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Home My WebLink AboutReclaimed Water ProjectWindwood Neighborhood Association Annual Meeting Agenda Tuesday, October 12, 2010 7:00 p.m. I. Call meeting to order. Welcome members, visitors and speakers. II. Minutes of2009 Annual Meeting ill. Treasurer's Report IV. Old Business V. New Business • Vote on an amendment to Bylaws reflecting that the dues are $20 per year per household and that in the future they may be changed by a vote of the members at the annual meeting as needed. • Elect Officers and Block Representatives. • Ask for volunteers for Beautification and Parks Committee and for Hospitality and Information Committee. • Propose and vote on becoming a Texas non-profit corporation. • Propose First Sunday Afternoon Tea/Coffee in Windwood Park. • Discuss a WNA Website. • Consider possible development of Baymont Hotel & Suites. • Other New Business • VI. Speakers • Police Officer : Officer Phillips and Lt. Anderson • Joe Guerra, Transportation Planning Coordinator, and Troy Rother, Transportation Planner • Vanessa Garza, Green ways Program Manager • Barbara Moore, Neighborhood and Community Relations Coordinator VII. City Council Candidates John Nichols and Jana McMillan VIII. Adjourn Meeting. Information for Neighbors Monday, October 25, 2010 7:00 p.m. City Council meeting Possible rental inspection program : The Council asked City Staff to begin to develop a program to look at health and safety concerns in rental properties. This meeting will be to discuss with Council and citizens which rental properties might be included, what needs to be inspected, and who could do the inspections. This is your opportunity to give the Council and Staff your opinion about what should or should not be included and whether or not you think it is important. Tuesday, Nov. 2, 2010 7:00 a.m. to 7:00 p.m. Election Day Vote at Aldersgate Methodist Church, 2201 Earl Rudder Freeway To: From: October 14, 2010 Regular Agenda Item No. 3 Water Reclamation Project WF0995711 Construction Contract Gl-enn Brown, City Manager Chuck Gi1man, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding the approval of a construction contract (10-251) with Dudley Construction in the amount of $2,122,819.10 for the Water Reclamation Phase 1 Project. Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response to Core Services and Infrastructure and Goal V, Gre_en Sustainable City. Recommendation: Staff recommends approval of the construction contract. Summary: The Water Reclamation Project will allow treated effluent from the Carters Creek Wastewater Treatment Plant to be delivered to Veteran's Park in an effort to conserve potable water that is currently being used for irrigation purposes in thE? park. The project includes a pump station at the treatment plant, a 12" reclaimed water pipeline from Carter's Creek Wastewater Treatment Plant to Veteran's Park, and a ground storage tank at the park. The project was advertised for bids on August 31, 2010 and the lowest bid is being recommended for approval . The project is scheduled to be complete in 9 months and will be ready for summer 2011. Budget & Financial Summary: Funds in the amount of $3,606,730.00 are budgeted in the Water Capital Projects Fund. Funds in the amount of $611,195.34 have been expended or committed to date, leaving a balance of $2,995,534.66 for construction and future expenses. Attachments: 1. Resolution 2. Project Location Map 3. Bid Tabulations 158 RESOLUTION NO. ------ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE WATER RECLAMATION PHASE 1 PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS. WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the Water Reclamation Phase 1 Project; and WHEREAS, the selection of Dudley Construction is being recommended as the lowest responsible bidder for the construction services related to the Water Reclamation Phase 1 . Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: PART2: PART3: PART4: That the City Council hereby finds that Dudley Construction Ltd. is the lowest responsible bidder. That the City Council hereby approves the contract with Dudley Construction Ltd . for$ 2,122,819.10 for the labor, materials and equipment required for the improvements related the Water Reclamation . Phase 1 Project. That the funding for this Contract shall be as budgeted from the Water Capital Project Fund, in the amount of $ 2,122,819.10. That this resolution shall take effect immediately from and after its passage. ADOPTEDthis ____ dayof ____________ ,A.D.2010. ATTEST: APPROVED: City Secretary MAYOR APPROVED: Ouhlt~d City Attorney 159 CnYOl'Couic:mSTA110N ITKM OTY UN IT DESCRIPTION BASE BID Traffic Control, complete in place, in full accordance with the I I LS Technical Specifications Mobilization, complete and in place, in full accordance with the 2 I LS Technical Specifications. Removal of Elristing Concrete Curb and Gutter, complete and in place, in full accordance with the Technical Specifications and as 3 17 LF shown on the Construction Drawings Clearing and Gmbbing, complete and in place, in full accordance 4 I AC with the Technical Specifications Erosion and Sediment Control, complete and in place, in full 5 I LS accordance with the Technical Specifications Trench Safety, complete and in place, in full accordance with the 6 I 1,300 LF Technical Specifications Boring, Jacking, Tunneling and Encasement -I 2-inch PVC pipe A WWA C-900 reclaimed waterline. bored and jacked in 20-inch steel casing, complete and in place, in full accordance with the Technical Specifications and as shown on the Constmction 7 1,030 LF Drawings Boring, Jacking, Tunneling and Encasement -12-inch PVC pipe A WW A C-900 reclaimed waterline, bored and jacked, complete and in place, in full accordance with the Technical Specifications 8 1,020 LF and as shown on the Construction Drawings Hydro-Mulch Seeding, complete and in place, in full accordance with the Technical Specifications and as shown on the 9 JO AC Construction Drawings Water Main Construction -12-inch DIP pipe reclaimed waterline, open cut. complete in place, including all fittings, .in full accordance with the Technical Specifications and as shown on the JO 70 LF Constmction Drawings Water Main Construction -6-inch PVC pipe A WW A C-900 reclaimed waterline, open cut, complete in place, including all fittings, in full accordance with the Technical Specifications and as II 5 LF shown on the Construction Drawings Water Main Construction -I 2-inch PVD pipe AWW A C-900 reclaimed waterline, open cut, complete in place, including all fittings, in full accordance with the Technical Specifications and as 12 11,170 LF shown on the Construction Drawings Main Line Valves -6-inch gate valve and box, complete in place, in full accordance with the Technical Specifications and as shown 13 I EA on the Construction Drawings Main Line Valves -I 2-inch gate valve and box, complete in place, in full accordance with the Technical Specifications and as shown 14 7 EA on the Construction Drawillgs City of College Station -Purchasing Division Bid Tabulation for #10-87 "Water Reclamation Phase I" Open Date: Friday, September 17, 2010 @ 2:00 p.m. Dudley Construction Ltd. R&B Group, Inc. IColl..,o Station, TXI IHouston TX) TOTAL TOTAL lJNITPRICE PRICE UNIT PRICE PRICK $4,200.00 $4,200.00 $6,116.00 $6,J 16.00 $38,000.00 $38,000.00 $258,000.00 $258,000.00 $10.J I $171.87 $30.00 $5 10.00 $5,158.36 $5,158.36 $10,730.00 $10,730.00 $7,719.64 $7,719.64 $10,730.00 $10,730.00 $1.26 $14,238.00 NIA $1 ,212.00 $225.69 $232,460. 