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HomeMy WebLinkAbout03/26/1987 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: STUDENT GOV'T LIAISON: VISITORS PRESENT: Mayor Ringer, Councilmen Brown, Jones, Haddox, Tongco, Boughton Councilman Bond City Manager Cole, Assistant City Manager Ragland, City Secretary Jones, City Attorney Locke, Director of Capital Improvements Ash, City Engineer Pullen, Interim Director of Planning Callaway, Assistant Director of Parks and Recreation Cisneros, Traffic Engineer Black, Public Information Officer Calliham, Council Coordinator Hooks Mike Hachtman See guest register. Agenda Item No. 1 - Signing of a proclamation designating April 5-11, 1987 as "National Science Week" in College Station, Texas. Mayor Ringer withdrew this item from the agenda and stated that the proclamation will be signed jointly with Bryan Mayor Marvin Tate at another time. Agenda Item No. 2 - Council Concerns. Councilman Boughton reported that she will not be able to attend the Breakfast meeting with A&M Chancellor Perry Adkisson and asked if other council members will be attending; if so, she would like information discussed at the meeting. Mayor Ringer stated that he will be attending the meeting. Councilman Brown distributed copies of a letter from the Brenham Industrial Foundation. The letter confirms that the City of Brenham and the Brenham Industrial Foundation have committed $20,000 to support the Brazos Valley Superconducting Super 06082 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 2 Collider Foundation in their effort to bring the project to the Brazos Valley. The Economic Development Foundation will make a formal presentation to the Council to acknowledge their support. Agenda Item No. 3 - City Manager Concerns. No concerns were reported by City Manager Cole. Agenda Item No. 4 - Approval of the minutes of the City Council Workshop Meeting, March 11, 1987 and the Regular Meeting, March 12, 1987. Two corrections were made to the minutes prior to the meeting; the workshop minutes, page 2, under Agenda Item 3 were revised to state that Brentwood Park is a new park, undeveloped; and the word "asked" was added to the regular minutes, page 2, paragraph 2 under Agenda Item 4. Councilman Boughton moved approval of the minutes with the re- vised corrections. Councilman Tongco seconded the motion which was approved unan- imously, 6-0, with Councilman Bond absent. Agenda Item No. 5 - A public hearing to consider a resubdivision plat of Lot 18 Block 16 Southwood Valley Section Three Subdi- vision. (87-202). Interim Director of Planning Jim Callaway, described the plat. The replat divides an existing 50' wide commercial lot into two 25' wide lots. The function of these lots is part of a commer- cially developed area. The staff and P&Z have recommended ap- proval of this plat. Mayor Ringer opened the public hearing. No one came forward to speak. hearing. Mayor Ringer closed the public Agenda Item No. 6 - Consideration of approval of the resub- division plat of Lot 18 Block 16 Southwood Valley Section Three subdivision. Councilman Brown moved approval of the resubdivision plat of Lot 18 Block 16, Southwood Valley Section Three. 0608B CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 3 Councilman Boughton seconded the motion which passed unanimously, 6-0. Agenda Item No. 7 - CONSENT AGENDA: PLATS: (87-201) Resubdivision Plat - Revised plat Belmont Place Section Two The plat was approved by common consent. Agenda Item No. 8 - Consideration of an ordinance amendin~ Chapter 10, Section 3.E of the Code of Ordinances relating to speed zones. Mayor Ringer noted that a second speed study was conducted in Southwood Valley at the request of the Council, and staff has recommended two amendments to Ordinance No. 1689. Mayor Ringer stated that a letter was composed from the Council office listing individuals who called and indicated their support for lowering the speed limits to 30 mph on Longmire and Deacon. Also, an individual wrote a letter to the Council in support of this change. Mayor Ringer noted he received a telephone call from an individual who spoke in opposition to lowering the speed limits. Mayor Ringer asked citizens who would like to address this item to come forward. Dr. Ron Elmore, 1101 Santa Rita Court, expressed his support for reducing the speed limit to 30 mph on Longmire, Welsh, Deacon, and Rio Grande. He pointed out that a 40 mph speed limit sign on Welsh Street is located close to the entrance of the A&M Con- solidated High School parking lot, and he perceives a problem with this speed located near