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HomeMy WebLinkAbout04/24/2014 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers 7:00 PM Thursday, April 24, 2014 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation:  Presentation proclaiming May 4- 10, 2014 as Municipal Clerks Week. 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 conse nt 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. Presentation, possible action, and discussion of minutes for: · April 10, 2014 Workshop · April 10, 2014 Regular Council Meeting 14-399 2a. WKSHP041014 DRAFT Minutes.pdf RM041014 DRAFT Minutes.pdf Attachments: Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and BerryDunn in the amount not to exceed $645,638.00 for the purposes of providing Project Management services for the replacement of the City’s current ERP system. Contract is for 24 months. 14-366 2b. BerryDunn.pdf Attachments: Presentation, possible action, and discussion regarding an Inter-Local 14-369 2c. Page 1 College Station, TX Printed on 4/17/2014 April 24, 2014 City Council Regular Meeting Agenda Agreement with the Brazos Valley Council of Governments for the provision of Broadband Networking Services. BVCOG-BR.pdf Attachments: Presentation, possible action, and discussion regarding renewal of Bid No. 12-048 with ProSTAR Industries for the purchase of janitorial supplies in an amount not to exceed $60,303.66. 14-372 2d. 12-048 Ren2.pdf Attachments: Presentation, possible action and discussion of the award of Contract 14-224, for the Annual Crack Sealing of City Streets for an amount not to exceed $140,000.00. 14-373 2e. Tabulation.pdf Attachments: Presentation, possible action and discussion of the award of Contract 14-238 for the Annual Concrete joint sealing of City Streets for an amount not to exceed $148,750.00. 14-374 2f. 14-045 Tab.pdf Attachments: Presentation, possible action and discussion awarding a bid to Bayer Construction in the amount of $116,440 for the improvements of the school zones at A&M Consolidated High School. 14-375 2g. Presentation, possible action, and discussion to consider a resolution to adopt an updated Water Conservation Plan, as required by TCEQ. 14-377 2h. Resolution.docx Water Conservation Plan.docx Attachments: Presentation, possible action, and discussion to consider an ordinance amending Chapter 11, "Utilities", of the Code of Ordinances of the City of College Station, Texas, by amending Section 9: Drought Contingency and Water Emergency Plan in its entirety. 14-378 2i. Drought Plan with Ordinance.docx Attachments: Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the Electronic Storage Upgrade project. 14-379 2j. 4-24-2014.pdf Attachments: Presentation, possible action and discussion on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract (#WM08-12). Based on the attached contract unit pricing, the estimated annual expenditure for water meters is: $224,499.54. 14-380 2k. HGAC Quote Meters 032114.pdf Attachments: Presentation, possible action, and discussion on a funding agreement 14-381 2l. Page 2 College Station, TX Printed on 4/17/2014 April 24, 2014 City Council Regular Meeting Agenda between the City of College Station and the Research Valley Partnership to provide $225,000 in Hotel Tax Funds for the Aggies Go to War Exhibit; and approval of the RVP budget for the Aggies Go to War Exhibit project. Signed Exhibit Agreement.pdf Attachments: Presentation, possible action, and discussion regarding approval of a resolution authorizing the Mayor to approve the Plan of Finance, the Issuance of New Hope Cultural Education Facilities Finance Corporation Student Housing Revenue Bonds and the project to be acquired with the proceeds of such bonds. 14-382 2m. Certificate of Mayor (College Station)-TEFRA Approval - unsigned by Mayo....pdf College Station TEFRA Resolution.pdf Attachments: Presentation, possible action, and discussion regarding approval of the Brazos Valley Wide Area Communications System (BVWACS) Operating Budget for FY 15 and authorizing the City’s quarterly payments of approximately $53,602 for an annual total of $214,406; and approval of the BVWACS Capital Equipment Replacement Reserve Fund Budget for FY 15 and payment of the City’s share in the amount of $63,329. 14-385 2n. Presentation, possible action, and discussion on awarding a bid to Vox Construction, LLC. in the amount of $256,955.82 for the 2014 CDBG Neighborhood Sidewalk Project. 14-400 2o. Contract.pdf Attachment 2 - Map.pdf Attachment 3 - Bid Tab.pdf Surety Assignment.pdf Attachments: 3. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. Page 3 College Station, TX Printed on 4/17/2014 City Council Regular Meeting Agenda April 24, 2014 APPROVED Cicy ~ Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be held on the 24th day of April, 2014 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue, College Station, Texas . The following subjects will be discussed , to wit: See Agenda. Posted this17th day of April, 2014 at 5:00p.m. I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said notice on the bulletin board at City Hall, 11 01 Texas Avenue, in College Station, Texas, and the City's website, www.cstx .gov. The Agenda and Notice are readily accessible to the general public at all times . Said Notice . and Agenda were posted on April 17, 2014 at 5:00p.m. and remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting . This public notice was removed from the official posting board at the College Station City Hall on the following date and time: by _________ _ Dated this_ day ___ , 2014 By ___________ _ Subscribed and sworn to before me on this the __ day of _______ , 2014. Notary Public-Brazos County, Texas My commission expires:--....,------ Th is building is wheelchair accessible . Hand icap parking spaces are available . Any request for sign interpret ive service must be made 48 hours before the meeting . To make arrangements call (979) 764-3517 or (TOO) 1-800-735-2989 . Agendas may be viewed on www.cstx .gov . Council meet ings are broadcast live on Cable Access Channel 19 . College Station, TX Page4 Printed on 411712014 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-399 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:4/11/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion of minutes for: ··April 10, 2014 Workshop ··April 10, 2014 Regular Council Meeting Sponsors: Indexes: Code sections: Attachments:WKSHP041014 DRAFT Minutes.pdf RM041014 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ··April 10, 2014 Workshop ··April 10, 2014 Regular Council Meeting Relationship to Strategic Goals: ··Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: College Station, TX Printed on 4/17/2014Page 1 of 1 powered by Legistar™ WKSHP041014Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION APRIL 10, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz, arrived after roll call James Benham, arrived after roll call City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Ian Whittenton, Records Management Coordinator 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:30 p.m. on Thursday, April 10, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.086-Competitive Matters, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:30 p.m. on Thursday, April 10, 2014 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. WKSHP041014Minutes 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. 13-002978-CV-361, Deluxe Burger Bar of College Station, Inc. D/B/A Café Eccell v. Asset Plus Realty Corporation, City of College Station, Texas and the Research Valley Partnership, Inc., In the 361st Judicial District Court, Brazos County, Texas B. Consultation with Attorney to seek legal advice; to wit:  Legal advice related to the College Station power supply contract C. Deliberation on a competitive matter as that term is defined in Gov’t Code §552.133; to wit:  College Station Power Supply Contract D. Deliberation an offer of financial or other incentives for a business prospect that the City Council seeks to have locate, stay or expand in or near the City; to wit:  Economic incentive for a proposed development located generally near the intersection of University Drive and College Avenue  Economic incentive for a proposed development located generally near the intersection of Gateway Boulevard and Lakeway Drive in the Business Center at College Station  Economic incentives for a proposed development located at or near University Drive and Tarrow/East Tarrow Streets in College Station The Executive Session adjourned at 5:46 p.m. 3. Take action, if any, on Executive Session. Action was taken in Executive Session related to Competitive Matters. 4. Presentation, possible action, and discussion on items listed on the consent agenda. Items 2c, 2d, 2f, 2g, 2h, and 2j were pulled from Consent for clarification. (2c): Debbie Eller, Community Services, clarified the MOU related to parking issues. (2d): Alan Gibbs, City Engineer, clarified the installation of the stream gauges and how the data will be used. (2f): Dave Coleman, Director of Water Services, clarified that the cost is about 50% for the creation of a website to provide homeowners information to determine if they should water or not. (2g) and (2h): Ben Roper, Director of Information Technology, explained why he is the Interim ICE Project manager. He also noted that there is no single provider that could supply the necessary software, and the decision was made to go with three targeted “best of breed” software. WKSHP041014Minutes Page 3 (2j): Brian Hilton, Emergency Management Coordinator, clarified the hazard assessment and how often it is updated. He noted that we have no control on what is carried over the rails, but we are prepared to respond to hazardous occurrences. Eric Hurt, Fire Chief, noted that we use the 2012 International Fire Code with strengthening amendments. The newest standards are implemented every three years. 5. Presentation, possible action, and discussion, and a joint meeting of the Planning and Zoning Commission and the City Council regarding the 2014 Planning & Zoning Commission Plan of Work. With a quorum present, the Joint Meeting of the College Station City Council and Planning and Zoning Commission was called to order by P&Z Chair Miles at 6:42 p.m. on Thursday, April 10, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. Present were: Brad Corrier, Jane Kee, Bo Miles, Casey Oldham, Jim Ross, and Jodi Warner. Jerome Rektorik was absent. Bo Miles, P&Z Chair, presented the 2014 Planning and Zoning Commission Plan of Work. He provided a brief overview of the various plans they are working on via a five -year update. Demographics are also being researched and how they will impact the community. Council provided recommendations for items to be added to the Plan of Work. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to accept the 2014 Planning and Zoning Commission Plan of Work. The motion carried unanimously. There being no further business, P&Z Chair Miles adjourned the joint meeting of the College Station City Council and Planning and Zoning Commission at 7:06 p.m. on Thursday, April 10, 2014. 6. Presentation, possible action, and discussion regarding recommended changes to the rental registration program and related code enforcement efforts. Lance Simms, Director of Planning and Development Services, provided a brief overview of the implemented changes to the Rental Registration Program. These included additional language to the rental registration form and rental registration website, and to start notifying property management companies of violations (in addition to the property owner). Other recommended changes, needing Council’s direction, included a civil process/administrative penalty, a notarized affidavit from the property owner as part of the registration process, a copy of the current lease from the owner/property manager upon request, increasing the Code Enforcement staff as part of the FY 2015 budget and to enhance education and communication to the public. Council consensus was in favor of the recommended changes. 7. Council Calendar  April 14 Citizens University Graduation in Council Chambers, 7:00 p.m.  April 15 Interim President Dr. Mark Hussey - TAMU State of Affairs Discussion, WKSHP041014Minutes Page 4 9:30 a.m. (POSTPONED - DATE TBD)  April 15 Transportation & Mobility Committee Meeting at Room 203 Conference Room A - Municipal Court, 3:30 p.m.  April 16 BVSWMA Board Meeting at CS Municipal Court Building - 300 Krenek Tap Road, 11:00 p.m.  April 16 RVP Board Meeting at RVP, 3:00 p.m.  April 17 P & Z Workshop/Regular Meeting in Council Chambers, 6:00 p.m. (Liaison, John Nichols)  April 18 CITY OFFICES CLOSED - GOOD FRIDAY  April 21 Brazos County Muster at MSC Bethancourt Ballroom, 6:00 p.m.  April 23 Audit Committee Meeting in City Hall Administrative Conference Room, 3:30 p.m.  April 24 Executive Session/Workshop/Regular Meeting at 4:00, 6:00 & 7:00 p.m. Council reviewed the calendar. 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 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. Councilmember Benham requested an item on a taxi voucher program to address the proliferation of non-emergency ambulance trips. Councilmember Aldrich requested an overview of oil and gas resource development. Councilmember Brick requested an update on the Lick Creek Nature Center. 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. Councilmember Schultz reported on the RVP and the Aggies Go To War mission. WKSHP041014Minutes Page 5 Councilmember Mooney reported on the CVB and Brazos Valley Sports Committee. Councilmember Benham reported on the Research Valley Technology Council. Councilmember Nichols reported on the Brazos County Health Department. Councilmember Brick reported on the Bicycle, Pedestrian and Greenways Committee. 10. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 8:03 p.m. on Thursday, April 10, 2014. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM041014 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION APRIL 10, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Ian Whittenton, Records Management Coordinator Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Berry at 8:03 p.m. on Thursday, April 10, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Presentation proclaiming April 7, 2014 as Rock Prairie Behavioral Health Day Mayor Berry presented a proclamation to Jim Shaheen, President of Strategic Behavioral Health, and staff members. Citizen Comments Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of Corporal Brian Kennedy. RM041014 Minutes Page 2 Julie Anderson, 201 N. Texas Avenue, and Ken Bost, representing the Brazos County Health Department, reported this is Public Health Week and noted some of the services they provide. Joshua Benn, 4228 Rock Bend, thanked the Council and staff for their efforts related to neighborhood integrity and rental registration. He urged Council to keep in mind the profit margin some landlords have when violating City ordinances versus those fines. He asked that it be a true negative when applying those penalties. Jeffrey Leatherwood, 4618 Midsummer Lane, urged Council to consider stronger finds and penalties. The tiered program is good, but it needs to begin at $2,000 on the low end and escalate to $10,000 - $20,000. Jerry Cooper, 602 Bell, said he echoes the comments just made. He hopes that it applies to the entire ordinance and not just to the registration. Casey Oldham, 2003 Moses Creek, said his concern is related to privacy. There are some privacy issues when requiring a copy of the lease. Some of the other requirements also seem to be a little overreaching. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  March 27, 2014 Workshop  March 27, 2014 Regular Council Meeting 2b. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and CEN TEX Hydroseed, Inc., of Bedias, Texas, in the amount of $147,628, plus $11,000 for one alternate totaling $158,628 for the purposes of improvements to athletic fields in Veterans Park and Athletic Complex, and authorizing the City Manager to execute the contract on behalf of the City Council. 2c. Presentation, possible action, and discussion on Ordinance 2014-3563, amending Chapter 10 “Traffic Code”, Section 4 "Administrative Adjudication of Parking Violations", Subsection G “Two-Hour Parking”, (3) twenty-four (24) hours a day, seven (7) days a week", establishing two-hour parking on the west side of Boyett, from Patricia to Church Avenue. 2d. Presentation, possible action, and discussion regarding approval of a U.S. Geological Joint Funding Agreement for Water Resources Investigations for Stream Stations. 2e. Presentation, possible action and discussion regarding approval of an Estoppel Certificate between DRI/APRC Northgate, LLC., the City of College Station and the Research Valley Partnership, Inc. 2f. Presentation, possible action, and discussion regarding an Inter-Local Agreement for the Brazos Valley Groundwater Conservation District to grant the City $57,500 for creation of a website to provide homeowners with information to conserve lawn irrigation water. RM041014 Minutes Page 3 2g. Presentation, possible action, and discussion on approving two contracts between the City of College Station and CRW Systems, Inc.: a “Software Maintenance & Support Agreement”, (1st Yr Maint. - $69,000) for the software maintenance and support services for CRW Software Products, and a “License and Installation Agreement for CRW Software Products”, ($531,000.00) for the software licenses and implementation services; and approving Resolution 04-10-14-2g, authorizing the City Manager to approve contract documents and expenditures related to the CRW contracts. 2h. Presentation, possible action, and discussion on approving a contract between the City of College Station and Tyler Technologies, Inc.: a “Master Agreement for the Enterprise Resource Planning System” in the amount of $1,421,077 for the software licenses and implementation services; approving Resolution 04-10-114-2h, authorizing the City Manager to approve contract documents and expenditures related to the Tyler Technologies contract; and approving Resolution 04-10-14-2ha, declaring intention to reimburse certain expenditures with proceeds from debt. 2i. Presentation, possible action, and discussion on a payment of $140,001.90 to the Brazos Valley Convention and Visitors Bureau for the Preferred Access to Texas A&M University Facilities. 2j. Presentation, possible action and discussion regarding the approval of Resolution 04-10- 14-2j, approving the Emergency Management Plan, dated April 2014. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3564, amending Chapter 12, “Unified Development Ordinance”, Section 12-4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from D Duplex to GS General Suburban for an approximate 0.535 acre tract of land in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos, County, Texas. Said tract being a portion of a called 0.967 acre tract as described by a deed to TMFIVE Properties, LLC, recorded in Volume 8742, Page 170, of the O fficial Public Records of Brazos County, Texas, more generally located at 805-809 Montclair Avenue. Theresa Rogers, Staff Planner, provided a brief overview of the zoning change and reported that the Planning and Zoning Commission considered this item at their March 20, 2014 meeting and voted six (6) for and none (0) opposed to recommend approval of the rezoning request. At approximately 8:28 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:28 p.m. RM041014 Minutes Page 4 MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3564, amending Chapter 12, “Unified Development Ordinance”, Section 12-4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from D Duplex to GS General Suburban for an approximate 0.535 acre tract of land in the Robert Stevenson Survey, Abstract No. 54, Co llege Station, Brazos, County, Texas. Said tract being a portion of a called 0.967 acre tract as described by a deed to TMFIVE Properties, LLC, recorded in Volume 8742, Page 170, of the Official Public Records of Brazos County, Texas, more generally located at 805-809 Montclair Avenue. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3565, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban for an approximate 2 acre tract of land in the Robert Stevenson League, Abstract No. 54, College Station, Brazos County, Texas. Said tract being a portion of a called 2 acre tract as described in a deed to B.A. Cathey, Ltd. Recorded in Volume 9516 Page 268, of the Official Public Records of Brazos County, Texas, more generally located at 2670 Barron Road. Jennifer Paz, Planning and Development Services, provided a brief overview of the zoning change and reported that the Planning and Zoning Commission considered this item at their March 20, 2014 meeting and voted six (6) for and none (0) opposed to recommend approval of the rezoning request. At approximately 8:31 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:31 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3565, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban for an approximate 2 acre tract of land in the Robert Stevenson League, Abstract No. 54, College Station, Brazos County, Texas. Said tract being a portion of a called 2 acre tract as described in a deed to B.A. Cathey, Ltd. Recorded in Volume 9516 Page 268, of the Official Public Records of Brazos County, Texas, more generally located at 2670 Barron Road. