R2001-0175 12-10-01 RESOLUTION NO. R2001-175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY
FOR THE REIMBURSEMENT OF EXPENSES ASSOCIATED WITH THE
ENVIRONMENTAL ASSESSMENT OF THE PEARLAND/MANVEL
LANDFILL SITE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain interlocal agreement by and between the Cityof Pearland
and BrazorJa County, 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 an interlocal agreement with Brazoria County for the
reimbursement of expenses associated with the environment assessment of the
Pearland/Manvel Landfill site.
PASSED, APPROVED and ADOPTED this the ~.0 dayof December ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
I,NG //- //
' SEORETARY /// u-
PROVED AS TO FORM:
DA'R-RIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200'1-'175
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
INTERLOCAL AGREEMENT,
This agreement is made at Angleton, Brazoria County, Texas between
BRAZORIACOUNTY, TEXAS, acting through its Commissioners' Court (hereinafter
"County"), and THE CITY OF PEARLAND, TEXAS, acting through its Mayor
(hereinafter "City").
NOW, THEREFORE, THE COUNTY AND THE CITY agree as follows:
1.0 The term of this agreement shall be from November 1, 2001, to October 31, 2002.
The AGREEMENT may be renewed annually by the written approval of County and City.
1.1 Pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791
and the Texas Transportation Code, Section 251.012, County agrees to provide funding,
personnel and equipment at its own expense to conduct an environmental investigation of the
approximately five acre tract, known as the PearlandOvlanvel Landfill, located 'on
County Road l00 and Bedneyak Road in the City of Manv¢l, Brazoria County, Texas.
Said investigation shall include a radiation survey, a ground penetrating radar survey,
soil sampling and analysis, and groundwater sampling and analysis.
1.2 The work authorized by this AGREEMENT may be done:
(1) by County through use of county personnel and equipment;
(2) by an independent contractor with whom County has contracted.
(3) by county through purchase of material or related services.
1.3 For and in consideration of the above agreement by County, City agrees to
reimburse and pay to County 50% of fees paid by County to any independent contractor or other
provider for performance of any work or provision of any materials required by paragraph 1.I,
within 30 days of receipt of a written request for reimbursement and copies of invoices showing
full payment to independent contractor or other provider by County. It is expressly understood
between the parties that County shall have no authority or obligation to provide any service not
so agreed to in writing, nor shall City have any obligation to reimburse expenses for any service
not so agreed in writing.
1.4 The parties intend that County in performing such services, shall act as an
independent contractor and shall have control of the work and the manner in which it is
performed. County shall not be considered an agent, employee, or borrowed servant of City.
1.5 The parties further agree that such work and materials are provided by County
without warranty of any kind to City or any third party.
II.
2.0 To the extent authorized by law, City hereby agrees to assume the risk of, defend,
hold harmless, and fully indemnify County, its officers, agents, and employees from any and all
loss, damage, cost demands or causes of action of any nature or kind for loss or damage to
property, or for injury or death to persons, arising in any manner from the performance of the
above-referenced work.
2.1 To the extent authorized by law, County hereby agrees to assume the risk of,
defend, hold harmless, and fully indemnify City, its officers, agents, and employees from any
and all loss, damage, cost demands or causes of action of any nature or kind for loss or damage
to property, or for injury or death to persons, arising in any manner from the performance of the
above-referenced work.
III.
3.0 Either party may terminate this agreement upon thirty (30) days' written notice to
the other party.
3.1 Nothing herein shall be construed to make either party a purchaser of consumer of
goods or services from the other.
3.2 Nothing herein shall be construed to create any rights in third parties.
2
SIGNED AND ENTERED this the !0 day of December ., 2001.
ATTEST: CITY OF PEARLAND, TEXAS
BRAZOKIA COUNTY, TEXAS
By:
Jo
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
'--~D;I/ 2zt'$~tq ., known to me to be the person whose name is subscribed to
the foregoing insmunent and acknowledged to me that he/she executed the same for the proposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 2~ DAY OF
~_t_e~,~ ~,r-~ , A.D., 20 Ol~ .
NOTARY PUBLIC, STATE OF TEXAS
~l.~[,,~v.~.~ Not~/Putfllc, State o~ ?~.~
~\~X/'~¥] My Commission Expires
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
¢oD"o/q Iq ~) I'l ~ t~ , known to me to be the person whose name is subscribed
to the foregoing instrmuent and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~P-~ DAY OF
EI/~~. , A.D., 20 O~2_ ·
OTAR¥ VtmLIC, SZATE OF TEXAS
Commission Expires: [ ~~ a ~- 0 q
Printed Name: ~_~Jhp_r', 19/0 ~.- PlcnL-'l
4
ORDER NO. 9 RE: INTERLOCAL AGREEMENT WITH THE
CITY OF PEARLAND*
Motion by Commissioner Harris, seconded by Commissioner Payne, that the
following action be taken by the Court:
Approve the Interlocal Agreement with the City of Pearland for cost sharing
associated with the environmental assessment of the Pearland/Manvel landfill.