the school driveway. Dr. Elmore asked what initiated the speed study and increase in speed limits. Mayor Ringer responded that this study was conducted as part of an ongoing process to upgrade the City ordinances and regula- tions. These proposals are based on speed studies prepared by '-,06084 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 4 Traffic Engineer John Black. Mayor Ringer referred to the traf- fic manual guidelines; he noted that the speed limit is deter- mined by the 85th percentile of traffic on the streets, and the speed limit may be adjusted 5 mph up or down from this percen- tile. Mayor Ringer explained that the Council uses this study as a basis for their action. Councilman Tongco added that the studies also include general usage; bicycle and pedestrian traf- fic, and school zones. Mayor Ringer pointed out that after the speed limits were raised, another study was conducted and the 85th percentile speed was one or two miles per hour lower, a change implying that raising the speed limit did not increase the speed of the traffic. Mayor Ringer stated that motorists will continue to drive at their own discretion, a speed they feel is a reasonable and safe speed, and the only way to insure a 30 mph is to have a patrolmen in the area 24 hours a day. Mr. Walter Ruoff, 1506 Treehouse Trail, expressed his concern and support of 30 mph speeds for Longmire, Welsh, Rio Grande, Pond- erosa, Deacon and Rock Prairie Road. He urged the Council to lower these speeds to 30 mph. Mr. John Edwards, spoke in support of the 30 mph speed limit in Southwood Valley. He stated that he is a bicyclist and a walker, and noted that there are no sidewalks at the Southwood Athletic Park for walkers at night and the lighting is not good. He questioned the responsibility of the study during the winter months in comparison to the summer months, and also the effec- tiveness of the study in relation to roads which have close prox- imity to nursery schools, fire departments, and city parks. Councilman Brown was concerned that the only complaints have been from residents in Southwood Valley. Councilman Brown moved to lower the speed limits to 30 mph on Longmire, Ponderosa, Rio Grande, Welsh, Deacon and Rock Prairie Road. Councilman Boughton expressed her disagreement with the motion, and stated that the speed limits on Southwest Parkway are 35-45 mph and there seem to be no problems. She noted that there is a tremendous amount of bicycle and pedestrian traffic on Southwest Parkway. 06085 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 5 Councilman Boughton pointed out that specific streets were built to a width that would handle the traffic at these speeds;and, in order to expedite the traffic on Southwest Parkway, the speed limits were raised. Councilman BouGhton commented that the city staff is professional in judging these studies, and she feels "most problems perceived are not as Great as we think". She ex- pressed her opinion that the City should continue under Ordinance No. 1689, at least until the school flashing lights have been erected. Councilman Jones seconded Fred Brown's motion to change the speed limits to 30 mph on Deacon, LonGmire, Welsh, Ponderosa, Rio Grande, and Rock Prairie. Mayor Ringer listed the speed limits in Southwood Valley as stated in the proposed ordinance prepared by staff. Councilman Haddox asked if Councilman Brown and Councilman Jones felt 35 mph was a sufficient speed on Emerald Parkway. Council- man Brown replied that he might see a problem if his house fronted on the street. Councilman TonGco noted that the speed limits cannot be changed each month, and pointed out that many citizens have expended their monies to provide for the width of these streets. She noted also that the speed limit signs are expensive. She stated that her concern is safety and the concerns of the residents, yet there are certain streets which were built to handle traffic, and an adjustment should be made for the city as a whole as well as for those persons living in residential areas. Councilman Brown commented that all of the complaints received are from Southwood Valley residents and the study does not seem to be addressing their problems correctly. Councilman Jones agreed with Mr. Brown's comment. Mayor Ringer stated his concern that most people will drive at a speed they feel is reasonable for the conditions, and that postinG a 30 mph speed limit sign will probably not affect the speed. He noted that 74-90% of people are driving over the 30 mph speed. Councilman Haddox stated that he supports reducing the speeds to 35 mph on LonGmire