HomeMy WebLinkAbout06/27/2013 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Consent No. 2a - Minutes
Coversheet revised 7
Special Meeting 8
Workshop 10
Regular Meeting 14
Consent No. 2b - Purchase of Various Transformers
Coversheet revised 18
Tabulation 19
Consent No. 2c - Greenway Property Acquisition Real Estate
Contract
Coversheet revised 25
Location Map 26
Resolution 27
Consent No. 2d - Annual Reconfirmation for Texas A&M
University Nuclear Science Center
Coversheet revised 33
Resolution 34
Agreement Form 35
Consent No. 2e - Justice Assistance Grant (JAG) Inter-local
Agreement
Coversheet revised 36
Interlocal Agreement 37
Consent No. 2f - Engineering for Wastewater Aeration
Equipment Replacement
Coversheet revised 44
Consent No. 2g - Renewal of Annual Price Agreement for the
Purchase of Cement Stabilized Rock
Coversheet revised 45
Second Renewal Agreement 46
Consent No. 2h - Renewal of Annual Price Agreement for the
Purchase of Crack Sealant Detack Material
Coversheet revised 48
Second Renewal Agreement 49
Consent No. 2i - Annual Purchase of Crushed Stone
Coversheet revised 51
Bid Tabulation 52
Consent No. 2j - Area 2 Waterline Design Contract
Coversheet revised 53
Location Map 54
Consent No. 2k - Professional Services Change Order for Lick
Creek Wastewater Treatment Plant Miscellaneous
Improvements
Coversheet revised 55
1
Change Order 56
Location Map 57
Consent No. 2L - Construction & Demolition Debris, Organic
Waste, Recycling Collection Franchise Agreement Amendment
Second Reading - Bryan Iron and Metal, Ltd. d/b/a Texas
Commercial Waste
Coversheet revised 58
Franchise Agreeement 60
Consent No. 2m - Authorization to Disburse Grant Funding to
Reynolds & Reynolds, Inc.
Coversheet revised 80
ReyRey-2012SOC 81
Consent No. 2n - Approval of Extension of Closing Date for Sale
of First Street Property
Coversheet revised 85
Regular No. 1 - City of College Station and CVB Funding
Agreement for Preferred Access to TAMU Facilities; and
Assignment and Assumption Agreement with City of College
Station, CVB, and TAMU
Coversheet revised 86
Agreements Summary 88
Regular No. 2 - Public Hearing on 15-ft Public Utility Easement
Abandonment – 300 Texas Avenue
Coversheet revised 93
Vicinity Map 94
Location Map 95
Ordinance 96
Ordinance Exhibit 100
2
Mayor
Nancy Berry
Mayor Pro Tern
Karl Mooney
Interim City Manager
Kathy Merrill
CITY OF COLLEGE STATION
Home o/Texas A&M University·
Agenda
College Station City Council
Regular Meeting
Thursday,June 27,2013 at 7:00 PM
City Hall Council Chamber,1101 Texas Avenue
College Station,Texas
Council members
Blanche Brick
Jess Fields
John Nichols
Julie M.Schultz
James Benham
1.Pledge of Allegiance,Invocation,Consider absence request.
Presentations:
•Presentation of Certificate of Appreciation to Bob Hole,Cemetery Sexton,by the National Sojourners,
Brazos Valley Chapter #378.
•Presentation proclaiming participation in the implementation of a Community Wildfire Protection Plan
in accordance with the Healthy Forests Restoration Act.
Hear Visitors:A citizen may address the City Council on any item which does not appear on the posted
Agenda.Registration forms are available in the lobby and at the desk of the City Secretary.This form should
be completed and delivered to the City Secretary by 5:30 pm.Please limit remarks to three minutes.A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks.The City
Council will receive the information,ask staff to look into the matter,or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager.Comments should not personally attack
other speakers,Councilor staff.
Consent Agenda
At the discretion of the Mayor,individuals may be allowed to speak on a Consent Agenda Item.Individuals
who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with
the City Secretary prior to the Mayor's reading of the agenda item.Registration forn1s are available in the
lobby and at the desk of the City Secretary.
2.Presentation,possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping"items required by law.Items may be removed from the consent agenda by majority vote of the
Council.
a.Presentation,possible action,and discussion of minutes for:
June 7,2013 Special Meeting
June 13,2013 Workshop
June 13,2013 Regular Council Meeting
Page 2
Thursday,June 2013
b.Presentation,possible action and .....h.>v .......,'....HV'~~on a bid award for the
pad-mounted distribution transfom1ers to maintained in
$1 a total $69,1
of
KBS,$51,210.00
c.action discussion regarding a resolution authorizing a real estate contract between
the City of College Station (Buyer)and Oaks,the 1.31 acres land
located at 1500 University Oaks Blvd.
d.Presentation,possible action and discussion the
Reconfirmation and use of Service and Equipment to be provided
a at the A&M University Nuclear
e.Presentation,possible action,
of for
Assistance Grant (JAG).
discussion on an inter-local agreement (ILA)with .-..cr·-,'r,,~'
and a
f.possible action,discussion approval of contract #1
with Bury &Partners Inc.in the amount of $97,300 for the Wastewater Aeration Equipment Replacement
of an annual price agreement with
an amount not to $248,000.
g.Presentation,possible action and discussion 1"'p("Y'l1"',n,
the LJu."•....,,,......,,'-'
n1"'PPn1pn1"with Crafcoofanannual
the amount of $121
h.Presentation,possible action
of
1.Presentation,possible action and discussion on a bid award for Annual for
of crushed stone to Crushed Stone for an amount not to exceed $462,000.00.
J.on a
the amount of $190,200,for the design,bidding,and construction administration services associated
Area 2 Waterline Project.
k.Presentation,possible action,and discussion regarding a change order to the professional services contract
HDR,Inc.#10-1 amount of $7,963.00 for the
"">J'''''-'AJlU,••',,",V'\.-l>J In1provements Project.
1.on a -rvn¥,>A''-''
with Bryan and Metal,Ltd.d/b/a Texas Commercial Waste;for the collection
demolition debris,and waste VV~'''-'''''L'V'''
business locations,and roll-off construction and demolition debris collection.
m.discussion authorizing the payment
$40,000 to Reynolds Reynolds.
Retention and Expansion,and
n.Presentation,possible action,and discussion to approve extending
Property to Asset Plus
closing date for the
City Council Regular Meeting Page 3
Thursday,June 27,2013
Regular Agenda
At the discretion of the Mayor,individuals may be allowed to speak on a Regular Agenda Item.Individuals
who wish to address the City Council on a regular agenda item not posted as a public hearing shall register
with the City Secretary prior to the Mayor's reading of the agenda item.Registration forms are available in the
lobby and at the desk of the City Secretary.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor's announcement to open the public hearing.The Mayor will recognize
individuals who wish to come forward to speak for or against the item.The speaker will state their name and
address for the record and allowed three minutes.A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks.After a public hearing is closed,there shall be no additional public
comments.If Council needs additional information from the general public,some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council,but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item,the individual may complete the registration form provided
in the lobby by providing the name,address,and comments about a city related subject.These comments will
be referred to the City Council and City Manager.
1.Presentation,possible action and discussion on a Funding Agreement between the City of College
Station and the Brazos Valley Convention and Visitors Bureau for Preferred Access to Texas A&M
University facilities;and an Assignment and Assumption agreement between the City of College
Station,Texas A&M University,and the Brazos Valley Convention and Visitors Bureau.
2.Public Hearing,presentation,possible action,and discussion approving an ordinance vacating and
abandoning a 0.141 acre,IS-foot wide public utility easement located on Lot 2 of the North Park
Section II Subdivision according to the plat recorded in Volume 494,Page 543 and on Lot 2,Block 1 of
Lodgeco Subdivision according to the plat recorded in Volume 1996,Page 331 of the Deed Records of
Brazos County,Texas.
3.Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
KC€tUR.94\&\Q~~
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station,Texas will be
held on the Thursday,June 27,2013 at 7:00 PM at the City Hall Council Chambers,1101 Texas Avenue,
College Station,Texas.The following subjects will be discussed,to wit:See Agenda.
Posted this 21st day of June,2013 at 5:00 p.m.
~fYk&tfll£-~=-""=--"'o;~=-------'----
City Council Regular Meeting Page 4
Thursday,June 27,2013
I,the undersigned,do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station,Texas,is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall,1101 Texas Avenue,in College Station,Texas,and the City's website,
www.cstx.gov.TheAgendaandNoticearereadilyaccessibletothegeneralpublicatalltimes.Said Notice
and Agenda were posted on June 21,2013 at 5:00 p.m.and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time:by _
Dated this __day of ,2013 By _
Subscribed and sworn to before me on this the of ,2013.___-...1 _
Notary Public -Brazos County,Texas My commission expires:_
The building is wheelchair accessible.Handicap parking spaces are available.Any request for sign interpretive service must be made
48 hours before the meeting.To make arrangements call (979)764-3517 or (TDD)1-800-735-2989.Agendas may be viewed on
www.cstx.gov.Council meetings are broadcast live on Cable Access Channel 19.
June 27, 2013
City Council Consent Agenda Item No. 2a
City Council Minutes
To: Kathy Merrill, Interim City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of minutes for:
• June 7, 2013 Special Meeting
• June 13, 2013 Workshop
• June 13, 2013 Regular Council Meeting
Attachments:
• June 7, 2013 Special Meeting
• June 13, 2013 Workshop
• June 13, 2013 Regular Council Meeting
7
SM060713Minutes Page 1
MINUTES OF THE CITY COUNCIL SPECIAL MEETING
CITY OF COLLEGE STATION
JUNE 7, 2013
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Karl Mooney
Julie Schultz
City Staff:
Kathy Merrill, Interim City Manager
Robin Cross, Assistant City Attorney
1.
Call to Order and Announce a Quorum is Present
With a quorum present, the Special Meeting of the College Station City Council was called to
order by Mayor Berry at 12:43 p.m. on Friday, June 7, 2013 in the Administrative Conference
Room of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
2.
Executive Session
In accordance with the Texas Government Code §551.074-Personnel, the College Station City
Council convened into Executive Session at 12:43 p.m. on Friday, June 7, 2013 in order to
continue discussing matters pertaining to:
A. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
• City Manager
The Executive Session adjourned 1:18 p.m.
3.
Take action, if any, on Executive Session.
No action was taken.
8
SM060713Minutes Page 2
4.
Adjournment
MOTION: There being no further business, Mayor Berry adjourned the special meeting of the
College Station City Council at 1:18 p.m. on Friday, June 7, 2013.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
9
WKSHP0613913Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
JUNE 13, 2013
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kathy Merrill, Interim City Manager
James “Rod” Hogan, Interim Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Ian Whittenton, Records Management Coordinator
1.
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Berry at 4:13 p.m. on Thursday, June 13, 2013 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
2.
Council Group Photos
3.
Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Real Estate, §551.074-Personnel, and §551.087-Economic Development Negotiations,
the College Station City Council convened into Executive Session at 4:22 p.m. on Thursday,
June 13, 2013 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
10
WKSHP0613913Minutes Page 2
• College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023.
• Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v.
Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172-
CV-272, in the 272ndDistrict Court of Brazos County, TX
• Tom Jagielski v. City of College Station, Cause No. 12-002918-CU-361, In the 361st
District Court of Brazos County, Texas
• State v. Carol Arnold, Cause Number 11-02697-CRF-85, In the 85th District Court,
Brazos County, Texas
B. Consultation with Attorney to seek legal advice; to wit:
• Legal issues related to city funding for preferred facilities access agreement between T AMU
and CVB
• Legal issues to be considered associated with College Station's approaching 100,000
population
C. Deliberation on the purchase, exchange, lease or value of real property; to wit:
• Property located at or near George Bush Drive and Holik Street
• Property located at or near University Drive and Tarrow/East Tarrow Streets in College
Station
D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
• City Manager
E. Deliberation on economic development negotiations regarding an offer of financial or other
incentives for a business prospect; to wit:
• Discuss economic development incentive negotiations with TAMUS
The Executive Session adjourned at 5:59 p.m.
4.
Take action, if any, on Executive Session.
No action was required from Executive Session.
5.
Presentation, possible action, and discussion on items listed on the consent agenda.
Item 2b was pulled for discussion.
2b: Venessa Garza, Greenways Program Manager, clarified the purchase of the 1.31 acres, some
of which being in the flood plain, and the purchase price.
6.
Presentation, possible action and discussion regarding an update on anticipated
renovations to Kyle Field.
