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HomeMy WebLinkAbout08/08/2013 - Regular Agenda Packet - City CouncilTable of Contents Agenda 3 Consent No. 2a - Minutes Coversheet Revised 7 Workshop 8 Regular 12 Consent No. 2b - Move the October 10, 2013 Regular Meeting Date Coversheet Revised 17 Consent No. 2c - University Drive Pedestrian Improvements Phase 2 Change Order #1 Coversheet Revised 18 Change Order 19 Project Map 25 Consent No. 2d - Veterans Park Synthetic Turf Athletic Fields HM-1217 Cover Sheet 26 Bid Tabulation 27 Location Map 32 Vicinity Map 33 Consent Agenda Item No. 2e ILA with TAMU to Update the Go With The Green Plan Coversheet Revised 34 ILA 35 Consent No. 2f - Design Contract to Update the Go With The Green Plan (Game Day Traffic Operations) Coversheet Revised 42 Consent No. 2g- Sewer Service Agreement with TAMU Coversheet Revised 43 ILA Amendment 3 44 ILA Signed by TAMU 53 Consent No. 2h - Fire Department Asset Management Audit Coversheet Revised 62 Consent No. 2i - First Renewal of Copying and Printing Services Coversheet Revised 63 Response Letters 64 Consent No. 2j - Call Public Hearing on FY 2013-2014 Proposed Budget Coversheet Revised 68 Consent No. 2k - Purchase of Various Transformers Coversheet Revised 69 Tabulation 70 Consent No. 2L - Thirty Inch (30”) Transmission Line Reinstallation Project (WF1344704)Resolution Determining Need and Necessity for Easement Acquisition 1 Coversheet Revised 78 Project Map 79 Resolution 80 Consent No. 2m - Community Development FY 2014 (PY 2013) Action Plan and Budget Coversheet Revised 86 Resolution 88 Budget Summary 100 Development Process 101 Public Service Funding 102 Public Facility Funding 103 CD Goals 104 Income Limits 106 Maps 107 Comments Received 108 Project Descriptions 109 Regular No. 1 - Public Hearing on Variable Width Public Utility Easement Abandonments – 1846 Graham Road Coversheet Revised 111 Vicinity Map 112 Location Map 113 Ordinance 114 Regular No. 2- Public Hearing on Bridgewood & Barron Crossing Rezoning Coversheet Revised 119 Background 123 Maps & Photos 124 P&Z Minutes 126 Rezoning Map 127 Concept Plan 128 Ordinance 129 2 Mayor Council members Nancy Berry Blanche Brick Mayor Pro Tem Jess Fields Karl Mooney John Nichols Interim City Manager Julie M. Schultz Kathy Merrill James Benham Agenda College Station City Council Regular Meeting Thursday, August 08, 2013 at 7:00 PM City Hall Council Chamber, 1101 Texas Avenue College Station, Texas 1. Pledge of Allegiance, Invocation, Consider absence request. 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, Council or 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 forms 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: • July 25, 2013 Workshop • July 25 2013 Regular Council Meeting b. Presentation, possible action, and discussion regarding moving the October 10, 2013 Regular Meeting date to Monday, October 7, 2013. c. Presentation, possible action, and discussion regarding change order #1 to the professional services contract with HDR Engineering, Inc. in the amount of $105,427.80 for the University Drive Pedestrian Improvements Phase 2 Preliminary Engineering Report (PER). 3 City Council Regular Meeting Page 2 Thursday, August 8, 2013 d. Presentation, possible action and discussion regarding construction contract 13-267 in the amount of $3,929,599.12 to Dudley Construction Ltd for the construction of synthetic turf athletic fields at Veterans Park. e. Presentation, possible action and discussion regarding an ILA with Texas A&M University to split the cost of a consultant contract to perform a traffic study to update the City’s Go With the Green plan. f. Presentation, possible action and discussion regarding a consultant contract with Freese and Nichols to conduct a Texas A&M home football game traffic study and update the City’s Go With the Green plan. The cost of the consultant contract is $99,223, with one-half of the contract amount being paid to the City by Texas A&M University pursuant to an ILA. g. Presentation, possible action, and discussion action to consider amended version #3 of the Inter-Local Agreement with Texas A&M, to provide sewer service to each other’s facilities in various locations. h. Presentation, possible action, and discussion concerning the City Internal Auditor’s Fire Department Asset Management Audit. i. Presentation, possible action, and discussion regarding approval of the first renewal of copying and printing services price agreements. The estimated annual expenditures related to copying and printing services are to be renewed as follows: Tops Printing $40,000; Copy Corner $40,000; Office Depot $20,000; Cerqa $20,000. j. Presentation, possible action, and discussion on calling a public hearing on the City of College Station FY 2013-2014 Proposed Budget for Thursday August 22, 2013 at 7:00 PM in the City Hall Council Chambers. k. Presentation, possible action and discussion on a bid award for the purchase of various pad-mounted distribution transformers to be maintained in inventory to KBS, $81,350.00 and Priester-Mell & Nicholson, $30,893.00, for a total of $112,243.00. l. Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of an easement needed for the Thirty Inch (30”) Transmission Line Reinstallation Project (the “Project”). m. Presentation, possible action, and discussion regarding the proposed Community Development FY 2014 (PY 2013) Action Plan and Budget. 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 4 City Council Regular Meeting Page 4 Thursday, August 8, 2013 Dated this _____day of ________________, 2013 By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2013. ______________________________ 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. 6 August 8, 2013 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: • July 25, 2013 Workshop • July 25 2013 Regular Council Meeting Attachments: • July 25, 2013 Workshop • July 25, 2013 Regular Council Meeting 7 WKSHP072513Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION JULY 25, 2013 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Jess Fields Karl Mooney John Nichols, absent Julie Schultz James Benham, absent City Staff: Kathy Merrill, Interim City Manager Carla Robinson, City Attorney Tanya McNutt, Deputy 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 4:30 p.m. on Thursday, July 25, 2013 in the Council Chambers 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 §551.071-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 4:30 p.m. on Thursday, July 25, 2013 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: • College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023. 8 WKSHP072513Minutes Page 2 • 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 • Cause No. 12-002918-CV-361; Tom Jagielski v. City of College Station; In the 361 st Judicial District Court, Brazos County, Texas • Robyn Taylor, individually and as next friend of Faith Taylor, a minor child v. Lincoln Recreation Center, Cause No. 13-001244-CV-361, in the 361st District Court, Brazos County, Texas B. Deliberation on the purchase, exchange, lease or value of real property; to wit: • Property located generally northwest of the intersection of First Street and Church Avenue in College Station. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Manager D. Deliberation on economic development negotiations regarding an offer of financial or other incentives for a business prospect; to wit: • Economic incentives for a proposed development located near the intersection of Holleman South and Rock Prairie Road West in College Station. The Executive Session adjourned at 6:01 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. Presentations: Presentation to the City of College Station by Union Pacific in recognition of the City’s 75th Anniversary. This item was postponed. Presentation by National Sojourners, Brazos Valley Chapter 378, to Bob Hole, Cemetery Sexton. Representatives of the Brazos Valley Chapter 378, National Sojourners, honored College Station Cemetery Sexton, Bob Hole, with a Certificate of Appreciation. In attendance were: Ellen Marquis Horner, Bob Epps, Jane Cohen, Bob Cohen, Sheila May, Shawn Crompton, Tammy Tiner, Laura Harding, and Jim Jones. 4. Presentation, possible action, and discussion on items listed on the consent agenda. Item 2i was pulled for discussion. 9 WKSHP072513Minutes Page 3 2i: Brian Piscacek, Economic and Community Development, gave an explanation regarding the Substantial Amendment to the 2012 Annual Action Plan – HOME Investment Partnership Program Grant Funds, the reason for the amendment, and the consequences of not amending. 5. Presentation, possible action, and discussion regarding changes to the parking rates in the Northgate District. Lance Sims, Assistant Director of Planning and Development, gave an overview of the background, process of consideration, fee structure, and fiscal projections based on changes to the parking rates in the Northgate District. Mr. Sims also addressed grace periods, economic standing, and capacity during peak seasons and events. Jeff Kersten, Executive Director of Fiscal Services, spoke on the financial status of the parking operations. 6. Presentation, possible action, and discussion regarding an update on the College Station Economic Development Master Plan. Bob Cowell, Director of Planning and Development, presented an introduction to this update on the Economic Development Master Plan. Randall Heye, Economic Development Analyst, presented an overview of the purpose, previously received Phases I and II, the upcoming Phase III, strategic initiatives, and next steps of the Economic Development Master Plan. 7. Council Calendar July 30 Community Impact Awards Luncheon at Pebble Creek Country Club, 11:45 a.m. July 31 Council Transportation & Mobility Committee at Room 203 Conference Room A Municipal Court, 3:30 p.m. August 1 2013 ASA Southern National Championship Opening Ceremony at Adamson Lagoon, 9:15 a.m. August 1 P &Z Workshop/Meeting in Council Chambers at 6:00 p.m. (Jess Fields, Liaison) August 5 Bicycle, Pedestrian & Greenways Advisory Board Meeting in Council Chambers, 3:00 p.m. August 8 Executive Session/Workshop/Regular Meeting at 4:30, 6:00 & 7:00 p.m. Council reviewed the Council calendar. It was noted that the August 5th meeting of Bicycle, Pedestrian & Greenways Advisory Board Meeting in Council Chambers has been moved to August 6th at 3:00 p.m. 8. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific 10 WKSHP072513Minutes Page 4 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. There were no future agenda items requested. 9. 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 gave reports on the Interfaith Dialogue Association and Audit Committee. Councilmember Mooney reported on the Brazos Valley Solid Waste Management Agency Committee. Councilmember Schultz reported on her attendance of a Joint Meeting between the City of College Station, City of Bryan and Commissioners Court regarding High Speed Rail. 10. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:03 p.m. on Thursday, July 25, 2013. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary 11 RM072513 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JULY 25, 2013 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Jess Fields Karl Mooney John Nichols, absent Julie Schultz James Benham, absent City Staff: Kathy Merrill, Interim City Manager Carla Robinson, City Attorney Tanya McNutt, Deputy 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 7:03 p.m. on Thursday, July 25, 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 . MOTION: Upon a motion made by Councilmember Shultz and a second by Councilmember Mooney, the City Council voted five (5) for and none (0) opposed, to approve Councilmembers Benham’s and Nichols’ Absence Requests. The motion carried unanimously. Citizen Comments No citizen comments. CONSENT AGENDA 2a. • Presentation, possible action, and discussion of minutes for: July 8, 2013 Joint Workshop 12 RM072513 Minutes Page 2 • • July 9, 2013 Special Meeting • July 11, 2013 Workshop July 11, 2013 Regular Council Meeting 2b. Presentation, possible action, and discussion regarding approval of a contract between the City and Cherwell Software Inc. for software licensing in the amount of $44,145 and a contract between the City and Flycast Partners for services to configure and implement the software in the amount of $43,401, for a total project cost of $87,546. 2c. Presentation, possible action and discussion on construction contract #13-323 for the purchase and installation of Type II, FGSMA (Fine-Graded Stone Matrix Asphalt) Hot Mix Asphalt to Knife River for an amount not to exceed $526,000.00. 2d. Presentation, possible action, and discussion on the consideration of Ordinance 2013- 3507, amending Chapter 10, “Traffic Code,” Section 2.C of the Code of Ordinances of the City of College Station changing the traffic control at the intersection of Park Place and Fairview to a four-way stop controlled intersection. 2e. Presentation, possible action, and discussion regarding a change order to the contract with Green Teams, Inc. in the amount of $66,462 for landscape maintenance services. 2f. Presentation, possible action and discussion regarding a professional services contract for an ERP (Enterprise Resource Planning) Project Manager with Wilson Kleemann d/b/a Spherion in an amount not to exceed $814,597. 2g. Presentation, possible action, and discussion regarding the bid award of annual transformer repair and rebuild services to Greenville Transformer Company, Inc. in the amount of $66,530.46. 2h. Presentation, possible action, and discussion on Ordinance 2013-3508, amending Chapter 10, Section 4, Subsection H of the code of ordinances, establishing a commercial loading zone in a portion of the promenade parking lot and adjusting Northgate parking rates. 2i. Presentation, possible action, and discussion regarding Substantial Amendment to the 2012 Annual Action Plan – HOME Investment Partnership Program Grant Funds. 2j. Presentation, possible action, and discussion regarding Resolution 07-25-13-2j to authorize and designate the Executive Director of Planning and Development Services to sign all required Action Plan applications, grant agreements, certifications, evaluations, and other forms and agreements required by the U. S. Department of Housing and Urban Development for all Community Planning and Development Grant Programs for program years 2007 – 2012 on behalf of the City of College Station. 2k. Presentation, possible action, and discussion regarding approval of two (2) contracts between the City of College Station and Siemens Industry, Inc. in the amounts of $55,511.74 (contract 13-234) and $19,703.59 (contract 13-235), for a total of $75,215.33, for 13 RM072513 Minutes Page 3 the purpose of purchasing and installing security equipment at the Northgate and Switch Station Substations. 2l. Presentation, possible action and discussion regarding the approval of an ongoing program for EMS Provider/ First Responder agreement for emergency medical service and emergency ambulance transport between the City of College Station, The City of Bryan, South Brazos County Fire Department, Brazos County District 2 Volunteer Fire Department, Brazos County Precinct 3 Volunteer Fire Department and Brazos County Precinct 4 Volunteer Fire Department. 2m. Presentation, possible action and discussion on an amendment to the current lease between the City of College Station and DVA Renal Healthcare, Inc. formerly known as Gambro Healthcare of Texas, Inc. (aka DaVita, Inc.) in the Chimney Hill Shopping Center. Items 2f, 2i and 2j were pulled for a separate vote. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted five (5) for and none (0) opposed, to approve the Consent Agenda, less items 2f, 2i and 2j. The motion carried unanimously. (2f)MOTION: Upon a motion made by Councilmember Shultz and a second by Councilmember Mooney, the City Council voted four (4) for and one (1) opposed, with Councilmember Fields voting against, to approve a professional services contract for an ERP (Enterprise Resource Planning) Project Manager with Wilson Kleemann d/b/a Spherion in an amount not to exceed $814,597 . The motion carried. (2i)MOTION: Upon a motion made by Councilmember Shultz and a second by Councilmember Brick, the City Council voted four (4) for and one (1) opposed, with Councilmember Fields voting against, to approve a substantial Amendment to the 2012 Annual Action Plan – HOME Investment Partnership Program Grant Funds. The motion carried. (2j)MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Brick, the City Council voted four (4) for and one (1) opposed, with Councilmember Fields voting against, to authorize and designate the Executive Director of Planning and Development Services to sign all required Action Plan applications, grant agreements, certifications, evaluations, and other forms and agreements required by the U. S. Department of Housing and Urban Development for all Community Planning and Development Grant Programs for program years 2007 – 2012 on behalf of the City of College Station . The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion on Ordinance 2013-3509, Budget Amendment #3 amending ordinance number 3443 which will amend the budget for the 2012-2013 Fiscal Year in the amount of $1,961,334; increase the number of regular full- time positions in the budget by one (1.0); and presentation, possible action and discussion on three interfund transfers and a contingency transfer. 14 RM072513 Minutes Page 4 At approximately 7:36 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:36 p.m. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Mooney, the City Council voted five (5) for and none (0) opposed, to adopt Ordinance 2013- 3509, Budget Amendment #3 amending ordinance number 3443 which will amend the budget for the 2012-2013 Fiscal Year in the amount of $1,961,334; increase the number of regular full- time positions in the budget by one (1.0); and presentation, possible action and discussion on three interfund transfers and a contingency transfer with the exception of line item 1. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz the City Council voted four (4) for and one (1) opposed, with Councilmember Fields voting against, to adopt line item 1 of Ordinance 2013-3509, Budget Amendment #3 amending ordinance number 3443 which will amend the budget for the 2012-2013 Fiscal Year in the amount of $1,961,334; increase the number of regular full-time positions in the budget by one (1.0); and presentation, possible action and discussion on three interfund transfers and a contingency transfer. The motion carried. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2013- 3510, amending Chapter 12 Unified Development Ordinance of the Code of Ordinances to allow micro-industrial uses as a permitted use within the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts. At approximately 7:40 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:40 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Fields, the City Council voted five (5) for and none (0) opposed, to adopt Ordinance 2013-3510, amending Chapter 12 Unified Development Ordinance of the Code of Ordinances to allow micro-industrial uses as a permitted use within the NG-1 Core Northgate and NG-2 Transitional Northgate zoning districts. The motion carried unanimously. 3. • Presentation, possible action and discussion regarding appointments to the following boards and commissions: Historic Preservation Committee (two vacancies) MOTION: Upon a motion made by Councilmember Shultz and a second by Councilmember Mooney, the City Council voted five (5) for and none (0) opposed, to appoint Louis Hodges and Ken Rogers to the Historic Preservation committee. The motion carried unanimously. 15 RM072513 Minutes Page 5 4. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 7:45 p.m. on Thursday, July 25, 2013. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 16 August 8, 2013 Consent Agenda Item No. 2b Move the October 10, 2013 Regular Meeting Date To: Kathy Merrill, Interim City Manager From: Sherry Mashburn, City Secretary Agenda Caption: Presentation, possible action, and discussion regarding moving the October 10, 2013 Regular Meeting date to Monday, October 7, 2013. Relationship to Strategic Goals: Not applicable. Recommendation(s): Staff recommends moving the date to Monday, October 7, 2013. Summary: The 2013 TML Annual Conference will be held in Austin, Texas from October 8 – October 11, 2013. The Mayor and other Councilmembers expect to be attending the conference and request that the Regular Meeting be moved from October 10 to the preceding Monday, October 7, 2013. Budget & Financial Summary: Not applicable. Reviewed and Approved by Legal: Not applicable. Attachments: Not applicable. 17 August 8, 2013 Consent Agenda Item No. 2c University Drive Pedestrian Improvements Phase 2 Change Order #1 To: Kathy Merrill, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion regarding change order #1 to the professional services contract with HDR Engineering, Inc. in the amount of $105,427.80 for the University Drive Pedestrian Improvements Phase 2 Preliminary Engineering Report (PER). Relationship to Strategic Goals: 1. Improving Multi Modal Transportation Recommendation(s): Staff recommends approval of the change order with HDR Engineering, Inc. in the amount of $105,427.80. Summary: The professional services contract with HDR Engineering, Inc. was awarded on May 24, 2012 for completion of a Preliminary Engineering Report (PER) to study the University Drive corridor. Phase 2 of the University Drive Pedestrian Improvements Project will begin at College Main and extend to South College. The PER’s focus is on improving pedestrian mobility and safety while balancing acceptable levels of service for vehicular transportation. The original scope of work includes determining the Right-of-Way (ROW) limits and ROW acquisition needs; traffic analysis and progression study along the corridor; public engagement; and the development of the conceptual design. The PER phase will take into consideration the new high density development going into the Northgate area as well as coordinating with both TxDOT and Texas A&M and their respective plans. Change Order #1 will include additional traffic analysis for the development of three (3) additional alternatives in an effort to preserve vehicular mobility while improving pedestrian safety, a reduction in some of the current tasks where the full level of effort will not be utilized, and new tasks including a schematic design and environmental documentation requested by TxDOT. The schematic design and environmental documentation (Programmatic Categorical Exclusion, or PCE) was originally planned for the detailed design development phase. TxDOT recommends moving these tasks forward for eligibility during future funding considerations that may become available. Budget & Financial Summary: Funds in the amount of $7,055,000 are budgeted for the Phase 2 improvements. Funds in the amount of $255,740 have been expended or committed to date, leaving a balance of $6,799,260 for this change order, design and construction. The construction estimate will be developed as a part of this preliminary study. Attachments: 1. Change Order #1 2. Project Map 18 19 Page 1 of 4 University Drive Pedestrian Improvements, Phase II Scope of Work for Change Order #1 July 8, 2013 Description of Tasks – Modifications of Original Tasks The following factors resulted in additional hours beyond those estimated in the original budget to accomplish the tasks described below: 2. Assemble Available Resources a. Multiple requests were necessary to obtain information from TxDOT. b. Revised study information was received from TAMU. Three sets of study documents were received from TAMU concerning bicycle lanes recommendations by Kimley Horn which required multiple reviews. c. Revised Master Plan graphics were prepared and a meeting held with utility providers including scheduling and follow-up with providers. d. An additional meeting was scheduled with TxDOT and City staff following Project Workshop #1 to discuss the public engagement process. e. The budget for this task includes a line item for reductions in hours for personnel not utilized for various tasks assumed in the original contract. 7. Traffic Analysis a. Additional information was provided for other Northgate development projects to be considered in background traffic. Several iterations have been required to finalize the Northgate development project land use assumptions. Each iteration requires rework of the traffic volume estimates in the traffic models. b. Additional traffic counts and travel time runs were required due to intersection closure by City maintenance crew on previously-scheduled data collection day. c. Additional information and time allocations have been required for implementation of Level of Service calculations for Pedestrian and Bicycle operations in accordance with the new Highway Capacity Manual. The latest version of Synchro, (8.0), provides a new multi-modal analysis tool to capture Level of Service calculations for Pedestrians and Bicycles. Industry experience with the new multi-modal analysis tool was limited during the proposal phase, and completion of the multi-modal analysis required significantly more inputs than traditional HCS analysis, including: i. Separation and identification of both permissive and protected left-turn and right-turning volumes ii. Directional pedestrian and bicycle volumes on crosswalks an adjacent sidewalks iii. Sidewalk geometries including approach width, curb radii, and corner size iv. Roadway geometries including adjacent parking, shoulder widths, and presence of curbs d. Comments received at the two Project Workshops, Public Meeting #1, Conceptual Design review meetings on March 19-20 and subsequent correspondence on April 17 resulted in additional alternatives for analysis. 10. Prepare Conceptual Design consisting of conceptual design drawings after traffic analysis of improvements developed based on input received at four Project Workshops, two design review meetings, and two Public Meetings included in the list of alternatives described below. Traffic analysis will include an evaluation of the alternatives listed below at an intersection level with consideration of the immediate impacts of the improvements on adjacent intersections. The corridor progression study discussed in original scope Task 7 will be completed after evaluation of the alternatives and recommendation of improvements are reviewed by the City and TxDOT, and presented at Public Meeting #2. Alternatives listed below are in addition to those identified in the original scope of work: 20 Page 2 of 4 a. Tauber/Asbury Streets i. Evaluate one-way operations on Tauber Street in conjunction with one -way operations on Nagle Street with and without signalized operations at the intersections of Church Avenue and Spence Street at University Drive b. Nagle/Ireland Streets i. Evaluate southbound left-turn operations on Nagle Street ii. Evaluate two-way operations on Ireland Street based on TAMU traffic studies for integration of bike lanes on campus iii. Evaluate one-way operations on Nagle Street in conjunction with one-way operations on Tauber Street with and without signalized operations at the intersections of Church Avenue and Spence Street at University Drive iv. Develop alternative site layout for access and circulation at the Shell station in the northwest corner of Nagle Street and University Drive c. Church Avenue and University Drive – Evaluate signalized intersection operations with and without one-way operations on Nagle Street and Tauber Street d. Spence Street and University Drive – Evaluate intersection operations with motor vehicle operations only northbound and southbound right turn only movements with and without one -way operations on Nagle Street and Tauber Street e. Detailed layouts at South College intersection to address access issues in northwest corner 13. Draft Preliminary Engineering Report – This task will now include consideration of the Schematic Design (30%) and Programmatic Categorical Exclusions report. 14. Final Preliminary Engineering Report – This task will now include consideration of the Schematic Design (30%) and Programmatic Categorical Exclusions report. 15. Meet with City staff and City Council to make a presentation of the Conceptual Design – This task has been eliminated. Description of Tasks – New Tasks The following new tasks have been identified in discussions with the City and TxDOT. Additional time will be required to complete the tasks described below: 1. Project Management – This task was not separately included in the original scope of work. Time required for project management and administration for individual tasks has been greater than anticipated in the original assumptions. New tasks as well as additional personnel and disciplines have been added to the scope of work. For these reasons, this PM task is hereby added to the scope of work to better identify project management and administration requirements for the duration of the project. a. Progress Reports b. Invoices 2. Project Workshop #3 was completed on February 21, 2013. Participants included representatives from the City, HDR, Mitchell & Morgan and Northgate Area property owners/representatives from Subway, the Rise, McDonalds, Chipotle, and ATM/small building east of Chipotle (Culpepper). Input received at the meeting was reviewed and summarized for consideration in traffic analysis and Conceptual Design. 21 Page 3 of 4 3. Conceptual Design review meetings were held on March 19-20 to discuss the Conceptual Design submitted to the City on March 8. Subsequent requests for analyses and three Conceptual Design alternatives were received on April 17. 4. Project Workshop #4 was completed on June 25, 2013 . It consisted of a meeting with the City Council Transportation and Mobility Committee to discuss three Conceptual Design alternatives. Participants consisted of three City Council members, City staff and one HDR representative. Comments received at the meeting will be summarized for inclusion as additional stakeholder input. 5. Prepare Schematic Design (30%) based on consideration and analysis of input received at Public Meeting #2 with respect to the Conceptual Design . This will consist of a more detailed design schematic including the following elements: a. Plan and profile layouts b. Horizontal and vertical curve details c. Delineation of ROW based on survey and resulting documentation d. Existing and proposed typical sections e. Turn bay storage lengths based on traffic analysis f. Detailed layouts at South College intersection g. Configuration of medians h. Proposed lane use designations i. Driveway design and coordination 6. Prepare a Project Scope and Environmental Issues Checklist for Programmatic Categorical Exclusions (PCEs) required as a part of TxDOT’s environmental review process. The PCE report will be prepared consistent with the scope of the following environmental documents prepared for Phase I (Categorical Exclusion, FM 60 From FM 2154 to College Main, CSJ: 0506-01-091, Brazos County, October 2008 and Programmatic Categorical Exclusion Re-Evaluation, FM 60 From FM 2154 to Tauber Street, CSJ: 0506-01- 091, Brazos County, March 2011) and the following requirements: a. The PCE will be developed in compliance with TxDOT’s Standards of Uniformity (SOU) for projects with no added capacity. b. Complete the following documentation for the Project Scope and Environmental Issues Checklist – Meeting of Affected Property Owners (MAPO), Socioeconomics, Section 4(f) Resources (Not required for PCE documentation), Historic Properties, Archeological Resources, Vegetation to be documented in accordance with the MOU between TxDOT and TPWD, Water Quality, Soils/Farmland, Noise (Noise analysis not required since the horizontal and vertical alignment is not changing substantially), Hazardous Materials (database search in compliance with ASTM E1527), Visual, Floodplains, Threatened and Endangered Species (survey for presence/absence of suitable habitat to be completed), Air Quality (a quantitative air quality analysis not required if traffic volume is less than 140,000 vehicles per day), Indirect and Cumulative Effects (based on TxDOT Screening Tool this would not be required). c. A site visit will be conducted to collect project area photographs and other information to support the Project Scope and Environmental Issues Checklist documentation. d. The following review and revisions of the Project Scope and Environmental Issues Checklist documentation are included within the scope – 1 review by the City, 2 reviews by TxDOT Bryan District, and 2 reviews by TxDOT Environmental Division. Any additional reviews may require a supplemental scope and fee estimate. 22 Page 4 of 4 e. If a new SOU is issued, formal public meetings are required, Section 4(f) resource review is required, noise analysis is required, quantitative air quality analysis is required, or an indirect and cumulative effects analysis is required it may require a supplemental scope and fee estimate. Project Meetings 1. Project Workshop #3 – Completed on February 21, 2013 2. Project Workshop #4 – Completed on June 25 3. Deliverables 1. Monthly progress reports and invoices; issues list; project schedule with updates 2. Conceptual Design - This design was completed and submitted to the City on March 8, 2013. 3. Schematic Design (30%) – This design will be prepared based on addressing comments and traffic analysis of input received at Public Meeting #2. To be scheduled after discussions and input from City staff. 4. Programmatic Categorical Exclusion – This report is required as a part of TxDOT’s environmental review process. It will be prepared after completion of the Schematic Design. To be scheduled after discussions and input from City staff. 23 HOURS LABORFirm FeeMODIFICATIONS OF ORIGINAL TASKSHDR Engineering, Inc. $104,873.00 1 KICK-OFF MEETING(2) (190.00)Mitchell & Morgan, LLP $4,825.00 2 ASSEMBLE AVAILABLE RESOURCES 13 1,858.00TEA -$2,945.00 5 PROJECT WORKSHOP(6) (810.00)Koehl -$5,225.00 6 SUMMARY OF RESULTS FROM PROJECT WORKSHOP (2) (250.00)Subtotal Labor $101,528.007 TRAFFIC ANALYSIS 194 23,580.008 PUBLIC MEETING #1(10) (1,070.00)9 SUMMARY OF RESULTS FROM PUBLIC MEETING #1 (7) (725.00)10 PREPARE CONCEPTUAL DESIGN(19) 1,530.0011 PUBLIC MEETING #2 TO PRESENT CONCEPTUAL DESIGN (10) (1,070.00)12 SUMMARY OF RESULTS FROM PUBLIC MEETING #2 (3) (385.00)Expenses13 PRELIMINARY ENGINEERING REPORT - DRAFT 42 5,160.00Other Direct Expenses 3,899.80 14 PRELIMINARY ENGINEERING REPORT - FINAL 18 2,295.00Subtotal Expenses $3,899.8015 CITY COUNCIL MEETING(14) (3,080.00)Contract Total $105,427.80 NEW TASKS1 PROJECT ADMINISTRATION44 9,140.002 PROJECT WORKSHOP #315 2,575.003 CONCEPTUAL DESIGN REVIEW MEETINGS 12 2,200.004 PROJECT WORKSHOP #414 2,180.005 PREPARE SCHEMATIC DESIGN (30%) 295 38,370.006 PREPARE PROGRAMMATIC CATEGORICAL EXCLUSIONS REPORT 160 20,220.00Totals 734 $101,528.00UNIVERSITY DRIVE PEDESTRIAN IMPROVEMENTS, PHASE IIFEE SCHEDULE / BUDGET - CHANGE ORDER #1July 1, 2013FEE SUMMARY TASK24 25 August 8, 2013 Consent Agenda Item No. 2d Veterans Park Synthetic Turf Athletic Fields HM-1217 To: Kathy Merrill, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action and discussion regarding construction contract 13-267 in the amount of $3,929,599.12 to Dudley Construction Ltd for the construction of synthetic turf athletic fields at Veterans Park. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends award of the contract to Dudley Construction Ltd. Summary: Two synthetic turf athletic fields are to be constructed at Veterans Park along with lighting to support the new fields, additional parking, drainage improvements, and perimeter park fencing along State Highway 60. The synthetic turf fields will provide an all weather playing surface to complement the existing grass athletic fields in the park. The drainage and parking were designed to accommodate two additional fields that may be added at the park in the future. A total of four (4) bids were submitted to the City of College Station for this project. A copy of Bid Tabulation ITB 13-068 is attached showing a summary of the bids received by the City. The bid total includes the base bid and the proposal for bid alternate number 2 that will allow for variable lighting illumination. Budget & Financial Summary: Funds in the amount of $3,785,000 are budgeted in the Hotel Tax Fund for this project. A total of $212,872 has been expended or committed to date, leaving a balance of $3,572,128. Taking into account this construction bid, the revised total project estimate is $4,402,400. Reviewed and Approved by Legal: Yes Attachments: 1. Contract 13-267 is on file in the City Secretary’s Office. 