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HomeMy WebLinkAbout12/10/2015 - Regular Agenda Packet - City CouncilCity Council Regular College Station, TX Meeting Agenda - Final City Hall 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers7:00 PMThursday, December 10, 2015 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation: Presentation by CALEA Accreditation Program Manager, Randy Scott recognizing the City of College Station Police Department for re-accreditation in both Law Enforcement and Communications programs. During this assessment, the Department was also awarded Accreditation with Excellence in both programs. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2.Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: · November 23, 2015 Workshop · November 23, 2015 Regular Meeting 15-07152a. Sponsors:Mashburn WKSHP112315 DRAFT Minutes.docx RM112315 DRAFT Minutes.docx Attachments: Presentation, possible action, and discussion regarding a participation agreement with Oldham Goodwin Group, LLC to increase the capacity of the Creek Meadows Sewage Lift Station to 14-4982b. Page 1 College Station, TX Printed on 12/7/2015 December 10, 2015City Council Regular Meeting Agenda - Final serve the recently annexed Wellborn area. The Agreement includes three phases of improvements, with a total City participation of $216,350. Sponsors:Coleman Participation Agreement.pdf Contractors Insurance.pdf Attachments: Presentation, possible action, and discussion on an agreement with TASER International to purchase Tasers, holsters, cartridges, battery packs, Taser Assurance Plans, and assorted Taser equipment for $128,842.23 . 15-06512c. Sponsors:Couch 151105112902_0001.pdfAttachments: Presentation, possible action, and discussion on the Remotec, Inc . service agreement for a system upgrade for the Police Department's bomb robot for $87,482. 15-06552d. Sponsors:Norris Remotec Agreement and Quote.pdfAttachments: Presentation, possible action, and discussion on the purchase of five (5) Police motorcycles from Independence Harley Davidson (College Station, TX) for the amount of $98,325 plus an additional one year extended warranty for $4,835 and the trade in of five (5) existing 2010 Harley Davidson Road King motorcycles for $40,000. (Bid No. 16-018) 15-06952e. Sponsors:Norris 16-018 Tab.pdfAttachments: Presentation, possible action, and discussion on approving the Affordable Care Act mandated Transitional Reinsurance Fee due on January 15, 2016. The amount for this expenditures is $62,832. 15-06992f. Sponsors:Pond 2015 ACA Fees (McGriff).pdfAttachments: Presentation, possible action, and discussion on approving projected January 1, 2016 through December 31, 2016 employee benefit expenditures and employee benefit provider agreement renewals for $9,099,007 and presentation, possible action, and discussion on approving a resolution authorizing the City Manager to execute and approve all required contracts and subsequent expenditures related to employee benefits agreements, and presentation, possible action, and discussion on rejecting RFP 15-07002g. Page 2 College Station, TX Printed on 12/7/2015 December 10, 2015City Council Regular Meeting Agenda - Final 16-017 for stop loss reinsurance. Sponsors:Pond 2016 COCS Stop-Loss Recommendation.pdf 2016 Benefits Resolution.docx Exhibit A to the FY16 Benefits Resolution.pdf Attachments: Presentation, possible action, and discussion regarding award of contract #16300090 with MK Painting, Inc. to recoat the interior of the Park Place Water Tower, at a total cost of $305,000. 15-07022h. Sponsors:Coleman Bid Tab.pdf Contract Attachments: Presentation, possible action, and discussion regarding Contract 14-408 with Pipe Works Constructors on approving Change Order #1 deleting Carters Creek Blowers 4&5 for a reduction of $336,324.35. 15-07032i. Sponsors:Coleman Change Order form.pdfAttachments: Presentation, possible action, and discussion of the General Services Agreement Renewal with Emergicon providing ambulance billing, accounts receivable and delinquent account collection services not exceed $120,000. This is the second renewal of four possible renewals. 15-07142j. Sponsors:Kersten Contract 13-045 Signed Emergicon - Ambulance Billing.pdfAttachments: Presentation, possible action, and discussion regarding an amendment to the Building Use Agreement between the City of College Station and the Arts Council of Brazos located at 2275 Dartmouth Drive. 15-07162k. Sponsors:Kersten Amendment No.1.pdfAttachments: Presentation, possible action, and discussion regarding a Payment Processing Inc. (PPI) Service Contract Renewal for Electronic Credit Card Processing and Merchant Account Services with estimated banking fees and services charges not to exceed $750,000 annually. 15-07172l. Sponsors:Kersten 2015Nov - City of College Station - Credit Card Processing Services Rene....pdfAttachments: Page 3 College Station, TX Printed on 12/7/2015 December 10, 2015City Council Regular Meeting Agenda - Final Presentation, possible action, and discussion on a contract between the City of College Station and Housley Communications for installation of fiber optic cable in the amount of $ 96,027.80. 15-07222m. Sponsors:Roper Housely Communications Contract.pdfAttachments: Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for new transportation projects that were included in the FY16 Capital Improvements Program Budget. 15-07252n. Sponsors:Kersten Resolution FY16 CO Transportation Projects DRR.pdfAttachments: Presentation, possible action, and discussion regarding the approval of four Master Agreements for Real Estate Appraisal Services: Atrium Real Estate Services (Contract No. 16300131); CBRE, Inc. (Contract No. 16300132); Integra Realty Resources - Austin (Contract No. 16300133); S.T. Lovett & Associates (Contract No. 16300134). Approval of these agreements will authorize the City Manager or his delegate to approve Service Orders for each project within the terms of each Master Agreement. Each agreement will have a not to exceed amount of $30,000 and the option to renew the contract for up to two (2) additional one (1) year terms (total of three (3) years). 15-07292o. Sponsors:Harmon Presentation, possible action, and discussion regarding the approval of a construction contract (No. 16300081) with Palomares Construction, Inc., in the amount of $141,456 for the construction of sidewalk improvements along Guadalupe Drive. 15-07302p. Sponsors:Harmon 16-019 Tab.pdf Location Map.pdf Attachments: Presentation, possible action, and discussion regarding the approval of a professional services contract (No.16300143) with Kimley-Horn and Associates, Inc., in the amount of $469,600 for detailed design and construction phase services for the Eastgate Rehabilitation Phase IV Project and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. 15-07312q. Sponsors:Harmon Page 4 College Station, TX Printed on 12/7/2015 December 10, 2015City Council Regular Meeting Agenda - Final Eastgate Phase IV Rehab Project Location Map.pdf Eastgate DRR.pdf Attachments: Presentation, possible action, and discussion on an ordinance 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 northwest side of Church Avenue beginning 40 feet southwest of First Street and ending 95 feet northeast of Wellborn Road North. 15-07342r. Sponsors:Eller CH 10 Sec 4G Church St Parking .docx Church Street Map.pdf Attachments: Presentation, possible action, and discussion on amending Chapter 4 “Business Regulations” of the Code of Ordinances by adding Section 23 “Transportation Network Companies”. 15-07352s. Sponsors:Nettles CH 4 Bus Reg Sec 23 TNC 12-3-15 Last Final.docxAttachments: Presentation, possible action, and discussion regarding adoption of the 2016 Annual Council Calendar. 15-07362t. Sponsors:Mashburn 2016 Council Meeting Calendar.doc 2016 Council Meetings and Holidays-Year at a glance 3.pdf Attachments: Presentation, possible action, and discussion of a resolution formalizing the position of Student Liaison to the City Council; an declaring an effective date. 15-07212u. Sponsors:Mashburn RESOLUTION NO.docxAttachments: Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the Page 5 College Station, TX Printed on 12/7/2015 December 10, 2015City Council Regular Meeting Agenda - Final record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning two public utility easements located at 600 First Street: a 10-foot wide, 0.05 acre public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas and a 10-foot wide, 0.06 acre public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas. 15-07321. Sponsors:Bridges Vicinity Map Location Map Ordinance Exhibit A Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance 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 PDD Planned Development District to PDD Planned Development District to amend the concept plan and the proposed uses for approximately 4.56 acres being Lot 1 Block 11 of the Barron Crossing Subdivision, generally located at 410 William D. Fitch Parkway, more generally located south of William D. Fitch Parkway between Barron Road and Victoria Avenue. Case #REZ2015-000023 15-07242. Sponsors:Bombek Aerial and Small Area Map Background Information Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of 15-07233. Page 6 College Station, TX Printed on 12/7/2015 December 10, 2015City Council Regular Meeting Agenda - Final the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from CI Commercial Industrial to GC General Commercial for approximately 0.964 acres being Lot 3, Block 19 of the Ponderosa Place Subdivision Phase 1, generally located at 3702 State Highway 6 South, more generally located west of State Highway 6 South and between Ponderosa Drive and Pinon Drive. Case # REZ2015-000029 Sponsors:Bombek Aerial and Small Area Map Background Information Ordinance Attachments: Public Hearing, presentation, possible action, and discussion on an ordinance amending Chapter 3, “Building Regulations” of the Code of Ordinances of the City of College Station, Texas, adopting the 2015 International Building Code, the 2014 National Electrical Code (NEC), and related amendments. 15-07094. Sponsors:Binford Summary of changes Ordinance Attachments: Public Hearing, presentation, possible action, and discussion on an ordinance amending Chapter 6, “Fire Protection”, of the Code of Ordinances of the City of College Station, Texas, adopting the 2015 International Fire Code, the 2015 NFPA Life Safety Code, and related amendments. 15-07105. Sponsors:Dotson OrdinanceAttachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, “Unified Development Ordinance,” Article 8 “Subdivision Design and Improvements,” Section 8.8 “Requirements for Park Land Dedication,” Appendix I “Park Land Dedication and Development Fees” of the Code of Ordinances of the City of College Station, Texas, regarding multi-family parkland dedication. 15-07186. Sponsors:Prochazka Redlined Appendix I Ordinance.docx Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the College Station Comprehensive Plan by Amending Chapter 6 "Transportation" and 15-07337. Page 7 College Station, TX Printed on 12/7/2015 December 10, 2015City Council Regular Meeting Agenda - Final certain maps within the "Bicycle, Pedestrian, and Greenways Master Plan" updating and streamlining information relating to transportation. ORD Thoroughfare amend FINAL.docx EXHIBIT B-1.pdf EXHIBIT B-2.pdf EXHIBIT B-3.pdf Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the College Station Comprehensive Plan by amending text in Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities,” addressing certain updates and housekeeping items based on recommendations in the Comprehensive Plan Five -Year Evaluation and Appraisal Report completed in 2014. 15-07198. Sponsors:Prochazka Summary of Proposed Changes Ordinance.docx Exhibit B Attachments: Public Hearing, presentation, possible action, and discussion regarding four ordinances amending the College Station Comprehensive Plan by amending the Comprehensive Plan Future Land Use & Character Map in the following four general locations : (A) approximately 40 acres generally located east of FM 2154 (Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (William D. Fitch Parkway), and north of Westminster Subdivision, from Estate and Suburban Commercial to General Suburban and Suburban Commercial; (B ) approximately 120 acres generally located south of Barron Cut -Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community, from Restricted Suburban to General Suburban; (C) approximately 900 acres generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road, from Estate to Restricted Suburban; (E) approximately 7 1/2 acres generally located at the northwest corner of State Highway 6 and Nantucket Drive, from Restricted Suburban to Suburban Commercial. 15-07209. Sponsors:Prochazka Page 8 College Station, TX Printed on 12/7/2015 December 10, 2015City Council Regular Meeting Agenda - Final Land Use Assessments report Ordinance - Area A Ordinance - Area B Ordniance - Area C Ordinance - Area E Attachments: 10. 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. APPROVED _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on December 4, 2015 at 5:00 p.m. _____________________ City Secretary This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3541 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19. Page 9 College Station, TX Printed on 12/7/2015 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0715 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion of minutes for: ·November 23, 2015 Workshop ·November 23, 2015 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP112315 DRAFT Minutes.pdf RM112315 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ·November 23, 2015 Workshop ·November 23, 2015 Regular Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: ·November 23, 2015 Workshop ·November 23, 2015 Regular Meeting College Station, TX Printed on 12/7/2015Page 1 of 1 powered by Legistar™ WKSHP112315Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION NOVEMBER 23, 2015 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: TAMU Student Liaison Blanche Brick Wayne Beckermann, VP/Municipal Affairs Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 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 3:03 p.m. on Monday, November 23, 2015 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.074-Personnel, §551.086-Copetitive Matters, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 3:05 p.m. on Monday, November 23, 2015 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  Bobby Trant v. BVSWMA, Inc., Cause No. 33014, In the District Court, Grimes County, Texas, 12th Judicial District WKSHP112315Minutes Page 2  Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District Court of Brazos County, Texas  City of College Station, Texas, v. Embrace Brazos Valley, Inc., Cause No. 15-000804- CV-85, In the 85th Judicial District Court, Brazos County, Texas. B. Consultation with Attorney to seek legal advice; to wit:  Legal advice regarding acquisition of property located generally northwest of the intersection of Rock Prairie Road and State Highway 6. C. Deliberation on the appointment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Attorney  City Secretary  Council Self Evaluation  City Manager D. Deliberation on a competitive matter as defined in Gov’t Code Section 552.133; to wit:  Power Supply E. Deliberation on commercial or financial information from a business prospect that the City Council seeks to have locate, stay or expand in or near the city; to wit:  Economic incentives for a proposed development located generally near the intersection of Harvey Mitchell Parkway South and Dartmouth Street in College Station. The Executive Session adjourned at 5:35 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action, and discussion on the election of Mayor Pro Tempore. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to appoint John Nichols as Mayor Pro Tempore. The motion carried unanimously. 5. Presentation, possible action, and discussion on items listed on the consent agenda. No items were pulled for clarification. 6. Presentation, possible action, and discussion pertaining to an overview of the Computer Aided Dispatch and Records Management Project Scott McCollum, Police Chief, reported that the current system was implemented in 1990, with an upgrade and system expansion in 2003. He provided an overview of the current system’s limitations, organizational needs, and the selection process for the vendor and their system’s WKSHP112315Minutes Page 3 capabilities. Funding for this project is included in the Capital Improvement Plan Budget, CAD/RMS System Replacement Project. Annual maintenance, starting with Year Two will be budgeted and funded in the IT Department Operational Budget. 7. Presentation, possible action, and discussion relating to an ordinance to regulate Transportation Network Companies in College Station. Aubrey Nettles, Special Projects Coordinator, stated that transportation network companies have been operating in College Station for several months. Currently, transportation network companies are not regulated by ordinance. The state legislature passed insurance regulations for transportation network companies during 84th legislative session. UBER is the transportation network company currently operating in College Station. She reported that staff believes we should add regulations for transportation network companies to the Code of Ordinances, and she presented several key components of the draft ordinance. She anticipates bringing the ordinance before Council for consideration at the December 10 Council meeting. Ken Henson, representing the taxi companies, expressed his appreciation for staff’s efforts in developing this transportation network company ordinance. Jacob Yemme, 2903 Second Street, #201A, Bryan, stated that taxi drivers needed a level playing field with UBER. Sarfraz Meridia, representing UBER, expressed his appreciation to staff and stated his concern regarding misdemeanors. 8. Council Calendar Council reviewed the calendar. 9. 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 Mooney requested a workshop item regarding partnering with TAMU for the development of a program that encourages students to be more aware of their surroundings. 10. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Annexation Task Force, 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, WKSHP112315Minutes Page 4 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, Sister Cities Association, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of Adjustments, Councilmember Benham updated Council on bandwidth and the technology committee. Councilmember Nichols reported on the CVB. Councilmember Brick reported on the CVB and the transportation committee. Councilmember Mooney reported on the audit committee and BVSWMA. Councilmember Aldrich reported on the arts, council and chamber of commerce. 11. Adjournment There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:12 p.m. on Monday, November 23, 2015. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM112315 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION NOVEMBER 23, 2015 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: TAMU Student Liaison Kelly Templin, City Manager Wayne Beckermann, VP/Municipal Affairs Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 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 7:22 p.m. on Monday, November 23, 2015 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. Hear Visitors Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Gunnery Sgt. Phillip A. Jordan. Wayne Beckermann, 2404 Jaguar Ct., Bryan, expressed his appreciation for staff’s communications. He updated the Council on the Save our AG bill to address student safety. CONSENT AGENDA RM112315 Minutes Page 2 2a. Presentation, possible action, and discussion of minutes for:  November 12, 2015 Workshop  November 12, 2015 Regular Meeting 2b. Presentation, possible action, and discussion regarding the approval of a contract between the City of College Station and McCord Engineering not to exceed the amount of $95,000 for the purpose of providing electric distribution overhead and underground phase identification. 2c. Presentation, possible action, and discussion regarding renewal of a purchase agreement with the Reynolds Company for Rockwell Automation SCADA products and services not to exceed $150,000. 2d. Presentation, possible action, and discussion on three contracts between the City of College Station and TriTech Software Systems.: a “System Purchase Agreement” ($1,674,674.34), for the software licenses and implementation services; a “Software Support Agreement” (1st Year Recurring Fees: $23,194.56, with first year Maintenance Fees included in contract, 2nd year Maintenance Fees $176,853.49), and a “Subscription Service, License & Use Agreement TriTech.com IQ” (1st Year Recurring Fees: $14,085) and Resolution 11-23-15-2d, authorizing the City Manager to approve contract documents and expenditures related to the TriTech Software Solutions contracts. 2e. Presentation, possible action, and discussion on a bid award for the annual purchase of pad-mounted 15 kV solid dielectric switchgears, which will be maintained in electrical inventory and expended as needed. Techline, Inc. is being recommended the award for a total not to exceed amount of $490,895. 2f. Presentation, possible action, and discussion on a bid award for the purchase of electric substation materials, which will be maintained in electrical inventory and expended as needed. The total recommended award is $498,836 and will be awarded by line item to the lowest responsible bidder. 2g. Presentation, possible action, and discussion regarding renewal of contract #15-036B to Brazos Paving, Inc. in an amount not to exceed $907,200 for concrete curb, gutter and flatwork installation to maintain City infrastructure. 2h. Presentation, possible action, and discussion to ratify an increase in expenditure amount for City solid waste disposal fees to the Brazos Valley Solid Waste Management Agency, Inc., in the amount of $65,000 for a total not to exceed amount of $1,709,150 for fiscal year 2015. 2i. Presentation, possible action, and discussion on the renewal of Contract No. 14-017 (ITB 14-006) for annual pavement markings and striping of roadways in an amount not to exceed $180,000. 2j. Presentation, possible action, and discussion of a maintenance agreement with Westnet, Inc., for support services associated with the City's fire station alerting system in the RM112315 Minutes Page 3 amount of $58,234.54. Subsequent twelve month terms of this auto-renewing agreement will incur a cost of $49,915.36. 2k. Presentation, possible action, and discussion on a renewal for the Consulting Contract with First Southwest Company for financial advisory services not to exceed $150,000. 2l. Presentation, possible action, and discussion on Resolution 11-23-15-2l, amending the authorized representatives on the local government pool account, TexPool. 2m. Presentation, possible action, and discussion on Resolution 11-23-15-2m, amending the authorized representatives on the local government pool account, Texas Short Term Asset Reserve (“TexSTAR”). 2n. Presentation, possible action, and discussion regarding approval of Contract No. 16300001 (ITB 16-003) between the City of College Station and JNA Painting and Contracting Co., Inc. in an amount not to exceed $57,931. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, 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 2015- 3718, 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 to remove the OV Corridor Overlay for a portion of the approximately 2.83 acres being Lot 1, Block 2, of the Spring Creek Commons Phases 4 & 5 Subdivision, according to the plat recorded in Volume 9287, Pages 128-129 of the Official Public Records of Brazos County, Texas, located at 1181 William D. Fitch Parkway, more generally located north of the intersection of William D. Fitch Parkway and Lakeway Drive. Laura Walker, Planning and Development, stated the applicant has requested the proposed amendment to remove the Corridor Overlay zoning from the property as a step toward developing a small animal clinic on approximately 2.83 acres located north of the intersection of William D. Fitch Parkway and Lakeway Drive. The Planning and Zoning Commission considered this item at their November 5 meeting and voted unanimously to recommend approval. Staff also recommends approval. At approximately 7:41 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:41 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015- 3718, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official RM112315 Minutes Page 4 Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries to remove the OV Corridor Overlay for a portion of the approximately 2.83 acres being Lot 1, Block 2, of the Spring Creek Commons Phases 4 & 5 Subdivision, according to the plat recorded in Volume 9287, Pages 128-129 of the Official Public Records of Brazos County, Texas, located at 1181 William D. Fitch Parkwa y, more generally located north of the intersection of William D. Fitch Parkway and Lakeway Drive. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3719, 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 MF Multi-Family for approximately 14.613 acres of land located in the Crawford Burnett League A-7 Survey, College Station, Brazos County, Texas, being Lots 4-10 of the German Acres Subdivision, according to the plat recorded in Volume 2393, Page 91 of the Official Public Records of Brazos County, Texas, generally located at 3120 Holleman Drive South, more generally located south of Cain Road between Holleman Drive South and Old Wellborn Road. Councilmember Schultz recused herself from this item. Laura Walker, Planning and Development, stated the applicant has requested the proposed amendment to rezone the property to Multi-family as a step toward developing multi-family uses on approximately 14.613 acres located south of Cain Road between Holleman Drive South and Old Wellborn Road. The Planning and Zoning Commission considered this item at their November 5 meeting and voted unanimously to recommended approval with the condition that a left-turn lane be provided by the developer on southbound Holleman Drive South to Cain Road when the first access connection is made to Cain Road. Staff also recommends approval of the rezoning request with this condition. At approximately 7:58 p.m., Mayor Berry opened the Public Hearing. Ken Tripp, 1393 Seamist Lane, expressed his concern about traffic increase and potential flooding issues along old Wellborn Road. Heath Phillips, 17195 LaPosada, addressed options for students to exit the property. Joe Schultz, Schultz Engineering, clarified that the development would be multi-family or townhomes. He also noted that Cain Road is a public road. There being no further comments, the Public Hearing was closed at 8:12 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz abstaining, to adopt Ordinance 2015-3719, 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 MF Multi - RM112315 Minutes Page 5 Family for approximately 14.613 acres of land located in the Crawford Burnett League A -7 Survey, College Station, Brazos County, Texas, being Lots 4-10 of the German Acres Subdivision, according to the plat recorded in Volume 2393, Page 91 of the Official Public Records of Brazos County, Texas, generally located at 3120 Holleman Drive South, more generally located south of Cain Road between Holleman Drive South and Old Wellborn Road, including the condition as recommended by P&Z and staff that the left turn lane from Holleman south onto Cain Road east be built by the developer before or when the connections to Cain Road are made. The motion carried. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3720, amending Chapter 12, “Unified Development Ordinance”, Section 12-5.8.B, “Northgate Districts”, of the City of College Station Code of Ordinances regarding the placement of street trees, location of sidewalks, and the screening requirements for electrical service equipment in Northgate. Lance Simms, Director of Planning and Development, noted the proposed amendments are staff- initiated in response to concerns raised from Public Works, College Station Utilities, and the Fire Department. This ordinance provides flexibility regarding the following requirements in Northgate:  Spacing and placement of street trees to prevent conflicts with sight distances at street Intersections;  Spacing and placement of street trees to ensure unobstructed views of traffic control devices;  Spacing and placement of street trees to ensure adequate Fire Department access;  Flexibility on the location of sidewalks along Wellborn Road and South College Avenue to address public safety concerns; and  Screening requirements for transformers, electrical panels, and related service equipment to prevent conflicts with safe working clearances. The Planning & Zoning Commission considered this item at their November 5 meeting and voted 4-0 to recommend approval. Staff also recommends approval of the ordinance. At approximately 8:19 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:19 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 2015- 3720, amending Chapter 12, “Unified Development Ordinance”, Section 12-5.8.B, “Northgate Districts”, of the City of College Station Code of Ordinances regarding the placement of street trees, location of sidewalks, and the screening requirements for electrical service equipment in Northgate. The motion carried unanimously. 4. Presentation, possible action, and discussion regarding the appointment of Councilmembers to boards and commissions, specifically the Economic Development Committee. Councilmember Schultz will continue on the Economic Development Committee. RM112315 Minutes Page 6 5. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:23 p.m. on Monday, November 23, 2015. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:114-498 Name:Participation Agreement for Creek Meadows Lift Station Status:Type:Contract Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding a participation agreement with Oldham Goodwin Group, LLC to increase the capacity of the Creek Meadows Sewage Lift Station to serve the recently annexed Wellborn area. The Agreement includes three phases of improvements, with a total City participation of $216,350. Sponsors:David Coleman Indexes: Code sections: Attachments:Participation Agreement.pdf Contractors Insurance.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a participation agreement with Oldham Goodwin Group, LLC to increase the capacity of the Creek Meadows Sewage Lift Station to serve the recently annexed Wellborn area. The Agreement includes three phases of improvements, with a total City participation of $216,350. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation:Staff recommends approval of this participation agreement. Summary: In 2006, the developer of Creek Meadows constructed a sewage lift station, located near Greens Prairie Trail and Royder Road, to serve the initial phases of the development. Today, the flow into the lift station is nearing its initial capacity and will need improvements to increase the capacity. The current developer, Oldham Goodwin, is planning to make the necessary improvements to provide enough capacity to serve the build-out of the Creek Meadows development. In April 2011, City Council approved the annexation of the Wellborn area which included providing sewer service to a portion the area. The service plan included a gravity sewer line along Live Oak and Royder Road, terminating into the Creek Meadows lift station. City staff has calculated the potential sewer flow from the area this new sewer line will serve, and has negotiated an agreement with Oldham Goodwin to combine the improvement projects and share the cost. If approved, this participation agreement will ensure that the adequate sewer system capacity will exist for the Wellborn area properties that are served by the new sewer line. Combining the improvement projects with the Oldham Goodwin is the most efficient and cost effective method to College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:14-498,Version:1 make the necessary improvements, and staff recommends approval. Budget & Financial Summary:Funds in the amount of $216,350 will be included in the FY14 & FY15 Wastewater Capital Improvement Projects Oversized Participation budget for the execution of this agreement. It is anticipated that a total of $88,100 will be expended in FY14 for phases 1 and 2 and $128,250 will be expended in FY15 for phase 3. Reviewed and Approved by Legal:Yes Attachment: Participation agreement College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0651 Name:TASER Purchase Agreement Status:Type:Contract Consent Agenda File created:In control:10/29/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion on an agreement with TASER International to purchase Tasers, holsters, cartridges, battery packs, Taser Assurance Plans, and assorted Taser equipment for $128,842.23 . Sponsors:Billy Couch Indexes: Code sections: Attachments:151105112902_0001.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an agreement with TASER International to purchase Tasers, holsters, cartridges, battery packs, Taser Assurance Plans, and assorted Taser equipment for $128,842.23 . ·Financially Sustainable City ·Core Services and Infrastructure Recommendation(s): Staff recommends council approval. Summary: The Police department has incrementally issued TASER devices to our officers for the past several years. Tasers have proven to be life saving pieces of equipment and our goal is to be able to outfit every uniform officer with the device. The Taser Assurance Plan (TAP) is offered for tasers that allows for the department to make annual payments to Taser for the maintenance of the equipment. After five years, new equipment is issued with no additional cost and the five year cycle begins again. The city must enter into a five year contract with TASER International in order to purchase all of the equipment and TAP agreement. We are seeking to purchase an additional 65 tasers. These 65 Tasers will complete our program with full implementation. Under the agreement with TASER International, we are actually purchasing 65 tasers and TASER International will provide two additional devices for free. Budget & Financial Summary: The initial purchase cost for the 65 TASER devices is $58,496.75. The total upfront cost for the five College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0651,Version:1 year Taser assurance plan is $48,928.75. (Historically, the City has preferred to pay out the five year costs in a lump sum at the introduction of the contract). The total cost for the associated accessories is $21,218.75. The total contract cost including shipping and handling is $128,842.23. This Police Department was funded in FY2016 for the purchase of this necessary equipment. Attachments: Quotes and contracts for 65 TASERS and associated equipment College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0655 Name:Bid Award to Remotec, Inc. Status:Type:Bid Award Consent Agenda File created:In control:11/3/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion on the Remotec, Inc. service agreement for a system upgrade for the Police Department's bomb robot for $87,482. Sponsors:Brandy Norris Indexes: Code sections: Attachments:Remotec Agreement and Quote.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on the Remotec, Inc. service agreement for a system upgrade for the Police Department's bomb robot for $87,482. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff Recommends Council Approval Summary: The Police Department's Bomb Robot is a regional asset used throughout the Brazos Valley in the investigation of suspicious packages, barricaded subjects and potential hostage situations. The robot is not only used as an investigative tool, it is also utilized to render safe any suspicious packages that could be explosive. The robot is in need of an upgrade in order to be able to continue to be utilized. Budget & Financial Summary: A Homeland Security grant has been secured to pay for the upgrade. Emergency Management Coordinator Brian Hilton will be the grant manager. Remotec is a single source provider for this upgrade. Attachments: Copy of quote from Remotec. College Station, TX Printed on 12/7/2015Page 1 of 1 powered by Legistar™ SALES TERMS AND CONDITIONS p. 1 of 2 REV 07 07/13/2015 A. DEFINITIONS “Seller” means REMOTEC, Inc. “Buyer” means the other party to this agreement that is purchasing the goods subject to these terms and conditions. B. ACCEPTANCE/AGREEMENT All orders are subject to factory acceptance. Additional or different terms or any attempt by the Buyer to vary, in any degree, any of the terms of this sales agreement form shall be deemed material and are objected to or rejected, but this sales agreement form shall not operate as a rejection of the Buyer's offer unless it contains variances in the terms of the description, quantity, price or delivery schedule of the goods. C. LIMITED WARRANTY Seller covenants and agrees that the work and equipment delivered under this order shall be free from defects in material and workmanship at the time of delivery. Whenever Seller is acting as a reseller of the products of another manufacturer, provides this warranty solely as a “pass-through” warranty on behalf of the original equipment manufacturer (OEM). Seller will, at its options, repair, correct, or replace (or facilitate such repair, correction or replacement by the OEM), F.O.B. point of manufacture, any such work or equipment which proves to be defective, provided that Seller is given written notice of any such defect no later than one (1) year after delivery (as hereafter defined) by Seller. Seller may at its option, participate in the defect investigation of the work and/or equipment at the installation site and repair, correct or replace the defective item at such site or at its designated facility. Repair correction or replacement in the manner provided above shall constitute fulfillment of all Seller's obligations under this assurance. Such assurance shall not apply to design or to any equipment or parts which have been subjected to accident, misuse or unauthorized alteration, to normal wear (which includes components with innately limited life), or to defects caused by not complying with Seller's installation and service requirements (if the failed equipment or parts were not installed by Seller). This assurance shall apply to and include the correction of Technical Data pertinent to defective work and equipment to the extent delineated hereinabove, but in no event to include computer software. If the repair, correction or replacement of work, or equipment is not within the scope of this clause, then Seller shall require a separate purchase order from the Buyer to cover its product support requirements. The warranty provided by Seller herein is exclusively limited to the products manufactured by Seller, specifically the REMOTEC® ANDROS Robot. Warranties associated with all other products are exclusively and expressly limited to those warranties provided by the manufacturers of such products which are by their terms available to Seller's customers. The installation or use of any third party accessory, assembly, radio and or tool not tested and approved by Seller for use on Seller products will cause the warranty on the said unit to be voided. THE FOREGOING COVENANTS ARE EXCLUSIVE AND ARE IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS, STATUTORY OR IMPLIED. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. D. CANCELLATION/TERMINATION The Buyer may terminate this order in whole or in part for its convenience upon written notice to Seller in which event Seller shall be entitled to termination charges consisting of a percentage of the order price reflecting the percentage of the work performed prior to termination plus actual direct costs resulting from termination. E. PROPRIETARY INFORMATION All drawings, diagrams, specifications, and other materials furnished by Seller and identified as proprietary, relating to the use and service of articles furnished hereunder and the information therein, are proprietary to Seller (or in cases where Seller is acting as a reseller, such information is proprietary to the OEM). Buyer may not reproduce or distribute such materials except to Buyer's employees who may use the articles as part of their duties. Seller will treat drawings, specifications, or data furnished by Buyer as proprietary, when identified as such, in connection with this purchase. F. DELIVERY/ACCEPTANCE The promised delivery date is the best estimate possible based upon current and anticipated manufacturing capabilities of when the product will be shipped. Seller assumes no liability for loss, damage, or consequential damages due to delay. Acceptance shall take place, and title shall pass to Buyer, at Buyer's loading dock. Shipment shall be F.O.B. Destination, Buyer's loading dock. G. CLAIMS/NOTICE OF DEFECTS Failure of the Buyer to object in writing to any merchandise, material or work within 30 days after receipt thereof will constitute complete acceptance by Buyer of such merchandise material or work. Rejected merchandise, material or work must be returned to Seller, F.O.B. Origin, within 45 days after receipt and with prior authorization from Seller. Seller may (at its option) recondition or replace the rejected merchandise, material or work to meet Buyer's specifications within a reasonable time period after receipt. Claims for shipping damage must be made with the carrier. H. FORCE MAJEURE Fulfillment of this order is contingent upon the availability of materials. Seller shall not be liable for any delay in delivery or for non-delivery in whole or in part caused by the occurrence of any contingency beyond the control of either Seller or suppliers to Seller including but not limited to war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any Government or agency or subdivision thereof, judicial action, labor dispute, fire, accident, explosion, epidemic, quarantine, restrictions, storm, flood, earthquake, acts of God, shortage of labor, fuel, raw material or machinery, or technical failure where Seller has exercised ordinary care in the prevention thereof. I. PAYMENT TERMS Domestic: Buyer will pay Seller’s invoice within 30 days after receipt and acceptance of the merchandise, materials and work according to the Texas Prompt Payment Act. . SALES TERMS AND CONDITIONS p. 2 of 2 REV 07 07/13/2015 J. REMEDIES IN THE EVENT OF CANCELLATION OR DEFAULT In the event the Buyer cancels this order, or becomes overdue on its account payable to Seller by failing to pay for this order when due in accordance with the terms hereof, in addition to the charges assessed to the Buyer pursuant to Paragraphs D of this Agreement, the Buyer shall be required to pay all costs of collection, including, whether suit be brought or not, attorney fees, court costs, collection expenses, and other expenses which Seller may incur or pay in the prosecution of defense of its rights hereunder, whether in judicial proceedings at law or in equity, including bankruptcy court and appellate proceedings, or whether out of court. K. GENERAL PROVISIONS Any cause of action arising from this agreement, or breach of it, must be commenced after the cause of action occurs within the statute of limitations period allowed under applicable law. Seller reserves the right to correct any stenographical or clerical errors in any of the writings issued by it. The terms and conditions of sale and any description on the face of Seller's writings constitute a complete and exclusive statement of the terms and conditions of the sale of the goods by Seller to Buyer. Buyer may not assign any rights to, or delegate any performance owed under the agreement without the written consent of Seller. L. LIMITATION OF LIABILITY Notwithstanding any contrary provision contained in this or any other Agreement, Seller shall not be responsible to Buyer for any indirect, incidental, special or consequential damages of whatsoever nature, or for attorney's fees, loss of use, loss of market share, or lost profits however these are characterized.. M. COMPLIANCE W ITH LAW Buyer agrees to comply with all applicable U.S. Government, state, and local statutes, laws, and regulations, including without limitation the Arms Export Control Act, Foreign Corrupt Practices Act, Federal Aviation Administration (FAA) regulations on the use and operation of Unmanned Aircraft Systems (UASs), and all applicable export regulations, and hereby agrees to indemnify and hold harmless Seller from any and all liability, loss, or damage caused by Buyers' violation of any such statutes, laws, or regulations. N. INDEPENDENT CONTRACTOR Under the provisions of this Agreement, the parties shall act solely as independent contractors, and nothing contained herein, express or implies, shall at any time be construed to create any other relationship. O. APPLICABLE LAW This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas. P. SHIPPING POINT All goods are shipped FOB College Station, Texas, 77842, United States of America. Q. PRODUCT OPERATION Buyer shall be solely responsible for the proper use of all products, shall comply with all applicable laws and regulations in its operations per Paragraph M above, shall strictly adhere to the instructions in all applicable operation and maintenance manuals, and shall properly train its operators in the safe use of all products. R. INSURANCE AND INDEMNIFICATION FOR USE Buyer is a self-insured government organization. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0695 Name:Bid Award for five (5) 2016 Harley Davidson Motorcycles Status:Type:Bid Award Consent Agenda File created:In control:11/18/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion on the purchase of five (5) Police motorcycles from Independence Harley Davidson (College Station, TX) for the amount of $98,325 plus an additional one year extended warranty for $4,835 and the trade in of five (5) existing 2010 Harley Davidson Road King motorcycles for $40,000. (Bid No. 16-018) Sponsors:Brandy Norris Indexes: Code sections: Attachments:16-018 Tab.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on the purchase of five (5) Police motorcycles from Independence Harley Davidson (College Station, TX) for the amount of $98,325 plus an additional one year extended warranty for $4,835 and the trade in of five (5) existing 2010 Harley Davidson Road King motorcycles for $40,000. (Bid No. 16-018) Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): Recommend award to the lowest, responsible bidder meeting specifications, Independence Harley Davidson of College Station and acceptance of the trade offer on the retired 2010 motorcycles. Summary: This purchase is will replace five motorycles that are currently in the fleet which were purchased on a three year-cycle. We only received one bid from Independence Harley Davidson. Independence Harley Davidson of College Station performs all mechanical maintenance at their local dealership and will also accept our current 2010 motorcycles for trade, greatly reducing staff's time and costs associated with selling these motorcycles through a municipal or private auction company. Budget & Financial Summary: The total amount of $98,325 includes five (5) 2016 motorcycles and costs associated with: the installation of City-owned equipment, the provision and installation of Harley Davidson equipment and an optional one-year extended warranty. As part of the bid, Independence Harley Davidson of College Station has agreed to $8,000 trade in-allowance for each 2010 motorcycle for a total of $40,000. College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0695,Version:1 Attachments: 1. Bid Tabulation Sheet College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #16-018 "Purchase of Five (5) Police Motorcycles" Open Date: Thursday, November 12, 2015 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 1 5 EA 2016 Harley Davidson Road King Motorcycle or Equal $16,405.00 $82,025.00 2 5 EA Cost to install City-owned equipment $1,225.00 $6,125.00 3 5 EA Cost to provide/install miscellaneous equipment $2,035.00 $10,175.00 A.1 5 EA Add: Additional one-year extended warranty $967.00 $4,835.00 A.2 5 EA Deduct: Guaranteed repurchase price for the 2016 motorcycles at the end of three (3) years $8,000.00 $40,000.00 A.3 5 EA Deduct: Trade-in price for five (5) existing 2010 Harley Davidson Road King motorcycles $8,000.00 $40,000.00 »Independence Harley Davidson is bidding 2016 Harley Davidson Road King Motorcycles. Base cost per unit: $19,665.00 $98,325.00 NOTES: Independence Harley Davidson (College Station, TX) ADD/DEDUCT BID ITEMS BASE BID TOTAL BASE BID Page 1 of 1 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0699 Name:ACA Transitional Reinsurance Fee Status:Type:Impact Fees Consent Agenda File created:In control:11/19/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion on approving the Affordable Care Act mandated Transitional Reinsurance Fee due on January 15, 2016. The amount for this expenditures is $62,832. Sponsors:Alison Pond Indexes: Code sections: Attachments:2015 ACA Fees (McGriff).pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on approving the Affordable Care Act mandated Transitional Reinsurance Fee due on January 15, 2016. The amount for this expenditures is $62,832. Relationship to Strategic Goals: (Select all that apply) ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of Affordable Care Act mandated Transitional Reinsurance Fee expenditure. Summary: Section 1341 of the Affordable Care Act established a transitional reinsurance program to stabilize premiums in the individual market inside and outside of the Marketplaces. The transitional reinsurance program collects contributions from contributing entities to fund reinsurance payments to issuers of non-grandfathered reinsurance-eligible individual market plans, the administrative costs of operating the reinsurance program, and the General Fund of the U.S. Treasury for the 2014, 2015 and 2016 benefit years. Self-funded plans are responsible for funding and paying the reinsurance fee. The reinsurance fee was $63 per member annually for 2014, is $44 per member annually for 2015, and will be $27 per member annually for 2016. The IRS provides four counting methods for determining the number of members covered by your health plan. Annual membership counts are based on the first nine months of the calendar year regardless of plan year or renewal date. Our benefits consultants have calculated the City’s member count using each of the four counting methods and the City is submitting fees using the method that is most fiscally favorable. College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0699,Version:1 Budget & Financial Summary: Funds are available and budgeted in the employee benefits fund. Attachments: 1. Affordable Care Act fees by member count College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ Affordable Care Act Fees January 1, 2015 - September 30, 2015 PCORI Fee Quarterly Monthly Quarterly Monthly Plan Year Start Plan Year End Date Due Actual Actual Factor Factor 1/1/2012 12/31/2012 $1.00 7/31/2013 Members 1,716 1,719 1,337 1,338 Amount Due $1,716.00 $1,719.00 $1,337.00 $1,338.00 1/1/2013 12/31/2013 $2.00 7/31/2014 Members 1,768 1,773 1,366 1,369 Amount Due $3,536.00 $3,546.00 $2,732.00 $2,738.00 1/1/2014 12/31/2014 $2.08 7/31/2015 Members 1,774 1,774 1,385 1,386 Amount Due $3,689.92 $3,689.92 $2,880.80 $2,882.88 1/1/2015 12/31/2015 $2.17 7/31/2016 Members 1,842 1,842 1,428 1,429 Estimate Amount Due $3,997.14 $3,997.14 $3,098.76 $3,100.93 1/1/2016 12/31/2016 $2.30 *7/31/2017 Members 1,842 1,842 1,428 1,429 Estimate Amount Due $4,236.60 $4,236.60 $3,284.40 $3,286.70 1/1/2017 12/31/2017 $2.44 *7/31/2018 Members 1,842 1,842 1,428 1,429 Estimate Amount Due $4,494.48 $4,494.48 $3,484.32 $3,486.76 1/1/2018 12/31/2018 $2.58 *7/31/2019 Members 1,842 1,842 1,428 1,429 Estimate Amount Due $4,752.36 $4,752.36 $3,684.24 $3,686.82 1/1/2019 12/31/2019 $0.00 7/31/2020 Members 1,842 1,842 1,428 1,429 Amount Due $0.00 $0.00 $0.00 $0.00 *Estimate based on 6% trend. Reinsurance Assessment Fee Quarterly Monthly Quarterly Monthly Calendar Year Start Calendar Year End Date Due^Actual Actual Factor Factor 1/1/2013 12/31/2013 $0.00 1/31/2014 Members 1,763 1,772 1,364 1,369 Amount Due $0.00 $0.00 $0.00 $0.00 1/1/2014 12/31/2014 $63.00 1/31/2015 Members 1,773 1,770 1,383 1,384 Amount Due $111,699.00 $111,510.00 $87,129.00 $87,192.00 1/1/2015 12/31/2015 $44.00 1/31/2016 Members 1,842 1,842 1,428 1,429 Amount Due $81,048.00 $81,048.00 $62,832.00 $62,876.00 1/1/2016 12/31/2016 $27.00 1/31/2017 Members 1,842 1,842 1,428 1,429 Estimate Amount Due $49,734.00 $49,734.00 $38,556.00 $38,583.00 ^Amount due split into two payments in 2015. $52.50 PMPY due in January. Remaining $10.50 PMPY due in November. City of College Station Fee (PMPY) Fee (PMPY) 10/30/2015 13 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0700 Name:2016 Benefits Expenditures & Resolution Status:Type:Resolution Consent Agenda File created:In control:11/19/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion on approving projected January 1, 2016 through December 31, 2016 employee benefit expenditures and employee benefit provider agreement renewals for $9,099,007 and presentation, possible action, and discussion on approving a resolution authorizing the City Manager to execute and approve all required contracts and subsequent expenditures related to employee benefits agreements, and presentation, possible action, and discussion on rejecting RFP 16-017 for stop loss reinsurance. Sponsors:Alison Pond Indexes: Code sections: Attachments:2016 COCS Stop-Loss Recommendation.pdf 2016 Benefits Resolution.pdf Exhibit A to the FY16 Benefits Resolution.