Phillip Ray, TAMU, reported that Texas A&M University, Athletic Department and the 12th
Man Foundation desire to redevelop Kyle Field which has sections of the stadium that are
11
WKSHP0613913Minutes Page 3
approaching 100 years old. This redevelopment will bring the stadium into current fire code
compliance, ADA compliance, current technologic standards, and will eliminate all sightline
issues at its completion. This project will give former students, fans and guests a greater modern
game day experience, more seating, and in many cases, give the fans basic services that are
currently lacking such as restroom capacity, wider concourses and concessions. The project will
put chair-back seating in many locations served by bench seating now; add suites, loge boxes and
related premium spaces; create a new stadium façade and construct new exterior plaza/mall areas
which will enhance tailgating and stadium access along with demonstrating Aggie core values
and history. Upon completion, Kyle Field will have a new seating capacity of 102,500. The
project completion date is anticipated to be November 2015.
7.
Presentation, possible action and discussion regarding Severe Weather Notification and
the beginning of the 2013 Hurricane Season.
Brian Hilton, Emergency Management Coordinator, provided a brief history of tornadoes in
College Station and Brazos County. He reported that 2% of tornados across the nation are
considered as violent as those seen in Oklahoma. Severe weather warnings can be
communicated via the Emergency Alert System (EAS), weather radios, and there are weather
apps for smart phones. While a particular concern today, in 1990, a Tornado Siren Bond
Election was not approved by voters. He noted that in College Station, straight-line winds and
micro-bursts cause more property damage than tornados. The 2013 hurricane forecast predicts
13-20 named storms, 7-11 hurricanes, and 3-6 Category 3 hurricanes.
8.
•
Council Calendar
June 18 Citizen's Fire Academy Graduation Ceremony and Dinner, in Council
•
Chambers, 6:30 p.m.
•
June 19 Research Valley Partnership Board Meeting, RVP at 3:00 p.m.
June 20 P&Z Workshop/Meeting, Council Chambers at 6:00 p.m. (James
•
Benham, Liaison)
June 21 Council Budget and Finance Committee Meeting, Administrative
•
Conference Room at 1:30 p.m.
•
June 24 Retirement Reception for Chief Alley, Fire Station #6 at 3:30 p.m.
June 25 Council Transportation & Mobility Committee Meeting, Room 203,
•
Conference Room A, Municipal Court - 310 Krenek Tap (2nd Floor)
at 3 :30 p.m.
June 27 Executive Session/Workshop/Regular Meeting at 4:30,6:00 & 7:00
p.m.
Council reviewed the Council calendar.
9.
Presentation, possible action, and discussion on future agenda items: a Council Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
12
WKSHP0613913Minutes Page 4
Councilmember Schultz asked to see a future workshop item related to the backlog for the
installation of electric meters. Timothy Crabb, Director of Electric Utilities, explained the reason
for the delay and said that was being addressed.
Councilmember Mooney asked for an item related to the Comprehensive Plan and the
distribution of lots for homes of less than $250,000.
Councilmember Benham asked to discuss residential and suburban development.
10.
Discussion, review and possible action regarding the following meetings: Animal
Shelter Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit
Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of
Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health
Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of
Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and
Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic
Development Committee, Gigabit Broadband Initiative, Historic Preservation Committee,
Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding
Review Committee, Landmark Commission, Library Board, Metropolitan Planning
Organization, Parks and Recreation Board, Planning and Zoning Commission, Research
Valley Partnership, Research Valley Technology Council, Regional Transportation
Committee for Council of Governments, Transportation and Mobility Committee, TAMU
Student Senate, Texas Municipal League, Twin City Endowment, Youth Advisory Council,
Zoning Board of Adjustments.
Mayor Berry reported on the MPO, and the BVCOG.
Councilmember Benham reported on the Research Valley Technology Council.
Councilmember Brick reported on the Chamber of Commerce Legislative Affairs Committee.
11.
Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 7:17 p.m. on Thursday, June 13, 2013.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
13
RM061313 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
JUNE 13, 2013
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kathy Merrill, Interim City Manager
James “Rod” Hogan, Interim Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Ian Whittenton, Records Management Coordinator
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Berry at 7:18 p.m. on Thursday, June 13, 2013 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Pledge of Allegiance, Invocation, consider absence request
.
Citizen Comments
Carrol Claycamp, 300 Lee Avenue, addressed the Council regarding the Conference Center
which was closed eleven months ago. He has been trying to find out why it was necessary to
close the center so suddenly and why it remains closed. He also wants to know why some effort
wasn’t spent to save the building. It appears that the Council is determined to sell the
Conference Center. A record rainfall occurred several weeks ago, and the building continues to
stand on its own.
CONSENT AGENDA
14
RM061313 Minutes Page 2
2a.
•
Presentation, possible action, and discussion of minutes for:
•
May 23, 20 13 Workshop
May 23, 2013 Regular Council Meeting
2b.
Presentation, possible action and discussion regarding approval of a real estate contract
between the City of College Station (Buyer) and Triangle Oaks, L.P. (Seller) for the
purchase of 1.31 acres of land located at 1500 University Oaks Blvd.
2c.
Presentation, possible action, and discussion on the first reading of a franchise
agreen1ent amendment with Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste;
for the collection of construction and demolition debris, recycling, and organic waste
collection from multifamily apartments and commercial business locations, and residential
roll-off construction and demolition debris collection.
2d.
Presentation, possible action and discussion regarding the renewal of annual price
agreement 11-031 to Brazos Paving, Inc. for the purchase of Cement Stabilized Sand for
an amount not to exceed $137,000 and authorizing the City Manager to execute the renewal
agreement on behalf of the City Council.
2e.
Presentation, possible action and discussion regarding the purchase of 5-15 kV electric
distribution breakers in the amount of $119,190 from V&S Schuler Utilities for system arc
flash protection upgrades and for installation Northgate substation.
2f.
Presentation, possible action and discussion on the first renewal and first amendment to
the bank depository contract between City of College Station and Citibank, N.A.
Item 2b was pulled for a separate vote.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, less item 2b. The motion carried unanimously.
(2b)MOTION: Upon a motion made by Councilmember Benham and a second by
Councilmember Fields, the City Council voted two (2) for and five (5) opposed, with Mayor
Berry and Councilmembers Brick, Mooney, Nichols, and Schultz voting against, to postpone this
item to the next meeting. The motion failed.
(2b)MOTION: Upon a motion made by Councilmember Nichols and a second by
Councilmember Mooney, the City Council voted three (3) for and four (4) opposed, with
Councilmembers Brick, Fields, Schultz, and Benham voting against, to approve the real estate
contract between the City of College Station (Buyer) and Triangle Oaks, L.P. (Seller) for the
purchase of 1.31 acres of land located at 1500 University Oaks Blvd. The motion failed.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion approving Ordinance 2013-
3501, vacating and abandoning a 0.094 acre, 20-foot wide public utility easement located on
15
RM061313 Minutes Page 3
Lots 2, 3 & 4 of the North Park Section II Subdivision according to the plat recorded in
Volume 494, Page 543 of the Deed Records of Brazos County, Texas.
At approximately 7:35 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:35 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013-
3501, vacating and abandoning a 0.094 acre, 20-foot wide public utility easement located on
Lots 2, 3 & 4 of the North Park Section II Subdivision according to the plat recorded in Volume
494, Page 543 of the Deed Records of Brazos County, Texas. The motion carried unanimously.
2.
Public Hearing, presentation, possible action, and discussion approving Ordinance 2013-
3502, vacating and abandoning five electrical and public utility easements located at 410
Texas Avenue: a 10-foot electrical utility easement (Exhibit “A”), a 15-foot electrical utility
easement (Exhibit "B"), and a 10-foot electrical utility easement (Exhibit "C") recorded in
Volume 639, Page 534 of the Deed Records of Brazos County, Texas; a 10-foot electrical
utility easement recorded in Volume 740, Page 373 of the Deed Records of Brazos County,
Texas; and a 0.07 acre public utility easement recorded in Volume 2709, Page 139 of the
Deed Records of Brazos County, Texas.
At approximately 7:37 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:37 p.m.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013-
3502, vacating and abandoning five electrical and public utility easements located at 410 Texas
Avenue: a 10-foot electrical utility easement (Exhibit “A”), a 15-foot electrical utility easement
(Exhibit "B"), and a 10-foot electrical utility easement (Exhibit "C") recorded in Volume 639,
Page 534 of the Deed Records of Brazos County, Texas; a 10-foot electrical utility easement
recorded in Volume 740, Page 373 of the Deed Records of Brazos County, Texas; and a 0.07
acre public utility easement recorded in Volume 2709, Page 139 of the Deed Records of Brazos
County, Texas. The motion carried unanimously.
3.
Presentation, possible action and discussion regarding approval of Resolution 06-13-13-
03 for Parks and Recreation Department User Fees for facilities and programs for FY
2013-14.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Benham, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields
voting against, to adopt Resolution 06-13-13-03 for Parks and Recreation Department User Fees
for facilities and programs for FY 2013-14, adding a Part 3 to set an effective date of October 1,
2013. The motion carried.
4. Presentation, possible action and discussion on Ordinance 2013-3503, authorizing the
issuance of up to $10,450,000 in principal amount of "City of College Station, Texas
16
RM061313 Minutes Page 4
Certificates of Obligation, Series 2013"; delegating the authority to certain City Officials to
execute certain documents relating to the sale of the certificates; approving and authorizing
instruments and procedures relating to the certificates; and enacting other provisions
relating to the subject.
5.
Presentation, possible action and discussion on Ordinance 2013-3504, authorizing the
issuance of up to $23,000,000 in principal amount of "City of College Station, Texas
General Obligation Improvement and Refunding Bonds, Series 2013;" delegating the
authority to certain City Officials to execute certain documents relating to the sale of the
bonds; approving and authorizing instruments and other procedures relating to said
bonds; and enacting other provisions relating to the subject.
Items 4 and 5 were discussed together.
MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013-
3503, authorizing the issuance of up to $10,450,000 in principal amount of "City of College
Station, Texas Certificates of Obligation, Series 2013"; delegating the authority to certain City
Officials to execute certain documents relating to the sale of the certificates; approving and
authorizing instruments and procedures relating to the certificates; and enacting other provisions
relating to the subject; and to appoint Raymond James, RBC Capital Markets and BOSC, Inc. as
underwriters. The motion carried unanimously.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013-
3504, authorizing the issuance of up to $23,000,000 in principal amount of "City of College
Station, Texas General Obligation Improvement and Refunding Bonds, Series 2013;" delegating
the authority to certain City Officials to execute certain documents relating to the sale of the
bonds; approving and authorizing instruments and other procedures relating to said bonds; and
enacting other provisions relating to the subject; and to appoint Raymond James, RBC Capital
Markets and BOSC, Inc. as underwriters. The motion carried unanimously.
6.
Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 8:49 p.m. on Thursday, June 13, 2013.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
17
June 27, 2013
Consent Agenda Item No. 2b
Purchase of Various Transformers
To: Kathy Merrill, Interim City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion on a bid award for the
purchase of various pole-mounted and pad-mounted distribution transformers to be
maintained in inventory to KBS, $51,210.00 and Wesco, $17,985.00 for a total of
$69,195.00.
Relationship to Strategic Goals: Core Services and Infrastructure
Recommendation(s): Recommend award to the lowest responsible bidder providing the
best value to the City as follows:
Item 1: Wesco $17,985.00
Item 2: KBS $20,880.00
Item 3: KBS $11,824.00
Item 4: KBS $9,490.00
Item 5: KBS $9,016.00
TOTAL $69,195.00
Summary: Six (6) sealed competitive bids and one (1) letter of no bid were received and
opened on June 6, 2013. KBS and Wesco were the lowest responsible bidders for their
respective bid items. Upon Council approval, purchase orders will be issued to the vendors
recommended for award. The transformers will be placed and maintained in the electrical
inventory and expensed as necessary.
Budget & Financial Summary: Funds are budgeted and available in the Electrical Fund.
Various projects may be expensed as supplies are pulled from inventory and issued.
Reviewed and Approved by Legal: N/A
Attachments: Bid Tabulation #13-073
18
City of College Station - Purchasing Division
Bid Tabulation for #13-073
"Purchase of Various Transformers"
Open Date: Thursday, June 6, 2013 @ 2:00 p.m.
