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R2002-0037 02-25-02 RESOLUTION NO. R2002-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #3, SUPPLEMENT #1, FOR ENVIRONMENTAL COMPLIANCE AND LAND PURCHASE SERVICES ASSOCIATED WITH THE PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Turner, Collie and Braden, Inc., ("T C & B) for Program Management of the Pearland Mobility and Drainage Bond Program was authorized by the City Council on December 10, 2001. Section 2. That T C & B has developed work authorization #3, supplement #1, which is attached hereto as Exhibit "A". Section 3. That the work authorization for environmental compliance and land purchase services associated with the West Mary's Creek Detention Facility is hereby approved. PASSED, APPROVED and ADOPTED this the 25 dayof Feb~'uar'y , A.D., 2002. ATTEST: (~/Y SECTARY'E APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR ATTACHMENT B WORK AUTHORIZATION NO. 3 SUPPLEMENT NO. 1 Exhibit "A" R2002-37 This Work Authorization is made pursuant to the terms and conditions of the Pearland Mobility & Drainage Bond Program, hereinafter identified as the "Contract", entered into by and between the City of Pearland ("City"), and Turner Collie & Braden Inc. ("Engineer). PART 1. Work Authorization No. 3 is related to West Mary's Creek Detention Facility. The Engineer will perform Land Acquisition Services under this Authorization. PART 2. The maximum amount payable for services under this Work Authorization, Supplement No. 1 is $52,050.00. This amount is based on the following: See attached fee proposals submitted by Crossland Acquisition, Inc. in the amount of $23,300.00 for Land Acquisition Services and Quadrant Consultants Inc. for Environmental Studies in the amount of $28,750.00. PART 3. Payment to the Engineer for the services established under this Work Authorization Supplement No. 1 shall be "Lump Sum". PART 4. This Work Authorization Supplement No. 1 shall become effective on February 25, 2002 and shall terminate on November 12, 2005, unless extended by a supplemental work authorization. PART 5. This Work Authorization Supplement No. 1 does not waive the parties' responsibilities and obligations provided under the contract. PART 6. This Work Authorization Supplement No. 1 is hereby accepted and acknowledged below. By: ~'~~'~ By: Larry F. Janak, P.E. Bill Eisen Typed or PrintedName Typed or Printed Name Senior Vice President City Manager Title Title' March 6, 2002 February 26,2002 LIST OF EXHIBITS Exhibit A - Fee Schedule Exhibit B - Work Schedule Date Date Turner Collie Braden Inc. 02/13/2002 EXHIBIT A FEE SCHEDULE Pearland Mobility & Drainage Bond Program Work Authorization No. 3 SUPPLEMENT No. 1 Summary Pro_iect West Mary's Creek Detention Facility Engineering Services Hydrologic & Hydraulic Environmental Compliance Topographic Survey Geotech ROW Maps & Documents PS&E ROW Acquisition Assistance Materials Testing Subtotal Total to Date Dannenbaun Engineering Quadrant Crosslands Previous Authorization $27,120.00 $0.oo $o.oo $0.00 $0.00 $o.oo $o.oo $o.oo $27,120.00 Current Authorization $28,750.00 $23,300.00 $52,050.00 $79,170.00 Page 1 of 1 CROSSLAND ACQUISITION, INC. SCOPE OF SERVICES Turner, Collie & Braden, Inc. (TCB) has requested information detailing the scope of services for right-of-way acquisition services. This proposal is written to demonstrate the ability of Crossland Acquisition, Inc. (CAI) to perform requested services. Below is a brief outline of the scope of services follOwed by a synopsis of each service. The services provided and the tasks performed within each service will be modified and restructured as needed at TCB's request. OUTLINE OF SER VICES · CAI will contact the landowners for a right of entry for environmental testing and surveying. · TCB will conduct an environmental study and surveying to determine how they will proceed with the project. · CAI will research the title to determine ownership and encumbrances. · Appraisals will be ordered. · CAI Mil make written offers to the landowners and conduct in person negotiations. · Once an agreement has been reached CAI will have the documents executed and recorded. · If the landowner refuses the offer or good faith negotiations CAI will turn the file over to TCB to initiate condemnation proceeding. · CAI will close Out file. PROJECT OVERVIEW CAI's Houston office will be the home of all files, maps, manuals and other data and information essential to the project. The office address and telephone numbers will be made available to all property owners and interested parties. Normal office hours are 8:30 a.m. to 5:30 p.m., Monday through Friday. Negotiations will be conducted during normal office hours and at other times as requested by property owners or their representatives in order to accommodate their needs. An initial kickoff meeting with TCB officials should be held to concur on strategy, techniques, theories and schedules. At this meeting TCB will provide CAI with all appropriate information including: maps, time frames and construction schedules, etc. This strategy should include prioritizing acquisition o.n each of the parcels and defining three alternative plans for accelerating landowner decisions and dealing with uncooperative landowners. Example: pay an incentive payment; establish an administrative settlement POlicy; and/or exercise the fight of eminent domain. We belieYe it is essential that the client and consultant have a thorough and mutual understanding of these matters, not only to provide a quality product, but also to make well informed presentations to the property owners. RIGHt OF ENTRY CAI will contact landowners to negotiate a fight of entry agreement for environmental testing and surveying properties. Also, CAI will conduct an interview with the landowners to determine if they are aware of any events on the property that may have caused contamination, i.e., oil/gas wells drilled. CAI may offer an