Overall Water System Conveyance Analysis (HNE)(KIT)
$17,686
Total
$376,134
LS — Lump Sum
HNE — Hourly Not to Exceed
NTE — Not to Exceed
KIT — Task in which KIT will perform work as sub consultant
RKEI — Task in which Raba-Kistner will perform work as a sub consultant
�rdurra A-6
Task Order No. 1
Detailed Scope of Services
TABLE A-2
TO AGREEMENT BETWEEN ENGINEER AND OWNER
FOR
PROFESSIONAL SERVICES
FOR
CITY OF PEARLAND
OWNERS REPRESENTATIVE SERVICES
10 MGD SURFACE WATER TREATMENT PLANT
HOURLY LABOR RATES
LABOR CATEGORY
Principal/Sr. Proj. Manager
Hourly Rate
$230
Sr. Tech Specialist (QA/QC)
$230
Engineer 7
$200
Engineer 5/6
$180
Engineer 3/4
$160
Engineer 1/2
$140
Senior Designer/Drafter
$135
Drafter
$110
Sr. GIS Technician
$135
GIS Technician
$90
Administrative/Accounting
$90
%rdurra
A-7
Task Order No. 1
Detailed Scope of Services
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Task
Description
SWIFT
- Initial Application
- Follow up/Answering Questions
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- Environmental Impact Document
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City of Pearland 10 MGD Surface Water Treatment Plant
Owner's Representative Services
Funding Application Assistance
Engineering Feasibility Report
Scope of Services
1. PROJECT MANAGEMENT / MEETINGS
1.1. Conduct a project initiation meeting to identify and establish a clear set of goals and objectives
for the project based on client input, review critical success factors, identify key schedule
milestones, and develop preliminary data needs list and assign responsible person(s) to collect
and provide data.
1.2. Participate in a site visit of the proposed surface water treatment plant site.
1.3. Attend progress meetings to review work completed to date, review schedule and planned
work, and identify action items. These meetings will be approximately two hours in duration.
Scope assumes four progress meetings.
1.4. Assist with coordination of project workshops at key milestones. Assistance will include
preparation of materials and exhibits or slides to facilitate discussions during workshops. Scope
assumes two workshops.
1.5. Generate monthly status reports and preparation of invoices to be submitted together for
review and approval.
2. WATER QUALITY REVIEW ASSISTANCE
2.1. Collect and review available historical source water quality characteristics data. Identify any
gaps in the water quality data. Analyze the source water quality data and prepare a summary
of the data.
2.2. Establish treated water quality goals based on current and future regulatory requirements and
stakeholder input through meetings and discussions. Summarize the treated water quality
goals as an exhibit.
1
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3. OVERALL WATER SYSTEM CONVEYANCE ANALYSIS
3.1. Perform preliminary desktop -level distribution system groundwater / treated surface water
blending assessment. Scope assumes that City would provide the historical groundwater and
surface water usage and water quality information to conduct the assessment. Scope does not
include any distribution system hydraulic or water quality modeling.
3.2. Based on the assessment, develop a plan for integration of surface water into predominantly
groundwater system. Plan should identify the next steps to facilitate seamless integration.
4. ENGINEERING FEASIBILITY STUDY AND REPORT (Per Texas Water Development Board Guidance
Document TWDB-0555)
4.1. Existing System Description
4.1.1. Provide an overview of the City's water system using maps and narration. Create GIS
maps that illustrate the City service area, key water infrastructure (wells, surface water
take points, storage facilities) and major transmission pipelines.
4.1.2. Summarize existing water supplies, with quantity and quality of water as exhibits.
4.1.3. Discuss key features of the distribution system with illustrations of pipe diameters,
materials and age.
4.2. Water Demand versus Supply Analysis
4.2.1. Summarize present and future areas to be served, with population data to ultimate
buildout. Scope assumes that City will provide the future service area, land use and
population projections information.
4.2.2. Describe current per capita water use along with projected water use/needs. Review
historical trends in population and water use to explain projected water use/needs.
Scope assumes that City would provide the historical water billing information.
4.2.3. Summarize present and estimated future maximum and minimum water demands. This
will include the projected maximum daily demands along with average annual daily
demands.