Order Quantity:5
INVENTORY #:285-086-00035
HD Supply Utilities GE $4,510.00 $22,550.00 $6,556.52 7
KBS #1 Cooper $3,989.00 $19,945.00 $6,122.28 6-8
KBS #2 Ermco $3,651.00 $18,255.00 $5,995.19 8-10
Priester Mell & Nicholson Central Moloney $3,744.00 $18,720.00 $5,913.90 8
TEC #1 Ermco $3,728.00 $18,640.00 $6,072.19 9-11
TEC #2 GE $5,041.00 $25,205.00 $7,087.52 8-9
Techline #1 Howard $3,953.00 $19,765.00 $6,095.53 7-9
Wesco ABB $3,597.00 $17,985.00 $5,677.85 8-10
Low Bid
ITEM NUMBER: 1
Total
Owning
DELIVER
Y (weeks)
ITEM DESCRIPTION: 167 KVA Padmount Transformer 240/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
19
City of College Station - Purchasing Division
Bid Tabulation for #13-073
"Purchase of Various Transformers"
Open Date: Thursday, June 6, 2013 @ 2:00 p.m.
Order Quantity:3
INVENTORY #:285-086-00040
HD Supply Utilities GE $7,449.00 $22,347.00 $10,839.49 9
KBS #1 Cooper $7,586.00 $22,758.00 $11,050.21 8-10
KBS #2 Ermco $6,960.00 $20,880.00 $10,464.85 8-10
Priester Mell & Nicholson Central Moloney $10,301.00 $30,903.00 $13,766.59 16
TEC Ermco $7,033.00 $21,099.00 $10,537.85 9-11
TEC GE $7,449.00 $22,347.00 $10,839.49 9-11
Techline Howard $7,419.00 $22,257.00 $10,683.12 7-9
Wesco ABB $7,566.00 $22,698.00 $10,774.54 7-9
Low Bid
Total
Owning
DELIVER
Y (weeks)
ITEM NUMBER: 2
ITEM DESCRIPTION: 225 KVA Padmount Transformer 208/120
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
20
City of College Station - Purchasing Division
Bid Tabulation for #13-073
"Purchase of Various Transformers"
Open Date: Thursday, June 6, 2013 @ 2:00 p.m.
Order Quantity:16
INVENTORY #:285-086-00008
HD Supply Utilities GE $769.00 $12,304.00 $1,254.17 7
KBS #1 Cooper $866.00 $13,856.00 $1,360.21 8-9
KBS #2 Ermco $739.00 $11,824.00 $1,233.82 8-10
Priester Mell & Nicholson Central Moloney $842.00 $13,472.00 $1,372.60 8
TEC #1 Ermco $740.00 $11,840.00 $1,234.82 9-11
TEC #2 GE $745.00 $11,920.00 $1,230.17 8-9
Techline Howard $837.00 $13,392.00 $1,311.27 7-9
Wesco Power Partners/ABB $840.00 $13,440.00 $1,340.43 6
Low Bid
Total
Owning
DELIVER
Y (weeks)
ITEM NUMBER: 3
ITEM DESCRIPTION: 25 KVA Polemount Transformer 120/240
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
21
City of College Station - Purchasing Division
Bid Tabulation for #13-073
"Purchase of Various Transformers"
Open Date: Thursday, June 6, 2013 @ 2:00 p.m.
Order Quantity:10
INVENTORY #:285-086-00011
HD Supply Utilities GE $940.00 $9,400.00 $1,613.16 7
KBS #1 Cooper $1,059.00 $10,590.00 $1,719.10 8-9
KBS #2 Ermco $949.00 $9,490.00 $1,624.05 8-10
Priester Mell & Nicholson Central Moloney $1,015.00 $10,150.00 $1,725.75 8
TEC #1 Ermco $955.00 $9,550.00 $1,630.05 9-11
TEC #2 GE $955.50 $9,555.00 $1,628.66 8-9
Techline Howard $1,078.00 $10,780.00 $1,721.54 7-9
Wesco Power Partners/ABB $1,083.00 $10,830.00 $1,739.33 6
Low Bid
TEC #2 originally bid $910 but took exception to liquidated damages. Per bid specifications, 5% was added to the unit cost a
recalculated to $955.50. TOC was recalculated to $1628.66.
Total
Owning
DELIVER
Y (weeks)
ITEM NUMBER: 4
ITEM DESCRIPTION: 37.5 KVA Polemount Transformer 120/240
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
22
City of College Station - Purchasing Division
Bid Tabulation for #13-073
"Purchase of Various Transformers"
Open Date: Thursday, June 6, 2013 @ 2:00 p.m.
Order Quantity:8
INVENTORY #:285-086-00013
HD Supply Utilities GE $1,214.99 $9,719.92 $1,976.49 7
KBS #1 Cooper $1,271.00 $10,168.00 $2,084.21 8-9
KBS #2 Ermco $1,127.00 $9,016.00 $1,908.79 8-10
Priester Mell & Nicholson Central Moloney $1,175.00 $9,400.00 $2,071.26 8
TEC #1 Ermco $1,137.00 $9,096.00 $1,949.89 9-11
TEC #2 GE $1,175.00 $9,400.00 $1,936.50 7-9
Techline Howard $1,305.00 $10,440.00 $2,113.47 7-9
Wesco Power Partners/ABB $1,303.00 $10,424.00 $2,138.94 6
Low Bid
Total
Owning
DELIVER
Y (weeks)
ITEM NUMBER: 5
ITEM DESCRIPTION: 50 KVA Polemount Transformer 120/240
BIDDER MANUFACTURER UNIT PRICE EXTENDED
PRICE
23
City of College Station - Purchasing Division
Bid Tabulation for #13-073
"Purchase of Various Transformers"
Open Date: Thursday, June 6, 2013 @ 2:00 p.m.
SUMMARY
Vendor Manufacturer Quantity Unit Price Total Delivery
Item #1
167 KVA Padmount Transformer 240/120 Wesco ABB 5 $3,597.00 $17,985.00 8-10 weeks
Inventory #285-086-00035
Item #2
225 KVA Padmount Transformer 208/120 KBS Ermco 3 $6,960.00 $20,880.00 8-10 weeks
Inventory #285-086-00040
Item #3
25 KVA Polemount Transformer 120/240 KBS Ermco 16 $739.00 $11,824.00 8-10 weeks
Inventory #285-086-00008
Item #4
37.5 KVA Polemount Transformer 120/240 KBS Ermco 10 $949.00 $9,490.00 8-10 weeks
Inventory #285-086-00011
Item #5
50 KVA Polemount Transformer 120/240 KBS Ermco 8 $1,127.00 $9,016.00 8-10 weeks
Inventory #285-086-00013
TOTAL $69,195.00
24
June 27, 2013
Consent Agenda Item No.
Greenway Property Acquisition
Real Estate Contract
To: Kathy Merrill, Interim City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services
Agenda Caption: Presentation, discussion, and possible action regarding a resolution
authorizing a real estate contract between the City of College Station (Buyer) and Triangle
Oaks, L.P. (Seller) for the purchase of 1.31 acres of land located at 1500 University Oaks
Blvd.
Relationship to Strategic Goals: Core Services and Infrastructure, Improving
Transportation, and a Sustainable City.
Recommendation(s): Staff recommends approval of the contract which will authorize the
Mayor to execute the contract and the City Attorney to complete the transaction.
Summary: This real estate contract is for the purchase of property for the Greenways
Program. Through the previous approval of bond funds by the taxpayers, the City was
authorized to purchase flood-prone property for natural drainage, open space and
recreational opportunities. This provides a cost-effective method of alleviating future flood
damage along with general floodplain management while providing places for passive
recreation. Other benefits include erosion control, buffering between land uses and the
protection of habitat for existing flora and fauna. To date, over 600 acres have been
protected with these funds.
Budget & Financial Summary: The contract purchase price is $100,000 which is a
negotiated amount. $50,000 of the purchase price is a cash consideration to be paid to the
seller with the remaining $50,000 being a charitable contribution to the City from the seller.
Additional funds will be required for surveying, environmental study, title insurance, closing
costs and other fees. Funds are available as a part of the Greenway/Floodplain Fund project.
Reviewed and Approved by Legal: Yes
Attachments:
1. Location Map
2. Resolution
3. Real Estate Contract – Available in City Secretary’s Office
27
26
27
28
29
30
31
32
June 27, 2013
Consent Agenda
Annual Reconfirmation for Texas A&M University Nuclear Science Center
To: Kathy Merrill, Interim City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution for the Annual Reconfirmation and use of Service and Equipment to be provided
by the City of College Station in the Event of a Radiological Incident at the Texas A&M
University Nuclear Science Center.
Recommendation(s): Staff recommends approval of the resolution.
Summary: The City of College Station currently provides Fire Protection, Emergency
Medical and Hazardous Materials response to the Texas A&M University Main Campus to
include the Nuclear Science Center. This Annual Reconfirmation Agreement form is required
to be signed and placed in an official file as part of the annual Inspection process by the
Nuclear Regulatory Commission.
Budget & Financial Summary: None.
Legal Review: yes
Attachments:
Resolution
Reconfirmation Agreement form
2933
34
35
June 27, 2013
Consent Agenda Item No. 2e
Justice Assistance Grant (JAG) Interlocal Agreement
To: Kathy Merrill, Interim City Manager
From: Jeff Capps, Chief of Police
Agenda Caption: Presentation, possible action and discussion on an interlocal agreement
(ILA) with Brazos County and the City of Bryan for the purpose of application and
acceptance of a U.S. Department of Justice, 2013 Justice Assistance Grant (JAG).
Relationship to Strategic Goals:
1. Financially Sustainable City
Recommendation(s): Staff recommends Council approval.
Summary: This Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the
primary provider of federal criminal justice funding to state and local jurisdictions and fund
all components of the criminal justice system. JAG funded projects may address crime
through the provision of services directly to individuals and /or communities by improving
the effectiveness and efficiency of criminal justice systems, processes and procedures.
College Station Police Department intends to utilize this funding for the purpose of
supporting local initiatives, technical assistance, training, equipment, supplies and
information technology projects in support of our community-oriented mission.
Budget & Financial Summary: This 2013 JAG allocation for Brazos County is $52,650.
This amount is based upon a statutory JAG formula that considers the jurisdiction’s share of
state population and reported part 1 violent crime statistics. The grant has no match
requirement.
Individual recommended allocations designated by the Department of Justice are: Brazos
County- $0; Bryan- $35,480; College Station- $17,170 for a total of $52,650. Brazos
County has been certified as a disparate jurisdiction. As such, all jurisdictions must enter
into an Interlocal Agreement to specify an award distribution to each unit of local
government in a manner that will address disparity and furthermore, must apply for funding
jointly.
College Station and Bryan Police Departments have agreed to provide 15% of their
recommended funding to Brazos County Sheriff’s office in an effort to address disparity.
After providing 15% to the Brazos County Sheriff’s office, the allocations are as follows:
Brazos County - $7,897; Bryan - $30,158; College Station - $14,594 for a total of $52,650.
Bryan Police Department will serve as the administering agency.
Reviewed and Approved by Legal: Yes
Attachments:
1. Interlocal Agreement
36
37
38
39
40
41
42
43
June 27, 2013
Consent Agenda Item No. 2f
Engineering for Wastewater Aeration Equipment Replacement
To: Kathy Merrill, Interim City Manager
From: David Coleman, Director of Water Services.
Agenda Caption: Presentation, possible action, and discussion regarding approval of
professional services contract #13-278, with Bury & Partners Inc. in the amount of $97,300
for the Wastewater Aeration Equipment Replacement project.
Relationship to Strategic Goals: Core services and infrastructure
Recommendation: Staff recommends approval.
Summary: The wastewater treatment process requires a large volume of air injected into
the treatment tanks for proper and efficient treatment and to minimize odors. This contract
will provide engineering services to address three functions where the current equipment
has exceeded its service life and must be replaced to ensure the plants will stay within the
discharge permit limits: Carters Creek Plants 4 & 5 Aeration Blowers, Sludge Holding Tank
# 1 Air Diffusers, and Lick Creek Sludge Aeration Blowers. This project requires
professional engineering services, since it is not possible to purchase identical replacement
equipment, and under the Engineering Practices Act, must be stamped by a P.E.
Bury & Partners Inc was selected as most qualified for this project, as a continuation of an
ongoing project for the headworks facility. Funding for this engineering contract is
budgeted and available in FY-13. Funds for the construction contract are being
programmed for FY-14 through the ongoing budget process.
Budget & Financial Summary: Funds have been budgeted and are available within the
Wastewater Capital Improvement Project Fund for this design contract.
Reviewed and approved by Legal: Yes
Attachment:
Contract available in City Secretary’s office
44
June 27, 2013
Consent Agenda Item No 2g
Renewal of Annual Price Agreement for
the Purchase of Cement Stabilized Rock
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation possible action and discussion regarding the renewal of an
annual price agreement with Brazos Paving Inc for the purchase of Cement Stabilized Base
Rock in an amount not to exceed $248,000.