70 $210.00 $2 I 6,300.00 $84.04 $85,720.80 $138.00 $140,760.00 $1 ,404.22 $14,042.20 $1,610.00 $16,10000 $68.97 $4,827.90 $75.00 $5,250.00 $169.55 $847.75 $75.00 $375.00 $29.76 $332,4 I 9.20 $48.50 $54 I ,745.00 $814.68 $814.68 $644.00 $644.00 $1 ,998.00 $13,986.00 $1 ,932.00 $13,524.00 Paga 11J~ 1 Dou&htie Construction Co., Bryan Construction Company Inc. Craven• Servlcea, Inc. IBrvan, TX) IHuntsvillo, TX) (Hoa1ton, TX) TOTAL TOTAL TOTAL UNIT PRICE PRICE lJNIT PRICE PRICE UNIT PRICE PRICE $2,100.00 $2,100.00 $5,500.00 $5,500.00 $1,630.00 $1,630.00 $140,400.00 $140,400.00 $117,292.00 $1 17,292.00 $79,000.00 $79,000.00 $24.00 $408.00 $17.00 $289.00 $15.00 $255.00 $8,300.00 $8,300.00 $9,500.00 $9,500.00 $15,200.00 $15,200.00 $7,300.00 $7,300.00 $29,547.00 $29,547.00 $10,870.00 $10,870.00 NIA $1 I ,865.00 NIA SI 1,300.00 NIA $1,130.00 $267.00 $275,010.00 $260.00 $267,800.00 $246.50 $253,895.00 $89.00 $90,780.00 $125.00 $127,500.00 $149.70 $152,694.00 $1,55000 $15,500.00 $2,150.00 $2 1,500.00 $1 ,500.00 $15,000.00 $64.00 $4,480.00 $87.00 $6,090.00 $78.00 $5,460.00 $20.00 $100.00 $165.00 $825.00 $74.00 $370.00 $34.40 $384,248.00 $38.85 $433,954.50 $30.70 $342,919.00 $650.00 $650.00 $800.00 $800.00 $730.00 $730.00 $1 ,850.00 $12,950.00 $1,995.00 $13,965.00 $1,885.00 $13,195.00 ITKM OTY UNIT DESCRIPTION Main Line Valves -2-inch air release valve, complete in place, in full accordance with the Technical Specifications and as shown on 15 10 EA the Construction Drawings Connection of New Lines to Existing Manholes, complete in place, in full accordance with the Technical Specifications and as shown 16 I EA on the Construction Drawings Tree and Plant Protection/Removal, complete in place, in full 17 1 LS accordance with the Technical Specifications Connection of 12-inch PVC pipe AWWA C-900 reclaimed waterline to Carters Creek Wastewater Treatment Plant Improvements, complete in place, in fu ll accordance with the Technical Specifications and as shown on the Constmction 18 I EA Drawings Carters Creek Wastewater Treatment Plant Improvements, complete in place, in full accordance with the Technical Specifications and as shown on the Construction Drawings, 19 I LS excluding Base Bid Items 1-18 and 20-22. Connection of 12-inch PVC pipe AWWA C-900 reclaimed waterline to Pre-Stressed Concrete Ground Storage Tank, complete in place, in full accordance with the Technical Specifications and 20 I EA as shown on the Construction Drawings Pre-Stressed Concrete Ground Storage Tank. complete in place, in full accordance with the Technical Specifications and as shown on 21 I LS the Construction Drawings Veteran's Park Improvements, complete in place, in full accordanc< with the Technical Specificati ons and as shown on the 22 I LS Construction Drawings, excluding Base Bid Items 1-21 Allowance for Guy Wire relocation, if required. See City of College Station Standard Form of Construction Agreement for 23 1 LS provision on use of allowances. TOTAL BASE BID Manuracturer or Ground Storage Tonk (Bid Hem No. 21) Certification or Bid Acknowledged Addendums Bid Bond NOTES: »Doughtie Construction Co. Inc. City of College Station -Purchasing Division Bid Tabulation for #10-87 "Water Reclamation Phase I" Open Date: Friday, September 17, 2010 @ 2:00 p.m. Dudley Construction Ltd. R&B Group, Inc. (Colle20 Stotion, TX) IHouslon, TX) TOTAL TOTAL UNIT PRICK PRICK UNIT PRIC•: PRICE . $2,200.00 $22,000.00 $2,039.00 $20,390.00 $1,200.00 $1,200.00 $500.00 $500.00 $'!,500.00 $1,500.00 $1,610.00 $1,610.00 $3,000.00 $3,000.00 $500.00 $500.00 $303,691.00 $303,691.00 $280.000.00 $280,000.00 $8,880.00 $8,880.00 $1,000.00 $1,000.00 $565,700.00 $565.700.00 $540,000.00 $540,000.00 $457,241.00 $457,241.00 $540,000.00 $540,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,122,819.10 $2,610,996.00 Nnteun Corp. Nnteun Corp. .;' .;' .;' .;' .;' .;' Bidder miscalculated the Total Base Bid as $2,613,527.50. Tiie highlighted total above is correct. Doui:htie Construction Co., Bryan Con truction Company Inc. Crnen Services, Inc. !Brvon, TX) IHuotsville, TXl IHoulloo, TXl TOTAL TOTAL TOTAL UNIT PRICE PRICK UNIT PRICE PRICE UNIT PRICE PRICE $2,100.00 $21 ,000.00 $2,885.00 $28,850.00 $2,815.00 $28,150.00 $1,500.00 $1,500.00 $850.00 $850.00 $940.00 $940.00 $1,030.00 $1,030.00 $1,875.00 $1,875.00 $2,700.00 $2,700.00 - $1,200.00 $1,200.00 $1,550.00 $1,550.00 $10,570.00 $10,570.00 $297,760.00 $297 ,760.00 $363,815.00 $363,815.00 $562,000.00 $562,000.00 $3,800.00 $3,800.00 $11,255.00 $11,255.00 $8, 140.00 $8,140.00 $600,000.00 $600,000.00 $590,700.00 $590,700.00 $630,000.00 $630,000.00 $490,500.00 $490.500.00 $568,770.00 $568,770.00 $5 I 8,000.00 $5 I 8,000.00 $5,000.00 $5.000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,375,881.00 $2,618,527.50 $2,657,848.00 Did not selecl Mre. on bid sheet but did submit Nateun Corp. e:s.perienre Nnt~un Corp. info. Nate:un Corp. .;' .;' .;' .;' .;' .;' .;' .;' .;' Guseman: Martell: Cashion: Ruffino: Kolbe: Smith: Water Reclamation and Un-named Bicycle and Pedestrian Project Final Cost Breakdown (27-July-2010) Greenways Cost $1,383.50 $5,067.50 $43,319.00 $117,186.50 $0.00 Total Land Cost $2,666.00 $8,190.00 $43,400.00 $119,350.00 $31,413.00 Water and Greenways are splitting the appraised easement cost and Greenways is paying the damages to the remainder property. Water and Greenways are splitting the appraised easement cost and Greenways is paying the damages to the remainder property. Water is paying half of the appraised easement cost. Greenways is paying the remainder based on a negotiated $3,500/acre. Water is paying half of the appraised easement cost. Greenways is paying the remainder based on a negotiated $3,500/acre. Water is paying the full easement cost as it will only be a PUE. The negotiated purchase price is full market value plus fencing cost. Water is paying half of the appraised easement cost. Parks is paying for 12.344 acres of non-encumbered non-flood plain at $4,500/acre. Greenways is paying the remainder based on a negotiated $2,800/acre for encumbered property and $4,500/aue tor the remainder. Appraisal Cost: $12,000.00 -$6,000.00 paid by Water and $6,000.00 paid by Greenways Phase I ESA Cost: $6,988.88 -paid by Greenways for Cashion, Ruffino and Smith tracts Ruffino Surveying: $2,450.00 -paid by Greenways Smith Surveying: $11,733.75 -paid by Greenways The construction contract is going to Council for approval on October 14th. Construction will start· by the first_of December and the schedule for construction is 270 calendar days from the Notice to Proceed. let me know if you need anything else. This project wtH deliver treated effluent (wastewater) from the Carters Creek Wastewater Treatment Plant (off of North Forest Parkway) to Veteran's Park (btw-Harvey and University) in an effort to conserve potable water that is currently being used for irrigation purposes in the park. The project includes a pump station at the treatment plant, a 12" -reclaimed water pipeline from Carter's Creek Wastewater Treatment Plant to Veteran's Park, and a ground storage tank at the park. ~'ti\YUA.cl\~ • Dec -i10 cL~. s~ /fill, UJl\ Notes: Guseman: Martell: Cashion: Ruffino: Kolbe: Smith: Appraisal Cost: Water Reclamation and Un-named Bicycle and Pe dest rian Project Cost Breakdown as of 1-July-2010 Total Land Cost $2,666.00 $8,190.00 $43,400.00 * Under contract. Going to Council on 8-July-2010. Closing costs are estimated. Water and Greenways are splitting the appraised easement cost and Greenways is paying the damages to the remainder property. Water and Greenways are splitting the appraised easement cost