4.2.4. Provide a description of the water supply alternatives considered and reasons for the
selection of the proposed water supply to augment to existing supplies.
4.2.5. Develop the long-term water demands versus supplies analysis. Based on the analysis,
determine proposed interim and final water treatment capacity planning requirements
for the new surface water treatment plant.
2
KIPP
4.3. Preliminary Site Assessment
4.3.1. Description of proposed site and surroundings for the surface water treatment plant
facilities.
4.3.2. Provide adequate mapping to describe the locations and layout of proposed surface
water treatment facilities.
4.3.3. Detail the location of any existing infrastructure that affects the ability to locate water
facilities in the area.
4.3.4. Indicate flood plain location, required buffers and easements.
4.4. Permitting and Approval Requirements
4.4.1. Identify required regulatory permitting and approvals and develop governmental
approvals matrix.
4.5. Conceptual Basis of Design for Treatment Plant
4.5.1. In discussions with City, for purposes of funding application, identify a candidate
treatment train to develop conceptual basis of design.
4.5.2. Develop Conceptual Basis of Design document with planning -level design criteria and
preliminary sizing. Include concept -level sizing of major treatment facilities, proposed site
layouts and intake concepts.
4.6. Budgetary Cost Opinions
4.6.1. Develop planning -level capital and operations and maintenance (O&M) cost opinions.
The capital and O&M cost opinions will meet the American Association of Cost
Engineering's Level 5 guidelines.
4.7. Preliminary Implementation Schedule
4.7.1. Develop a conceptual -level schedule for project implementation which includes all phases
of the project, i.e., evaluations / studies, preliminary engineering, detailed design,
construction and start-up and commissioning.
4.8. Engineering Feasibility Report
4.8.1. Prepare a draft feasibility report summarizing the findings of Task 4.1 through 4.7. Submit
the draft feasibility report to City for review.
3
(19
4.8.2. Finalize the draft report after addressing City comments. Submit six hardcopies and one
electronic copy of the signed and sealed report to City.
SERVICES / INFORMATION TO BE PROVIDED BY THE CITY
City will provide the following information:
• Shapefiles of City service area with locations of key water infrastructure, i.e., wells, storage
facilities, surface water take -points, pipelines and customers information.
• Distribution system infrastructure information — pipe network layout, sizes, age, and material of
construction.
• Record drawings of groundwater wells, storage tanks, and surface water take -point facilities.
• Historical well pumpage and surface water utilization information.
• Historical water quality information for groundwater, surface water and distribution system.
• Distribution system operation information under average and peak demand conditions — system
pressures, pressure zones/planes, storage tank operation, flushing practices.
• Information related to surface water treatment plant site — parcels map, surveying information,
geotechnical reports, fore bay improvements and site access information.
• Surface water rights information — letters/agreements with BRA indicating capacities and
timelines of validity.
• Agreements with agencies (i.e., GCWA) for existing surface water supplies.
• Water conservation measures and their impact on reduction of per capita water demands.
• Drought contingency plan information.
• Historical water billing data or information.
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Project Management / Meetings
Project initiation meeting
Plant site visit
Progress meetings (4 a, 2 -hr each}
Milestone workshops (2 a, 3 -hr each)
Month reports and invoicing
(Project Management / Meetings - Sub Total
Water Quality Review Assistance
Collect and review available historical source water
quality characteristics data
Establish treated water quality goals
Water Quality Review Assistance - Sub Total
Overall Water System Conveyance Analysis
Perform preliminary desktop -level distribution
system GW/SW blending assessment
Develop a plan for integration of surface water into
predominantly groundwater system
'WaterS tem • ance • -Sub Total
Engineering Feasibility Study and Report
Existing System Description
Water Demand versus Supply Analysis
Preliminary Site Assessment
Conceptual Basis of Design for Treatment Plant
Engineering Feasibility Report
Eng'g Feasibility Study and Report -Sub Totals
Total
SCOPE OF WORK
CITY OF PEARLAND PROPOSED SURFACE WATER PLANT
WITH FEDERAL ASSISTANCE
+/- 94 -Acre Tract of Land Located
Adjacent West of F.M. 48 (Airline Road South)
Prepared by
RABA-KISTNER ENVIRONMENTAL
May 13, 2016
RKEI Scope of Work - City of Pearland Proposed Surface Water Plant
with Federal Assistance
SCOPE OF WORK
Raba-Kistner Environmental, Inc. (RKEI) understands that the City of Pearland proposes to
construct a new surface water plan adjacent to Mustang Bayou in Brazoria County, Texas. The
facility would be constructed within an approximate 94 -acre tract(s) of land. The following scope of
work includes those activities that are anticipated based on a preliminary review of site conditions,
proposed project elements as we understand them at this time, and the use of federal funds on the
project.