Relationship to Strategic Goals:
1. Financially Sustainable City
2. Core Services and Infrastructure
Recommendation: Staff recommends approval of the annual price agreement.
Summary: Bids were requested for an annual price agreement for Cement Stabilized Base
Rock on June 24, 2011. One bid was received from Brazos Paving Inc for $248,000 for
material to be picked up by City crews for a unit price of $31.00 per ton. The maximum
amount of material that would be ordered during a one year period is 8,000 tons material has
a relatively short life span and cannot be stockpiled because it has a percentage of Portland
cement added to it. Cement stabilized rock is use when soil conditions require a base for a
pavement repair. When a job requires it a Street and Drainage crew will pick up the material
at the plant for use on the same day. This is renewal one of two allowable renewals.
Budget Financial Summary: Funds are budgeted and available in the Street Maintenance
Fund.
Reviewed and Approved by Legal: N/A
Attachments
1. Signed Second Renewal Agreement – Bid 11-97 R2
45
erry OF COLLI X;I ~ STATH)0: HOllie affi'x,1,\' Ac)"M Ullit}tr,i~)1' May 28,2013 ATTN:
... bttlld6ft AlfOrd ~\\ly-=a.£,t.tJ i {-+
Brazos Paving, Inc.
Hwy21 West
Bryan, TX 77801
RE: Second Renewal-BID 11-97
Annual Price Agreement for Cement Stabilized Rock
Dear Mr. Alford
The City of College Station appreciates the services provided by Brazos Paving, Inc. this past
year. We would like to exercise our option to renew the above referenced price agreement for
the term of July 18,2013 through July 17,2014.
If this meets with your company's approval, please complete this renewal price agreement, and
return it no later than June 14, 2013. We will then issue your company a new purchase order
effective July 18,2013 through July 17,2014.
Should you have any questions, please call me at (979) 764-3437.
Sincerely,
(j#!tJW ~r.v
Heather Pavelka
Buyer
Attachment
PO Box 9960
1101 Texas Avenue
College Station, IX 77842
www.cstx.gov
46
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• I ' RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the Annual Price Agreement for Cement Stabilized Rock as stated in BID 11-97 and in accordance with all terms and conditions previously agreed to and accepted at $31,OOlton, for an amount not to exceed Two Hundred Forty Eight Thousand Dollars and 00/100 ($248,000.00). I understand this renewal term will be for the period beginning July 18,2013 through July 17, 2014. This is the second renewal.
BRAZOS PAVING, INC
47
June 27, 2013
Consent Agenda Item No 2h
Renewal of Annual Price Agreement for
the Purchase of Crack Sealant Detack Material
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation possible action and discussion regarding the
renewal of an annual price agreement with Crafco Texas Inc for the purchase of
Crack Sealant and Detack Material in the amount of $121,660.65.
Relationship to Strategic Goals:
1. Financially Sustainable City
2. Core Services and Infrastructure
Recommendation: Staff recommends approval of the annual price agreement.
Summary: Bids (Bid 11 93) were requested for an annual price agreement for
Crack Sealant and Detack Material on June 21, 2011. Crafco Texas Inc. agrees to a
first renewal of two allowable annual renewals as follows:
Original Bid Amount
Poly Flex III $0.55/lb. $0.59/lb.
Renewal with 8% increase
Detack $8.15/gal $8.80/gal.
The original agreement amount was not to exceed $112,648.75 and the increased
amount at 8% will not exceed $121,660.65.
Budget Financial Summary: Funds are budgeted and available in the Street
Maintenance Fund.
Reviewed and Approved by Legal: N/A
Attachments
1. Signed Second Renewal Agreement – Bid 11-93 R2
48
May 28, 2013
ATTN:
William T. Frerichs
Crafco Texas, Inc.
105 Tower Dr.
San Antonio, TX 78232
RE: Second Renewal-BID 11-93
Annual Price Agreement for Crack Sealant and Detack Sealant
Dear Mr. Frerichs,
The City of College Station appreciates the services provided by Crafco Texas, Inc., this past
year. We would like to exercise our option to renew the above referenced price agreement for
the term ofJuly 18,2013 through July 17,2014.
If this meets with your company's approval, please complete this renewal price agreement, and
return it no later than June 14, 2013. We will then issue your company a new purchase order
effective July 18, 2013 through July 18, 2014.
Should you have any questions, please call me at (979) 764-3437.
Sincerely,
cffi~·fkA~
Heather Pavelka
Buyer
Attachment
PO B, 9960
1hll Texas Avenue
TX 77842
49
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••1 RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew the Annual Price Agreement for Crack Sealant and Detack Sealant as stated in BID 11-93 and in accordance with all tenns and conditions previously agreed to and accepted, with a previous vendor requested price increase of eight percent (8%). The pricing of Crack Sealant, Polyflex Type III will be $0.59/Ib, and Detack Sealant will be $8.80/gal, for a total amount not to exceed One Hundred Twenty One Thousand Six Hundred Sixty Dollars and 65/100 ($121,660.65).
I understand this renewal tenn will be for the period beginning July 18, 2013 through July 17,
2014. This is the second renewal.
CRAFCO TEXAS, INC
Date : ___-""'IIIi:....--=--..!..----'-..::...
50
June 27, 2013
Consent Agenda Item No 2i
Annual Purchase of Crushed Stone
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation, possible action and discussion on a bid award for
Annual Agreement for the annual purchase of crushed stone to Superior Crushed
Stone for an amount not to exceed $462,000.00.
Relationship to Strategic Goals:
1. Financially Sustainable City
2. Core Services and Infrastructure
Recommendation: Staff recommends approval of the annual price agreement.
Summary: Six (6) sealed competitive bids were received and opened on June 3,
2013. The lowest responsible bidder was Superior Crushed Stone, LC. in the
amount of $462,000.00 for materials to be delivered to City. Maximum annual
estimated quantities were bid as follows: 10,000 tons of crushed stone at
$20.50/ton, 6,000 tons of crushed limestone at $24.50/ton and 4,000 tons of rip
rap at $27.50/ton.
Staff is familiar with the quality of the recommended bidder’s products, their
reputation and the long term cost for acquiring the products from the vendor
recommended. Upon Council approval, a blanket purchase order will be issued to
Superior Crushed Stone, LC.
Budget & Financial Summary: Funds are budgeted and available in the Street
Maintenance Fund.
Reviewed and Approved by Legal: N/A
Attachments:
1. Bid Tabulation #13-072
51
City of College Station - Purchasing Division
Bid Tabulation for #13-072
"Annual Purchase of Crushed Stone"
Open Date: Monday, June 3, 2013 @ 2:00 p.m.
Item Qty Unit of
Measure Description Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
1 10,000 tons
Crushed Stone, Type A, Grade 2, in
accordance with TSDHPT 1993 Standard
Specs, Item # 247
$18.25 $182,500.00 $22.95 $229,500.00 $20.50 $205,000.00 $23.32 $233,200.00 $19.42 $194,200.00 $6.50 $65,000.00
2 6,000 tons Crushed Limestone, 1" - 3" Bedding Rock $29.95 $179,700.00 $24.50 $147,000.00 $30.32 $181,920.00 $30.08 $180,480.00 $12.00 $72,000.00
3 4,000 tons Rip Rap $29.95 $119,800.00 $27.50 $110,000.00 $30.08 $120,320.00 $20.00 $80,000.00
Total Bid Amount
Bid Certification
Delivery Date
Prompt Payment Discount
Exceptions
N
Conners Crushed Stone
$217,000.00
Y
N
Vendor did not properly fill in the
bid form. Quoted unit price did not
include delivery. Vendor chose to
withdraw their bid.
per request 31 days
Statewide Materials Transport
$495,000.00
Y
N
Knife River Corporation South
$415,120.00
Y
N
Minimum 14 ton load required for
delivery. Must be allowed to dump
and release within 15 minutes of
arrival.
1 day 2 days if in stock, 3 weeks if not
Superior Crushed Stone, LC
$462,000.00
Y
N
Vendor bid on Type D Crushed
Stone instead of the specified Type
A.
Brazos Site Works, LP
$529,000.00
Y
N
30 days 3 days
Brazos Paving, Inc.
$182,500.00
Y
52
June 27, 2013
Consent Agenda Item No. 2j
Project Number WF1544836
Area 2 Waterline
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation, possible action, and discussion on a Professional
Services Contract with Jones and Carter, Inc., in the amount of $190,200, for the
design, bidding, and construction administration services associated with the Area 2
Waterline Project.
Relationship to Strategic Goals:
1. Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the professional services
contract.
Summary: Jones and Carter, Inc., was contacted to submit a proposal for the final
design of the Area 2 Waterline project based upon their selection as being the most
highly qualified firm in RFQ #13-039.
In 2010, the City and the Wellborn SUD finalized a water Service Area (CCN)
settlement agreement in which the City acquired the water CCN area near Arrington
Road and Greens Prairie Road. As part of the settlement, the City agreed to
disconnect the existing Wellborn customers in this area, and reconnect them onto
the City’s water distribution system. The City will construct new water lines to
provide adequate water service to this area, to support future development.
The scope of this contract is for design, bidding, and construction administration
services for water distribution lines along Greens Prairie Road, Arrington Road, and
Whites Creek Lane.
Budget & Financial Summary: The budget for this project is $1,224,780. Funds
in the amount of $210.83 have been expended or committed to date, leaving a
balance of $1,224,569.17 for this contract and construction.
Attachments:
1. Project Location Map
53
^
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.G!.
G!.G!.
G!.
G!.G!.G!.G!.G!.
G!.
G!.
G!.G!.
G!.
G!.G!.
G!.G!.G!.G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.G!.G!.G!.G!.
G!.
G!.
G!.G!.
G!.G!.
G!.
G!.
G!.
G!.G!.G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.G!.G!.G!.
G!.
G!.
G!.G!.
G!.G!.
G!.
G!.
G!.G!.
G!.G!.
G!.
G!.
G!.G!.
G!.
G!.G!.G!.G!.G!.G!.G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.G!.G!.
G!.
G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.G!.
G!.
G!.
G!.G!.G!.G!.G!.G!.G!.G!.G!.
G!.G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.G!.
G!.G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.G!.G!.G!.
G!.G!.
G!.G!.
G!.G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.G!.
G!.
G!.G!.
G!.
G!.
G!.
G!.
G!.
G!.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!
!
!!!!!!!!
!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!
!
!
!
!
!
!
!
!