Further, that the County Judge be authorized to sign the Agreement on behalf of
Brazoria County.
Motion carried, all present voting aye.
STATE OF TEXAS
cOUNTY OF BRAZORIA )
I, Joyce Hudman, Clerk County Court and Ex-Officio Clerk of the
Commissioners' Court of Brazoria County, Texas, do hereby certify that the
foregoing is a true and correct copy of that certain:
ORDER NO. 9 RE: INTERLOCAL AGREEMENT WITH THE
CITY OF PEARLAND'
as passed by the Commissioners' Court SPECIAL Term of Commissioners'
Court on JANUARY 8, 2002 and as the same appear (s) in the Commissioners'
Court Records of Brazoria County, Texas.
GIVEN UNDER MY HAND AND SEAl. OF OFFICE, this the 8~H DAY
JANUARY A. D? 2002
' ~ JOYCE HUDMAN, Clerk County Court
- ~ - and Ex-Officio Member of the Commissioners'
Court of Brazoria County, Texas
- ~ ~ By ~ ~ Deputy
- C. Atkins
ORDI~R NO. 22 RI~: CONSIDI~RATION OF WITHDRAWAL FROM
F, XISTING MUTUAL AID I~AW ]~NFORCI~MI~NT
AGRI~I~M]~NT AND I~NT]~RING INTO A NI~W
AID AGRI~I~M]~NT*
Motion by Commissioner Harris, seconded by Commissioner Clawson, that thc
following action be taken by the Court:
1. That the Sheriff of Brazoria County is authorized to withdraw the County's
participation in the Mutual Aid Law Enforcement now existing between Brazoria
County and the following governmental entities:
City of Alvin City of Angleton
City of Brazoria Brookside Village
City of Clute City of Danbury
City of Freeport Village of Iowa Colony
Village of Jones Creek City of Lake Jackson
City of Manvel City of Oyster Creek
City of Pearland City of Richwood
Village of Surfside Beach City of Sweeny
City of West Columbia County of Harris
County of Galveston County of Fort Bend
County of Matagorda County of Wharton
2. That the Sheriff of Brazoria County is authorized to enter in a new Mutual Aid
Law Enforcement Agreement pursuant to Chapter 362 of the Texas Local Government
Code which includes a provision that if a law enforcement agency enters a jurisdiction
other than its own in pursuit of normal investigative activities, it shall inform the chief
law enforcement official of such jurisdiction in advance of such action. The new
Mutual Aid Agreement shall be with the following governmental enties:
City of Alvin City of Angleton
City of Brazoria Brookside Village
City of Clute City of Danbury
City of Freeport Village of Iowa Colony
Village of Jones Creek City of Lake Jackson
City of Manvel City of Oyster Creek
City of Pea~land City of Richwood
Village of Surfside Beach City of Sweeny
City of West Columbia
3. That the Sheriff of Brazoria County is authorized to issue such notices and to
execute such documents on behalf of Brazoria County to facilitate the forgoing orders.
4. Further, that a certified copy of this Order be delivered to the Sheriff of
Brazoria County.
Motion carried, all present voting aye.
STATE OF TEXAS
COUNTY OF BRAZORIA }
I, Joyce Hudman, Clerk County Court and Ex-Officio Clerk of the
Commissioners' Court of Brazoria County, Texas, do hereby certify that the
foregoing is a true and correct copy of that certain:
ORDER NO. 22 RE: CONSIDERATION OF WITHDRAWAL FROM
EXISTING MUTUAL AID LAW ENFORCEMENT
AGREEMENT AND ENTERING INTO A NEW
AID AGREEMENT'
as passed by the Commlsmoners Cou SPECIAL Term of Commlsmoners
Court on JANUARY 8, 2002 and as the same appear (s) in the Commissioners'
Court Records of Brazoria County, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 8?a DAY
JANUARY A. D_.,. 2002
JOYCE HUDMAN, Clerk County Court
and Ex-Officio Member of the Commissioners'
: ~ Cou~Braz/~;D~nty, Texas
sy. Deputy
C. Atkins
ORDER NO. 33 RE: AUTHORIZATION TO ADD NEW
PARTIES TO T.N.R.C.C. LAWSUIT
AND FILE ADDITIONAL LAWSUITS
Motion by Judge Willy, seconded by Commissioner Harris, that the following
action be taken by the Court:
1. It is ordered that the District Attorney, on behalf of Brazoria County is
authorized to continue to join with Fort Bend County in their legal action aEainst the
· ' ' ' ro am dealing with ambient air
Texas Natural Resource Conservatton Comnuss~on s p gr
quality standards in the eight county Houston-Galveston area, including any and all
amendments deemed necessary or advisable join the Texas Department of
Transportation and/or the United States Environmental Protection Agency as parties
to any state court litigation,
and further including the filing of any and all companion federal civil actions and/or
appeals deemed necessary or advisable to join the Texas Natural Resource
Conservation Commission, the Texas Department of Transportation, and /or the
United States Environmental Protection Agency as parties to all litigation which
implements and furthers the objectives set forth in Travis County case number GV-
100139 and/or binds such parties to its outcome·
Motion carried, all present voting aye.