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on approving projected January 1, 2016 through December 31, 2016 employee benefit expenditures and employee benefit provider agreement renewals for $9,099,007 and presentation, possible action, and discussion on approving a resolution authorizing the City Manager to execute and approve all required contracts and subsequent expenditures related to employee benefits agreements, and presentation, possible action, and discussion on rejecting RFP 16-017 for stop loss reinsurance. Relationship to Strategic Goals: ·Financially Sustainable City Recommendation(s): Staff recommends approval of 2016 projected health plan expenditures and resolution. Summary: The City’s benefits includes: - Blue Cross and Blue Shield - Medical/Dental/Prescription/Stop Loss Coverage - The Standard Insurance - Basic Life Insurance and Accidental death and dismemberment - Deer Oaks - Employee Assistance Program - Daily Access - Flexible Spending Account Administration The 2016 plan year projected costs are based on a monthly average of 851 employees, retirees and COBRA participants on the plan. This represents a cost to the City of approximately $891 per College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0700,Version:1 employee per month, or $10,692 per employee per year. As a self-insured entity,the City also purchases stop loss (reinsurance)to limit the risk of the cost of high dollar claims.Our first request for a renewal rate resulted in a quote from BCBS of 22.85%.So an RFP (16-017)was sent out for stop loss reinsurance.BCBS and two other vendors provided a proposal however neither vendor offered rates below the BCBS renewal offering.Our benefits consultants were able to negotiate better rates by increasing our specific stop loss deductible from $165,000 to $180,000 thus mitigating the increase from 22.85%to only 9.85%as a renewal under our current agreement.Therefore staff is requesting that Council reject the BCBS proposal received pursuant to RFP 16-017. Budget & Financial Summary: Funds are available and budgeted in the employee benefits fund. Attachments: 2016 Cost Projections, Consultant Recommendation Letter on Stop Loss, Benefits Resolution College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ MEMORANDUM MCGRIFF, SEIBELS & WILLIAMS, INC. 5080 SPECTRUM DRIVE, SUITE 900E ADDISON, TX 75001 PHONE – (469) 232-2100 FAX – (469) 232-2105 Date: November 18, 2015 To: City of College Station From: Scott Gibbs/Sandy Brown, McGriff, Seibels & Williams Re: Medical Stop-Loss Renewal Recommendation of Stop-Loss Coverage -- Blue Cross Blue Shield The purpose of this memorandum is to provide the Stop-Loss renewal recommendation for the City of College Station for the 2016 plan year. Blue Cross Blue Shield (BCBS) is the current Stop-Loss carrier and the proceeding medical administrator. BCBS has been the City of College Station’s stop loss vendor for the past 10+ years. In the 2015 plan year, BCBS has paid out $581,804.72 in specific deductible reimbursements through September while only collecting premiums of only $466,718 for the same period. In the 2014 plan year, BCBS paid out $2,334,480 in stop loss reimbursements while receiving $586,224 in premium for the year. Due to the large loss in the 2014 stop loss policy, the City increased the stop loss deductible from $150,000 to $165,000 as of 1/1/2015 to mitigate the renewal increase. While the large claims are lower in the current 2015 plan year, the stop loss policy is running at a 124% loss ratio. Purchasing released a Request for Proposal for Stop Loss Insurance for Medical and Pharmacy in early October. Due to the large claims and historical claims data, quotes were only received from the incumbent carrier as well as 2 other vendors. BCBS provided a proposed renewal of 22.85% for the current $165,000 specific deductible. BCBS also provided a second renewal option increasing the specific deductible to $180,000, affectively reducing the increase to 9.85% above current. QBE provided a proposal at the current specific deductible level with a premium increase of 28.02% and HM Insurance provided rates with an increase of 46.40%. Neither vendor offered rates below the BCBS renewal offering. Please see the Spreadsheet below for a breakdown and illustration of premium. Current Renewal Opt. 2 $ Increase % Increase Stop-Loss PEPM PEPM PEPM PEPM Specific Premium $57.11 $63.28 $6.17 10.80% Aggregate Premium $5.52 $5.52 $0.00 0% Total $62.63 $68.80 $6.17 9.85% Stop-Loss Monthly Monthly Monthly PEPM Specific Premium $48,600.61 $53,851.28 $5,250.67 10.8% Aggregate Premium $4,697.52 $4,697.52 $0.00 0% Total $53,298.13 $58,548.80 $5,250.87 9.85% Stop-Loss Annual Annual Annual PEPM Specific Premium $583,207.32 $646,215.36 $63,008.04 10.8% Aggregate Premium $56,370.24 $56,370.24 $0.00 0% Total $639,77.56 $702,585.60 $63,008.04 10.8% <Figures are based on 851 Employees> The Aggregate Factors increased 25.86% from $784.53 to $987.43 per employee per month, equaling an annual aggregate attachment point of $10,083,635.16. The Aggregate Factors are excess limits that are based on claims incurred up to the Specific Deductible of $165,000. Therefore, if claims are in excess of the annual aggregate attachment point the City of College Station would be due a reimbursement equaling the excess amount of claims. McGriff, Seibels & Williams recommends accepting the proposed BCBS option 2. This option mitigates the fixed cost renewal to 9.85% while only raising the specific deductible by $15,000. McGriff conducted an analysis of the increased claims liability by increasing the deductible and based off a 3 year history of claims, the premium savings exceed the potential claims liability for the City. In addition, the City of College Station has had a long standing relationship with BCBS and the integration of claims administration and stop loss reimbursement within the same vendor makes for a seamless reimbursement of claims to the City. We appreciate the opportunity to work with the City and its employees. Should the City desire further clarification and/or need any supporting documentation related to this marketing analysis, please feel free to contact me at 469-232-2174 or Scott Gibbs at 469-232-2188. Sincerely, Sandy Brown Vice President RESOLUTION NO.________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS (CITY), AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPROVE ALL CONTRACT DOCUMENTS AND APPROVE ALL EXPENDITURES FOR ALL EMPLOYEE BENEFITS FOR FY 2016. WHEREAS, the City of College Station strives to offer employees comprehensive and competitive health benefits; and WHEREAS, the City of College Station’s health plan is self-funded and provides medical, dental and prescription coverage to eligible employees, retirees and dependents including a high deductible plan offered to offset rising health care costs; and WHEREAS, The City of College Station offers voluntary vision insurance, short-term disability, basic & voluntary life and AD&D, medical & dependent care flex spending accounts, critical illness & accident insurance and an employee assistance program (EAP) to eligible employees; and WHEREAS, The City of College Station contracts with McGriff, Seibels & Williams (McGriff), as the sole broker of record according to Texas Local Government Code § 252.024, for benefits and insurance consulting; and WHEREAS, The City of College Station contracts with Blue Cross and Blue Shield of Texas to administer health claims and provide stop loss reinsurance; and WHEREAS, the City of College Station works with McGriff to stay current with best practices, maintain compliance with local, state and federal health regulations and laws. The annual health plan review process involves Human Resources working with McGriff and Finance to fiscally align City needs with available funds utilizing a Request for Proposal process when necessary; and WHEREAS, the City Council of the City of College Station desires to make health plan benefits contract management more efficient by authorizing the City Manager to approve and execute the health plan contracts and to approve subsequent budgeted expenditures related to the health plan contracts; now, therefore, Resolution No.____________ Page 2 of 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council has approved the budgeted funds in fiscal year 2016 for all health plans as shown in Exhibit A. PART 2: That the City Council hereby authorizes the City Manager to approve and execute the health plan contracts and approve including, but not limited to, applications, policies, amendments, termination notices, and any and all other communications or documents that may be required by the health plan contracts, on behalf of the City. PART 3: That the Cit y Council hereby authorizes the City Manager to approve those expenditures related to the health plan contracts provided that such expenditures are appropriated from available funds, approved from the annual budget and are consistent with state and local laws. PART 4: That the City Council hereby finds that the above described authorization will make health plan contracts administration and management more efficient for the City. PART 5: That the City Council hereby finds that granting such authority to the City Manager in no way precludes the Mayor from executing health plan documents and contracts on behalf of the City if required by law or as a condition of the health plan contracts or as otherwise determined by the City Council in its discretion. PART 6: That the City Council further finds that granting such authority to the City Manager shall not otherwise modify or change the City procedures for processing contracts. PART 7: That this resolution shall take effect immediately from and after its passage. ADOPTED this 10th day of December, 2015. ATTEST: APPROVED: City Secretary Mayor APPROVED: Resolution No.____________ Page 3 of 3 City Attorney Resolution No.Page 3 of 3EXHIBIT A City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0702 Name:Recoat Park Place Water Tower Status:Type:Contract Consent Agenda File created:In control:11/20/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding award of contract #16300090 with MK Painting, Inc. to recoat the interior of the Park Place Water Tower, at a total cost of $305,000. Sponsors:David Coleman Indexes: Code sections: Attachments:Bid Tab.pdf Contract Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding award of contract #16300090 with MK Painting, Inc. to recoat the interior of the Park Place Water Tower, at a total cost of $305,000. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation:Staff recommends approval of this contract. Summary: The Park Place water tower (located at Texas & Holleman) was put into service in 2002 and the interior coating system of the steel tank is still original. Our regular inspections indicate this coating system is beginning to fail, which is to be expected after 13 years in service. We also found some pin-hole leaks on a couple of the welds at pipe joints in the vertical section of the fill/drain pipe that must be spot-repaired. This construction contract will recoat the tank, and perform all required repair work. Award of the contract in December will allow the recoating work to be done in the winter, when water demands are lowest. Since this recoating work is essential to realize the maximum life span of the water tower, staff recommends approval. Please note, the bid price of $305,000 includes an $18,000 bid item to repaint the two College Station Independent School District logos on the exterior of the tank. If CSISD decides to do this work, we will create a written agreement for CSISD to repay the City this amount. If the CSISD decides not to proceed, we will execute a deductive change order. Budget & Financial Summary:Funds for this contract are available in the Water Fund. College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0702,Version:1 Reviewed and Approved by Legal:Yes Attachments: Contract Bid Tab College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ City of College Station - Purchasing DivisionBid Tabulation for #16-022"Park Place Water Storage Tank Rehabilitation"Open Date: Thursday, November 19, 2015 @ 2:00 p.m.M.K. Painting, Inc.(Wyandotte, MI)Horizon Bros. Painting Corp.(Howell, MI)E.J. Chris Contracting, Inc.(San Antonio, TX)N.G. Painting, LP(Kerrville, TX)L.C. United Painting Co, Inc.(Sterling Heights, MI)Utility Service Co., Inc.(Perry, GA)Classic Protective Coatings, Inc.(Menomonie, WI)TMI Coatings, Inc.(St. Paul, MN)A&M Construction & Utilities, Inc.(Rowlett, TX)Tank Pro, Inc.(Northport, AL)Blastco Texas, Inc.(Houston, TX)ITEM QTY/UNIT DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE1 1 Lump SumFurnish material and labor to replace the interiorcoating system of the 3 MG EST per the Technical Specifications$252,000.00 $639,900.00 $700,000.00 $360,000.00 $566,000.00 $558,000.00 $410,758.00 $519,000.00 $441,000.00 $468,899.00 $450,000.002 1 Lump SumFurnish material and labor to replace the exteriorcoating system of the 3 MG EST per the Technical Specifications$22,000.00 $58,900.00 $30,000.00 $30,000.00 $44,000.00 $10,000.00 $26,200.00 $25,000.00 $48,200.00 $20,000.00 $29,000.00$274,000.00 $698,800.00 $730,000.00 $390,000.00 $610,000.00 $568,000.00 $436,958.00 $544,000.00 $489,200.00 $488,899.00 $479,000.00A.1 1 Lump SumFurnish material and labor to remove surfacecontaminants on the interior of the 3MG ESTas required.$9,000.00 $6,000.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $8,800.00 $60,000.00 $14,400.00 $15,000.00 $15,000.00A.21 Lump Sum(+/-)Furnish material and labor to weld additional pitsbeyond 100 pits in base bid up to 250 pits.$4,000.00 $5,000.00 $10,000.00 $2,000.00 $1,250.00 $4,500.00 $3,750.00 $2,500.00 $5,250.00 $2,250.00 $5,500.00A.3 1 Lump Sum Surface prep and painting of new logos on tank.$18,000.00 $20,000.00 $30,000.00 $20,000.00 $16,000.00 $20,000.00 $38,000.00 $24,000.00 $44,400.00 $19,000.00 $25,000.00A.41 Lump Sum(+/-)Alternate interior coating system. Add to ordeduct amount from Base Bid Amount to installalternate coating system per the TechnicalSpecifications. (Indicate + or -)NO BID $62,000.00 NO BIDNO BIDNO BID NO BID NO BID NO BID NO BID NO BID NO BID***Bids are currently being evaluated by the City Department and Consultant***TOTAL BASE BID (ITEMS 1-2)BASE BIDBID ALTERNATESPage 1 of 1 BID DOCUMENTS FOR PARK PLACE WATER STORAGE TANK REHABILITATION PROJECT 0 CITY OF COLLEGE T .A'T ION Home of TewA&M University* BID NO. 16-022 WORK ORDER: WF1440668/002 DUE DATE: Thursday, November 19, 2015 @ 2:00 P.M. City of College Station, Texas Purchasing Division — City Hall PO Box 9960 1101 Texas Avenue College Station, Texas 77842 979-764-3555 www.cstx.gov TABLE OF CONTENTS INSTRUCTION TO BIDDERS CONTRACTOR'S PROPOSAL CONTRACTOR DATA SHEET CERTIFICATION CONDITIONS OF AGREEMENT STANDARD FORM OF AGREEMENT FOR CONSTRUCTION SPECIAL CONDITIONS AND TECHNICAL SPECIFICATIONS Page 2 of 24 INSTRUCTION TO BIDDERS Page 3 of 24 INSTRUCTIONS TO BIDDERS 1.0 ADVERTISEMENT Sealed bids addressed to the City of College Station, Texas will be received for ITB 16-002, Park Place Water Storage Tank Rehabilitation Project, until 2:00 p.m., Thursday, November 19, 2015 after which time all qualified bids will be opened and read. Bids received after that time will be returned unopened. LOCATION AND DESCRIPTION OF PROJECT The work to be performed under these specifications includes the partial rehabilitation, repainting and structural steel repairs of the 3 MG water storage tank located at Park Place Drive near the intersection of Texas Avenue in College Station, TX. In general, the interior wet area protective coatings will be replaced and repairs to the interior piping and exterior coating system will be made in accordance with the technical specifications. PROJECT ESTIMATE" $705,000.00 A Pre-bid Meeting will be held at 1101 Texas Avenue, City Hall, second floor conference room, College Station, TX at 2:00 p.m. on Tuesday, November 10, 2015. This meeting is not mandatory, but attendance is highly recommended. A site visit will be provided immediately following the meeting. Questions and inquiries about this bid should be submitted in writing via the Q&A feature available through the Online Bidding System at https://brazosbid.cstx.gov/ . The deadline for submitting written requests for clarification is Friday, November 13, 2015 at 2:00 p.m. Sealed bids shall be clearly marked with the bid number and title and addressed to the City of College Station—Purchasing Division. Bids shall be delivered using one of the following methods: Hand-deliver to: Mail to: Ship to (FedEx, UPS, DHL, etc.): 1101 Texas Avenue PO Box 9960 310 Krenek Tap Road College Station, Texas 77840 College Station, Texas 77842 College Station, Texas 77840 COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City's website at his://brazosbid.c oy .. Five (5)percent bid security is required. END ADVERTISEMENT Page 4 of 24 2.0 DEFINITION OF TERMS In order to simplify the language throughout this bid, the following definitions and those defined in the Contract Documents shall apply: BIDDER - A contractor who submits a Bid directly to the City. BIDDING DOCUMENTS - the Advertisement, Instructions to Bidders, the Proposal, Special Provisions, Technical Specifications and the proposed Contract Documents (including all Addenda issued prior to the receipt of Bids). CITY OF COLLEGE STATION—Same as City. CITY COUNCIL—The elected officials of the City of College Station, Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and Laws. CONTRACT — An agreement between the City and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. CONTRACTOR—The successful Bidder(s) of this bid request. CITY—The government of the City of College Station, Texas. SUB-CONTRACTOR —Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. SUCCESSFUL BIDDER - the lowest, qualified, responsible and responsive Bidder to whom the City (on the basis of the City's evaluation as hereinafter provided) makes an award. SUPPLIER—Same as Contractor. 3.0 COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City's website at his://brazosbid.cstx. e ov . Complete sets of Bidding Documents must be used in preparing Bids; the City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 4.0 PREBID CONFERENCE A Pre-bid Meeting will be held at 1101 Texas Avenue, City Hall, second floor conference room, College Station, TX at 2:00 p.m. on Tuesday, November 10, 2015. Representatives of the Owner and Engineer will be present to discuss the project. Bidders are highly encouraged to attend and participate in the conference. Owner's Representative will transmit to all prospective bidders of record such Addenda as he considers necessary in response to questions arising at the conference. 5.0 GENERAL BID PROVISIONS a. The Invitation to Bid as advertised will be considered an inclusion of the specifications and conditions. Page 5 of 24 b. The term "Owner" as used throughout these documents will mean The City of College Station, Texas. c. Bid proposals will be submitted on the forms provided by Owner. All figures must be written in ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initialed in ink by the person signing the proposal. d. Formal advertised bids indicate date and time by which the bids must be received in the Purchasing division. Bids received after that time will be returned unopened to the bidder. e. The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception. f. Bidders may request withdrawal of a posted sealed proposal prior to the scheduled bid opening time, provided the request for withdrawal is submitted to the Purchasing Division in writing. Owner reserves the right to reject any and all bids by reason of this request. g. In the event there are inconsistencies between the general provisions and other bid terms or conditions contained herein, the former will take precedence. h. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. Owner is not bound by any oral representations, clarifications, or changes made in the written specifications by Owner's employees, unless such clarification of change is provided to bidders in written addendum form from the Purchasing Division. i. All bids will be awarded to the lowest responsible bidder. The determination of the lowest responsible bidder may involve all or some of the following factors: price, conformity to specifications, financial ability to perform the contract, previous performance, facilities and equipment, availability of repair parts, qualifications and experience, delivery promise, payment terms, compatibility as required, other costs, and other objectives and accountable factors which are reasonable. j. Owner may give an environmental preference to products or services that have a lesser or reduced effect on human health and the environment when compared with competing products and services that serve the same purpose. This comparison may consider raw materials acquisition, product, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service; k. Bidders may be disqualified and rejection of proposals may be recommended to the Owner for any (but not limited to) of the following causes: 1) Failure to use the proposal form furnished by the Owner; 2) Lack of signature by an authorized representative on the proposal form; 3) Failure to properly complete the proposal; 4) Evidence of collusion among proposers; 5) Omission of a certified personal or company check as a proposal guarantee (if Bid Bond required); 6) Unauthorized alteration of bid form; 7) Lack of appropriate qualifications and experience relative to the size and scope of the work proposed; 8) Unsatisfactory performance; or 9) Failure to complete projects. Owner reserved the right to waive any minor informality or irregularity. Page 6 of 24 1. Whenever in this invitation, any particular materials, process and/or equipment are indicated or specified by patent, proprietary or brand name, or by name of manufacture, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired and will be deemed to be followed by the words "or equal." m. Samples of items shall be furnished, if requested by the Owner, without charge, and if not destroyed, shall be returned upon request at the bidder's expense. n. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous written consent of Owner and any sureties. o. Contractor must provide audited financial statements, if requested, to the City. p. Prices should be itemized. Unit prices shall be set to no more than four (4) decimal places. The Owner reserves the right to award by item or by total bid. If there are discrepancies between unit prices and extension, the unit price will prevail. q. No freight or delivery charges will be accepted unless shown on bid. r. Discounts for prompt payment offered may be taken into consideration during bid evaluation. Terms of payment offered will be reflected in the space provided on the bid proposal form. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice, whichever is later. s. Owner is exempt from State Retail Tax and Federal Excise Tax. The price bid must be net, exclusive of taxes. t. All bidders will comply with all Federal, State, and local laws relative to conducting business in the City of College Station. The laws of the State of Texas will govern as to the interpretation, validity, and effect of this bid, its award and any contract entered into. u. The successful bidder agrees by entering into this contract, to defend, indemnify and hold Owner harmless from any and all causes of action or claims of damages arising out of or related to bidder's performance under this contract. v. Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of bids, whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, will operate to void all proposals of that particular bid solicitation or request. w. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award. x. If unable to bid,please sign and return this form by return mail, advising reason for not submitting quotation. 6.0 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days of City's request, written evidence, such as financial data, previous experience, present commitments and other such data as may be called for below. Each Bid must contain Page 7 of 24 evidence of the Bidder's qualifications to do business in the State of Texas or covenant to obtain such qualification prior to award of the contract. In determining a bidder's qualifications, the following factors will be considered: A. Work previously completed by the bidder and whether the bidder: a. maintains a permanent place of business, b. has adequate plant and equipment to do the work properly and expeditiously, c. has paid or settled all claims for payment promptly, d. has appropriate technical experience, e. has job references for work of similar size and scope to the project bid herein; and f. satisfactory performance and completion of public, or comparable,projects. B. The safety record of the Bidder, of the corporation, partnership, or institution represented by the Bidder, or of any one acting for such firm, corporation, or partnership. Each Bidder may be required to show that he has properly completed similar type work and that no claims are now pending against such work. No bid will be accepted from any bidder who is engaged in any work that would impair his ability to fully execute,perform or finance this work. The General/Sub-Contractors Experience Data Sheet following the proposal must be filled out and submitted with the bid for consideration. Failure to include a completed Data Sheet may result in the rejection of the bid. 7.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Bidder before submitting a Bid, to: a. examine the Contract Documents thoroughly, b. visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c. consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d. study and carefully correlate Bidder's observations with the Contract Documents, and e. notify Owner's Representative of all conflicts, errors or discrepancies in the Contract Documents. f. visit with local utilities, including cable companies, and other entities that may have underground or above-ground infrastructure in the work area for infrastructure location. B. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data from the Owner's files for its underground facilities and information and data furnished by owners of other underground facilities. Owner does not assume responsibility for the accuracy or completeness thereof. C. Before submitting a Bid each Bidder will be responsible to make or obtain such explorations, at bidders expense and not to be added into cost of bid if accepted (tests and data concerning Page 8 of 24 physical conditions - surface, subsurface and underground facilities - at or contiguous to the site, or otherwise) which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. D. On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. E. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or disposal of spoil are to be provide by Contractor. Contractor is responsible for obtaining all permits required for any of the before mentioned purposes prior to beginning work in accordance with the Standard Form Of Agreement,paragraph 35 Permits and Licenses. F. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this section, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. No pleas of ignorance of conditions that may be encountered in their execution of the Work under this contract, that is a result of failure to make the necessary examinations and investigations herein above indicated, will be accepted as an excuse for the failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents. In no event shall a claim for extra compensation or for an extension of time be allowed for failure to thoroughly examine all requirements of Contract Documents. 8.0 INTERPRETATIONS and ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the City Purchasing Department. Interpretations or clarification considered necessary by Owner's Representative in response to such questions will be issued by Addenda and mailed or otherwise delivered to all parties recorded by Owner's Representative as having received the Bidding Documents. Questions received less than 48 hours prior to opening of Bids will not be answered. Only questions answered by a formal written Addenda will be binding. No oral and other interpretations or clarification will be considered official or binding. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the City. To properly qualify his bid, each Bidder shall, prior to filing his Bid, check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the Proposal Form or Page 9 of 24 on a separate attachment to the bid. Bids without such acknowledgment of all issued Addenda and letters of clarification may cause your bid to be considered non-responsive. Such Addenda and letters of clarification shall become a part of the executed contract and modify the contract documents accordingly. 