and Greenways is paying the damages to the remainder property. Water is paying half of the appraised easement cost. Greenways is paying the remainder based on a negotiated $3,500/acre. Water is paying half of the appraised easement cost. Greenways is paying the remainder based on a negotiated $3,500/acre. Water is paying the full easement cost as it will only be a PUE. The negotiated purchase price is full market value plus fencing cost. Water is paying half of the appraised easement cost. Parks is paying for 12.344 acres of non-encumbered non-flood plain at $4,500/acre. Greenways is paying the remainder based on a negotiated $2,800/acre for encumbered property and $4,500/acre for the remainder. $12,000 -$6,000 paid by Water and $6,000 paid by Greenways Phase I ESA Cost: $7,000 -to be paid by Greenways for Cashion, Ruffino and Smith tracts 1,ooo (p I 000 4,~44 ~~1, z.01 - • ... Notes: Guseman: Martell: Cashion: Ruffino: Kolbe: Smith: Water Reclamation and Un-named Bicycle and Pedestrian Project Cost Breakdown Green ways Estimated Closing Costs Total Cost $0.00 $6,061.00 *The purchase price for this tract is estimated. The Water Cost should remain the same, but the Greenways Cost may change. Water and Greenways are splitting the appraised easement cost and Greenways is paying the damages to the remainder property. Water and Greenways are splitting the appraised easement cost and Greenways is paying the damages to the remainder property. Water is paying half of the appraised easement cost. Greenways is paying the remainder based on a negotiated $3,500/acre. Water is paying half of the appraised easement cost. Greenways is paying the remainder based on a negotiated $3,500/acre. Water is paying the full easement cost as it will only be a PUE. The negotiated purchase price is full market value plus fencing cost. Water is paying half of the appraised easement cost. Parks is paying for 12.344 acres of non-encumbered non-flood plain at $4,500/acre. Greenways is paying the remainder based on a negotiated $2,800/acre for encuml:-0•0~ nrnnor+" =>nn <:4 _c;nnfacre for the remainder. Appraisal Cost: $12,000 -$6,000 paid by Water and $6,000 paid by Greenways 20th Anniversary SCAUG Conference~ Fort Worth, Texas· March 29-April 2, 2010 3~--thl~ ~. Phase I ESA Cost: $7,000 -to be paid by Greenways for Cashion, Ruffino and Smith tracts --------{J As~s . date project page -'------------------------~----1--------·-·--···----··-·--·-------·---·-------·----·-·--------·-·--·---·---··---------· [A)··-------··-··--··----·------··-----·--·-·-----·--·----··-·--·---· =~=-~=-=~~~-~=--~-~-==~~-~==~=---=~----== =-~=~-~\_ ~ ~~·--·-----·------·----·--··-- ----·--·-----------·---·---·--·-------------------·------~-~-----------------·---·- -----·--------------··--·-------·-·---·-----·---------------------·-·---------~--------·--·---·--·--------------· ==-~====~====~-====:--:==~=-~=====----==:~~~$~ _E_~g_@'.J_= - ·----------···-··--·---··-··---···-··-------·-·· --·-r\:Qfr_. -~ MM\ .-·------·-··-·--·--·--·--·--· ·--·---···----·-··--·--··-·----· -~-~~~::~~::~-:::_: ____ i;.._=:~=--===:=:~-=:::~==~~:-=~~~==~~=~~=-~-=~-==~-=: -···-· ·----~ ·--··-·-···· ··-·-·- task list: j Water Reclamation Project and Un-named Bicycle and Pedestrian Project Water Reclamation and Un-named Bicyle and Pedestrian Project -· Public Utility Easement Cost vs. Access and Landscape Easement Cost Tract Guseman Martell Cashion Ruffino Kolbe Jones Smith Total PUE Cost $81 $2,164 $14,057 $7,532 $18.086 $41,919 Public Access and Landscape Easement Cost (includes damages} $81 $3,036 $0 $0 $43.493 $46,610 Total Cost $0 $0 $162 $5,199 $14,057 $7,532 $61.580 $88,529 10/23/2008) Venessa Garza -Request for Information -Property owners who~ be affected by the Reclaimed Water FR'a{JH:t1 From: To: Date: Subject: Water Project Attachments: Greetings, Mark McAuliffe Bearrow, Gene; Coleman, David; Crabb, Timothy; Davis, Weldon; Garza, ... 10/23/2008 2:27 PM Request for Information -Property owners who may be affected by the Reclaimed Reclaimed Water Project -Possible Owners to be Affected.pdf You all probably know that the Water Services Dept is beginning a pipeline project that will extend from Carters Creek WWTP, north to Veterans Park. The corridor will adjoin the east side of the Gulf States Utilities electric corridor, cross SH 30 and adjoin _ ,,,j Harvey Road/ SH 30 until it reaches the park. Stft-~ ~;{..~t.J:vv'"'"J_yJP~ - The purpose of this message is to request any information you have on the owners listed in the attached document. If you have recently purchased easements or lands, then please reply with their contact information and any advice in negotiations. If you are in thick of negotiations and would prefer that I wait a few weeks, then I totally understand and will be happy to comply. To my recollection, the Electric Dept has crossed several of the lands and the Greenways Manager has been in contact with at least one. Your help is very much appreciated. The favor of your reply is requested by Monday at noon. Sincerely, Mark McAuliffe, Land Agent Capital Projects Department City of College Station, Texas, USA 979/764-6272 * 979/229-3405 (Cell) Landowners that may be affected by the Reclaimed Water Project From Carters Creek WWTP to Veterans Park Information from Brazos County Appraisal District Tax ID R13277 R303883 R13187 R38596 R13203 R13271 R9835 1 R118599 R13188 R10568 R10548 Current Owner Guseman, Lawrence F, Ill Guseman, Grant A City of College Station Carters Crossing Park Martell Childrens Trust City of Co llege Station Raintree Park Carpenter, H Dale and Linda S Cash ion, Shelley J, Trustee Ruffino, LI & Kitti Ko lbe, C Carl & Jeanne Jones, Charles Bet al Smith, Richard A Highway 30 Partnership Alfred A Martin & Sudhir D. Patel Regency Parkway Inc Mark McAuliffe, Land Agent Thursday, Oct ober 23, 2008 Legal Description 15.679 acres, M organ Rector League, A-46 5.013 acres, Morgan Rector League, A-46 7.34 acres, Morgan Rector League, A-46 20.69 acres, Morgan Rector League, A-46 13 acres, Morgan Rector League, A-46 3.05 acres, Rai ntree #5, Block 1, Lot 1 (Replat) 12.39 acres, Morgan Rector League, A-46 34.29 acres, Morgan Rector League, A-46 23.75 acres, Morgan Rector League, A-46 12.47 acres, Morgan Rector League, A-46 77.62 acres, Morgan Rector League, A-46 23.961 acres, Morgan Rector League, A-46 58 .59 acres, Richard Carter League, A-8 RESOLUTION NO. ------- RESOLUTION DETERMINING NEED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT-OF- WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR AN AUTHORIZED PUBLIC PURPOSE AND USE, SAME BEING THE CONSTRUCTION, MAINTENANCE AND OPERATION OFF-GR: THE WATER RECLAMATION PROJECT AND THE CONSTRUCTION, MAINTENANCE AND OPERATION OF PEDESTRIAN AND BIKE WAYS; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City owns, operates, constructs, repairs and maintains a city water and wastewater system as a public service; and WHEREAS, the City owns, operates, constructs, repairs and maintains a system of pedestrian ways and bikeways as a public service; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city water and wastewater system and the pedestrian and bikeway system is a benefit to the public; and WHEREAS , the City, through a condemnation proceeding, may exercise the power of erninent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its water and wastewater system and its pedestrian and bikeway system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article II of the City's Charter; and WHEREAS , the City is engaged in the following project regarding installation