and Welsh, but he does not feel 30 mph is a rational speed. Dr. Elmore commented that 30 mph is a "time- saver"; he added that the patrolmen will not stop motorists until they are 9 miles over the speed limit. Councilman BouGhton dis- 06086 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 6 agreed with Dr. Elmore's statement, and said that the figure is probably five miles over the speed limit. Councilman Boughton noted that many citizens were upset about striping five lanes on Southwest Parkway, but since that time, there have not been com- plaints about the street. Councilman Tongco noted that the signs are not a permanent fix- ture; she explained that the study is conducted periodically and, depending on the needs determined through the study, changes can be made. Also, school flashers costing $28,000 will be erected by fall. She also mentioned that the 40 mph speed limit sign at the High School may be studied by the staff and returned to the council. Student Gov't Liaison Mike Hachtman stated that the students were pleased with the Council's decision to raise the speed limits in Southwood Valley. He noted that Longmire and Welsh carry a large amount of student population, and added that not many houses front on Rio Grande, Welsh, and Longmire. Councilman Brown and Councilman Jones voted to approve the motion to change speed limits to 30 mph on Longmire, Welsh, Rio Grande, Deacon, Rock Prarie Road, and Ponderosa. Mayor Ringer, Councilman Tongco, Haddox, and Boughton voted against the motion. The motion was defeated with a vote of 2-4. Councilman Haddox moved to approve Ordinance 1700 accepting the staff recommendations reducing the speed limits to 35 mph on Longmire and Welsh. Councilman Brown seconded the motion which was approved unan- imously, 6-0 with Councilman Bond absent. A~enda Item No. 9 - Consideration of a variance desiqnating the Community Center as a location for the sale of alcoholic beveraqes. Mayor Ringer explained that the Community Center is located with- in 300 feet of a school, and the sale of alcoholic beverages at that location is in violation of the current City ordinance un- less a special variance is granted by the Council to allow such sale. City Attorney Locke explained that the staff's recommendation is to permit the sale of alcoholic beverages on the premises at the 06087 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 7 Community Center from the hours of 5:00 p.m. to 11:00 p.m. Monday thru Friday, and 5:00 p.m. to 1:00 a.mo Saturday and Sunday. Mayor Ringer noted that this recommendation will prohibit after- noon events on the weekend. Councilman Tongco asked if there is a problem with this. Tony Cisneros suggested that the hours be changed to 1:00 p.m. on Saturday and Sunday. Councilman Tongco moved to grant a variance to the Community Center to allow the sale of alcoholic beverages during the fol- lowing hours: 5:00 p.m.-il:00 p.m. Monday thru Thursday, 5:00 p.m. Friday to 1:00 a.m. Saturday, 1:00 p.m. Saturday to 1:00 a.m. Sunday, and 1:00 p.m. to 11:00 p.m. Sunday. Councilman Jones seconded the motion which was approved unan- imously, 6-0. Aqenda Item No. 10 - Consideration of award of contract for Redmond Terrace Waterline Replacement Pro~ect C.I.P. No. R-87-81-01. City Engineer Pullen presented this item. He explained that the Council authorized funding on February 5, 1987. The project con- sists of replacing 1,250 feet of 6" cast iron pipe installed in 1957. Two bids were received; low bidder was Brazos Valley Utilities. Staff recommended award of contract to Brazos Valley Utilities. Councilman Tongco asked if the City staff will closely detect the use of sub-contractors. Mr. Pullen replied affirmatively, and noted that the contract specifies the approval of sub-con- tractors. Councilman Haddox moved approval of awarding the Redmond Terrace Waterline Replacement Project to Brazos Valley Utilities for $57,030. Councilman Brown seconded the motion which carried unanimously, 6-0. For clarification of Agenda Item No. 9, Mayor Ringer noted that the approval of the variance for the sale of alcoholic beverages at the Community Center is for the benefit of organizations who wish to rent the facility and open a cash bar or hire a caterer to provide alcoholic beverages. ' 06088 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 8 AGenda Item No. 11 - Consideration of award of Professional Services Contract for Annual Resistivity Survey and Ground Water Samplin~ for College Station landfill. City Engineer Pullen explained that this contract is for an an- nual survey as part of the requirements