9.0 BID SECURITY Bidders must submit with their Bids a Cashier's Check or a Certified Check in the amount of five 5%) percent of the maximum amount of Bid payable without recourse to the City of College Station, Texas, or a bid bond in the same amount from a surety company holding permit from the State of Texas to act as a surety, as a guarantee that Bidder will enter into a contract and execute bond and guarantee forms within fifteen (15) days after notice of award of contract. Bids without checks, as stated above, or acceptable bid bond may not be considered. Bid Security shall be in effect from the opening of the Bid and will be retained until a Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. A Bidder may withdraw its Bid at any time until the Agreement is signed. However, it will forfeit its Bid Security in doing so if no material mistake was made in the Bid. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until 5 days after the Agreement is executed whereupon Bid Security furnished by such Bidders will be returned. Bid Security with Bids which are not competitive will be returned within seven days after the Bid opening. 10.0 CONTRACT TIME The times for Substantial Completion and Final Completion are set forth in the Special Provisions and will be included in the Agreement. It will be necessary for the Successful Bidder to satisfy City of Bidder's ability to achieve Substantial Completion and Final Completion within the times designated in the Special Provisions. 11.0 LIQUIDATED DAMAGES TIME IS OF THE ESSENCE IN THIS CONTRACT. Failure to meet Substantial or Final Completion dates will result in damages to the city in an amount specified in City's Standard Form of Agreement, Item 23. 12.0 SUBSTITUTE OR "OR EQUAL" ITEMS The materials and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by Owner's Representative at least seventy-two (72) hours prior to Page 10 of 24 the date for receipt of Bids or until after the contract for the work has been signed. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Bidder. The Owner's Representative's decision of approval or disapproval of a proposed substitution shall be final. If Owner's Representative approves any proposed substitution before the date for receipt of bids, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner. 13.0 BID FORM The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Purchasing Department, City of College Station, 1101 Texas Avenue, College Station, Texas 77840. All blanks on the Bid Form must be completed in ink or by typewriter. Unfilled blanks may result in the bid being disqualified. Bids by corporations must be executed in the corporate name by the corporate officer authorized to sign for the corporation, accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and accompanied by evidence of authority to sign. The fiscal address of the partnership must be shown below the signature. All names must be typed or printed below the signature. The Bid shall contain an acknowledgment of receipt of all Addenda. The numbers and dates of which must be filled in on the Bid Form or on a separate attachment to the Bid. The address and telephone number(s) for communication regarding the Bid must be shown. All of the data on the GENERAL/SUB-CONTRACTORS EXPERIENCE AND DATA INFORMATION sheet must be completely filled in. 14.0 SUBMISSION OF BIDS A Bid shall be submitted at the time and place indicated in the Advertisement. It shall be enclosed in an opaque sealed envelope, marked with the project title, name and address of the Bidder. The Bid shall be accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Each Bidder should, prior to filing his Bid check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the outside of the envelope containing his Bid proposal. Page 11 of 24 15.0 MODIFICATION AND WITHDRAWAL OF BIDS Bids may be modified or withdrawn by an appropriate document duly executed, in the described manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If prior to the award of the contract by the City Council, any Bidder files a duly signed, written notice with Owner's Representative and promptly thereafter demonstrates to the reasonable satisfaction of Owner's Representative that there was a material mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 16.0 OPENING OF BIDS Properly prepared Bids will be opened publicly and read aloud. A summary of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. A tabulation of the Bids which are read will be available upon request as soon as it has been assembled and verified. Bids received after the specified time of the opening will be returned unopened. 17.0 BIDS TO REMAIN SUBJECT TO ACCEPTANCE All bids will remain subject to acceptance, for 90 days after the date of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid Security prior to that date. 18.0 AWARD OF CONTRACT Owner reserves the right to reject any and all Bids, to waive any and all informalities and irregularities not involving price, time or changes in the Work and to disregard all non- conforming, non-responsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, time of construction, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided. Owner may also consider the operating costs, maintenance requirements, performance data and Page 12 of 24 guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. If the contract is to be awarded, it will be awarded to the lowest responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 90 days after the day of the Bid opening. Bid prices may be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Standard Form of Agreement for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in City's Standard Form of Agreement, Item 23. 19.0 CONTRACT SECURITY Paragraph 28 BOND PROVISIONS of the Standard Form of Agreement set forth Owner's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds. 20.0 SIGNING OF AGREEMENT The Successful Bidder shall execute the Contract and provide proof of insurance as detailed in the Standard Form of Agreement based on Staff recommendation prior to Council action. Within 15 days of Council approval, all required Bonds shall be delivered to Owner. A fully executed contract will be presented to Successful Bidder with a City of College Station Purchase Order. 21.0 PERSONAL INTEREST College Station City Charter Article XII: General Provision; Section 116. Members of the City Council and officers and employees of the City shall comply with state law pertaining to conflicts of interest of local government officials, including TEXAS LOCAL GOVERNMENT CODE, Chapter 171. Page 13 of 24 CONTRACTOR'S PROPOSAL Page 14 of 24 CONTRACTOR'S PROPOSAL AND ALTERNATES BID NO. 16-022 BASE BID ITEM ESTIMATED LUMP SUM BID NO. QUANTITY DESCRIPTION AMOUNT Furnish material and labor to replace the interior coating system of the 3 MG EST per 1 LumpSum the Technical Specifications OoO, d O Furnish material and labor to perform repairs to the interior piping and exterior coating 2 Lump Sum system per the Technical Specifications ZZOaQ•® TOTAL BASE BID Items 1-2 $,274 00®.O0 BID ALTERNATES Furnish material and labor to remove surface contaminants on the interior of the 3 MG EST A.1 Lum Sum as required. 9,OOFJ•0 o Furnish material and labor to weld additional pits beyond 100 pits in base bid up to 250 A.2 Lum Sum pits. 000.0 D Surface prep and painting of new logos on A.3 Lump Sum tank. BOot•O v Alternate interior coating system. Add to or deduct amount from Base Bid Amount to Lump Sum install alternate coating systems per the 9/0 A.4 Technical Specifications. Indicate+ or-) $ COMPLETION TIME Contractor shall commence work within ten (10) days after the date of written notice to commence work. The work will be substantially completed in one hundred twenty(120) calendar days, except if there are more than ten (10)rainy or high humidity days. Number of Addenda is hereby acknowledged Nl7i( lCO3 Page 15 of 24 CONTRACTOR DATA SHEET Page 16 of 24 GENERAL/SUB-CONTRACTOR'S EXPERIENCE AND DATA IINFORMATION Name of Company: n• A/ J C/ Company Years in Business: List Municipal Projects Similar Projects in Size and Scope Completed in Last Five Years) 6rr 1.4441E .¢rTAeA#1ED ov/z .2&50W"' .vS Project Municipality Amount Type Date Superintendent&Project Manager Information Include Superintendent proposed for the project,years of experience as superintendent, project manager proposed for the project, and years experience as project manager le4525 OU.2 DoCt/MEkJor Superintendent Years Experience Projects Project Manager Years Experience Projects Page 17 of 24 References:Name 5 projects of similar work, giving owner's name, representative's name, project engineers name, and telephone numbers for each ski'-tE ov e.. .QEFF.2 G= S 1. 2. 3. 4. 5. Page 18 of 24 PROJECT REFERENCES M . K. PAINTING , INC . 4157 Seventh Street Wyandotte, Michigan 48192 734) 285-5861 office 734) 285-5862 fax mkpaintinginc@aol . com www. mkpaintinginc. com 11/17/2015 PROJECT REFERENCES M. K. PAINTING, INC. OWNEWCONTACT ENGINEER- PHONE WORK PERFORMED AMOUNT LEAD Town of Grabill, Indiana Dodzik Engineering-Andy Elevated 250,000 gallon water storage Dodzik tank. Interior sand blasting and 68,500 260) 483-9117 application of 3-coat epoxy system with lead abatement. Exterior power wash and overcoat.Minor metal repairs Marquette Township, Marquette Township-Curt One million-gallon water storage tank. Michigan Page Interior sand blasting with lead 99,300 906) 647-6103 abatement and application of 3-coat epoxy system. Exterior power wash and overcoat City of Aberdeen, City of Aberdeen-Ken Elevated 250,000 gallon water storage Maryland Benner tank. Exterior sand blast and 3-coat 106,000 443) 807-3738 system with lead abatement City of Fairfield, Ohio City of Fairfield-Dwight Exterior lead abatement on two large Culbert elevated tanks, necessary repairs. 482,000 513) 867-5375 Fonda Island-Briggs Nelson Tank Engineering 200,000 gallon elevated water storage Water Authority and Consulting tank.Wet interior sand blast and 73,700 513)321-1692 application of 3-coat epoxy system with 1-7f lead abatement. Dry interior spot blast IJ and repairs. Exterior power wash and overcoat. Minor metal repairs were also art of the project. City of St. Clair, Nelson Tank Engineering 750,000 gallon water storage tank. Michigan and Consulting Exterior power wash and overcoat. 32,000 513)321-1692 Interior repair of existing coatings by spot sand blasting and the application of epoxy coatings.There were also metal repairs. Slippery Rock Exterior sand blasting and coating University, application with lead abatement. 228,000 (f Pennsylvania Extensive metal repairs were also IJ completed. City of Kent,Ohio 2,000,000 gallon ground storage tank. Exterior lead abatement and repainting. 136,500 Minor repairs were also completed. City of Stanton, Nelson Tank Engineering 200,000 gallon elevated water storage Michigan and Consulting tank. Exterior power wash and overcoat. 22,000 513 321-1692 There were also metal repairs. City of Port Huron, Nelson Tank Engineering 1,000,000 gallon elevated tank.Sand Michigan and Consulting blasting interior with lead abatement.259,000 (f 513)321-1692 Exterior was pressure washed and over- IJ coated. Extensive metal repairs were also completed. Village of Almont, Nelson Tank Engineering Repairs to the exterior of a 50,000 gallon Michigan and Consulting elevated tank. Spot touch up coating as 26,500 513)321-1692 needed. City of Huber Heights,Removal and replacement of interior and Ohio exterior coatings on a 1.5 million gallon 240,000 ,ter stand pipe. Lead abatement was u required. Metal repairs were also completed. Buzzards Bay Water Haley and Ward, Inc. 1,000,000 gallon stand pipe removal and District, 781)890-3980 replacement of interior and exterior 304,650 Massachusetts coatings with lead abatement and full containment. Minor metal repairs were also completed. Clear Lake City Water Lockwood,Andrews and Two tanks (750,000 and a 500,000 Authority, Houston, Newnam, Inc. gallon ground storage tanks)were 354,900 Texas 713)266-6900 sandblasted inside and out with lead abatement and containment. Extensive metal repairs were also completed on both tanks. Borough of Sykesville, Gwin, Dobson and Forman 250,000 gallon ground storage tank Pennsylvania 814)943-5214 removal and replacement of interior and 90,050 exterior coatings. Minor metal repairs were also completed. North Penn Water Extech, LLC 1.25 million gallon Hillcrest Standpipe Authority, 860-526-2610 interior repainting and minor repair. 95,425 Pennsylvania Plymouth, Minnesota Short, Elliot, Hendrickson 1,000,000 gallon standpipe interior and 800)325-2055 exterior coating removal and 287,155 replacement. Exterior removal required lead abatement and full containment. Minor repairs also completed. Howard County, Two elevated tanks-a 3 million and a Maryland 200 MG. Smaller tank total removal 836,945 exterior and wet interior coatings with containment. Dry interior coating system repaired. Larger tank brush blasted with partial containment,exterior and total removal of interior coatings. Both tank had minor repairs and cathodic protection replaced. Village of Freeport, Nelson Tank Engineering 100,000 gallon legged tank. Interior Michigan and Consulting removal and replacement of coatings, 39,175 513)321-1692 minor repair. City of Muskegon, Nelson Tank Engineering 1.0 million gallon, legged-tank exterior Michigan and Consulting repainting with lead abatement and full 413,200 513) 321-1692 containment. Project included minor repairs. City of Bellevue, Lee&Associates 400,000 gallon elevated tank. Exterior Wisconsin 920)662-9641 repaint with containment and lead 246,000 abatement. Interior repaint with minor repairs. Village of Belle Center, Nelson Tank Engineering 100,000 gallon elevated tank interior Ohio and Consulting repaint with wax removal and lead 76,400 513)321-1692 abatement. Metal repairs including overflow, ladder repair and extensive pit welding. McGregor,Texas Dunham Engineering Rehabilitation of elevated storage tank. 979)690-6555 129,855 Nemo,Texas Dunham Engineering Rehabilitation of 30,000 gallon elevated 979)690-6555 storage tank. 46,000 Southside Place, Texas Dunham Engineering(979) Rehabilitation of 135,000 gallon ground 690-6555 water tank. 66,000 Harris County FWD#61, Lockwood,Andrews and Recoating of 500,000 gallon elevated Texas Newnam, Inc. storage tank. 189,000 713)266-6900 Harris County FWD#52, Lockwood,Andrews and Reocat interior and exterior ground Texas Newnam, Inc. storage tank. 157,000 713)266-6900 Harris County M.U.D. L J A Engineering Blasting,repainting, rehabilitation of 222,Texas 713)953-5200 300,000 gallon welded ground storage 93,850 tank and 30,000 hydro-pneumatic inter/exterior tank. Cypress Forest,Texas Dunham Engineering Rehabilitation of elevated storage tank. 979 690-6555 179,800 East China Township, Wade-Trim Associates Abrasive blast clean, repaint wet interior Michigan 734)947-9700 of 500,000 gallon spheroid water storage 59,650 tank. Village of Pentwater, Wade-Trim Associates Exterior repaint and dry interior repaint of Michigan 734)947-9700 150,000 gallon spheroid elevated 178,900 storage tank. San Patricio,Texas(3 Dunham Engineering Rehabilitation of three(3)water filter 65,600 jobs) 979)690-6555 tanks 59,800 62,000 Wickson Creek,Texas Dunham Engineering Rehabilitation of 113,000 gallon water 979)690-6555 tank. 47,000 Nederland,Texas DSR and Associates Repair and painting of 500,000 gallon 409) 722-2242 elevated tank. 74,900 Burnsville, Minnesota Short, Elliot, Hendrickson Rehabilitation of 7.0 million gallon ground 800)325-2055 storage tank. 569,800 Imlay City,Michigan Nelson Tank Engineering Interior and exterior painting and minor and Consulting repairs of 500,000 gallon elevated tank. 124,000 513)321-1692 Parchment,Michigan Nelson Tank Engineering Interior repainting, repair and cathodic and Consulting protection of 200,000 gallon elevated 42,000 513) 21-1692 tank. Richmond,Texas Dunham Engineering Rehabilitation of 375,000 ground storage 173,000 979)690-6555 tank. Texas City,Texas DSR and Associates Repair and painting of 1.0 million gallon 126,000 409 722-2242 elevated tank. Verona S.U.D.,Texas Daniel and Brown Recoating of 150,000 gallon elevated 972)784-7777 tank. 58,000 San Antonio Water 1.0 million gallon elevated tank System,Texas interior/exterior coating removal, lead 654,452 abatement,full containment. Project also had major repairs. Bay County, Michigan Nelson Tank Engineering 300,000 gallon elevated tank, Dept. of Water and and Consulting remove/replace interior coating system, 95,025 Sewer 513)321-1692 exterior recoat of coating system,also minor repairs. Clear Lake Water Lockwood,Andrews and Surface preparation and coating of wet Authority,Texas Newnam, Inc. interior surfaces of 40,400 gallon ground 23,000 713)266-6900 storage tank,disinfection. Ground storage tank is bolted steel water with diameter of 29 feet and a height of 8 feet. Pine Village,Texas Jones and Carter, Inc. Recoating of ground storage tank. 69,000713) 777-5337 Delta Township, Nelson Tank Engineering Interior and exterior repainting, minor Michigan and Consulting repair of 1,250,000 gallon ground 129,125 513)321-1692 storage tank. Westphalia, Michigan Nelson Tank Engineering Interior and exterior re-painting and and Consulting minor repair of 150,000 gallon elevated 40,000 513) 321-1692 water tank Howard County, Water Tank Coating-including surface Maryland preparation,coating,containment and 442,750 touch-up of 750,000 gallon elevated water tank League City, Texas Swain&Associates Coating and painting of Westside 2 713)532-1700 million gallon elevated water storage tank-blast clean entire tank interior wet 879,567 areas and exterior, high pressure wash, coat interior and exterior,paint logo, replace condensation pan,other miscellaneous items. Fort Bend M.U.D.#23, LJA Engineering& Repainting of Water Supply Plant#1 Texas Surveying, Inc. ground storage tank and hydropneumatic 196,600 713)953-5200 tanks. Malcomson Road Utility Lockwood,Andrews and Construction of water plant No. 1 and District,Texas Newnam, Inc. improvements-470,000 gallon tank,208,525 713)266-6900 200,000 gallon tank and 15,000 gallon tank Wickson Creek Special Dunham Engineering Rehabilitating of 250,000 gallon elevated Utility District,Texas (979)690-6555 water tank 97,000 Rankin Road West Jones&Carter, Inc. Recoating of ground storage tank and M.U.D., Texas 281)363-4039 hydro-tank. 69,000 Harris County Fresh Lockwood,Andrews and Water line aerial crossing recoatings of Water Supply District Newnam, Inc. seven locations. 95,000 61, Texas 713 266-6900 Hobart,Wisconsin Lee&Associates Repainting of 300,000 gallon spheroid 920)662-9641 elevated water tower. 225,000 Universal City,Texas Thonoff Consulting Renovation and painting of elevated Engineers 500,000 gallon tank and 500,000 gallon 654,000 512 328-6736 standpipe. Kenedy-EI Oso, Texas KLM Engineering Repair and painting of exterior surfaces 210)828-7070 of an elevated tripod 75,000 gallon water 56,000 storage tank. New Brighton, Bolton and Menk Repairs and recoating of interior and Minnesota 952)890-0509 exterior 1.0 million gallon elevated tank. 827,000 Erving, Massachusetts Tighe and Bond Engineers Abrasive blasting, interior and exterior 413)572-3228 recoating of 600,000 gallon ground 109,000 storage tank. Brooklyn Park, Short, Elliot, Hendrickson Repainting of elevated spheroid 1.0 Minnesota 800)325-2055 million gallon tank. 167,000 Harris County District Lockwood,Andrews and Rehabilitation, interior and exterior 61,Texas Newnam, Inc. surface preparation and coating of two 240,000 713)266-6900 27,000 gallon hydropneumatic tanks and two 250,000 gallon ground storage tanks. West Wise S.U.D., Daniel and Brown Rehabilitation of 100,000 gallon elevated Texas 972)784-7777 water tank. 76,000 Wylie Northwest S.U.D., Daniel and Brown Rehabilitation of 150,000 gallon elevated Texas 972) 784-7777 water tank. 106,500 Spring Creek Forest, Cobb Fendley Rehabilitation of ground storage tank. Texas 713)462-3242 22,500 City of Conroe,Texas City of Conroe,Texas Rehabilitation of ground water well. 936) 522-3000 75,000 Harris County District Lockwood,Andrews and Rehabilitation of 580,000 gallon ground 52,Texas Newnam, Inc. storage tank. 66,500 713 266-6900 Warren County Board of Warren County Engineer 1.0 million gallon Dearth elevated Commission,Ohio 513) 695-1377 storage tank and booster station building 466,000 protective coatings project. City of Dublin, Ohio City of Dublin Engineer Containment and preparation for 2 614) 410-4600 614) 410-4600 million gallon water tower for new coating 497,000 system.Avery Road tank Clermont County Board Clermont County Engineer Surface preparation and re-coating of a of Commission, Ohio (513) 732-7300 100,000 gallon and a 200,000 gallon 453,000 elevated tank Southwest Regional Norma Pennock South Treatment Plant Clearwell No.2- Water District, 400,000 gallon water storage tank- 151,000 Hamilton, Ohio repaint interior and exterior. Harris County M.U.D. Sherrington, Inc.Recoating exterior surfaces of storage 168,Texas 281) 758-1531 and pressure tanks, above ground piping 205,892 and control buildings at Water Plant#1 and#2. Carroll Water and Nelson Tank Engineering 500,000 gallon elevated tank interior and Sewer, Oak Harbor,and Consulting exterior painting and repair. 125,000 Ohio 513 321-1692 Harris County M.U.D. Sherrington, Inc.Recoating of interior hydropneumatic 23,Texas 281)758-1531 tank and cleaning of and furnishing and 35,000 installing of cathodic protection system in the GST at Water Plant#1. Hayes Consol Indep. Dunham Engineering Bleacher repair Shelton Stadium. 85,500SchoolDist.,Texas 979)690-6555 City of Marysville, Ohio City of Marysville Engineer Fladt Road water tower painting 1.0 937) 642-0116 million gallon hydro pillar-wet 143,000 interior/dry exterior, Nueces County Water Urban Engineering 2009 200,000 Elevated Storage Control and 361) 854-3101 Maintenance Port Aransas and 40,000 168,500 Improvement District Ground Storage Maintenance Beasley No.4, Port Aransas, Pump Station. Texas Harris County Fresh Lockwood,Andrews and Recoating-interior and exterior of two Water Supply District Newnam, Inc. 27,000 gallon hydropneumatic tanks,240,000 61,Texas 713)266-6900 Interior and exterior of two 250,000 anon round storage tanks. Clear Lake City Water Lockwood,Andrews and Exterior recoating of 1.0 million gallon Authority,Texas Newnam, Inc. elevated storage tank#3. 181,200 713) 66-6900 Rochester Public Rochester Public Utilities Water Storage Tank Repair-repainting Utilities, Minnesota 507) 280-1540 300,000 gallon County Club Manor Main 109,000 High Level Tower#89. South Middleton, Glace Associates Elevated/Welded Steel 500,000 gallon Pennsylvania 717) 731-1579 Potable Water Storage Tank#1. Interior 208,000 and exterior repairs, modifications, u cleapigg and repainting. City of Beaumont, Schaumberg&Polk Repainting of 5.0 million gallon steel Texas 409)866-0341 ground storage tank. Loeb steel ground 127,000 storage tank rehabilitation. Bissonnet M.U.D.- Jones and Carter Bissonnet M.U.D.Water Plant#1 and#2 McDonald Electric, 713-777-5337 improvements. Exterior GST at each 245,000 Houston,Texas plant and hydrotank. Interior GST, control building,fuel containment structure. Bolivar Penninsula Dunham Engineering Interior and exterior of 1.0 million gallon Special Utilities 979)690-6555 ground storage tank. 290,500 District, Crystal Beach,Texas City of Highland Village, BW2 Engineers Interior and exterior of 300,000 gallon Texas 972)864-8200 Oak Street ground storage tank. 115,000 Harris County M.U.D. LJA Engineering Water Plant#1 repainting of two 20,000 120,Texas 713)953-5200 gallon hydropneumatic tank interior and 56,400 exterior. Pecan Grove,Texas Dunham Engineering Rehab and recoat four tanks:two ground 281) 238-5000 979)690-6555 storage at 542,000 gallons each and two 279,000 pressure tanks at 20,000 gallons each Muskingum County,Vaughn, Coast&Vaughn Repairs,surface preparation, recoating Ohio 740)695-7256 interior/exterior of 500,000 gallon welded 234,000 carbon steel multi-leg elevated tank The Borough of City of Hanover Engineer Reconditioning of 500,000 gallon Hanover, Ron Orndorff elevated storage tank. 525,000 Pennsylvania 717) 637-3877 City of Lewisville,Texas City of Lewisville, Texas Remove existing paint and repainting of 972) 219-3400 a 1.0 million gallon ground storage tank 186,000 interior and exterior. City of LaGrange,Texas Dunham Engineering 150,000 gallon standpipe water storage 979) 968-5805 979)690-6555 tank rehabilitation interior and exterior.82,000 City of Thrall,Texas Hejl, Lee&Associates Rehabilitation and repaint of 100,000 512)642-3292 gallon welded steel elevated water 147,000 storage tank. Northwest Harris County Edminster, Hinshaw, Russ Recoating and improvements to M.U.D.#6,Texas 713)784-4500 hydropneumatic tanks. 56,500 Clear Lake City Water Lockwood,Andrews and Surface preparation, interior/exterior Authority,Texas Newnam, Inc. recoating of a 1 million gallon elevated 358,000 281) 488-1164 713)266-6900 storage tank#4. City of Spring Valley HDR/Claunch&Miller Emergency repairs and paint a Village,Texas 713) 622-9264 hydropneumatic tank. 25,750 City of Burkburnett, Corlett, Probst&Boyd Preparation and painting of 250,000 Texas 940) 723-1455 gallon elevated storage tank exterior- 204,000 includes removal and disposal of lead aint. Windfern Forest Utility Jacobs Engineering Group Recoat interior and exterior of a welded District,Texas 281)776-2170 ground storage tank and hydropneumatic 176,325 tank. City of Liberty,Texas Schaumberg&Polk Rehabilitation of a 1 million gallon ground 936) 336-3684 409)866-0341 water storage tank and a 200,000 gallon 495,000 elevated water tank Charter Township of Dixon Engineering Wet interior repaint of 500,000 gallon Meridian, Michigan 616)374-3221 hydropillar water tank. 85,000 517 853-4000 City of Dayton,Texas O'Malley Engineers Surface preparation and coating of 936) 258-2642 979) 836-7937 interior and exterior of 450,000 gallon 270,100 ground storage tank. Jackrabbit Public Utility Sander Engineering Recoating of ground storage 263,000 District 713) 784-4830 tanks and hydro-pneumatic 7130 405-1750 tanks at Water Plant#3 City of Thrall,Texas Hejl, Lee and Associates Rehab and recoat a 100,000 gallon 147,000 512) 642-3292 welded steel elevated water storage tank Lake Forest-Lockwood,Andrews and Surface preparation and coating of Malcomson Road Newnam, Inc. exterior surfaces of 12"aerial water line 24,500 Utility District,Texas Kelly Shipley crossing 713) 821-0475 City of Hudson, Short Elliott Hendrickson Prepare surface and paint interior/ Wisconsin Dan Zienty exterior of a 750,000 gallon hydropillar 514,000 715) 386-4765 651) 490-2160 water tower Harris County Municipal Huitt-Zollars, Inc. Surface preparation and coating of two Utility District#53 281) 496-0066 ground storage tanks 226,000 Town of Cloverdale,Norman Noe, Inc. Clean and recoat ing of interior/exterior, Indiana 317) 933-2274 minor repairs to 880,000 gallon water 152,000 storage standpipe City of Dublin,Ohio City of Dublin Engineer Repair,sandblast and repaint exterior of 614) 410-4600 614) 410-4600 a 2,000,000 gallon steel hydropillar 532,000 elevated water storage tank-Blazer Rd. Seaworld Parks and Seaworld Parks and Painting of Great White Coaster at Entertainment Entertainment, Inc. Seaworld Park 123,000 210) 523-3022 City of Edina, Minnesota City of Edina-Public Clean, repair and paint a 1 million gallon 452,000 952 826-0376 Works (952) 957-8861 elevated water tower Point Aquarius Munic. Huitt-Zollars, Inc. Preparation and coating of ground 53,000 District-Texas 281) 496-0066 storage tank#1 City of Southlake,Texas Cheatham and Associates Preparation,coating and painting of 817) 748-8098 817) 548-0696 interior/exterior surfaces of a 5 million 698,100 gallon ground tank City of Andover, Short Elliott Hendrickson Surface preparation and recoating of the Minnesota Dan Zienty interior/exterior of a 500,000 gallon fluted 384,000 763) 755-5100 651) 490-2000 column water storage tank Monroe County, Nelson Tank Engineer Sandblast and repaint interior/exterior of Michigan Drain Keith Nelson two 500,000 gallon elevated tanks in 473,500 Commissioners 517 321-1692 Luna Pier and LaSalle, Michigan City of Muskegon, City of Muskegon Public Miscellaneous metal repairs, sandblast Michigan Works&Utilities and painting of interior of two 1,000,000 167,000 231) 724-4100 gallon elevated tanks Village of Newberry,Gourdie-Fraser Sandblast, containment and painting of Michigan 231) 946-5874 interior/exterior of a 100,000 gallon 335,500 elevated water storage tank City of Wharton,Texas Dunham Engineering Rehabilitation and painting of two 979) 532-2491 979)690-6555 500,000 gallon steel ground storage 284,000 tanks Kleinwood MUD,Texas Jones and Carter, Inc. Recoating for Phase II of Water Plants Dick Yale 713)777-5337 1 and#2 of two 428,000 gallon ground 94,500 713) 651-0111 storage tanks. City of Baytown,Texas City of Baytown Engineer Miscellaneous structural repairs, Jose Pastrana containment, sandblasting and repainting 875,000 Q281) 420-5311 of interior/exterior of two 500,000 million multi-column elevated water storage tanks City of Red Wing, KLM Engineering Miscellaneous repairs,sandblasting and Minnesota Jack Kollmer interior/exterior coating system 198,750 651) 385-5112 651 773-5111 State of Michigan-Dept Nelson Tank Engineering Repairs, containment, sandblasting and of Corrections- Keith Nelson re-coating of interior/exterior of a 280,000 Woodland Correct'I 517) 321-1692 100,000 gallon elevated tank Facility Harris MUD#152 Pate Engineers Rehabilitation, repainting of one 420,000 713) 462-3178 gallon ground storage tank and two 129,710 20,000 gallon h drostacks 11/17/2015 M. K. Painting, Inc. Equipment List Power washers (8 total) 2 - steam assisted units 1 - 6000 PSI unit 5 - 4000 PSI units Air climbers (49 total) 25 - air powered 24 - electric spider Dust collection units (4 total) 2 - 30,000 CFM units 2 - 40,000 CFM units Blast Pots (14 total) 6 - 800 pound pots 1 - six ton pot 6 - eight ton pots 1 - nine ton pot Containment systems 5 - full systems to completely cover a tank Numerous additional tarps Decontamination trailers 3 units Steel grit recycling units 3 units Spray pumps (15 total) 13 - airless pumps 1 - high solids specialty paint pump - Carboline 1 - high solids specialty paint pumps - Tnemec Welders 5 - large mobile units mounted on trailers 2 - smaller mig welders Winches 12 - large air powered winches to lift the containment systems Dehumidification 3 - large 6500 by DH Technologies 11/17/2015 M. K. Painting, Inc. 2 - Equipment List Fork lift at the shop Trailers (14 total) 9 - semi trailers 5 - flat beds 4 - enclosed 5 - enclosed contractor-type trailers Air compressors (11 total) 4 - 1600cfm 3 - 1300 cfm 1 - 260 cfm 3 - 185 cfm Trucks 8 - pick ups 3 - semi tractors Bobcat - 1 each CERTIFICATION Page 19 of 24 CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Additionally, the undersigned affirms that the firm is w'.