and improvements to an irrigation water system between Carters Creek Wastewater Treatment Plant and Veterans Park, including the construction, maintenance and operationinstallation of a reclaimed water irrigation line and related water utility infrastructure, facilities, and improvements and other public utilities, Water Reclamation Project (refened to co ll ectively with pedestrian and bikeways system described hereinbelow as the "Project"); and RESOLUTION NO. PAGE2 ---- WHEREAS, the City is engaged in the development of a pedestrian and bikeway system pursuant to it adopted 2004 Pedestrian and Bikeways Plan, including the construction, maintenance and operation pedestrian ways and bikeways and associated facilities; and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City complete the Project, through the City's acquisition, by purchase or condemnation proceeding, of the right-of- way and easements as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Right-of-Way and Easements"); now, therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: PART 1: PART 2: PART 3: PART4: PART 5: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the Right-of-Way and Easements, and the public welfare and convenience will be served by the acquisition of the Right-of-Way and Easements. That the City Manager is hereby authorized to contract, on behalf of the City of College Station, with a professional appraiser for the appraisal services, with a professional real estate agent to act as a Land Agent for the City and with attorneys for preparation of title opinions needed by the City from time to time in connection with acquisition of the Right-of-Way and Easements. That the City's Land Agent or other staff appraiser is hereby authorized and directed to examine the independent appraisal reports .as they are submitted to the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Right-of-Way and Easements. After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Right- of-Way and Easements. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Right-of-Way and Easements, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the property owners for the acquisition of RESOLUTION NO. PAGE3 PART 6: PART 7: PART 8: PART 9: ---- such interest at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf of the City. That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Right-of-Way and Easements for the Project, on behalf of the City of College Station. That, if necessary, and should a property owner fail to accept a bona fide, good faith offer from the City to purchase the required Right-of-Way and Easements, City representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding such property. That the City Manager be and is hereby authorized to sell any such surplus improvements, or order the demolition thereof, if any, located on the real property acquired in connection with this Project. That this resolution shall take effect immediately from and after its passage. ADOPTED this ___ day of ___________ , A.D. 200=9-. ATTEST: APPROVED: City Secretary MAYOR APPROVED: City Attorney RESOLUTION NO. PAGE4 ---- EXHIBIT "A" TO RESOLUTION DETERMINING NEED Being a fifty foot (50') wide strip of Permanent Public Utility Easements extending along and across the following tracts of land, the alignment of said easements being generally depicted by the attached project map. Tax ID R13277 R303883 R13187 R38596 R13203 R13271 R98351 Property Owner (current of former) Guseman, Lawrence F, III Guseman, Grant A City of College Station Carters Crossing Park Martell Childrens Trust City of College Station Raintree Park Carpenter, H Dale and Linda S Cashion, Shelley J, Trustee Ruffino, LJ & Kitti Kolbe, C Carl & Jeanne Legal Description & Deed Reference (Brazos County Official Records) 15.679 acres, Morgan Rector League, A-46 Volume 8617 Page 87 5. 013 acres, Morgan Rector League, A-46 Volume 8617 Page 69 7 .34 acres, Morgan Rector League, A-46 Volume 8179 Page 114 20.69 acres, Morgan Rector League, A-46 Volume 591 Page 18 13 acres, Morgan Rector League, A-46 Volume 527 Pages 80 & 83 3.05 acres, Raintree #5, Block 1, Lot 1 (Replat) Volume 1206 Page 811 12.39 acres, Morgan Rector League, A-46 Volume 3559 Page 269 34.29 acres, Morgan Rector League, A-46 Volume 508 Page 418 23.75 acres, Morgan Rector League, A-46 Volume 2558 Page 133 Volume 3213 Page 335 RESOLUTION NO. PAGES ---- Rl 18599 Jones, Charles B et al R13188 Smith, Richard A 12.47 acres, Morgan Rector League, A-46 Volume 8488 Page 248 77.62 acres, Morgan Rector League, A-46 Volume 328 Page 75 Volume 360 Pages 336 & 338 Being a thirty foot (30 ') wide strip of Permanent Public Utility Easements extending along and across the following tracts of land, the alignment of said easements being generally depicted by the attached project map. R13188 R10568 R10548 R10551 Smith, Richard A 77.62 acres, Morgan Rector League, A-46 Volume 328 Page 75 Volume 360 Pages 336 & 338 Highway 30 Partnership 23 .961 acres, Morgan Rector Alfred A Martin & Sudhir D. Patel League, A-46 Regency Parkway Inc The Summit Crossing, LLC Volume 2108 Page 150 58 .59 acres, Richard Carter League, A-8 Volume 1219 Page 287 17.2 acres, Richard Carter League, A-8 Volume 8491 , Page 52 • c__,......-- s c May 11, 2010 Eng11wenng & Envrmnmental Consultants. Inc Mr. Mark McAuliffe Land Agent City of College Station P.O. Box 9960 1101 Texas A venue College Station, TX 77842 Re: Proposal to Conduct a Phase I Environmental Site Assessment (ESA) for the Thre~ (3) Properties Shelley J. Cashion Property ( 17 .83 acres); L. J. Ruffino Property (34.29 acres); and Richard Smith Property (77.62 acres) In Connection With the Proposed Reclaimed Water Line Project Between North Forest Parkway and Harvey Road (FM 30); College Station, Texas Dear Mr. McAuliffe: CSC Engineering & Environmental Consultants, Inc. (CSC) is pleased to submit this proposal to the City of College Station (City) to perform a Phase I Environmental Site Assessment (ESA) for the three (3) tracts of real property that have the following designations and areas: 1. Shelley J. Cashion Property (I 7.83 acres); 2. L. J. Ruffino Property (34.29 acres); and 3. Richard Smith Property (77.62 acres). The three (3) listed properties are hereinafter collectively referred to as the subject property, subject properties, or subject tracts. All of the properties are located along the route of the proposed City of College Station reclaimed water line between the Carters Creek Wastewater Treatment Plant near the end of North Forrest Parkway and Harvey Road or SH 30 in College Station, Texas. We understand that the City will be CSC's client for this project and have hereinafter referred to the City as Client in the remaining portions of this proposal. This proposal was requested by Mr. Mark McAuliffe, Land Agent of the City, in an e-mail communication of April 29, 2010 and at a meeting at the City's offices on May 3, 2010. The properties that are the subject of the proposed Phase I ESA are described in the following section of this proposal and the tasks associated with the Phase I ESA and the related costs are presented in the subsequent sections of this proposal for your consideration. Project Information Information concerning the subject property was provided to CSC in a map of the properties along the route of the proposed reclaimed water line that was provided to CSC by the City at the previously 3407 Tabor Road Bryan, Texas 77808 Phone (979) 778-2810 Fax (979) 778-0820 Mr. Mark McAuliffe, Land Agent City of College Station; Capital Projects Department