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3566, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by ch anging the zoning district boundaries from R Rural and PDD Planned Development District to PDD Planned Development District for an approximate 88.7 acres in the Crawford Burnett League, A-7, 29.175-acre tract, Volume 7583, Page 90, Crawford Burnett League A-7, 54.987-acre tract, Volume 9627, Page 73 of the Official Public Records of Brazos County, Texas, which includes Barracks II Subdivision Phase 102 and Barracks II Subdivision Phase 300 Lot 1 Block 28, and Barracks II Subdivision Phase 100 Lot 1A Block 1 , generally RM041014 Minutes Page 5 located at 12470 Old Wellborn Road. Jason Schubert, Planning and Development Services, provided a brief overview of the zoning change and reported that the Planning and Zoning Commission considered this item at their March 20, 2014 meeting and voted six (6) for and none (0) opposed to recommend approval of the rezoning request. At approximately 8:38 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:38 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz abstaining, to adopt Ordinance 2014-3566, amending Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural and PDD Planned Development District to PDD Planned Development District for an approximate 88.7 acres in the Crawford Burnett League, A-7, 29.175-acre tract, Volume 7583, Page 90, Crawford Burnett League A-7, 54.987-acre tract, Volume 9627, Page 73 of the Official Public Records of Brazos County, Texas, which includes Barracks II Subdivision Phase 102 and Barracks II Subdivision Phase 300 Lot 1 Block 28, and Barracks II Subdivision Phase 100 Lot 1A Block 1, generally located at 12470 Old Wellborn Road. The motion carried. 4. Public Hearing, presentation, possible action, and discussion on Ordinance 2014-3567, Budget Amendment #3, amending Ordinance No. 3523 which will amend the budget for the 2013-2014 Fiscal Year in the amount of $46,327. Jeff Kersten, Assistant City Manager, provided a brief overview of the proposed budget amendment and recommended approval. At approximately 9:01 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:01 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3567, Budget Amendment #3, amending Ordinance No. 3523 which will amend the budget for the 2013-2014 Fiscal Year in the amount of $46,327. The motion carried unanimously. RM041014 Minutes Page 6 5. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 9:08 p.m. on Thursday, April 10, 2014. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-366 Name:BerryDunn ICE Project Manager Services Contract Status:Type:Contract Consent Agenda File created:In control:4/3/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and BerryDunn in the amount not to exceed $645,638.00 for the purposes of providing Project Management services for the replacement of the City’s current ERP system. Contract is for 24 months. Sponsors: Indexes: Code sections: Attachments:BerryDunn.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and BerryDunn in the amount not to exceed $645,638.00 for the purposes of providing Project Management services for the replacement of the City’s current ERP system. Contract is for 24 months. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract Summary: The city conducted a search and selected a contract worker to serve as the ERP system replacement project manager. This worker subsequently was hired to a different full time city position. Due to the established working relationship with BerryDunn through the ERP requirements definition, RFP process and contract negotiations, the city selected BerryDunn to provide Project Management services for the duration of the expected project. Budget &Financial Summary:Funding for this project is included in the Facilities and Technology Capital Projects Fund as part of the ERP Replacement Project,CO 1204.It is anticipated that the project will be funded with a combination of long term debt as well as current resources from the General Fund and Utility Funds. Attachments: 1. BerryDunn PM Contract College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-366,Version:1 College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ CONSULTANT CONTRACT This Contract is by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the "City") and Berry, Dunn, McNeil, and Parker, LLC (dba BerryDunn) (the "Contractor"), whereby Contractor agrees to perform and the City agrees to pay for the work described herein. ARTICLE I 1.01 This Contract is for Project Management Oversight of the City's ERP System Implementation (the "Project"). The scope and details of the work to be provided to the City by Contractor are set forth in Exhibit "A" to this Contract and are incorporated as though fully set forth herein by reference. Contractor agrees to perform or cause the performance of all the work described in Exhibit "A." 1.02 Contractor agrees to perform the work described in Exhibit "A" hereto and the City agrees to pay Contractor a fee based on the rates set forth in Exhibit "B" to this Contract for the services performed by Contractor. Invoices shall be submitted to the City on or before the 15th of each month for services provided in the previous month. The payment terms are net payable within thirty (30) calendar days of the City's receipt of the invoice. Upon termination of this Contract, payments under this paragraph shall cease, provided, however, that Contractor shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Contractor has not yet been paid. 1.03 The total amount of payment, including reimbursements, by the City to Contractor for all services to be performed under this Contract may not, under any circumstances, exceed Six Hundred Forty Five Thousand Six Hundred Thirty Eight Dollars and 00 cents ($ 645,638.00). 1.04 The City may from time to time request changes in the scope and focus of the activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this Contract, provided, however, that any such change that in the opinion of Contractor, the City Manager, or the City's Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Contractor and the City'S Project Manager. 1.05 a. When the original Contract amount plus all change orders is $50,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $50,000. For such contracts, when a change order results in a total contract amount that exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work; and Page 1 Form Revised on 5-11-12 Contract No. 14-239 b. When the original contract amount plus all change orders is equal to or greater than $50,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract amount, the City Council of the City must approve such change order prior to commencement of the services or work; and c. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. 1.06 Except as provided in Article VI hereinbelow, the Contractor shall complete all of the work described in Exhibit "A" based on a twenty-four (24) month ERP implementation. 1.07 Time is of the essence of this Contract. The Contractor shall be prepared to provide the professional services in the most expedient and efficient manner possible in order to complete the work by the times specified. 1.08 Contractor promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Contractor agrees to perform any and all Project-related tasks included in Exhibit A reasonably required of it by the City in order to fulfill the purposes of the work to be performed. The work of Contractor under this Contract may be authorized by the Project Manager in various phases as set forth in Exhibit"A." 1.09 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution ofthe work on the Project. The Contractor shall have ultimate control over the execution of the work under this Contract. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Contract. Contractor shall be liable for any misrepresentations. Any negotiations by the Contractor on the City's behalf are binding on the City only when within the scope of work contained herein and approved by the City. Page 2 Fonn Revised on 5-11-12 Contract No. 14-239 ARTICLE II 2.01 The City shall direct Contractor to commence work on the Project by sending Contractor a "letter of authorization" to begin work on the Project. 2.02 Upon receipt of the letter of authorization to begin work on the implementation of the Project, Contractor shall meet with the City for the purpose of determining the nature of the Project, including but not limited to the following: meeting with the City's staff to coordinate Project goals, schedules, and deadlines; coordinating data collection; briefing the City's management staff; documenting study assumptions and methodologies; devising the format for any interim reports and the final report to the City. 2.03 Contractor shall consult with the City and may, in some limited circumstances, act as the City's representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Contractor shall be an independent contractor at all times and is not to be considered either an agent or an employee of the City. ARTICLE III 3.01 As an experienced and qualified professional, Contractor warrants that the information provided by Contractor reflects high professional and industry standards, procedures, and performances. Contractor warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, the fitness and operation of its recommendations, and the performance of other services under this Contract, pursuant to a high standard of performance in the profession. Contractor warrants that it will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval or acceptance by the City of any of Contractor's work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Contractor, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Contractor's responsibilities under this Contract. Nor shall the City's approval or acceptance be deemed to be the assumption of responsibility by the City for any defect or error in the Project's work products prepared by Contractor, its employees, associates, agents, or subcontractors. 3.02 Contractor shall keep the City informed of the progress of the work and shall guard against any defects or deficiencies in its work. 3.03 Contractor shall be responsible for using due diligence to correct errors, deficiencies or unacceptable work product. Contractor shall, at no cost to the City, remedy any errors, deficiencies or any work product found unacceptable, in the City's sole discretion, as soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said errors, deficiencies or unacceptable work product. Page 3 Form Revised on 5-11-12 Contract No. 14-239 3.04 Contractor's work product shall be the exclusive property of the City. Upon completion or termination of this Contract, Contractor shall promptly deliver to the City all records, notes, data, memoranda, models, and equipment of any nature that are within Contractor's possession or control and that are the City's property or relate to the City or its business. ARTICLE IV 4.01 Indemnity. The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents (separately and collectively referred to in this paragraph as "Indemnitee"), from and against any and all claims, losses, damages, causes of action, suits, judgments, settlements made by Indemnitee, and liability of every kind, including all expenses of litigation, court costs, attorney's fees, and other reasonable costs for damage to or loss of use of any property, for injuries to, or sickness or death of any person, including but not limited to Contractor, any of its subcontractors of any tier, or of any employee or invitee of Contractor or of any such subcontractors, that is caused by, arises out of, related to, or in connection with, the negligence of and/or negligent performance of this Contract by Contractor or by any such subcontractors of any tier, under this Contract. 4.02 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 4.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 4.03 Release. The Contractor releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Contractor or its employees and any loss of or damage to any property of the Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Contractor's work to be performed hereunder. Both the City and the Contractor expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Contractor or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Contractor, or any third party. ARTICLE V Insurance 5.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to Page 4 Form Revised on 5-11-12 Contract No. 14-239 property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on Exhibit "C". ARTICLE VI 6.01 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Contractor, in writing, who shall cease work immediately. Contractor shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Contractor for the services performed and expenses incurred prior to the date of termination. 6.02 No term or provision of this Contract shall be construed to relieve the Contractor of liability to the City for damages sustained by the City or because of any breach of contract by the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until the exact amount of damages due the City from the Contractor is determined and paid. ARTICLE VII 7.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shaH be in Brazos County, Texas. 7.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City: City of College Station Attn: Jeff Kersten P.O. Box 9960 College Station, Texas 77842 Contractor: Berry, Dunn, McNeil, and Parker, LLC Attn: Timothy Masse 100 Middle Street Portland, ME 04104 7.03. Contractor, its employees, associates or subcontractors shall perform all the work hereunder. Contractor agrees that all of its associates, employees, or subcontractors who work on this Project shall be fully qualified and competent to do the work described hereunder. Contractor shall undertake the work and complete it in a timely manner. Page 5 Form Revised on 5-11-12 Contract No. 14-239 7.04 The Contractor shall comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (I RCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 7.05 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 7.06 This Contract and all rights and obligations contained herein may not be assigned by Contractor without the prior written approval ofthe City. 7.07 If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 7.08 This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 7.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 7.10 This Contract will be effective when signed by the last party whose signing makes the Contract fully executed. BERRY DUNN MCNEIL PARKER LLC CITY OF COLLEGE STATION By: ~Vtl.4k-: Printed Na~e:Timothy F. Masse City Manager Title: Principal Date: April 1, 2014 Date:_________ Page 6 Form Revised on 5-11-12 Contract No. 14-239 ---------------- -------- APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Page 7 Form Revised on 5-11-12 Contract No. 14-239 Exhibit A SCOPE OF SERVICES ICE Project Management Services BerryDunn will serve in a project management role during the new ERP System implementation, referred to as the Integrate City Efficiency (ICE) Project. This means that BerryDunn will act on the City's behalf as project manager. The BerryDunn Project Manager will lead the ERP Project Team by providing overall direction, planning, coordination, and execution of the project while ensuring consistency with city strategy, commitments and goals. The Project Manager will set deadlines, assigns responsibilities and monitor progress for the ERP system implementation. In addition, the Project Manager will work in collaboration with City staff to evaluate and recommend changes to current and future system requirements to meet organizational needs. The City reserves the right to interview and approve the BerryDunn nominated Project Manager, both initially and if any changes occur during the time covered by this Agreement. The BerryDunn Project Manager will lead and actively participate in the activities and services presented in Table 1. For those activities indicating the creation of project documents, the BerryDunn Project Manager will provide template documents and work with vendors and the city staffto develop completed documents. Table 1: BerryDunn Full-Time Project Management Services Project Work Plan and Schedule Project Communication Plan The Project Charter will define the scope of the project, outline the City's goals and objectives, document project • influences (e.g., constraints, assumptions, and known risks), describe anticipated impacts to the City, and identify project stakeho lders. The Project Work Plan will address the project team organization, staffing plan, and agreed upon procedures related to the management of resources, scope, schedule, communication, risk, and quality. The Project Schedule will provide a timeline for completion project phases, milestones, and BerryDunn deliverables within the of the contract. The Project Communication Plan will describe the information needs of the various City stakeholders involved with the project and set forth planned communications to address stakeholder needs. This Plan will serve as a critical tool for effectively managing and promoting the adoption of stakeholders. Page 8 Fonn Revised on 5-11-12 Contract No. 14-239 Plan implementation vendor's project planning and contractual documents and provide a detailed roadmap to guide the implementation. Project Management Tools BerryDunn will provide the City an on-line project management portal, utilizing Project Management Institute (PM I) and Project Management Body of Knowledge (PMBOK) accepted best practices and tools for project! management. Monthly Project Throughout the entire engagement, BerryDunn will develop Management Status Monthly Status Reports to report on implementation Reports activities, including project risks and issues, project budget, project schedule, upcoming tasks and milestones as well as planned activities. Risk Management BerryDunn will develop and maintain a risk register as part of the monthly status reporting process to proactively identify, manage, and mitigate project risks. Project Budget BerryDunn will lead and assist the City in development and administration of a detailed project budget to be included in the monthly Status Reports Testing Plan and Completion of Testing BerryDunn will collaborate with the implementation vendor to develop a Testing Plan, facilitate testing, and participate in test processes and quality assurance activities Training Plan and Completion of User Training BerryDunn will collaborate with the implementation vendor to develop, facilitate, and administer an Education Plan Project Close Out and BerryDunn will conduct a project close-out meeting with Lessons Learned Report the City'S Project Team to discuss lessons learned, ensure • the City has received all deliverables due, and transfer knowledge and tools to the City. BerryDunn will document project close activities, including lessons learned and recommendations, in a Project Close-out Report. Review Implementation Vendor Deliverables BerryDunn will lead the review of the implementation vendor's deliverables. BerryDunn will prioritize theirfindings into one of three types: Red (show stopper findings that, from BerryDunn's PM perspective, should be corrected prior to the City formally accepting the deliverable as complete); Yellow (important finding to be addressed, but should not prevent acceptance of the deliverable); and Green (findings typically related to grammar, spelling, and format). BerryDunn will review seven vendor deliverables. (Project Plan, Change Management Plan, Resource Plan, Education Plan, Page 9 Form Revised on 5-11-12 Contract No. 14-239 Communication Plan, Risk Plan, Test Plan and Conversion Plan. In addition to the activities and tasks summarized above, the BerryDunn PM will take the lead in working with the ERP vendor(s) and the City Project Team on the following tasks: • Schedule and coordinate meetings, information sessions and briefings as needed • Manage the project budget • Manage project resource allocation • Plan and Schedule project timelines • Assist in the resolution of conflicts within and between stakeholders, functional areas and the ERP vendor • Work with the ERP vendor and the city's Change Management Team to develop and implement a Change Management plan City Roles and Responsibilities The City will have the following roles and responsibilities regarding BerryDunn's serving as ICE Project Manager: • Review and approve Berry Dunn deliverables • Collaborate on the development and updating of the various Project-related Plans • Collaborate with BerryDunn and the implementation vendor in the identification of gaps in functionality of the vendor software and the City's desired future business processes • Collaborate with BerryDunn in maintaining stakeholder communications, based on the agreed upon Communication Plan • Collaborate, coordinate, and participate in all testing and quality assurance activities as directed by BerryDunn and the implementation vendor • Coordinate City staff participation in training activities and resources and participate in training • Provide Berry Dunn Project Manager with office space and office furnishings and equipment equivalent to that provided to City staff • Appoint a primary Point of Contact for coordination of project management activities and city staff, as required Reporting Structure The BerryDunn PM will report to the Project Sponsor for performance and accountability purposes. Day-to-day coordination will be accomplished through the City designated Point of Contact. Assumptions • City resources will participate in all required project activities. • Maintaining project schedule is dependent on overall project funding being available as needed. Page 10 Form Revised on 5-11-12 Contract No. 14-239 Exhibit B PAYMENT TERMS BerryDunn will progress bill the City on or before the 15th of each month for services provided in the previous month .. Travel expenses will be billed on a monthly basis as incurred. Project Cost Estimates Estimated fees for the project management services included in this SOW are shown in Table 2 below. The hour estimates are based on BerryDunn's experience with similar projects. BerryDunn will not charge for time spent traveling, so these costs are reflective only ofthe time BerryDunn team members will be working on the City's project. The cost estimates are based on a 24-month implementation and do not include travel-related expenses, which are estimated in Table 3. Project Management (3,264 hours, 94 weeks) • Two weeks of on-site time each month (56 hours, 28 hours per week) • Two weeks of off-site time each month (80 hours) • Lead Weekly Project Team Meetings • Review of Implementation Vendor Deliverables • Monthly Project Status Reports and On-Site Project Management Activities • User Acceptance Testing (UA T) T number of onsite $584,582 Page 11 Fonn Revised on 5-11-12 Contract No. 14-239 Exhibit C Insurance Requirements 1. The Contractor agrees to maintain the types and amounts of insurance required in this Contract throughout the term of the Contract. The following insurance policies shall be required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation D. Professional Liability II. For each of these policies, the Contractor's insurance coverage shall be primary with respect to the City, its officials, employees and volunteers. Any insurance or self-insurance carried or obtained by the City, its officials, employees or volunteers, shall be considered in excess of the Contractor's insurance and shall not contribute to it. No term or provision of the indemnification provided by the Contractor to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates ofInsurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. IV. General Requirements Applicable to All Policies. A. Only insurance carriers licensed and authorized to do business in the State of Texas shall be accepted. B. Deductibles shall be listed on the certificate of insurance and are acceptable only on an "occurrence" basis for property damage only. C. "Claims made" policies are not accepted, except for Professional Liability insurance. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of College Station. E. The Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance-approved forms. Each certificate shall contain the following provisions and warranties: 1. The insurance company is licensed and authorized to do business in the State of Texas 2. The insurance policy is underwritten on forms provided by the Texas State Board of Insurance or ISO 3. All endorsements and coverages are included according to the requirements of this Contract Page 12 Form Revised on 5-11-12 Contract No. 14-239 4. The fonn of notice of cancellation, tennination, or change in coverage provisions is specified in this attachment G. The City of Co \lege Station, its officials, employees, and volunteers are to be listed as Additional Insureds on the Commercial General Liability and Business Automobile Liability Policies. The coverages shall contain no special limitations on the scope of protection afforded the City, its officials, employees, and volunteers. V. Commercial General Liability requirements: A. Coverage shall be written by a carrier rated "A: VIII" or better in accordance with the current A. M. Best Key Rating Guide. S. Minimum Combined Single Limit of $1 ,000,000 per occurrence per project for bodily injury and property damage with a $2,000,000 annual aggregate limit. C. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. E. The coverage shall include but not be limited to premises/operations; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein); Host Liquor Liability and Personal and Advertising Injury. F. The City shall be listed as Additional Insured, and the policy shall be endorsed to waive rights of subrogation, to be primary and non-contributory with regard to any self-insurance or insurance policies held or obtained by the City. VI. Business Automobile Liability requirements: A. Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A. M. Best Key Rating Guide. S. Minimum Combined Single Limit of $1 ,000,000 per occurrence for bodily injury and property damage. C. The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. D. The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. VII. Workers' Compensation Insurance requirements: A. Workers' Compensation insurance shall include the following tenns: 1. Employer's Liability limits of $1,000,000 for each accident is required. 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 4203 04" shall be included in this policy. Page 13 Form Revised on 5-11-12 Contract No. 14-239 3. Texas must appear in Item 3A ofthe Worker's Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States ofNV, NO, OH, W A, WV, and WY. VHI. Professional Liability requirements: A. Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A. M. Best Key Rating Guide. B. Minimum of $1 ,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $1 00,000.00. Financial statements shall be furnished to the City upon request. C. For "claims made" policies, access to a 24-month extended reporting period shall be required and a retroactive date must be shown on the certificate of liability. Page 14 Form Revised on 5-11-12 Contract No. 14-239 I DAlE IIAMIOOlYYYYIAeRD• CERTIFICATE OF LIABILITY INSURANCE 4/1/2014 THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AlTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTIruTE A CONTRACT BElWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMt'UKI AJ'U : If me cenmcate holder Is an ADDITIONAL INSURED, me ~Icy(i&s) must be endorse<!. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In neu of such endorsement(s). PRODUCER Aon Insurance Services 159 East County Line Rd. IE~ Ir~N ..1­ Hatboro, PA 19040-1218 IHSURERIS) AI'FOAOING eOVERAGE HAle' INSURER A; Continental Casualty Company 20443 INSURED INSURER 8; North River Insurance Company 21105 Beny Dunn McNeil & Parker,lLC 100 Middle Street Portland, ME 04103 INSURERC: INSURER O' INJURERE: INIIURER F: REVISION NUMBER- CANCElLATION City of College Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 6E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NonCE WILL 6E DELIVERED INPO Box 9960 ACCORDANCE WITH THE POLICY PROVISIONS. ColJege Station, TX 77842 o ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER-. THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80ve FOR THE POLICY PERIOD INOICATED, NOTWITIiSTANDING ANY REQUIREMENT, TERM OR CONDIllON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDrTlONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~ TYPE OF INSIlRANCE [Iiiii'IWlin PQUCY NUMBER Ir&1iM\STyV~ II~attfJ..WY1. LIMITS GENERAL UABIUTY EACH OCCO;:;RENCE S MMeRC!AI. GENERAl UABilITY ~~t~J~E~=~~""l S ClARdS-MAOE 0 OCCUR ~Ela" (Any onl p......,n) S PERSONAl & NJoiINJU!'!V S GENERAL AGGREGATE S GEN'L~RnE LIMIT AFPI.!ES peR: PRODuCTS· COMPIOP AGG S I POIJCY r;~ n lOC 5 AUTOMOBILE llA8IUTY iEal=~~tF"GU;LIMIT 5-I SOOE!.Y INJURY Werpenonl Is r-­AHYAUTO ,--SCHEDULeoAll 01ll<ED SOOIl..'f IN.iU RY S I-­",UTOS ~ I\\1T05 NON-OWNED ;ii~:,;;~~,gA1MGt:H'REDAUTOS A\,'rOS s I-­-­$ UMBRELLA UAS HOCGUR SACK OCC\J~RENce $ I-­EXCES$UAS CLAIWS-MAQ5 AGGI!EGATE S OED I I RETENTION S S WORKERS COMPENSATIOH li~4ra1#sl ICJ~'AND EMPLOYER!' UABIUTY YIN NN P~'PAATHERleXl!CUTM! 0 MIA E.L. EACH ACCIDENT S OFflCEMISd EXCLUDED? (II',nlbtory in Nil) E.L. DISEA gmtt1= TIONS bebw E.!.. ~ profeSSIOnal 'I At-'L-1I!H 11 ;a1l1 U4.(Ul/2U14 U41U1I201() per ,uuu annual 557-100355-5 aggregate DIlSCRIPTIOH OF OPERATIONS' LOCATIONS I VEHICLES (AltlCh ACORD t Of, Addition.1 R.rrurrb SI1h.dulv. if mor9 ..poe. Is ",,!ulrl'<ll CERTIFICATE HOLDER BERRDUN·03 RRUMPF ACORD' I DATE (MMiODIVYYYICERTIFICA TE OF LIABILITY INSURANCE ~ 4/1/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: II the certificate holder Is an ADDITIONAl-INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on th's certificate does not confer rights to the certificate holder In lieu of such endorsemen!{s). PRODUCER CONTACT Clark Insurance 2385 Con~es8 Street ~.207}1!4:62~_____ ~fAX -­. _ J~I.C, NOI:J~~Iln 1:~~~'L_ Portland, E 04104 INSURERlsl AFfORD.ING COVERAGE NAtCIl INSURER A: Peerle~s Insurance ~~ 24198 ..----...--.~ ItlSURED !NSURER B: Maine E_m ployers Mutual 11149 Berry Dunn McNeil & Parker LLC INSURER C : Underwriters at Lloyd's London PO Box 1100 11I~1.JI'tI:I'tP; Travelers Insurance 39357 Portland, ME 04104 JIf.~.1.J.fl_~R E : INSURERF: COVERAGES CERTIFICATE NUMBER' REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \NITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN'S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS, INSR TYPE OF INSURANCE =i~~ Jr.?l-1.9,~~. 11t;.~1,i,v,m,,1 liMITSLTR POlley NUMBER A ,X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2.000,OO~'~-tJ ClAIMS-MADE Qg OCCUR X BOP9719897 04/30/2013 04/30/2014 ~~~~$YE~~~ncel 500,000X $ -15,000 ~ MEO EXP (Anyone person) $ rXERSONAl & AOV INJURY $ 2.000,00(J .-~ 4.000,OOtl, GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $=l POLICY 0 ~rtr 0 LOC PRODUCTS ­COMPIOP AGO $ 4.000,OO(J OTHER: s AUTOMOBILE LIABILITY fe~~~~~~rING[EUMll $ 1.000,OO(J A -X IBA8427467 04/30/2013 04/30/2014 BODilY INJURY(P~~ANY AUTO-ALL OWNED ~SCHEDULED BODilY INJURY {Per 8AUTOS I AUTOS X HI REO AUTOS C)0 NON,OWNED I rp~?~~~gAMAGE $ -f--i AUTOS $ ~UMBRELLA WID MOCCUR EACH OCCURRENCe $ A eXCESS LIAS CLAIMS-MAOE CU9714498 04/30/2013 04/30/2014 AGGREGATE $ 6,OOO!~--;~Tx I RETENTION $ ... 10.000 Commercial Umbr $ 5.000,00(] WORKERS COMPENSATION X I~~~TE I I ~~H'AND EMPLOYERS' LIABILITY YIN X 5101800149 01/01/2014 01/0112015 1.00Q,OO(B ANY PROPRIETQRI?ARTNERlEXECUTIVE [] E.L. EACH ACCIDENT $ OFFICERJMEMBER EXCLUDED? N/A ._~u. 1.000,OO((Mandatory In NH, EL. DISEASE· EA EMPLOYE E $ g~~M1fr{~~'6PERATIONS bolo',.. E.L DISEASE· POLICY liMIT $ 1.000,OO~ C Cyber Liability 130309BA91310C 0212212014 02/2212015 2,000,000 D Crime 105608076 !04/3012011 04/30/2014 2.000.00(J i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlthmal Romarl<s ScllGdule, mAY lie altached II more Ijncel$ required, City of College Station Is Included as additional Insured In regards to geneml and automobile liability as required by written contract. Genemillablllty Is primary, non·contrlbutory with waiver of subrogation. Workers Compensation Includes "Texas Waiver of Our RIght to Recover from others endol'$ement • WC42 03 04. 30 day notice of cancellation applies except for 10 days for non payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 College Station. TX 77842 AUTHORIZED REPRESENTATIVE '$~~~dt.I © 1988·2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-369 Name:BVCOG ILA for Network Bandwidth Status:Type:Agreement Consent Agenda File created:In control:4/4/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion regarding an Inter-Local Agreement with the Brazos Valley Council of Governments for the provision of Broadband Networking Services. Sponsors: Indexes: Code sections: Attachments:BVCOG-BR.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding an Inter-Local Agreement with the Brazos Valley Council of Governments for the provision of Broadband Networking Services. Relationship to Strategic Goals: (Select all that apply) ··Core Services and Infrastructure Recommendation(s):Staff recommends approval of the Interlocal Agreement. Summary: City internet bandwidth requirements continue to grow. Due to the criticality of sufficient and reliable internet access to provide efficient and effective business services to citizens and conduct day-to-day operations of the city it is necessary to provide additional internet bandwidth capacity and to establish a second independent route for internet data traffic. The BVCOG has established a business relationship with Texas A&M University that provides the capability and connectivity to offer commodity internet to eligible government and educational organizations. Budget &Financial Summary:Adoption of the ILA does not commit the city to any funding commitment.Following ILA approval,it is anticipated that the city will purchase 50 Megabytes of bandwidth access per month at a cost of $1,100 per month.For the remainder of FY 14,this purchase will be funded from the IT Department Operations budget.A SLA will be submitted for consideration through the FY 15 budget process for future funding. Attachments: ILA College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-369,Version:1 College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ Computer and Network Services Agreement: BVCOG and College Station ,'.Iarch 17, 2013 Interlocal Agreement Between Brazos Valley Council of Governments And College Station, Texas For Broadband Networking Services This Interlocal Agreement is Subject to Arbitration Under the Texas Government Code, Chapter 2260, as amended. This Interlocal Agreement is entered into by and between the City of College Station, Texas, a home-rule municipal corporation, acting by and through its governing body (hereinafter "CITY") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS, a political subdivision of the State of Texas (hereinafter "BVCOG"). WHEREAS, the CITY and BVCOG wish to enter into an Agreement to permit the BVCOG to provide to the CITY Internet Protocol (IP) connectivity bandwidth and related services. WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTER LOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services including to make cooperative purchases of goods and services among themselves; WHEREAS, CITY and BVCOG desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, the parties represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, the City of College Station is a Home-Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5 of its CITY CHARTER; WHEREAS, each party has sufficient funds available from current revenues to perform the functions contemplated by this Agreement; City of College Station Contract Nr. 14-249 Computer and Network Services Agreement: B VCGa and College Station March 17. 2013 WHEREAS, the parties are of the opInion that the purchase of IP connectivity bandwidth and related services by the CITY from the BVCOG will be beneficial to the parties and the taxpayers they represent through the efficiencies and potential saving to be realized by this Agreement. NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. PURPOSE The purpose of this Agreement is the provision by BVCOG to the CITY, connectivity to the Internet and various intranets at specified bandwidths. In furtherance of such purpose, the BVCOG agrees to provide staff and/or contractor services in support of but not limited to: • Sufficient bandwidth and high performance connectivity to meet the needs among its connected parties; • Physical and virtual links to and within existing networks; • Replacing and maintaining certain computing and networking equipment; • Network access for individuals identified by authorized parties under this Agreement; • Email service and a web presence and hosting for parties by mutual consent under this Agreement; • Technical support by mutual consent under this Agreement. 2. RESPONSIBILITIES OF BVCOG The BVCOG will be responsible for providing the following services pursuant to this Interlocal Agreement: A. Work in concert with CITY providing all necessary computer network and information technology support for the network broadband access requested by CITY to the CITY's single point of entry, to be identified by the City. B. Provide network connectivity and access to the internet at speeds up to the bandwidth requested by CITY. C. FrameNet Ports will be provisioned with Ethernet framing and delivered over single-mode fiber at 1310nm wavelength. Virtual circuits will be provisioned between local ports and Dallas for the purpose of delivering from Dallas, Commodity Internet Services (lPv4 and IPv6) through BVCOG to CITY single point of entry. D. Respond to all legal inquiries regarding the BVCOG network, with a copy to CITY of any legal inquiries pertaining to CITY, and on a periodic basis review overall program management and operation for efficient and effective operations. 2 City of College Station Contract Nr. 14-249 Computer and Network Sen'ices Agreement: B VCOG and College Station March 17. 2013 E. Maintain and monitor this Interlocal Agreement and assist the CITY hereto in the operation of this Agreement. F. Perform all other duties and functions necessary to fulfill the requirements as outlined in this Agreement. G. Prepare and distribute invoices and receive payment from CITY as indicated in BILLING AND RATES FOR REIMBURSEMENTS, as stated in paragraph 4 below. H. BVCOG will recognize one primary and one secondary individual at CITY as having administrative rights to add, delete and change individual rights for all CITY employees. I. BVCOG will annually (usually but not lirnited to January 151 ) pass along any increases or decreases in annual costs of the network. J. The BVCOG will provide reasonable administrative and technical assistance either by in-house resources or through a contractor between the hours of 8:00 am to 5:00 pm Monday through Friday. Technical assistance provided during non-business hours will be charged at a rate equal to the base wage of the BVCOG staff providing such service multiplied by 1.5. Continuous after hours phone support will be provided by BVCOG or its designee as outlined in Schedule A. K. BVCOG is not obligated by this Agreement to provide additional services to CITY. Any provision of additional like services would require a separate analysis of the feasibility and cost to provide such service, separate service pricing commensurate with cost, and a separate Services Agreement. 3. RESPONSIBILITIES OF CITY CITY shall be responsible for the following duties and requirements: A. Provide access to CITY facilities, equipment and software or contractors as needed so that BVCOG may carry out its responsibilities under this Agreement. B. As needed, provide access to CITY staff in support of BVCOG's efforts to fulfill the terms of this Agreement. C. Provide payment to BVCOG in consideration of this Agreement for the administration, operations and/or services outlined herein. D. Use of BVCOG's IP services requires that CITY maintain addresses it receives from BVCOG or secure a valid Autonomous System Number and IPv411Pv6 address blocks. Any equipment used by CITY in support of this Agreement must comply with IP, BGP, and VLAN ID tagging standards, and have sufficient system memory to support full commodity route tables. E. Software or content obtained from the use of the broadband network may contain viruses or other harmful features and CITY is solely responsible for protecting its equipment and software from such matters. Through the use of the broadband network, CITY may obtain or discover content that is offensive or illegal and CITY assumes the risk and is solely responsible for its access to such content. F. CITY staff will contact BVCOG's designated person{s)/contractor for any and all problems and/or issues with respect to the services provided in this Agreement. 3 City of College Station Contract Nr. 14-249 Computer and Network Services Agreement: BVCOG and College Station March /7, 20/3 G. CITY may not pass bandwidth connectivity obtained through BVCOG to any entity without the express written consent of BVCOG. H. CITY is responsible for all costs associated with specific software, cabling and/or equipment necessary for BVCOG to achieve the goals established by this Agreement directly benefiting the CITY. Should initial or future additional software, cabling, equipment and/or supplies become necessary, work and costs will be mutually agreed to prior to any purchases and/or installations. /. All costs associated with the CITY's network growth and/or other expansion will be the responsibility of CITY. 4. BILLING AND RATES FOR REIMBURSEMENT The CITY agrees to pay a monthly fee to BVCOG for the bandwidth, administration and operation of the network and expenses in support of this Agreement. Fees will be based on the number of megabytes {MB} of asynchronous bandwidth requested. The price for bandwidth is as follows: A) 10MB $30.00/MB/month B) 20MB $25.00/MB/month C) 50MB $22.00/MB/month D) 100MB $21.00/MB/month E) >100MB To be determined by mutual agreement These fees will be based on market conditions and reassessed each January based the number of entities participating with BVCOG. Invoicing will be not more frequent than 30 days. Payment must be received in net 30 days from receipt of invoice after which a 1 % pro rata per month interest fee will accrue. 5. TERM This Interlocal Agreement shall be effective when executed by all parties and continue in force and effect for the remainder of the BVCOG's current fiscal year. After that, this Agreement automatically renews annually on October 1 st. 6. CANCELLATION This Interlocal Agreement will be canceled automatically should the CITY fail to make its annual membership and/or monthly payment to the BVCOG. This Interlocal Agreement may be canceled by either of the parties hereto upon ninety (90) days written notice as provided in paragraph 14 hereof. 4 City of College Station Contract Nr. 14-249 Computer and Network Services Agreement: BVCOG and College Sialion March 17, 2013 7. INDEMNITY Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, to the extent allowed by law, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents, employees and volunteers, for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any other party to this Agreement, or any of its officers, agents, or employees as a result of its performance under this Agreement. 8. NO WAIVER OF IMMUNITIES Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 9. AMENDMENT This Interlocal Agreement may only be amended by the written consent of all the parties hereto. Any written consent amendments must be attached to or filed with the original contract to be in effect. 