!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!SH 6 SOUTH
FRONTAGE 6 ROAD EAST
LAKEWAY DRIVE
ARRI
NGTON ROADGREENS PRAIRIE ROAD WESTFRONTAGE 6 ROAD WESTBARRON ROADW IL L IA M D F IT C H P A R K W A Y
HARPERS F ERRY ROAD
VICTORIA AVENUE
NANTUCKET DRI
V
E
NEWPORT LANE ALLEYDECATUR DRIVE
ST ANDREWS D
R
I
V
E
ALEXANDRIA AVENUE
WAYFARER LNO A K S D R IV E S O U TH
C A STLEGATE DRIVESPEARM A N D R IV E
ONRAMP 6 S
OLD ARRI
NGTON ROADMARI
N
E
R
S C
O
V
E
ONRAMP 6 N
NORWICH DRIVE MISTY LAN E
MIDS UM ME R LA NESOUTHERN PLANTATION DRIVEOFFRAMP 6 S PARKVIEW DRIVEONYX DRIVER O C K B E N D D R IV E
WINDHAM RANCH RDODELL LANEREGAL O AK S DR IVE AGATE DRIVES
C
RI
M
S
H
A
W
L
A
N
E
REATTA LANE
WHITE'S CREEK LN FIRESTONE DRIVEPRIVATE DRIVE GBERR Y CREEKROYAL ADELA D E DRIVETUCKER NUCKSHOAL CREEK D R I V E
R O C K Y R H O D E S D R IV E QUAL IT Y C IRCLENORHAM DRIVEOFFRAMP 6 NSTONY CREEK LANE
POMEL DRIVE SAPPHIRE DRIVERAVENS T O N E LOOPBARNSTABLE HA R B O R
PRIVAT E D R I VE C
CAS T L E R O CK PARKWA
YMARKHAM LANEGREENS PRAIRIE TRAILSANDPIPER CO VEPRIVATE DRIVE DVENTURE DRIVEWINDRIFT COVENEW AR K CIRCLECARLISLE COURTLAPIS COURT
R O C K I N GHAM LOOPPOST OAK BENDBARCHETTA DRIVEROCKCLIFF E L O OP ROCKY V IS T A D R IV E
HADLEIGH LANE HUNTER CREEK DRIVESPRING GARDEN DRIVESKYLINE COURTP UBLIC ALLEYLADOVE DRIVEDELREY DRIVEHALIFAX DRIVE
TODDINGTON LANE
CAMBER COURT PRIVATE DRIVE AFARAWAY IS
L
A
N
D D
RIVEWINGED FOOT DRIVES E A M IST LANEPARNELL DRIV E
SPRINGMIST DRIVE
HANNA COURT
AMBERLEY PLACE HO LLO W S T O N E D R IV EREMINGTON COURTKENDAL GREEN CIRCLEROCKY CREEK TRAILHEATH DRIVEA PPLE B Y PLA C EWINDMEADOWS DRIVE
GATEWAY BOULEVARDE D INBURGH P L A C E TECHNOLOGY WAYP L U M H O LLOW DRIVEDAYTON COURTEBBTIDE COVEFINCASTL E LOOPSCOFFIELD DRIVECANDACE COURTPUTTER COURTHOGAN ALLEYSAPPHIRE COURT
VELEN
C
IA
CT DRIVER COURTBLUEFIELD COURTCRAYKE PLACE
SLICE COURT
PICKERING PLACELOCHBURY COURTBRACEY COURTBAYWOOD COURTAGATE COURTW.S. PHILLIPS PARKWAYMALLORY COURTFRONTAGE 6 ROAD WEST
SH 6 SOUTH
ARRINGTON ROAD
VICTORIA AVENUEONRAMP 6 S
ARRING T O N R O AD
1.5"3"8"8 "
ANNEX ARE A 2 WATER LINEEXTENSION CI P(WEL LBORN WATERCCN TRAN SFER)
JANUARY 2013
´File: 84405_College_Station_WWMP\MapDocs\arcmap\CSWWMP_Sewersheds_11x17_v1.mxd1 inch = 1,000 feet
College St ation Ci ty Limits
Annex Area 2 CCN ToBe Tr anfer red
Preliminary "Annex Area 2Water Line Ext ension CIP" Alignment
Legend:!!!!!!!!Existi ng COCS WL
Tr ansferred Water Line
54
June 27, 2013
Consent Agenda Item No. 2k
Professional Services Change Order for
Lick Creek Wastewater Treatment Plant Miscellaneous Improvements
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding a change
order to the professional services contract with HDR, Inc. (Contract #10-152) in the
amount of $7,963.00 for the Lick Creek Wastewater Treatment Plant Miscellaneous
Improvements Project.
Relationship to Strategic Goals:
1. Core Services and Infrastructure
Recommendation: Staff recommends approval of this change order.
Summary: Contract 10-152 was awarded to HDR, Inc. in April 2010 to provide
engineering design services for the Lick Creek Miscellaneous Improvements project
consisting of:
• Return activated sludge improvements.
• Waste sludge holding tank improvements
• Process control improvements
• Clarifier catwalks
• Dewatered sludge conveyance system
• Influent pump station guide rails
• New centrifuge
The project is currently in construction and is scheduled to be complete in the fall of
2013. This change order is required for increased labor cost for the design firm to
provide services during construction, since the construction contract schedule has
been extended
Budget & Financial Summary: Funds in the amount of $3,148,249 are currently
budgeted for these projects in the Wastewater Capital Improvement Projects Fund.
Funds in the amount of $2,709,418 have been expended or committed to date,
leaving a balance of $438,831 for this change order and future costs.
Reviewed and Approved by Legal: Yes
Attachments:
1. Change Order
2. Project Location Map
55
56
57
June 27, 2013
Consent Agenda Item No. 2L
Construction & Demolition Debris, Organic Waste, Recycling Collection
Franchise Agreement Amendment Second Reading-
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
To: Kathy Merrill, Interim City Manager
From: Chuck Gilman, P.E., PMP, Public Works Director
Agenda Caption: Presentation, possible action, and discussion on the second
reading of a franchise agreement amendment with Bryan Iron and Metal, Ltd. d/b/a
Texas Commercial Waste; for the collection of construction and demolition debris,
recycling, and organic waste collection from multifamily apartments and commercial
business locations, and residential roll-off construction and demolition debris
collection.
Relationship to Strategic Goals:
1. Core Services and Infrastructure.
Recommendation(s): Staff recommends approval of this franchise agreement.
Summary: Currently Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
operates a construction and demolition debris and organic waste franchise
agreement with the City of College Station. The proposed franchise agreement
amendment will add the ability to collect multifamily and commercial recycling.
Construction and demolition debris is defined any building material waste resulting
from demolition, remodeling, repairs, or construction, as well as materials
discarded during periodic temporary facility clean-up generated within the City.
Organic waste is defined as waste of a biological origin recovered from the solid
waste stream for the purposes of reuse, reclamation, or compost. Organic waste is
not solid waste, unless it is abandoned or disposed of, rather than reprocessed into
another product. Organic waste includes food waste, brush, manure, leaves,
mulch, and compost.
Recyclables are defined as materials recovered from the solid waste stream for
reuse or reclamation, a substantial portion of which are consistently used in the
manufacture of products that may otherwise be produced using raw or virgin
materials. Recyclable commodities or recyclables are not solid waste unless they
are abandoned or disposed rather than reprocessed into another product.
The company will be responsible for developing onsite collection of construction and
demolition debris, recyclables, and organic waste; so as not to interfere with the
collection of municipal solid waste (MSW).
58
Section 104 of the City Charter states that “The City of College Station shall have
the power by ordinance to grant any franchise or right mentioned in the preceding
sections hereof, which ordinance, however, shall not be passed finally until it shall
have been read at two (2) separate regular meetings of the City Council.”
Budget & Financial Summary: N/A
Reviewed and Approved by Legal: Yes
Attachments:
1. Franchise Ordinance
59
Ordinance No.
Contract No. 13-096
2013 AMENDMENT TO THE ORDINANCE GRANTING A NON EXCLUSIVE
FRANCHISE WITH TEXAS COMMERCIAL WASTE
Whereas, the City of College Station passed Ordinance No. 2010-3294a on November
10, 2010, entered into a franchise agreement with TEXAS COMMERCIAL WASTE; and
Whereas, TEXAS COMMERCIAL WASTE and the City of College Station desire to
amend the franchise agreement with Ordinance No. 2010-3294a by adding Multifamily and
Commercial Recycling Collection to the franchise (attached hereto as Exhibit A);
Whereas, TEXAS COMMERCIAL WASTE and the City of College Station agree that
all mutual covenants, agreements, terms, and conditions, and valuable consideration from the
original franchise will remain in effect and will apply to this amendment; and
Whereas, the College Station City Council must approve this amendment
NOW, THEREFORE, IN CONSIDERATION of the performance of the
mutual covenants and promises contained herein, TEXAS COMMERCIAL WASTE and the
City of College Station agree and contract as follows:
To amend the original franchise agreement sections I - XXVII, the amendment is
to read as follows:
AN ORDINANCE GRANTING BRYAN IRON AND METAL, LTD., D/B/A TEXAS
COMMERCIAL WASTE, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE
FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND
PUBLIC WAYS WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE
STATION FOR THE PURPOSE OF PROVIDING RESIDENTIAL AND COMMERCIAL
DEMOLITION AND CONSTRUCTION DEBRIS, MULTI-FAMILY AND
COMMERCIAL BUSINESS RECYCLING, AND MULTI-FAMILY AND
COMMERCIAL ORGANIC WASTE COLLECTION; PRESCRIBING THE TERMS,
CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID
FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION;
FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF
ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; AND FOR
PARTIAL INVALIDITY.
Whereas, the City of College Station, by ordinance, provides exclusively all solid waste
collection and disposal services for solid waste generated from within the corporate limits of the
City of College Station; and the City of College Station may, by ordinance and charter, grant
franchises to other entities for the use of public streets, alleys and thoroughfares within the
corporate limits of the City of College Station for the collection and disposal of solid waste
generated from within the corporate limits of the City of College Station; and
Whereas, the City of College Station desires to exercise the authority provided to it by
ordinance and charter to grant a franchise for the collection and disposal of a certain
60
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 2
classification of solid waste generated within the corporate limits of the City of College Station
under the terms of this Franchise Agreement as set out below; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEGE STATION, TEXAS, THAT:
ARTICLE I
DEFINITIONS
1. Contractor means Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste conducting
residential and commercial business demolition and construction debris collection and multi-
family apartment and commercial business recycling and organic waste collection.
2. Brazos Valley Solid Waste Management Inc. or BVSWMA means a landfill operated by
an interlocal agreement.
3. City of College Station or City means the City of College Station, Texas a Home-Rule
Municipal Corporation incorporated under the laws of Texas.
4. City Council or Council means the governing body of the City of College Station, Texas.
5. Class 1 Waste means that term as defined in the Texas Administrative Code as it now exists
or as is hereafter amended.
6. Compactor means a bulk container used for the collection of refuse, equipped with a device
to compact such materials and thereby increasing the storage capacity of the containers.
7. Container means an apparatus of varying capacity used for refuse collection. This apparatus
must have a securable lid. This lid shall remain closed and secured with the exception of
loading and collection. Containers shall not be made of any temporary material.
8. Customer means: those industrial, residential, or commercial premises located within the
City that generate recyclables, demolition and construction debris, or organic waste.
a. Residential Customers
i. Each single-family detached residential unit or residential units in a
building with fewer than a total of four (4) attached residential units in a
complex where each residential unit has been assigned a seventy-gallon
automated solid waste container, receiving weekly garbage, rubbish, brush
and recycling collection.
ii. Each residential unit in a building with fewer than a total of four (4)
attached residential units in a complex the City has not identified as a
multi-family apartment complex, that has been assigned a shared three
hundred-gallon or larger automated solid waste collection container,
61
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 3
receiving twice-per-week garbage collection, weekly curbside recycling
collection, and weekly rubbish/brush collection.
b. Multi-family Customers - Each residential unit in a building with a total of four
(4) or more attached residential units in a complex the City has identified as a
multi-family apartment complex, that has been assigned a large solid waste
container shared by multiple residential units for garbage collection only.
c. Commercial Customers - Any customer who is an enterprise or establishment
whose main purpose is to carry on a commercial for-profit or not-for-profit
activity. Said definition shall include all uses not falling within the category of
residential, including, but not limited to, churches, hospitals, schools and
industries.
d. Industrial Customers- Real property on which manufacture or assembly
employing labor or machinery is carried on for profit.
9. Demolition and Construction Debris means any building material waste resulting from
demolition, remodeling, repairs, or construction, as well as materials discarded during
periodic temporary facility clean-up generated within the City.
10. Franchise Agreement means this franchise between the City of College Station and Bryan
Iron and Metal, Ltd. d/b/a Texas Commercial Waste for provision of demolition and
construction debris, recycling, and organic waste collection from multi-family apartment and
commercial business locations within the City of College Station; and for provision of
residential demolition and construction debris collection within the City of College Station,
under certain terms and conditions set out herein.
11. Organic Waste means waste of biological origin recovered from the solid waste stream for
the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is
abandoned or disposed rather than reprocessed into another product.
12. Recyclables or Recyclable Commodities means materials recovered from the solid waste
stream for reuse or reclamation, a substantial portion of which are consistently used in the
manufacture of products that may otherwise be produced using raw or virgin materials.
Recyclable commodities or recyclables are not solid waste unless they are abandoned or
disposed rather than reprocessed into another product.
13. Residue means the material regularly associated with and attached to recyclable
commodities, as a part of the original packaging or use of that commodity, that is not
recyclable itself.
14. Roll-Off means a container of varying capacity used for refuse collection.
62
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 4
ARTICLE II
GRANT OF NON EXCLUSIVE FRANCHISE
1. Nothing in this Franchise shall be construed as granting an exclusive franchise or right.
City hereby grants Contractor a non-exclusive franchise to operate and establish in the City from
the effective date of the Agreement, to engage in the business of collecting demolition and
construction debris from commercial, industrial, multi-family, and residential sites; and
recyclables and organic waste from commercial, industrial, and multifamily sites, for the purpose
of recycling within the jurisdictional limits of the City.
2. Contractor is granted passage and right-of-way on, along and across the streets, avenues,
rights-of-way, alleys, and highways within the corporate limits of the City, for any such services
and lawful purpose as stated in this Franchise, provided that all such work, activity and
undertakings by Contractor shall be subject to the terms and provisions of this Franchise and the
continuing exercise by the City of its governmental and police powers, and provided further that
nothing herein shall be construed to require or authorize Contractor to exceed any rights granted
herein or by the TCEQ.