2. Bid Tabulation ITB 13-068 3. Location Map 4. Vicinity Map 26 City of College Station - Purchasing Division Bid Tabulation for #13-068 "Veterans Park Synthetic Fields" Open Date: Wednesday, May 29, 2013 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION (All Item Descriptions are described as COMPLETE AND IN PLACE) UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE A1 1 LS MOBILIZATION $138,628.83 $138,628.83 $225,000.00 $225,000.00 $80,000.00 $80,000.00 $500,000.00 $500,000.00 A2 5.5 AC STRIP WORK AREA (DEMOLITION) $4,041.98 $22,230.89 $12,000.00 $66,000.00 $2,200.00 $12,100.00 $4,000.00 $22,000.00 A3 1 LS EARTHWORK (CUT AND FILL) REQUIRED TO MATCH GRADING $45,186.74 $45,186.74 $20,000.00 $20,000.00 $43,450.00 $43,450.00 $15,000.00 $15,000.00 A4 1 LS IRRIGATION SYSTEM $14,451.55 $14,451.55 $16,700.00 $16,700.00 $5,000.00 $5,000.00 $14,000.00 $14,000.00 A5 345 LF 18" RCP STORM SEWER $52.45 $18,095.25 $50.00 $17,250.00 $57.20 $19,734.00 $55.00 $18,975.00 A6 2 EACH 18" STORM SEWER CONNECTION TO EXISTING CURB INLET $349.63 $699.26 $500.00 $1,000.00 $1,100.00 $2,200.00 $700.00 $1,400.00 A7 7 LF 12" RCP STORM SEWER $46.62 $326.34 $100.00 $700.00 $55.00 $385.00 $55.00 $385.00 A8 1 EACH 12” STORM SEWER CONNECTION TO EXISTING CURB INLET $58.27 $58.27 $250.00 $250.00 $1,100.00 $1,100.00 $700.00 $700.00 A9 352 LF TRENCH SAFETY $1.17 $411.84 $1.00 $352.00 $1.00 $352.00 $1.00 $352.00 A10 3 EACH SIDEWALK DRAIN $174.82 $524.46 $1,150.00 $3,450.00 $1,100.00 $3,300.00 $2,500.00 $7,500.00 A11 13 EACH CONCRETE CURB RAMP $466.18 $6,060.34 $715.00 $9,295.00 $682.00 $8,866.00 $900.00 $11,700.00 A12 4 EACH H-2 CURB INLET $3,263.25 $13,053.00 $3,900.00 $15,600.00 $3,800.00 $15,200.00 $4,000.00 $16,000.00 A13 1 EACH TYPE "A" INLET $4,242.23 $4,242.23 $1,500.00 $1,500.00 $2,288.00 $2,288.00 $3,000.00 $3,000.00 A14 482 SF CONCRETE DRAINAGE FLUME $5.83 $2,810.06 $6.50 $3,133.00 $6.00 $2,892.00 $11.00 $5,302.00 A15 1,500 LF SWALE $1.75 $2,625.00 $1.00 $1,500.00 $5.06 $7,590.00 $0.55 $825.00 A16 16,200 SY SUBGRADE STABILIZATION FOR PAVEMENT AREA: 8" DEPTH (30% LIME/70% FLYASH)$3.50 $56,700.00 $3.90 $63,180.00 $6.71 $108,702.00 $4.00 $64,800.00 A17 4,400 LF CONCRETE CURB AND GUTTER $9.32 $41,008.00 $16.70 $73,480.00 $15.95 $70,180.00 $16.00 $70,400.00 A18 1 EACH 25 FOOT LONG TEMPORARY CONCRETE CURB (INCLUDE REMOVAL OF CURB)$582.72 $582.72 $900.00 $900.00 $650.00 $650.00 $1,500.00 $1,500.00 A19 570 LF SAWCUT ASPHALT PAVING, FULL DEPTH $3.50 $1,995.00 $1.00 $570.00 $1.50 $855.00 $3.00 $1,710.00 A20 1720 SF REMOVAL OF ASPHALT AND CONCRETE CURB AND GUTTER $1.17 $2,012.40 $1.00 $1,720.00 $1.40 $2,408.00 $2.00 $3,440.00 A21 14,040 SY 6" CRUSHED STONE FLEXBASE $8.27 $116,110.80 $11.00 $154,440.00 $8.80 $123,552.00 $10.00 $140,400.00 A22 14,040 SY 2" ASPHALT PAVING $10.31 $144,752.40 $11.50 $161,460.00 $10.00 $140,400.00 $10.00 $140,400.00 A23 12,000 SF CONCRETE WALK $3.50 $42,000.00 $4.50 $54,000.00 $4.25 $51,000.00 $3.85 $46,200.00 A24 1 LS STRIPING (PAINTED) (INCLUDING HANDICAP, CROSSWALK SIGNAGE & WHEELSTOPS) $3,234.12 $3,234.12 $3,000.00 $3,000.00 $3,050.00 $3,050.00 $2,200.00 $2,200.00 A25 800 LF 4” PIPE SLEEVES $9.32 $7,456.00 $2.00 $1,600.00 $11.00 $8,800.00 $17.00 $13,600.00 Knife River (Bryan, TX) Dudley Construction Ltd. (College Station, TX) Acklam Construction Co. Ltd. (College Station, TX) Hellas Construction, Inc. (Austin, TX) A. PARKING, AREA "A" PROPOSAL 27 City of College Station - Purchasing Division Bid Tabulation for #13-068 "Veterans Park Synthetic Fields" Open Date: Wednesday, May 29, 2013 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION (All Item Descriptions are described as COMPLETE AND IN PLACE) UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Knife River (Bryan, TX) Dudley Construction Ltd. (College Station, TX) Acklam Construction Co. Ltd. (College Station, TX) Hellas Construction, Inc. (Austin, TX) A26 1 LS SIGNAGE (TRAFFIC CONTROL)$1,748.17 $1,748.17 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 A27 1 LS HYDROMULCH NOTED AREAS AND DISTURBED AREAS $8,886.31 $8,886.31 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 A28 1 LS SOLID SOD $8,052.82 $8,052.82 $3,200.00 $3,200.00 $3,500.00 $3,500.00 $2,000.00 $2,000.00 A29 1 LS SWPPP $6,536.18 $6,536.18 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $15,000.00 $15,000.00 A30 1 LS LANDSCAPPING $12,601.81 $12,601.81 $16,700.00 $16,700.00 $12,500.00 $12,500.00 $25,000.00 $25,000.00 A31 1 LS SECURITY FENCING $4,897.21 $4,897.21 $7,800.00 $7,800.00 $2,500.00 $2,500.00 $12,000.00 $12,000.00 A32 1 LS AREA LIGHTING; AS SHOWN IN ACCORDANCE WITH ELECTRICAL DRAWINGS AND SPECIFICATIONS $168,989.91 $168,989.91 $152,000.00 $152,000.00 $155,000.00 $155,000.00 $300,000.00 $300,000.00 B1 10.5 AC STRIP WORK AREA (DEMOLITION) $3,727.58 $39,139.59 $11,000.00 $115,500.00 $2,200.00 $23,100.00 $4,000.00 $42,000.00 B2 1 LS EARTHWORK (CUT AND FILL) REQUIRED TO MATCH GRADING $112,195.31 $112,195.31 $20,000.00 $20,000.00 $17,232.00 $17,232.00 $157,000.00 $157,000.00 B3 883 LF 18" STORM SEWER $52.45 $46,313.35 $40.00 $35,320.00 $53.00 $46,799.00 $55.00 $48,565.00 B4 883 LF TRENCH SAFETY $1.17 $1,033.11 $1.00 $883.00 $1.00 $883.00 $1.00 $883.00 B5 3 EACH STORM MANHOLE $3,199.27 $9,597.81 $1,800.00 $5,400.00 $3,025.00 $9,075.00 $3,500.00 $10,500.00 B6 3 EACH TYPE "A" AREA INLET WITH CONCRETE APRON $4,242.23 $12,726.69 $2,500.00 $7,500.00 $2,442.00 $7,326.00 $4,600.00 $13,800.00 B7 250 LF 4” PIPE SLEEVES $9.32 $2,330.00 $5.00 $1,250.00 $11.00 $2,750.00 $17.00 $4,250.00 B8 5,500 SY SUBGRADE STABILIZATION FOR PAVEMENT AREA: 8" DEPTH (30% LIME/70% FLYASH)$4.20 $23,100.00 $4.00 $22,000.00 $6.71 $36,905.00 $4.00 $22,000.00 B9 1,492 LF CONCRETE CURB AND GUTTER $9.32 $13,905.44 $16.70 $24,916.40 $15.75 $23,499.00 $20.00 $29,840.00 B10 170 LF SAWCUT ASPHALT PAVING, FULL DEPTH $3.50 $595.00 $1.00 $170.00 $1.50 $255.00 $3.00 $510.00 B11 510 SF REMOVAL OF ASPHALT AND CONCRETE CURB AND GUTTER $1.17 $596.70 $2.00 $1,020.00 $1.40 $714.00 $2.00 $1,020.00 B12 4,860 SY 6" CRUSHED STONE FLEXBASE $7.69 $37,373.40 $11.00 $53,460.00 $8.80 $42,768.00 $10.00 $48,600.00 B13 4,860 SY 2" ASPHALT PAVING $10.31 $50,106.60 $11.50 $55,890.00 $11.05 $53,703.00 $10.00 $48,600.00 B14 25 LF MOUNTABLE CURB $23.31 $582.75 $35.00 $875.00 $33.00 $825.00 $50.00 $1,250.00 B15 33,745 SF CONCRETE WALKS $5.00 $168,725.00 $4.50 $151,852.50 $4.10 $138,354.50 $3.85 $129,918.25 B16 2 EACH CONCRETE RAMP $466.18 $932.36 $713.00 $1,426.00 $528.00 $1,056.00 $900.00 $1,800.00 B17 3 EACH SIDEWALK DRAIN $174.82 $524.46 $1,150.00 $3,450.00 $1,100.00 $3,300.00 $2,500.00 $7,500.00 $1,461,789.00$896,967.91 $897,554.00$1,085,780.00 B. ATHLETIC FIELDS "B" PROPOSAL A. PARKING, AREA "A" PROPOSAL - SUBTOTAL 28 City of College Station - Purchasing Division Bid Tabulation for #13-068 "Veterans Park Synthetic Fields" Open Date: Wednesday, May 29, 2013 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION (All Item Descriptions are described as COMPLETE AND IN PLACE) UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Knife River (Bryan, TX) Dudley Construction Ltd. (College Station, TX) Acklam Construction Co. Ltd. (College Station, TX) Hellas Construction, Inc. (Austin, TX) B18 1,000 LF SWALE $5.95 $5,950.00 $1.00 $1,000.00 $5.06 $5,060.00 $0.55 $550.00 B19 1 LS STRIPING (PAINTED) (INCLUDING HANDICAPPED, CROSSWALK SIGNAGE & WHEELSTOPS) $3,438.07 $3,438.07 $7,000.00 $7,000.00 $3,245.00 $3,245.00 $2,200.00 $2,200.00 B20 1 LS AREA LIGHTING; AS SHOWN IN ACCORDANCE WITH ELECTRICAL DRAWINGS AND SPECIFICATIONS $47,783.35 $47,783.35 $46,000.00 $46,000.00 $69,000.00 $69,000.00 $80,000.00 $80,000.00 B21 570 LF 8' CHAIN LINK FENCE $27.62 $15,743.40 $27.00 $15,390.00 $24.50 $13,965.00 $30.00 $17,100.00 B22 1 LS IRRIGATION $5,244.51 $5,244.51 $2,900.00 $2,900.00 $6,000.00 $6,000.00 $9,000.00 $9,000.00 B23 1 LS SIGNAGE (TRAFFIC CONTROL)$582.72 $582.72 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 B24 1 LS HYDROMULCH NOTED AREAS AND DISTURBED AREAS $1,407.63 $1,407.63 $3,600.00 $3,600.00 $3,500.00 $3,500.00 $6,500.00 $6,500.00 B25 1 LS SOLID SOD $7,879.34 $7,879.34 $3,450.00 $3,450.00 $2,500.00 $2,500.00 $7,500.00 $7,500.00 B26 1 LS SWPPP $2,962.74 $2,962.74 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $6,800.00 $6,800.00 B27 1 LS LANDSCAPING $4,626.75 $4,626.75 $4,600.00 $4,600.00 $10,000.00 $10,000.00 $18,000.00 $18,000.00 B28 1 LS SECURITY FENCING $1,515.08 $1,515.08 $7,800.00 $7,800.00 $2,500.00 $2,500.00 $8,000.00 $8,000.00 B29 6,400 SF CONCRETE WALK WITH INTEGRAL CURB AT SYNTHETIC TURF FIELD $5.40 $34,560.00 $7.50 $48,000.00 $7.12 $45,568.00 $4.50 $28,800.00 B30 250,000 SF SUBGRADE STABILIZATION FOR ATHLETIC FIELD AREAS: 8" DEPTH (30% LIME/70% FLYASH)$0.45 $112,500.00 $0.55 $137,500.00 $0.75 $187,500.00 $0.44 $110,000.00 B31 1 LS SYNTHETIC TURF BASE/DRAINAGE SYSTEM, TO INCLUDE: GEOMEMBRANE LINER, SUBDRAINS, AND FREE DRAINING $716,252.65 $716,252.65 $420,000.00 $420,000.00 $649,000.00 $649,000.00 $550,000.00 $550,000.00 B32 217,000 SF INFILLED SYNTHETIC TURF SYSTEM $3.29 $713,930.00 $3.55 $770,350.00 $4.03 $874,510.00 $4.65 $1,009,050.00 B32 MANUFACTURER/MODEL B33 1 LS SPORTS LIGHTING (75-FOOT CANDLES); IN ACCORDANCE WITH ELECTRICAL DRAWINGS AND SPECIFICATIONS $524,451.44 $524,451.44 $532,565.00 $532,565.00 $565,000.00 $565,000.00 $630,000.00 $630,000.00 C1 4.95 AC CLEARING AND GRUBBING $4,079.07 $20,191.40 $500.00 $2,475.00 $6,000.00 $29,700.00 $2,500.00 $12,375.00 C2 6,900 CY DETENTION FACILITY EXCAVATION AND EARTHWORK (CUT)$4.66 $32,154.00 $4.00 $27,600.00 $2.75 $18,975.00 $5.00 $34,500.00 C3 13,000 CY DETENTION FACILITY EXCAVATION AND EARTHWORK (FILL)$2.33 $30,290.00 $4.00 $52,000.00 $1.37 $17,810.00 $7.00 $91,000.00 C4 1 LS SECURITY FENCING $2,913.62 $2,913.62 $7,500.00 $7,500.00 $3,500.00 $3,500.00 $6,000.00 $6,000.00 C5 63 LF 18" STORM SEWER $46.62 $2,937.06 $45.00 $2,835.00 $52.00 $3,276.00 $55.00 $3,465.00 C6 75 LF 30" STORM SEWER $104.89 $7,866.75 $55.00 $4,125.00 $79.00 $5,925.00 $110.00 $8,250.00 C7 2 EACH STORM MANHOLE $4,370.43 $8,740.86 $2,000.00 $4,000.00 $3,025.00 $6,050.00 $3,500.00 $7,000.00 Sprinturf Ultrablade MM System $3,052,536.25 Sport Exe $2,718,605.25 Astroturf GameDay Grass MTO 42 $2,848,892.50 Hellas Matrix $2,508,567.90 C. STORM WATER DETENTION, AREA "C" PROPOSAL B. ATHLETIC FIELDS "B" PROPOSAL - SUBTOTAL 29 City of College Station - Purchasing Division Bid Tabulation for #13-068 "Veterans Park Synthetic Fields" Open Date: Wednesday, May 29, 2013 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION (All Item Descriptions are described as COMPLETE AND IN PLACE) UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Knife River (Bryan, TX) Dudley Construction Ltd. (College Station, TX) Acklam Construction Co. Ltd. (College Station, TX) Hellas Construction, Inc. (Austin, TX) C8 2,850 SF CONCRETE PILOT CHANNEL $5.83 $16,615.50 $5.00 $14,250.00 $4.78 $13,623.00 $7.50 $21,375.00 C9 1,300 SF 12” THICK GABION EROSION BLANKETS $17.48 $22,724.00 $7.00 $9,100.00 $16.50 $21,450.00 $14.00 $18,200.00 C10 1 LS SWPPP $4,638.48 $4,638.48 $10,000.00 $10,000.00 $6,000.00 $6,000.00 $7,000.00 $7,000.00 C11 1 LS HYDROMULCH NOTED AREAS AND DISTURBED AREAS $12,586.83 $12,586.83 $5,000.00 $5,000.00 $8,000.00 $8,000.00 $11,000.00 $11,000.00 D1 1,900 LF 6' FENCE, HOT DIP GALVANIZED STEEL, POWDER COATED BLACK $47.78 $90,782.00 $74.00 $140,600.00 $48.00 $91,200.00 $31.00 $58,900.00 D2 2 EACH 2” x 1.5” REDUCER $29.14 $58.28 $81.00 $162.00 $37.00 $74.00 $170.00 $340.00 D3 1 EACH 2" TAPPING SLEEVE AND VALVE $2,330.90 $2,330.90 $575.00 $575.00 $45.00 $45.00 $500.00 $500.00 D4 1 EACH 2" TEE $17.48 $17.48 $12.00 $12.00 $15.00 $15.00 $200.00 $200.00 D5 1,220 LF 1.5" WATER LINE $2.33 $2,842.60 $9.00 $10,980.00 $2.75 $3,355.00 $15.00 $18,300.00 D6 555 LF 2" WATER LINE $3.50 $1,942.50 $9.00 $4,995.00 $3.00 $1,665.00 $20.00 $11,100.00 D7 2 EA 1.5" 90 DEGREE BEND $5.83 $11.66 $12.00 $24.00 $15.00 $30.00 $250.00 $500.00 D8 4 EA 2" 45 DEGREE BEND $2.91 $11.64 $12.00 $48.00 $15.00 $60.00 $120.00 $480.00 D9 10 EACH HOSE BIB / BACKFLOW PREVENTER WITH PRESSURE RELEASE VALVE $437.04 $4,370.40 $865.00 $8,650.00 $100.00 $1,000.00 $800.00 $8,000.00 E1 -1 LS SPORTS LIGHTING (50-FOOT CANDLES); IN ACCORDANCE WITH ELECTRICAL DRAWINGS AND SPECIFICATIONS; DEDUCT FROM 75 FOOT CANDLES INCLUDED IN ATHLETIC FIELDS "B" PROPOSAL $87,408.57 -$87,408.57 $76,200.00 -$76,200.00 $115,000.00 -$115,000.00 $130,834.98 -$130,834.98 F1 1 LS THE PREFERRED SYSTEM WILL BE A 1500 WATT ELECTRONIC BALLASTED SPORTS LIGHTING SYSTEM UTILIZING A .88 LLF PLUS TILT FACTOR,IN ACCORDANCE WITH “SPORTS LIGHTING DESIGNS” REPORT PRESENTED AT THE 2010 IESNA CONFERENCE BY TOM LEMONS AND KURT HAUSER,PHD OF PENN STATE UNIVERSITY. THE SYSTEM SHALL HAVE DUAL MODE SWITCHING AS ITS METHOD OF CONTROL. THE HIGH MODE SHALL PROVIDE 75 FC MAINTAINED AS AN AVERAGE LIGHT LEVEL,AND 40 FC MAINTAINED AS THE LOWER LIGHT LEVEL.THE LOWER LIGHT LEVEL SHALL NOT EXCEED 970 WATT OF OUTPUT PER FIXTURE.THE LIGHTING CONTROL SYSTEM SHALL ALLOW THE OWNER TO ASSIGN LIGHT LEVELS VIA A WEBSITE,PHONE,FAX,OR E-MAIL,FOR UP TO 2 YEARS IN ADVANCE.THE CONTROLLER SHALL ACCEPT AND STORE THESE SCHEDULES.THE CONTROLLER SHALL BE PROTECTED AGAINST MEMORY LOSES.FIXTURES PER POLE AND POLE HEIGHTS SHALL REMAIN THE SAME AS FOR THE BASE PROPOSAL. $50,000.00 $50,000.00 $55,300.00 $55,300.00 $650,000.00 $650,000.00 $700,000.00 $700,000.00 $220,165.00 $98,320.00 $161,658.50 $134,309.00 $97,444.00 $138,885.00 $166,046.00$102,367.46 C. STORM WATER DETENTION, AREA "C" PROPOSAL - SUBTOTAL F. ALTERNATE #2 PROPOSAL D. MISCELLANEOUS ITEMS PROPOSAL - SUBTOTAL E. ALTERNATE #1 PROPOSAL D. MISCELLANEOUS ITEMS PROPOSAL 30 City of College Station - Purchasing Division Bid Tabulation for #13-068 "Veterans Park Synthetic Fields" Open Date: Wednesday, May 29, 2013 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION (All Item Descriptions are described as COMPLETE AND IN PLACE) UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Knife River (Bryan, TX) Dudley Construction Ltd. (College Station, TX) Acklam Construction Co. Ltd. (College Station, TX) Hellas Construction, Inc. (Austin, TX) G1 217,000 SF INFILLED SYNTHETIC TURF SYSTEM; IN LIEU OF THE SYNTHETIC TURF SYSTEM INCLUDED IN ATHLETIC FIELDS "B" PROPOSAL $243,000.00 $52,731,000,000.00 $0.00 -$0.05 -$10,850.00 $0.00 G1 MANUFACTURER/MODEL G2 217,000 SF INFILLED SYNTHETIC TURF SYSTEM; IN LIEU OF THE SYNTHETIC TURF SYSTEM INCLUDED IN ATHLETIC FIELDS "B" PROPOSAL $246,000.00 $53,382,000,000.00 $0.00 $0.15 $32,550.00 $0.00 G2 MANUFACTURER/MODEL G3 217,000 SF INFILLED SYNTHETIC TURF SYSTEM; IN LIEU OF THE SYNTHETIC TURF SYSTEM INCLUDED IN ATHLETIC FIELDS "B" PROPOSAL $267,000.00 $57,939,000,000.00 $0.00 $0.15 $32,550.00 $0.00 G3 MANUFACTURER/MODEL G4 217,000 SF INFILLED SYNTHETIC TURF SYSTEM; IN LIEU OF THE SYNTHETIC TURF SYSTEM INCLUDED IN ATHLETIC FIELDS "B" PROPOSAL $0.00 $0.00 -$0.18 -$39,060.00 $0.00 G4 MANUFACTURER/MODEL G5 217,000 SF INFILLED SYNTHETIC TURF SYSTEM; IN LIEU OF THE SYNTHETIC TURF SYSTEM INCLUDED IN ATHLETIC FIELDS "B" PROPOSAL $0.00 $0.00 $0.02 $4,340.00 $0.00 G5 MANUFACTURER/MODEL »Bids not included on the tabulation due to material mistakes on the bid proposal forms. N/A $1,461,789.00 $3,052,536.25 $220,165.00 $98,320.00 $4,832,810.25 N/A N/A N/A $3,899,278.90 AstroPlay 50 Astroturf GameDay Grass 3D 52 Extreme $897,554.00 $2,848,892.50 $134,309.00 $97,444.00 $3,978,199.50 N/A Astroturf GameDay Grass MTO 38 Astroturf GameDay Grass MTO 48 N/A N/A BASE BID SUMMARY A. PARKING, AREA "A" BID - SUBTOTAL B. ATHLETIC FIELDS, "B" PROPOSAL - SUBTOTAL C. STORM WATER DETENTION, AREA "C" PROPOSAL - SUBTOTAL D. MISCELLANEOUS ITEMS PROPOSAL - SUBTOTAL Sprinturf Astroturf G. ALTERNATE #3 PROPOSAL Polytan N/A Astroturf GameDay Grass Q44 $3,879,599.12 N/A BASE BID TOTAL (BID PROPOSAL ITEMS A - D) N/A $1,085,780.00 $2,508,567.90 $138,885.00 $166,046.00 $896,967.91 $2,718,605.25 $161,658.50 $102,367.46 Hellas Construction, Inc. Larry Young Paving, Inc. and JaCody, Inc. Dudley Construction »Bid Item B16: Bidder's quantity was incorrect; therefore, the extended cost, Section B subtotal and Base Bid total were miscalculated. The highlighted amounts above are correct. »Alternate #3, Item G1, Item G2 and Item G3: Bidder appears to have entered lump sum bid amounts; however, discrepancies in the multiplication of units of work and unit prices will be resolved in favor of unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. (These items are per SF bid items.) 