incentive payment to the owners of each property as an inducement to sign the fight of entry form. TITLE SERVICES CAI personnel will obtain a chain of title and perform title exam/nation. Our staff includes t,vo real estate attorneys as well as personnel with over fifteen (15)years of title abstracting and examination related experience. Title issues that could cause delays in executing the easements include probate and heirship, bankruptcy, state and federal tax liens, church and governmental entities in title, parcels owned by trusts and difficulty obtaining copies of the trust agreements. NEGOTIATION SER VICES To save money and keep a project on schedule, CAI has established strong internal acquisition guidelines. For each project, CAI sets aggressive acquisition schedules and strictly adheres to them. Each element of the acquisition process has its own guidelines and timelines. Adherence to these guidelines and timelines has kept prior projects ahead of schedule and on budget, and has prevented the acquisition process from "going down rabbit trails" that impede the process. In addition, the negotiators to be assigned to these projects have successfully negotiated hundreds of parcels needed for right-of-way purposes. The first step for this project would be for CAI to mail a project information kit to each landowner. Included would be an introductory letter from TCB and the City of Pearland (COP) explaining the project in general terms and informing them of CAI's role in the project. There would also be a letter from CAI introducing ourselves and explaining the acquisition process, the proposed facility to be constructed, the benefits derived from the improvements, and timing for the activities. Easement or Warranty deed documents and maps would also be included. Within five business days after CAI mails its information kit we will make telephone calls to all owners affected by the project to verify they received the information kit and confirm initial notice. Meetings with the landowners or their representatives will be scheduled to answer any questions they may have. By the end of this meeting the landowner should have a thorough understanding of all facets of this right-of-way aCquisition process. -2- In order to expedite the execution of the fee purchases, CAI recommends we establish a predetermined number of contacts (CAI recommends three). If there is no response or if it becomes apparent that the owners are not willing to negotiate, CAI would follow up with a letter via the U.S. lvlail. If the landowner does not respond within 10 days of the date of the letter, the file will be forwarded to TCB and COP for further action. ADMINISTRATIVE AND RECORDS MANAGEMENT SER VICES A sound records management system~ is an essential function of any project. It contains the documentation that not only supports daily work activities and provides evidence of compliance with all applicable State and Federal laws and regulations. CAI will prepare files on each parcel to be acquired. Each file will contain all daily activity and correspondence reports, contacts, etc. generated and received by CAI (see Exhibit Activity Report). The files will be readily available for inspection by TCB/COP representatives and will be delivered to TCB/COP as each parcel is closed or as requested. A computerized status report, which tracks the key activities performed on each parcel, will also be maintained and furnished to TCB as requested (see Exhibit Linelist). CAI's Project Manager will participate in project review meetings as requested to keep TCB informed as to the current status of the project. Project schedules will be submitted at the beginning of the project and reviewed and/or modified as necessary to meet TCB/COP time constraints. The Project Manager will be responsible for all aspects of this module to assure completion of the project within the time frames required by TCB/COP. LEGAL SUPPORT SER } ?CES If the negotiation process is Unsuccessful, CAI will prepare any file close-out package required by TCB/COP in order to initiate the legal proceedings. Parcels whose landowners refuse to negotiate will be promptly submitted to TCB/COP when it is apparent that the landowners are either not willing to continue negotiations or wish to pursue the matter through the courts. Clearing title to resolve questions and issues involving trusts and estates, bankruptcies, foreclosures, adverse claimants, landowner-tenant disputes, ownership of improvements, and releases of all encumbrances is another potential legal issue. If it becomes apparent that holders of encumbrances are either not willing or are unable to provide the necessary documents to release their interests in the property, the file will be forwarded to TCB/COP to initiate legal proceedings. -3- APPRAISAL SER VICES If it is determined appraisal services will be used, we can offer those services through an affiliate firm, Integra Realty Resources. Integra has 15 appraisers on staff and can perform these services within 4 weeks. We know this firm to be fast, effective and highly qualified as an expert witness in condemnation hearings. RELOCATION SER VICES CAI is qualified and ready to perform relocation services if it is determined that such services will be needed for the improved property along Manvel Road. CONCLUSION Although this project is beneficial to the community, it could still be a very volatile issue with some landowners. Each landowner will have issues that must be resolved prior to reaching an agreement. It is difficult to anticipate all scenarios, therefore, in order to settle disputes with the landowners, TCB may want consider an incentive paYment or an administrative settlement procedure. Rather than submit these properties for condemnation proceedings, it would be far less expensive to agree to a settlement. Also, the landowners may insist on having the easement agreement reviewed by an attorney and will probably request to be reimbursed for this expense. If federal, state or local guidelines or regulations are applicable, CAI will adhere to these procedures. This job can be performed timely and effectively if a solid, well implemented acquisition plan is established. CAI is very anxious to begin this project and will dedicate the necessary staff in order to accomPlish this task as quickly and expeditiously as possible. PRICE for 5-6 Parcels Right of Entry services: Five Hundred Fift~ Dollars ($550.00) per parcel Title and Negotiation services: One Thousand Five Hundred Dollars ($1,$00. 