STATE OF TEXAS )
cOUNTY OF BRAZORIA )
I, Joyce Hudman, Clerk County Court and Ex-Officio Clerk of the
Commissioners' Court of Brazoria County, Texas, do hereby certify that the
foregoing is a true and correct copy of that certain:
ORDER NO. 33 RE: AUTHORIZATION TO ADD NEW
pARTIES TO T.N.R.C.C. LAWSUIT
AND FILE ADDITIONAL LAWSUITS
as passed by the Commlsmoner Court SPECIAL Term of Comnnssloners
Court on JANUARY 8, 2002 and as thc same appear (s) in the Commissioners'
Court Records of Brazoria County, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 8TH DAY
JANUARY A. D., 2002
JOYCE HUDMAN, Clerk County Court
and Ex-Officio Member of the Commissioners'
Court o~Brazoria County, Texas
_ By ~, ~ Deputy
C. Atldns
FRO
DISTRICT ATTOR
EY
RAZORIA COUNTY, TX. (WED) 11, 14'
17/ST, 1 7:14,/NO, Q5°C6723C8 P 2/5
BERG o OLIVER ASSOCIATES, INC.
EuwfnnimsutaJ Wean, EPSseerio= dt Lad Um' Cosauit.ata
(4811 SY. Marys Lama, Swift 76.1
Hoeelon, texas 77079
(281) 58P4998 fax' MI, 589.0007
Jai Yenne
Criminal Drstnct Attorney Brazoria County
11 l East Locust
Suite 408A
Angleton, Texas 77515
RE- Peartand Manvcl Dumpsite
Dear Ms. Yenne,
November 9, 2001
Berg Oliver Associates. Inc. is pleased to provide this revised proposal for environmental
services to be performed at the PetarlandaMarivel Dumpsite, located on County Road 100
approximately 5 miles southwest of the City of Pearland
Based upon your letter to Mr. Arad Broussard of the TNRCC Radioactive Material
Licensing acid Waste Permit Division, dated October 31, 2001, we understand the scope
of work to be defined as follows.
Scope of Work;
I Radiation Survey at Hot Spots: The EPA's Removal Assessment Report,
January 2000, describes eight (8) hot spots previously identified on the subject
property which exhibited radioactive readings above background for the area
These hot spcu will be screened at the surface for radioactivity.
Radiation Survey on the Property Perimeter: To define whether
radioactive material is located or migrated to the property boundaries and
potentially offsite, four (4) locations, one on the north. south, cast , and west
property lines will be surveyed at the surface for radioactivity.
3. Additional ,civil Testing at the Hot Spots: Due to previously identified
hazardous constituents iri the soil onsite, the (8) hot spot areas will be tested
for heavy metals PCEB's, organic compounds, and land banned pesticides,
Two (7) soil samples will be collected from each of the eight soil bore- g
locations. The first soil sample will be collected from the surface and the
second from immediately above the confining layer.
Additional Soil mod Groundwater Testing as the Perimeter: Due to
previously identified hazardous constituents in the soil onsite, soil and
groundwater will be tested at the four (4) locations on the pent -new of the
properly described isi Task 2 above. Two (2) soil samples will be collected
from each or Ow eight soil boring tncatidns. The four (4) locations will be
FROy, D 111 T R I CT ATTORNEY - iiA2ORI A COUNTY, TX, (DYED) 11. 14' .1 17 ,1 ri ST, 17: 14/ AO. 3560672308 F'
:
�/ '
tested for heavy metal9. PC13's, organic compounds, and land banned
pesticides Four (4) groundwater monitoring wells will be installed to evaluate
the groundwater condition on the perimeter of the site The water will be
tested for heavy metals, PCBs, organic compounds, and land banned
pesticides and radiation.