10. GOVERNING LAW This Interlocal Agreement shall be executed in and shall be governed by the laws of the State of Texas. The venue for all disputes shall be Brazos County, Texas. 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Interlocal Agreement. 12. FORCE MAJEURE Neither BVCOG nor CITY shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, applicable laws, regulations, court rulings, and administrative orders, as amended, acts of God, natural disasters, military action, riots, 5 City of College Station Contract Nr. 14-249 Computer and Network Services Agreement: BVCOG and College Slation March 17, 2013 civil insurrections or acts of terror, failure of suppliers, subcontractors, and software providers, phone and internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other party prompt written (traditional or email) notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. 13. SEVERABILITY In the event that any of the provisions or portions of this Interlocal Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions hereof shall not be affected thereby. 14. WRITTEN NOTICE Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. CITY of COLLEGE STATION POBox 9960 College Station , Texas 77842 Attn: City Manager BVCOG Executive Director Post Office Box 4128 Bryan, Texas 77805-4128 15. 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. 16. ASSIGNMENT This Agreement and the rights and obligations contained herein may not be assigned by either party. 6 City of College Station Contract Nr. 14-249 ------ ----- ------ Computer and Network Services Agreement: BVCOG and College Station March 17,2013 17. ENTIRE INTERLOCAL AGREEMENT This Interlocal Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, Agreements, arrangements or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Interlocal Agreement, which are not fully expressed herein. BRAZOS VALLEY CITY of COLLEGE STATION, TEXAS COUNCIL of GOVERNMENTS By: Byfjk4fli21z--___ (...,-; Mayor Name: rJ1 (c..Yl-fl./l-( :-tP.-..-fLs Date:____________ Title: ksf.5'r1r111Cix&cvc/ v E:-D(t...ecr~fLATTEST: Date: 3/'l-(fry ~ I City Secretary Date: APPROVED: City Manager City Attorney Date: Assistant City Manager/CFO Date: 7 City of College Station Contract Nr. Computer and Network Sen'ices Agreement: B VCOG and College Station March 17. 2013 Schedule A. The names and contact information below may change without notice. It is B VCOG 's policy to make tech support information available in multiple formats. Current information will be maintained online at www.bvcoq.orq. In accordance with Paragraph 2.J of the Computer and Network Services Agreement, the Brazos Valley Council of Governments will use reasonable, industry accepted efforts to monitor and maintain broadband functionality and to minimize any service disruption that may occur in areas under BVCOG's responsibility. For technical support under the terms of the Agreement Monday -Friday; Bam -5pm please use the following contact information: PRIMARY SECONDARY BVCOG Director of Information Technologies BVCOG Network Administrator Mr. Bo Moncivais Mr. Anthony Munoz (979) 595-2800 ext. 2270 (979) 595-2800 ext. 2271 (979) 777-1841 cell (361) 354-3197 cell bmoncivais@bvcog.org anthony.muoz@bvcog.org For after hours, call, text or email in the order below: 1) BVCOG Network Administrator Mr. Anthony Munoz (361) 354-3197 cell anthony.muoz@bvcog.org 2) BVCOG Director of Information Technologies Mr. Bo Moncivais (979) 777-1841 cell bmoncivais@bvcog.org 3) BVCOG Assistant Executive Director Mr. Michael Parks (979) 777-0980 cell mparks@bvcog.org HELP TICKET PROCEDURE: Once contacted for tech support help, BVCOG staff will: -work to assess the nature of the problem; -determine a course of action, assessing the severity and extent of the issue. -notify the originator of the HELP TICKET of the findings and recommended solution; -discuss the solution and estimated of time to completion with the appropriate agency individual(s) before proceeding. (Implementation is not contingent on this step. If the attempt to contact the individual fails, BVCOG would proceed with the solution.) -proceed with the solution implementation. 8 City of Co \lege Station Contract Nr. 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-372 Name:Janitorial supplies Status:Type:Contract Consent Agenda File created:In control:4/5/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion regarding renewal of Bid No. 12-048 with ProSTAR Industries for the purchase of janitorial supplies in an amount not to exceed $60,303.66. Sponsors: Indexes: Code sections: Attachments:12-048 Ren2.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding renewal of Bid No. 12-048 with ProSTAR Industries for the purchase of janitorial supplies in an amount not to exceed $60,303.66. ··Core Services and Infrastructure Recommendation(s):Staff recommends approval of the renewal agreement. Summary:Competitive sealed bids were solicited and opened on March 20, 2012. Ten (10) bids were received and it was determined that ProSTAR Industries submitted the lowest overall bid for janitorial supplies. ProSTAR Industries has performed satisfactory over the past year and has agreed to renew the original 2012 terms and conditions for a final one year term. An 8% increase shall be applied to three (3) contract items specified on the Renewal Acceptance Form and all remaining contract items shall stay at the original 2012 bid prices. Budget & Financial Summary:Funds are budgeted and available in the Public Works Facilities Maintenance Budget. Attachments: 1. Renewal Acceptance Form College Station, TX Printed on 4/17/2014Page 1 of 1 powered by Legistar™ From Prostar 979 779 7616 03/20/2014 10 03 #594 P.OCJ3/0CJ3 ****************************************************************************** RENEWAL (2) ACCEPTANCE By signing herewith, I acknowledge and agree to renew the annual price agreement for JanitOlial Supplies (Bid No. 12-048) and all other tenns and conditions previously agreed to and accepted for an amount not to exceed Sixty Thousand Three Hundred Three and .66/100 Dollars ($60,303.66). I understand this renewal agreement will be for the period beginning April 12, 2014 through April 11, 2015. This is the second and final renewal option available. DATE' / This renewal includes an eight percent (8%) increase to unit pricing for the three (3) items referenced below. Unit bid prices bid under the original contract may, my mutual agreement, be increased by no more than eight percent (8%). The remaining items covered by this agreement remain at the original 2012 bid prices. Proposed price changes: Black Trash Liner 16" x 14" x 36" .................... $9.90/case (previous bid price $9. 17/ca8e) White Trash Liner 23" x 17" x 46"................ $12.48/case (previous bid price $I1.56/case) C1ear Trash Liner 38" x 63"........................... $27.72/case (previous bid price $25.67/ca8e) ! 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-373 Name:Annual Crack Sealing of City Streets Status:Type:Contract Consent Agenda File created:In control:4/5/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action and discussion of the award of Contract 14-224, for the Annual Crack Sealing of City Streets for an amount not to exceed $140,000.00. Sponsors: Indexes: Code sections: Attachments:Tabulation.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion of the award of Contract 14-224, for the Annual Crack Sealing of City Streets for an amount not to exceed $140,000.00. ··Core Services and Infrastructure Recommendation(s):Staff recommends approval of the annual contact to the lowest responsible bidder Kegley, Inc. for an amount not to exceed $140,000.00. Summary:Five (5) sealed competitive bids were received and opened on March 6, 2014. The lowest responsible bidder was Kegley, Inc. at $140,000.00. This is a one year contract with two possible one year renewals. Budget & Financial Summary:Funds are budgeted and available in the Street Maintenance Fund. Attachments: 1. Bid Tabulation College Station, TX Printed on 4/17/2014Page 1 of 1 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for # 14-042 "Annual Crack Sealing of City Streets" Open Date: Thursday, March 6, 2014 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 125,000 lbs Seal cracks per specifications including all, materials, equipment, labor, mobilization, and traffic control. $1.12 $140,000.00 $1.48 $185,000.00 $1.39 $173,750.00 $3.90 $487,500.00 $1.74 $217,500.00 Bid Certification Addendum Acknowledged Bid Bond Y Y Y 20% Discount offered if work can be completed between October through February (cold season) Y Y Y Y Y Y Y Y Y Y Y Y $217,500.00 Kegley, Inc. San Antonio, TX Larry Young Paving Inc. College Station, TX Delta Prime Specialty Services Inc. Corpus Christi, TX Alpha Paving Industries, LLC Hutto, TX RHB Construction Round Rock, TX $185,000.00 $173,750.00 $487,500.00 GENERAL CONSTRUCTION ITEMS TOTAL $140,000.00 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-374 Name:Annual Concrete joint sealing of City Streets Status:Type:Contract Consent Agenda File created:In control:4/5/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action and discussion of the award of Contract 14-238 for the Annual Concrete joint sealing of City Streets for an amount not to exceed $148,750.00. Sponsors: Indexes: Code sections: Attachments:14-045 Tab.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion of the award of Contract 14-238 for the Annual Concrete joint sealing of City Streets for an amount not to exceed $148,750.00. ··Core Services and Infrastructure Recommendation(s):Staff recommends approval of the annual contact to the lowest responsible bidder Brazos Paving Inc. for an amount not to exceed $148,750.00. Summary:Four (4) sealed competitive bids were received and opened on March 21, 2014. The lowest responsible bidder was Brazos Paving Inc. at $148,750.00. This is a one year contract with two possible one year renewals. Budget & Financial Summary:Funds are budgeted and available in the Street Maintenance Fund. Attachments: 1. Bid Tabulation College Station, TX Printed on 4/17/2014Page 1 of 1 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #14-045 "Annual Resealing of Concrete Joints on City Streets" Open Date: Friday, March 21, 2014 @ 2:00 p.m. Page 1 of 1 ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 75,000 LF Reseal concrete expansion joints,including cleaning existing joint,reshaping reservoir, installing backer rod,and applying sealant. Traffic Control included.$1.85 $138,750.00 $2.00 $150,000.00 $2.70 $202,500.00 $4.14 $310,500.00 2 10,000 LF Reseal concrete sawcut joints,including cleaning existing joint,reshaping reservoir, installing backer rod,and applying sealant. Traffic Control included.$1.00 $10,000.00 $1.50 $15,000.00 $2.20 $22,000.00 $4.37 $43,700.00 Scodeller Construction (Wixom, MI) $148,750.00 $165,000.00 SCR Construction Co, Inc. (Richmond, TX) $224,500.00 Kegley, Inc. (San Antonio, TX) $354,200.00TOTAL BID GENERAL CONSTRUCTION ITEMS Brazos Paving, Inc. (Bryan, TX) 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-375 Name: Status:Type:Bid Award Consent Agenda File created:In control:4/5/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action and discussion awarding a bid to Bayer Construction in the amount of $116,440 for the improvements of the school zones at A&M Consolidated High School. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action and discussion awarding a bid to Bayer Construction in the amount of $116,440 for the improvements of the school zones at A&M Consolidated High School. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s):Staff recommends awarding the school zone improvement project to the lowest responsible bidder, Bayer Construction Electrical Contractor Inc. of Bryan, Texas. Summary:Several months ago Staff installed a school zone on FM 2818 (Harvey Mitchell Parkway)to reduce the travel speed during the start and end times of the school day for A &M Consolidated High School.Currently,we are utilizing flashing beacons on the side of the roadway to inform motorists of the active school zone.This project will provide overhead flashing beacons to better inform motorists of the school zone.Additionally,this project will distinguish the difference between the all day school zone on Welsh Avenue and Nueces Drive from the intermittent school zone on FM 2818 by utilizing school zone signs with LED indications embedded in the sign itself. Only one bid was received for this project.Bayer Construction Electrical Contractor was the lone responsible bidder in the amount of $116,440. Budget & Financial Summary: A total of $134,500 is budgeted for this project. $13,903 has been expended or committed to date, leaving a balance of $120,597 for construction and related expenditures. The budget for this project came from traffic signal bond funds authorized as part of the 2008 General Obligation Bond package. Attachments: 1. Contract - on file in the City Secretary's Office College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-375,Version:1 College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-377 Name:Water Conservation Plan Status:Type:Master Plan Consent Agenda File created:In control:4/6/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion to consider a resolution to adopt an updated Water Conservation Plan, as required by TCEQ. Sponsors: Indexes: Code sections: Attachments:Resolution.pdf Water Conservation Plan.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion to consider a resolution to adopt an updated Water Conservation Plan, as required by TCEQ. Relationship to Strategic Goals: ··Core Services and Infrastructure ··Sustainable City Recommendation: Staff recommends approval of the Resolution. Summary: Public water systems with 3,300 or more retail service connections, including the City of College Station, are required to have a Water Conservation Plan. These plans must be updated at least once every five years and the next required update is due to the Texas Commission on Environmental Quality (TCEQ) and the Texas Water Development Board (TWDB) by May 1, 2014. The plan contains strategies for reducing the consumption of water, reducing water loss, improving water use efficiency, and increasing water reuse. Major updates, compared to the 2009 Water Conservation Plan, include: · Updated Utility Profile information summarizing water production capacity, trends in water demand, water loss, and population figures. · Updated five and ten year water conservation targets and goals · Documentation of water conservation programs implemented in the last five years: o Landscape irrigation evaluations for high water use customers o Landscape irrigation ordinance requiring minimum design and installation standards and water conservation technology o Rebates for High-Efficiency Toilets and rainwater collection barrels o Implementation of the water reuse system at Veterans Park, and o Partnership with Texas A&M Agrilife and Brazos Valley Groundwater Conservation College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-377,Version:1 District to develop weather-based watering recommendations for customers. Budget & Financial Summary: There is no cost to adopt this update to the Water Conservation Plan. Funds or Policy changes required to achieve any particular goal will be brought to Council individually for approval. Attachments: Resolution Water Conservation Plan College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING UPDATES TO THE CITY OF COLLEGE STATION’S WATER CONSERVATION PLAN AS REQUIRED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ). WHEREAS, the City Council last adopted an updated Water Conservation Plan on October 23, 2006 by Resolution No. 10-23-2006-12.08; and WHEREAS, the City still desires to maintain a Water Conservation Plan (Plan) as evidence of its commitment to providing its customers with a reliable and a safe water supply; and WHEREAS, the City shall update the Plan as appropriate based on an assessment of previous five and ten year targets and any other new or updated information to keep the Plan current; and WHEREAS, the Water Conservation Plan meets the requirements of TCEQ and Texas Administrative Code, Title 30, Part 1, Chapter 288 in regard to its content and water conservation goals; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the Utility Profile of the Water Conservation Plan is updated to reflect current population figures, water production, and wastewater treatment capacities. PART 2: That the City Council hereby adopts the May 2014 Water Conservation Plan as in Exhibit “A”, which is attached to this resolution. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, 2014. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Water Conservation Plan May 2014 Public Water Supply Identification Number: 0210002 Brazos County David M. Coleman, P.E., Water Services Director P.O. Box 9960 1601 Graham Road College Station, TX 77842 979-764-3660 http://www.cstx.gov/water TABLE OF CONTENTS SECTION 1. INTRODUCTION ............................................................................................................................................... 1 SECTION 2. UTILITY PROFILE ............................................................................................................................................ 1 SECTION 3. WATER CONSERVATION GOALS .............................................................................................................. 2 SECTION 4. UNIVERSAL METERING, METER TESTING, AND REPLACEMENT ............................................. 3 SECTION 5. WATER LOSS CONTROL MEASURES ...................................................................................................... 3 SECTION 6. LEAK DETECTION AND REPAIR ............................................................................................................... 4 SECTION 7. PUBLIC INFORMATION AND EDUCATION ........................................................................................... 4 SECTION 8. NON-PROMOTIONAL WATER RATE STRUCTURE ............................................................................ 5 SECTION 9. WHOLESALE WATER SUPPLY CONTRACTS ........................................................................................ 5 SECTION 10. ADDITIONAL WATER CONSERVATION STRATEGIES TO ACHIEVE WATER CONSERVATION GOALS ........................................................................................................................................................ 6 SECTION 11. METHOD FOR TRACKING EFFECTIVENESS OF WATER CONSERVATION PLAN .............. 8 SECTION 12. MEANS OF IMPLEMENTATION AND ENFORCEMENT ................................................................. 9 SECTION 13. COORDINATION ............................................................................................................................................ 9 APPENDIX A: Resolution of the College Station City Council adopting Water Conservation Plan ...... 10 APPENDIX B: Transmittal Letter to Brazos Region G Regional Water Planning Group ........................... 11 APPENDIX C: Transmittal Letter to Brazos Valley Groundwater Conservation District ......................... 