00) per parcel Appraisals services: One Thousand Seven Hundred Dollars ($1, 700. 00) per parcel for unimProved parcels Two ~. ousand One Hu. ndred Dollars ($2~100.00) per parcel for improved parcels -4- QUADRANT CONSULTANTS INC. 7322 Southwest Freeway, Suite 470 Houston, TX 77074 713.779.2990 713.779.3727 qci@qconsultants.com www.qconsultants.com February 12, 2002 Mr. Jim Keller, P.E. Turner Collie & Braden, Inc. 5757 Woodway Houston, Texas 77057-1599 Phase I Environmental Site Assessment, Threatened and Endangered Species, and Wetland Delineation West Mary's Creek Detention Facility Pearland, Brazoria County, Texas QCI Proposal #02-10 Dear Mr. Keller: In response to a request from Turner Collie & Braden, Inc. (TCB) to provide environmental services, Quadrant Consultants Inc. (QCI) is pleased to submit this proposal regarding the above referenced project. We understand that the City of Pearland is considering the purchase of approximately 145 acres of property to construct a detention facility along Mary's Creek (hereafter referred to as "Site"). We understand that the City of Pearland is interested in a Phase I Environmental Site Assessment (ESA), a Wetland Delineation with a Preliminary Jurisdictional Determination report, and a Threatened and Endangered species survey. The objective of a Phase I Environmental Site Assessment (ESA) is to gather information and render an opinion regarding the absence or presence of potential environmental concerns associated with past or current activities on or near the Site. These objectives will be accomplished through the completion of various tasks under different phases as discussed in the following Work Plan. Should the results of the Phase I ESA indicate that additional site characterization is warranted, our report will indicate the need for further investigations. QCI will prepare a ASTM Phase I Environmental Site assessment (modified), Standard Practice E 1527-00. The Scope of Work for this Phase I ESA will be based on the Scope of Work and letter provided by TCB, dated February 7, 2002, and is included here by reference. We have prepared a Scope of Work to reflect an environmental database search radius of 500 feet, except for Federal NPL, RCRA TSD facilities, and Texas Hazardous Waste sites, which shall be kept at a 1.0-mile search distance. In addition to the Phase I ESA, QCI will conduct a wetland delineation, and will prepare a Preliminary Jurisdictional Determination (PJD) report to provide to the US Army Corps of Engineers (USACE). 'The Scope of Work for the wetland delineation will also include a field verification site visit with the USACE. This Scope of Work does not include wetland function and value determinations or permitting and mitigation for wetland impacts. QCI will also look for Threatened and Endangered species on the Site. After the initial site visit, QCI will prepare coordination letters requesting site information regarding threatened and endangered species from the US Fish and Wildlife Service (USFWS) and Texas Parks and Wildlife - Endangered Resources Group. Information on the potential to impact threatened and endangered species will be inchided in the Phase I ESA. · , Proposal 02-10 - Phase I ESA West Mary's Creek Detention Facility February 12, 2002 Page 2 BACKGROUND It is QCI's understanding that the City of Pearland is considering the purchase of approximately 145 acres of property to construct a detention facility along Mary's Creek. The site location information was provided by TCB. The site is located within the City of Pearland's Extra-Territorial Jurisdiction (ETJ). The Site consists of six tracts of property. However, one of the tracts is owned by Houston Light and Power. This tract will not be acquired by the City of Pearland and is not included in any of the surveys for Phase I ESA, wetlands, or threatened and endangered species. TASK 1 - WORKPL~ - PHASE I ENVIRONMENTAL SITE ASSESSMENT Presented below is QCI's proposed scope of work for conducting site investigations and preparing a Phase I ESA report for the City of Pearland's West Mary's Creek Detention Facility site. Upon completion of all research, evaluations and site investigations, QCI will prepare a Phase I ESA Report for the Site, documenting all work performed, the fmdings and results, and the conclusions and recommendations. The scope of work presented below also represents the format of the Phase I ESA Report. The Phase I ESA Report will be consistent with the standard practices for the preparation of Phase I ESA (ASTM Standard Practice E1527-00) and the standards set forth in the Scope of Work provided by TCB. Introduction The introduction will state the purpose and objectives of the Phase I ESA, identify and describe the proposed project, identify the limits of the subject properties, and briefly outline the scope of services provided. A site location map(s) will be provided which identifies the Site with respect to local/regional roads, significant landmarks, and other points of interest. The maps will also include a scale, source, date and north arrow. The site location maps and all other exhibits will be no larger than 11" x 17" and folded to an 8 ½" x 11" size for inclusion into the report and for ease of reproduction. Historic Site Conditions Understanding the historic use of a property is one of the most important aspects of a Phase I