1.0 BASIC SERVICES
1.1 Project Management (Basic Services)
RKEI will conduct environmental project management activities including initial project set-up, preparing
invoices and monthly progress reports, prepare for and attending up to two progress meetings with the
team, and updating schedules. This task includes quality assurance measures related to the
environmental and cultural resource documents, technical reports, cultural resource activities, and
resource agency coordination. This task includes quality assurance measures related to all Optional
Services outlined below.
1.2 Texas Water Development Board Environmental Information Document (EID)
RKEI will prepare a Federal Environmental Review (EID) (TWDB-0801) using the latest version
prescribed by the Texas Water Development Board (5/22/2015). The EDR will:
• Follow TWDB's preferred report structure
• Discuss Direct impacts, Secondary impacts, and Cumulative impacts
• Include the following report items
o General Information
o List of Attachments
o Project Description (Preferred Action Alternative)
o Alternative Analysis
• No -Action Alternative
• Alternative Not Selected
• Selection of the Preferred Action Alternative
o Environmental Settings, Impacts and Mitigation
• Land Use
• Geology
• Soils & Prime and Important Farmland
• Water Resources
• Topography and Floodplains
• Wetlands, Streams, and Waters of the United States
■ Biological Elements
• Cultural Resources
• Hazardous Materials
• Social Implications & Environmental Justice
■ Other Potential Impacts or Requirements
• Secondary and Cumulative Impacts
2
RKEI Scope of Work - City of Pearland Proposed Surface Water Plant
with Federal Assistance
• Standard Mitigation, Precautionary Measures and Best Management
Practices
• Mitigation Measures
• References
o Public Participation
• Public meeting notice advertisement, prepare, coordinate, attend public
meeting
• Post -meeting documentation
• Publisher's affidavit and a copy of the notice
• Statement signed by applicant: meeting was held in
conformance with the Public Meeting Notice.
• List of witnesses
• Public meeting summary report
o Agency Coordination (Bureau of Reclamation, Bureau of Land Management,
Mayor, County Judge, Texas Parks and Wildlife Department Wildlife Habitat
Assessment Program, Texas Historical Commission, United States Army Corps of
Engineers, U.S. Department of Agriculture Natural Resources Conservation
Service, others as needed)
o Certification
o Appendices
1.3 Waters of the U.S. Delineation
RKEI will conduct field investigations and prepare a waters of the U.S .(including wetlands) delineation
report for the CLIENT in accordance with current federal delineation methodology including the 1987
U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual and 2010 Regional Supplement for
the Atlantic and Gulf Coast Plains Region (Version 2). A determination will be made regarding the
presence of waters that may be subject to Clean Water Act Section 404 jurisdiction. RKEI will identify
and delineate the boundaries of all potential waters of the U.S., including special aquatic sites (e.g.,
wetlands). The boundaries will be surveyed using a survey -grade Global Positioning Satellite (GPS)
system.
RKEI will prepare a delineation report complete with appropriate field data forms to provide
documentation of these conditions. The report will include:
• Brief description of the project, methods/sampling procedures, and results as required by the
USACE;
• Boundaries of all waters of the U.S. identified in the field;
• Location of each data point/soil station;
• Completed wetland data forms;
• Area (acres) of potential jurisdictional waters of U.S. shown on an exhibit;
• Pertinent published data (e.g., USGS quad maps, aerial photography, Federal Emergency
Management Agency maps, National Wetland Inventory Maps, and USDA soil surveys) to
support the findings.