for the landfill license. The purpose is to verify that the City is not admittinG any unwanted elements to the Groundwater at the landfill site. Mr. Pullen stated that four proposals were submitted and staff has reviewed these bids and recommended award to the local con- sultant, BerGer Materials Engineering, Inc. Councilman Brown moved approval to award the Professional Ser- vices Contract for the Annual Resistivity Survey and Ground Water Sampling for the landfill to BerGer Materials Engineering, Inc. of Bryan for $7,000. Councilman TonGco seconded the motion which was approved unan- imously, 6-0. A~enda Item No. 12 - EMERGENCY ITEM: Consideration of a request for a license to encroach into a utility easement at 906 Holleman Drive. (Applicant: James F. Carpenter/Century 21. Councilman BouGhton moved to declare this an emergency item to be placed on the agenda. Councilman TonGco seconded the motion which passed unanimously, 6-0. CIP Director Elrey Ash explained that Mr. John Clark is askinG for a license to encroach into a utility easement at 906 Holleman Drive. Mr. Ash stated that the staff felt this is an insignifi- cant encroachment because the encroachment is 1.28 feet in depth into the easement, and only 13.6 sq. ft. of buildinG is on the easement. The staff's recommendation is to waive some of the requirements so that the applicant may have the opportunity to close a pending sale of the house. Councilman Tongco questioned whether this encroachment would af- fect the city's ability to Get to the easement. Mr. Ash replied there would be no problem. Councilman Brown moved approval to authorize the Mayor to sign a ' 06089 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 9 resolution granting a license to encroach into a utility easement at 906 Holleman Drive. Councilman Jones seconded the motion, which was approved unanimously, 6-0. A~enda Item No. 13 - Hear Visitors. Jerry Cooper of 602 Bell addressed a problem in his neighbor- hood. He stated that eight months ago, two yield signs on Guernsey Street were stolen. The City replaced these with stop signs. Mr. Cooper was also concerned about the replacement of the yield sign with a stop sign at West Dexter intersecting Dexter Street. Mr. Cooper spoke with the Traffic Engineer and he was informed that the City is in the process of replacing all yield signs with stop signs. Mr. Cooper stated that there has never been a problem with traf- fic accidents at either intersection when the yield signs were there. He asked the Council to have yield signs erected to re- place the stop signs located at W. Dexter and Guernsey on the east side of Welsh. Mayor Ringer commented that he is glad to see the stop sign at W. Dexter because many bicyclists are using Dexter, and motorists are hesitant to see bicyclists. Traffic Engineer John Black commented on the updating process to replace yield signs. He explained that yield signs are effective in locations where there is adequate sight distance and not many trees. He stated that few intersections in the City allow good sight distance; this situation is the reason for posting stop signs at these intersections. He also responded to Dr. Elmore's concern about the T-intersections onto Rio Grande, and added that stop signs are being erected at this time. A~enda Item No. 14 - Closed session to discuss pending litigation [6252-17(2)(e)] and land acquisition (6252-17(2)(f)]. The council moved to closed session to discuss pending litigation and land acquisition. A~enda Item No. 15 - Action on closed session. There was no action on closed session. 06090 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 PAGE 10 Agenda Item No. 16 - Adjourn. Mayor Ringer adjourned the meeting. ATTEST: n~ Jones APPROVED: 06091 AOREEMENT BETWEEN THE CITY OF COLLEGE AND BME, INC. STATION FOR Annual Resistivity Survey and Ground Water Quality Monitoring Rock Prairie Road Landfill College Station, Texas 1988 AGREEHENT BETWEEN THE CITY OF COLLEGE STATION AND BME, INC. FOR Annual Resistivity Survey and Ground Water Quality Honitoring Rook Prairie Road LandffZll College Station, Texas 1988 This is an Agreement made as of March 7, 1988 between the ~ of ~ ~ and BME. Inc. (Owner) (Engineer) OWNER employs ENGINEER to perform professional engineering services, to serve as OWNER'S professional engineering repre- sentative and to provide professional engineering consultation and advice for a professional fee (as set forth below) in connection with Annual Earth Resistivity and Groundwater Monitoring for Phase I and Phase II of the Rock Prairie Road Solid Waste Landfill and prepare an evaluation report of compliance with permit requirements (the "Assignment"). SECTXO~ 1= ~ASXC AF~S.