ESA. Because most existing environmental problems are the result of historic practices or activities, investigation into past activities is essential. The main avenue to the identification of historic activities is through the review of historic aerial photographs, review of ownership records (if required) and personal interviews. Historic Aerial Photographs - Available historic aerial photographs of the project area and vicinity will be obtained. Photographs at approximately 10-year intervals, as far back as possible (at least 50 years), will be sought. Attempts will be made to obtain photographs before and after suspected or documented land use changes for tracts for which there are meaningful indications of potentially significant environmental contamination. The aerial photographs will be observed for activities with a potential for environmental contamination as exhibited by ground disturbances, stained soils, waste piles, drams, etc. · Previous Ownership - Previous ownership records can be determined from the property's chain of title reports. Review of land title records or a Chain of Title search in not included in this Scope of Worlc Personal Interviews - Individuals familiar with the subject study area and adjacent properties will be interviewed if there is reason to believe that a potential environmental problem may exist. These individuals may include current or previous site owners, tenants and employees. Individuals occupying nearby properties may also provide valuable information on historic activities. Proposal 02-10 - Phase I ESA West Mary's Creek Detention Facility February 12, 2002 Page 3 Potential Environmental Threats Environmental threats are active or abandoned operations, facilities or land uses that may have an impact on the environmental quality of the subject site and its environs. Potential environmental threats will be identified by the review of environmental databases and contacts with regulatory agencies. The following databases are available on a nationwide basis and can be obtained from the appropriate Regional Office of the U.S. Environmental Protection Agency (EPA) or through commercial vendors. A commercial vendor will be utilized to provide the database information available on the Site. The databases will be reviewed during the Phase I ESA to determine if the subject site or nearby properties are listed. EPA CERCLIS (CERCLIS} (500 feet) - This database is a comprehensive listing of known or suspected uncontrolled or abandoned hazardous waste sites. These sites have either been investigated, or are currently under investigation by the federal EPA for the release, or threatened release of, hazardous substances. Once a site is placed in CERCLIS, it may be subjected to several levels of review and evaluation and ultimately placed on the National Priorities List (NPL). EPA National Priorities List (NPL) (1 mile) - The NPL, also known as the Superfund list, is an EPA listing of uncontrolled or abandoned hazardous waste sites. The list is primarily based upon a score, which the site receives from the EPA's Hazardous Ranking System. These sites are targeted for possible long-term remedial action under the Superfund Act. RCRA CORRACTS (CORRACTS) (1 mile} - The CORRACTS database contains information on RCRA facilities that have conducted, or are currently conducting a corrective action where there has been a release of hazardous waste or constituents into the environment from a RCRA facility. CERCLIS-No Further Remedial Action Planned Report (NFRAP) (500 feet} - The CERCLIS NFRAP list contains information pertaining to sites which have been removed fi.om the CERCLIS database. NFRAP sites mat be sites where, following an initial investigation, either no contamination was found, contamination was removed quickly, or the contamination was not ser/ous enough to require federal Superfund or NPL consideration. State Equivalent CERCLIS (SCL) (500 feet.) - This database is a comprehensive listing of known or suspected uncontrolled or abandoned hazardous waste sites. These sites have either been investigated, or are currently under investigation by the State of Texas for the release, or threatened release of, hazardous substances. RCRA Generators OICRIS-GNRTR} (500 feet) - Lists RCRA (Resource Conservation and Recovery Act) facilities that report the generation, transportation, treatment, storage or disposal of hazardous waste. EPA RCRA TSD Facilities 01CRA-TSD) (1 mile} - This report contains information pertaining to facilities which either treat, store, or dispose of hazardous waste. Information pertaining to the status of facilities tracked by the RCRA Administrative Action Tracking System is included in the report. EPA Emergency Response Notification System (ERNS) (Target Property_) - This database is used to store information on the sudden and/or accidental release of hazardous substances, including petroleum, into the environment. State Superfund Sites (SPL) (1 mile} - The Texas State Superfund report contains information pertaining to sites that have been placed on the state priority list by the TNRCC. Proposal 02-10 - Phase I ESA West Mary's Creek Detention Facility February 12, 2002 Page 4 · State Solid Waste Landf'dls List (SWLF) (500 feet) - This database is a comprehensive listing of all facilities that have filed for a permit with the TNRCC for the operation of a solid waste landfill. · TNRCC Underground Storage Tank (UST) Facilities (500 feet) - The Texas Petroleum Storage Tank Report is a comprehensive listing of all registered underground storage tanks located within the State of Texas. · TNRCC Aboveground Storage Tank (AST) Facilities (500 feet) - The Texas Petroleum Storage Tank Report is a comprehensive listing of all registered aboveground storage tanks located within the State of Texas. TNRCC Leaking Underground Storage Tank (LUST} Facilities (500 feeO- The Texas Leaking Petroleum Storage Tank Report is a comprehensive listing