To perform the scope of work described above ii will be necessary to provide TNRCC
with a work plan describing the sampling and testing methodology. Additionally they
will need a Health and Safety Plan to review to insure worker safety. Berg Oliver
Associates will provide the site specific plans to the `fNKCC for their review and
approval.
Proposed Costs:
The proposed costs are provided below and are based upon the four (4) scope of work
items described above and agreed upon by the TNRCC
Scope Item 1, Radiation Survey at Hot Spots
A. Locate previous hot spots on ground
B Radiation survey
C, GPS coordinates of locations
D Travel to and from site
Subtotal
Scope Item 2: Radiation Survey on the Property Perimeter
A. Identify new screening location
B, Radiation survey
C GPS coordinates of locations
Subtotal
Scope Item 3. Additional Soil Testing at the Rot Spots (8)
A Geoprobe sampling truck/operator
B. Geologist and technician
C, Consurnables
D. Sample collection (2/hole) t6 total
E. Analytical (16 samples)
F. Screen samples for radiation
G Travel/ Meals
Subtotal
52,970
51,830
$3,250
54,000
$ 150
$19,200
5 750
5 100
527,450
Scope item 4! Additional Soil and Groundwater Testing on the Perimeter (4)
Soil
A Geoprobe sampling truck/operator $1,625
FROM DISTRICT ATTORNEY - BRAZO.
IA COUNTY, TX.
(WED) 1 I, '4' 117:18/ST, 17 ; 14/NO, 35 05 7?808 F 4/5
Subtotal
Subtotal
a Geologist and technician
c Consumables
N- Sample collection (2/hole) 8 total (Included)
D. Analytical (8 samples)
E. Screen samples for radiation
F GPS coordinate of locations
G Tnvet/meals
Groundwater
A. Install 4 monitoring wells (to app. 25' ea,)
R. Drum soil cuttings (included)
C. Drurn purge water (included)
D. Geologist and technician
E Collect groundwater samples (4)
F. QA/QC samples (4) 1/well
G. Analytical (4)
H. Survey Top of Casing elevations
I Collect groundwater elevation data
J Groundwater gradient map
K Screen samples for radiation
I. Travel/meals
$2,000
S 75
S9,600
$ 750
$ 450
S 50
$14,550
54,800
54,000
$2,000
56,500
$6,500
$2,500
51,250
$1,200
$ 750
$ 100
579,600
In addition to the four tasks detailed above several miscellaneous tasks will also be
necessary to conduct the appropriate study. Those tasks are as follows:
Subtotal
Miscellaneous Tasks
I. Work Plan
2. Health and Safety Plan
3, Site Investigation Report
4, TNRCC Research and Coordination
Grand Tel MASH
$3,500
$2,500
S2 6,000
$4,000
538,000
Laboratory analytical m soil samples Includes metals, VOC's, S VOC's, PCBs, end
pesticides. Rid onucteides Will be run on sots samples which exhibit above background levels
identified in the field screening process. On average the analytic') cost far dyes analysis is
5445.Q0 per sample Radeonuc)eides analysis is included Ln the groundwater analysis.
FROM DISTRICT ATTORNEY - BRAZORIA COLNTY, TX, (WED) 1 , 14'
•
1 7,18/ST117: I4/N0, 35606? aoe P 5/5
CONFIDENTIALITY OF ASSESSMEN-I
The results of all investigative work performed by Berg* Oliver Associates, Inc. are
confidential. Upon acceptance and execution of this proposal/agreement, Berg•Olivcr
Associates. Inc. Will be employed by the client and, under such employment, all
correspondence, written or verbal, by Berg, Oliver Associates, Inc„ which relates to the
findings of ;his study are, to the extent allowable by law, strictly confidential. No
findings or results will be offered to any third party, including government agencies,
except if required by legal order. without prior permission of the client. If instructed by
the client or its authorized agent, either in wnttng or verbally, Berg*Oliver Associates,
Inc. will provide the results of the study to one. or more, recipients as designated by the
client. One file copy of the final report will be maintained in secure files at the offices of
Bergepliver Associates, Inc. If additional report copies are requested they will be
provided at a cost of seventy-five dollars ($75,00) each, or cost plus twenty (2O%)
percent, whichever is greater
AUTHORIZATION
The Limited Phase 11 Sue Investigation will be authorized upon the execution of this
proposal by the client or by an authonzed signatory of the client If the client is a
Corporation or a Partnership, then the signature below will also represent the personal
guarantee of the individual signing on behalf of the Client. By signature below, the client
grants permission for Berg•Qliver Associates, Inc. personnel to enter the property as
necessary to conduct this study
EXECUTED this I
day of November, 2001,
Brazona County
"Client"
By;
Au Tri..-d S'gnture
BERG • OLIVER ASSOCIATES, INC.
Pni Vice President