12 City of College Station Water Conservation Plan Page 1 of 9 SECTION 1. INTRODUCTION In accordance with the requirements of the Texas Commission on Environmental Quality (TCEQ), the City of College Station (the City) has updated its water conservation plan for adoption as a City resolution. The resolution of the City Council adopting the Water Conservation Plan shall authorize the City to implement, enforce, and administer the program. SECTION 2. UTILITY PROFILE Population and customer data The City of College Station Water Services Department manages a water distribution service area covering 54 square miles and a water service population of over 85,000 residents. This population amount does not include approximately 10,000 students living on campus at Texas A&M University (TAMU) that are served by Texas A&M’s water utility, nor approximately 5,000 residents within College Station City limits that are served by Wellborn Special Utility District. The City provides drinking water to its customers through a network of over 400 miles of transmission and distribution mains that provide service to nearly 40,000 water connections. Water Production and Delivery System The City utilizes ground water for its public water supply and since 1980 College Station has developed its own water production facilities. The City has nine groundwater wells, eight of which withdraw groundwater from the Carrizo-Wilcox Aquifer, and one in the Sparta Aquifer. The City’s wellfield is located northwest of Bryan in the vicinity of Sandy Point Road near Old San Antonio Road. Cooling towers located at the Sandy Point Pump Station cool the raw water from 118° F down to approximately 85°. The water is then pumped through two parallel water transmission lines to the Dowling Road Pump Station in College Station. Here the water is treated to meet Safe Drinking Water Act standards before being pumped to storage and distribution facilities. The City’s water distribution system includes over 400 miles of water lines, two ground storage reservoirs and two elevated storage tanks, providing a total storage capacity of 13 million gallons. Wastewater Collection and Treatment System Raw wastewater in College Station travels through a network of over 320 miles of wastewater collection lines to one of three wastewater treatment plants: Carter's Creek Wastewater Treatment Plant, Lick Creek Wastewater Treatment Plant, and Carter Lake Wastewater Treatment Plant. These three wastewater treatment plants and numerous lift stations serve a population of over 85,000 people, with an average daily discharge of 6 to 7 million gallons per day (MGD) and maximum daily wastewater treatment capacity of 11.5 MGD. Water use data Table 1 below summarizes key water use statistics for 2009 – 2013. Average per person usage is given in gallons per capita per day (gpcd). Average and peak daily water demand are given in million gallons per day (MGD). . The peak day to average day ratio varies between 1.7 and 2.1, meaning that peak day demand is nearly twice the average demand. The peak demand for the City is 24.998 MGD, reached in 2011. During high demand periods when large volumes of water are being pumped from the aquifer, the production capacity of the wells is reduced City of College Station Water Conservation Plan Page 2 of 9 due to declining water levels of the aquifer. The City’s water production and pumping system capacity is currently 29 MGD. Table 1. Municipal Water Demand 2009 – 2013 Year 2009 2010 2011 2012 2013 Peak GPCD1 245 239 283 232 246 Annual Average GPCD2 146 148 178 150 153 Peak Day (MGD) 24.7 21.8 25.0 22.1 26.2 Average Day (MGD) 11.8 11.7 14.6 12.2 12.1 Peaking Factor 2.1 1.85 1.71 1.82 2.17 1. Peak GPCD = (Total Gallons Used in Peak Month ÷ Permanent Population) ÷ Days in Month 2. Annual Average GPCD = (Total Gallons in System ÷ Permanent Population) ÷ 365 SECTION 3. WATER CONSERVATION GOALS The purpose of this water conservation plan is to reduce long-term demand on limited water resources by encouraging more efficient water use practices in College Station. Its primary goals are to reduce peak seasonal water demand and reduce the peaking factor on the water production and delivery system. Peaking factor is defined as the ratio between peak daily water use and average daily water use. A peaking factor of 1.5 or more shows potential for significant water conservation savings, particularly in seasonal water use. Quantified Five (5) and Ten (10) Year Water Conservation Targets and Goals Goal 1: Reduce peak daily water demand Goal 2: Reduce peaking factor to 1.7 or below TCEQ rules require the City build capacity to meet escalating peak daily demands, which, as discussed in Section 1, can be up to twice the average demand. Thus, reducing those peak demands will enable the City to defer new capital expenditures for production facilities, and better use of available water resources. The City aims to reduce peak demand through two methods: programs targeted at reducing peak per capita demand, and programs aimed at reducing the peaking factor. Table 2 outlines projected targets for reducing per capita demand and peaking factor. The Texas Water Conservation Advisory Council and Texas Water Development Board recommend that municipalities set goals of reducing per capita consumption by 1% per year. Table 2. Municipal per capita water use goals Year 2018 2023 Peak GPCD 236 225 Annual Average GPCD 147 140 Peaking Factor 1.8 1.7 City of College Station Water Conservation Plan Page 3 of 9 Goal 3: Maintain Water Loss at or Below 5% of Produced Water The goal of the City’s water loss control program is to maintain Non-Revenue Water (defined as unbilled authorized plus unbilled unauthorized usage) water at or below 5% of water produced, on an annual basis. In order to meet this goal, the City has several programs in place, including routine water audits, a program of leak detection and repair, and a meter testing and replacement program. These are described in the following section. Table 3: Water Loss Goals Historic 5yr Average 5-yr Goal (2018) 10-yr Goal (2023) Water Loss (GPCD)1 9 8 8 Water Loss (Percentage)2 6% 5% 5% 1. Water Loss GPCD = (Total Water Loss ÷ Permanent Population) ÷ 365 2. Water Loss Percentage = (Total Water Loss ÷ Total Gallons in System) x 100 Time frame for achieving conservation goals The three goals outlined above are designed to be achieved within five to ten years of the date of adoption of this Plan. The City will periodically evaluate the plan in accordance with State and Federal regulations to determine the extent, if any, that the plan needs modification. SECTION 4. UNIVERSAL METERING, METER TESTING, AND REPLACEMENT The ability to meter all water distribution and consumption uses allows the City to closely monitor actual water use, water losses, and prevent unauthorized use. All service connections in the City are metered. All production wells, pumping stations, interconnections, irrigation, swimming pools, parks, and municipal structures operated by the City are metered. Master meters at water production pump stations are calibrated and tested annually in accordance with American Water Works Association (AWWA) standards to provide a minimum accuracy of plus or minus five percent (5%). The City will continue to provide a preventive maintenance program for its water meters, wherein regular scheduled testing, repairs, and replacement are performed in accordance with American Water Works Association (AWWA) standards. After approximately seven years of usage, mechanical wear on traditional water meters causes them to under-report water usage due to parts rotating slower, resulting in lost revenue. In recent years the City has begun replacing old-style mechanical water meters with digital water meters having no moving parts, a twenty-year warranty, and capability to be retrofitted to Automated Metering Infrastructure (AMI). This results in much more accurate meter readings and the ability to provide customers with detailed water usage data on request. SECTION 5. WATER LOSS CONTROL MEASURES The Water Services Department generates a monthly water loss report that compares metered production with billed metered consumption, as well as unbilled authorized consumption. This report provides an effective tracking system of water loss. The City also completes a detailed water system audit following Texas Water Development Board (TWDB) guidelines at least once each year. The water City of College Station Water Conservation Plan Page 4 of 9 system audit determines the volume of actual water loss, the identification of water loss sources, the status and condition of primary water meters, an analysis of water line breaks, an evaluation of underground leakage potential, and provides recommendations for meter replacement. Table 4. Five-Year Summary of Water Loss1 2009 2010 2011 2012 2013 System Input2 4,289,137,000 4,305,911,000 5,320,089,000 4,440,799,000 4,647,972,000 Billed Authorized Consumption 3,861,358,000 3,941,350,000 4,964,117,000 4,113,426,000 4,252,645,000 Non-Revenue Authorized Consumption 108,491,000 166,713,900 88,668,000 88,005,000 63,894,000 Water Loss3 319,288,000 197,847,100 267,304,000 239,368,000 331,433,000 Water Loss (% of System Input)4 7% 5% 5% 5% 7% 1. Figures in table are in gallons 2. System Input = [Self-Supplied + Water Imported] – Water Exported 3. Water Loss = [System Input] – [Billed Authorized Consumption – Non-Revenue Authorized Consumption] 4. Water Loss % = Water Loss ÷ System Input SECTION 6. LEAK DETECTION AND REPAIR The City administers a leak detection and repair program for its water distribution system. This program features a work order prioritization system for leaks needing repair and an inventory of equipment and materials needed to promptly repair all detected or reported leaks. The City’s annual rehabilitation program to upgrade its water distribution system also addresses high volume leaks. The City also conducts an annual distribution system rehabilitation program that replaces the high water loss sections of the distribution system. This program is based on findings of monthly water loss reports and the leak detection program. SECTION 7. PUBLIC INFORMATION AND EDUCATION The City’s public education program typically makes at least 3,000 direct customer contacts each year through presentations, booths at community fairs, and plant tours. This figure does not include indirect contacts through utility bill inserts, newspaper and radio ads, and similar programs. The City promotes water conservation issues by informing the public in the following ways:  Offering water conservation audits to all water customers  Providing water conservation information to all customers upon request  Coordinating educational presentations, lectures, and demonstrations for schools, civic groups, and the general public  Publishing water conservation information on a regular basis in the City’s utility bill insert or other written form City of College Station Water Conservation Plan Page 5 of 9  Participating in community environmental education activities with the City of Bryan, Brazos Valley Groundwater Conservation District, Brazos County Master Gardeners, and other local organizations to promote water conservation education  Supporting annual events and demonstrations relating to water conservation and environmental issues that affect water supply and quality  Promoting the latest innovations in water conservation through partnerships with Texas Water Development Board’s Water IQ program and EPA’s Water Sense program. SECTION 8. NON-PROMOTIONAL WATER RATE STRUCTURE The City utilizes an inclining water rate structure to encourage customers to reduce both peak and overall water usage, while fairly allocating cost of service to each customer class. Under an inclining rate structure, the rate per thousand gallons increases as the amount of water used increases. The City implemented this inclining water rate structure in Fiscal Year 2008. The rate structure in place as of the date of this Plan charges monthly service charges based on meter size, plus a uniform rate per thousand (1000) gallons up to 10,000 gallons for single-family residential water customers. After 10,000 gallons, the rate per thousand increases slightly per thousand gallons for each separate usage block up to 26,000 gallons, as detailed in Table 4 below (City Ordinance No. 2010-3287). Currently, commercial rate structure charges monthly service charges based on meter size, plus a varying volumetric rate usage rate per thousand (1000) gallons for domestic or irrigation usage. (City Ordinance No. 2010-3287). City Staff is currently researching the option of altering the commercial rate structure in order to meet conservation goals. Table 5. FY 2014 Water Rates Customer Class Monthly Usage (gallons) Rate per 1,000 Gallons Single-Family Residential 0 - 10,000 $2.26 11,000 - 15,000 $2.94 16,000 - 20,000 $3.61 21,000 - 25,000 $4.28 26,000- above $4.96 Meter Fee $10.19 Commercial - Domestic Domestic (inside) usage $2.49 Commercial - Irrigation Irrigation (outside) usage $2.68 Meter Fee Varies by meter size This rate structure shall be reviewed on a regular basis to ensure that the rates adequately recover the cost of service and meet the goals of this water conservation plan. SECTION 9. WHOLESALE WATER SUPPLY CONTRACTS The City will, as part of contracts for sale of water to any other entity re-selling water, require that entity to adopt applicable provisions of the City's water conservation and drought contingency plan or have a City of College Station Water Conservation Plan Page 6 of 9 plan in effect previously adopted and meeting the basic requirements of 30 TAC §288. These provisions will be through contractual agreement prior to the sale of any water to the water re-seller. SECTION 10. ADDITIONAL WATER CONSERVATION STRATEGIES TO ACHIEVE WATER CONSERVATION GOALS This section provides information on recommended Best Management Practices developed by the Water Conservation Advisory Council and adopted by the City as a means of achieving specified water conservation goals. Conservation Coordinator This function is fulfilled through the Water Resource Coordinator position. A Conservation Coordinator is an individual designated to be responsible for preparation and implementation of the utility’s water conservation and drought contingency plans, preparation and submittal of annual conservation status reports, promotion of water conservation programs, and other duties necessary to carry out implementation of the utility’s conservation program. Landscape Irrigation Conservation and Incentives The City provides information to residential and non-residential customers regarding the methods and benefits of water conserving landscaping practices and devices, through public education to homeowners, business owners, landscape architects and designers, and irrigation professionals. The use of XeriscapeTM and “Water Wise” landscaping techniques, including drought tolerant plants and grasses is encouraged for landscaping new homes and commercial areas. The City has a commercial landscape ordinance that requires certain point values based on the size and type of development. Additional point credits are given to commercial landscapes that employ water- efficient irrigation systems such as drip irrigation systems when possible or other water conserving irrigation systems that utilize efficient sprinklers. The City’s landscape irrigation ordinance was updated in 2008 to comply with state law requiring that landscape irrigation systems are designed, installed, and operated in a water conserving manner. This change was made effective with Ordinance #3155, adopted December 16, 2008. Under this ordinance, a permit and an irrigation plan drawn to scale are required for all irrigation systems. The irrigation plan must be drawn up by a licensed irrigator, and include location & type of sensors, backflow prevention devices, and water emission devices (sprinklers), irrigation controller(s), and valves. A rain shutoff sensor is required, and all emission devices must be installed according to manufacturer’s specifications for spacing and pressure. The effect of this ordinance is that new irrigation systems in College Station are designed and installed to operate much more efficiently than older systems, and procedures are in place to prevent water waste. The City also works with area landscape supply businesses and nurseries to encourage them to sell locally adapted, drought tolerant plants and grasses along with efficient irrigation systems, and to promote use of these materials through demonstrations and advertisements. The City is also partnering with the Brazos Valley Groundwater Conservation District (BVGCD) and Texas A&M Agri-Life to implement innovative methods to promote landscape water conservation. Through a system of a weather station and rain gauges located throughout the City, customers will be able to City of College Station Water Conservation Plan Page 7 of 9 access specific weather information from a website that will provide specific landscape watering recommendations based on weather conditions for their area. The system will also weekly subscription- based email updates through which watering recommendations and water conservation tips will be sent directly to customers who sign up for the service. Weather-based landscape watering recommendations have shown great success with water conservation in other parts of the state and it is believed this new and innovative program will result in significant savings for College Station as well. Residential Landscape Irrigation Evaluation Summertime average water use in College Station is typically twice as high as annual average water use. That increase is primarily due to outdoor irrigation. Irrigation water is easily wasted due to overwatering, leaks and broken or misaligned sprinklers. The City of College Station Water Services Department has partnered with Texas A&M Agri-Life Research for several years to study the effectiveness of residential water conservation methods. Each year residential water customers with above average seasonal water use receive a letter containing water budgets comparing their estimated outdoor water use against an estimated landscape need, as well as comparing their household water use with neighborhood average household water use. Customers with above-average seasonal water use are encouraged to sign up for a free landscsape irrigation evaluation. In 2012 and 2013, approximately 5,000 customers were contacted through this program. In 2010 the City began offering landscape irrigation evaluations to residential customers with automatic in-ground irrigation systems to educate customers about proper irrigation and eliminate wasteful irrigation practices. While this service is available to all water customers, the program is targeted to water customers with above-average seasonal water use and customers with high bill complaints. The program is advertised through utility bill inserts as well as direct letters to high water use customers. To date nearly 400 irrigation evaluations have been completed. The procedure is for the customer to contact the City and schedule the evaluation. A Licensed Irrigator contracted with the City conducts the evaluation, which includes a system checkup, an efficiency check, a recommended irrigation schedule, and a written report of all problems observed. The City has also provided homeowner associations of high water use neighborhoods with articles regarding the program for publication in newsletters, and given presentations regarding program specifics, such as procedures and goals. Plumbing Code and Plumbing Fixture Retrofit Program The City has adopted the International Plumbing Code, which requires water saving, Ultra Low Flow (ULF) fixtures to be installed in new construction and in the replacement of plumbing in existing structures. The City educates residents, plumbers, and contractors on the benefits of retrofitting existing facilities with water saving devices through its public education program. In 2010 the City began offering rebates toward the replacement of high-flow toilets with qualifying WaterSense toilets in residential and commercial structures built prior to 1994. This program is available to residential and commercial customers, for new construction as well as retrofits. To date 695 commercial and multi-family toilets have been replaced, along with 107 single-family residential toilets, for an estimated savings of 4.6 million gallons. Rainwater Harvesting Rainwater harvesting is an effective method of reducing potable water usage while maintaining healthy landscapes and avoiding problems due to excessive run-off. Rainwater harvesting is the practice of City of College Station Water Conservation Plan Page 8 of 9 collecting and storing rainwater close to its source and using it for nearby needs. This can be done through a rain barrel, cistern (larger container), or a rain garden. In 2010 the City began providing customers with education on the proper installation and use of rainwater harvesting systems, along with a modest rebate for rainwater collection barrels. To date rebates have been issued for over 100 barrels. The City plans to modify the existing rainwater rebate program from a set rebate per barrel to a rebate per gallon of water storage. This will incentivize the purchase and installation of larger rainwater collection systems. Water Reuse The City has received authorization from the TCEQ to reuse its treated wastewater effluent as Type I reuse water, the highest quality of reuse water. This authorization is available for direct reuse projects as well as indirect reuse through its Bed and Banks permit. The goal for the City’s water reuse program is to reduce peak demand on the potable (drinking) water system by switching non-potable uses of water, such as athletic field irrigation, to reuse water. In 2006 the City completed a feasibility study of providing reuse water for irrigation at City-owned parks and facilities. In 2012 the City completed the first phase of this plan by extending reclaimed water infrastructure to the City’s Veterans Park and Athletic Complex. When this system is fully implemented, it will provide nearly 1 million gallons per day of reclaimed water to the parks, reducing demand on the potable water system. Plans are in development to develop a Water Reuse Implementation Plan that will focus on expanding the water reuse program to include large volume commercial customers, such as shopping centers and business parks. Prohibition on Wasting Water The City’s Drought Contingency Plan was amended in 2009 and reauthorized in 2014 to include the following prohibitions on water waste, which apply year-round:  Operating automatic in-ground or hose-end sprinkler systems between the hours of 10:00 a.m. and 6:00 P.M.  Allowing water to run off a property or allowing water to pond in the street or parking lot.  Operating an irrigation system with sprinkler heads that are broken or out of adjustment.  Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s).  Operating fountains or ponds without a recirculation device SECTION 11. METHOD FOR TRACKING EFFECTIVENESS OF WATER CONSERVATION PLAN In order to track the effectiveness of the Water Conservation Plan, the City compiles and submits an annual report on its Water Conservation Plan to TCEQ, which includes the following performance metrics:  Summary of public information issued in the previous year  Report on meter testing program  Summary of water loss control program  Peak water demand and overall water consumption  Per capita water usage for the previous calendar year.  