of all reported leaking underground storage tanks located within the State of Texas. · TNRCC Spill Response List (SPILLS) (Target Property_) - The Texas Spills Report is a comprehensive listing of all reported spills which have occurred within the State of Texas from 1986 to the present. Fire Department Response Records (Target Property_) - The local Fire Department will be queried for information on emergency responses to the site. State environmental agencies may also maintain valuable databases, which will be reviewed. These databases may address underground storage tank notification records, state-permitted landfills, and other solid waste disposal sites. Other regulatory agencies may be contacted directly by telephone or in writing. Government agency contacts will be made to further determine if there are any outstanding environmental violations or issues related to the subject property or offsite regulated businesses that may pose a threat to the property, and to verify any allegations related to environmental contamination. Govemment agencies normally contacted include the local fn'e department, health department, and local, county, state and federal environmental agencies. Site Reconnaissance Before the site reconnaissance can be conducted, legal right of entry must first be obtained (if required). The site reconnaissance will focus on signs of potential contamination and to assess the site location in relation to surrounding property uses and natural surface features. The site reconnaissance will be conducted by an experienced environmental professional(s) whose evaluation emphasizes the identification of past or present hazardous material usage and waste disposal practices; visible signs of stressed vegetation, soil or water contamination; site conditions or activities which could potentially result in soil or groundwater contamination; presence of surface and subsurface storage tanks, drams, barrels, and other storage containers, waste generated onsite and hazardous material handling practices; and inspecting the site for electrical or hydraulic equipment that may potentially contain PCBs (Polychlorinated Biphenyls). Should any indications of potentially significant environmental contamination be observed, photographs will be taken and some locational ground measurements will be made. Environmental Setting The environmental setting of each of the adjacent properties showing significant indications of contamination will be characterized to evaluate potential routes of exposure to or the migration pathways of contaminants, and to assist in the development of recommendations for a Phase II ESA (if required). The components of the environmental setting that will be addressed and potential sources of information are listed below: · - Proposal 02-10 - Phase I ESA West Mary's Creek Detention Facility February 12, 2002 Page 5 Topography - Discuss the range of site elevations of the project, overall site topography or slope, and significant physiographic features, such as ridges and stream valleys. In the absence of site-specific hydrogeologic data, surface topography will be used to infer the direction of groundwater flow (and therefore, the direction of flow ofcontarninated waters) in near-surface aquifers. The U.S. Geologic Survey's (USGS) 7.5-minute topographic maps would be used. Soils - Identify soil types and general characteristics, such as drainage, permeability, soil mantle depth, and depth to bedrock. Soils data assist in determining the ease at which contaminants may migrate laterally and downward, depth to groundwater, and suitability for underground storage tanks (some soils are highly corrosive to metals, and thus, may expedite the failure of steel tanks). The soil data would be obtained from the Soil Survey of Brazoria County, Texas, published by the U.S. Department of Agriculture (USDA) Soil Conservation Service. Geology - Geologic data may be limited for some sites. If possible, the physiographic province within which the property is located and the characteristics (e.g., rock types, impermeable layers, bedrock characteristics) of local geologic formations would be described. These characteristics assist in determining the susceptibility of groundwater to contamination. Potential data sources include the USGS and state and local environmental agencies. Ilydrology - Hydrologic data may also not be readily available for all sites, but would be addressed to the extent possible. Regarding groundwater, determine approximate depth to groundwater, water quality, direction of flow, aquifer productivity, and its suitability for domestic consumption. For surface water, describe site drainage, water quality, and any obvious wetland concems. Potential sources of hydrologic data include the USGS and state and local environmental or water resource agencies. Additional Services to Phase I ESA Threatened and Endangered Species QCI will also survey the Site for the potential to impact Threatened and Endangered species. These services will include an opinion by QCI with regard to the potential to impact Threatened and Endangered species. After the initial Site visit, QCI will prepare coordination letters requesting specific site information regarding threatened and endangered species from the US Fish and Wildlife Service (USFWS) and Texas Parks and Wildlife - Endangered Resources Group. Information on the potential to impact threatened and endangered species will be included in the Phase I ESA. Wetland Delineation A summary of the potential to impact wetlands will be included in the Phase I ESA. A separate wetland delineation report will be prepared, that will include a Preliminary Jurisdictional Determination report for coordination with the USACE. A detailed wetland scope is included as Task 2. Data Evaluation and Final Report Pertinent data and observations will be compiled and presented in a Final Report. The report will include an opinion by QCI with