3
RKEI Scope of Work - City of Pearland Proposed Surface Water Plant
with Federal Assistance
Based on our understanding of the proposed project elements, RKEI will prepare a memorandum
recommending appropriate Section 404 permitting requirements or options, as appropriate. The
memorandum will indicate whether the project requires a Section 404 permit and if it qualifies for a
nationwide permit (NWP) or an Individual Permit.
• If the project qualifies for a NWP, the memorandum will outline appropriate permits options
and pre -construction notification (PCN) thresholds.
• If the project does not qualify for a NWP, the memorandum will indicate which Section 404
permitting approach is recommended, or will otherwise recommend possible "next steps."
1.4 THC Request for Coordination
Given that the proposed project is sponsored by the City of Pearland, a political subdivision of the State,
the work falls under the jurisdiction of the Antiquities Code of Texas (Texas Natural Resource Code, Title
9, Chapter 191) which protects historic and prehistoric resources found on state land or land owned by a
political subdivision of the state. The Code requires that all entities that undertake developments ensure
that the proposed project(s) does not harm significant historic resources such as buried archaeological
sites, standing structures. The Texas Historical Commission (THC) oversees compliance with the Code.
To comply with the requirements of the Code, the project sponsor or its representative is required to
retain a professional archaeologist to conduct a survey of the subject property. Under certain
circumstances, the THC can waive the need for field investigations if and when modern disturbances
have decreased the potential significance of archaeological materials found on the property. Such
evaluations by the THC can be made only upon proper consultation with the agency, namely, the
submission of a Texas Historical Commission Request for SHPO Project Consultation Form under the
ACT.
A brief review of the history of land use of the proposed tract of land indicates that the Area of Potential
Effect, the project area, has been extensively disturbed over the past 20-35 years. Therefore, it is
unlikely that intact historic and/or prehistoric cultural deposits may be preserved within the APE. In
addition, the residential development situated to the south of the APE appears to have been developed
since 1985 and therefore is unlikely to contain historic properties that are potentially eligible for listing
on the National Register of Historic Places.
Given the aforementioned project area conditions, RKEI proposes to carry out the following
professional cultural resource compliance services:
— Documentation of the historic land use of the tract and of the resulting disturbances;
— Completion of the Texas Historical Commission Request for SHPO Project Consultation Form;
and
— Submission of the Form to the THC;
4
RKEI Scope of Work - City of Pearland Proposed Surface Water Plant
with Federal Assistance
2.0 OPTIONAL SERVICES
2.1 Project Management (Optional Services)
RKEI will conduct environmental project management activities including initial project set-up, preparing
invoices and monthly progress reports, prepare for and attending up to two progress meetings with the
team, and updating schedules. This task includes quality assurance measures related to all Optional
Services outlined below.
2.2 USACE Application for Department of the Army Permit
RKEI will compare results of the Waters of the U.S. Delineation to the proposed design plans to determine
whether a pre -construction notification to the U.S. Army Corps of Engineers is required based on the
project activities. If is determined that a pre -construction notification is required, RKEI will prepare a
USACE Application for Department of the Army Permit (Form 4345) and cover letter that contains
the needed project information for completeness. The application will be submitted to CLIENT for review
and signature prior to submitting to the USACE. It is anticipated that the application will include the
following items:
• Applicant information
• Agent information
• Landowner information
• Project location
• Water bodies
• Direction to site
• Nature of activity
• Project purpose
• Details regarding the discharge (type, amount, etc.)
• Description of Avoidance, Minimization, and Compensation, as applicable
• Design drawings (to be provided by CLIENT)
• Waters of the U.S. delineation report
• Endangered Species Habitat Evaluation
• Archaeological report
• Any agency approvals
2.3 Threatened and Endangered Species Habitat Evaluation
This task would support a USACE Application for Department of the Army Permit and includes an
assessment of habitat for rare, threatened, and endangered species and U.S. Fish & Wildlife designated
critical habitat. RKEI will research readily available environmental information from appropriate local,
state, and federal agencies relative to the project area. This will include a review of desktop resources
such as USGS topographic maps, aerial photography, Texas Parks and Wildlife Department (TPWD)
Natural Diversity Database (TXNDD) Element of Occurrence Records (EOR), TPWD Rare Resources by
County lists, and U.S. Fish & Wildlife designated critical habitat.