ARTICLE III
DISPOSAL SITE TO BE USED
Unless approved otherwise in writing by City, Contractor shall utilize BVSWMA, Inc.
landfill for the disposal of all non-recyclable waste material collected by Contractor within the
corporate limits of the City. Contractor will only use a City-approved recycling facility for
processing all recyclable material collected by Contractor within the corporate limits of the City
under this Franchise Agreement. Contractor shall not dispose of any Class 1 Waste at the
BVSWMA, Inc. landfill.
ARTICLE IV
RATES TO BE CHARGED BY TEXAS COMMERCIAL WASTE
Attached hereto as Exhibit “A” and incorporated herein by reference is the Schedule of
Base Rates, which Contractor shall charge for the aforementioned services. The Contractor shall
notify the City in writing at least 30 days before making any rate changes.
ARTICLE V
PAYMENTS TO CITY
1. For and in consideration of the grant of the franchise herein, Contractor agrees and will
pay during the term of this Franchise, a sum based on the following graduated fee schedule
depending on the percentage of aggregate recycling accomplished.
a. A fee is required equivalent to five percent (5%) of Contractor's monthly gross
delivery and hauling revenues; including rates as described in “Exhibit A”,
generated from Contractor's provision of demolition and construction debris,
recyclable, and organic waste roll-off, compactor, or container collection services
63
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 5
within the City if Contractor reports aggregate recycling of at least sixty percent
(60%) of demolition and construction debris, recyclables, and organic waste
collected.
b. A fee is required equivalent to six and one half percent (6.5%) of Contractor's
monthly gross delivery and hauling revenues; including rates as described in
“Exhibit A”, generated from Contractor’s provision of demolition and
construction debris, recyclable, and organic waste roll-off, compactor, or
container collection services within the City if Contractor’s reports aggregate
recycling of at least fifty-five percent (55%) but less than sixty percent (60%) of
demolition and construction debris, recyclables, and organic waste collected.
c. A fee is required equivalent to eight percent (8%) of Contractor's monthly gross
delivery and hauling revenues; including rates as described in “Exhibit A”,
generated from Contractor’s provision of demolition and construction debris,
recyclable, and organic waste roll-off, compactor, or container collection services
within the City if Contractor reports aggregate recycling less than fifty-five
percent (55%) of demolition and construction debris, recyclables, and organic
waste collected.
2. Any revenue received by Contractor is subject to the franchise fee and shall be computed
into Contractor's monthly gross delivery and hauling revenues, and rates as described in
“Exhibit A”. Payment will be paid quarterly to the City, and shall be due by the twentieth day
(20th) of the month following the end of the previous calendar quarter. Payment after that date
shall incur a ten percent (10%) late fee on the outstanding account balance under this Article V.
3. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to
Perform under this contract and is subject to the provisions of Article XIV of this Franchise
Agreement (FAILURE TO PERFORM).
ARTICLE VI
ACCESS TO RECORDS & REPORTING
City shall have the right, upon reasonable notice and during normal business hours, to
inspect Contractor’s records, billing records of customers served by Contractor, and all papers
relating to the operation of demolition and construction debris, recyclables, organic waste
collection, and disposal within the City. Contractor shall cooperate with City to allow the
inspections.
Along with the payment to the City of the City’s agreed share of revenue from the monthly gross
revenues, delivery revenues, and hauling revenues from collection of demolition and
construction debris, recyclables, organic waste, and rates as described in “Exhibit A”,
Contractor shall provide a Monthly Activity Report due to the City no later than the twentieth
(20th) calendar day of each month, summarizing collection activity for the previous calendar
month. Contractor’s report shall include the following information:
64
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 6
1. Total tonnage of all materials collected from all customers, broken down by material
type.
2. Total tonnage of all materials collected from all customers from within the City,
broken down by material type.
3. Reports of all complaints and investigations received/ action taken by Contractor, and
results or final disposition of complaint and investigation.
4. A report of all Contractor accounts served and monthly revenue derived from the
provision of collecting demolition and construction debris, recyclables, and organic
waste in the City under terms of this franchise. The reports will include customer’s
address, frequency of pick-up, size of container, type of container, and monthly
charges.
5. Such information concerning the business of collection, processing and marketing of
recyclable materials as may be required by the City’s representative.
ARTICLE VII
PLACEMENT OF ROLL-OFFS, COMPACTORS, AND CONTAINERS
1. All roll-off(s), compactor(s), and container(s) placed in service shall be located in such a
manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place
roll-off(s), compactor(s), or container(s) on public streets, alleys or thoroughfares without the
prior written approval of the City. City reserves the right to designate the exact location of any
or all roll-off(s), compactor(s), or container(s) placed in service in the City.
2. Demolition and construction debris, recycling, and organic waste collection shall not
interfere with the City’s collection of municipal solid waste.
3. Under no circumstances shall contractor place roll-off(s), compactor(s), or container(s) in
existing enclosures designated for City roll-off(s), compactor(s), and container(s).
ARTICLE VIII
CONTAINER AND EQUIPMENT MAINTENANCE
1. Contractor’s vehicles shall at all times be clearly marked with Contractor’s name,
address, telephone number and if applicable, state permit number, in letters not less than three (3)
inches in height. All equipment necessary for the performance of this franchise shall be in good
condition and repair.
2. Contractor agrees to paint and properly maintain in a safe, clean, and sanitary condition,
all roll-off(s), compactor(s), or container(s) placed out for service within the City. Organic waste
and recycling roll-off(s), compactor(s), and container(s) must be clearly marked as used for
65
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 7
“Organic Waste Only” or “Recyclables Only” in letters at least twelve inches (12”) in height on
the sides of the roll-off container(s), compactor(s), or container(s).
3. All vehicles used by Contractor in the removal of demolition and construction debris,
organic waste, and recyclables must be covered during transport to prevent spillage, blowing, or
scattering of refuse onto public streets or rights of way, private property or adjacent property. A
stand-by vehicle shall always be available.
ARTICLE IX
COMPLAINTS REGARDING SERVICE/SPILLAGE
Contractor shall handle directly any complaints pertaining to customer service, property
damage or personal injury from their collection service. Any complaints received by City shall
be forwarded to Contractor within twenty-four (24) hours of receipt by City. Contractor shall
respond to all complaints within twenty-four (24) hours of receiving notice of complaint from
City, shall resolve complaints promptly, and shall report to City the action taken. Failure by
Contractor to respond and report to City on action taken within this twenty-four (24) hour period
may subject Contractor to a $100.00 per incident charge from City, payable with the next
payment due City under Article V of this Franchise Agreement.
ARTICLE X
COMPLIANCE WITH LAWS
1. This ordinance shall be construed in accordance with the City’s Charter and Code of
Ordinances in effect on the Effective Date of this ordinance to the extent such City Charter and
Code of Ordinances are not in conflict with or in violation of the Constitution and Laws of the
United States or the State of Texas.
2. This Ordinance shall be governed in accordance with the Laws of the State of Texas.
Performance and all matters related thereto shall be in Brazos County, Texas, United States of
America.
3. Notwithstanding any other provision in this franchise to the contrary, City and Contractor
shall at all times comply with all laws, rules, and regulations of the state and federal government
and any administrative agencies thereof, with respect to the subject matter of this Ordinance.
4. All collections made under this Agreement shall be made by Contractor without
unnecessary noise, disturbance, or commotion.
ARTICLE XI
UNDERSTANDINGS PERTAINING TO NON-EXCLUSIVITY
This Franchise Agreement contains all the terms and conditions agreed on by the parties
and no other agreements, or otherwise, regarding the subject matter of this franchise shall be of
any force or effect. Both parties agree and understand that nothing in this Franchise Agreement
66
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 8
conveys to Contractor an exclusive franchise for the services described in this franchise and that
this franchise is non-exclusive.
ARTICLE XII
OWNERSHIP OF MATERIALS
Sole and exclusive title to all demolition and construction debris, recyclables or organic
waste collected by Contractor under this Franchise Agreement will pass to Contractor when the
debris is placed on Contractor’s truck.
ARTICLE XIII
CITY SERVICE
Contractor agrees to provide free service to City following natural disasters or acts of
God.
ARTICLE XIV
FAILURE TO PERFORM
It is expressly understood and agreed by the parties that if, at any time, Contractor shall
fail to perform any of the terms, covenants, or conditions herein set forth, City may, after hearing
as described herein, revoke and cancel the Franchise Agreement by and between the parties and
said Franchise Agreement shall be null and void. Upon the determination by the staff of C ity
that a hearing should be held before the Council of said City, City shall mail notice to
Contractor, at the address designated herein or at such address as may be designated from time to
time, by registered mail. The notice shall specify the time and place of the hearing and shall
include the allegations being asserted for the revocation of this Franchise Agreement. The
hearing shall be conducted in public before the City Council, and Contractor shall be allowed to
present evidence and have an opportunity to answer all allegations for the termination set forth in
the notice. In the event the Council determines the allegations set forth are true as set forth in the
notice, it may by majority vote cancel this Franchise Agreement between the parties at no
penalty to the City.
ARTICLE XV
RELEASE AND INDEMNIFICATION
1. Contractor assumes full responsibility for the work to be performed hereunder, and
hereby releases, relinquishes, and discharges City, its officers, agents and employees, from
all claims, demands, and causes of action of every kind and character including the cost of
defense thereof, for any injury to, including death of, any person whether that person be a
third person party, Contractor, or an employee of either of the parties hereto, and any loss
of or damage to property, whether the same be that of either of the parties hereto or of
third parties, caused by or alleged to be caused by, arising out of or in connection with the
grant of this franchise to Contractor, whether or not said claims, demands and causes of
action in whole or in part are covered by insurance.
67
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 9
2. Contractor agrees to and shall indemnify and hold City harmless and defend the
City, its officers, agents and employees from and against any and all claims, losses,
damages, causes of action, suits, and liability of every kind, including all expenses of
litigation, court costs, and attorneys' fees, for injury to or death of any person, and for
damage to any property, out of or in connection with operation of Contractor’s recycling
business under this franchise and disposal or resale of the recyclable waste collected by it,
and arising out of or in connection with the performance of this Agreement, whether the
Contractor's negligence is the sole or concurring cause of the injury, death, or damages,
and whether the City’s negligence is the sole or concurring cause of the injury, death, or
damages. It is the express intention of the parties hereto, that the indemnity provided for
hereinabove is intended by the Contractor to indemnify and protect the City from the
consequences of both the City's own negligence, whether that negligence is the sole or a
concurring cause of the injury, death or damage; or the Contractor's negligence, whether
that negligence is the sole or a concurring cause of the injury, death or damage.
3. Contractor assumes responsibility and liability and hereby agrees to indemnify the
City from any liability caused by Contractor’s failure to comply with applicable federal,
state, or local laws and regulations, touching upon the maintenance of a safe and protected
working environment, and the safe use and operation of machinery and equipment in that
working environment.
ARTICLE XVI
INSURANCE
1. For the duration of this Agreement, Contractor shall procure and maintain, at its sole cost
and expense, insurance against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work under the terms of this Agreement
by Contractor, its agents, representatives, volunteers, employees, or subcontractors.
2. Contractor's insurance shall be endorsed to name the City as additional insured.
Contractor’s insurance shall be primary with respect to the City, its officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officials, employees, or
volunteers, shall be considered in excess of Contractor's insurance and shall not contribute to it.
3. Contractor shall include any and all subcontractors as additional insureds under its
policies. All coverages for subcontractors shall be subject to all of the requirements and
endorsements stated herein.
4. Certificates of Insurance and endorsements shall be furnished to City and approved by
City before work commences. During the term of this Agreement, Contractor’s insurance
policies shall meet the following requirements:
a. Standard Insurance Policies Required
1. Commercial General Liability
2. Business Automobile Liability
68
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 10
3. Workers' Compensation
b. General Requirements Applicable to All Policies
1. Only Insurance Carriers licensed and authorized to do business in the State of
Texas will be accepted.
2. Deductibles shall be listed on the Certificate of Insurance and are acceptable only
on a per occurrence basis for property damage only.
3. "Claims Made" policies are not accepted.
4. Coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits of liability, except after thirty (30) days prior written notice has been given
to the City of College Station.
5. In the event of a claim and upon request, Contractor shall furnish copies of all
insurance policies to the City of College Station.
6. The City of College Station, its officials, employees and volunteers, are to be
named as “Additional Insured” on the Commercial General and Business
Automobile Liability policies. The coverage shall contain no special limitations
on the scope of protection afforded to the City, its officials, employees or
volunteers.
c. Commercial General Liability
1. General Liability insurance shall be written by a carrier with a “A: VIII” or better
rating in accordance with the current A. M. Best Key Rating Guide.