31 32 33 August 8, 2013 Consent Agenda Item No. 2e ILA with TAMU to Update the Go With The Green Plan (Game Day Traffic Operations) To: Kathy Merrill, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action and discussion regarding an ILA with Texas A&M University to split the cost of a consultant contract to perform a traffic study to update the City’s Go With the Green plan. Relationship to Strategic Goals: 1. Improving Transportation Recommendation(s): Staff recommends approval of the ILA. Summary: Last year Freese and Nichols was hired to collect post football game traffic data west of Kyle Field after the TAMU and Missouri football game to see what improvements could be made to FM 2818 and George Bush Drive to more efficiently move the traffic. The consultant recommended a few improvements that will be implemented this football season. Additionally, the consultant recommended a comprehensive study of the entire campus area to update the Go With the Green plan, which was developed 20 years ago to efficiently move post-game traffic away from the stadium toward major thoroughfares and state highways. As part of this study, the consultant will collect data on 12 corridors in College Station and Bryan using 83 Blue Tooth readers and 65 traffic counting devices. The data will help the consultant and the city better understand game day traffic patterns and determine the peak travel times to and from the stadium. This information will be utilized to update the existing Go With The Green plan. The updated Go With the Green plan will help reduce the duration of traffic congestion before and after TAMU football games. The cost of the study will be $99,223, which will be equally split between the City of College Station and TAMU. Budget & Financial Summary: A contingency transfer in the amount of $50,000 was approved at the July 25, 2013 City Council Meeting to cover the City’s portion of the study’s cost. Per this ILA, Texas A&M University agrees to pay for one-half of the total study cost up to $65,000. Reviewed and Approved by Legal: Yes Attachments: 1. ILA 34 35 36 37 38 39 40 41 August 8, 2013 Consent Agenda Item No. 2f Design Contract to Update the Go With The Green Plan (Game Day Traffic Operations) To: Kathy Merrill, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action and discussion regarding a consultant contract with Freese and Nichols to conduct a Texas A&M home football game traffic study and update the City’s Go With the Green plan. The cost of the consultant contract is $99,223, with one-half of the contract amount being paid to the City by Texas A&M University pursuant to an ILA. Relationship to Strategic Goals: 1. Improving Transportation Recommendation(s): Staff recommends approval of the contract. Summary: Last year Freese and Nichols was hired to collect post football game traffic data west of Kyle Field after the TAMU and Missouri football game to see what improvements could be made to FM 2818 and George Bush Drive to more efficiently move the traffic. The consultant recommended a few improvements that will be implemented this football season. Additionally, the consultant recommended a comprehensive study of the entire campus area to update the Go With the Green plan, which was developed 20 years ago to efficiently move post-game traffic away from the stadium toward major thoroughfares and state highways. As part of this study, the consultant will collect data on 12 corridors in College Station and Bryan using 83 Blue Tooth readers and 65 traffic counting devices. The data will help the consultant and the city better understand game day traffic patterns and determine the peak travel times to and from the stadium. This information will be utilized to update the existing Go With The Green plan. The updated Go With the Green plan will help reduce the duration of traffic congestion before and after TAMU football games. The cost of the study will be $99,223, which will be equally split between the City of College Station and TAMU. Budget & Financial Summary: A contingency transfer in the amount of $50,000 was approved at the July 25, 2013 City Council Meeting to cover the City’s portion of the study’s cost. In addition, an ILA with Texas A&M University is included on today’s City Council Meeting Agenda for the University to pay the City one-half of the total study cost. Reviewed and Approved by Legal: Yes Attachments: 1. Contract - on file in the City Secretary’s Office 42 August 8, 2013 Consent Agenda Item No. 2g Sewer Service Agreement with TAMU To: Kathy Merrill, Interim City Manager From: David Coleman, Director of Water Services Agenda Caption: Presentation, possible action, and discussion action to consider amended version #3 of the Inter-Local Agreement with Texas A&M, to provide sewer service to each other’s facilities in various locations. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure. Recommendation: Approval - TAMU has already signed this revised agreement. Summary: In 1998, the City and TAMU signed the original Inter-Local Agreement (ILA) that provided for TAMU to provide sewer service to the City’s facilities, in locations where that made economic sense. This ILA has been amended twice since then, and now includes the Callaway House dorm and two properties in the Valley Park area (between Turkey Creek Road and FM 2818). This proposed third amendment will add one more tract to the Valley Park area, a tract that is planned for development, owned by Mr. William Gilmore. This amendment will also recognize that the City already provides sewer service to the TAMU University Apartments (aka Married Student Housing) in the Hensel Park area. This ILA provides the most cost effective method to provide sewer service to these areas, and will save both entities significant capital costs by avoiding installation of sewer infrastructure where the other party can provide sewer service with their existing infrastructure. Staff is grateful that TAMU is willing to modify this agreement to accommodate the Gilmore tract, and save that very large capital expense. For these reasons, staff recommends approval of the ILA amendment. Budget & Financial Summary: No Budget impact. Reviewed and Approved by Legal: Yes Attachment: ILA (amendment 3) 43 THIRD RESTATED AND AMENDED INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND TEXAS A&M UNIVERSITY FOR THE WHOLESALE TREATMENT OF DOMESTIC SANITARY WASTE WHEREAS, CHAPTER 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform functions or services that each party to the contract is authorized to perform individually; and WHEREAS, the City of College Station, a home rule municipality incorporated under the laws of the State of Texas (hereinafter referred to as “CITY”) desires to enter into this Third Restated and Amended Interlocal Agreement between the City of College Station and Texas A&M University for the Wholesale Treatment of Domestic Sanitary Waste (this “Agreement) which is a restated third amended agreement to the original Interlocal Agreement between the City of College Station and Texas A&M University for the Wholesale Treatment of Domestic Sanitary Waste dated November 11, 1998 (the “Original Agreement”) as modified by the Amendment No. 1 Interlocal Agreement between the City of College Station and Texas A&M University for the Wholesale Treatment of Domestic Sanitary Waste dated April 9, 2004 (the “First Amended Agreement”), and by the Amendment No. 2 dated July 25, 2011 (the “Second Amended Agreement”), with Texas A&M University, a land grant University and agency of the State of Texas (hereinafter referred to as “TAMU”) for the purpose of authorizing each party to treat wastewater on behalf of the other party on a contract basis under the rates, terms and conditions set forth in this Agreement; and WHEREAS, CITY is authorized to provide wastewater collection and treatment services for customers within its municipal limits pursuant to Section 13.242 of the TEXAS W ATER CODE; and WHEREAS, any property to be served will be within CITY’s certificated service area for retail sewer service; and WHEREAS, the CITY considers it in its best interests to direct the sanitary wastewater flow from certain properties located within its certificated service area for retail sewer service to TAMU for treatment, and WHEREAS, TAMU currently has sufficient capacity within its Texas Commission on Environmental Quality Permit (“TCEQ Permit”) at its wastewater treatment plant to treat the quantities of domestic sanitary sewer wastewater contemplated in this Agreement, and TAMU currently has, and expects to maintain for the term of this Agreement, sufficient capacity to treat this wastewater, and WHEREAS, TAMU is willing to accept and treat this sanitary wastewater under the terms and consideration provided herein as long as the hydraulic and constituent characteristics of the wastewater do not cause its TCEQ Permit to be violated; and WHEREAS, TAMU considers it in its best interests to direct the sanitary 44 2 of 9 wastewater flow from certain TAMU properties to the CITY for treatment, and WHEREAS, the CITY currently has sufficient capacity within its Texas Commission on Environmental Quality Permit (“TCEQ Permit”) at its wastewater treatment plant to treat the quantities of domestic sanitary sewer wastewater contemplated in this Agreement, and the CITY currently has, and expects to maintain for the term of this Agreement, sufficient capacity to treat this wastewater, and WHEREAS, the CITY is willing to accept and treat this sanitary wastewater under the terms and consideration provided herein as long as the hydraulic and constituent characteristics of the wastewater do not cause its TCEQ Permit to be violated; and WHEREAS, the CITY desires to increase the number of connections provided for under the Original Agreement and under the First and Second Amended Agreements; and TAMU wishes to formalize its arrangement with the CITY for the University Apartment/Hensel Park service area that is currently served by the CITY. NOW, THEREFORE, for and in consideration of the promises and agreements contained herein and the recitations set forth hereinabove, the parties hereby agree to enter into this Agreement pursuant to the above-named act to authorize CITY to increase the number of connections and the amount of wastewater to be discharged under the Original Agreement and the First and Second Amended Agreements and to increase the amount of wholesale domestic sanitary wastewater treatment services on behalf of CITY under the following terms and conditions. 1. Description of the Waste Water 1.01 The estimated daily average wastewater flow rate from the CITY to TAMU for each designated point of delivery is as follows: 1.01.1 Delivery Point A (Callaway House) 39,000 gallons 1.01.2 Delivery Point B (Pornada Tract) 48,000 gallons 1.01.3 Delivery Point C (Benson Tract – R13542) 300 gallons 1.01.4 Delivery Point D (Gilmore Tract - R12051, R15371, R15370) 90,000 gallons. The estimated daily average wastewater flow rate from TAMU to the CITY from the University Apartment area is: 101.5 20,000 gallons. 1.02 The estimated daily peak wastewater flow rate for each designated point of delivery is as follows: 1.02.1 Delivery Point A (Callaway House) 117,000 gallons 1.02.2 Delivery Point B (Pornada Tract) 144,000 gallons 1.01.3 Delivery Point C (Benson Tract – R13542) 600 gallons 1.01.4 Delivery Point D (Gilmore Tract – R12051, R15371, R15370) 360,000 gallons The estimated daily peak wastewater flow rate for TAMU to the CITY from the University Apartment area is: 45 3 of 9 101.5 130,000 gallons. 1.03 The estimated wastewater strength will be typical domestic waste with an average five-day biochemical oxygen demand of less than 200 milligrams per liter and suspended solids of less than 200 milligrams per liter. 1.04 The wastewater will comply in every regard with the Industrial Waste Regulations of the CITY, specifically including, but not limited to, prohibited discharges and stormwater and unpolluted discharges, 1.05 The CITY will remit to TAMU (and TAMU will remit to the CITY) any surcharge for wastes of abnormal strength as defined in the CITY Industrial Waste Regulations. 2. Term & Termination 2.01 This Agreement goes into effect as of the last date of the authorized signature hereto and will be automatically renewed for three (3) years. Thereafter, this Agreement will automatically renew every three (3) years upon the same terms and conditions until this Agreement is terminated according to the provisions of Paragraph 2.02. 2.02 Subject to the provisions of Paragraph 2.07, either party may cancel this Agreement by providing written notice to the other party. Such termination shall not be effective, and either party shall continue to provide domestic sanitary wastewater treatment services, until the other party is able to find an alternate method of treating said wastewater, or one (1) year from the date of receipt of notice of termination, whichever occurs first. 2.03 In the event the constituent characteristics of the domestic sanitary sewer wastewater as described herein causes a violation of either party’s TCEQ permit, the receiving party may immediately disconnect, or plug, the connection to its sewer system until the condition is cured. Further, under these conditions, the offending party agrees to be liable for regulatory fines to the receiving party associated with each such permit violation. 2.04 During the term of this Agreement, both parties agree to and shall treat the quantities of domestic sanitary sewer wastewater described herein. 2.05 If the average daily wastewater flows exceed those estimated herein by more than fifty percent (50%) over a three-month period, either party may initiate termination. 2.06 If either party’s wastewater flows approach the planning for expansion threshold established in the TCEQ permit, either party may initiate termination. 2.07 For either of the hydraulic situations described in paragraphs 2.05 or 2.06 above, TAMU and the CITY agree to explore other alternatives to termination. 3. Terms and Conditions of Service 46 4 of 9 3.01 CITY will deliver to TAMU at each point of delivery designated by TAMU during the term of this Agreement domestic sanitary sewer waste in the amounts and constituent characteristics as described in Section 1 above and facilities contained thereon. 3.02 TAMU will deliver to the CITY at each point of delivery during the term of this Agreement domestic sanitary sewer waste in the amounts and constituent characteristics as described in Section 1 above and facilities contained thereon. 3.03 At each point of delivery designated herein, title and responsibility for the domestic sanitary sewer wastewater shall pass from the delivering party to the receiving party. 3.04 Each party will design, construct, own and maintain an adequately sized sewer system to connect to each point of delivery. The parties hereto agree that the sanitary sewer line constructed shall be according to specifications in compliance with TCEQ requirements. 3.05 Prior to connection to the TAMU sewer, the CITY shall show the point of delivery in a scaled drawing and deliver it to TAMU. No construction upon TAMU property will be initiated prior to written authorization from TAMU, which authorization shall not be unreasonably withheld. Likewise, TAMU will provide a scaled drawing showing the point of delivery and present it to the CITY. No construction on CITY property will be initiated prior to written notice from the CITY, which authorization shall not be unreasonably withheld. 3.06 The CITY and TAMU mutually agree to the normal and customary practice in restoring any service interruption. 3.07 CITY agrees to obtain TAMU concurrence for any construction or maintenance activities with any connection. 3.08 CITY agrees to restore any damaged landscaping, paving, irrigation etc. disturbed as a result of construction or maintenance of this connection. 3.09 CITY provides no implied vesting of zoning nor land use with this agreement. Developer of Gilmore tract is totally responsible to pursue any zoning that may be required, and CITY provides no guarantees for approval of zoning change requests. 4. Wholesale Contract Rate The rate charged by TAMU and paid by CITY on a monthly basis shall be the rate TAMU charges on campus. This rate is updated annually by TAMU and effective on September 1st of each calendar year. 5. Metering The parties agree that the monthly quantity of domestic sanitary sewer waste for billing purposes will be equal to 100% of the quantity of potable water delivered by either party to any facility served by this connection. Both parties will furnish, install, 47 5 of 9 operate, and maintain, at its own expense, the necessary equipment and devices of standard type required for properly measuring the quantity of potable water furnished to the facilities. Both parties shall have access to such metering equipment at all reasonable times for inspection and examination. If either party is unable to read any meter at the end of a month, either party shall estimate the quantity of potable water furnished to the facility in accordance with its standard billing practice. Reconciliation of actual to estimated billing will be made within three (3) months of the estimated billing. 6. Payment 6.01 Both parties shall provide the other party with metered monthly quantities on or about the 5th day of each month. Billing shall be rendered by both parties on or about the 25th day of each month. Both parties shall make payment not later than thirty (30) days after the billing date of each month. 6.02 Each party has agreed to waive the billing provisions in this Agreement effective 07/01/2013, but will continue to provide metered data per this Agreement. Billing will be resumed by both parties upon a minimum of thirty day written notice should either party decide to commence billing due to a significant imbalance in the quantity of wastewater received during the previous 12 month period. 6.03 The obligation of the CITY to make payments under this Agreement shall constitute an operating expense of its wastewater system payable solely from the revenues and receipts of such system. 7. Capacity Both parties represent that they currently have sufficient capacity at their wastewater treatment plants to accept and treat the domestic sanitary sewer wastewater, of the hydraulic and constituent characteristics described herein. Additionally, both parties represent that accepting the additional estimated flows, of the hydraulic and constituent characteristics described herein, will not violate any current terms of their wastewater permits issued by the TCEQ or the EPA. In the event either party develops an issue with limited capacity to accept or treat wastewater from the other party, with 18 month advance notification, either party can request and require that the other party make provisions to either a) begin accepting all or part of the wastewater being sent to the other party or b) agree to make a mutually agreed upon financial payment (either one-time or ongoing) to cover the cost of the party continuing to receive wastewater. 8. Hold Harmless To the extent permitted by law and subject to the limitations as to damages in the Texas Tort Claims Act, CITY and TAMU agree to hold each other harmless 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 attorney’s fees, for injury to or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement to the extent authorized by the laws and Constitution of the State of Texas. 9. Force Majeure If for any reason of “force majeure,” either CITY or TAMU shall be rendered 48 6 of 9 unable, wholly or in part, to carry out its obligation under this Agreement, other than the obligation of either party to make the payments required under the terms of this Agreement, then if the party shall give notice of the reasons in writing to the other party within a reasonable time after the occurrence of the event, or cause relied on, the obligation of the party giving the notice, so far as it is affected by the “force majeure,” shall be suspended during the continuance of the inability then claimed, but for no longer period. The term “force majeure” as used in this Agreement shall means acts of God, strikes, lockouts, or other industrial disturbances, acts of public enemy, orders or actions of any kind of government of the United States or of the State of Texas, or any civil or military authority, insurrections, riots, epidemics, land slides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accident to machinery, pipelines, or other structures, partial or entire failure of wastewater collection and treatment system including pollution (accidental or intentional), and any inability on the part of either party to transport or treat wastewater on account of any other cause not reasonably within the control of the party claiming the inability. 