~ OF ~ 1.1 After written authorization to proceed, ENGINEER shall perform the following professional services: 1. Perform a resistivity survey around landfill areas Phase I and Phase II conducted in accordance with the guidelines set forth in the Texas Department of Health, Division of Waste Management, "Technical Guide", dated 14 October 1986 or the latest revision. 2. Obtain and analyze ground water samples from the four existing monitoring wells, and complete the Texas Department of Health reporting forms. page 1 of 5 pages 3. Prepare a report presenting the survey results and evaluating compliance with the current permit. 1.1.1 Consult with OWNER to clarify and define OWNER,S requirements for the Assignment and review available data; 1.1.2 Advise OWNER as to the necessity of OWNER'S providing or obtaining from others special services and data required in connection with the Assignment and assist OWNER in obtaining such data and services; 1 .1 .3 Prepare a Report of ENGINEER'S findings and recommendations and furnish e~ copies of the Report and review it in person with OWNER. (:~ ~,~ 1.2 The duties and responsibilities of ENGINEER described above are supplemented and amended as indicated in paragraph 1 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters" which is attached to and made a part of this Agreement. 2.1 If authorized in writing by OWNER, Additional Services related to the Assignment will be performed by ENGINEER for an additional professional fee. ~CTION ~ ~ ~_~ ~ESPONSIBILITI~S OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER: 3.1 Provide all criteria and full information as to OWNER'S requirements for the Assignment and designate in writing a person with authority to act on OWNER'S behalf on all matters concerning the Assignment; 3.2 Furnish to ENGINEER access to all existing studies, reports and other available data pertinent to the Assignment, obtain or authorize ENGINEER to obtain or provide additional reports and data as required, and furnish to ENGINEER services of others required for the performance of ENGINEER'S services hereunder, and ENGINEER shall be entitled to use and rely upon all such information and services provided by OWNER or others in performing ENGINEER'S services under this Agreement; 3.3 Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services hereunder; 3.4 Perform such other functions as are indicated in paragraph 2 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters"; and 06094 page 2 of 5 pages 3.5 Bear all costs incident to compliance with the requirements of this Section 3. SECT~O~A= ~OD OF S~WCE 4.1 ENGINEER'S Basic Services will be performed and the Report submitted within the time period or by the date stipulated in paragraph 3 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters." 4.2 ENGINEER'S Basic Services under this Agreement will be considered complete at the earlier of (1) the date when the Report is accepted by OWNER or (2) thirty days after the date when the Report is submitted for final acceptance, plus in each case, if applicable, such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction to approve the Report. 4.3 ENGINEER'S Additional Services will be performed and completed within the time period agreed to in writing by the parties at the time such services are authorized. If any time period within or date by which any of ENGINEER'S services are to be completed is exceeded through no fault of ENGINEER, all rates, measures and amounts of compensation and the time for completion of performance shall be subject to equitable adjustment. Methods of Payment for Services of ENGINEER. 5.?.~ For Basic Services. OWNER shall pay ENGINEER for all Basic Services rendered under Section 1 (as amended and supplemented by Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters") as follows: 5.~.1.1 OWNER shall pay the ENGINEER for his services at the rates listed on the attached Schedule of Engineering Fees and Services. Exhibit B 5.1.2 For Additional Services. OWNER shall pay ENGINEER for all Additional Services rendered under Section 2 on the basis agreed to in writing by the parties at the time such services are authorized. 5.1.3 Reimbursable Expenses. All reimbursable expenses related to the Assignment are listed in the Schedule of Engineering Fees and Services Exhibit B. Expenses not so listed shall be considered incidental to the Assignment and not directly reimbursable without the express written agreement of the OWNER. page 3 of 5 pages 5.2 ENGINEER shall submit monthly statements for Basic and Additional Services rendered and For Reimbursable Expenses incurred. OWNER shall make prompt monthly payments in response to ENGINEER'S monthly statements. 