A field visit will be conducted in support of the assessment. The vegetation of the project area will be
characterized as will the ecological setting in accordance with TPWD map publications, including The
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RKEI Scope of Work - City of Pearland Proposed Surface Water Plant
with Federal Assistance
Vegetation Types of Texas. This field data will aid in determining the potential presence habitat suitable
for state and federally listed species and critical habitat in the proposed project area.
RKEI will prepare a report documenting the findings, which will include:
• Executive Summary
o Introduction (Project Purpose and Location)
• Topography and Setting
o Topography And Drainage
o Aerial Photography
o Ecological Setting
o Wetlands
• Field Investigation
• Texas Parks and Wildlife Annotated List of Rare Species
• Texas Natural Diversity Database
• U.S. Fish and Wildlife Service Information Planning and Conservation System data and Critical
Habitat
• Migratory Bird Treaty Act considerations
• References and Acronyms
2.4 Archaeological Pedestrian Survey
Upon review of the project area conditions and the RKEI recommendations, the SHPO may either agree
with the recommendations or request a systematic pedestrian survey of the approximately 94 -acre
project APE. In case a pedestrian survey is requested by the THC, RKEI staff will undertake the
pedestrian survey of the proposed APE.
RKEI will perform a cultural resources survey of 100% of the approximately 94 -acre project APE. The
pedestrian survey will be conducted to determine if cultural materials are present within the proposed
APE. If encountered, RKEI will evaluate the eligibility of the cultural materials for listing on the National
Register of Historic Places (NRHP) and for formal designation as State Antiquities Landmarks (SALs).
Prior to the pedestrian survey, RKEI will prepare the archeological Scope of Work and Antiquities Permit
Application to obtain the necessary permit. Once the appropriate permit number is received, the
cultural resources pedestrian survey will be initiated and it will be accompanied by shovel testing and
backhoe trenching, if warranted. A no artifact collections policy will be followed. Following the
completion of the field work, RKEI archaeologists will produce a technical report in accordance with the
THC's Rules of Practice and Procedure, Chapter 26, Section 27, and the Council of Texas Archeologists
(CTA) Guidelines for Cultural Resources Management Reports.
The draft technical report will detail the field and laboratory methodologies employed, and the results
of the investigations, as well as recommendations regarding the NRHP and SAL eligibility of any deposits
encountered within the project APE. The report will be submitted to the CLIENT for review and
following revisions to THC.
6
RKEI Scope of Work - City of Pearland Proposed Surface Water Plant
with Federal Assistance
3.0 LIMITATIONS
This scope of services does not include the preparation of a compensatory mitigation plan for impacts to
waters of the U.S., should that determine to be required. No other should permit application or
meetings/discussions with the USACE. Based on the proposed improvements and agency requirements
at the time of this proposal, in addition to the NEPA document, only the studies and activities outlined
herein are anticipated at this time. Any additional studies/reports requested by CLIENT or others due to
unforeseen circumstances or changes in design or regulatory requirements are not covered under this
scope and will require separate authorization. Significant design changes occurring after substantial
completion of field/desktop activities, and/or requiring re -mobilization of field crews may require
separate authorization to accommodate such changes.
CITY OF PEARLAND ENVIRONMENTAL AND CULTURAL RESOURCES SUPPPORT
FEDERAL ASSISTED
TASK FEE
1.0 BASIC SERVICES
1.1 Project Management and Coordination (Basic Services)
1.2 TWDB EID, Supporting Documentation, and Public Involvement
1.3 Waters of the U.S. Delineation
1.4 THC Request for Coordination
Expenses (Basic Services)
Total Basic Services
$5,984.00
$34,870.00
$8,282.00
$932.00
$4,824.00
$54,892.00
2.0 OPTIONAL SERVICES
2.1 Project Management and Coordination (Optional Services)
2.2 USACE Pre -Construction Notice (Permit Application)
2.3 Threatened and Endangered Species Habitat Report
2.4 Archaeological Pedestrian Survey
Expenses (Optional Services)
Total Optional Services
$3,584.00
$7,903.00
$5,391.00
$21,249.00
$4,109.00
$42,236.00