-' to sign the enclosed Standard Form of Agreement if applicable). Signed By:Title: Typed Name: `/O R J E E1.L Company Name: 'eO/&41-1416 f'le-- Phone No.: 73V'26 Fax No.: Email: i.Vfin m kpge vj-t v q& q P1Ct %1 .conn Bid Address: Il-5-7 SEY&-7JW-1 lUl7AA.100779 Y/ P.O. Box or Street City State Zip Order Address: S.OY` 5 P.O. Box or Street City State Zip Remit Address: P.O. Box or Street City State Zip Federal Tax ID No.: DUNS No.: Date: / / 7 END OF BID#16-022 Page 20 of 24 CONDITIONS OF AGREEMENT Page 21 of 24 CONDITIONS OF AGREEMENT CONTRACT DOCUMENTS STANDARD SPECIFICATIONS FOR CONSTRUCTION--CITY OF COLLEGE STATION The City of College Station has adopted standards for streets and water and sewer construction. These City standards are hereby made a part of these technical specifications. Copies of the City's most recent edition of the "B/CS Unified Water and Sewer Specifications" and the most recent edition of the City's "Standard Specifications for Street Construction" may be purchased from Development Services office at 1101 Texas Avenue in College Station. Any discrepancies between the City standards and these specifications shall be clarified per the instructions in Paragraph 8.0, "INTERPRETATIONS AND ADDENDA"in the instructions to Bidders. GENERAL CONDITIONS OF AGREEMENTS The Standard Form of Agreement between Owner and Contractor shall be governing conditions of this contract. SPECIAL PROVISIONS OF AGREEMENT A. USE OF THE SPECIFICATIONS: These specifications shall be used in conjunction with the City of College Station's Standard Specifications of Water and Sewer Construction and Street Construction as outlined above. B. MEASUREMENTS: All work not specifically set forth as a pay item in the Proposal shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the various unit prices listed in the Proposal. C. QUANTITIES: Where unit quantities are shown on each bid item of the Proposal, they shall be construed to represent approximate quantities of Work to be completed. Final quantities will be determined by measurement on the site of the completed Work. Work performed outside of specified limits will not be included in final measurement. Bidders are hereby notified that no incidental items of the Work will be paid for unless it is listed in the Proposal form as a pay item. D. EXPLOSION, COLLAPSE AND UNDERGROUND HAZARDS (XCU): Contracts where trenching depths exceed twelve(12) feet shall require additional coverage for the following General Liability hazards: Explosion Applies to blasting operations Collapse Applies to excavation and grading work adjacent to structure Page 22 of 24 Underground Applies to excavation, burrowing, trenching, tunneling, etc. For example, severing an electrical line during excavation operations. An additional premium may be assessed by contractors insurance provider. Successful contractor is responsible for assessing depth based on plans and specifications contained herein. TRAFFIC CONTROL The Contractor shall submit to the City Engineer a traffic control plan for each public right-of- way he enters prior to the pre-construction meeting. This plan shall be in conformance to the Texas Manual on Uniform Traffic Control Devices. Once reviewed, the plans will be returned to the Contractor with comments. Approved Traffic Control Plans shall be in the possession of the contractor on site during all work within the designated right of way. CONTRACT FORMS, BONDS AND CERTIFICATES The Standard Form of Agreement bond forms listed below will be made a part of the executed contract documents and are made a part of these specifications: CITY OF COLLEGE STATION STANDARD FORM OF AGREEMENT BETWEEN THE OWNER AND THE CONTRACTOR PERFORMANCE BOND PAYMENT BOND These forms are not to be filled in by the bidder at the time of submitting his proposal. Page 23 of 24 STANDARD FORM OF AGREEMENT FOR CONSTRUCTION Page 24 of 24 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT CONTRACT NO. 16300090 This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal corporation (the "City") and M.K. Painting, Inc., a corporation (the "Contractor"), for the Park Place Water Storage Tank Rehabilitation Project. 1.DEFINITIONS 1.01. Calendar DU. A "calendar day" is any day of the week or month, no days being excepted. 1.02. City. Whenever the word "City" is used,it shall mean and be understood as referring to the City of College Station,Texas. 1.03. Ci ,'s Representative. Whenever the words "City's Representative" or "Representative" are used,it shall mean and be understood as referring to the City Manager or his delegate,who shall act as City's agent. The City's Representative may inspect and issue instructions but shall not directly supervise the Contractor. 1.04. Contract Amount. The term "Contract Amount" shall mean the amount of Contractor's lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor's Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices times the respective estimated final quantities of work,for all base bid and alternates, as accepted by the City. 1.05. Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.06. Contractor. Whenever the word "Contractor"is used,it shall mean the person(s),partnership, or corporation who has agreed to perform the work embraced in this Agreement and the other Contract Documents. 1.07. Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.08. Final Completion. The term "Final Completion" shall mean that all the work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.09. Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", considered necessary", "prescribed", or words of like import are used,it is understood that the direction, requirement,permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.10. Nonconforming work. The term "nonconforming work" shall mean work or any part thereof that is rejected by City's Representative as not conforming with the Contract Documents. 1.11. Parties. The "parties" are the City and the Contractor. Form Revised on 7-10-12 Contract No. 16300090 Page 1 1.12. Project. The term "Project" shall mean and include all that is required to obtain a final product that is acceptable to the City. The term "work" shall have like meaning. 1.13. Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.14. Substantiall)Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project,including all systems and improvements,is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price,including retainage,however, shall be withheld until Final Completion and acceptance of the work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.15. Work. The term "work" as used in this Agreement shall mean and include all that is required herein to obtain a final product that is acceptable to the City. The term "Project" shall have like meaning. This Project includes the following: Replace the interior and exterior paint coatings and miscellaneous steel repairs on the 3 MG water storage tank at Park Place Drive as more formally described in ITB 16-022. (Includes Bid Alternates A.1 —A.3) 1.16. Working Dai. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2.CONTRACT DOCUMENTS 2.01. The Contract Documents and their priority shall be as follows: 2.01.01. This signed Agreement 2.01.02. Addendum to this Agreement 2.01.03. General Conditions 2.01.04. Special Conditions 2.01.05. Technical specifications 2.01.06. Drawings 2.01.07. Instructions to Bidders and any other notices to Bidders or Contractor 2.01.08. Performance bond,Payment bonds, Bid bonds and Special bonds 2.01.09. Contractor's Proposal 2.02. Where applicable, the Contractor will be furnished three (3) sets of plans, drawings, specifications, and related Contract Documents for its use during construction. Plans and specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03. The Contractor shall distribute copies of the plans and specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the plans and specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the work contemplated by this Agreement, additional sets of drawings,plans and specifications may be purchased by the Contractor. 2.04. All drawings, specifications, and copies thereof furnished by the City shall not be re-used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents,including sets of the plans and specifications and "as built" drawings, are to be returned to the City on request at the completion of the work. All Contract Documents, models,mockups, or other representations are the property of the City. In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more Form Revised on 7-10-12 Contract No. 16300090 Page 2 stringent requirement, either or both in accordance with the City's interpretation. The terms and conditions of this Clause 2.04,however, shall not relieve the Contractor of any of the obligations set forth in Paragraphs 8.01. and 8.02. 3.AWARD OF CONTRACT 3.01. Upon the award of the contract by the City Council, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents,bonds, and certificates of insurance required herein. 3.02. Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the work in the most expedient and efficient possible manner in order to complete the work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the notice to proceed. The notice to proceed may be given by oral notification or set by City's Representative at the post-contract award conference. The notice to proceed may not be given, nor may any work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments,particularly those required under Paragraphs 27 and 28 (Insurance & Bonds). 3.03. Contract Amount. Except in the event of a duly authorized change order approved by the City as provided in this Contract, and in consideration of the Contractor's final completion of all work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Three Hundred Five Thousand and No/100 Dollars ($305,000.00). 4.CITY'S REPRESENTATIVE 4.01. The Contractor shall forward all communications,written or oral, to the City through the City's Representative. 4.02. The City's Representative may periodically review and inspect the work of the Contractor. 4.03. The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the work performed under this Agreement and ensure that said work is performed in accordance with the plans and specifications. 4.04. The Contractor shall regard and obey the directions and instructions of City's Representative, any subordinate supervisors or inspectors appointed by the City provided such directions and instructions are consistent with the obligations of this Agreement. 4.05. Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may,within two (2) days from receipt of such order,make written appeal to City's Representative for his decision. Form Revised on 7-10-12 Contract No. 16300090 Page 3 5.INDEPENDENT CONTRACTOR 5.01. 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 of the work on the Project. The Contractor shall have ultimate control over the execution of the work under this Agreement. 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 Agreement. 5.02. The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the work and fulfillment of this Agreement. The subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project during the progress of the work a competent Project Manager and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.03. Unless otherwise stipulated, the Contractor shall provide and pay for all labor,materials, tools, equipment, transportation,facilities, and drawings,including engineering, and any other services necessary or reasonably incidental to the performance of the work by the Contractor. It shall be the responsibility of the Contractor to furnish a completed work product that meets the requirements of the City. Any additional work,material, or equipment needed to meet the intent of this specification shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.04. Any injury or damage to the Contractor or the Project caused by an act of God,natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6.DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the work are,in his opinion,incompetent,unfaithful, or disorderly, such person or person shall be discharged from the work and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7.HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime,weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8.NATURE OF THE WORK 8.01. It is understood and agreed that the Contractor has,by careful examination, studied and compared the various Drawings and other Contract Documents, satisfied itself as to the nature and location of the Form Revised on 7-10-12 Contract No. 16300090 Page 4 work, the conditions of the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the work, the time needed to complete the work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions,including but not limited to weather, and all other matters that in any way affect the work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors,inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any work on the Project that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02. Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the City,but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances,building codes, and rules and regulations,but any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03. If the Contractor fails to perform the obligations of Paragraphs 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors,inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9.POST-AGREEMENT AWARD MEETINGS 9.01. Prior to the commencement of the work, the parties shall meet and attend a post-agreement award meeting at the time and place determined by City's Representative. At the post-agreement award meeting, the parties shall meet, discuss, and finalize all schedules,including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post-agreement award meeting, the Contractor shall submit to City's Representative the following documents: a) Schedules of work contemplated,including the starting and ending date, as well as an indication of the completion of stages of work hereunder. b) The names and addresses of all proposed subcontractors in writing. c) Schedules of the starting and ending dates of subcontractors and the scope of work contemplated for subcontractors. d) Name,local office,phone number and addresses and,home phone numbers for the Contractor and its Project Superintendent/Manager. e) For construction projects,four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. f) Where applicable,materials procurement schedules and material supplier names, addresses and phone numbers. Form Revised on 7-10-12 Contract No. 16300090 Page 5 9.02. The City's Representative,within five (5) working days after the initial post-agreement award conference or any other meetings,may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions,in such order of precedence, and in such manner as shall be most conducive to the economy of the Project;provided,however, that the order and time of prosecution shall be such that the Project shall be Substantially Completed in accordance with this Agreement, the plans and specifications, and within the time of completion designated in the schedules agreed upon by the parties. 10.02. Further, the parties shall be subject to the following: a) The Contractor shall submit a progress schedule and payment schedule of the work contemplated by this Agreement at the initial post-agreement award meeting and subsequent meetings. b) City's Representative shall be entitled to make objections to the Contractor's schedule submitted herein. The Contractor shall promptly resubmit a revised schedule to City's Representative. c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities,which may be reviewed on a daily basis. d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and the estimated dates of completion of the several parts. e) The Contractor shall attend additional meetings called by City's Representative upon twenty- four (24) hours written notice unless otherwise agreed in writing by the parties. f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. g) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03. The process of approving Contractor's schedules and updates to Contractor's schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor's schedules. Approval of a contractor's schedules does not constitute a commitment by the City to furnish any City-furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance Form Revised on 7-10-12 Contract No. 16300090 Page 6 with the requirements of the construction schedules and shall promptly advise the City of any delays or potential delays. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04. Work Stoppage. If in the judgment of either the City or City's Representative any of the work or materials furnished is not in strict accordance with this Agreement or any portion of the work is being performed so as to create a hazardous condition, they may,in their sole discretion, order the work of the Contractor or any sub contractor wholly or partially stopped until any objectionable person,work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement,including the time of performance and deadlines therefore,nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11. SITE CONDITIONS AND MANAGEMENT 11.01. Where the Contractor is working around or in existing structures,it shall verify conditions at the site,including but not limited to, door openings and passages. Any items constructed or manufactured off- site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02. The Contractor shall be responsible for all power,light, and water required to perform the work. 11.03. Throughout the progress of the work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04. Layout of Work. Except as specifically provided herein, the Contractor shall lay out all work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request,but this review does not relieve the Contractor of the responsibility of accurately locating all work in accordance with the plans and specifications. 11.05. Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control stakes have been provided by the City's Representative. All benchmarks and control stakes shall be carefully preserved by the Contractor. In case of destruction or removal of the same by the Contractor,its subcontractors, or employees, such stakes,marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the work,including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06. Contractor's Structures. The building or locating of structures for housing men or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City,its property, or third persons as a result of the location or use of such structures. Form Revised on 7-10-12 Contract No. 16300090 Page 7 11.07. The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.08. City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. Although Contractor should anticipate some delays and interference to its sequence of Work because of work by other contractors and utilities, and will not be entitled to either an extension of time or additional compensation because of them,in the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.09. When two or more contractors,including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor,including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work at the Project site be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages,losses and expenses including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01. Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, codes,manufacturer's instructions and guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply,unless another edition is specified in the Contract Documents. References to standards, codes,manufacturer's instructions and guarantees shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. 12.02. All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement,bailment,lease, or other Form Revised on 7-10-12 Contract No. 16300090 Page 8 agreement reserving unto seller any right, title, or interest therein. Title to all materials,but not risk of loss, shall pass to the City upon delivery to the Project. 12.03. Where the City deems it necessary to supply materials,it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. b) Further, the Contractor shall repair,repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. d) The City shall not be obligated to furnish materials in excess of the quantities, size,kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. e) Upon delivery, the Contractor shall promptly receive,unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04. Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished,reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05. Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work,it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01. The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. Form Revised on 7-10-12 Contract No. 16300090 Page 9 13.02. The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the work will be ready for observation. 13.03. The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the plans, specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection,prior to covering up the work, and fails to do so,if the work is in accordance with the plans, specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04. City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further,insurance changes required to keep Contractor's insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01. All work deemed not in conformity with this Agreement as determined by the City in its sole discretion,may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents,regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations,inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02. If the work or any part thereof is rejected by the City,it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01. The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02. Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Form Revised on 7-10-12 Contract No. 16300090 Page 10 Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01. The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such,is exempt from the payment of the sales tax on materials and supplies used in the performance of this Contract. The Contractor shall issue exemption certificates to its suppliers and Subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State Comptroller's Ruling No. 95-0.07 and shall be subject to the provision of the State Comptroller's Ruling No. 95-0.09, effective October 1, 1969. 16.02. Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work,prepared in such form and supported by such data to substantiate its accuracy as the City may require. This schedule, unless objected to by the City, shall be used as a basis for reviewing the Contractor's Applications for Payment. On or before the 5th day of each month, the Contractor shall submit to City's Representative, for approval or modification, a statement showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the work. 16.03. Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Paragraph 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion,progress payments will be made in an amount equal to the percentage of work completed by the Contractor and approved by the City,but in each case less the aggregate of payments previously made,less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion,including the delivery of all close out documents, such as "as built" drawings,warranties,guarantees,required additional materials,releases, operation and maintenance manuals, and acceptance of the work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement,less any sums withheld under other terms of this Agreement and less the retainage,which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04. Retainage. From each approved statement, the City shall retain until final payment, ten percent 10%),where the full contract amount is less than $400,000.00, and five percent (5%),where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. 16.05. If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06. Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight& transportation costs and any re-stocking charges actually incurred by the Form Revised on 7-10-12 Contract No. 16300090 Page 11 Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job,whether bid on a unit price or lump sum basis. 16.07. The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City,without the specific written approval of the City. 16.08. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct,but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09. Unless otherwise provided in the Contract Documents: a) allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes,less applicable trade discounts; b) Contractor's costs for unloading and handling at the site,labor,installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; c) whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Paragraph 16.9(a) and (2) changes in the Contractor's costs under Paragraph 16.9(b). 16.10. Suspension of Payments. The City, at any time,may suspend monthly progress payments on the work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the work in accordance with this Agreement or within the time period submitted in its bid. Provided,however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Paragraph. 16.11. Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Paragraph 16.04,withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: a) Defective work. b) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. c) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. d) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. e) Claims made or reasonable evidence indicating claims will be made for damage to third parties,including adjacent property owners. f) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. g) City's determination of an amount of liquidated damages. h) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. Form Revised on 7-10-12 Contract No. 16300090 Page 12 i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. Provided,however, City is in no way obligated to Contractor's surety to withhold payment pursuant to the provisions of this Paragraph. 17. EXTRA WORK CHARGES 17.01. No changes shall be made,nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in Paragraph 1.07 and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of$1 million or more may not be increased by more than twenty-five percent(2501o). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than$1 million increases the contract amount to $1 million or more, subsequent change orders may not increase the revised contract amount by more than twenty-five percent(2501o). Written change orders may be made or approved by the City Manager or his delegate if the change order is less than Fifty Thousand Dollars 50,000.00). Changes in excess of Fifty Thousand Dollars($50,000.00)must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties,nor implied acceptance of alterations or additions to the Work or changes to the Contract schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor's requested change order and Contractor's failure to include any such cost shall act to Waive and Release any claim for such non included cost. 17.03. The Contractor shall complete all work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the work shall not excuse the Contractor from performing all the work undertaken,whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the work and the Contractor shall assume and pay the costs of the performance of the work as contracted. a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time,it shall make written request to City's Representative for a written order from City authorizing such Extra Work. c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Form Revised on 7-10-12 Contract No. 16300090 Page 13 Method A - By agreed unit prices, or Method B - By agreed lump sum, or Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost of the work. e) Method A- Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents,it shall construct such units for a price arrived at as follows: 1) The cost of materials shall be determined by the invoices; 2) The cost of labor shall be the reasonable cost thereof, as determined by the City,but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. g) Method C -Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks,rentals on machinery and equipment,for the time actually employed or used for such Extra Work,plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work,including social security, old age benefits,maintenance bonds,public liability,property damage,worker's compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: 1) No indirect or consequential damages will be allowed. 2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned manloading to actual manloading, or any other analysis that is used to show damages indirectly. 3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. 4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the Form Revised on 7-10-12 Contract No. 16300090 Page 14 total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01. The date of beginning, the time for Substantial Completion and Final Completion of work as specified in this Agreement are of the essence of this Agreement. 18.02. The work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post-award conference. 18.03. The work shall be Substantially Completed within the time bid,which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid 120 calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04. The work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION 19.01. The Contractor shall notify City's Representative when,in the Contractor's opinion, the contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the work has been Substantially Completed, City's Representative shall inspect the work for the preparation of a final punch list. a) If City's Representative and the City find that the work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the work. City's Representative shall not be required to provide a list of unfinished work. b) If the City Representative and City find that the work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02. The Substantial Completion of the work shall not excuse the Contractor from performing all of the work undertaken,whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01. Contractor shall notify the City's Representative when it believes that the work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02. The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03. Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the Form Revised on 7-10-12 Contract No. 16300090 Page 15 City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the work. 21. DELAYS 21.01. The Contractor,in undertaking to complete the work within the times herein fixed,has taken into consideration and made allowance for all hindrances and delays incident to such work,whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02. The City may,in its sole discretion, delay the work during inclement weather in order to preserve the Project,insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for such stoppage of the work. 21.03. In the event of delays resulting from changes ordered in the work by the City or other delays caused by the City or for the City's convenience, the Contractor may apply to the City for recovery of incidental damages resulting from increased storage costs or other costs necessary to protect the value of the work. In no event shall any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including,but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the work has been delayed by one or more of the following: 1) an act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; 2) by changes ordered in the work, or reductions thereto approved in writing; 3) by"rain days" (days with rainfall in excess of one-tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality,both as determined by the Texas A&M University weather service; or 4) by other causes that the City and the Contractor agree may reasonably justify delay and that were beyond the Contractor's reasonable control and ability to estimate,predict, or avoid, such as delays caused by unforeseen labor disputes,fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/or accounted for in the Contractor's proposal or decision to bid. If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time,within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time,which is supported by all requested documentation, the City shall,in writing and in its sole discretion,grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01. The time for the Substantial and Final Completion of the work described herein are reasonable times for the completion of each, taking into consideration all conditions,including but not limited to the Form Revised on 7-10-12 Contract No. 16300090 Page 16 average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02. As a result of the difficulty in estimation, calculation and ascertainment of City's damages due to a failure of Contractor to achieve timely completion of the Work,if the Contractor should neglect,fail, or refuse to either Substantially Complete or Finally Complete the work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty,but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01. The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02. The Contractor shall take the necessary precautions to protect any areas ad)acent to its work. 24.03. The work specified consists of all work,materials, and labor required by the City to repair any damage to the property of the City,including but not limited to structures,roadways, curbs,parking areas, and sidewalks. 25. WARRANTY 25.01. Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (1) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative and that all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25.02. All work not conforming to these requirements,including but not limited to unapproved substitutions,may be considered defective. 25.03. This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04. Where more than a one (1) year warranty is specified for individual products,work, or materials, the longer warranty shall govern. Form Revised on 7-10-12 Contract No. 16300090 Page 17 25.05. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06. Defective Work Discovered During Warranty Period. If any of the work is found or determined to be either defective,including obvious defects, or otherwise not in accordance with this Agreement within one (1) year after the date of the issuance of a certificate of Final Completion of the work or a designated portion thereof,whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly correct the defective work at no cost to the City. 25.07. After receipt of written notice from the City to begin corrective work, the Contractor shall promptly begin the corrective work. The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08. If within ten (10) calendar days after the City has notified the Contractor of a defect,failure, or abnormality in the work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09. The cost of all materials,parts,labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10. The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one 1) year warranty shall cover all work, equipment, and materials that are part of this Project,whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01. Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code,wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02. Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code,if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03. The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable,without discount, no less than once each week. 26.04. No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn,legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day,rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions except as shown) have been made or will be made in the future from the wages therein shown. Form Revised on 7-10-12 Contract No. 16300090 Page 18 26.05. Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors,materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall,where no payment bond covers the work, upon written notice from the City,immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06. Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor,materials, and incidentals incurred have been paid in full, that any claims from manufacturers,materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01. 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 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, coverages,limits and endorsements required are as set forth in Exhibit B. 28. BOND PROVISIONS 28.01. Pursuant to Section 2253.021 of the Texas Government Code,for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City mmy require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City's discretion, such bonds shall be executed in accordance with all requirements of Article 7.19-1 of the Texas Insurance Code, all other applicable law, and the following: a) The Contractor shall execute performance and payment bonds for the full Contract Amount. b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents,which are attached as Exhibit C, together with valid original powers of attorney, at the time of execution of this Agreement and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit C. d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the work and shall be extended for any warranty work to cover the warranty period. e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten 10) days such other bond or bonds,which bond or bonds shall assure performance or payment as required. 28.02. The Contractor may make such changes and alterations as the City may require in the work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim Form Revised on 7-10-12 Contract No. 16300090 Page 19 for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned,in accordance with the provisions of Article 17. 29. SURETY 29.01. If the Contractor has abandoned the Project or the City has terminated the contract for cause and the Contractor's Surety, after notice demanding completion is sent, fails to commence the completion of the work in compliance with this Agreement, then the City at its option may provide for completion of the work in either of the following manners: 29.01.01. The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the work and charge the expense of such labor,machinery, equipment, tools,materials, and supplies to said the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. 29.01.02. The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City's damages due to Contractor's abandonment and/or default,including liquidated damages, as provided pursuant to Paragraph 38, entitled"TERMINATION FOR CAUSE" shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02. Should the cost to complete the work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the site of the work,notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement;provided,however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale,with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03. In the event the account shows that the cost to complete the work is less than that which would have been the cost to City had the work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01. The Contractor's work and materials shall comply with all state and federal laws,municipal ordinances,regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. Form Revised on 7-10-12 Contract No. 16300090 Page 20 30.02. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03. The Contractor shall follow all applicable state and federal laws,municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01. All safety measures,policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Atte.: Assistant Chief'. 31.02. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons,property, and the work as may be necessary. 31.03. The Contractor shall be held responsible for all damages to property,personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04. Contractor agrees that it shall not transport to, use,generate, dispose of, or install at the Project site any Hazardous Substance (as defined in Paragraph 31.07, except in accordance with applicable Environmental Laws. Further,in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment,including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as hereafter defined at Paragraph 31.07). In the event Contractor engages in any of the activities prohibited in this Paragraph 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages,losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs,punitive damages and attorneys' fees, arising out of, incidental to or resulting from the activities prohibited in this Paragraph 31.04. 31.05. In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site,in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06. City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance,but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be Form Revised on 7-10-12 Contract No. 16300090 Page 21 required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07. For purposes of this Agreement, the term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture,which are defined as a hazardous substance by any local, state or federal law,rule, ordinance,by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure,including,without limitation,The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),The Resource Conservation and Recovery Act ("RCRA"),The Toxic Substances Control Act ("TSCA"),The Clean Water Act ("CWA"),The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"),The Occupational Safety and Health Act ("OSHA"),The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean- up or disclosure statutes including all state and local counterparts of such laws (all such laws,rules and regulations being referred to collectively as "Environmental Laws"). It is the Contractor's responsibility to comply with this Paragraph 31.07 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Tex. Health& Safety Code Ann. §756.022- 023 (Vernon 1992), as amended, and the requirements of 29 C.F.R., Sections 1926.650 through 1926.653 inclusive, "Excavation,Trenching and Shoring," of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty,responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City the name of the "competent person" required by OSHA standards to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01. CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH,AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON Form Revised on 7-10-12 Contract No. 16300090 Page 22 UNDER THIS CONTRACT. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO,AND INCLUDE,ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT,JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02. The indemnifications contained in paragraphs 33.01 shall include but not be limited to the following specific instances: a) In the event the City is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the City for such damage. b) The Contractor shall indemnify and hold harmless and defend the City from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. c) The Contractor shall indemnify and hold harmless and defend the City from any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. d) The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. e) The Contractor shall also be responsible for the removal of all related debris. f) The Contractor shall also be responsible for subcontractors hired by it. g) The Contractor shall indemnify, hold harmless, and defend the City from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of(1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04. 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 33.01, 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. Form Revised on 7-10-12 Contract No. 16300090 Page 23 34. RELEASE The Contractor assumes full responsibility for the work to be performed hereunder, and hereby 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 or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. 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, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. 35. PERMITS AND LICENSES The Contractor shall secure and pay for all necessary permits and licenses,governmental fees, and inspections necessary for the proper execution and completion of the work. During this Agreement term and/or period during which the Contractor is working,it shall give all notices and comply with all laws, ordinances,rules,regulations, and lawful orders of any public authority bearing on the performance of the work. 36. ROYALTIES AND LICENSING FEES The Contractor shall pay all royalties and licensing fees. The Contractor shall hold the City harmless and indemnify the City from the payment of any royalties, damages,losses or expenses including attorney's fees for suits, claims or otherwise,growing out of infringement or alleged infringement of patents,materials and methods used in the Project. It shall defend all suits or claims for infringement of any patent rights. Further,if the Contractor has reason to believe that the design, service,process, or product specified is an infringement of a patent,it shall promptly give such information to City's Representative. 37. BREACH OF CONTRACT & DAMAGES 37.01. The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02. Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upongiving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract,upon but not limited to the following occurrences: a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or c) If the Contractor commits a substantial default under any of the terms,provisions, conditions, or covenants contained in this Agreement. Form Revised on 7-10-12 Contract No. 16300090 Page 24 38. TERMINATION FOR CAUSE Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upongiving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety at any time for any of the following: 38.01. If the Contractor becomes insolvent, commits any act of bankruptcy,makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice,fails to provide adequate assurance that it can remedy all of its defaults; or 38.02. If a receiver, trustee, or liquidator of any of the property or income of the Contractor shall be appointed; or 38.03. If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or 38.04. If the Contractor shall fail to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or 38.05. If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or 38.06. If the Contractor abandons the Work. 38.07. If the Contractor commits a substantial default under any of the terms,provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01. The performance of the work may be terminated at any time in whole or,from time to time,in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment,without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts,purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the work itself or by others,pursuant to the foregoing, then the Contractor and/or Contractor's surety will reimburse City for all costs incurred by the City (including,without limitation, applicable,general, administrative expenses,field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. Form Revised on 7-10-12 Contract No. 16300090 Page 25 41. CLOSE OUT 41.01. After receipt of a notice of termination,whether for cause or convenience,unless otherwise directed by City's Representative, the Contractor shall,in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: a) Stop the work on the date and to the extent specified in the notice of termination; b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the work as is not terminated; c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination; d) Assign to City's Representative,in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated;in which case, City's Representative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; f) Deliver to City's Representative,when directed by City's Representative, all documents and all property,which if the work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred; and/or 42. TERMINATION CONVERSION Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Paragraph 39 and Contractor's remedy for such termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 39. 43. HIRING During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE The effective date of this contract shall be the date of award of the contract. Form Revised on 7-10-12 Contract No. 16300090 Page 26 46. OTHER TERMS 46.01. Invalidity. If any provision of this Agreement shall be held to be invalid,illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity,legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02. Written Notice. Unless otherwise specified,written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.03. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements,promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.04. Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.05. Mediation. After receipt of a Notice of Claim, the Owner may elect to refer the matter to the Architect, Owner's Representative or another party for review. Contractor will attend meetings called to review and discuss the Claims and mitigation of the problem, and shall furnish any reasonable factual backup for the Claim requested. The Owner may also elect to defer consideration of the Claim until the Work is completed,in which case the same review options shall be available to the Owner at the completion of the Work. At any stage, the Owner, at its sole discretion,is entitled to refer a Claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and,if this referral is made, Contractor will take part in the mediation process. The filing,mediation or rejection of a Claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under Owner's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station,Texas. 46.06. Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.07. Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County,Texas,United States of America. 46.08. Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this contract. 46.09 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. Form Revised on 7-10-12 Contract No. 16300090 Page 27 46.10. Waiver. Failure of any party,at any time,to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement,any part hereof,or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore,any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.11. Headings, Gender,Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define,limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender,and words in the singular number shall be held to include the plural,and vice versa,unless the context requires otherwise. 46.12. Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice,have read,understand and intend to be bound by the terms and conditions of this Agreement. 46.13. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts,each of which shall be deemed an original for all purposes. 46.14. Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. M.K. PAINTING,INC. CITY OF COLLEGE STATION By: By: Prin d Name: ZU/%y City Manager Title: EA-/ Date: Date: y&-7L1B&,Q APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Form Revised on 7-10-12 Contract No. 16300090 Page 28 F 9- S -MI-A Rpsem : 4 s_.. MeM- MIGNIGM 48192 S n o&owl M5 ROKM Rad Way,Tom f MI)7WM fax Resolution to Aonoint n During a special riteeting held an Fe'lbr g, 2004,of the Board of Directors of AA. K Painting,Inc.,a corporation formed under Mchigan, laws, it was REWLVED that JOhn Setheil is hereby appointed as an horized Agent of this Corporation,with authority j o make purchases,Agn bidding documents, bonding documents and coraa races in the C rparaflaWs name and behalf_ the undersigned hereby certifies that he is the duly elected and sole officer of the CorporaQian and,therefore,is n e cwtodian of to books and records el AL K. Painting, Inc.,and the foregOing is a true record of a reeohnualan&the above mentioned Meeting, and-the meeting was held inaccordance,wish stale lay.,and the ByLaws 6f the above. na i rpora°i°ion on Fab L;2004,and that said reesola ion is now in full force and eff e -mjr aa modification or rescission. Signed iefi s President of M. K, Pa} amp Inc. EXHIBIT A — DAVIS BACON WAGE RATES General Decision Number: TX150016 01/02/2015 TX16 Superseded General Decision Number: TX20140016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) . . . . . . . . . . . . . . . . . . . . . .