Proposal to Perform Phase I ESA for Three (3) Properties Associated With the Reclaimed Water Line North Forest Parkway to Harvey Road (SH 30); College Station; Brazos County, Texas Page 2 referenced meeting. CSC also obtained information concerning the subject properties from the records of the Brazos County Appraisal District (BCAD). Property Description Two (2) of the previously referenced properties (the Ruffino Tract and the Smith Tract) are situated on the northeastern side of the proposed reclaimed water line alignment and the third tract (the Cashion Tract) is situated on the southwestern side of the proposed alignment. The three (3) properties collectively extend over an area of 129.74 acres or approximately 130 acres. All three (3) of the properties appear to be unoccupied and undeveloped. The major portion of the properties, and in particular the Cashion and Ruffino Tracts as well as the northeastern portion of the Smith Tract, are covered by thick vegetation. Access to all areas of each site will be hampered by the presence of tall trees and thick underbrush. Purpose ofESA CSC understands that the previously described properties are the subjects of proposed real estate transactions. The general purpose of the proposed ESA is to provide an assessment of the property with respect to possible environmental impacts associated with past or present waste disposal activities, or with the transportation, handling, storage, or treatment of hazardous chemicals or petroleum substances either on the subject property or in the areas immediately surrounding the subject property. As subsequently discussed, the work effort outlined in this proposal is stated in the American Society for Testing and Materials' (ASTM) "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, ASTM Designation E 1527-05." That document was promulgated to "define good commercial and customary practice in the United States of America for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and petroleum products." The performance of a Phase I ESA under the ASTM guidelines is intended to "permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA liability" in that the practices involved in the Phase I ESA constitute "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice." General Scope of Work CSC proposes to conduct the Phase I ESA of the property in general accordance with the procedures and standards set forth in the previously referenced ASTM E 1527-05. The general objective of the Phase I ESA as stated in the ASTM standard is "to identify, to the extent feasible ... recognized environmental conditions in connection with the property." This objective is accomplished through the following four components of the Phase I ESA. (1) A review of records pertaining to environmental conditions on the subject and adjacent properties, including an electronic review of standard environmental record CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. Mr. Mark McAuliffe, Land Agent City of College Station; Capital Projects Department Proposal to Perform Phase I ESA for Three (3) Properties Associated With the Reclaimed Water Line North Forest Parkway to Harvey Road (SH 30); College Station; Brazos County, Texas Page 3 sources pertaining to waste generators, disposal sites, underground storage tanks (USTs), and reported CERCLA hazardous substance releases or spills; (2) A site reconnaissance of the subject property by an environmental professional with observations of the adjoining properties; (3) Interviews with current and former owner(s) and occupant(s) of the property, and local government officials; and (4) An evaluation of the information collected and reviewed, and presentation of that evaluation in a written report, which constitutes the work product for the project. It should be noted that the conventional Phase I ESA is limited to the potential environmental impact from existing or prior process and waste management operations. The study will not address ancillary issues related to future site development of the property, such as the delineation of specific wetland areas or waters of the United States, delineation of endangered and threatened species or their critical habitat, or identification of cultural or historical resources. In addition, if any structures exist on the subject property, the proposed Phase I ESA will not investigate the presence of asbestos-containing building materials (ACBMs), the existence of mold within buildings, the presence of lead-based paints in the buildings, or any issues of lead within the water supply system at the subject property. Specific Scope of Work The record review comprises the first component of the Phase I ESA and includes a search of two types of records: (1) standard environmental record sources; and (2) historical use records. The standard environmental records include the following on the federal and state level: -Federal National Priority List (NPL) Site List -Federal Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) List -Federal Resource Conservation and Recovery Act (RCRA) Corrective Action Report (CORRACTS) Transportation, Storage and Disposal (TSD) Facilities List -Federal RCRA and non-CORRACTS TSD facilities list -Federal Emergency Response Notification System (ERNS) list State lists of hazardous waste sites identified for investigation or remediation State-equivalent NPL State-equivalent CERCLIS State landfill and/or solid waste disposal site lists State Leaking Underground Storage Tank (LUST) lists State registered Underground Storage Tank (UST) lists Local records, such as emergency release or spill reports, EPCRA hazardous chemical inventory forms (Tier I and Tier II forms), and toxic chemical release inventory forms, are also typically reviewed. The historical records reviewed typically consist of some of the following documents: aerial photographs, fue insurance maps, property tax files, USGS topographic maps, local street directories, building department records, and zoning/land use records. The ASTM standards require that only one of these historical record sources be searched. Although not specifically included within the scope of this CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. Mr. Mark McAuliffe, Land Agent City of College Station; Capital Projects Department Proposal to Perform Phase I ESA for Three (3) Properties Associated With the Reclaimed Water Line North Forest Parkway to Harvey Road (SH 30); College Station; Brazos County, Texas Page 4 proposal, another possible source of historical documents is the recorded land title records, with the results of the search being customarily presented as an abstract of title document. The second component of the Phase I ESA consists of the site reconnaissance or site visit. CSC has assumed that a representative of the Client will grant or w.ill obtain permission for CSC's entry onto the property to conduct the site reconnaissance. The objective of the site reconnaissance is to observe surface conditions on the subject property that might be indicative of recognized environmental conditions in connection with the property. During the site visit, we will visually and physically observe the property and any structure(s) located on the property. Our observations will include the following items, among others: obvious indications of current and past use(s) of the property; current and past use(s) of adjoining properties; current and past use(s) of the surrounding area; geologic, hydrogeologic, and topographic conditions; a general description of any structure(s) on the subject