regard to the absence and/or presence of potential environmental concerns. Conclusions and recommendations will be presented concerning the key observations and findings of the investigation. The conclusions and recommendations would emphasize any environmental threats or suspect activities (current or historic) identified at the subject site and vicinity. Appropriate recommendations for additional investigations and/or environmental sampling and analysis under Phase II ESA will be made (if required). Two (2) copies of a draft report will be submitted to TCB for review and comment prior to finalizing the report. Six (6) copies of the Final Report will be submitted to TCB, for distribution as appropriate to the City of Pearland · , Proposal 02-10 - Phase I ES.al~West Mary's Creek Detention Facility February 12, 2002 Page 6 by TCB. Additional copies can be provided at cost for printing and reproduction. The Phase I ESA Report will be formatted as follows: A. Table of Contents B. Executive Summary- Include brief summary of investigation results and recommendations. C. Objective/Scope of Services D. Site Overview E. Site Reconnaissance 1. Visual Observation 2. Surrounding Land Use 3. Survey Results F. Historical Review/Site Background * 1. Chain of Title (can be provided as an additional scope if requested) 2. Aerial Photograph Review 3. City Directories 4. Sanborn Maps 5. Personal Interview 6. Historical Review Summary G. Environmental Setting 1. Soil and Ground Water Quality 2. Topographical and Surface Water Characteristics 3. Wetlands 4. Geologic and Soil Characteristics 5. Floodplain Data 6. Hydrological Characteristics H. Regulatory Agency Review I. Threatened and Endangered Species J. Conclusions and Recommendations K. Appendices 1. Site Location Maps 2. Aerial Photographs 3. Other figures and maps (i.e. FEMA maps, National Wetland Inventory Maps, etc.) 4. Regulatory Database Information 5. Photographs 6. Coordination Letters CLISFWS/TPWD) L. References and List of Preparers * Chain of Title records are not included in these cost estimates. TASK 2- WETLAND DELINEATIONS AND PRELIMINARY JURISDICTIONAL DETERMINATION QCI will conduct a wetland delineation and will prepare a Preliminary Jurisdictional Determination (PJD) report to provide to the US Army Corps of Engineers (USACE). The Scope of Work for the wetland delineation will also include a field verification visit with the USACE. This Scope of Work does not include wetland function and value determinations or permitting and mitigation for wetland impacts. This Scope of Work does not include surveying the wetland areas, however, sufficient data will be collected to estimate the potential wetland impacts. Surveying will be provided by others if required. Based on a preliminary review of information available on the Site, the Site lies within the 100-year floodplain of Mary's Creek. The 1995 Digital Ortho Quarter Quad (DOQQ) of the project area indicates that there is a pond (referred to as a brine pit by others) on the Site. The USFWS National Wetland Inventory map classifies this pond as Paluslrine, Aquatic Bed, Semipermanently Flooded and as Palustrine, Open Water, Semipermanently Flooded, · · Proposal 02-10 - Phase I ESA West Mary's Creek Detention Facility February 12, 2002 Page 7 Excavated. In addition, the DOQQ and an aerial photograph of the area show signs of an extant drainage channel on the Site that could be the original Mary's Creek channel prior to channelization. Wetland Delineation The wetland delineation will be conducted according to USACE methodologies published in the 1987 Corps of Engineers Wetlands Delineation Manual (Technical Report Y-87-1) using the routine determination methodology for large tracts. If, during the site visit, it is determined that there are minimal sight limitations, the entire Site will be walked instead of using transects. The wetland delineation will include sufficient data points to def'me the upland-wetland boundaries. In addition, the data points will be selected to represent the various soils and vegetative habitats identified on the Site. The wetland boundaries will be staked and flagged in the field to allow for subsequent surveying of the wetlands. The preliminary wetland boundaries will be indicated on a map of the Site· Preliminary Jurisdictional Determination Upon completion of the fieldwork, a Preliminary Jurisdictional Determination (PJD) report will be prepare for the Site. Two copies of the PJD report will be provided to TCB and the City of Pearland for review and comment prior to submittal to the USACE. PROJECT SCHEDULE The most limiting time constraint for completion of the Phase I ESA is the acquisition of historical regulatory information and aerial photographs, which may require up to ten days after notification to proceed. QCI is prepared to begin work on this project immediately following receipt of written notification to proceed. Issuance of the final reports is anticipated within sixty (60) days after commencement of work contingent on standard conditions. We anticipate that the PJD will be completed within 60 days after commencement of work. LIMITAT/ONS The findings and opinions of QCI's Phase I ESA will not be scientific certainties, but rather opinions based on our professional judgment conceming the significance of the data gathered during the course of the site assessment. QCI will not be able to represent that any of the sites contain no hazardous or toxic substances, or other latent conditions beyond that observed by QCI during and within the scope of work of the assessment. The Phase I ESA Report shall be prepared on behalf of and for the exclusive use and reliance of Turner Collie and Braden, Inc. and the City of Pearland, solely for use in environmental evaluation of the Site. Notwithstanding anything to the contrary, and third party reliance is limited to the agreed upon scope of the work by and between QCI, Turner Collie and