Evaluation of status of plan and progress toward meeting stated goals City of College Station Water Conservation Plan Page 9 of 9 SECTION 12. MEANS OF IMPLEMENTATION AND ENFORCEMENT The City Manager or his/her designee will act as Administrator of this Water Conservation Plan. The Administrator shall oversee execution and implementation of all elements of this Plan and is responsible for overseeing adequate record-keeping for program documentation. As a means of implementing and enforcing this Plan, all Plan elements discussed in this document were adopted by City Council Resolution (see Appendix A). SECTION 13. COORDINATION This Water Conservation Plan shall work in accordance with the related City of College Station Ordinance, Drought Contingency and Water Emergency Plan, first adopted in January 2000 and as it may be revised or amended from time to time. The City of College Station will provide a copy of this Water Conservation Plan to the Brazos Region (Region G) Water Planning Group, as designated by the TWDB. See Appendix B. The City of College Station will provide a copy of this Plan to the Brazos Valley Groundwater Conservation District. See Appendix C. APPENDIX A: Resolution of the College Station City Council adopting Water Conservation Plan APPENDIX B: Transmittal Letter to Brazos Region G Regional Water Planning Group APPENDIX C: Transmittal Letter to Brazos Valley Groundwater Conservation District 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-378 Name:Drought Contingency and Water Emergency Plan Status:Type:Master Plan Consent Agenda File created:In control:4/6/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion to consider an ordinance amending Chapter 11, "Utilities", of the Code of Ordinances of the City of College Station, Texas, by amending Section 9: Drought Contingency and Water Emergency Plan in its entirety. Sponsors: Indexes: Code sections: Attachments:Drought Plan with Ordinance.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion to consider an ordinance amending Chapter 11, "Utilities", of the Code of Ordinances of the City of College Station, Texas, by amending Section 9: Drought Contingency and Water Emergency Plan in its entirety. Relationship to Strategic Goals: (Select all that apply) ··Core Services and Infrastructure ··Sustainable City Recommendation(s): Staff recommends approval of the Ordinance. Summary: Texas Commission on Environmental Quality (TCEQ) requires us to adopt a revised Drought Contingency Plan by May 1, 2014, which will renew the City's commitment to prudent water management. The 2014 Plan has 3 major changes from the 2009 Plan: 1. Our first drought stage was previously active during summer months, and this is now a year-round voluntary "default" condition to encourage water use reduction targets. This change is made to be consistent with guidance from TCEQ and TWDB. 2. Potential fines for violation of the Plan are now no less than $25 and no more than $2,000. Please note that to date, no fines have been issued, and we will continue to work with customers to achieve these goals and fines remain a last resort. 3. The triggers for the drought stages are updated to more accurately reflect stress on the water production and delivery system caused by high water demand or a water supply emergency: Stage 1 - High Water Demand.Triggers: · Average daily water consumption for three (3) consecutive days reaches 85% (24.65 College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-378,Version:1 MGD) of production/distribution capacity (29 MGD) of the City water system; OR · A mechanical failure occurs in the water production or distribution system that reduces water production/delivery capacity. Stage 2 - Severe Water Shortage.Triggers: ·Average daily water consumption for three (3)consecutive days reaches 90%(26.1 MGD) of production/distribution capacity (29 MGD) of the system; OR · The City's daily water consumption will not enable storage levels to be maintained Stage 3 - Water Supply Emergency.Trigger: · The water system is contaminated, whether accidentally or intentionally, or becomes non- operational for any reason. Condition is reached immediately upon detection. Budget & Financial Summary: The Plan and its implementation will have minimal financial impact on the City's water production operations, administration, and enforcement of drought contingency measures. Attachments: Ordinance Drought Contingency and Water Emergency Plan College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ ORDINANCE NO. _________________ AN ORDINANCE AMENDING CHAPTER 11, “UTILITIES”, SECTION 9 “DROUGHT CONTINGENCY AND EMERGENCY WATER PLAN” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 11, “Utilities”, Section 9 “Drought Contingency and Emergency Water Plan” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two-Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this ____ day of April, 2014. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Drought Contingency and Emergency Water Plan Ordinance Page 2 EXHIBIT “A” Chapter 11, “Utilities”, Section 9 “Drought Contingency and Emergency Water Plan” of the Code of Ordinances of the City of College Station, Texas, is hereby amended, in its entirety as set out hereafter to and is to read as follows: SECTION 9: DROUGHT CONTINGENCY AND WATER EMERGENCY PLAN A. DECLARATION OF POLICY, PURPOSE, AND INTENT. Safe, high quality drinking water is a precious resource in the Bryan-College Station region. This Drought Contingency and Water Emergency Plan (the “Plan”) requires that the available water resources of the City of College Station be put to the most beneficial use possible. The Plan also requires that the waste, unreasonable use, or unreasonable method of use of water be prevented, and that conservation of water be extended with a view to reasonable and beneficial use in the interests of public health and welfare of the College Station community. Emergency conditions resulting from equipment or system failures are also addressed in this Plan. The Plan will be reviewed and updated as necessary, at a minimum of every five (5) years. B. AUTHORIZATION. The City Manager or his designee is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager or his designee shall have the authority to initiate or terminate drought stages or water supply emergency response measures as described in this Plan. C. APPLICATION. The provisions of this Plan shall apply to all persons, customers, and property utilizing potable water provided by the City of College Station. The terms “person” and “customer” as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. Utilization of a water source other than City of College Station potable water is exempt from the provisions of this Plan. D. COORDINATION WITH REGIONAL WATER PLANNING GROUP. The water service area of the City of College Station is located within the Brazos Region G Regional Water Planning Group. The City of College Station has provided a copy of this Plan to the Brazos Region G Regional Water Planning Group. E. DEFINITIONS. For the purposes of this Plan the following definitions shall apply: 1. Aesthetic Water Use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. 2. Commercial and Institutional Water Use: water use which is integral to the operations of commercial and non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Drought Contingency and Emergency Water Plan Ordinance Page 3 3. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. 4. Customer: any person, company, or organization using water supplied by the City. 5. Domestic Water Use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. 6. Even Number Address: street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses. 7. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and value. 8. Landscape Irrigation Use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians. 9. Non-Essential Water Use: water uses that are neither essential nor required for the protection of public, health, safety, and welfare, including: a. Irrigation of landscaped areas, including parks, athletic fields, and golf courses, except as otherwise provided under this Plan; b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle; c. Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas; d. Use of water to wash down buildings or structures for purposes other than immediate fire protection; e. Flushing gutters or permitting water to run or accumulate in any gutter or street; f. Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools; g. Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life; Drought Contingency and Emergency Water Plan Ordinance Page 4 h. Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and i. Use of water from hydrants for construction purposes or any other purposes other than fire fighting. 10. Odd Numbered Address: street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9. F. PUBLIC EDUCATION. The City will periodically provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by means of press releases, utility bill inserts, public events, social media, and similar methods. G. NOTIFICATION 1. Public Meeting – This Plan has been presented to the public at a formal public meeting. 2. Public notification of the initiation or termination of drought response stages shall be by means of publication in a newspaper widely circulated in College Station and public service announcements on local television or cable service. Additional methods of public notification may include signs posted in public places, utility bill inserts, and other means to be determined by the City. 3. When mandatory restrictions are enacted with the initiation of Stage 1, Stage 2, or Stage 3, the Executive Director of TCEQ will be notified, at a minimum via telephone and email, within five (5) business days. When any particular stage is rescinded, the Executive Director of TCEQ will again be notified, at a minimum via telephone and email, within five (5) business days. H. YEAR-ROUND WATER USE MANAGEMENT AND CONSERVATION. This section establishes year-round water use management practices and applies year-round regardless of Drought Stage. The purpose of year-round water use management is to raise public and customer awareness of water demand conditions. 1. Voluntary Water Conservation Guidelines. The peak season for water use in College Station is the period from May 1st to September 30th and attention to water conservation in this period is critical to protecting valuable drinking water resources. During this time, water customers are requested to voluntarily conserve water and limit non-essential water uses. Water conservation practices are discussed in more detail in the City of College Station’s Water Conservation Plan. 2. Permanent Water Use Restrictions: In order to minimize water lost to evaporation and leaks, the following water use restrictions apply year-round: Drought Contingency and Emergency Water Plan Ordinance Page 5 a. Landscape irrigation using automatic in-ground or hose-end sprinkler systems is prohibited between the hours of 10:00 a.m. and 6:00 P.M. b. The time restrictions in (1) above do not apply to: (i) The irrigation of commercial plant nurseries. (ii) Irrigation using reclaimed water or other non-potable water sources. (iii) New landscape installation during planting and the first ten days after planting. (iv) The testing of new irrigation systems or existing irrigation systems being tested or under repair. (v) Irrigation using a hand-held bucket or hose equipped with a positive pistol grip nozzle, pressure-washing system, or other device that automatically shuts off water flow when the hose is not being held by the water user. (vi) Irrigation by drip irrigation or soaker hoses. c. The following uses constitute a waste of water and are prohibited (i) Allowing water to run off a property or allowing water to pond in the street or parking lot. (ii) Operating an irrigation system with sprinkler heads that are broken or out of adjustment. (iii) Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s). 3. Ornamental fountains or ponds for aesthetic or scenic purposes must be equipped with a recirculation device. This restriction does not apply to ornamental fountains or ponds that use reclaimed water, non-potable water, or water provided by sources other than the City. I. TRIGGER CONDITIONS. The City Manager or his designee shall monitor daily water supply or demand conditions. The City Manager, on recommendation of College Station Water Services, shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified “triggers” (discussed below) are reached. The triggering criteria described below are based on emergency situations caus ed by high daily average water demand, equipment or system failure, or a natural disaster. The trigger conditions also recognize that the City of College Station uses groundwater as its water supply, and therefore, will likely be constrained by system capacity before shortage of Drought Contingency and Emergency Water Plan Ordinance Page 6 supply. In the spirit of cooperation, various interconnections are in place between the City of College Station, City of Bryan and Texas A&M University that may be utilized to provide water in emergency conditions, provided there is not an additional emergency situation created by any water transfer. These shared water resources shall be evaluated or implemented prior to initiation of each stage of the Plan. 1. Stage 1 – High Water Demand a. Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined herein in Responses to Trigger Conditions, Stage 1, when: 1. Average daily water consumption for three (3) consecutive days reaches 85% of production/distribution capacity of the City water system; or 2. Emergency water supplied to the City of College Station by contractual agreement through system interconnections with Texas A&M University or the City of Bryan is curtailed or interrupted; or 3. A mechanical failure occurs in the water production or distribution system that reduces water production/delivery capacity. b. Requirements for termination - Stage 1 of the Plan may be rescinded by the City Manager when water demand drops below 85% of production/distribution capacity for a period of three (3) consecutive days, or the water system is returned to fully operational conditions. Upon termination of Stage 1, the standard condition of Year-Round Water Use Management becomes operative. 2. Stage 2 – Severe Water Shortage a. Requirements for initiation – Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined herein in Responses to Trigger Conditions, Stage 2, when: (i) The City average daily water consumption for three (3) consecutive days reaches 90% of production/distribution capacity of the system, or (ii) The City daily water consumption will not enable storage levels to be maintained. b. Requirements for termination - Stage 2 of the Plan may be rescinded by the City Manager when the condition(s) listed above as triggering events have ceased to exist for a period of three (3) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative as directed by the City Manager. 3. Stage 3 – Water Supply Emergency Drought Contingency and Emergency Water Plan Ordinance Page 7 a. Requirements for initiation - Customers shall be required to comply with the requirements and restrictions on non-essential water uses, as outlined herein in Responses to Trigger Conditions, Stage 3, when: (i) The City water system is contaminated, whether accidentally or intentionally. A Water Supply Emergency condition is reached immediately upon detection; or (ii) The City water system fails for any reason. A Water Supply Emergency condition is reached immediately upon detection. b. Requirements for termination - Stage 3 of the Plan may be rescinded by the City Manager when the condition(s) listed above as triggering events have ceased to exist. Upon termination of Stage 3, the previously initiated stage becomes operative as directed by the City Manager. J. RESPONSES TO TRIGGER CONDITIONS. The City shall monitor water supply and/or demand conditions on a daily basis and, in accordance with the triggering criteria set forth herein, shall determine that a voluntary, moderate or severe water shortage condition exists and shall implement the following actions upon notice as provided herein: 1. Stage 1 – High Water Demand - Water Demand Exceeds 85% of System Capacity. The goal for Stage 1 of the Plan is to achieve a 5% reduction in daily water demand and maintain average daily water demand below eighty-five percent (85%) of system capacity. In the event that the City Manager enacts Stage 1, the following water use restrictions shall apply to all customers using water provided by the City, in addition to the Year-Round Water Use Restrictions: a. Water customers are required to participate in the Watering Schedule for non- essential water use. Non-essential water use shall only occur on a designated outdoor watering day(s), which will be no more than twice each week. The Watering Schedule will be determined and distributed each year by the City. b. Non-essential water use is permitted: (i) From 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight on a customer’s designated watering day; or (ii) Anytime, by the use of hand-held hoses equipped with a positive pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being held by the water user, by drip irrigation, by soaker hose, or by hand-held buckets. c. The time restrictions do not apply to: Drought Contingency and Emergency Water Plan Ordinance Page 8 (i) The irrigation of commercial plant nurseries. (ii) Irrigation using reclaimed water. (iii)New landscape installation during planting and the first ten days after planting. (iv) The testing of new irrigation systems or existing irrigation systems being tested or under repair. d. The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes or other vehicles is permitted: (i) On designated watering days, from 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight. (ii) Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses. (iii)The washing of individual vehicles may be done at any time on the immediate premises of a commercial car wash or commercial service station. (iv) Further, this restriction does not apply to the washing of vehicles or any other type of mobile equipment (such as garbage trucks and vehicles to transport food and perishables) when the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing. e. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or Jacuzzi-type pools is permitted only on designated watering days from 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight. f. Use of water for the irrigation of golf course greens, tees, and fairways is permitted only on designated watering days. Such irrigation shall only occur from 12:00 midnight to 10:00 A.M. and from 6:00 P.M. to 12:00 midnight. These restrictions do not apply to the irrigation of any golf course that uses reclaimed water, or other non-potable water sources. g. Charity car washes are prohibited. h. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life. This restriction does not apply to ornamental fountains or ponds that use reclaimed water, non-potable water, or water sources other than the City. Drought Contingency and Emergency Water Plan Ordinance Page 9 i. Use of water from fire hydrants shall be limited to fire fighting and related activities, or other activities necessary to maintain public health, safety, and welfare. Use of water from designated fire hydrants for construction purposes may be allowed when a variance has been approved by the City Manager. j. All restaurants are prohibited from serving water to their patrons except when requested. k. The following uses constitute a waste of water and are prohibited in Stage 1: (i) Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios or other hard-surfaced areas except with a pressure-washing system or to alleviate immediate health or safety hazards. (ii) Use of water for dust control. (iii)Washing an automobile, truck, trailer, boat, airplane, or other mobile equipment with a hand-held hose not equipped with a pistol grip nozzle or other device that automatically shuts off water flow when the hose is not being held by the water user. 2. Stage 2 – Severe Water Shortage - Water Demand Exceeds 90% of System Capacity. The goal for Stage 2 of the Plan is to achieve a 5% reduction in daily water demand, maintaining average daily water demand at or below ninety percent (90%) of system capacity. In the event that the City Manager enacts Stage 2, the following water use restrictions shall apply to all persons: a. Supply Management Measures – The City will cease the flushing of water mains except when necessary to maintain public health, safety, and welfare. All City departments will discontinue irrigating public landscaped areas except when such areas are irrigated with reclaimed water, or water source other than that provided by the City. b. Water Use Restrictions – All requirements of Stage 1 shall remain in effect during Stage 2, with these additional water use restrictions: (i) The use of permanently installed irrigation systems, drip irrigation s ystems, and hose end irrigation is prohibited. (ii) Non-essential water use is restricted to use of hand-held buckets, or hand-held hoses equipped with a positive pistol grip nozzle, or other device that automatically shuts off water flow when the hose is not being held by the water user. Drought Contingency and Emergency Water Plan Ordinance Page 10 (iii)Such water use may occur only between the hours of 6:00 a.m. to 10:00 A.M. and 6:00 P.M. to 10:00 P.M. on designated non-essential water use days. (iv) The washing of automobiles, trucks, trailers, boats, airplanes, and other types of mobile equipment not occurring on the immediate premises of a commercial car wash or a commercial service station and not in the immediate interest of the public health, safety, and welfare are prohibited. The washing of such vehicles under public safety and health situations may only occur between 6:00 A.M. and 10:00 A.M. (v) Commercial plant nurseries may use only hand -held buckets, or hand-held hoses equipped with a positive pistol grip nozzle, or other device that automatically shuts off water flow when the hose is not being held by the water user. (vi) The filling, refilling, or adding of potable water to swimming or wading pools is prohibited. (vii) No new landscapes of any type may be installed. c. All variances granted under a previous stage shall be invalid during Stage 2. The use of water under variances granted by the City Manager is to be discontinued. 