10. Invalidity If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal 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 respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. Notices and Payments 11.01 Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual listed in Paragraph 11.02 herein, or if it is delivered or sent certified mail to the address listed in Paragraph 11.02 herein. 11 .02 All notices and payments shall be sent and provided to the parties at the addresses listed below: Attention: Director of Water Services Department CITY OF COLLEGE STATION 1601 Graham Road College Station, Texas 77845 With a copy to: CITY OF COLLEGE STATION City Manager and City Attorney 1101 Texas Avenue College Station, TX 77840 Utilities & Energy Services TEXAS A&M UNIVERSITY Texas A&M University 1584 TAMU College Station, TX 77843 49 7 of 9 With a copy to: TEXAS A&M UNIVERSITY Vice President for Administration 1179 TAMU College Station, Texas 77843 11.03 The parties may change addresses for billing and payment upon thirty (30) days written notice sent certified mail, return receipt requested. Any other notices provided or required in this Agreement, except for change of address for billings and payments, may be provided by written notice or other means as provided in this Agreement. 12. Entire Agreement It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of either party, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 13. Amendment The parties may amend this Agreement upon mutual agreement of the parties. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing, approved by the appropriate authority of each respective entity, and signed by duly authorized representatives of both parties. 14. Texas Law This Agreement has been made under and shall be governed by the laws of the State of Texas. 15. Place of Performance and Venue Performance and all matters related thereto shall be in Brazos County, Texas, United States of America and venue shall lie in a court of competent jurisdiction in Brazos County, Texas. 16. Authority to Enter Contract Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. 17. Waiver Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach 50 8 of 9 excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 18. Agreement Read The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 19. Assignment This Agreement and the rights and obligations contained herein may not be assigned by TAMU or CITY without the prior written approval of the other party. 20. Multiple Originals It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. SIGNED this the ____________ day of _____________________, 2013. TEXAS A&M UNIVERSITY CITY OF COLLEGE STATION By:_________________________ By:_____________________________ Mayor ATTEST: ________________________________ City Secretary APPROVED: ________________________________ City Attorney ________________________________ City Manager ________________________________ Executive Director Business Services STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on this day of __________ 2013, by_____________________ in his capacity as of Texas A&M University, an agency of the State of Texas, on its behalf. 51 9 of 9 ________________________________ Notary Public in and for the State of Texas STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on this day of __________ 2013, by Nancy Berry in her capacity as Mayor of the City of College Station, a Texas home-rule municipal corporation, on its behalf. ________________________________ Notary Public in and for the State of Texas 52 THIRD RESTATED AND AMENDED INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND TEXAS A M UNIVERSITY FOR THE WHOLESALE TREATMENT OF DOMESTIC SANITARY WASTE WHEREAS CHAPTER 791 of the TEXAS GOVERNMENT CODE also known as the INTERLOCAL COOPERATION ACT authorizes all local governments to contract with each other to perform functions or services that each party to the contract is authorized to perform individually and WHEREAS the City of College Station a home rule municipality incorporated under the laws of the State of Texas hereinafter referred to as CITY desires to enter into this Third Restated and Amended Interlocal Agreement between the City of College Station and Texas A M University for the Wholesale Treatment of Domestic Sanitary Waste this Agreement which is a restated third amended agreement to the original Interlocal Agreement between the City of College Station and Texas A M University for the Wholesale Treatment of Domestic Sanitary Waste dated November 11 1998 the Original Agreement as modified by the Amendment No 1 Interlocal Agreement between the City of College Station and Texas A M University for the Wholesale Treatment of Domestic Sanitary Waste dated April 9 2004 the First Amended Agreement and by the Amendment No 2 dated July 25 2011 the Second Amended Agreement with Texas A M University a land grant University and agency of the State of Texas hereinafter referred to as TAMU for the purpose of authorizing each party to treat wastewater on behalf of the other party on a contract basis under the rates terms and conditions set forth in this Agreement and WHEREAS CITY is authorized to provide wastewater collection and treatment services for customers within its municipal limits pursuant to Section 13242 of the TEXAS WATER CODE and WHEREAS any property to be served will be within CITYs certificated service area for retail sewer service and WHEREAS the CITY considers it in its best interests to direct the sanitary wastewater flow from certain properties located within its certificated service area for retail sewer service to TAMU for treatment and WHEREAS TAMU currently has sufficient capacity within its Texas Commission on Environmental Quality Permit TCEQ Permit at its wastewater treatment plant to treat the quantities of domestic sanitary sewer wastewater contemplated in this Agreement and TAMU currently has and expects to maintain for the term of this Agreement sufficient capacity to treat this wastewater and WHEREAS TAMU is willing to accept and treat this sanitary wastewater under the terms and consideration provided herein as long as the hydraulic and constituent characteristics of the wastewater do not cause its TCEQ Permit to be violated and WHEREAS TAMU considers it in its best interests to direct the sanitary wastewater flow from certain TAMU properties to the CITY for treatment and 53 WHEREAS the CITY currently has sufficient capacity within its Texas Commission on Environmental Quality Permit TCEQ Permit at its wastewater treatment plant to treat the quantities of domestic sanitary sewer wastewater contemplated in this Agreement and the CITY currently has and expects to maintain for the term of this Agreement sufficient capacity to treat this wastewater and WHEREAS the CITY is willing to accept and treat this sanitary wastewater under the terms and consideration provided herein as long as the hydraulic and constituent characteristics of the wastewater do not cause its TCEQ Permit to be violated and WHEREAS the CITY desires to increase the number of connections provided for under the Original Agreement and under the First and Second Amended Agreements and TAMU wishes to formalize its arrangement with the CITY for the University ApartmentHensel Park service area that is currently served by the CITY NOW THEREFORE for and in consideration of the promises and agreements contained herein and the recitations set forth hereinabove the parties hereby agree to enter into this Agreement pursuant to the above named act to authorize CITY to increase the number of connections and the amount of wastewater to be discharged under the Original Agreement and the First and Second Amended Agreements and to increase the amount of wholesale domestic sanitary wastewater treatment services on behalf of CITY under the following terms and conditions 1 Description of the Waste Water 101 The estimated daily average wastewater flow rate from the CITY to TAMU for each designated point of delivery is as follows 1011 Delivery Point A Callaway House 39000 gallons 1012 Delivery Point B Pornada Tract 48000 gallons 1013 Delivery Point C Benson Tract R13542 300 gallons 1014 Delivery Point D Gilmore Tract R12051 R15371 R15370 90000 gallons The estimated daily average wastewater flow rate from TAMU to the CITY from the University Apartment area is 1015 20000 gallons 102 The estimated daily peak wastewater flow rate for each designated point of delivery is as follows 1021 Delivery Point A Callaway House 117000 gallons 1022 Delivery Point B Pornada Tract 144000 gallons 1013 Delivery Point C Benson Tract R13542 600 gallons 1014 Delivery Point D Gilmore Tract R12051 R15371 R15370 360000 gallons The estimated daily peak wastewater flow rate for TAMU to the CITY from the University Apartment area is 1015 130000 gallons 2 of 9 54 103 The estimated wastewater strength will be typical domestic waste with an average five day biochemical oxygen demand of Tess than 200 milligrams per liter and suspended solids of less than 200 milligrams per liter 104 The wastewater will comply in every regard with the Industrial Waste Regulations of the CITY specifically including but not limited to prohibited discharges and stormwater and unpolluted discharges 105 The CITY will remit to TAMU and TAMU will remit to the CITY any surcharge for wastes of abnormal strength as defined in the CITY Industrial Waste Regulations 2 Term Termination 201 This Agreement goes into effect as of the last date of the authorized signature hereto and will continue in effect for a period of five 5 years Thereafter this Agreement may be renewed in writing signed by both parties for additional five 5 year periods upon the same terms and conditions until this Agreement is terminated according to the provisions of Paragraph 202 202 Subject to the provisions of Paragraph 207 either party may cancel this Agreement by providing written notice to the other party Such termination shall not be effective and either party shall continue to provide domestic sanitary wastewater treatment services until the other party is able to find an alternate method of treating said wastewater or one 1 year from the date of receipt of notice of termination whichever occurs first 203 In the event the constituent characteristics of the domestic sanitary sewer wastewater as described herein causes a violation of either partys TCEQ permit the receiving party may immediately disconnect or plug the connection to its sewer system until the condition is cured Further under these conditions the offending party agrees to be liable for regulatory fines to the receiving party associated with each such permit violation 204 During the term of this Agreement both parties agree to and shall treat the quantities of domestic sanitary sewer wastewater described herein 205 If the average daily wastewater flows exceed those estimated herein by more than fifty percent 50 over a three month period either party may initiate termination 206 If either partys wastewater flows approach the planning for expansion threshold established in the TCEQ permit either party may initiate termination 207 For either of the hydraulic situations described in paragraphs 205 or 206 above TAMU and the CITY agree to explore other alternatives to termination 3 Terms and Conditions of Service 301 CITY will deliver to TAMU at each point of delivery designated by TAMU 3 of 9 55 during the term of this Agreement domestic sanitary sewer waste in the amounts and constituent characteristics as described in Section 1 above and facilities contained thereon 302 TAMU will deliver to the CITY at each point of delivery during the term of this Agreement domestic sanitary sewer waste in the amounts and constituent characteristics as described in Section 1 above and facilities contained thereon 303 At each point of delivery designated herein title and responsibility for the domestic sanitary sewer wastewater shall pass from the delivering party to the receiving party 304 Each party will design construct own and maintain an adequately sized sewer system to connect to each point of delivery The parties hereto agree that the sanitary sewer line constructed shall be according to specifications in compliance with TCEQ requirements 305 Prior to connection to the TAMU sewer the CITY shall show the point of delivery in a scaled drawing and deliver it to TAMU No construction upon TAMU property will be initiated prior to written authorization from TAMU which authorization shall not be unreasonably withheld Likewise TAMU will provide a scaled drawing showing the point of delivery and present it to the CITY No construction on CITY property will be initiated prior to written notice from the CITY which authorization shall not be unreasonably withheld 306 The CITY and TAMU mutually agree to the normal and customary practice in restoring any service interruption 307 CITY agrees to obtain TAMU concurrence for any construction or maintenance activities with any connection 308 CITY agrees to restore any damaged landscaping paving irrigation etc disturbed as a result of construction or maintenance of this connection 309 CITY provides no implied vesting of zoning or land use with this agreement The commercial developer of Gilmore tract noted above is solely responsible for securing to pursue any zoning that may be required and CITY provides no guarantees for approval of zoning change requests 4 Wholesale Contract Rate The rate charged by TAMU and paid by CITY on a monthly basis shall be the rate TAMU charges on campus This rate is updated annually by TAMU and effective on September 1 of each calendar year 5 Metering The parties agree that the monthly quantity of domestic sanitary sewer waste for billing purposes will be equal to 100 of the quantity of potable water delivered by either party to any facility served by this connection Both parties will furnish install 4 of 9 56 operate and maintain at its own expense the necessary equipment and devices of standard type required for properly measuring the quantity of potable water furnished to the facilities Both parties shall have access to such metering equipment at all reasonable times for inspection and examination If either party is unable to read any meter at the end of a month either party shall estimate the quantity of potable water furnished to the facility in accordance with its standard billing practice Reconciliation of actual to estimated billing will be made within three 3 months of the estimated billing 6 Payment 601 Both parties shall provide the other party with metered monthly quantities on or about the 5 day of each month Billing shall be rendered by both parties on or about the 25 day of each month The parties agree to remit payments as necessary not later than thirty 30 days after the billing date of each month 602 Each party has agreed to waive the billing provisions in this Agreement effective 07012013 but will continue to provide metered data per this Agreement Either party may resume billing upon a minimum of thirty day written notice due to a significant imbalance in the quantity of wastewater received during the previous 12 month period 603 The obligation of the CITY to make payments under this Agreement shall constitute an operating expense of its wastewater system payable solely from the revenues and receipts of such system 7 Capacity Both parties represent that they currently have sufficient capacity at their wastewater treatment plants to accept and treat the domestic sanitary sewer wastewater of the hydraulic and constituent characteristics described herein Additionally both parties represent that accepting the additional estimated flows of the hydraulic and constituent characteristics described herein will not violate any current terms of their wastewater permits issued by the TCEQ or the EPA In the event either party develops an issue with limited capacity to accept or treat wastewater from the other party with 18 month advance notification either party can request that the other party make provisions to either a begin accepting all or part of the wastewater being sent to the other party or b agree to make a mutually agreed upon financial payment either one time or ongoing to cover the cost of the party continuing to receive wastewater 8 Hold Harmless To the extent permitted by law and subject to the limitations as to damages in the Texas Tort Claims Act CITY and TAMU agree to hold each other harmless 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 for damage to any property or for any breach of contract arising out of or in connection with the work done under this Agreement to the extent authorized by the laws and Constitution of the State of Texas 5 of 9 57 9 Force Majeure If for any reason of force majeure either CITY or TAMU shall be rendered unable wholly or in part to carry out its obligation under this Agreement other than the obligation of either party to make the payments required under the terms of this Agreement then if the party shall give notice of the reasons in writing to the other partywithinareasonable time after the occurrence of the event or cause relied on the obligation of the party giving the notice so far as it is affected by the force majeure shall be suspended during the continuance of the inability then claimed but for no longer period The term force majeure as used in this Agreement shall means acts of God strikes lockouts or other industrial disturbances acts of public enemy orders or actions of any kind of government of the United States or of the State of Texas or any civil or military authority insurrections riots epidemics land slides lightning earthquakes fires hurricanes storms floods washouts droughts arrests restraints of government and people civil disturbances explosions breakage or accident to machinery pipelines or other structures partial or entire failure of wastewater collection and treatment system including pollution accidental or intentional and any inability on the part of either party to transport or treat wastewater on account of any other cause not reasonably within the control of the party claiming the inability 10 Invalidity If any provision of this Agreement shall be held to be invalid illegal or unenforceable by a court or other tribunal 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 respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties 11 Notices and Payments 1101 Unless otherwise specified written