5.3 ENGINEER'S above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Assignment until submission of the Report. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER'S statement therefor, the amounts due ENGINEER will be increased at the rate of ]% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 6.] OWNER'S budgetary requirements and considerations in respect of the Assignment are set forth in paragraph 5 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters". SECTION ~ = ~N~L CONSIDERATIONS 7.1 The obligation to provide further services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 7.2.] OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 7.2.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.2.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under 06096 page 4 of 5 pages this Agreement. Nothing contained in this paragraph shall prevent ENGINEER from employing such independentprofessional associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder. Independent professional associate's and consultant's services not listed on Exhibit B, Schedule of Engineering Fees and Services or approved in writing by the OWNER shall be considered incidental to the work and will not be paid for directly by the OWNER. 7.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. This Agreement (consisting of pages 1 to 5 inclusive together with Exhibit A constitute the entire Agreement between OWNER and ENGINEER and supersede all prior written or oral understandings. This Agreement and said Exhibit A may only be amended, supplemented, modified or canceled by a duly executed written instrument. IR WITNESS WHEREOF, the parties hereto have made and exeouted this Agreement as of the day and year first above written. Address. Engineer Date Address 70q ~e.F~r '7'rze. Address for Giving Notices: Address for Giving Notices: REVIEWED AND APPROVED City Attorney · ; / Date ~Date ~ Dat~ ~~~e ' 06097 page 5 of 5 pages Exhibit A To Agreement Between City of College Station and BME, Xno. Hatch 7, 1988 Further Description Of Basic Services, Duties of Owner, Hethod of Payment and Related Hatters This is an exhibit attached to and made a part of the Agreement dated March 7, 1988 between ~ of ~ Station (Owner) and ~ Inc,for study and report professional services. (Engineer) ~ 1. The Basic Services of ENGINEER as described in Section I of said Agreement are amended and supplemented as follows: A. Resistivity--Phase I. A resistivity survey shall be conducted around the Phase I area. It shall consist of the same nine sounding stations used in previous years and of profiling stations at one hundred foot intervals around the three sides of the Phase I area, as in January 1985. B. Resistivity--Phase II. A resistivity survey shall be conducted around the Phase II area. The technique and station spacings shall be essentially the same as used in the Phase I area work. C. Groundwater Monitoring. Sampling shall be per the regulations of the Texas Department of Health, Division of Solid Waste Management. Conductivity, pH, and temperature measurements shall be made in the field. Additional samples shall be taken to MBA Labs in Houston for analysis of chloride, total organic carbon (four replicates), iron, and manganese. The results shall be reported on the TDH Groundwater Monitoring Report forms, and a table of the results shall be included in the survey report. De The ENGINEER shall deliver the following to the OWNER. a. An engineering report presenting the data, interpretation, and conclusions based on the results of the resistivity surveys for the Phase I and Phase II areas pointing out any significant changes in resistivity values and discover possible reasons for these changes. b. The Standard State forms required for each monitor well. "'06098 2. The responsibilities of OWNER as described in Section of said Agreement are amended and supplemented as follows: In all matters relating to the Assignment the person filling the office of the City Engineer shall act in the Owners behalf. 