3. Stage 3 – Water Supply Emergency. The goal for Stage 3, Water Supply Emergency, is to rectify the emergency and return to normal operating conditi ons as soon as possible. In the event of an imminent or actual water supply emergency due to either loss of water supply source (including contamination) and/or system failure, the City Manager has the authority to initiate the following Water Supply Emergency Responses: a. The City Manager may request assistance from the City of Bryan and Texas A&M University in maintaining distribution system volume and pressure during the emergency conditions. b. Effective immediately upon initiation of Stage 3, all non-essential water use shall be discontinued, except for immediate health and safety purposes. c. In the event that water shortage or water emergency conditions threaten public health, safety, and welfare, the City Manager, upon recommendation of College Station Utilities, may order water rationing and/or terminate service to selected users of the system in accordance with the following sequence: (i) Recreational users, (ii) Commercial users, Drought Contingency and Emergency Water Plan Ordinance Page 11 (iii)School users, (iv) Residential users, and (v) Hospitals, public health, and safety facilities. d. Public Notification: In the event that minimum health and safety standards for drinking water are not met during emergency conditions, public service announcements on local television and radio stations will be utilized to notify the public of the emergency conditions and response measures. These response measures may include notifying the public of the need to boil water, use bottled water, or use a designated alternate water source, as appropriate. e. Emergency Management Assistance: The City may seek assistance through the local and/or State Emergency Management Program. K. WHOLESALE AGREEMENTS/CONTRACTS PROVISION. In the event that the Trigger Conditions specified by Stage 2 – Severe Water Shortage, or Stage 3 – Water Supply Emergency, of this Plan have been met, the City Manager is hereby authorized to initiate allocation of water supplies to wholesale customers on a pro rata basis. This stipulation applies to all existing and future wholesale water supply contracts or agreements made with the City. The pro rata basis for water allocation to wholesale customers will be made in accordance with the Texas Water Code §11.039 and as specified in 30 Texas Administrative Code §288.22(a)(7), as the statutes currently exists or as amended from time to time. L. ENFORCEMENT 1. No person shall allow the use of potable water from water supplied by the City for any residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this Plan, or in an amount in excess of that permitted by the stage in effect at the time pursuant to action taken by the City Manager in accordance with provisions of this Plan. 2. If a person is convicted or placed on any type of differed sentence or probated sentence, for three or more violations of this Plan, the City shall provide written notice to the person of possible termination of service. The notice shall apprise the person of the possible termination of service, the reasons for such possible termination, and afford the person an opportunity to present his objections to termination in a hearing before the City Manager. The person shall have not less than ten (10) days to present his objections. The notice shall also contain the notice requirements described in TCEQ Commission Rules located in the 30 Texas Administrative Code §291.88(a), as it currently exists or as amended from time to time. If after such hearing, the City Manager determines that service will be terminated then the services discontinued under such circumstances shall be restored only upon payment of the reconnection Drought Contingency and Emergency Water Plan Ordinance Page 12 charge, as established in Section 1 of this Chapter, and any other costs incurred by the City in discontinuing service. In addition, suitable written assurance must be given to the City Manager, that the same action shall not be repeated while the Plan is in effect. Compliance with this Plan may also be sought through injunctive relief in the district court or by any other legal means necessary to gain compliance and enforce the Plan. M. PRESUMPTIONS 1. Any person, including a person classified as a water customer of the City, in apparent control of the property where a violation occurs or originates, shall be presumed to be the violator, and proof that the violation occurred on the person’s property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he did not commit the violation. 2. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on property within the parents’ control shall constitute a rebuttable presumption that the parent committed the violation. Any such parent may be excused if he proves that he had previously directed the child not to use the water as it was used in violation of th is Plan and that the parent could not have reasonably known of the violation. N. VARIANCES. 1. The City Manager may, in writing, grant temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such a variance would cause an emergency condition adversely affecting the health, sanitation, or fire protection for the public or the person requesting such variance, or if one or more of the following conditions are met: a. Compliance with this Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. 2. Persons requesting an exemption from the provisions of this Ordinance shall file a petition for variance with the City within five (5) business days after the Plan or a particular drought response stage has been invoked. All petitions for variances shall be reviewed by the City Manager or his/her designee and shall include the following: a. Name and address of the petitioner(s), b. Purpose of water use, Drought Contingency and Emergency Water Plan Ordinance Page 13 c. Specific provision(s) of the Plan from which the petitioner is requesting relief, d. Detailed statement as to how the specific provision of the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Plan, e. Description of the relief requested, f. Period of time for which the variance is sought, g. Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date, h. Estimated water savings, as a percentage (%) of normal monthly water use, while operating under the variance requested, and i. Other information requested by the City. 3. Variances granted by the City Manager shall be subject to the following conditions, unless waived or modified: a. Variances granted shall include a timetable for compliance. b. Variances granted in a particular stage shall expire upon advancing to a more restrictive stage of the Plan. c. Petitioners shall prominently display the variance granted where it can be read by the general public at all location(s) for which the variance applies, and make said variance available to the public. d. Variances granted may be revoked by the City Manager or his designee if the petitioner fails to meet specific requirements set forth in the variance. e. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-379 Name:Electronic Storage Update Status:Type:Presentation Consent Agenda File created:In control:4/7/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the Electronic Storage Upgrade project. Sponsors: Indexes: Code sections: Attachments:4-24-2014.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the Electronic Storage Upgrade project. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation:Staff recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary:On January 23,2014,Council approved a contract for the upgrade of the City's electronic storage needs.The contract was for the purchase of equipment,software and services from Unique Digital. It is anticipated that long term debt will be issued for this project.On projects for which the expenditures will occur prior to the debt issue,a resolution declaring intention to reimburse certain expenditures with proceeds from debt must be adopted within 60 days of expenditure on the project. The expenditures on this project occurred within this 60 day period. Budget & Financial Summary:The "Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt" is necessary for this item because the long term debt has not been issued for the project. This debt is scheduled to be issued later this fiscal year. Reviewed and Approved by Legal:Yes. Attachment: 1. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-379,Version:1 College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-380 Name:Annual Water Meters-Inventory Status:Type:Presentation Consent Agenda File created:In control:4/7/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action and discussion on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract (#WM08-12). Based on the attached contract unit pricing, the estimated annual expenditure for water meters is: $224,499.54. Sponsors: Indexes: Code sections: Attachments:HGAC Quote Meters 032114.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract (#WM08-12). Based on the attached contract unit pricing, the estimated annual expenditure for water meters is: $224,499.54. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s):Staff recommends approval to purchase water meters from Aqua Metric Sales Company through the HGAC contract. Summary :The annual water meter replacement program is essential for maintaining the accuracy of our water meters,keep un billed water within acceptable limits and encourage water conservation.Water meters will be purchased,stocked in the Water/Wastewater inventory,and expensed as necessary for the ongoing water meter replacement program. Aqua Metric Sales Company is the HGAC contract dealer for Sensus IPERL and OMNI water meters. Products and services offered through HGAC have been subjected to either the competitive bid or competitive proposal format based on Texas statutes under the Local Government Code Chapter 252. Meter Type Item Number Estimated Annual Usage Unit Cost Extended Cost 5/8" x 3/4" (IPERL)890-045-00018 <tel:890 -045-00018> 850 $127.06 $108,001.00 1" (IPERL)890-045-00019 <tel:890 -045-00019> 50 $181.62 $9,081.00 1 1/2" Compound (OMNI C2)890-045-00053 <tel:890 -045-00053> 40 $1,076.66 $43,066.40 2" Compound (OMNI C2)890-045-00012 <tel:890 -045-00012> 30 $1,242.30 $37,269.00 3" Compound (OMNI C2)890-040-00013 <tel:890 -040-00013> 12 $1,573.58 $18,882.96 4" Compound (OMNI C2)890-045-00014 <tel:890 -045-00014> 3 $2,733.06 $8,199.18 Total Annual Cost of Meters:$224,499.54 College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-380,Version:1 Meter Type Item Number Estimated Annual Usage Unit Cost Extended Cost 5/8" x 3/4" (IPERL)890-045-00018 <tel:890 -045-00018> 850 $127.06 $108,001.00 1" (IPERL)890-045-00019 <tel:890 -045-00019> 50 $181.62 $9,081.00 1 1/2" Compound (OMNI C2)890-045-00053 <tel:890 -045-00053> 40 $1,076.66 $43,066.40 2" Compound (OMNI C2)890-045-00012 <tel:890 -045-00012> 30 $1,242.30 $37,269.00 3" Compound (OMNI C2)890-040-00013 <tel:890 -040-00013> 12 $1,573.58 $18,882.96 4" Compound (OMNI C2)890-045-00014 <tel:890 -045-00014> 3 $2,733.06 $8,199.18 Total Annual Cost of Meters:$224,499.54 Budget &Financial Summary:Funds are budgeted and available in the Water/Wastewater Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed and Approved by Legal:Yes Attachments:HGAC Contract Pricing Worksheet College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ Contract No.:WM08-12 Date Prepared:3/21/2014 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 1 127.06 127.06 1 181.62 181.62 1 1,076.66 1076.66 1 1,242.30 1242.3 1 1,573.58 1573.58 1 2,733.06 2733.06 0 0 0 0 0 0 6934.28 Quan Unit Pr Total 0 0 0 0 0 0% 0 6934.28Delivery Date: 2 Weeks ARO D. Total Purchase Price (A+B+C): Subtotal C: 1" Sensus Iperls w 3 Wire TRPL Cable PC 17 L PL Page 3 C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges For this transaction the percentage is: Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). Total From Other Sheets, If Any: Subtotal B: 1.5" OMNI C2 PC 17 K PL Page 10 2" OMNI C2 PC 17 K PL Page 10 4" OMNI C2 PC 17 K PL Page 10 3" OMNI C2 PC 17 K PL Page 10 Total From Other Sheets, If Any: Subtotal A: B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description 210-967-6305 Description 3/4" Sensus Iperls w 3 Wire TRPL Cable PC 17 L PL Page 3 A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary General Description of Product:Sensus Iperls ldavis@cstx.gov Catalog / Price Sheet Name: Sensus Feb 2013 Meter Pricing michael.cartwright@aqua-metric.com Aqua-Metric Sales Company Mike Cartwright 210-967-6300 CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of College Station Lisa Davis/Butch Willis 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-381 Name:RVP Aggies Go To War Status:Type:Presentation Consent Agenda File created:In control:4/7/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion on a funding agreement between the City of College Station and the Research Valley Partnership to provide $225,000 in Hotel Tax Funds for the Aggies Go to War Exhibit; and approval of the RVP budget for the Aggies Go to War Exhibit project. Sponsors: Indexes: Code sections: Attachments:Signed Exhibit Agreement.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a funding agreement between the City of College Station and the Research Valley Partnership to provide $225,000 in Hotel Tax Funds for the Aggies Go to War Exhibit; and approval of the RVP budget for the Aggies Go to War Exhibit project. Recommendation(s): Staff recommends approval of the funding agreement with RVP in the amount of $225,000 for the Aggies Go to War Exhibit; and approval of the RVP budget for the Aggies Go to War Exhibit project. Summary: On February 13, 2014 the City Council heard a presentation from the Research Valley Partnership on the proposed Aggies Go to War Exhibit in Belgium. The development cost associated with the entire exhibit is approximately $1.5 million. Of that amount $750,000 will be funded by Belgium and the remaining $750,000 is being asked from university and community stakeholders. Texas A&M University System has committed $375,000 and the Research Valley Partnership has committed $50,000. The City of College Station is being asked to fund $225,000 and the City of Bryan is being asked to fund $100,000. On February 24, 2014 The Texas A&M University System and the Research Valley Partnership entered into an agreement with the City of Bastogne and the Economic Development Agency of the Belgian Province of Luxemburg (Idelux) for the designing and producing of the temporary exhibition "Texas Aggies go to War". The agreement the City Council is being asked to consider is between the City of College Station and the Research Valley Partnership. This agreement provides the terms for making the payment to the RVP for this project. Budget & Financial Summary: On February 13, 2014 the Hotel Tax Fund Budget was amended to include $225,000 for the Aggies Go to War Exhibit. The funds for this project are available and College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-381,Version:1 budgeted in the Hotel Tax Fund. Legal Review:Yes Attachments: 1. Funding Agreement (Will be avaiable prior to meeting) 2. Agreement between the Texas A&M University System and the Research Valley Partnership. 3. RVP Budget for the Aggies Go to War Exhibit project. (Will be avaiable prior to meeting) College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-382 Name:TAMU Student Housing Resolution Status:Type:Presentation Consent Agenda File created:In control:4/7/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion regarding approval of a resolution authorizing the Mayor to approve the Plan of Finance, the Issuance of New Hope Cultural Education Facilities Finance Corporation Student Housing Revenue Bonds and the project to be acquired with the proceeds of such bonds. Sponsors: Indexes: Code sections: Attachments:Certificate of Mayor (College Station)-TEFRA Approval - unsigned by Mayo....pdf College Station TEFRA Resolution.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a resolution authorizing the Mayor to approve the Plan of Finance, the Issuance of New Hope Cultural Education Facilities Finance Corporation Student Housing Revenue Bonds and the project to be acquired with the proceeds of such bonds. Relationship to Strategic Goals: 1. Financially Sustainable City Recommendation:Staff recommends approval of the resolution. Summary:The City has received a request from New Hope Cultural Education Facilities Finance Corporation to approve a resolution,a non-profit corporation affiliated with Texas A&M University for the issuance of bonds for the construction of student housing for the benefit of Texas A&M University students on land ground leased to it from the Texas A&M University System,on the Texas A&M University campus.The project was originally going to be a $460 million 4,088 bed project.The project has been downsized and is in 2 phases.The initial phase is expected to be $112 million 1,262 bed facility. The second phase is expected to be similar in size. In order for certain entities to issue tax-exempt bonds,such entities are required to obtain the approval of either the highest elected official of the local jurisdiction or the governing body of the local jurisdiction.None of the City of College Station,the Mayor nor the City Council will have any liability for the bonds or the project being financed.The approval requirement is part of the Tax Equity and Fiscal Responsibility Act (TEFRA).Basically,under TEFRA,in order to issue tax exempt bonds,the applicant is required to post notice of a public hearing in the local jurisdiction,wait 15 days,hold the public hearing,and then obtain the approval of the Mayor or the City Council.The notice has been posted,and the required public hearing was held on March 19,2014.One member of the public attended the hearing, and was neither in favor of, or opposed to, the project and the bonds. College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-382,Version:1 Budget & Financial Summary:Approval of this resolution does not create any financial liability to the City of College Station. Reviewed and Approved by Legal:Yes. Attachment: 1. Resolution 2. Certificate College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ CERTIFICATE OF THE MAYOR OF THE CITY OF COLLEGE STATION, TEXAS The undersigned Mayor of the City of College Station, Texas, (the “City”) hereby certifies with respect to the issuance by the New Hope Cultural Education Facilities Finance Corporation (the “Corporation”) of its Student Housing Revenue Bonds (the “Bonds”), that: 1. This certificate is based upon the CERTIFICATE OF PUBLIC HEARING OFFICER REGARDING PUBLIC HEARING attached hereto as Exhibit A relating to the public hearing conducted on March 19, 2014, by the duly appointed hearing officer of the Corporation in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and 2. Solely for purposes of the approval requirements of the aforesaid Section 147(f) of the Code, and for no other purposes, in my capacity as Mayor, I hereby approve the plan of finance, the Bonds and the facilities to be financed with the proceeds of the Bonds; provided, however, THAT THIS APPROVAL SHALL NOT BE CONSTRUED AS (1) A REPRESENTATION OR WARRANTY BY THE CITY, THE MAYOR OF THE CITY, THE STATE OF TEXAS OR ANY OTHER AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS THAT THE BONDS WILL BE PAID OR THAT ANY OBLIGATIONS ASSUMED BY ANY OF THE PARTIES UNDER THE INSTRUMENTS DELIVERED IN CONNECTION WITH THE BONDS WILL IN FACT BE PERFORMED; (2) A PLEDGE OF FAITH AND CREDIT OF THE CITY OR THE STATE OF TEXAS OR ANY AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE STATE OF TEXAS OR THE CITY; OR (3) A REPRESENTATION OR WARRANTY BY THE CITY CONCERNING THE VALIDITY OF THE CORPORATE EXISTENCE OF THE CORPORATION OR THE VALIDITY OF THE BONDS. ______________________________ Mayor, City of College Station Date: _____________, 2014 EXHIBIT A SCHEDULE I SI-2 CITY OF COLLEGE STATION, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING THE MAYOR TO APPROVE THE PLAN OF FINANCE, THE ISSUANCE OF NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION STUDENT HOUSING REVENUE BONDS AND THE PROJECT TO BE ACQUIRED WITH THE PROCEEDS OF SUCH BONDS WHEREAS, the New Hope Cultural Education Facilities Finance Corporation (the “Issuer”) was created pursuant to the Cultural Education Facilities Finance Corporation Act, Article 1528m, Vernon’s Revised Civil Statutes, as amended (the “Act”), and has the power, authority and rights to issue revenue bonds for the purpose of aiding any accredited institutions of higher education, secondary schools, and primary schools, and authorized charter schools in financing or refinancing educational facilities and housing facilities and facilities that are incidental, subordinate, or related thereto or appropriate in connection therewith; WHEREAS, CHF – Collegiate Housing College Station I, L.L.C., a single member Alabama limited liability company (the “Borrower”), has requested that the Issuer issue, and the Issuer proposes to approve the issuance of, its Student Housing Revenue Bonds (the “Bonds”), pursuant to the Act and pursuant to a Trust Indenture between the Issuer and Regions Bank, as trustee (the “Indenture”), and to loan the proceeds of the Bonds to the Borrower, pursuant to a Loan Agreement between the Issuer and the Borrower (the “Loan Agreement”) for the purpose of providing