Braden, Inc., and the City of Pearland. COST ESTIMATE We propose to provide the above services on a lump sum basis. The cost estimate is based on the location information provided by TCB, which is included as Attachment B. We estimate a total price of $28,750.00 for the Phase I ESA, Threatened and Endangered Species Survey, and Wetland Delineations. The cost is based on labor and other expenses such as travel and material charges. Should the results of the Phase I ESA indicate that additional site characterization be warranted, the report will include recommendations for further investigation. This proposal is valid for 120 days. Proposal 02-10 - Phase I ESA West Mary's Creek Detention Facility February 12, 2002 Page 8 The following table provides details for the total cost generated for our proposal. DESCRIPTION OF SERVICES COST Phase I ESA with Threatened and Endangered Species Survey $ 10,900.00 Wetland Delineation and PJD $ 17,850.00 TOTAL I $ 28,750.00 We are prepared to begin work immediately upon receipt of your written authorization. We look forward to the opportunity of assisting you in this matter. Please call Mr. Bill Jackson or me if you have any questions. Sincerely, QUADRANT CONSULTANTS INC. Michael Y. Chou President MYC:WTJ Attachment A - Information required from TCB Attachment B - TCB Letter (February 7, 2002), TCB-Scope of Work for City of Pearland Projects Proposal 02-10 - Phase I ESA West Mary's Creek Detention Facility February 12, 2002 Page 9 ATTACHMENT A Information Required From TC&B West Mary's Creek Detention Facility Phase I ESA 1. a surveyed site map, or other map, detailing the exact property boundaries; 2. flag and/or stake property comers; 3. copies of any previous environmental, geotechnical, and hydrogeological reports (if any); 4. copies of any environmental permits, registrations, and notifications (for example: hazardous waste, solid waste, wastewater, storm water, and petroleum storage tanks); 5. copies of any correspondence with environmental regulatory agencies; 6. information of any known recognized environmental conditions; 7. information regarding and pending or past notices of violations, administrative proceedings, or litigation relevant to hazardous substances or petroleum products; 8. property access arrangements; 9. name and telephone number of the current property owner; 10. the names of previous property owner(s), if available; 11. the name(s) of any other person(s) knowledgeable of the property; and 12. information regarding the planned use or development of the property. Austin Conroe Houston INC. Pasadena CONSllt:FiNG LNCINFERS Engineering •Surveying • Planning Revised July 26, 2002 Mr. Craig Hester,P.E. Turner Collie &Braden, Inc. 5757 Woodway Houston,Texas 77057-1599 Reference: West Mary's Creek Detention Facility Survey Proposal JNS Proposal No. 02-06-07 Dear Mr.Hester: We have reviewed the Foster Rainwater survey forwarded to us by courier June 20; 2002 and believe this will facilitate our ability to prepare a parcel taking for the proposed detention for the first tract shown on your original Title Plan Map and Ownership Information. We could plan to recover the boundary corners shown on this map and verify the lines and distances called for. We would still require.a full title data report with documents in order to calculate the existing drainage easement for Mary's Creek crossing through this property, We have reviewed the C.L. Davis survey forwarded by e-mail to us Friday, June 21, 2002 and recognize this survey will provide for vertical control for the detention pond site topographic survey. This survey shows limited property corners and boundary line bearings and distances for tracts 5 and 6 only, but it is not a boundary survey and is not complete enough for tracts 2 through 6 to permit a boundary verification of these tracts. We would need full title data for these tracts and need to perform a complete boundary survey for these tract. Upon completion of the field survey, we could analyze the boundary for all six tracts and prepare a composite ownership map for these tracts,complete with the existing easements for West Mary's Creek. We would submit a copy of this map (with the topographic survey information included) for your review of the proposed detention pond site. Once we receive the final pond site boundary, including the exact geometrics for the proposed Magnolia Drive right-of-way, we could apportion the pond site as needed into a parcel taking map. Based on the information provided,we propose the following scope of services: 1. Topographic Survey—Approximately 120 Acres Use existing benchmark information provided on the survey prepared by C.L. Davis. Set additional temporary benchmarks around the proposed detention pond site at the general overall northwest, northeast and southeast corners. Recover existing property corners for H:\Client CorrsspondencelProposals\2002Vunc102-06.07 revised 07-22-0"revised 07 26.02.doc Ili" t / 17171 Park Row,Suite 160•Houston,TX 77084•Ph 713.973.9139■Fx 713.973.1715•wwwjnsconsultingengineers.com•JnsiJnsee.com Mr. Craig Hester,P.E. Turner Collie&Braden,Inc. - Revised July 26,2002 Page 2 the six (6)tracts composing the pond site to use as horizontal control to locate visible and apparent houses, fences,buildings, roads, ditches, utilities and other topographic features on site. Locate West Mary's Creek along the south. Obtain elevations across the site on a 300-foot interval grid,with shots taken every 100-feet along these lines. Extend cross- sections across West Mary's Creek every 500 feet. We would stop our topographic survey at the east right-of-way line of F.M. 1128, so as not to duplicate the effort performed by C.L. Davis in.mapping F.M. 1128. We would request the City of Pearland provide bearing and coordinate control data from Mr. C.L. Davis so as to allow our project to merge with his project in graphic file coordination and bearing orientation. 