property; roads; source of water supply; source of sewage disposal; obvious indications of the possible presence of hazardous substances and petroleum products in connection with identified users; storage tanks; odors; pools of liquid; drums or other containers which might have been used for hazardous substances and petroleum products; and electrical transformers or other equipment which might have contained polychlorinated biphenyls (PCBs). The third component of the Phase I ESA consists of interviews with current and past owners and occupants of the subject property. The objective of the interviews is to obtain information indicating recognized environmental conditions in connection with the subject property. We anticipate that either the Client or a representative of the Client will assist CSC in identifying the names of the individuals and/or companies that have either owned or leased the subject property in the immediate past. We have also assumed that the client will assist CSC in obtaining an interview with the current and past owners and any current occupants of the subject property. The interviews will attempt to obtain information concerning the condition and uses of the property, whether any documents (such as environmental permits, audit reports, geotechnical studies, etc.) exist concerning the condition or use of the property, and whether there are any proceedings concerning the property which are relevant to hazardous substances or petroleum products at, on, or emanating from the property. The fourth and last component of the Phase I ESA consists of the evaluation of information collected for the first three components and the preparation of a report. The written report will document all steps taken and will provide a finding of either "no evidence of recognized environmental conditions in connection with the property," or "no evidence of recognized environmental conditions in connection with the property, except for the following: .... " In the case of the latter finding when there are major "exceptions," a recommendation will be made outlining the need for a Phase II ESA. The report and work associated with this Phase I ESA are being prepared for the exclusive use of CSC's Client. Findings presented in the report may not be relied upon by third parties without the express written permission of the Client and CSC. Standard Terms and Conditions CSC proposes to perform the previously defined scope of services in conformity with the Terms and Conditions for Professional Services (hereinafter Terms) included as Attachment I to this proposal. CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. Mr. Mark McAuliffe, Land Agent City of College Station; Capital Projects Department Proposal to Perform Phase I ESA for Three (3) Properties Associated With the Reclaimed Water Line North Forest Parkway to Harvey Road (SH 30); College Station; Brazos County, Texas Page 5 Estimated Fees The cost of CSC's services wi ll be invoiced on a time-and-materials basis in accordance with the fee schedules listed in Appendices A and B. CSC estimates that the total project cost will be in the range of · $6,500 to $7,000, with a not-to-exceed cost of$7,000. Projected Schedule CSC anticipates that the re search and field work required as part of this Phase I ESA and the preparation of a report documenting that work can be completed within 13 to 15 working days following acceptance of this proposal. The estimated completion time assumes that there will be no difficulties or delays in accessing the properties or setting up interviews with current and former property owner(s), if any. As previously indicated, CSC has assumed that the Client will obtain permission for CSC to enter the properties and to conduct the site reconnaissance and that his firm will also assist CSC in locating current and former owner(s) and "user(s)" of the properties and in obtaining interviews with the identified parties. Proposal Acceptance If you are satisfied that the professional services, scope of work, work product, and associated fees presented in this proposal correctly reflect our mutual understanding of the project work tasks, please sign the Proposal Acceptance Sheet immediately following the Terms or alternately, issue a purchase order for the outlined scope of work. When the agreement is signed or the purchase order issued, this letter and the attachments will represent an agreement of services in accordance with the provisions set forth in the Terms. Any changes to the conditions or scope of work as stated in this proposal will be presented in writing. When acknowledged, such changes will then become part of the proposal and thus, this agreement. CSC will begin work on the project immediately following execution of the contract and your authorization to proceed. On behalf of CSC, we thank you for the opportunity to submit this proposal to the City. CSC is looking forward to working with you on this project. If you have any questions regarding the services or terms set forth in this proposal, please call us at (979) 778-2810. Kindest regards, M. Frederick Conlin, Jr., P.E. Senior Engineer MFC: mf Attachments Via e-mail [MMcAuliffe@cstx.gov] Nick Taylor, E.I.T. Project Engineer CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS , INC. ATTACHMENT I Terms and Conditions for Professional Services CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS , INC. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES 1. SERVICF..S TO BE PROVIDED. CSC is an independent oonsultant and agrees to provide Client, for its sole benefit and exclusive use. consulting services set fonh in our proposa1. The labor and expenses costs listed in the proposal are based upon the unit labor rates listed in Appendix A and the unit expense costs listed in Appendix B. 2. PAYMENT TERMS. Client agrees to pay our invoice upon receipt. lf payment is not received within 30 days from the invoice date, Client agrees to pay a service charge on the past due amount at the prevailing legal rate, including reasonable attorney's fees, if collected through an attorney. No deduction shall be made from our invoice on account of liquidated damages or other sums withheld from payments to contractors or others. 3. STANDARD OF CARE. CSC will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INfENDED BY OUR PROPOSAL OR BY OUR ORAL OR WRJTIEN REPORTS. 4. INSURANCE. CSC maintains insurance coverage as follows: (a) Worker's Compensation Insurance -statutory. (b) Employer's Liability lnsurance-Sl,000,000. (c) Comprehensive General Liability Insurance-Sl,OOO,OOO/S2,000,000. (cf) Automobile Liability Insurance -SI ,000,000/$2,000,000. 5. PROFESSIONAL LIABl"UTY. Client agrees that CSC's liability to Client or any third party due to any negligent professional acts, errors or omis.sions or breach of contract will be limited to an aggregate of $10,000 or our total fee, whichever is greater. If Client prefers to have higher limits of professional liability, we agree to increase the limit up 10 a maximum of $1,000,000 upon Client's written request at the time of accepting our proposal, providing that Client agrees to pay an additional consideration of ten percent of our total fee, or $500, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed by us and is not a charge for additional professional liability insurance. 6. CONSEQUENTIAL DAMAGES. Neither Consultant nor Client shall be liable to the other for any consequential or incidental damages arising as a result of this Agreement, including, but not limited to, los.s of use or Joss of profit. 