notice shall be deemed to have been duly served if delivered in person to the individual listed in Paragraph 1102 herein or if it is delivered or sent certified mail to the address listed in Paragraph 1102 herein 11 02 All notices and payments shall be sent and provided to the parties at the addresses listed below CITY OF COLLEGE STATION Attention Director of Water Services Department 1601 Graham Road College Station Texas 77845 With a copy to CITY OF COLLEGE STATION City Manager and City Attorney 1101 Texas Avenue College Station TX 77840 6 of 9 58 With a copy to TEXAS A M UNIVERSITY Vice President for Administration 1179 TAMU College Station Texas 77843 1103 The parties may change addresses for billing and payment upon thirty 30 days written notice sent certified mail return receipt requested Any other notices provided or required in this Agreement except for change of address for billings and payments may be provided by written notice or other means as provided in this Agreement 12 Entire Agreement It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements arrangements or understandings between the parties relating to the subject matter No oral understandings statements promises or inducements contrary to the terms of this Agreement exist This Agreement cannot be changed or terminated orally No verbal agreement or conversation with any officer agent or employee of either party either before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder 13 Amendment The parties may amend this Agreement upon mutual agreement of the parties No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing approved by the appropriate authority of each respective entity and signed by duly authorized representatives of both parties 14 Texas Law TEXAS A M UNIVERSITY Utilities Energy Services Texas A M University 1584 TAMU College Station TX 77843 This Agreement has been made under and shall be governed by the laws of the State of Texas 15 Place of Performance and Venue Performance and all matters related thereto shall be in Brazos County Texas United States of America and venue shall lie in a court of competent jurisdiction in Brazos County Texas 16 Authority to Enter Contract Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities 7 of 9 59 17 Waiver Failure of any party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement any part hereof or the right of either party thereafter to enforce each and every provision hereof No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived Furthermore any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach 18 Agreement Read The parties acknowledge that they have read understand and intend to be bound by the terms and conditions of this Agreement 19 Assignment This Agreement and the rights and obligations contained herein may not be assigned by TAMU or CITY without the prior written approval of the other party 20 Multiple Originals It is understood and agreed that this Agreement may be executed in a number of identical counterparts each of which shall be deemed an original for all purposes SIGNED this the day of 2013 TEXAS A M UNIVERSITY CITY OF COLLEGE STATION By 1 t By Bi J Crain Mayor Vice President for Finance CFO ATTEST 8 of 9 City Secretary APROVED jilliAttorney City Manager Executive Director Business Services 60 STATE OF TEXAS COUNTY OF BRAZOS This instrument was acknowledged before me on this day of D 2013 by B J Crain in her capacity as Vice President for Finance CFO of ex A M University an agency of the State of Texas on its behalf LISA M ROSSER Notary Public State of Texas Commission Expires 01 28 2017 Notary without Bond STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT ACKNOWLEDGMENT ot ry Public in and for the State of Texas This instrument was acknowledged before me on this day of 2013 by Nancy Berry in her capacity as Mayor of the City of College Station a Texas home rule municipal corporation on its behalf 9 of 9 Notary Public in and for the State of Texas 61 August 8, 2013 Consent Agenda Item No. 2h Fire Department Asset Management Audit To: Mayor and Members of the City Council From: Ty Elliott, City Internal Auditor Agenda Caption: Presentation, possible action, and discussion concerning the City Internal Auditor’s Fire Department Asset Management Audit. Recommendation(s): Audit recommendations are on pages 18 through 19 of the report. Summary: Reasons for the Audit: The City is currently considering an upgrade to its ERP system. This audit was designed to help the City better understand the current condition and challenges of its ERP system, which in turn will help the City make a more informed decision when selecting the new system. This audit focused on the Fire Department. By initially focusing on just one department, we were able to work out the best ways for completing audits of this kind. As we now embark on a city-wide asset management audit, we are confident that we will be able to carry it out efficiently and effectively. Results from the Audit: In the course of the audit we found areas where internal controls could be strengthened. There were three primary lessons to be learned from this audit. 1. The City’s new ERP system should offer more integration between applications than the current system. 2. The City should develop and implement an efficient method for locating assets that have been recorded in the City’s accounting records. 3. The City’s policies and procedures should have a greater focus on asset management. Upon completion of this audit, we have decided to continue the asset management audit city-wide. We believe this will be beneficial as it will further highlight areas where the City’s asset management policies and procedures can be improved. Attachments: The Fire Department Asset Management Audit Report is on file and available for review in the City Secretary’s Office. 62 August 8, 2013 Consent Agenda Item No. 2i First Renewal of Copying and Printing Services To: Kathy Merrill, Interim City Manager From: Jeff Kersten, Executive Director of Business Services Agenda Caption: Presentation, possible action, and discussion regarding approval of the first renewal of copying and printing services price agreements. The estimated annual expenditures related to copying and printing services are to be renewed as follows: Tops Printing $40,000; Copy Corner $40,000; Office Depot $20,000; Cerqa $20,000. Relationship to Strategic Goals: Financially Sustainable City Recommendation(s): Staff recommends approval of renewing the annual expenditures to Tops Printing $40,000; Copy Corner $40,000; Office Depot $20,000; Cerqa $20,000. These estimates are based on the past year’s history for city-wide printing and copying. Summary: Staff issued a Request for Proposal, #12-075, in July 2012 for the City’s Copying and Printing Services. Six (6) sealed proposals were received and were reviewed by a committee of representatives from several City departments. The following awards were approved by Council on August 23, 2012: I. Category I - Digital Print and Copy This category includes standard black/white copies/prints; standard color copies/prints; some oversize black/white/color copies/prints; blueprints and finishing services. A multiple award is recommended so departments may choose based on pricing and convenience: Tops Printing $40,000 Copy Corner $40,000 Office Depot $20,000 II. Category II - Offset Printing and High Volume Color Printing This category includes City letterhead, pre-printed envelopes and business cards. Award is recommended to: Cerqa $20,000 In July 2013, renewal letters were signed and returned by Tops Printing, Copy Corner, Office Depot and Cerqa. Upon Council approval, staff will issue new blanket purchase orders to be used by all City departments throughout the year. Budget & Financial Summary: Funds are available and budgeted in each Department for copying and printing services. Reviewed and Approved by Legal: N/A Attachments: Letters of renewal: Tops Printing, Copy Corner, Office Depot, Cerqa 63 64 65 66 67 August 08, 2013 Consent Agenda Item No. 2j Call Public Hearing on FY 2013-2014 Proposed Budget To: Kathy Merrill, Interim City Manager From: Jeff Kersten, Executive Director Business Services Agenda Caption: Presentation, possible action, and discussion on calling a public hearing on the City of College Station FY 2013-2014 Proposed Budget for Thursday August 22, 2013 at 7:00 PM in the City Hall Council Chambers. Recommendation(s): Staff recommends the City Council call a public hearing on the City of College Station FY 2013-2014 Proposed Budget for Thursday August 22, 2013 at 7:00 PM in the City Hall Council Chambers. Summary: State law says that notice of the public hearing on the budget must be made no less than 10 days prior to the meeting for the public hearing. After the public hearing the Council may insert or delete items or may increase or decrease items so long as the total of any increases or insertions do not increase the total budget by 3% or more. Budget & Financial Summary: The proposed budget will be available for review. Review and Approved by Legal: N/A Attachments: N/A 68 August 8, 2013 Consent Agenda Item No. 2k 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 pad-mounted distribution transformers to be maintained in inventory to KBS, $81,350.00 and Priester-Mell & Nicholson, $30,893.00, for a total of $112,243.00. 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: KBS $37,600.00 Item 2: KBS $16,210.00 Item 3: KBS $16,310.00 Item 4: Priester-Mell & Nicholson $15,470.00 Item 5: Priester-Mell & Nicholson $ 3,178.00 Item 6: KBS $11,230.00 Item 7: Priester-Mell & Nicholson $12,245.00 TOTAL $112,243.00 Summary: Six (6) sealed competitive bids were received and opened on July 22, 2013. KBS and Priester-Mell & Nicholson were the lowest responsible bidders for their respective bid items. Priester-Mell & Nicholson did take exception to the bid’s liquidated damages. Their bids were recalculated according to the instructions in the bid documents, and they remained the low bidder on item 4, 5, and 7. 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 a s necessary. Budget & Financial Summary: Funds are budgeted and available in the Electric Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed and Approved by Legal: N/A Attachments: Bid Tabulation #13-083 69 Order Quantity:25 INVENTORY #:285-086-00031 HD Supply Utilities #1 GE $1,881.48 $47,037.00 $2,363.54 7 HD Supply Utilities #2 Ermco $1,552.38 $38,809.50 $1,997.70 8-10 KBS #1 Cooper $1,965.00 $49,125.00 $2,481.02 7-9 KBS #2 Ermco $1,504.00 $37,600.00 $1,949.32 8-10 Priester Mell & Nicholson Central Moloney $1,624.00 $40,600.00 $2,126.94 8 TEC #1 Ermco $1,545.00 $38,625.00 $1,990.32 9-11 TEC #2 GE $1,871.00 $46,775.00 $2,353.06 8-9 Techline #1 Howard $1,569.00 $39,225.00 $2,051.06 6-8 Techline #2 Howard $1,929.00 $48,225.00 $2,297.52 8-10 Wesco ABB $1,776.00 $44,400.00 $2,247.13 6-8 Low Bid ITEM NUMBER: 1 Total Owning Cost (TOC) DELIVERY (weeks) ITEM DESCRIPTION: 25 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #13-083 "Purchase of Pad-Mount Transformers" Open Date: Tuesday, July 23, 2013 @ 2:00 pm Page 1 70 Order Quantity:10 INVENTORY #:285-086-00059 HD Supply Utilities #1 GE $2,021.16 $20,211.60 $2,684.36 7 HD Supply Utilities #2 Ermco $1,668.78 $16,687.80 $2,318.27 8 KBS #1 Cooper $2,181.00 $21,810.00 $2,865.98 7-9 KBS #2 Ermco $1,621.00 $16,210.00 $2,270.49 8-10 Priester Mell & Nicholson Central Moloney $1,767.00 $17,670.00 $2,422.08 8 TEC #1 Ermco $1,660.00 $16,600.00 $2,309.49 9-11 TEC #2 GE $2,010.00 $20,100.00 $2,673.20 8-9 Techline #1 Howard $1,929.00 $19,290.00 $2,573.18 6-8 Techline #2 Howard $2,122.00 $21,220.00 $2,789.39 8-10 Wesco ABB $1,855.00 $18,550.00 $2,536.22 6-8 Low Bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 2 ITEM DESCRIPTION: 37.5 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #13-083 "Purchase of Pad-Mount Transformers" Open Date: Tuesday, July 23, 2013 @ 2:00 pm Page 2 71 Order Quantity:10 INVENTORY #:285-086-00032 HD Supply Utilities #1 GE $2,142.85 $21,428.50 $2,976.94 7 HD Supply Utilities #2 Ermco $1,819.04 $18,190.40 $2,602.02 8-10 KBS #1 Cooper $2,398.00 $23,980.00 $3,234.52 7-9 KBS #2 Ermco $1,631.00 $16,310.00 $2,415.85 8-10 Priester Mell & Nicholson Central Moloney $1,859.00 $18,590.00 $2,676.57 8 TEC #1 Ermco $1,810.00 $18,100.00 $2,592.98 9-11 TEC #2 GE $2,131.00 $21,310.00 $2,965.09 8-9 Techline #1 Howard $2,058.00 $20,580.00 $2,873.38 6-8 Techline #2 Howard $2,378.00 $23,780.00 $3,104.20 8-10 Wesco ABB $2,032.00 $20,320.00 $2,847.04 6-8 Low Bid Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 3 ITEM DESCRIPTION: 50 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #13-083 "Purchase of Pad-Mount Transformers" Open Date: Tuesday, July 23, 2013 @ 2:00 pm Page 3 72 Order Quantity:10 INVENTORY #:285-086-00061 HD Supply Utilities #1 GE $1,804.00 $18,040.00 $2,634.02 7 HD Supply Utilities #2 Ermco $1,681.48 $16,814.80 $2,466.33 8-10 KBS #1 Cooper $2,364.00 $23,640.00 $3,219.59 7-9 KBS #2 Ermco $1,826.00 $18,260.00 $2,581.92 8-10 Priester Mell & Nicholson Central Moloney $1,547.00 $15,470.00 $2,362.70 8 TEC #1 Ermco $1,675.00 $16,750.00 $2,459.85 9-11 TEC #2 GE $1,898.00 $18,980.00 $2,728.02 8-9 Techline #1 Howard $1,873.00 $18,730.00 $2,677.14 6-8 Techline #2 Howard $2,095.00 $20,950.00 $2,835.84 8-10 Wesco ABB $1,987.00 $19,870.00 $2,862.74 6-8 Low bid Note: PM&N took exception to liquidated damages but retained low bid after recalculation for evaluation. Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 4 ITEM DESCRIPTION: 50 KVA Type II Padmount Transformer 240/120 (low profile) BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #13-083 "Purchase of Pad-Mount Transformers" Open Date: Tuesday, July 23, 2013 @ 2:00 pm Page 4 73 Order Quantity:2 INVENTORY #:285-086-00062 HD Supply Utilities #1 GE $2,564.02 $5,128.04 $3,396.85 7 HD Supply Utilities #2 Ermco $1,882.54 $3,765.08 $2,638.46 8-10 KBS #1 Cooper $2,390.00 $4,780.00 $3,221.84 7-9 KBS #2 Ermco $1,827.00 $3,654.00 $2,582.92 8-10 Priester Mell & Nicholson Central Moloney $1,589.00 $3,178.00 $2,446.77 8 TEC #1 Ermco $1,872.00 $3,744.00 $2,627.82 9-11 TEC #2 GE $2,550.00 $5,100.00 $3,382.83 8-9 Techline #1 Howard $2,432.00 $4,864.00 $3,255.16 6-8 Techline #2 Howard $2,819.00 $5,638.00 $3,554.24 8-10 Wesco ABB $2,093.00 $4,186.00 $2,876.54 6-8 Low bid Note: PM&N took exception to liquidated damages but retained low bid after recalculation for evaluation. Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 5 ITEM DESCRIPTION: 50 KVA Padmount Transformer 480/240 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #13-083 "Purchase of Pad-Mount Transformers" Open Date: Tuesday, July 23, 2013 @ 2:00 pm Page 5 74 Order Quantity:5 INVENTORY #:285-086-00033 HD Supply Utilities #1 GE $2,629.62 $13,148.10 $3,739.09 7 HD Supply Utilities #2 Ermco $2,316.40 $11,582.00 $3,417.10 8-10 KBS #1 Cooper $2,741.00 $13,705.00 $3,848.20 7-9 KBS #2 Ermco $2,246.00 $11,230.00 $3,346.70 8-10 Priester Mell & Nicholson Central Moloney $2,253.30 $11,266.50 $3,374.88 8 TEC #1 Ermco $2,304.00 $11,520.00 $3,404.70 9-11 TEC #2 GE $2,615.00 $13,075.00 $3,724.47 8-9 Techline #1 Howard $2,528.00 $12,640.00 $3,637.77 6-8 Techline #2 Howard $2,870.00 $14,350.00 $3,874.50 8-10 Wesco ABB $2,357.00 $11,785.00 $3,441.17 6-8 Low bid PM&N's original bid was $2146 but took "exception to liquidated damages." Per bid specifications, 5% was added to the unit price and recalculated to $2253.30. Total Owning Cost (TOC) recalculated from $3267.58 to $3374.88. Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 6 ITEM DESCRIPTION: 75 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #13-083 "Purchase of Pad-Mount Transformers" Open Date: Tuesday, July 23, 2013 @ 2:00 pm Page 6 75 Order Quantity:5 INVENTORY #:285-086-00034 HD Supply Utilities #1 GE $3,046.00 $15,230.00 $4,417.48 7 HD Supply Utilities #2 Ermco $2,707.93 $13,539.65 $4,075.65 8-10 KBS #1 Cooper $3,051.00 $15,255.00 $4,427.95 7-9 KBS #2 Ermco $2,624.00 $13,120.00 $3,991.72 8-10 Priester Mell & Nicholson Central Moloney $2,449.00 $12,245.00 $3,831.66 8 TEC #1 Ermco $2,693.00 $13,465.00 $4,060.72 9-11 TEC #2 GE $3,030.00 $15,150.00 $4,401.48 8-9 Techline #1 Howard $2,930.00 $14,650.00 $4,287.46 6-8 Techline #2 Howard $3,297.00 $16,485.00 $4,431.56 8-10 Wesco ABB $2,593.00 $12,965.00 $4,059.36 6-8 Low bid Note: PM&N took exception to liquidated damages but retained low bid after recalculation for evaluation. Total Owning Cost (TOC) DELIVERY (weeks) ITEM NUMBER: 7 ITEM DESCRIPTION: 100 KVA Padmount Transformer 240/120 BIDDER MANUFACTURER UNIT PRICE EXTENDED PRICE City of College Station - Purchasing Division Bid Tabulation for #13-083 "Purchase of Pad-Mount Transformers" Open Date: Tuesday, July 23, 2013 @ 2:00 pm Page 7 76 SUMMARY Vendor Manufacturer Quantity Unit Price Total Delivery Item #1 25 KVA Padmount Transformer 240/120 KBS Ermco 25 $1,504 $37,600 8-10 weeks Inventory #285-086-00031 Item #2 37.5 KVA Padmount Transformer 240/120 KBS Ermco 10 $1,621 $16,210 8-10 weeks Inventory #285-086-00059 Item #3 50 KVA Padmount Transformer 240/120 KBS Ermco 10 $1,631 $16,310 8-10 weeks Inventory #285-086-00032 Item #4 50 KVA Type II Padmount Transformer 240/120 PM&N Central Moloney 10 $1,547 $15,470 8 weeks Inventory #285-086-00061 Item #5 50 KVA Padmount Transformer 480/240 PM&N Central Moloney 2 $1,589 $3,178 8 weeks Inventory #285-086-00062 Item #6 75 KVA Padmount Transformer 240/120 KBS Ermco 5 $2,246 $11,230 8-10 weeks Inventory #285-086-00033 Item #7 100 KVA Padmount Transformer 240/120 PM&N Central Moloney 5 $2,449 $12,245 8 weeks Inventory #285-086-00034 $112,243Grand Total City of College Station - Purchasing Division Bid Tabulation for #13-083 "Purchase of Pad-Mount Transformers" Open Date: Tuesday, July 23, 2013 @ 2:00 pm Page 8 77 August 8, 2013 Consent Agenda Item No. 2L Thirty Inch (30”) Transmission Line Reinstallation Project (WF1344704) Resolution Determining Need and Necessity for Easement Acquisition To: Kathy Merrill, Interim City Manager From: Chuck Gilman, P.E., PMP, Public Works Director Agenda Caption: Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City staff to negotiate for the purchase of an easement needed for the Thirty Inch (30”) Transmission Line Reinstallation Project (the “Project”). Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends Council approval of the Resolution Determining Public Need and Necessity. Summary: The existing water transmission lines located along FM 2818 were built to transport water from the City’s well fields in northwest Brazos County to the Dowling Road Pump Station in southwest College Station. The lines cross FM 2818 just south of Villa Maria Road, in the footprint of an overpass that is being built by TxDOT. Acquisition of another easement will enable the City to relocate the water line crossing further to the south, which will allow for ongoing maintenance. Approval of the Resolution Determining Need and Necessity will authorize staff to negotiate for the purchase of an easement that will be needed to complete the project. Budget & Financial Summary: Funds in the amount of $1,379,836 are budgeted for this project in the Water Capital Improvement Projects Fund. A total of $340,284 has been expended or committed to date, leaving a balance of $1,039,552. However, it is anticipated that the project will come in below budget and the estimate for the project that is included in the FY14 Proposed Budget has been revised accordingly to $788,671. Reviewed and Approved by Legal: Yes Attachments: 1. Project Map 2. Resolution Determining Public Need and Necessity with Field Notes and Easement 78 !! ! ! ! ! ! ! ! ! !(!(!(LÉ LÉ "¥ "¥ "¥ !(!(!(!(!(42" Casing Proposed 30-Inch Water Transmission Line Existing 36-Inch Water Transmission Line FM 2818 Villa Maria 30-Inch Water Transmission Line Reinstallation 79 80 81 82 83 84 85 August 8, 2013 Consent Agenda Item No. 2m Community Development FY 2014 (PY 2013) Action Plan and Budget To: Kathy Merrill, Interim City Manager From: Bob Cowell, AICP, CNU-A Executive Director – Planning & Development Services Agenda Caption: Presentation, possible action, and discussion regarding the proposed Community Development FY 2014 (PY 2013) Action Plan and Budget. Relationship to Council Strategic Plan: Financially Sustainable City, Core Services and Infrastructure, Neighborhood Integrity, and Diverse Growing Economy Recommendation(s): Approval of the proposed FY 2014 (PY 2013) Action Plan and Budget. Summary: Staff presented the proposed Action Plan and Budget for FY 2014 (PY 2013) to City Council on July 11th . The Plan includes goals, objectives and funding recommendations for projects and programs. Each year, the City is required to submit to the U.S. Department of Housing and Urban Development (HUD) a one year Action Plan describing projects and activities to be funded with the community development grants received. Action Plan activities must correspond to the 5-Year Consolidated Plan. HUD requires that the Action Plan and Budget be delivered by August 16, 2013, therefore these are presented prior to the Council’s consideration of the overall City budget. The new grant amounts available for PY 2013 includes $1,028,957 in Community Development Block Grant (CDBG) funds and $379,327 in HOME Investment Partnership Grant (HOME) funds. The budget includes previously programmed but unspent grant funds from current years in the amount of $1,374,393 in CDBG and $1,283,203 in HOME, in addition to expected program income in the amount of $29,763 to be received from reconstruction loans executed in previous years. CDBG and HOME funds may only be used to: (1) benefit low- and moderate-income persons; (2) aid in the elimination of slum and blighting influences, and/or; (3) meet a particular urgent need. Further, CDBG funds may be used to meet local needs through a wide range of community development activities, while HOME funds may only be used for affordable housing activities. The proposed plans and budget were developed using input received from a series of public hearings, program committee meetings, and citizen input. The goals and objectives in the 2010-2014 Consolidated Plan were followed in preparing this year’s Plan. These goals and objectives were prepared to meet the specific needs of lower-income citizens, and to provide support for families working towards self-sufficiency. The 30-day public comment period for the proposed plan and budget ended on July 31st and comments received are attached. Budget & Financial Summary: See attached financial summaries for the proposed FY 2014 Budget for CDBG and HOME funds. Reviewed and Approved by Legal: Yes 86 Attachments: Attachment 1: Resolution Attachment 2: Proposed FY 2014 Community Development Budget Summary Attachment 3: Plan Development Summary Attachment 4: Proposed FY 2014 Public Service Funding Recommendations Attachment 5: Proposed FY 2014 Public Facility Funding Recommendations Attachment 6: PY 2010 – 2014 Community Development Goals Attachment 7: 2013 Median Income Limits Attachment 8: Map of Eligible Community Development Areas Attachment 9: Community Development Project Descriptions Attachment 10: Comments Received During 30-day Public Comment Period Attachment 11: Proposed FY 2014 (PY 2013) Action Plan and Budget – Available online 87 88 89 90 91 92 93 94 95 96 97 98 99 Attachment 2: FY 2014 Proposed Community Development Budget PROJECT CDBG & HOME CARRY-OVER CDBG & HOME NEW ALLOCATIONS CDBG & HOME TOTAL PROPOSED Owner-Occupied Rehabilitation $209,603 $47,356 256,959 Demolition $4,500 $20,000 $24,500 Interim Assistance $5,000 $0 $5,000 Homebuyer Assistance $135,211 $65,065 $200,276 CHDO $148,346 $56,907 $205,253 CHDO Operating Expenses $0 $18,966 $18,966 Construction/Leveraged Development $637,570 $0 $637,570 Housing Services $11,698 $20,000 $31,698 Rental Rehabilitation $56,657 $153,101 $209,758 Code Enforcement (PDS) $9,318 $103,452 $112,770 Tenant Based Rental Assistance $125,816 $0 $125,816 Public Service Agency (See Attachment 3) $29,950* $154,343 $184,293 Public Facility (See Attachment 4) $1,283,926 $553,137 $1,837,063 Grant Administration $0 $215,957 $215,957 CDBG &HOME Total Proposed $4,065,879 Recaptured Funds/ Program Income $29,764** Total Community Development Budget $4,095,643 *Carry-over funds represent 4th **To be utilized for New Construction/Leveraged Development when realized quarter payments for FY 2013 100 Attachment 3: Consolidated Plan and Budget Development Process Summary, FY 2014 Pre-proposal workshop for agencies Feb. 15, 2013 Event Date Public hearing on Consolidated Plan and Budget (Lincoln Center) Mar. 5, 2013 JRFRC proposals due Mar. 29, 2013 JRFRC Meeting Apr. 4, 2013 Apr. 11, 2013 Apr. 18, 2013 Apr. 25, 2013 May 2, 2013 May 9, 2013 May 16, 2013 JRFRC Public Service Agency public hearings May 22, 2013 May 23, 2013 30-Day Public Comment Period begins July 1, 2013 Public hearing to present goal and objectives and public comments July 9, 2013 regarding the proposed PY 2013 Annual Action Plan (Lincoln Center) First presentation of Consolidated Plan and Budget to City Council July 11, 2013 30-Day Public Comment Period ends July 31, 2013 Request council approval by consent agenda of PY 2013 Annual Action Plan Aug. 8, 2013 and Budget PY 2013 Annual Action Plan due to HUD no later than Aug. 16, 2013 101 Attachment 4: FY 2014 CDBG Public Service Funding Summary & Recommendations Agency Program Requested Recommended Funding Funded Items Client #’s /Cost per Client Funding City Voices for Children Court- Appointed Special Advocates $23,385 $21,178 Head Volunteer Coordinator, Recruitment and Education Coordinator 265 $79.92 CS Family Promise of Bryan-College Station Case Management $20,000 $18,809 Personnel 50 $376.18 Bryan Scotty’s House Brazos Valley Child Advocacy Center Brazos County counseling services $16,148 $16,113 Salary and FICA 100 $161.13 CS Unity Partners dba Project Unity Safe Harbor Supervised Visitation Program $25,280 $22,505 Personnel, FICA, Security 600 $37.51 Bryan Brazos Maternal & Child Health Clinic, Inc. The Prenatal Clinic $37,280 $30,905 Medical Supplies, and Medical Testing Personnel 880 $35.12 CS Mental Health Mental Retardation Authority of Brazos Valley Mary Lake Peer Support Center $32,006 $25,213 Salary (No Fringe), Utilities, Telephone, Auto, maintenance 50 $504.26 CS Brazos Valley Counseling Services BV Counseling Services $26,371 $21,550 Rent, Executive Director Salary 275 $78.36 Bryan Brazos Valley Counsel on Alcohol & Substance Abuse BVCASA Substance Abuse Screening Program $25,000 B- $15,999.22 CS- $4,658.55 Personnel Salary 730 $28.30 B & CS Twin City Mission, Inc. Manager/Client Assistance Program $32,180 $25,326 Case Manager Direct Salary, Fringe, Client Assistance 550 $46.05 CS Easter Seals East Texas, dba Brazos Valley Rehabilitation Center Autism assessment, Research and Intervention Clinic $20,200 $17,539 Autism Teacher Salaries 45 $389.76 Bryan Total $257,849.70 $219,795.77 City Department Programs Kids Klub $19,950 205 CS CS PARD $11,000 60 CS 102 Attachment 5: FY 2014 CDBG Public Facility Funding Summary & Recommendations Activity Recommended Funding Description Cooner Street Rehabilitation $870,790 Continuation -Funds will be used to rehabilitate Cooner Street east of Texas Avenue South. The project scope will include the replacement of existing wastewater, water, and roadway infrastructure. Funds will be used to design the utility rehabilitation and the design and construction of the street reconstruction. Wellborn Road Sidewalks $552,009 Continuation - FY 12 funds were used to design a new sidewalk on the east side of Wellborn Road extending from Luther Street to Southwest Parkway. FY 13 funds allocated for acquisition of easements and construction. Due to increased requirement identified in FY 13 for easements, additional funds are being allocated in FY 14 for the acquisition of required easements. Dominik Drive Sidewalks - #1 George Bush Dr to Regency Village Apartments $20,255 FY 14 funds will be used to design a new sidewalk on the south side of Dominik from George Bush Drive to The Gables Apartments. This project was identified in the Bicycle, Pedestrian and Greenways Master Plan and Eastgate Neighborhood Plan. Funds for construction will be allocated during a future budget year. Southland Street Sidewalks $84,987 FY 14 funds will be used to design and construct a new sidewalk on Southland Street from FM 2154 to the pedestrian bridge. This project was identified in the Southside Neighborhood Plan. Westridge Drive & San Pedro Sidewalks $137,707 FY14 funds will be used to design and construct new sidewalks on Westridge and San Pedro. This project was identified in the Bicycle, Pedestrian and Greenways Master Plan and the Central College Station Neighborhood Plan. Nimitz Street Rehabilitation $82,253 FY 14 funds will be used to design a standard 2-lane local street with sidewalk on Nimitz from Lincoln Avenue to Ash Street. The current street configuration is a substandard rural section and is not centered in right-of-way and within 5 feet of several single-family dwellings on the western side lots. Dominik Drive Sidewalks - #2 Texas Avenue to George Bush Drive East $ 20,929 FY 14 funds will be used to design sidewalks on the south side of Dominik from Texas Avenue to George Bush Drive East. This project was identified in the Bicycle, Pedestrian and Greenways Master Plan and Eastgate Neighborhood Plan. Funds for construction will be allocated during a future budget year. Domink Drive Sidewalks - #3 Stallings Drive to Munson Avenue $19,857 FY 14 funds will be used to design sidewalks on the south side of Dominik from Stallings Drive to Munson Avenue. This project was identified in the Bicycle, Pedestrian and Greenways Master Plan and Eastgate Neighborhood Plan. Funds for construction will be allocated during a future budget year. Park Place ADA Sidewalk Improvements $48,275 FY 14 funds will be used to design and construction an ADA compliant sidewalk and retaining wall at the southwest corner of Texas Avenue. Staff salaries and Engineering Total $1,837,063 103 Attachment 6: PY 2010 – 2014 Community Development Goals Goal: Ensure adequate housing assistance for lower income homeowners. Housing Strategies - Encourage and facilitate maintenance of residential units by L/M income homeowners through residential rehab loans. : - Acquire real property for future development of affordable housing, parks, or other activities that enhance neighborhoods. - Encourage and facilitate the removal and replacement of dilapidated structures and/or address community emergencies. - Utilize code enforcement regulations to maintain the integrity of older neighborhoods. Goal: Retain and expand affordable housing opportunities for low- and moderate-income homebuyers. -Encourage and support programs and projects that provide financial assistance to L/M income purchasers of existing or new affordable homes. Strategies: - Encourage and support programs and projects that provide education and counseling to lower-income home-owners and homebuyers. - Encourage and support programs and projects that construct new housing units for L/M homebuyers. Goal: Ensure adequate affordable rental housing opportunities for low- and moderate-income families and individuals. Strategies - Encourage and facilitate the rehabilitation of affordable rental units. : - Encourage and facilitate the construction of new affordable rental units. Goal: Address the needs of homeless persons to make the transition to permanent housing and independent living and help families avoid becoming homeless. Homelessness and Special Needs Strategies - : Preventing homelessness - Provide assistance for low-income households to secure and sustain safe, decent affordable housing. : -Outreach and assessment - Foster coordination, collaboration, and increased resources to assess community needs, available services, and service gaps. Use this information to target and improve service provision. : -Emergency and transitional shelter - Encourage and support programs and agencies that supply or seek out emergency and/or transitional shelter for families and individuals. : -Transition to permanent housing and independent living - Assist homeless persons in meeting various human and health service needs as well as provide training and counseling opportunities to help with the transition to self-sufficiency. : 104 Goal: Ensure adequate affordable housing opportunities and supportive services for the lower income special needs populations. Strategy - Encourage and facilitate organizations that provide social and/or housing services to special needs populations. : Goal: Encourage and support the delivery of health and human services to assist families in reaching their fullest potential. Non-Housing Strategies - Encourage and support nonprofit providers of health care, dental care, and mental health care to deliver programs to qualified L/M families/persons. : - Encourage continued development and facilitate development of new or enhanced senior citizen programming. - Facilitate development of affordable childcare and youth programs. - Ensure that the provision of other health and human services is approached within a comprehensive framework to enable families and individuals in breaking the cycle of poverty. - Encourage new or enhanced transportation programs that assist L/M income persons to address their mobility needs. Goal: Provide safe, secure, and healthy environments for families and individuals. Strategies - Improved accessibility to programs serving L/M income individuals and families through rehabilitation or expansion of public or private facilities. : - Rehabilitation and expansion of infrastructure including water and sewer lines, street, and sidewalk, and flood drain improvements. - Improve or expand park facilities including green space, neighborhood parks, and recreational facilities. - Improve transportation facilities to increase the accessibility of health and human services and basic needs for L/M income persons. Goal: Development of a strong and diverse economic environment to break cycle of poverty. Strategies - Rehabilitate and/or develop new spaces for businesses to better realize job creation. : - Support and expand community wide training and employment activities targeting low/mod households. 105 Attachment 7: 2013 Median Income Limits 2013 MEDIAN INCOME LIMITS City of College Station Community Development This list supersedes all other lists of prior dates. Household 30% 50% 80% 1 $11,650 $19,400 $31,000 2 $13,300 $22,150 $35,400 3 $14,950 $24,900 $39,850 4 $16,600 $27,650 $44,250 5 $17,950 $29,900 $47,800 6 $19,300 $32,100 $51,350 7 $20,600 $34,300 $54,900 8 $21,950 $36,500 $58,450 The left column (Household) refers to the number of people in the home. The highlighted column (80%) refers to your maximum income allowed per year by HUD guidelines. Limits effective for 2013 on December 11, 2012. Source: http://www.huduser.org/portal/datasets/il/il2012/2012summary.odn?inputname=METRO17780M17780*College+Station- Bryan%2C+TX+MSA&selection_type=hmfa&year=2013 106 Attachment 8: Map of Eligible Community Development Areas 107 Attachment 9: Comments Received & Final Revisions on the Proposed PY 2013 Action Plan & Budget Comment Received During the July 9th • Project Unity is appreciative of the fact that the City of College Station uses CDBG funds to support community organizations. The funding sustains their operation in ways that other funding cannot. Public Hearing: • MHMR thanks the City for participating with the CDBG grant and bringing these much needed dollars to our community and encourages the City to continue to allow for the maximum 15% funding for Public Service Agencies. These dollars are important as local nonprofits continue to see a decline in funding from other sources. Without such funding, programs would wither need to be cut back or eliminated altogether. Comments Received from Council During the July 11th • Request of additional information regarding the activities of the Brazos Maternal & Child Clinic, one of the public service agencies recommended for funding in PY 2013. Regular Council Meeting • Proposed increase or shift in funding from external agencies to internal programs administered directly by the City to expand City-provided service offerings. • Request that the City expand repayable loan programs to include offerings such as a micro- financing program to assist local entrepreneurs with small-dollar business loans to encourage local business development. Comments Received During the 30-Day Public Comment Period: • No comments received Final Revisions Made to the Proposed PY 2013 Action Plan and Budget: • Update… NOTE: Comments were received from local agency representatives at the July 9, 2013 Public Hearing and during the 30-Day Public Comment Period. There are no changes to the specific program/project allocation as recommended at the July 11th Regular Council Meeting. Only the above noted updates, public comments, and response to comments were made to the draft as previously presented to Council. 