2. Boundary and Parcel Taking Survey—6 Tracts 1. Perform boundary recovery and traversing to.tie the property corners for the six . , (6) tracts of land comprising the proposed detention pond site. Perform analysis and computations necessary to calculate the final boundary for these tracts. Bearings would be based on existing surveys provided to us. . 2. Perform computations as needed to calculate proposed parcels.of land required for the detention pond site. We would work with the specified boundary dimensions provided by others. 3. Prepare a composite map and metes and bounds descriptions for six (6)parcels of land. The map and descriptions will be signed and sealed by a registered professional land surveyor and shall be certified to as a Category I A, Conditions II Survey. We would require full title data and easement deeds for the six (6) tract of land subject to takings, copies of easement documents for West Mary's creek and copies of subdivision plats along the north and south sides of the proposed pond site. These would be required prior to our field survey in order to provide for boundary recovery, We could perform this work for the Not to Exceed amount as follows, based on our rates on the attached rate schedule. 1 Topographic Survey 120 Acres $11,980.00 2 Boundary and parcel Taking(six (6) Tracts) $17,860.00 Total Surveying $29,840.00 We will notify you in writing upon the discovery of any unforeseen problems which would cause the amount of this work to exceed the above listed fees. We could begin this work at your convenience and would require approximately 45 days to complete the preliminary boundary and topographic survey. H:1Client Correspondence\Proposals12002Uune102-06-07 revised 07.22-02 revised 07-26-02.doc Mr.Craig Hester,P.E. Turner Collie&Braden,Inc. Revised July 26,2002 Page 3 Please review this proposal and call if you have any questions or comments. Please sign in the space provided below as authorization to proceed with these services. We look forward to working with you and the City of Pearland on this project. Sincerely, JNS Consulting Engineers, Inc. • • Jon N. Strange,P.E., R.P.L.S. • President JNS/FILL /kjr • • Authorization: Date: H:IClient Correspondence\Proposals12002Uune102.06-07 revised 07-22-02 revised 07-26-02.doc 7/26/02 REVISED JULY, 2002 CITY OF PEARLAND MOBILITY AND DRAINAGE PROGRAM WEST MARY'S CREEK DETENTION POND SITE JNS PROPOSAL NO. 02-06-07 b A OIL ...... .... (�'I` pagArTpNegti TOPOGRAPHIC SURVEY 4.0 8.0 24.0 28.0 72.0 $11,980.00 BOUNDARY AND PARCEL TAKE 8.0 18.0 56.0 . 56.0 • 80.0 6.0 $17,860.00 y�/�, /�. A Y.Z y,� iRf.Y=•: �s (��' jQ',(}f� .ii n [. •%:�avN igni iiiiiiiiiiiiiiii _ . ....... i.`^�v. '. (fir GRAND TOTAL SURVEYING §29,840.00 • • • • • H CLI-Ni1PROPOSAL120IIAIUMEW2-0b-07 Mmhoar Projections revised 07 22-02 revised 07 26-02 xis RESOLUTION NO. R2002-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,APPROVING WORK AUTHORIZATION#3 SUPPLEMENT#3 FOR SURVEYING SERVICES ASSOCIATED WITH THE WEST MARY'S CREEK DETENTION FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Turner, Collie and Braden, Inc., ("T C & B)for Program Management of the Pearland Mobility and Drainage Bond Program was authorized by the City Council on December 10,.2001. Section 2. That T C & B has developed work authorization #3 Supplement 3, which is attached hereto as Exhibit "A". Section 3. That work authorization #3 Supplement #3 for surveying services associated with the West Mary's Creek Detention Facility is hereby approved. PASSED,APPROVED and ADOPTED this the 5 day of August A.D., 2002. ia Ohl TOM MAYOR ATTEST: . / ' YI, NG ':,4'; e , S of ETARY APPROVED AS TO FORM: Qate..._.-( DARRIN M. COKER • CITY ATTORNEY AI I'ACt11VIL+'1N 111 WORK AUTHORIZATION NO. 3 Exhibit "A' . R2002-119 SUPPLEMENT NO. 3 This Work Authorization is made pursuant to the terms and conditions of the Pearland Mobility&Drainage Bond Program, hereinafter identified as the"Contract", entered into by and between the City of Pearland("City"), and Turner Collie &Braden Inc. ("Engineer). PART 1. Work Authorization No. 3 is related to West Mary's Creek Detention Facility. The Engineer will perform Topographic and Property Survey Services under this Authorization. PART 2. The maximum amount payable for services under this Work Authorization No3, Supplement No. 3 is $29,840.00. This amount is based on the following: See . attached fee proposal submitted:by.JNS Consulting Engineers, Inc. in the amount of $29,840.00 dated July 26,2002. • PART 3. Payment to the.Engineer for the services established under this Work Authorization:Supplement No. 1 shall be"Lump Sum". • PART 4. This.Work Authorization No.3 Supplement No. 3 shall become effective on `! • August 6, 2002 and shall terminate on November 12, 2005,unless extended by a supplemental work authorization. PART 5. This Work Authorization does not waive the parties' responsibilities and obligations provided under the contract. PART 6. This Work Authorization is hereby accepted and acknowledged below. ENGINEER CITY OF PEARLAND By: .,"" By: Larry F. Janak Bill Eisen Typed or Printed Name Typed or Printed Name Sr. Vice President City Manager Title Title August 9, 2002 • August 5, 2002 Date Date LIST OF EXHIBITS Exhibit A—Fee Schedule Exhibit B—Work Schedule Turner Collie Braden Inc. 7/26/2002 EXHIBIT A FEE SCHEDULE Pearland Mobility&Drainage Bond Program Work Authorization No.3 SUPPLEMENT No.3 Summary Project West Mary's Creek Detention Facility • Engineering Services • • Previous Current . ".. Authorization Authorization Hydrologic&Hydraulic Dannenbaun.Engineering ; $27,120.00 , Environmental Compliance Quadrant $28,750.00 . Topographic Survey JNS Consulting Engineers $0.00 $11,980.00 Geotech" QC Laboratories $5,455.00 ROW Maps&Documents . • JNS Consulting Engineers $0.00 $17,860.00 • PS&E $0.00 • ROW Acquisition Assistance Crosslands $23,300.00 Materials Testing $0.00 Subtotal $84,625.00 $29,840.00 • Total to Date $114,465.00 Page 1 of 1