2. Limit of $1,000,000.00 per occurrence for bodily injury and property damage
with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed
per Project.
3. Coverage shall be at least as broad as ISO form CG 00 01.
4. No coverage shall be excluded from the standard policy without notification of
individual exclusions being attached for review and acceptance.
5. The coverage shall include but not be limited to the following:
premises/operations with separate aggregate; independent contracts;
products/completed operations; contractual liability, MSC 90 Pollution Coverage.
d. Endorsements
1. The additional insured endorsement shall be in a form at least as broad as ISO
form GC 2026. Waiver of subrogation in a form at least as broad as ISO form
2404 shall be provided in favor of the City on all policies obtained by the
Contractor in compliance with the terms of this Agreement. Contractor shall be
responsible for all deductibles on any policies obtained in compliance with the
terms of this Agreement. All coverage for subcontractors shall be subject to the
requirements stated herein. All Certificates of Insurance and endorsements shall
be furnished to the City’s Representative at the time of execution of this
Agreement, attached hereto as Exhibit “B”, and approved by the City before
work commences.
69
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 11
e. Workers Compensation Insurance
1. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas
Administrative Code, all employees of the Contractor, all employees of any and
all subcontractors, and all other persons providing services on the Project must be
covered by a worker’s compensation insurance policy, either directly through
their employer’s policy (the Contractor’s or subcontractor’s policy) or through an
executed coverage agreement on an approved Texas Department of Insurance
Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor
does not have his or her own policy and a coverage agreement is used, contractors
and subcontractors must use that portion of the form whereby the hiring
contractor agrees to provide coverage to the employees of the subcontractor. The
portion of the form that would otherwise allow them not to provide coverage for
the employees of an independent Contractor may not be used.
2. Workers’ compensation insurance shall include the following terms:
A. Employer’s Liability minimum limits of $1,000,000.00 for each
accident/each disease/each employee is required.
B. “Texas Waiver of Our Right to Recover From Others Endorsement, WC
42 03 04” shall be included in this policy.
C. Texas must appear in Item 3A of the Workers Compensation coverage or
Item 3C must contain the following: All States except those listed in Item
3A and the States of NV, ND, OH, WA, WV, and WY.
3. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas
Administrative Code, the bid specifications, this Agreement, and all subcontracts
on this Project must include the following terms and conditions in the following
language, without any additional words or changes, except those required to
accommodate the specific document in which they are contained or to impose
stricter standards of documentation:
Definitions:
A. Certificate of coverage (“certificate”) – An original certificate of
insurance, a certificate of authority to self-insure issued by the Division of
Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or
DWC-84), showing statutory workers’ compensation insurance coverage
for the person's or entity's employees providing services on a project, for
the duration of the project.
B. Duration of the project - includes the time from the beginning of the work
on the project until the Contractor’s/person’s work on the project has been
completed and accepted by the governmental entity.
70
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 12
C. Persons providing services on the project (“subcontractors” in § 406.096
[of the Texas Labor Code) - includes all persons or entities performing all
or part of the services the Contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the
Contractor and regardless of whether that person has employees. This
includes, without limitation, independent Contractors, subcontractors,
leasing companies, motor carriers, owner-operators, employees of any
such entity, or employees of any entity which furnishes persons to provide
services on the project. “Services” include, without limitation, providing,
hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. “Services” does not
include activities unrelated to the project, such as food/beverage vendors,
office supply deliveries, and delivery of portable toilets.
4. The Contractor shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the duration of
the project.
5. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
6. If the coverage period shown on the Contractor’s current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of the
coverage period, file a new certificate of coverage with the governmental entity
showing that coverage has been extended.
7. The Contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
A. a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of
coverage showing coverage for all persons providing services on the
project; and
B. no later than seven calendar days after receipt by the Contractor, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project.
8. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
9. The Contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 calendar days after the Contractor knew or should
have known, of any change that materially affects the provision of coverage of
any person providing services on the project.
10. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Division of Workers Compensation, informing all
71
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 13
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
11. The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
A. Provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
of its employees providing services on the project, for the duration of the
project;
B. Provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
C. Provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
D. Obtain from each other person with whom it contracts, and provide to the
Contractor:
i. A certificate of coverage, prior to the other person beginning work
on the project; and
ii. A new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
E. Retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
F. Notify the governmental entity in writing by certified mail or personal
delivery, within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of coverage of
any person providing services on the project; and
G. Contractually require each person with whom it contracts to perform as
required by paragraphs (a) - (g), with the certificates of coverage to be
provided to the person for whom they are providing services.
12. By signing this contract, or providing, or causing to be provided a certificate of
coverage, the Contractor is representing to the governmental entity that all
employees of the Contractor who will provide services on the project will be
covered by workers’ compensation coverage for the duration of the project; that
the coverage will be based on proper reporting of classification codes and payroll
amounts; and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the Commission’s Division
of Self-Insurance Regulation. Providing false or misleading information may
72
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 14
subject the Contractor to administrative penalties, criminal penalties, civil penal-
ties, or other civil actions.
13. The Contractor’s failure to comply with any of these provisions is a breach of
contract by the Contractor that entitles the governmental entity to declare the
contract void if the Contractor does not remedy the breach within ten calendar
days after receipt of notice of breach from the governmental entity.
f. Certificates of Insurance shall be prepared and executed by the insurance company
or its authorized agent, and shall contain the following provisions and warranties:
1. The company is licensed and authorized to do business in the State of Texas.
2. The insurance policies provided by the insurance company are underwritten on
forms provided by the Texas State Board of Insurance or ISO.
3. All endorsements and insurance coverages according to requirements and
instructions contained herein.
4. The form of the notice of cancellation, termination, or change in coverage
provisions to the City of College Station.
5. Original endorsements affecting coverage required by this section shall be
furnished with the certificates of insurance.
ARTICLE XVII
ASSIGNMENT
This Agreement and the rights and obligations contained herein may not be assigned by
Contractor without the specific prior written approval of the City Council. The Contractor may
request assignment of the Contractor’s rights or obligations under this Agreement upon written
request to the City. City shall take the requested assignment before the City Council within thirty
(30) days of receipt of request from Contractor, and will be recommended for approval by staff
unless deemed unreasonable.
ARTICLE XVIII
SAFETY AND LIABILITY FOR INJURIES TO CITY OR ABUTTING PROPERTY
1. Contractor shall perform the collection in accordance with the applicable laws, codes,
ordinances and regulations of the United States, State of Texas, Brazos County, and City of
College Station and in compliance with OSHA and other laws as they apply to its employee s. It
is the intent of the parties that safety precautions are part of the collection techniques for which
Contractor is solely responsible. In carrying on the services herein provided for, Contractor shall
use all proper skill and care, and Contractor shall exercise all due and proper precautions to
prevent injury to any property, or person(s).
2. Contractor shall pay for all damages to City property resulting from the operation of its
service, and shall pay every owner of property abutting the residential property on which the
container is located, for all damages or injuries caused by any act or omission of Contractor or of
any of its subcontractors or employees in the operation of the Contractor service.
73
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 15
ARTICLE XIX
AD VALOREM TAXES
Contractor agrees to render all personal property utilized in its solid waste operation
services to Brazos County Appraisal District so said personal property will be the subject of ad
valorem taxation for the benefit of City.
ARTICLE XX
NOTICES AND PAYMENTS
1. All notices and payments required under the terms of this Contract to be given by either
party to the other party shall be in writing, and unless otherwise specified in writing by the
respective parties, shall be sent to the parties at the addresses following:
Recycling Coordinator Ron Schmidt
City of College Station General Manager
P.O. Box 9960 Texas Commercial Waste
College Station, Texas 77842 P. O. Box 645
Bryan, Texas 77806
2. All notices shall be deemed to have been properly served only if sent by Registered or
Certified Mail, to the person(s) at the address designated as above provided, or to any other
person at the address which either party may hereinafter designate by written notice to the other
party.
ARTICLE XXI
PENALTY
Any person, firm or corporation violating any provision of this ordinance shall receive a
citation and fine not to exceed $2,000.00 for each offense, and each and every day said violation
continues constitutes a separate offense.
ARTICLE XXII
AMENDMENTS
It is hereby understood and agreed by the parties to this franchise that no amendment to
the terms of this franchise shall be made unless made in writing, approved by both parties, and
attached to this Franchise Agreement to become a part hereof.
ARTICLE XXIII
SEVERABILITY
If any section, sentence, clause, or paragraph of this Agreement shall be held to be
invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The parties shall use their best efforts to replace the invalid, illegal or unenforceable provision(s)
74
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 16
of this Agreement with valid legal terms and conditions approximating the original intent of the
parties.
ARTICLE XXIV
AUTHORIZATION TO EXECUTE
The parties signing this Franchise Agreement shall provide adequate proof of their
authority to execute this Franchise Agreement. This Franchise Agreement shall inure to the
benefit and is binding upon the parties hereto and their respective successors or assigns, but shall
not be assignable by either party without the written consent of the other party.
ARTICLE XXV
TERM AND TERMINATION OF FRANCHISE
1. The term of this Franchise Agreement shall be for a period of five (5) years beginning on
the date of acceptance.
2. In addition to all other rights and powers retained by City under this Franchise or
otherwise, City reserves the right to declare this Franchise forfeited and to terminate the
Franchise and all rights and privileges of Contractor hereunder in the event of a material breach
of the terms, covenants, or conditions herein set forth. A material breach by Contractor shall
include, but not be limited to, the following:
a. Failure to pay the fees prescribed by Article V
b. Failure to materially deliver the services provided for in this Franchise
c. Material misrepresentation of fact in the application for or negotiation of this Franchise
d. Conviction of any director, officer, employee, or agent of Contractor of the offense of
bribery or fraud connected with or resulting from the awarding of this Franchise
e. Material misrepresentations of fact knowingly made to City with respect to or regarding
Contractor’s operations, management, revenues, services or reports required pursuant to
this Franchise
f. Revocation or denial of registration or renewal of registration by TCEQ
g. Excessive interruption in service for a period of seventy-two (72) hours or more due to
causes other than force majeure
3. Contractor shall not be excused by mere economic hardship nor by misfeasance or
malfeasance of its directors, officers, or employees.
4. City may after a hearing as described herein, revoke and cancel this Franchise by and
between the parties and said Franchise shall be null and void. City shall mail notice to
Contractor, at the address designated herein or at such address as may be designated from time to
time, by registered mail. The notice shall specify the time and place of the hearing and shall
include the allegations being asserted for the revocation of this Agreement. The hearing shall be
conducted in public before the City Council, and Contractor shall be allowed to present evidence
and be given an opportunity to answer all allegations for the termination set forth in the notice.
75
76
77
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 19
EXHIBIT “A”
SCHEDULE OF BASE RATES
78
Bryan Iron and Metal, Ltd. d/b/a Texas Commercial Waste
Franchise Agreement for Demolition & Construction Material
Multifamily & Commercial Recycling & Organic Waste 20
EXHIBIT “B”
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
79
June 27, 2013
Consent Agenda Item No. 2m
Authorization to Disburse Grant Funding to Reynolds & Reynolds, Inc.
To: Kathy Merrill, Interim City Manager
From: Randall Heye, Economic Development Analyst
Agenda Caption: Presentation, possible action, and discussion authorizing the
payment of Retention and Expansion, and Payroll Grants in a total amount of
$40,000 to Reynolds & Reynolds.
Relationship to Strategic Initiatives: Diverse Growing Economy
Recommendation(s): In fulfillment of the City’s contractual obligation, staff
recommends approval of a $40,000 payment to Reynolds & Reynolds for
performance in 2012.
Summary: On December 14, 2006 the City Council unanimously approved an
Economic Development Agreement with Reynolds & Reynolds to provide Retention
and Expansion, and Payroll Grants for economic performance at their 200 Quality
Circle location in the Business Center at College Station. The term of this agreement
is ten years and the total maximum amount of all applicable grants is $550,000.
This payment represents the sixth annual disbursement. Reynolds & Reynolds
previously received $45,000 for 2007, 2008, 2010, and 2011 as well as $40,000 for
2009 performance.
The Retention and Expansion component of the agreement requires Reynolds &
Reynolds to maintain real and personal property of at least $24 million and maintain
an annual payroll of $18 million. As a performance incentive, the agreement provides
for Reynolds & Reynolds to receive a Retention and Expansion Grant in an amount of
$30,000 and a Payroll Grant of $5,000 for each $1 million increment in additional
payroll over an $18 million minimum.