108 Attachment 10: Community Development Project Descriptions Owner-Occupied Housing Assistance HOME and CDBG funds will be used for housing rehabilitation, minor repairs, weatherization, home security, and reconstruction to low-moderate income homeowners; the removal of architectural barriers; and the inspection, testing and abatement of lead hazards. Funds will also be used for program delivery costs including staff salaries and benefits. Demolition CDBG funds will be used for clearance, demolition and removal of dilapidated structures that have been deemed uninhabitable in accordance with City codes, including the movement of structure to other sites. Funds will also be used for program delivery costs including staff salaries and benefits. Interim Assistance In case of a community emergency affecting the health and safety of residents, CDBG funds will be utilized to address immediate threats and for financial and technical assistance to coordinate clean-up efforts to eligible households. Homebuyer Assistance Down payment and closing cost assistance provided to eligible, qualified homebuyers through deferred no interest loans with HOME funds. Funds will be used for program delivery costs including staff salaries and benefits. Community Housing Development Organization HOME funds will be made available to an eligible CHDO for the acquisition, development and construction of affordable housing units or the rehabilitation of existing housing units. CHDO Operating Expenses HOME funds are allowable for 5% of grant for operating/administration expenses incurred by eligible CHDO to build capacity to carryout current and future CHDO activities. Construction - Leveraged Development and Non-Profit Partners HOME funds will be used to facilitate the development of new affordable housing or the renovation of existing housing for low-income residents. Activities may include the acquisition of land, soft costs, or construction of single-family or multi-family units. Housing Services CDBG funds will be used for costs associated with processing applicants for all HOME housing assistance programs and marketing efforts. Expenses will include staff salaries and benefits and homebuyer/ homeowner counseling program. Rental Rehabilitation HOME funds will be matched with private funds to rehabilitate rental properties that will maintain affordable rents for low-income households for a specified period of time following the completion of the project. Projects will be selected based on the following priorities: bringing the unit up to City Codes and HUD standards, upgrade systems, energy conservation upgrades, exterior repairs, and other upgrades that increase marketability. 109 Code Enforcement CDBG funds will be used for salary and benefits to support code enforcement activities targeted low- moderate income areas in College Station. Two officers in the Planning & Development Services Department focus efforts in targeted areas. Community Development staff members address code compliance in the Northgate District, an eligible low-income area. Tenant Based Rental Assistance Using HOME funds, CD staff will administer a security deposit assistance program for low income individuals and families who will reside in HUD-supported housing units located in College Station, including LIHTC apartment complexes and other federally-subsidized rental units. CD staff will also work with the Housing Choice Voucher Program to provide security deposit assistance to qualified voucher holders securing housing in College Station. Public Services 15% of the City’s CDBG fund allocation will be used in partnership with CDBG funds from the City of Bryan to fund non-profit social service agencies in the community. The Joint Relief Funding Review Committee, a Citizen Committee comprised of three members from the City of College Station and three from the City of Bryan, review program proposals from area nonprofits and recommend funding amounts based on their review. Funds are awarded to nonprofit programs who serve primarily low and moderate income residents of College Station and Bryan. Public Facility Funds will be used to create or rehabilitate or reconstruct streets, sidewalks, parks, water and wastewater utilities, or other infrastructure improvements in College Station. Program Administration HOME and CDBG funds will be used for management, planning and administration of the City’s PY 2013 CDBG, HOME and other eligible grant programs for LMI citizens. Staff will provide capacity building and technical assistance as needed to citizens, builders, developers, and service providers. Funds from the administrative budget are made available to Project Unity to provide planning and reporting support to CD staff and coordinate a variety of community meetings to address the needs of low- and moderate-income residents, available services, and resources among local service providers. 110 August 8, 2013 Regular Agenda Item No. 1 Variable Width Public Utility Easement Abandonments – 1846 Graham Road To: Kathy Merrill, Interim City Manager From: Bob Cowell, Executive Director - Planning and Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 5,077-square foot public utility easement and a 624-square foot public utility easement on Lots 5R-1 and 7, Block 1 of the Graham Corner Plaza Subdivision according to the plat recorded in Volume 9326, Page 216 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 Lots 5R-1 and 7. There are no public or private utilities in the subject portion of easement to be abandoned. The 5,077-square foot and 624-square foot public utility easements to be abandoned are located on Lots 5R-1 and 7, Block 1 of the Graham Corner Plaza Subdivision according to the plat recorded in Volume 9326, Page 216 of the Deed Records of Brazos County, Texas. Budget & Financial Summary: N/A Reviewed and Approved by Legal: 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) 111 Proposed 5,077-s.f. PUEAbandonment Proposed 624-s.f. PUEAbandonmentBIRMINGHAM RDB RID L E C T B RID L E T R AIL S C T BRIDLE GATE DRBIRMINGHAM RD S H 6 SROCK PRAIRIE RDS H 6 SLO NGMIRE DRGRAHAM RD± Vicinity Map 112 Proposed 5,077-s.f. PUEAbandonment Proposed 624-s.f. PUEAbandonment 8" 1 8 "6"8"8"6 3 0 0 1 12"2 4 " 8"16"6" 1 8 "12"8"55150 S H 6 S S H 6 S GRAHAM RDLONG MIRE DR10"8" Locatio n Map ± 113 114 115 116 117 118 August 8, 2013 Regular Agenda Item No. 2 Bridgewood & Barron Crossing Rezoning To: Kathy Merrill, Interim City Manager From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development Services Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, “Unified Development Ordinance”, Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas by 75.07 acres located in Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, recorded in Volume 6985, Page 42, of the Official Records of Brazos County, Texas, more generally located south of William D. Fitch between Barron Road and Victoria Avenue from R-1 Single-Family Residential and A-O Agricultural Open to PDD Planned Development District. Relationship to Strategic Goals: Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item at their July 18, 2013 meeting and voted 5-0 to recommend approval of the rezoning request with the meritorious modification and staff conditions. Staff also recommended approval of the request with the meritorious modification and staff conditions. Summary: This request is to rezone the property from R-1 Single-Family Residential and A-O Agricultural Open to PDD Planned Development District. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The subject tract is designated Restricted Suburban on the Comprehensive Plan Future Land Use and Character Map and is also located in Growth Area IV. In general, growth areas are located in greenfields and are intended to allow land use flexibility when coupled with higher design standards. Growth Area IV is intended for less intense suburban activities and cluster development may be utilized when a large portion (15% or more) of the overall area is retained for open space. In addition, suburban commercial and townhouse uses are permitted in planned developments of at least 30 acres. The proposed development is consistent with the allowable land uses for Growth Area IV and also with surrounding land use designations. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The proposed PDD will enable the development of clustered Restricted Suburban uses, named Bridgewood Subdivision, closest to the existing Castlegate Subdivision. Lot sizes will average 8,000 square feet and will be similar to those of the adjacent Castlegate Subdivision. In addition, open space will be provided within the development to offset gross density requirements of a maximum of four units per acre. Townhouse and suburban commercial uses will be located in Barron Crossing Subdivision and are proposed along the western side of the property, closer to Barron Road, and will provide a transition for the existing residential areas to William D. Fitch Parkway. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The 119 proposed land uses permitted through this PDD include those allowed in R-1 Single- family, R-3 Townhouse, and SC Suburban Commercial. The SC Suburban Commercial zoning district is intended for neighborhood-oriented commercial uses that will have residential-style architecture. The Suburban Commercial zoning district, along with the residential uses, are suitable adjacent to single-family and appropriate given the close proximity of William D. Fitch Parkway and the future W.S. Phillips Parkway. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is currently zoned R-1 Single-Family Residential and A-O Agricultural Open. The current zoning district is suitable for the property given the similar zonings and uses of nearby subdivisions. The tract narrows between William D. Fitch Parkway and future W.S. Phillips Parkway and this area is less suitable for single-family detached residences. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property can currently be marketed under the existing R-1 Single-Family zoning. However, the applicant has stated, “the marketability of the narrow strip of property between State Highway 40 and W.S. Phillips Parkway is not feasible.” 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: There is an existing 12- inch water main to the northwest on Barron Cut-Off Road, which will need to be extended to and through the property to provide water service. There is also an existing 15-inch sanitary sewer main traversing the tract that currently has adequate capacity in the downstream system to accommodate the proposed use. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing infrastructure, with the exception of the referenced water main extension, appears to be adequate for the proposed use at this time. Access to the site will be available via William D. Fitch Parkway and Barron Cut-Off Road. When the proposed development proceeds through the platting process, construction of portions of W.S. Phillips Parkway will be required in order for the site to be in compliance with the Thoroughfare Plan. All proposed driveways or streets to William D. Fitch Parkway will require approval from the Texas Department of Transportation. REVIEW OF CONCEPT PLAN The applicant has provided the following information related to the purpose and intent of the proposed zoning district: “To develop a sustainable mix of commercial and residential land uses in a growth area of the City in compliance with the City’s Comprehensive Land Use Plan and Character Designations.” The proposed Concept Plan includes uses permitted through R-1 Single-Family, R-3 Townhouse, and SC Suburban Commercial. The suburban commercial portion of the development will follow all requirements of SC Suburban Commercial zoning district and have an estimated building plot square footage of 45,000 square feet. The townhouse portion of the development will follow all requirements of R-3 Townhouse. Bridgewood Subdivision base zoning district will be R-1 Single-Family Residential and will follow additional requirements specified in the Concept Plan that have been provided by the applicant based on the guidance of the Comprehensive Plan and the proposed RS Restricted Suburban zoning district. Bridgewood is proposed as a cluster development with a maximum gross density of four units per acre, average lot size of 8,000 square feet, and absolute minimum lot size of 6,500 square feet. In order to offset clustered houses a minimum of 8 acres of open space is proposed. 120 Base Zoning and Meritorious Modifications At the time of plat and site plan, the project will need to meet all applicable site development standards and platting requirements of the UDO for the R-1 Single-Family, R-3 Townhouse, and SC Suburban Commercial zoning classifications, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following meritorious modification: 1. UDO Section 12-8.3.G.2 “Blocks” According to subdivision regulations, block lengths shall not exceed 1,200 linear feet in Restricted Suburban designations of the Comprehensive Plan Future Land Use and Character Map. When a block exceeds this length, an additional street is required to reduce the length of the block. Block length is required to be broken by the extension of a public street or a public way. The applicant is requesting modification of this requirement for Bridgewood Subdivision and feels “the minimum block length of 1,200 feet cannot be met given the lack of connectivity provided in the existing abutting Castlegate Subdivision and the existing creek area that bisects the property.” While there are opportunities to meet block length along William D. Fitch Parkway, this is a limited access road. In addition, block length could also be met by connecting Barron Crossing Subdivision (townhouse development) to the Bridgewood Subdivision, but this would cause a street to cut through the proposed open space area that is central to the development. In this case, staff believes there is merit to justify the modification based on the unique concept of this PDD. The Unified Development Ordinance provides the following review criteria for PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area: The proposed development will consist of residential and suburban commercial land uses that are compatible with the surrounding neighborhoods. The SC Suburban Commercial district requires structures utilized materials and designs commonly found within residential areas. Under the SC Suburban Commercial zoning district each building is required by ordinance to provide architectural relief elements. 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section: The Concept Plan reflects the policies, goals and objectives of the Comprehensive Plan as it relates to land use and character, connectivity, and neighborhood integrity, with the addition of the stated staff conditions. The development proposes land uses allowed for this growth area through the Comprehensive Plan. Upon platting, the subject property will be required to provide additional right-of-way and build portions of W.S. Phillips Parkway in compliance with the Thoroughfare Plan. 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development: The proposed PDD will enable the development of clustered Restricted Suburban uses, named Bridgewood Subdivision, closest to the existing Castlegate Subdivision. Lot sizes will be compatible to those of the adjacent subdivisions. In addition, open space will be provided within the development to offset gross density requirements of a maximum of four units per acre. Townhouse and suburban commercial uses will provide a transition for the existing residential areas to William D. Fitch Parkway. 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association: At the time of platting, all residential units will be required to comply with subdivision regulations regarding access. 121 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities: At the time of platting and site planning the development will be required to meet all city regulations. When the proposed development proceeds through the platting process, construction of portions of W.S. Phillips Parkway will be required in order for the site to be in compliance with the Thoroughfare Plan. All proposed driveways to William D. Fitch Parkway will require approval from the Texas Department of Transportation. 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity: This development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity. 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area: This development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity if the proposed staff condition to provide a pedestrian connection from the townhouse use to the open space is added to the Concept Plan. A traffic impact analysis was required. Potential impacts to the transportation network were diminished with the decrease in the intensity of land uses, which was part of the final maximum land use density recommendation. However, based on trip generation of the Suburban Commercial portion of the project, at site planning the applicant will be required to provide right turn deceleration lanes on connections to William D. Fitch Parkway in the suburban commercial portion of the project and meet TxDOT permitting requirements. Budget & Financial Summary: N/A Reviewed and Approved by Legal: Yes Attachments: 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Draft Planning & Zoning Commission Minutes – July 18, 2013 4. Rezoning Map 5. Concept Plan 6. Ordinance 122 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: July 18, 2013 Advertised Council Hearing Dates: August 8, 2013 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Castlegate HOA Property owner notices mailed: 30 Contacts in support: None Contacts in opposition: None Inquiry contacts: 3 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Suburban, Natural Areas - Reserved, and Urban R-1 Single-Family Residential, A-O Agricultural Open, and C-3 Light Commercial Single-Family and vacant South Restricted Suburban and Estate R-1 Single-Family Residential and A-O Agricultural Open Single-Family and vacant East Restricted Suburban PDD Planned Development District Single-Family West Suburban Commercial C-3 Light Commercial vacant DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agricultural Open upon annexation R-1 Single-Family Residential in May 2008 Final Plat: Unplatted Site development: Vacant 123 124 125 126 127 128 129 130 131 132 133 134