$ 12.56 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 26.35 FORM BUILDER/FORM SETTER Paving & Curb. . . . . . . . . . . . . . .$ 12. 94 Structures. . . . . . . . . . . . . . . . . .$ 12.87 LABORER Asphalt Raker. . . . . . . . . . . . . . .$ 12.12 Flagger. . . . . . . . . . . . . . . . . . . . .$ 9.45 Laborer, Common. . . . . . . . . . . . .$ 10.50 Laborer, Utility. . . . . . . . . . . .$ 12.27 Pipelayer. . . . . . . . . . . . . . . . . . .$ 12.79 Page 29 Work Zone Barricade Servicer. . . . . . . . . . . . . . . . . . . .$ 11.85 PAINTER (Structures) . . . . . . . . . . . . .$ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor. . . . . . . .$ 12. 69 Asphalt Distributor. . . . . . . . .$ 15.55 Asphalt Paving Machine. . . . . .$ 14.36 Boom Truck. . . . . . . . . . . . . . . . . .$ 18.36 Broom or Sweeper. . . . . . . . . . . .$ 11.04 Concrete Pavement Finishing Machine. . . . . . . . . . .$ 15.48 Crane, Hydraulic 80 tons or less. . . . . . . . . . . . . . . . . . . . .$ 18.36 Crane, Lattice Boom 80 tons or less. . . . . . . . . . . . . . . .$ 15.87 Crane, Lattice Boom over 80 tons. . . . . . . . . . . . . . . . . . . . .$ 19.38 Crawler Tractor. . . . . . . . . . . . .$ 15. 67 Directional Drilling Locator. . . . . . . . . . . . . . . . . . . . .$ 11. 67 Directional Drilling Operator. . . . . . . . . . . . . . . . . . . .$ 17.24 Excavator 50, 000 lbs or Less. . . . . . . . . . . . . . . . . . . . . . . .$ 12.88 Excavator over 50, 000 lbs. . .$ 17.71 Foundation Drill, Truck Mounted. . . . . . . . . . . . . . . . . . . . .$ 16. 93 Front End Loader, 3 CY or Less. . . . . . . . . . . . . . . . . . . . . . . .$ 13.04 Front End Loader, Over 3 CY.$ 13.21 Loader/Backhoe. . . . . . . . . . . . . .$ 14.12 Mechanic. . . . . . . . . . . . . . . . . . . .$ 17.10 Milling Machine. . . . . . . . . . . . .$ 14.18 Motor Grader, Fine Grade. . . .$ 18.51 Motor Grader, Rough. . . . . . . . .$ 14. 63 Pavement Marking Machine. . . .$ 19.17 Reclaimer/Pulverizer. . . . . . . .$ 12.88 Roller, Asphalt. . . . . . . . . . . . .$ 12.78 Roller, Other. . . . . . . . . . . . . . .$ 10.50 Scraper. . . . . . . . . . . . . . . . . . . . .$ 12.27 Spreader Box. . . . . . . . . . . . . . . .$ 14.04 Trenching Machine, Heavy. . . .$ 18.48 Servicer. . . . . . . . . . . . . . . . . . . . . . . . .$ 14.51 Steel Worker Reinforcing. . . . . . . . . . . . . . . . .$ 14.00 Structural. . . . . . . . . . . . . . . . . .$ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker. . . . . . . . . . . . . . . . . . . . . .$ 16.00 TRUCK DRIVER Lowboy-Float. . . . . . . . . . . . . . . .$ 15. 66 Page 30 Off Road Hauler. . . . . . . . . . . . .$ 11.88 Single Axle. . . . . . . . . . . . . . . . .$ 11.79 Single or Tandem Axle Dump Truck. . . . . . . . . . . . . . . . . . . . . . .$ 11. 68 Tandem Axle Tractor w/Semi Trailer. . . . . . . . . . . . . . . . . . . . .$ 12.81 WELDER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15. 97 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 29CFR 5.5 (a) (1) (ii) ) . 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 600 of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. Page 31 Exhibit B INSURANCE REQUIREMENTS During the term of this Agreement Contractor's insurance policies shall meet the following requirements: L Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Umbrella/Excess Liability—required for contract amounts exceeding $1,000,000 D. Workers' Compensation E. Builder's Risk—provides coverage for contractor's labor and materials for a project during construction that involves a structure such as a building or garage. builder's risk policy shall be written on "all risks" form. IL General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies are not accepted. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. E Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. F. The City of College Station, its officials, employees and volunteers, are to be named as Additional Insured"to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier with a"AXIIF or better rating in accordance with the current Best Key Rating Guide. B. Limit of$1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of$2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. Form Revised on 7-10-12 Contract No. 16300090 Page 32 E. The coverage shall include but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier with a"A:VIII" or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Limit of$1,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service's Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. F. Pollution Liability coverage shall be provided by endorsement MCS-90,with a limit of 1,000,000.00. V. Excess Liability Umbrella form excess liability coverage following the form of the underlying coverage with a minimum limit of$5,000,000.00 or the total value of the contract, whichever is greater,per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding 1,000,000 in total value. VI. Those policies set forth in Paragraphs III, IV, and V shall contain an endorsement naming the City as Additional Insured and further providing that the Contractor's policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. VII. Workers Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers compensation insurance policy: either directly through their employer's policy (the Contractor's or subcontractor's policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be Form Revised on 7-10-12 Contract No. 16300090 Page 33 used. B. Workers compensation insurance shall include the following terms: 1.Employer's Liability minimum limits of$1,000,000.00 for each accident/each disease/each employee are required. 2.Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy. 3.Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ("certificate') —An original certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (D WC-81, DWC-83, or DWC-84), showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in§406.096[of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation,providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts andfiling of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Contractor providing services on the project,for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. Form Revised on 7-10-12 Contract No. 16300090 Page 34 E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project andfor one year thereafter. G. The Contractor shall notes the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. K The Contractor shall post on each project site a notice, in the text,form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verb coverage and report lack of coverage. L The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts andfiling of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; 2) provide to the Contractor,prior to that person beginning work on the project, a certificate of coverage showing that coverage is being providedfor all employees of the person providing services on the project,for the duration of the project; 3) provide the Contractor,prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the Contractor: a) A certificate of coverage,prior to the other person beginning work on the project; and b) A new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project andfor one year thereafter; 6) notes the governmental entity in writing by certified mail or personal delivery, within 10 Form Revised on 7-10-12 Contract No. 16300090 Page 35 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J.By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers'compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity. " VIII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A. The company is licensed and admitted to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverages according to requirements and instructions contained herein. D. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. E. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Form Revised on 7-10-12 Contract No. 16300090 Page 36 Exhibit C PERFORMANCE AND PAYMENT BONDS Form Revised on 7-10-12 Contract No. 16300090 Page 37 PERFORMANCE BOND Project No. 9003193 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE,M.K.Painting, Inc.,4157 Seventh,Wyandotte,MI 48192 , as Principal,hereinafter called"Contractor" and the other subscriber hereto Washington International Insurance Company as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station,a municipal corporation,in the sum of Three Hundred Five Thousand and No/100 Dollars ($305,000.00) for the payment of which sum,well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves,their heirs, executors,administrators, successors, and assigns,jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for Park Place Water Storage Tank Rehabilitation Project all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council,all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE,if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions,and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract,including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract,including the making of payments thereunder and,having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time,without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder,as provided in the Contract,and in the terms and conditions thereof,or to make any change in,addition to,or deduction from the work to be done thereunder; and that such changes,if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability,loss, cost, expense, or damage arising out of or in connection with the work done by the Contractor under the Contract. In the event that the City of College Station shall bring Form Revised on 7-10-12 Contract No.16300090 any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County,Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,which is incorporated herein by this reference. However,all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or,if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail,return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. ATTEST,SEAL: (if a corporation) M.K. Painting, Inc. WITNESS: (if not a corporation) Name of Contractor By:By: Name; arae: ,:dw-j 4E7f ELL Title: rifle: s 4 6EINSD&-Al7 Date: /091.16 ATTEST/WITNESS SEAL) Washington International Insurance Company Full Name of Surety) y;475 North Martingale Road, Ste. 850, Schaumburg, IL 60173 Name:Kelsey udnall Address of Surety for Notice) Title:Surety A ministrator Date:11/20/2015 By: Nam ennifer A.. Gar Title:Attorney-I n-Fact Date--i 1/20/2015 REVIEWED: THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION,TEXAS- City Attorney's Office City Manager Form Revised on 7-10-12 Contract No.16300090 TEXAS STATUTORY PAYMENT BOND Project No. 9003193 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF BRAZOS THAT WE, M.K. Painting, Inc.,4157 Seventh,Wyandotte,MI 48192 , as Principal,hereinafter called "Principal" and the other subscriber hereto Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire ,licensed to business in the State of Texas and admitted to write bonds,as Surety,herein after called"Surety",do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation,in the sum of Three Hundred Five Thousand and No/100 Dollars ($305,000.00) for payment whereof,the said Principal and Surety bind themselves,and their heirs, administrators,executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station,dated the day of 2015, for Park Place Water Storage Tank Rehabilitation Project, Contract No. 16300090 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Form Revised on 7-10-12 Contract No. 16300090 ATTEST,SEAL: (if a corporation) M.K. Painting, Inc. WITNESS: (if not a corporation) Name of Contractor) By:By: Name: Na e: Jb s%/ a5E77/E1_2-- Title: Title: SvAER 4/7EXADe7--- T Date: ///—,--1//5- ATTEST/WITNESS SEAL) Washington International Insurance Company j pp P Full Name of Surety) By s 475 North Martingale Road Ste. 850 Schaumburg, IL 60173 Name:Kelsey Odnall Address of Surety for Notice) Title:Surety Administrator Date:11/20/2015 D6arne:JeWifer A.. Gareff Title: Attorney-In-Fact Date:11/20/2015 REVIEWED: THE FOREGOING BOND IS ACCEPTED_ ON BEHALF OF THE CITY OF COLLEGE STATION,TEXAS: City Attorney's Office City Manager Foran Revised on 7-10.12 Contract No.16300090 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: ROBERT TROBEC,KATHLEEN M.IRELAN,JENNIFER A. GAREFFA, IAN J.DONALD,JEFFREY A.CHANDLER and ALAN P.CHANDLER JOINTLY OR SEVERALLY Its true and lawful Attoiney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9"'of May,2012: RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." o`yQE oi. Pv RaTSG% i ,tIt7N By tv` SEAL n' Steven P.Anderson,Senior Vice President of Washington Internetionol Insurance Company 0". SEAL . Zm 1973 \ QUiO` Senior Vice President of North American Specialty Insurance Company g i 6 h s1•:,yam U' 13llllllllIIIlVN110\ Michael A.Ito, error ice rest ent u Washington ntetnationa nsuran cc ompany l$Itio Senior vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 5th day of October 2015 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 5th day of October 20 15 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito, Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY NOTARY PUBLIC,STATE Of IWN?IS NL Kenny.N utry Public " MY COMMISSION EXPIRES 121bd12b17 I, Jeffrey Goldbere . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company-and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 20th day of /November 2015 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington Intemational Insurance Company&North American Specialty Insurance Company 3 3i 1 IMPORTANT NOTICE AVISO IMPORTANTE i In order to obtain information or make a complaint: Para obtener informacion o para someter un queja: s You may contact Jim Carpenter,Vice President- Puede comunicarse con Jim Carpenter,Vice e Claims,at 1-800-338-0753. President- Claims,al 1-800-338-0753. 1 You may call Washington International Insurance Usted puede llamr al numero de telefono gratis de Company and/or North American Specialty Washington International Insurance Company Insurance Company's toll-free number for and/or North American Specialty Insurance information or to make a complaint at: Company's para informacion o para someter una queja al: 1-800-338-0753 1-800-338-0753 You may also write to Washington International Usted tambien puede escribir a Washington Insurance Company and/or North American International Insurance Company and/or North Specialty Insurance Company at the following American Specialty Insurance Company al: address:r 1200 Arlington Heights Road#400 1200 Arlington Heights Road#400 Itasca,IL 60143 Itasca,IL 60143 You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas r to obtain information on companies, coverages,rights para obtener informacion acerca de companias, or complaints at: coberturas,derechos o quejas al: k 1-800-252-3439 1-800-252-3439 i You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: httn://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: E-mail:c ConsumerProtection a tdi.state.tx.us ConsumerProtection a,tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concermente a su prima o a un about a claim you should first contact the Washington reclamo, debe comunicarse con el Washington International Insurance Company and/or North International Insurance Company and/or North American Specialty Insurance Company. If the American Specialty Insurance Company primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa,puede entonces comunicarse Department of Insurance. con el Departmento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY:UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become Este aviso es solo para proposito de infromacion y no se a part or condition of the attached document.converte en parte o condicion del documento adjunto.i i i i Exhibit D CERTIFICATES OF INSURANCE AND ENDORSEMENTS Form Revised on 7-10-12 Page 42 Contract No. 16300090 DATE(M1WDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 11/20/2015 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: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)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 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Donna HarveNAME-y Valenti Trobec Chandler Inc PHONE (248)828-3377 FAX (248)828-3741 A1C.No. 1175 W. Long Lake, Suite 200 ADRESS:dharvey@vtcins.com INSURER 5( )AFFORDING COVERAGE NAIL# Troy MI 48098 INSURERA:Eyanston Insurance Company_ l 35378 INSURED INSURER B:A11ied_Property & Casualty Ins M.R. Painting, Inc. INSURERc:Texas Mutual Insurance Company 1000001 4157 Seventh Street INSURER D INSURER E' Wyandotte MI 48192 INSURER F: COVERAGES CERTIFICATE NUMBER:10/26/15-1/19/16 TX 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR j ADOLSUBRI- POLICY EFF POLICY EXP LTR; TYPE OF INSURANCE I POLICY NUMBER MMIOD MIW LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 f A _`CLAIMS-MADE X i OCCUR DAMAETORENTED 100,000PREMISES.Ea occurrence I X I r 52091B 10/26J2015 10/26/2016 MED EXP(Any one person) £ 0- PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 LOCPOLICY{ x JECOT PRODUCTS-COMPIOPAGC S 2,000,000 i OTHER: AUTOMOBILE LIABILITY EaarBctleD SINGLE LIMIT g 1,000,000 r ANY AUTO OINJURY(Per person) S 3 :ALL OWNED `- SCHEDULED AUTOS AUTOS ACP7135300143 10/26,/2015 10/26/20161 BODILY INJURY(Per accident)!S NON-OWNED { ! yXHIREDAUTOSrX PROPERTY DAMAGE C S j i AUTOS j Per accident__ i Underinsured motorist 5 UMBRELLA LIAB _l OCCUR EACH OCCURRENCE S 5,000,000 A XEXCESS LIAB I ;CLAIMS-MADE l I AGGREGATE _ S 51,000,000 DED i RETENTIONS Y 110146424 110,/26/2015(10,/26/2016 1S WORKERS COMPENSATION STATUTE ERH AND EMPLOYERS'LIABILITY Y I N r ANY PROPRIETORIPARTNERID(ECUTIVEE.L EACH ACCIDENT ;$1,000,000 OFFICER/MEMBER EXCLUDED? I N I A ; C 'Mandato 1/19/2016 E.L.DISEASE-EA EMPLOYEES 1,000,000 If yes,describe under ry1nNH) TSF000117613320150119 1/19/2015 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Park Place Water Storage Tank Rehab Project. Where required by written contract, the City of College STation, its officials, employees and volunteersis additional insured on the General Liability policy with respects to liability arising out of ongoing and completed operations performed by the named insured. workers Compensation policy includes waiver of subrogation on behalf of additional insured as required by written contract and where allowed by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of College Station, Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 9960 ACCORDANCE WITH THE POLICY PROVISIONS. College Station, TX 77842 AUTHORIZED REPRESENTATIVE Alan Chandler/V286 u-- xe ::7 4- 1988-2014 ACORD CORPORATION. All rights reserved ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) CA LT.-eXIMMUL 'a WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Ta==C=P y WC 42 03 04 B TEXAS WAIVER OF OUR FLIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone;not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( } Specific Waiver Name of person or organization X j Blanket Waiver Any person or ofganization for whom the Named insured Inas agreed by written contract to furnish this waiver. 2. Operations: ALL TE)(As OPERATIONS 3, Premium The premium charge for this endorsement shall be. _Q^ percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4.Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsemeot changes the poltoy to%Which it is attw-Ahed effective on the inception date of the policy imless a different date is indicated below. TW 10IW ing,.a".aching clause"need be wnlpletbl only when this endorsement is issued subsepueent to preparation of the policy,) This endorser nert,effective on at 12:01 A-M,standard time,forms a part of Policy Nu. TSF-0001176133 20160119 of the Texas Mutual Insurance Company Issued to M K PAINTING INC Endorsement No. Premium S AA-& NCCi Carrier Code 2A1939 Authorized Representative- WC4203048(E0,$41-2014) INSURED'S COPY MAMERCAA 1-16-20155 Exhibit E TECHNICAL SPECIFICATIONS AND PLANS Form Revised on 7-10-12 Page 43 Contract No. 16300090 DET D U N H A M CITY OF COLLFGE SMMON ENGINEERING Home of Texas A 6M Universiy Inspection. Design, Results, TECHNICAL SPECIFICATIONS CITY OF COLLEGE STATION, TEXAS PARK PLACE WATER STORAGE TANK REHABILITATION PROJECT PA. PA TRAVIS C. TATUM to 110343 OCTOBER 2015 DUNHAM ENGINEERING, INC. 12815 FM 21.54, SUITE 150 COLLEGE STATION, TEXAS 77845 TX FIRM REGISTRATION NO. F-2253 T rffff41--jq= PARK PLACE WATER STORAGE TANK REHABILITATION PROJECT COLLEGE STATION, TEXAS TABLE OF CONTENTS SPECIAL CONDITIONS SUMMARY OF WORK DRAWINGS SECTION Maps to Site Report of Inspection Logo Drawing SPECIAL CONDITIONS 1. GENERAL The provisions of this section of specifications shall govern in the event of any conflict between them and the"General Conditions of Agreement". 2. ENGINEER The word "ENGINEER" in these specifications shall be understood as referring to Dunham Engineering, Inc., of College Station, Texas, ENGINEER of the Owner. 3. EXAMINATION OF SITE OF PROJECT Prospective bidders shall make a careful examination of the site of the project, improvements to be projected, disposal sites for surplus materials, and as to method of providing ingress and egress to private properties, and methods of handling traffic during construction of the entire project. 4. TIME ALLOWED FOR COMPLETION Time allotted for the completion of all items of work shall be one-hundred twenty (120) calendar days, which time shall begin on the tenth (10) day after the issuance of the Notice to Proceed (NTP). The NTP shall consist of a written request by the Engineer for the Contractor to proceed with the construction of the project. The Contractor may work seven days per week, 24 hours per day if proper supervision is provided on site during all working hours. Proper supervision at a minimum shall include an experienced Project Foreman that has a minimum of 5 years' experience supervising similar projects. Foreman shall have the ability to read, write, speak and understand the English language. 5. LIQUIDATED DAMAGES FOR DELAY The Contractor agrees that time is the essence of this contract, and that for each day of delay beyond the number of calendar days herein agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as is provided for in the General Conditions of Agreement) the Owner may withhold, permanently, from the Contractor's total compensation, the sum of One Thousand 1,000.00) Dollars per day as liquidated damages for such delay. 1 6. PROJECT MAINTENANCE The Contractor shall maintain and keep in good repair the improvements covered by these plans and specifications during the life of the contract. Existing improvements at the project location shall at all times be protected by the Contractor during the construction specified herein. All such improvements shall be left in a condition equal to that prior to the start of construction. 7. FENCES, DRAINAGE CHANNELS AND SURPLUS EXCAVATION Boundary fences or other improvements removed to permit this construction shall be replaced in the same location and left in a condition as good or better than that in which they were found. Facility must be secured at all times when workers are not present. 8. DISPOSAL OF WASTE The Contractor is responsible for all fees associated with testing to determine the TCLP of lead in the blast debris. Existing paint has been sampled and determined to contain minimal amounts of lead. The Contractor is responsible for removal and disposal of all blasting debris on site. All sand bags and empty paint containers shall be removed from the job site and disposed of in a satisfactory manner. This specifically prohibits burning of sandbags or other material on site. 9. WATER FOR DISINFECTION Water is available on site at no cost to Contractor for use in filling the tank and pressure washing to remove surface contaminants. Should the tank fail the bacteriological test, the tank would need to be drained and refilled after a second chlorination. The water for a second or subsequent filling will be at the Contractor's expense, charged at the commercial rate (current commercial rate is $2.44/1000 gallons) 10. CLEANUP 1. During Construction-The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site, when it becomes objectionable, in the opinion of the Engineer. 2. Final -Upon completion of the work the Contractor shall remove from the site, all plant, materials, tools and equipment belonging to him, and leave the site with an appearance acceptable to the Engineer. 2 The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver such materials and equipment in a bright, clean, polished and new appearing condition. 11. SUB-CONTRACTING The Contractor must identify any proposed sub-contractors to the ENGINEER prior to being recommended for award of the contract. All sub-contractors must carry the same insurance requirements as the Contractor. The surface preparation and coating application must be performed by workers directly employed by the Contractor. Contractor may be required to submit payroll information to ensure all workers are employed by the Contractor and covered under Texas Workforce Commission rules. This specifically prohibits hiring sub-contractors or contract workers that are not directly employed or properly identified by the Contractor. 12. LIGHTS AND POWER The Contractor shall provide temporary lighting and facilities required for the proper prosecution and inspection of the work. Electrical power for lighting and hand tools is available on site. All air compressors and painting equipment shall be engine driven. The Owner will provide electrical power for the dehumidification and dust collection equipment. The Contractor is responsible for employing a certified electrician to hook- up the equipment. Use of Dust Collection & Dehumidification Equipment: a. Mechanical dust collectors must be fully operational during all sandblasting operations so as not to create a nuisance to surrounding property and neighborhood. b. Dessicant dehumidification equipment must be fully operational during all periods of non-sandblasting operations when bare steel is exposed. This requires operating the unit to maintain optimum ambient conditions inside tank during night and other non-working hours such as weekends to prevent flash rusting of bare steel. NOTE: Contractor must submit plan to show how dust collection and dehumidification equipment will be installed and maintained. Dust collection requires heavy duct work which must be properly supported or ducts will tear. Rest platforms on interior pedestal ladders may be used to support duct work. Maintenance of equipment must be available on 24 hour basis to maintain work schedule. Rental of equipment from a company that specializes in dust collection and dehumidification equipment is encouraged to ensure work schedule is maintained. 3 13. COPIES OF PLANS AND SPECIFICATIONS FURNISHED Three (3) sets of the Plans and Specifications shall be furnished without charge to the Contractor for construction purposes. Additional copies may be obtained from the Engineer at actual reproduction cost. 14. PORTABLE TOILET FACILITIES The Contractor shall provide portable toilet facilities at the work site when workers are present. 