Based on the Statement of Compliance and supporting documentation submitted by
Reynolds & Reynolds to the Research Valley Partnership and the City, the company
has established real and personal property valuation in an amount of $27,525,210
and is eligible for a Retention and Expansion Grant of $30,000. Further the company
currently maintains a payroll of $20,523,652 and is eligible for a combined Payroll
Grant of $10,000.
Budget & Financial Summary: Funding in the amount of $40,000 is budgeted and
available in the City’s Economic Development Fund.
Reviewed and Approved by Legal: N/A
Attachments: 2012 Statement of Compliance – Reynolds & Reynolds, Inc.
80
81
82
83
84
June 27, 2013
Consent Agenda Item No. 2n
Approval of Extension of Closing Date for Sale of First Street Property
To: Kathy Merrill, Interim City Manager
From: Randall Heye, Economic Development Analyst
Agenda Caption: Presentation, possible action, and discussion to approve extending the
closing date for the sale of the First Street Property to Asset Plus Realty Corporation.
Relationship to Strategic Goals: Diverse growing economy
Staff Recommendation: Staff recommends that Council approve extending the closing
date for the sale of the First Street Property to Asset Plus Realty Corporation (Asset Plus) to
no later than October 15, 2013.
Summary: On February 14, 2013 City Council entered into a Purchase & Sale
Agreement with the Research Valley Partnership (RVP) to convey the First Street Property to
Asset Plus for development pursuant to an economic development agreement with the City.
Under the City’s purchase and sale agreement with RVP, the closing for the sale of the
Property “shall be held at the title company selected by Seller within forty-five (45) calendar
days from the date of this Agreement . . . or at such time and date as Seller and Buyer may
agree upon so as to facilitate the sale of the Property to Asset Plus.”
Under the purchase and sale agreement between RVP and Asset Plus, Asset Plus is entitled
to a 120-day Feasibility Period and a 30-day extension of that Period. This extension has
been initiated and is scheduled to end July 22. Asset Plus has requested and RVP has
agreed to amend their purchase and sale agreement to provide Asset Plus an additional 60-
day extension of their Feasibility Period. As a result, the sale of the property will not occur
within the forty-five calendar days provided under the City’s contract with RVP. Council’s
action to approve the extension of the closing date to no later than October 15, 2013 will
accommodate the 60-day extension to be approved between the RVP and Asset Plus.
Budget & Financial Summary: During the 60-day extension period, Asset Plus will
provide an additional $20,000 in earnest money.
Reviewed and Approved by Legal: Yes
Attachments: None
85
June 27, 2013
Regular Agenda Item No. 1
City of College Station and CVB Funding Agreement for Preferred Access to TAMU
Facilities; and Assignment and Assumption Agreement with City of College Station,
CVB, and TAMU
To: Kathy Merrill, Interim City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion on a Funding Agreement
between the City of College Station and the Brazos Valley Convention and Visitors Bureau
for Preferred Access to Texas A&M University facilities; and an Assignment and Assumption
agreement between the City of College Station, Texas A&M University, and the Brazos
Valley Convention and Visitors Bureau.
Recommendation(s): Staff recommends approval of the agreements.
Summary: As part of the effort to pay for the renovation of Kyle Field, Texas A&M
University and the City of College Station, the Convention and Visitors Bureau and Brazos
County have been working on securing local funding through the Hotel Occupancy Tax for
this project through agreements that will provide access to facilities at Texas A&M University
at preferred rates for events that will bring more visitors and tourists to the community.
The following are the agreements that will need to be executed.
1. Preferred Facilities Access Agreement between Texas A&M University and CVB.
2. Funding Agreement for the County 0.75% Hotel Tax between Brazos County and
Texas A&M University.
3. Funding Agreement for the payment of City of College Station Hotel Tax for the
Preferred Access Agreement between City of College Station and CVB.
4. Assignment and Assumption Agreement between City of College Station, Texas A&M
University and CVB.
Budget & Financial Summary:
The public funds for this project will come from Hotel Occupancy Tax collected from
visitors to the community.
A 0.75% Countywide Hotel Occupancy Tax was approved by the State Legislature and
signed by the Governor for this project. All hotel visitors in Brazos County will pay this
tax. This source is estimated to generate at least $22 million over the next 30
years.
Also, a portion of the current City of College Station Hotel Occupancy tax from visitors who
stay at College Station hotels will be utilized through a Facilities Access Agreement for
access to certain facilities at preferred rates at Texas A&M University. This source is
estimated to generate $14 million over the next 30 years.
86
Between the County Hotel Tax and the City of College Station Hotel Tax provided through
the Facilities Access Agreement; a minimum of $36,000,000 will be provided over a 30 year
period to Texas A&M University.
According to Texas A&M University, the budget for the Kyle Field renovation project is
$450,000,000. Of this amount, $18,150,000 is proposed to be financed from the proceeds
generated through the payments made per the Preferred Facilities Access Agreement and
associated agreements. The estimated annual debt service on this amount is $1,199,625.
Over a 30 year period this totals just under $36,000,000.
Hotel Occupancy Tax revenues from visitors is the only source of funding for these
agreements.
Legal Review: Yes
Attachments:
1. Funding Agreement for the payment of City of College Station Hotel Tax for the
Preferred Access Agreement between City of College Station and CVB. (Will be
available in City Secretary’s Office prior to meeting)
2. Assignment and Assumption Agreement between City of College Station, Texas A&M
University and CVB. (Will be available in City Secretary’s Office prior to meeting)
3. Summary of the Various Agreements
87
Facilities Access/Kyle Field Agreements
1. Preferred Facilities Access Agreement
• Parties - Texas A&M University and the Convention and Visitors Bureau
• Purpose – Secure the CVB preferred access to certain Texas A&M University
facilities at preferred rates for the purpose of promoting tourism and the
convention and hotel industry in Brazos County. Payment received per this
agreement will be used by Texas A&M University to fund the renovation of
Kyle Field.
• Key Agreement Points
Allows the CVB to secure preferred access to certain facilities
• Reed Arena
• Memorial Student Center
• Penberthy Rec Sports Complex
• The Zone Club (and any new entertainment facilities added to
Kyle Field)
• Rudder Conference and Events Center
• Rudder Theatre Complex
Scheduling for facilities will fall within periods the facility is designated
as being available, and will be scheduled at least one year prior to
proposed use of the facility.
Facility use cost will be at preferred rates. Preferred rate schedules
have been negotiated.
CVB will enter into facility use agreements for the use of the facilities.
CVB will have use of certain parking facilities in conjunction with the
events scheduled under the agreement. There will be a 30% reduction
in parking rates through a Memorandum of Understanding that has
been negotiated.
Funding - Minimum annual payment shall be as follows:
• Years 1-3 $1,000,000
• Years 4-6 $1,200,000
• Years 5-30 $1,225,000
Funding for the agreement will come from Brazos County 0.75% Hotel
Tax and the difference from City of College Station Hotel Tax
revenues.
Contingency – This agreement is contingent on passage of legislation
increasing County Hotel tax from 2.0% to 2.75%.
88
2. Funding Agreement for the County 0.75% Hotel Tax
• Parties – Brazos County and Texas A&M University
• Purpose – Secure funding from the new 0.75% hotel tax for part of the
consideration in the Preferred Access Facilities Agreement with Texas A&M
and he CVB. Payment received by Texas A&M University will be used for the
renovation of Kyle Field.
• Key Agreement Points
• Funding
• The 0.75% tax is estimated to initially generate $450,000 per
year, and grow over the 30 year period.
• Current estimates for first 5 years are:
• Year 1 $450,000
• Year 2 $470,000
• Year 3 $490,000
• Year 4 $510,000
• Year 5 $540,000
• Per the legislation approved, all of the revenue generated from this
source will be used for the renovation of Kyle Field.
89
3. Funding Agreement for the payment of City of College Station Hotel Tax for
the Preferred Access Agreement
• Parties – City of College Station and the Convention and Visitors Bureau
• Purpose – Provide City of College Station Hotel Tax revenue to the CVB to
secure preferred access to certain Texas A&M University facilities at preferred
rates for the purpose of enhancing and promoting tourism and the convention
and hotel industry in College Station and Brazos County.
• Key Agreement Points:
Funding
• City will pay the difference between what is collected by the
County and the Minimum Annual Consideration for the
preferred access to the CVB.
• Funding will come from existing City of College Station Hotel
Tax Funds
• Current estimates for first 5 years are:
o Year 1 $550,000
o Year 2 $530,000
o Year 3 $510,000
o Year 4 $690,000
o Year 5 $630,000
• CVB will remit payment to Texas A&M University.
• Total payment from the City of College Station under this
agreement will not exceed $36,000,000.
• This agreement does not obligate General Funds or other
funding sources.
• Funds will be used by the CVB to secure preferred access to
the facilities at the preferred rates provided for in the Preferred
Facilities Access Agreement
Contingency – This agreement is contingent on the following:
• Passage of legislation authorizing an increase in Brazos
County’s Hotel Occupancy Tax from 2% to 2.75%; and the
County’s collection of this tax.
• Execution of the Preferred Facilities Access Agreement
• Execution of a funding agreement between Texas A&M and
Brazos County for the payment of the tax collected by the
County to Texas A&M University.
• If this contingencies are not satisfied or if the Preferred Access
Agreement or the funding agreement between Texas A&M and
Brazos County are terminated then the agreement is null and
void.
Reporting Requirements
• Reporting requirements follow those for other agencies who
receive Hotel Tax funds.
90
4. Assignment and Assumption Agreement
• Parties – City of College Station, Texas A&M University, and Convention and
Visitors Bureau
• Purpose – If the Funding agreement between the City and the CVB is
terminated or payment is withheld, the City would assume the responsibilities
of the preferred access agreement, would continue to receive the preferred
access, and would make payments directly to Texas A&M University.
• Key Agreement Points
o If funding agreement with CVB terminates, or if the City withholds a
payment to the CVB for more than 30 days, the CVB assigns all rights
and responsibilities to the City.
o City will assume the role of the CVB in regards to the Access
Agreement.
o City will make payment to Texas A&M directly per the provisions of the
Facilities Access Agreement.
o Texas A&M University consents to this assignment.
91
92
June 27, 2013
Regular Agenda Item No. 2
15-ft Public Utility Easement Abandonment – 300 Texas Avenue
To: Kathy Merill, Interim City Manager
From: Bob Cowell, Executive Director of Planning and Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning a 0.141 acre, 15-foot wide public utility easement
located on Lot 2 of the North Park Section II Subdivision according to the plat recorded in
Volume 494, Page 543 and on Lot 2, Block 1 of Lodgeco Subdivision according to the plat
recorded in Volume 1996, Page 331 of the Deed Records of Brazos County, Texas.
Relationship to Strategic Initiatives: Core Services and Infrastructure, and a Diverse
Growing Economy
Recommendation(s): Staff recommends approval of the ordinance.
Summary: This easement abandonment accommodates the future development of a
hotel on the referenced lots. There are no public or private utilities in the subject portion of
easement to be abandoned. The abandonment is conditioned on the applicant conveying a
public utility easement to the City.
The 0.141 acre, 15-foot wide public utility easement to be abandoned is located on Lot 2 of
the North Park Section II Subdivision according to the plat recorded in Volume 494, Page
543 and on Lot 2, Block 1 of Lodgeco Subdivision according to the plat recorded in Volume
1996, Page 331 of the Deed Records of Brazos County, Texas.
Budget & Financial Summary: N/A
Legal Review: Yes
Attachments:
1. Attachment 1 - Vicinity Map
2. Attachment 2 - Location Map
3. Attachment 3 - Ordinance
- Ordinance Exhibit "A"
4. Application for Abandonment (On file at the City Engineer’s Office)
93
FRONT STCOONER STHENSEL DR
NIMITZ ST
JANE ST
MEADOWLAND ST
NICOLAS AVS
H
A
D
Y L
N
POPLAR STEISENHOWER ST
W-X ROW HENSEL STU-V ROW
CALVIN MOORE AVLIVE OAK STS ROSEMAR Y D R
CHARLES HALTOM AVMACARTHUR ST
BALL ST
FLORICULTURE RD
AVENUE ATEXAS AV
S TEXAS AV
UNIVERSITY DR EUNIVERSITY DRN ROSEMARY DR±
Vicinity Map
Proposed 15-ft PUEAbandonment
94
FRONT ST
MEADOWLAND STHENSEL STCOONER STAVENUE ANICOLAS AVCHARLES HALTOM AVCALVIN M OORE AVTEXAS AV
S TEXAS AV
Locatio n Map
±
Proposed 15-ft PUEAbandonment
95
96
97
98
99
Exhibit A
100
Exhibit A
101