7. SITE OPERATIONS. Client will arrange for right-of-entry to the property for the purpose of performing studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site. CSC's field personnel are trained to initiate field testing, drilling and/or sampling within a reasonable distance of each designated location. Our field personnel will avoid hazards or utilities which are visible to them at the site. lf we are advised or given data in writing that reveal the presence or potential presence of underground or overground obstructions, such as utilities, we will give special instructions to our field personnel. CSC is not responsible for any damage or losses due to undisclosed or unknown surface or subswface conditions, owned by Client or third parties. Except as a resuh of our sole negligence, Client agrees to indemnify us from any such claims, suits or losses, including reasonable attorney's fees, resulting therefrom. We will take reasonable precautions to minimize damage to the property caused by our operations. Our fee does not include any cost of restoration due to any damage which may result. If Client desires us to repair such damage. we will comply and add the cost to our fees. Field tests or boring locations described in our report or shown on sketches are based on specific information furnished by others or esrimates made in the field by our personnel. Such dimensions, depths or elevations should be considered as approximations Wliess otherwise stated in our proposal or report. 8. Fl.ELD REPRESENTATIVE. The presence of our field personnel, either full·time or pan·time, will be for the purpose of providing observation and field testing of specific aspects of the project as authorized by Client. Should a contractor, not retained by us, be involved in the project, Client will advise contractor that our services do not include supervision or direction of the actual M>rk of the contractor, his employees or agents. Client will also inform contractor that the presence of our field representative or observation or testing by us will not relieve the contractor of his responsibilities for performing the work in accordance with the plans and specifications. lf a contractor (other than a subcontractor to CSC) is involved in the project, Client agrees that, in accordance with generally accepted construction practices, the contractor will be solely and completely responsible for working conditions on the jobsite, including safety of all persons and property during performance of the work. and compliance with OSHA regulations, and that these requirements will apply continuously and not be limited to normal YJOrking hours. It is agreed that we will not be responsible for job or site safety on the project and that we do not have the duty or right to stop the M>rk of the contractor. 9. FORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered which could substantially alter the necessary services or the risks involved in completing our services. If this occurs, we will promptly notify and consult with Client, but will act based on our sole judgment where risk to our personnel is involved Possible actions could include: (a) Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, if practicable in our sole judgment; (b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; (c) Terminate the services effective on the date specified by us in writing. 10. SAMPLE DISPOSAL Test specimens or samples generally are consumed or substantially altered during testing and are disposed of immediately upon completion of tests. Drilling samples and other specimens are disposed of 30 days after submission of our report. A. NONHAZARDOUS SA1\1"PLES. At Client's written request, we will retain preservable test specimens or the residue therefrom for 30 days after submis.sion of our report free of storage charges. After the initial 30 days and upon written request, we will retain test specimens or samples for a mutually acceptable storage charge and period of time. Client agrees that we are not responsible or liable for any los.s oftest specimens or samples retained in storage. B. *HAZARDOUS OR POTENTIALLY HAZARDOUS SAM:PLF.S. ln the event that samples contain hazardous constituents, we will return such samples to Client, or using a manifest signed by Client as generator, we will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of samples. Client recognizes and agrees that we are acting as a bailee and at no time assume title to said materials. I J. *CLIE IT DISCLOSURE. Client agrees to advise us upon execution of this Agreement of any hazardous substances or any condition, known or that should be kno\.\Tl by Client, existing in, on, or near the site that present a potential danger to human health, the environment, or equipment. Client agrees to provide continuing information as it becomes available to the Client in the future. By virtue of entering into this Agreement or of providing services hereunder, we do not assume control of or responsibility for the site or the person in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment. Client agrees to notify the appropriate federal, state or local public agencies as required by law, or otherwise to disclose, in a timely manner, any information that may be necessary to prevent any danger to health, safety, or the environment 12. *ENVIRONMEI\'TAL INDEMNITY. In connection with toxic or hazardous substances or constituents, Client agrees to the maximum extent permitted by law to defend, hold harmless and indemnify CSC from and against any and all claims and liabilities, unles.s caused by our sole negligence or willful acts, resulting from: (a) Client's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of toxic or hazardous substances or constituents; (b) Client's Wldertaking of or arrangement for the handling, removal, treatment, storage, transportation or disposal of toxic or hazardous substances or constituents fC?und or identified at the site; (c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before or after the completion of services herein; (d) Allegations that CSC is a handler, genera1or, operator, treater or storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation or law. lf a third party brings suit or claim for damages against us alleging personal injwy or property damage from exposure to or release of toxic or hazardous substances or constituents at or from the project site before, during or after the services of this Agreement, Client agrees to the maximum extent permitted. by law to defend us and pay on our behalf any judgment resulting against us, including interest thereon, unles.s such damages are caused by our sole negligence. Terms Page -I CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES 13. *EQUlPM_ENT CONTAMINATION. We will endeavor to clean our laboratory and field equipment which may become contaminated in the conduct of our services. Occasionally, such equipment cannot be completely decontaminated because of the type of hazardous materials encountered. lfthis occurs, it will be necessary to dispose of the equipment in a manner similar to that indicated for hazardous samples and to charge Client as described above. Client agrees to pay the fair market value of any such equipment 14. DOCUMENTS. CSC will furnish to Client the agreed upon number of reports and supporting documents. These instruments of service are furnished for Client's use in connection with the project or work provided for in this Agreement. For any other purposes, all documents generated by us under this Agreement, shall remain the sole property of CSC. If Client desires to provide our report to a third party, we will agree provided Client obtains written acceptance from the third party to be bound by these terms and conditions. Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. Client further agrees that documents produced by CSC pursuant to th.is Agreement will not be used at any location or for any project not expressly provided for in this Agreement without our written approval. Client shall furnish documents or information reasonably within Client's control and deemed necessary by us for proper performance of our services. We may rely upon Client-provided documents in performing the services required under this Agreement; however, we assume no responsibility or liability for their accuracy. Client-provided documents will remain the property of Client The documents we furnish to Client are intended for Client's exclusive reliance and intemaJ use and not for advertising or other type of genera] distribution or publication. Client agrees to obtain our written permission for any exception. Any unauthorized use or distribution shall be at Client's sole risk and without liability to CSC. 15. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation. However, in the event a claim is made that results in litigation, and the claimant fails to prevail, then the claimant shaJJ pay all costs incurred in defending the claim, including reasonable attorney's fees. The claim will be considered proven if the judgment obtained and retained through any applicable appeal is at least ten percent greater than the sum offered to resolve the matter prior to the commencement of trial. 16. CONFIDENTIALITY. CSC will maintain as confidential any documents or information provided by Client indicated to be confidential and will not release, distribute or publish to any third party without prior permission from Client unless compelled by order of a court or regulatory body of competent jurisdiction. 17. SEVERABILITY. ln the event that any provision of this Agreement is found to be unenforceable, the other provisions shall remain in full force and effect. 18. SURVIVAL. All obligations arising prior to the termination of this Agreement and all provisions of th.is Agreement allocating responsibility or liability between Client and CSC shall survive the completion of the services and the termination of this Agreement. 19. INTEGRATION. This Agreement, the attached documents and those incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both the parties. 20. GOVERNlNG LA\V. This Agreement shall be governed in all respects by the laws of the State of Texas. •Applies only if toxic or hazardous substances or constituents are involved or encountered. Terms Page -2 CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. APPENDIX A FEE SCHEDULE OF LABOR RA TES FOR PROFESSIONAL, TECHNICAL, AND SUPPORT PERSONNEL Professional, technical, and support staff utilized for sample analyses, evaluations, studies, project planning, coordination, consultation and report preparation, and other required Client services, are billed by personnel charged directly to the project at the rate indicated below: Job Category Hourly Fee Professional Staff Principal Scientist/Engineer Senior Scientist/Engineer (Project Manager) Project Scientist/Engineer Staff Scientist/Engineer Field Scientist/Engineer CADD Personnel Senior Draftsman Project Draftsman Project Support Staff Word Processing Personnel Technical/Administrative Assistant 95 85 75 65 55 50 40 40 40 All salary schedules may be, with thirty (30) days written notice to Client, supplemented and revised from time to time to allow Consultant to attract and retain competent personnel for the performance of the work. A-I CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. APPENDIXB OFFICE COST, EXPENSES, RATE SCHEDULE, THIRD PARTY SERVICES, AND TRAVEL POLICY In addition to any other fee schedules or cost schedules appended to the Contract, the following services are reimbursable at the rate shown: I. Reproduction and Photography: a. Blueline (per square foot) .25 b. Photocopy cost (per page) .10 c. Binding-cost d. Outside reproduction work-cost plus 15% e. Special forms, printing, special engineering services, model supplies-cost plus 15% f. Photography-cost plus 15% II. Graphics: a. Labor plus per plot charge: 1. 8 1/2" x 11" print/plot 10.00 2. 11" x 17" print/plot 20.00 3. 24" x 36" print/plot 15.00 4. 36" x 48" print/plot 25.00 5. Duplicate print/plots 5.00 b. Document covers (each) 3.00 III. Communications, Shipping, and Mileage: a. Telephone (long distance conference calls}-cost plus I 5% b. Express charges and shipping charges-cost plus 15% c. Consultant vehicles-0.69 per mile IV. Business/Travel Expenses: If required for the project, business travel expenses will be in accordance with the rate listed below for mileage and for room and board. a. Mileage (personal vehicle), per mile .69 b. Rental car -cost plus 15% c. Per diem -cost plus 15% (maximum of$115 per day) This rate schedule may be, with thirty (30) days written notice to Client, revised in accordance with any and all changes in Federal/State/Local laws, ordinances, and policies, as well as changes in local labor requirements reflecting the ability of Consultant and its subcontractors, if any, to attract and maintain the necessary work force. B-1 CSC ENGINEERING & ENVIRONMENTAL CONSULTANTS, INC. PROPOSAL ACCEPTANCE SHEET FOR ENVffiONMENTAL PROJECTS Identification of Services: Phase I Environmental Site Assessment Project Name: Three Properties Associated With Proposed Reclaimed Water Line Project (-130 acres) Project Location: Between North Forest Parkway and Harvey Rd (SH 30); College Station, Texas CLIENT: Name: _ ___,C=i~ty'-=-of"--=C~o=ll=eg=e=-=S=ta=ti=o=n~;~C=a=p=ita=l~P~r~o~ie~c=ts~D=-=ce=p=ar~tm'-'=e=n~t ______________ _ Street Address or P.O. Box No.: ~P~.O~·~B_o~x_9~9~6~0 ___________________ _ City: College Station State: TX Zip Code: 77842 e-mail: MMmcAuliffe@cstx.gov Phone Number: (979) 764-6227 Facsimile Number: (979) Cellular: (979) 229-3405 Attention: Mr. Mark McAuliffe. Land Agent FOR NOTICES: Client: Name Address ___________ Phone Number ________ _ Consultant: Name CSC Engineering & Environmental Consultants, Inc. Address 3407 Tabor Road -~B~r~y~an~·~T~e~x~a~s ~77~8~0~8 __ Phone Number (979) 778-2810 FOR INVOICING: Client:. 0 Same as above. Name Address ___________ Phone Number ________ _ SPECIAL INSTRUCTIONS: ______________________ _ PROPOSAL ACCEPTANCE The Terms and Conditions of this Proposal, including the terms on this page are: Accepted this day of , 2010. Print or type individual, firm or corporate body name Signature of authorized representative Print or type name of authorized representative and title Terms Acceptance Page -I ~ o~'f\ 4\~2 -~.i --f~(S v s.r ~· ~e c{ #~ -r lt712 ~1 r--'•l 9 /) ....__-- LI~ +-f.t..o c II s c F:ngineenng & EnV1t0nmental Consultants, Inc. P.O. Box 4359 Bryan, Texas 77805-4359 Phone: (979) 778-2810 Fax: (979) 778-0820 BILL TO Mr. Mark McAuliffe, Land Agent City of College Station P.O. Box 9960 College Station, Texas 77842 DESCRIPTION PHASE I ENVIRONMENT AL SITE ASSESSMENT -THREE COCS PROPERTIES Labor Senior Scientist/Engineer Senior Draftsman Technical/ Administrative Assistant Expenses Regulatory Search Report Copying and Binding ·' Please remit to above address. Invoice DATE INVOICE# 7/2/2010 10-122 SD1CJ03 Cf 12 -q1 JI _ q75-Joco PURCHASER TERMS PROJECT 100826 Net 30 10076 QTY RATE AMOUNT 51.75 85.00' 4,398.75 26.5 50.00 1,325.00 8.5 40.00 340.00 916.04 916.04 9.09 9.09 Total $6,988.88