3. The time period for the performance of ENGINEER'S Basic Services is as follows: The Engineer shal 1 begin field work for the assignment within two weeks after the date of this Agreement and shall present the completed report to the Owner within three weeks aftem beginning the field work. 4. Terms used in describing the applicable method of payment for services rendered and Reimbursable Expenses incurred by ENGINEER shall have the meanings commonly associated with the terms used in the Schedule of Engineering Fees and Services. Exhibit B 5. OWNER has established the following budget for the Assignment: The total cost of this Assignment shall not exceed $7,500.00 without the express written direction of the Owner. Ail fees in excess of $7,500.00 shall be considered Additional Service. ' 06099 bme inc. Exhibit B BERGER MATERIALS ENGINEERING, INC. Fee Schedule - Series 151 General Conditions 1 January 1988 11.0 12.0 13.0 14.0 15.0 Payment. Payment shall be due upon receipt of invoice. All payments due for services rendered or materials supplied shall be payable at the offices of Berger Materials Engineering, Inc. (BME, Inc.) at 704 Pepper Tree, Bryan, Brazos County, Texas. A 1 1/2% finance charge per month will be added to all amounts not paid within 30 days after date of invoice. In the event that any law limiting the amount of finance or other charges permitted to be collected is interpreted so that this charge violates such law for any reason, the finance charge is hereby reduced to the extent necessary to eliminate such violation. Records. All pertinent records relating to services performed hereunder shall be retained for two years after completion of work. The Client shall have access to records at all reasonable times during said period for audit purposes. Samples. Ail samples of soil and rock will be discarded 30 days after submission of our report unless the Client advises us otherwise. Upon request, we will deliver the samples in accordance with Client's instructions, charges collect, or will store them for an agreed charge. Reproduction. Reproduction, binding and lamination expenses incurred during the development of geotechnical reports will be charged at a rate of $0.25 per page. Xerox expenses incurred during t~e normal reporting process will be charged based on the actual number of copies produced and at a rate of $0.10 per copy. Warranty. The only warranty or guarantee made by Berger Materials Engineering, Inc. in connection with its services performed hereunder is that we will use 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, expressed or implied, is made by our proposal for consulting services or by our furnishing oral or written reports of the findings made. ")0610 brne inc. Exhibit B BERGER MATERIALS ENGINEERING, INC. Fee Schedule - Series 153 Geotechnical - Laboratory 31.0 Classification Tests 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Moisture Content Atterberg Limit Linear Bar Shrinkage Unit Dry Weight Sieve Analysis thru 200 Mesh Sieve Percent Passing No. 200 Mesh Sieve Hydrometer Analysis Permeability 1.8.1 Falling Head, cohesive soils 1.8.4 Granular Soils Resistivity 32.0 2.1 2.2 2.3 Strenqth Tests Hand Penetrometer or Torvane Unconfined Compression Triaxial Compression Test 2.3.1 Unconcolidated-Undrained (Q) Test 2.3.1a Single Stage, per sample 2.3.1b Triple Stage, per sample 2.3.2 Consolidated-Undrained (R) Test with Back-Pressure Saturation and Pore Pressure Measurements 2.3.2a Single Stage, per sample 2.3.2b Triple Stage, per sample 33.0 Volume Chanqe Tests 3.1 Absorption Pressure-Swell 3.2 Consolidation I January 1988 $ 3.00 ea 21.00 ea 9.00 ea 8.50 ea 25.00 ea 15.00 ea 65.00 ea 55.00 ea Negotiable 15.00 ea 1.00 ea 11.00 ea 24.00 ea 70.00 ea 170.00 ea 510.00 ea 65.00 ea 150.00 ea 34.0 35.0 Analytical Tests 4.1 Hydrocarbon Analysis 4.2 Lead Content 4.3 Salts 4.4 EP Toxcity 4.5 BTX Contents Miscellaneous 5.1 Sample Remolds for Test Purposes 5.2 Stress-Strain Computation 5.3 Soil Technician, hourly rate 50.00 ea 35.00 ea 50.00 ea 75.00 ea 300.00 ea 25.00 ea 15.00 ea 22.00 hr ,0610 bme~c. Exhibit B BERGER MATERIALS ENGINEERING, INC. Fee Schedule - Series 154 Geotechnical - Engineering 1 January 1988 41.0 Services of Enqineerinq and Supportin~ Personnel to include actual time devoted to project. 1.1 Engineering Personnel 1.1.1 Engineering Manager/Senior Associate 1.1.2 Project Engineer II 1.1.3 Project Engineer I 1.1.4 Senior Technologist 1.1.5. Technologist $ §0.00/hr 40.00/hr 30.00/hr 25.00/hr 20.00/hr 1.2 Supporting Personnel 1.2.1 Draftsman 1.2.2 Data Processor 17.50/hr 15.00/hr 42.0 Reimbursable Expenses directly related to project completion including but not limited to subcontracts, long distance communication, outside reproduction, postage or special handling and per diem. cost + 15% 06102 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 26, 1987 7:00 P.M. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 12. 28. 13. 29. 14. 30. 15. 16. 31. 32. 006'1 0'6