funds to finance the cost of acquisition, development, financing, construction, furnishing and equipping of an approximately 4,088-bed student housing facility including the buildings and related facilities on the property, along with associated site development and various related amenities and improvements to be located on the campus of Texas A&M University, to fund interest on the Bonds during the period of construction and up to six months thereafter, to fund a debt service reserve fund for the Bonds, and to pay the costs of issuing the Bonds (collectively, the “Project”); WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that the plan of finance, the Bonds and the Project be approved by the “applicable elected representative” of the governmental unit in which the Project is located after a public hearing following reasonable public notice; and WHEREAS, the Mayor of the City of College Station, Texas (the “City”) has been requested to approve, as the applicable elected representative of the City, the plan of finance, the issuance of the Bonds and the Project in accordance with the requirements of the Code, and will be furnished with an affidavit of publication of notice of such hearing which shall be published in a newspaper of general circulation available to residents within the boundaries of the City and minutes of the public hearing to be conducted in connection therewith once such hearing has been held; and WHEREAS, the City Council desires to hereby authorize the Mayor to approve the issuance of the Bonds and the Project; and WHEREAS, the actions of the Issuer with respect to the plan of finance, the Project and the Bonds (including the issuance of the Bonds and the execution and delivery of the Indenture and Loan Agreement) and the action of the Mayor and the City Council with respect to the matters described herein will create no liability for the City and the City Council desires to authorize the Mayor to execute the required approval in connection with the issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT: SECTION 1 The Mayor of the City of College Station, Texas, is hereby authorized to approve the plan of finance, the issuance of the Bonds and the Project, for the limited purposes stated herein, and to execute and deliver such approval as requested. SECTION 2 The authorization to approve the plan of finance, the Bonds and the Project is made for the sole purpose of satisfying the requirements of Section 147(f) of the Code, and for no other purpose and shall not be construed as a representation, warranty or other undertaking of any kind by the Mayor, the City or the City Council in respect of the plan of finance, the Bonds or the Project. The Bonds shall not constitute obligations of the City or a pledge of its faith and credit, and the City shall not be obligated to pay the Bonds or the interest thereon or otherwise incur any liability in respect thereof. SECTION 3 The Mayor and City Secretary of the City and other officers of the City are hereby authorized to execute and deliver such instruments, certificates or documents necessary or advisable to carry out the intent and purpose of this resolution. SECTION 4 This Resolution shall take effect immediately upon its passage and shall continue in force and effect from the date hereof. PASSED, APPROVED, AND ADOPTED THIS ___ DAY OF _____________, 2014. ________________________________ ***** ATTEST: ________________________________ ***** APPROVED AS TO FORM AND LEGALITY: ________________________________ ***** 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-385 Name:(BVWACS) Operating Budget for FY 15 Status:Type:Agreement Consent Agenda File created:In control:4/7/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion regarding approval of the Brazos Valley Wide Area Communications System (BVWACS) Operating Budget for FY 15 and authorizing the City’s quarterly payments of approximately $53,602 for an annual total of $214,406; and approval of the BVWACS Capital Equipment Replacement Reserve Fund Budget for FY 15 and payment of the City’s share in the amount of $63,329. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of the Brazos Valley Wide Area Communications System (BVWACS) Operating Budget for FY 15 and authorizing the City’s quarterly payments of approximately $53,602 for an annual total of $214,406; and approval of the BVWACS Capital Equipment Replacement Reserve Fund Budget for FY 15 and payment of the City’s share in the amount of $63,329. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s):Staff recommends approval. Summary: On August 22, 2013, Council approved the First Restatement of the ILA establishing the BVWACS and the ILA appointing the Brazos Valley Council of Governments (BVCOG) to act as the Managing Entity for the BVWACS. In accordance with the BVWACS ILA a Proposed Operating Budget and a Proposed Capital Equipment Replacement Reserve Fund Budget for FY 15 was reviewed and approved by the Governing Board on April 16, 2014. Each of the BVWACS Parties (Bryan, College Station, Brenham, Washington County, Brazos County, Texas A&M University) has 30 days to review the proposed budgets. If any BVWACS Party does not agree with the proposed BVWACS Budgets as presented, it must provide the Governing Board with a detailed explanation of its issues with the draft Budget within 30 days after receipt. Budget & Financial Summary: If approved by Council funding for the City’s share of the BVWACS FY 15 Operating Budget and Capital Equipment Replacement Reserve Fund Budget will be included in the Information Technology FY 15 Operating Budget. College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-385,Version:1 Attachments:N/A College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-400 Name:CDBG Neighborhood Sidewalk Project Status:Type:Contract Consent Agenda File created:In control:4/15/2014 City Council Regular On agenda:Final action:4/24/2014 Title:Presentation, possible action, and discussion on awarding a bid to Vox Construction, LLC. in the amount of $256,955.82 for the 2014 CDBG Neighborhood Sidewalk Project. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Contract.pdf Attachment 2 - Map.pdf Attachment 3 - Bid Tab.pdf Surety Assignment.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on awarding a bid to Vox Construction, LLC. in the amount of $256,955.82 for the 2014 CDBG Neighborhood Sidewalk Project. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Core Services and Infrastructure ··Neighborhood Integrity Recommendation(s): Staff recommends approval of this construction contract with Vox Construction, LLC. contingent upon receipt of acceptable bonds and authorization for the City Manager to execute the Surety Assignment on behalf of the City. Summary: This contract includes the construction and/or improvement of sidewalks in three low-to-moderate income neighborhoods. These projects are eligible for Community Development Block Grant (CDBG) funds. These projects were identified in the Bicycle, Pedestrian, & Greenways Master Plan, the Eastgate Neighborhood Plan, Central College Station Neighborhood Plan, and to ensure ADA accessibility compliance. On April 3, 2014, five sealed competitive bids were received in response to ITB 12-048. The ITB separated the project into five sections of sidewalk for construction and/or improvement in the three low- to moderate-income neighborhoods. This contract includes construction of four of those sections: 1) Dominik Drive from Texas Avenue to George Bush Drive, 2) Dominik Drive from George Bush Drive to Stallings, 3) Westridge/San Pedro, and 4) Park Place at Texas Avenue. Due to budget restraints, one section of sidewalk, Dominik Drive from Stallings to Munson, will be recommended for College Station, TX Printed on 4/17/2014Page 1 of 2 powered by Legistar™ File #:14-400,Version:1 construction in the future. As a condition of SureTec Insurance Company to issue performance and payment bonds on this project, the City of College Station is required to sign a Surety Assignment agreeing to issue contract payments to Vox Construction, LLC. C/O SureTec Information Systems. Attachments: Attachment 1: Construction Contract (On file with City Secretary’s Office) Attachment 2: Map Attachment 3: Bid Tab Attachment 4: Surety Assignment College Station, TX Printed on 4/17/2014Page 2 of 2 powered by Legistar™ E A R L R U D D E R F WY HARVEY MITCHELL PKWYUNIVERSITY DRGEORGE BUSH DRWE L L B O R N R D SH 6 S FM 2154H ARVEY RDTEXAS AVE 2014 CDBG Sidewak Improvement Project ± 0 0.35 0.7 1.05 1.40.175 Miles Legend Service Area 2000 Low Income Block Groups TAMU Property City Limit Dominik Drive - Texas Ave nue to George Bush DriveDominik Drive - George Bush Drive to Stallings Texas Avenue at Park Place - ADA Acce ssibility Westridge & Sa n Ped ro City of College Station - Purchasing Division Bid Tabulation for #14-048 "2014 CDBG Neighborhood Sidewalk Project" Open Date: Thursday, April 4, 2014 @ 2:00 p.m. Texas to George Bush 1 Mobilization EA 1 $3,052.36 $3,052.36 $6,000.00 $6,000.00 $4,993.00 $4,993.00 $5,500.00 $5,500.00 $3,620.80 $3,620.80 2 Traffic Control EA 1 $1,220.95 $1,220.95 $1,500.00 $1,500.00 $500.00 $500.00 $250.00 $250.00 $1,262.32 $1,262.32 3 Stormwater Pollution Prevention Plan EA 1 $610.47 $610.47 $700.00 $700.00 $200.00 $200.00 $0.00 $0.00 $427.80 $427.80 5 Remove Existing Concrete (all flatwork)SF 911 $1.16 $1,056.76 $3.00 $2,733.00 $5.35 $4,873.85 $2.75 $2,505.25 $3.19 $2,906.09 7 Concrete Sidewalk SF 3983 $5.29 $21,070.07 $4.85 $19,317.55 $2.70 $10,754.10 $4.95 $19,715.85 $4.30 $17,126.90 8 Concrete Pavement (5" driveway w/monolithic curb)SF 911 $9.14 $8,326.54 $5.95 $5,420.45 $2.84 $2,587.24 $5.30 $4,828.30 $5.59 $5,092.49 9 Ambulatory Ramp (all types)EA 8 $396.81 $3,174.48 $500.00 $4,000.00 $347.75 $2,782.00 $495.00 $3,960.00 $609.08 $4,872.64 10 TxDOT Type C1 Curb (H=0 to 24”) w/masonry fascia LF 60 $97.68 $5,860.80 $40.00 $2,400.00 $26.32 $1,579.20 $57.20 $3,432.00 $31.00 $1,860.00 11 Dowel to existing sidewalk or driveway EA 8 $61.05 $488.40 $80.00 $640.00 $111.28 $890.24 $38.50 $308.00 $11.97 $95.76 12 Saw cut existing concrete LF 8 $6.10 $48.80 $10.00 $80.00 $3.75 $30.00 $2.75 $22.00 $9.73 $77.84 13 Sidewalk drain EA 1 $6,104.73 $6,104.73 $500.00 $500.00 $1,265.00 $1,265.00 $385.00 $385.00 $3,238.86 $3,238.86 22 Relocate fire hydrant EA 1 $2,600.40 $2,600.40 $2,000.00 $2,000.00 $3,210.00 $3,210.00 $6,050.00 $6,050.00 $4,712.00 $4,712.00 23 Adjust manhole lid EA 1 $427.33 $427.33 $200.00 $200.00 $56.18 $56.18 $275.00 $275.00 $145.08 $145.08 24 Adjust water valve box EA 2 $91.57 $183.14 $50.00 $100.00 $56.18 $112.36 $165.00 $330.00 $145.08 $290.16 25 Adjust sewer clean-out EA 1 $152.62 $152.62 $50.00 $50.00 $56.18 $56.18 $165.00 $165.00 $145.08 $145.08 29 Relocate signs/obstructions EA 4 $122.09 $488.36 $50.00 $200.00 $133.75 $535.00 $165.00 $660.00 $106.64 $426.56 31 Bermuda Grass Sod SY 400 $3.99 $1,596.00 $14.50 $5,800.00 $3.14 $1,256.00 $3.35 $1,340.00 $3.14 $1,256.00 SECTION TOTAL George Bush to Stallings 1 Mobilization EA 1 $3,052.36 $3,052.36 $11,000.00 $11,000.00 $8,497.00 $8,497.00 $5,500.00 $5,500.00 $7,418.92 $7,418.92 2 Traffic Control EA 1 $1,220.95 $1,220.95 $1,500.00 $1,500.00 $750.00 $750.00 $250.00 $250.00 $2,587.88 $2,587.88 3 Stormwater Pollution Prevention Plan EA 1 $610.47 $610.47 $700.00 $700.00 $1,200.00 $1,200.00 $0.00 $0.00 $1,156.92 $1,156.92 4 Remove Existing Concrete (curb & gutter)LF 106 $4.27 $452.62 $6.00 $636.00 $7.95 $842.70 $5.50 $583.00 $4.98 $527.88 5 Remove Existing Concrete (all flatwork)SF 4239 $1.22 $5,171.58 $3.00 $12,717.00 $5.35 $22,678.65 $2.75 $11,657.25 $3.19 $13,522.41 6 ST 1-01 Concrete Curb and Gutter LF 100 $14.65 $1,465.00 $12.00 $1,200.00 $5.35 $535.00 $13.75 $1,375.00 $16.37 $1,637.00 7 Concrete Sidewalk SF 7165 $5.29 $37,902.85 $4.85 $34,750.25 $2.70 $19,345.50 $4.95 $35,466.75 $4.30 $30,809.50 8 Concrete Pavement (5" driveway w/monolithic curb)SF 2102 $9.14 $19,212.28 $6.00 $12,612.00 $2.84 $5,969.68 $5.28 $11,098.56 $5.59 $11,750.18 9 Ambulatory Ramp (all types)EA 12 $396.81 $4,761.72 $500.00 $6,000.00 $347.75 $4,173.00 $495.00 $5,940.00 $609.08 $7,308.96 10 TxDOT Type C1 Curb (H=0 to 24”) w/masonry fascia LF 105 $97.68 $10,256.40 $40.00 $4,200.00 $26.32 $2,763.60 $57.20 $6,006.00 $31.00 $3,255.00 11 Dowel to existing sidewalk or driveway EA 5 $61.05 $305.25 $80.00 $400.00 $111.28 $556.40 $38.50 $192.50 $11.97 $59.85 12 Saw cut existing concrete LF 1 $6.10 $6.10 $10.00 $10.00 $3.75 $3.75 $2.75 $2.75 $9.73 $9.73 16 SW 1-01 Pedestrian Guardrail LF 36 $134.30 $4,834.80 $90.00 $3,240.00 $7.12 $256.32 $112.20 $4,039.20 $155.00 $5,580.00 18 Remove & replace headwall for 66" RCP w/dissaptor blocks)LS 1 $12,209.45 $12,209.45 $16,420.00 $16,420.00 $3,424.00 $3,424.00 $5,280.00 $5,280.00 $3,176.88 $3,176.88 19 Concrete channel lining SF 115 $8.55 $983.25 $10.00 $1,150.00 $8.03 $923.45 $5.50 $632.50 $19.91 $2,289.65 20 Rock rip-rap SF 410 $6.10 $2,501.00 $18.00 $7,380.00 $20.87 $8,556.70 $2.20 $902.00 $9.39 $3,849.90 24 Adjust water valve box EA 1 $183.14 $183.14 $50.00 $50.00 $56.18 $56.18 $165.00 $165.00 $145.08 $145.08 29 Relocate signs/obstructions EA 2 $122.09 $244.18 $50.00 $100.00 $133.75 $267.50 $165.00 $330.00 $106.64 $213.28 31 Bermuda Grass Sod SY 635 $3.99 $2,533.65 $14.50 $9,207.50 $3.14 $1,993.90 $3.35 $2,127.25 $3.14 $1,993.90 SECTION TOTAL RNL Homebuilders, LLC Unit Price Total Price $47,556.38 $97,292.92 Marek Brothers Construction, Inc. Unit Price Total Price $49,726.40 $91,547.76 VOX Construction, LLC Unit Price Total Price $35,680.35 $82,793.33 Palomares Construction, Inc Unit Price Total Price $51,641.00 $123,272.75 Dudley Construction, LTD Total Price $56,462.21 $107,907.05 Item No.Description Unit Quantity Unit Price City of College Station - Purchasing Division Bid Tabulation for #14-048 "2014 CDBG Neighborhood Sidewalk Project" Open Date: Thursday, April 4, 2014 @ 2:00 p.m. RNL Homebuilders, LLCMarek Brothers Construction, Inc.VOX Construction, LLCPalomares Construction, IncDudley Construction, LTD Stallings to Munson 1 Mobilization EA 1 $2,992.51 $2,992.51 $6,000.00 $6,000.00 $9,372.00 $9,372.00 $5,500.00 $5,500.00 $4,922.80 $4,922.80 2 Traffic Control EA 1 $1,220.95 $1,220.95 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $250.00 $250.00 $1,717.40 $1,717.40 3 Stormwater Pollution Prevention Plan EA 1 $610.47 $610.47 $700.00 $700.00 $1,200.00 $1,200.00 $0.00 $0.00 $698.12 $698.12 4 Remove Existing Concrete (curb & gutter)LF 25 $4.27 $106.75 $18.00 $450.00 $7.95 $198.75 $5.50 $137.50 $4.98 $124.50 5 Remove Existing Concrete (all flatwork)SF 876 $1.22 $1,068.72 $3.00 $2,628.00 $5.35 $4,686.60 $2.75 $2,409.00 $3.19 $2,794.44 6 ST 1-01 Concrete Curb and Gutter LF 25 $14.65 $366.25 $15.00 $375.00 $5.35 $133.75 $13.75 $343.75 $16.37 $409.25 7 Concrete Sidewalk SF 6487 $5.29 $34,316.23 $4.85 $31,461.95 $2.70 $17,514.90 $4.95 $32,110.65 $4.30 $27,894.10 8 Concrete Pavement (5" driveway w/monolithic curb)SF 737 $9.14 $6,736.18 $6.00 $4,422.00 $2.84 $2,093.08 $5.28 $3,891.36 $5.59 $4,119.83 9 Ambulatory Ramp (all types)EA 10 $396.81 $3,968.10 $500.00 $5,000.00 $347.75 $3,477.50 $495.00 $4,950.00 $609.08 $6,090.80 11 Dowel to existing sidewalk or driveway EA 6 $61.05 $366.30 $80.00 $480.00 $111.28 $667.68 $38.50 $231.00 $11.97 $71.82 12 Saw cut existing concrete LF 10 $6.10 $61.00 $10.00 $100.00 $3.75 $37.50 $2.75 $27.50 $9.73 $97.33 13 Sidewalk drain EA 1 $6,104.73 $6,104.73 $500.00 $500.00 $1,265.81 $1,265.81 $550.00 $550.00 $0.00 $0.00 14 TxDOT Type F2 Curb (H=24") w/masonry facia LF 60 $97.68 $5,860.80 $80.00 $4,800.00 $131.61 $7,896.60 $82.50 $4,950.00 $50.82 $3,049.20 15 TxDOT Type F3 Curb (H=60") w/masonry facia LF 12 $183.14 $2,197.68 $90.00 $1,080.00 $131.61 $1,579.32 $137.50 $1,650.00 $285.20 $3,422.40 16 SW 1-01 Pedestrian Guardrail LF 72 $134.30 $9,669.60 $90.00 $6,480.00 $7.12 $512.64 $112.20 $8,078.40 $155.00 $11,160.00 23 Adjust manhole lid EA 1 $427.33 $427.33 $200.00 $200.00 $56.18 $56.18 $385.00 $385.00 $145.08 $145.08 24 Adjust water valve box EA 2 $183.14 $366.28 $50.00 $100.00 $56.18 $112.36 $165.00 $330.00 $145.08 $290.16 26 Adjust water meter box EA 1 $122.09 $122.09 $50.00 $50.00 $56.18 $56.18 $165.00 $165.00 $372.00 $372.00 27 Match & reconnect wooden walkways EA 4 $544.79 $2,179.16 $150.00 $600.00 $185.11 $740.44 $165.00 $660.00 $178.56 $714.24 28 Remove stumps and/or trees EA 1 $915.71 $915.71 $200.00 $200.00 $160.50 $160.50 $165.00 $165.00 $612.56 $612.56 29 Relocate signs/obstructions EA 5 $122.09 $610.45 $50.00 $250.00 $133.75 $668.75 $165.00 $825.00 $106.64 $533.20 30 1" PVC Electrical Conduit (30" deep, structural backfill)LF 50 $12.21 $610.50 $5.00 $250.00 $95.23 $4,761.50 $7.70 $385.00 $10.84 $542.00 31 Bermuda Grass Sod SY 430 $3.86 $1,659.80 $14.50 $6,235.00 $3.14 $1,350.20 $3.35 $1,440.50 $3.14 $1,350.20 SECTION TOTAL Park Place at Texas Avenue 1 Mobilization EA 1 $3,052.36 $3,052.36 $400.00 $400.00 $915.00 $915.00 $5,500.00 $5,500.00 $291.40 $291.40 2 Traffic Control EA 1 $1,220.95 $1,220.95 $500.00 $500.00 $500.00 $500.00 $250.00 $250.00 $101.68 $101.68 3 Stormwater Pollution Prevention Plan EA 1 $621.78 $621.78 $300.00 $300.00 $100.00 $100.00 $0.00 $0.00 $69.44 $69.44 7 Concrete Sidewalk SF 117 $5.46 $638.82 $17.10 $2,000.70 $2.70 $315.90 $4.95 $579.15 $4.30 $503.10 10 TxDOT Type C1 Curb (H=0 to 24”) w/masonry fascia LF 40 $97.68 $3,907.20 $45.00 $1,800.00 $26.32 $1,052.80 $57.20 $2,288.00 $31.00 $1,240.00 11 Dowel to existing sidewalk or driveway EA 2 $61.05 $122.10 $75.00 $150.00 $111.28 $222.56 $38.50 $77.00 $11.97 $23.94 12 Saw cut existing concrete LF 8 $6.10 $48.80 $10.00 $80.00 $3.75 $30.00 $2.75 $22.00 $9.73 $77.84 21 Repair & repaint existing handrail LF 1 $85.71 $85.71 $800.00 $800.00 $7.79 $7.79 $1,128.00 $1,128.00 $1,240.00 $1,240.00 24 Adjust water valve box EA 1 $183.14 $183.14 $75.00 $75.00 $56.18 $56.18 $165.00 $165.00 $145.08 $145.08 29 Relocate signs/obstructions EA 1 $122.09 $122.09 $75.00 $75.00 $133.75 $133.75 $165.00 $165.00 $106.64 $106.64 31 Bermuda Grass Sod SY 10 $4.00 $40.00 $10.00 $100.00 $3.14 $31.40 $3.35 $33.50 $3.14 $31.40 SECTION TOTAL $69,434.66 $10,207.65 $71,131.43 $3,830.52 $73,861.95 $6,280.70 $59,542.24 $3,365.38 $82,537.59 $10,042.95 City of College Station - Purchasing Division Bid Tabulation for #14-048 "2014 CDBG Neighborhood Sidewalk Project" Open Date: Thursday, April 4, 2014 @ 2:00 p.m. RNL Homebuilders, LLCMarek Brothers Construction, Inc.VOX Construction, LLCPalomares Construction, IncDudley Construction, LTD Westridge & San Pedro 1 Mobilization EA 1 $3,052.36 $3,052.36 $12,000.00 $12,000.00 $23,083.00 $23,083.00 $5,500.00 $5,500.00 $11,406.08 $11,406.08 2 Traffic Control EA 1 $122.09 $122.09 $2,500.00 $2,500.00 $750.00 $750.00 $250.00 $250.00 $3,629.48 $3,629.48 3 Stormwater Pollution Prevention Plan EA 1 $610.47 $610.47 $700.00 $700.00 $500.00 $500.00 $0.00 $0.00 $954.80 $954.80 5 Remove Existing Concrete (all flatwork)SF 11417 $1.22 $13,928.74 $2.75 $31,396.75 $5.35 $61,080.95 $2.75 $31,396.75 $3.19 $36,420.23 7 Concrete Sidewalk SF 8891 $5.40 $48,011.40 $4.85 $43,121.35 $2.70 $24,005.70 $4.95 $44,010.45 $4.30 $38,231.30 8 Concrete Pavement (5" driveway w/monolithic curb)SF 5752 $9.14 $52,573.28 $6.00 $34,512.00 $2.84 $16,335.68 $5.28 $30,370.56 $5.59 $32,153.68 9 Ambulatory Ramp (all types)EA 8 $396.81 $3,174.48 $500.00 $4,000.00 $417.01 $3,336.08 $495.00 $3,960.00 $609.08 $4,872.64 11 Dowel to existing sidewalk or driveway EA 12 $61.05 $732.60 $80.00 $960.00 $111.28 $1,335.36 $38.50 $462.00 $11.97 $143.64 12 Saw cut existing concrete LF 450 $6.10 $2,745.00 $3.00 $1,350.00 $3.75 $1,687.50 $2.75 $1,237.50 $9.75 $4,387.50 13 Sidewalk drain EA 1 $6,104.00 $6,104.00 $600.00 $600.00 $1,265.81 $1,265.81 $385.00 $385.00 $3,238.86 $3,238.86 17 Remove exisitng headwall strucuture (West Ridge)LS 1 $2,500.00 $2,500.00 $800.00 $800.00 $267.50 $267.50 $165.00 $165.00 $0.00 $0.00 24 Adjust water valve box EA 1 $185.00 $185.00 $50.00 $50.00 $56.18 $56.18 $165.00 $165.00 $145.08 $145.08 31 Bermuda Grass Sod SY 450 $4.00 $1,800.00 $14.50 $6,525.00 $3.14 $1,413.00 $3.35 $1,507.50 $3.14 $1,413.00 SECTION TOTAL GRAND TOTAL Bid Certification Addendums Acknowledged Bid Bond Section 3 Certificate ARRA Certification Note: Blue highlighted fields indicate a correction to the bid price using the unit price provided. Y N Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y $119,409.76 $340,326.23 $136,996.29 $356,807.54 $138,515.10 $393,571.50 $135,116.76 $316,498.06 $135,539.42 $392,489.22 _y6X~~ CONSTRUCTION. LLC 08 April 2014 City of College Station Attn: Kelly Templin 1101 Texas Avenue College Station, Texas 77842 Re: 2014 CDSG Neighborhood Sidewalk Project; Contract No. 14-244 Contract Amount: $256,955.82 Dear Mr. Templin: We request that you send all contract proceeds earned and to be earned under our contract with you directly to our project disbursing administrator, SureTec Information Systems, Inc. at the following address: VoX Construction, LLC C/O SureTec Information Systems, Inc. Attn: Funds Disbursement Dept. 9737 Great Hills Trail, Suite 320 Austin, Texas 78759 (866) 732-0099 Your checks will still be made payable to us. This directive may only be changed by written consent of our surety, SureTec Insurance Company. Your signature below, indicating your agreement to make payment in this manner, is a condition to our Surety's execution of our performance and payment bonds on this project. Thank you for your cooperation in this regard. You may receive a follow up phone call or e-mail from Sure T ec to confirm these instructions and answer any questions you may have. We are looking forward to a very successful project. cc: SureTec Information Systems, Inc. -Scott Olson Agreement and Acknowledgment: Obligee: City of College Station Sy: ______date Authorized Representative Title--_--__~/--__--­ Phone Number I email address