15. TEMPORARY LIVING FACILITIES The Contractor may not establish temporary living facilities on the project site. 16. SUBMITTALS The following submittals are required to be submitted to the Engineer for approval before work can commence on site: a. List of Key Personnel with contact phone numbers including cell phone numbers. A 24-hour per day contact via telephone must be provided and available during the duration of the project. b. Construction Schedule with Milestone Events including contract start and stop dates. c. Coating submittal showing each coating system and individual coat thickness and material. d. Dehumidification and Dust Collection Plan. 4 TECHNICAL SPECIFICATIONS SECTION 130200 WATER STORAGE TANK REHABILITATION SUMMARY OF WORK PART 1 -GENERAL 1) Scope of Contract The City of College Station has a 3.0 million gallon composite elevated tank(CET) that is to be rehabilitated and repainted under the terms of this contract. General information on the tank is provided at the end of this document in the Engineer's Report of Inspection dated January 2,2015. The work to be performed under these specifications includes the partial rehabilitation,repainting and structural steel repairs of the water storage tank. Generally, the interior wet area protective coatings will be replaced and miscellaneous repairs will be made. The tank is located on Park Place Dr. near its intersection with Texas Ave.in College Station, Texas. The existing protective coating systems contain less than 1% lead by weight. It shall be the responsibility of the bidders to carefully inspect the site and all pertinent parts and devices on the tank to ascertain the quantity of surface preparation,necessary repairs and painting required to clean the tank properly,paint,repair and place the tank back into operation in accordance with these contract specifications. The information on the tank provided in the Engineer's Report of Inspection is general in nature and should not be relied upon to determine bid quantities of other bidding factors. 2) Related Documents Drawings and the general provisions of this document,including General Conditions, Supplemental Conditions,Special Provisions and other Sections apply to work in this section. 3) References The latest version of the following Specifications, Codes and Standards are incorporated by reference,including comments,recommendations and best practices. This list is not exhaustive. a) American Institute of Steel Construction(AISC) S335 -Specification for Structural Steel Buildings Steel Construction Manual 14th Edition b) American Water Works Association (AWWA) C652-Disinfection of Water Storage Facilities Section 130200-1 of 12 D100-Welded Steel Tanks for Water Storage D102- Coating Steel Water Storage Tanks c) Federal Aviation Administration(FAA) 70/7560-1H-Obstruction Marking and Lighting d) NACE International (NAGE) SP0178 -Design,Fabrication and Surface Finish for Immersion Service SP0188 -Discontinuity Testing of New Protective Coatings for Conductive Substrates e) National Fire Protection Association(NFPA) NEC-National Electric Code 78 -Standard for the Installation of Lightning Protection Systems f) National Sanitation Foundation(NSF) 61 -Standard for Drinking Water System Components g) Occupational Safety and Health Administration(OSHA) 29 CFR 1926-Safety and Health Regulations for Construction 29 CFR 1910-Occupational Safety and Health Standards h) Society for Protective Coatings (SSPC) AB 1 -Mineral and Slag Abrasives Guide 6- Containing Debris During Paint Removal Operations Guide 12- Illumination of Industrial Painting Projects Guide 15-Field Methods for Retrieval and Analysis of Soluble Salts on Steel... VIS-1 -Visual Standard for Abrasive Blast Cleaned Steel PA-1 -Shop,Field and Maintenance Painting of Steel PA-2-Procedure for Determining Conformation to Dry Coating Thickness Requirements. SP-6- Commercial Blast Cleaning SP-7-Brush-off Blast Cleaning SP-10-Near-White Metal Blast Cleaning i) Texas Commission on Environmental Quality (TCEQ) Chapter 290-Public Drinking Water 4) Submittals The Contractor shall submit the following to the Engineer prior to the start of work a) Construction Schedule Submit a detailed scheduled indicating anticipated start and completion dates for each major phase,including,but not limited to,welding repairs, surface preparation,interior Section 130200-2 of 12 coating application, and exterior coating application. Contractor shall update submitted schedule as needed. b) Schedule of Values Submit a schedule of values which includes an itemized list of all work items and prices for each item of work. c) Contact Information Submit contact information for all key field and office staff on the project including foreman and project manager. d) Weider Certifications Submit certifications and welding procedures for all welders that will be performing work on the tank. e) Containment Submit a detailed drawing of the containment system to be installed. The information provided on the drawing shall include,but is not limited to, size of dust collector and qualified installer. f) Appurtenances Submit catalog cuts of all appurtenant equipment which will be installed on the tank g) Abrasive Material Submit manufacturers' product data sheets and Material Safety Data Sheets for all abrasive materials to be used on the tank. h) Coating Materials Submit manufacturer's product data sheets and Material Safety Data Sheets for all coating materials and caulks/sealants to be applied to the tank.Provide color samples of all coating products. i) Gasket Materials Submit manufacturer's product data sheets and Material Safety Data Sheets for all gaskets to be installed on the tank. 5) Guarantees The Contractor shall guarantee the structure, appurtenant equipment and accessories provided under these specifications against defective design,workmanship or materials for a period of one year from the date of final completion. It shall be the responsibility of the Contractor to schedule and meet with the Engineer and inspect the tank eleven and one half 11 1/2) months from the date of final acceptance to identify and correct all deficiencies under the warranty. Section 130200-3 of 12 All guarantees for materials, and accessories provided under this section shall be obtained by the Contractor and submitted. PART 2-MATERIALS 6) Materials a) Steel All appurtenances, supports and steel members shall be constructed of A36 mild carbon steel,unless otherwise specified and shall be in accordance with AWWA D100 and TCEQ Chapter 290. b) Accessories and Appurtenances All accessories shall comply with the minimum requirements of the Specifications, Codes and Standards listed in paragraph 1.02,current applicable safety regulations and the operation requirements of the structure. Dissimilar metals shall be properly isolated. All stainless steel appurtenances,piping,and weirs inside the tank shall be blasted and coated per the specified interior wet area coating system. All hardware and hinges for hatches and openings shall be stainless steel. c) Electrical and Lighting i) General All work shall be performed and all materials shall be provided in accordance with National Electric Code and the governing electrical, safety and inspection codes, regulations and ordinances. d) Steel Tank Painting i) Abrasive Material All exterior abrasive material used in the removal of protective coating systems shall be silica free and low dust producing. Materials such as copper slag and Green Diamond are permitted.Traditional sand may be used for interior surface preparation. Steel and other metallic abrasives may NOT be used for surface preparation. Abrasive derived from coal or petroleum products that leave an oily residue on the surface of the steel are also NOT permitted. Submit abrasive selection for approval. ii) Coating Material The Contractor shall use the materials specified, or materials of another manufacturer that are deemed equal in the opinion of the Engineer to the materials specified. The quality of the specified materials shall be the standard of quality specified. Paint systems that decrease the film thickness designated or the number of coats to be applied or which involve a change from the generic type of coating Section 130200-4 of 12 specified shall not be used. All paint used on metal surfaces which are to be in contact with potable water shall be approved by NSF. All paints,thinners and associated products used in the application of the protective coating systems will be manufactured by TNEMEC Company of Kansas City,MO., unless another approved coating system is selected as provided for in this section. In the event the Contractor desires to substitute the products of another manufacturer not listed in this Section,he shall apply to the Engineer in writing at least 14 (fourteen) days prior to the bid date requesting substitution and shall furnish with his request complete descriptive materials on the products along with NSF Certification plus full manufacturer's recommendations of surface preparation and application. PART 3-EXECUTION 7) Welding Welding procedures and general welding requirements shall be in accordance with AWWA D100, Section 8 "Welding", AWS Structural Welding Code D1.1, and these Specifications. Grinding of weld contour shall approximate Condition"D" of NACE Standard SP0178 All welding repairs shall be completed before any paint is applied to the structure. All appurtenances, supports and steel members shall be constructed of A36 mild carbon steel unless otherwise specified and be in accordance with AWWA D100,AISC 14th Edition, and TCEQ Chapter 290. All fillet welds shall be full fillet welds unless otherwise specified. 8) Repair Items of Work a) Protect essential communications,SCADA and other monitoring equipment during all blasting and painting operations. Some equipment will have to be re-located on tank by Contractor and/or 3rd parties to successfully complete the project. This shall be closely coordinated with Owner's Representative. b) Install new gaskets and zinc plated hardware in all access hatches to interior water compartment after all painting is complete. c) Remove vent screens from roof vents prior to painting and re-install new screens after all painting is complete. Screens shall be fiberglass,No. 16 mesh, and secured with non- metallic bands. d) Remove bar style safety climb device from interior ladder before blast cleaning ladder, and install new safety climb device of same type after painting ladder. Section 130200-5 of 12 e) Weld approx. 100 sq. in. of deep pit repair in interior of tank as required and directed by Engineer (each pit = 1 sq.in.). Provide and install four gallons of 100% solids TNEMEC Series 63-1500 Pit Filler to repair shallow pits in interior.Additional pricing is required on bid sheet to repair another 150 pits by welding based on unit pricing. f) Repair weld seams on stainless steel fill pipe (inside concrete pedestal) and install stainless steel reinforcing rings around all repaired welds.Welds have several pinhole leaks on each joint. Back gouge or grind each leak to remove defective weld material. Re- weld each back gouged area using stainless steel filler material and AWS DU procedures. Submit filler material (welding rod) information to Engineer for approval. Weld approx. 1'wide x 0.1875" thick stainless steel reinforcing ring around each repaired weld seam. Submit stainless steel welding certification&procedure prior to starting repair. 9) Repair of Pits and Prior Corrosion Damage After abrasive blast cleaning, Engineer's Field Representative will inspect the steel surface to determine the repair procedure. The repairs may be made by using epoxy paste of by welding as directed by the Engineer's Field Representative. Those pits deeper than 1/8" one-eighth) will repaired by welding pit flush with the surface of the tank. . Pits less than 1/8" (one-eighth) will be repaired with 100% solids epoxy paste. Epoxy paste shall be applied after zinc rich primer has been applied per the appropriate coating specification in this document. Assume 100 deep pits to be repaired by welding and 4 gallons of epoxy pit filler to repair shallow pits in the base bid. 10) Protective Coating Replacement All coating operations shall be performed in accordance with SSPC PA-1,SSPC PA-2, AWWA D102 and these Specifications. a) General All paint materials shall be evenly spread without runs, sags, skips or other faults. Finished surfaces shall be uniform in gloss,finish and color and shall be free from brush marks. All lines of demarcation between paints of different colors or shades shall be carefully drawn so as to be true and free from blurred edges. All sharp edges,weld seams and other items difficult to coat shall receive a brush applied coat of the intermediate coating thinned as much as allowable in accordance with the manufacturer's directions, liberally worked in after the prime coat and prior to the finish coat of paint. All stainless steel in the interior wet area shall be coated. Stainless steel in the interior dry area shall be coated only if specifically directed by Engineer's Field Representative. Section 130200-6 of 12 During and after final application of each coating,all metal surfaces shall be checked with appropriate wet and dry mil gauges to ensure that the required thickness of coating is being obtained. The Contractor shall provide a set of standards with the gauge so that accuracy can be checked. Each coat shall be sprayed on in accordance with manufacturer's recommendations. Roiling interior paint is not permitted. The type of spray nozzle,the fluid pressure at the gun,the distance from the gun to the surface being painted and the speed of travel of the gun shall be as recommended by the manufacturer. Thinning shall be done as recommended.All paint in the fluid pot and lines shall be cleaned out with thinner before application of the paint is begun. The thinner may be used also for cleaning the painting equipment at the end of each days' operations. Each coat shall be dry to touch before the next coat is applied. Follow the manufacturer's directions explicitly. The Contractor is cautioned that small amounts of paint are intoxicating and large amounts tend to be toxic. The Contractor shall make provisions to keep the tank well ventilated during the spraying and drying operations to protect the personnel and to facilitate drying of the coating by solvent evaporation. During the actual spraying operations, all personnel within the tank shall be furnished with either an appropriate respirator or source of external air such as a compressed air line to a sandblasting helmet.At least two men shall be in the tank during spraying operations. b) Interior Surface Preparation and Coating i) General The work covered by this part of the specification includes painting the entire interior surface area of the structure. This includes but is not limited to all ladders, condensate floors and interior piping. The Contractor shall furnish all materials required for the painting and shall install them in accordance with the manufacturer's written directions and these specifications. ii) Surface Preparation During all interior blasting operations, Contractor must provide a 12,000 cfm dust collector powered with 480 volt,3 phase, 60 amp electrical hookup. Dust collector will require a minimum 60 kW generator. The City will provide the electricity at no charge but the Contractor is responsible for providing a certified electrician to hook up the equipment. Dust collector may be supplied from DH Technologies @ 713-939- 1166. Dust collector will be turned off when blasting is not being performed. All areas shall be pressure washed with clean water per SSPC SP-1 prior to blasting to prevent embedment of contaminants from existing coating. Abrasive blast clean Section 130200-7 of 12 all areas to SSPC SP-6 Commercial Blast Standard.A suitable angular anchor profile of at least 2.0 mils as determined by Testex strips shall be establish. Remove all blast debris from tank and inspect the interior surface area for pits and soluble salt contamination. Soluble iron salt concentration and chloride concentration shall be sampled via a Chlor*Test SCAT Kit with latex sleeve, and tested with a chloride titrator tube and ferrous ion test strips in accordance with SSPC Guide 15 and the manufacturer's instructions. If alternate method is to be used, submit to Engineer for approval. After proper surface sampling via SCAT Kit,test collected sample in latex sleeve with chloride titrator tube and ferrous ion test strips. If ferrous ion salt content or chloride ion content is above 10 µg/cm2(equal to 10 ppm when SCAT test is used), pressure wash per SSPC SP-1 all blast cleaned areas to reduce soluble salt content to less than the above limits. (Additive Bid Item) When soluble salt concentrations are below the limits set above,install desiccant dehumidification equipment and abrasive blast clean all interior surfaces including areas above HWL to near-white standard per SSPC SP-10. Dehumidification equipment must remain operational from the time the near-white blast commences and operate 24 hours per day until five days after the final coat of paint is applied. The unit must control the environment to keep the air inside the tank and riser at less than 50% relative humidity at all times. Minimum desiccant dehumidification equipment required is an HC-12,000 GA desiccant with propane heater and minimum 60 kW generator to power the air mover, as supplied by DH Technologies, or equal. City will provide electricity, Contractor is responsible for providing propane. iii) Coating Application 1) Coating System Apply NSF approved three coat system of zinc rich primer top coated with two coats of polyamide epoxy to all interior surfaces Prime Coat: TNEMEC Series 94-H2O Hydro-Zinc at 2.5-3.5 mils DFT Stripe Coat:TNEMEC Series 20 or N140 thinned as much as allowable and brushed into all welds and along all edges. Intermediate and Finish Coats:TNEMEC Series 20 or N140 applied at 4.0-6.0 mils DFT each coat. Seam Sealer:Apply Sikaflex to all interior unwelded seams above the HWL, including rafters and ceiling plates. Apply TNEMEC Series 22 to any unwelded seams below the HWL (including bolts,rivets,etc.) Section 130200-8 of 12 Minimum thickness required for the total system is 12 mils DFT. Each succeeding coat of paint will vary from the preceding in color so as to be able to verify coverage. Color of finish coat of paint shall be TNEMEC Tank White- 15BL. iv) Holiday Testing After the paint thickness meets these specifications and has cured for at least five days,the Contractor shall test the entire surface of the paint system,including above the HWL,for holidays with a low voltage wet sponge detector in accordance with NACE SP0188. Holidays shall be marked and reworked until no further holidays appear. After all holiday checking is complete,the point of ground connection shall be carefully coated. c) Exterior Area Surface Preparation and Coating i) General The work covered by this section includes repairing coating damage on the roof area inside the handrails and the handrails themselves. The roof area inside the handrails will be repaired and recoated after ALL interior work is completed and All rigging removed from tank. Data plates shall not be painted over. The Contractor shall furnish all materials and equipment required for the painting and shall install them in accordance with the manufacturer's written direction and these specifications. Stainless steel shall be coated only if specifically directed by Engineer's Field Representative. The Work also consists of painting over two existing 20' diameter Tiger Paw logos on SE &SW side of tank&painting new logos in their place. Pricing for this work will be included as Additive Bid Items. ii) Surface Preparation Clean damaged or marred area on roof inside handrails with MEK solvent. Remove any rust or damaged coating with hand or power tools. Additive Bid Item: Clean areas on side wall where new logos will be applied with similar method to remove dust or debris, and hand sand to scarify the existing finish. iii) Coating Application Apply two coat epoxy/polyurethane system to damaged areas on roof: Prime Coat: TNEMEC Series 20 or 66 polyamide epoxy applied at 4-6 mils DFT. Finish Coat:TNEMEC Series 1074U polyurethane applied at 2-3 mils DFT Section 130200-9 of 12 Minimum thickness required for the total system is 8 mils DFT. Each succeeding coat of paint will vary from the preceding in color so as to be able to verify coverage. Match existing finish color as close as possible. Additive Bid Item: Paint over two existing 20' diameter Tiger Paw logos on sides of tank with one coat of Tnemec 1074U @ 2 mils DFT to match existing exterior color. Paint total of 30' x 60' square on each side with old logo centered in square and new logos to be applied inside squares. See Detail in Drawings Section for picture of new logos. Old logo must be completely covered and may NOT show through,apply additional coats as necessary. Paint 4 new logos (2 each side) spaced equally inside each 30' x 60' square per Detail in Drawings Section. New logo patterns must be computer generated by J.;w@1 aii.<cl(,(,;0S.in @ phone 615.473.0272, or similar approved supplier. Submit logo pattern design to Engineer for approval before application.Approx. size of new logos is 25' x 25' each. New logo colors to be provided by Owner after award. Apply new logos in colors to be provided by Owner, and similar to those shown in Detail in Drawings Section,with Tnemec series 1074U @ 2 mils DFT. 11) Cleaning The tank will be drained and the Contractor will be responsible for cleaning any accumulated sand and silt prior to start of work. All materials used in the blasting operations, sediment in the tank,rust,paint and scale accumulated from the cleaning operations and all other material in the tank, shall be removed from the tank by the Contractor and properly disposed of. 12) Disinfection The disinfection of the tank is the responsibility of the Contractor. The Contractor shall use chlorination methods as specified in AWWA C652. The Owner will fill the tank and perform bacteriological testing. The Contractor shall ensure the tank is watertight and perform any maintenance necessary to make the tank watertight and in compliance with all TCEQ Chapter 290 Rules and Regulations prior to vacating the site. If the BAC-T sample fails,the Contractor will disinfect the tank again.Job is not substantially complete until tank passes bacteriological testing and is in compliance with TCEQ Chapter 290. 13) Cleanup During Construction-The Contractor shall at all times keep the job site as free from all material, debris and rubbish as is practicable and shall remove same from any portion of the job site,when it becomes objectionable,in the opinion of the Engineer or Owner. Upon completion of all work,the Contractor shall remove all surface materials and rubbish and dispose of them in accordance with directions of the Engineer. The Contractor shall Section 130200-10 of 12 repair all damage caused by his works and shall leave the premises in a clean and orderly condition equal to or better than that of when he found it. 14) Inspection a) General The Engineer's Field Representative will perform quality assurance inspections of the Contractor's work on a hold-point basis. The Contractor is required to perform his own quality control. No work will progress beyond the designated hold-point until approved by the Engineer's Field Representative. The Contractor is required to coordinate with the inspector and provide 24 hour notice to request a hold-point inspection.Hold-point inspections shall not be scheduled during weekends or Federal Holidays. The Contractor shall submit daily weather and progress reports,including anticipated work schedule for the next 7 days, to Engineer and Engineer's Field Representative via email. The Contractor is responsible for providing safe rigging to gain access to all work areas to be inspected.All rigging must conform to OSHA Standard 1910. The Contractor is responsible for providing recommended lighting per SSPC Technology Guide 12(See Guide in Appendix) to illuminate the work and inspection areas. If the Contractor does not provide adequate lighting or safe rigging to properly inspect the work,the inspection will be postponed until such time as the Engineer can schedule an inspection to determine if the work may progress beyond the hold-point. b) Hold Points The following Hold-points are designated: 1) All welding repaired completed prior to painting 2) Containment erection completed 3) Inspection of concrete forms and reinforcement prior to placing concrete 4) Surface contaminants removed 5) Blast profile obtained and degree of blast completed 6) Prime coat completed 7) Stripe coat completed 8) Intermediate coat completed 9) Finish coat completed 10) Holiday detection test of interior completed Section 130200-11 of 12 11) Cure test of interior completed 15) Other Approved Coating Systems Contractors may provide pricing for the following coating systems: a) Interior Coating System Prime Coat: Sherwin-Williams Corothane I Galvapac Zinc or Induron Indurazinc MC 67 applied at 2.5-3.5 mils DFT Stripe, Intermediate and Finish Coats: Sherwin-Williams Macropoxy 646 PW or Induron PE 70 applied at 4.0-6.0 mils DFT each coat Seam Sealer and Pit Filler: Sherwin-Williams Steel Seam FT 910 or Induron Aquatapoxy A-6 Total interior system thickness must be 12.0 mils DFT minimum. b) Exterior Coating System Prime Coat: Sherwin-Williams Macropoxy 646 PW or Induron Induraguard at 4.0-5.0 mils DFT. Finish Coat: Sherwin-Williams Hi-Solids Polyurethane or Induron Indurethane 6600 Plus Polyurethane at 2.0-3.0 mils DFT. Total exterior system thickness must be 8.0 mils DFT minimum c) All contractors must provide pricing based on the TNEMEC coating system in the Base Bid. Other approved coating system pricing,if provided,will be shown in the Bid Schedule as an ADD or DEDUCT to overall Base Bid. d) The Owner will decide which coating system(s) to accept. Section 130200-12 of 12 Q ` d» # k t ^ y f\ \ y. .y. y. . @«« . m\ a v t Q a d d x^ ©«< b: \* d < d Field Inspection Report Dunham Engineering, Inc.TX F-2253 979) 690-6555 Tank ID: Park Place Place CET Owner: City of College Station Inspector:Jim Dunham, Shawn Mcllvain,Trey ENGINEERING Burns, Andrew Sciba Inspection. Design. Results. Date of Inspection: 1/2/2015 Tank Description: 31VIG CET, LWL 166' Overview Map f Pfk r CJI rr r r r h V r f 1j r Bmf f 11 V Page 1 of 31 dr i o r a' io m I I I III II r' d II 41 + Ig IIVd 1'jV Attributes Title Park Place CET Inspection Item Overview Condition Fair Notes/Dimensions This is a 3 million gallon capacity composite elevated storage tank constructed in 2002 by CB&I.The height to high water level is approximately 166'. This tank is in overall good structural condition.The exterior protective coating is in fair condition and is providing adequate corrosion protection.The interior protective coating system has failed and should be replaced within 2 years. No water quality issues were noted at the time of inspection. Inspector As sM Page 2 of 31 Attributes Title Park Place CET Inspection Item Site and Fencing Condition Good Notes/Dimensions Site surrounded by U tall fencing with coded gate access. Inspector AS S Page 3 of 31 s J a o ua /4jr'/ m r rJ r 1 firr /^ p / r r r r / a ,r rJ fJ rlir rr IVC/ 7 r 1 sIFJ T i/ J% r // r //i/ r/ it / r//ir ri r / r//1/ J r» r1 rl r Attributes Title Park Place CET Inspection Item Data Plate Condition Good Notes/Dimensions 3 MG tank. Constructed by CB&I in 2002. LWL 166'-2 Inspector AS SM Page 4 of 31 I u ipij'ij p M Attributes Title Park Place CET Inspection Item Electrical Conditian Good, Notes/Dimensions Electrical connections that penetrate the concrete pedestal. Inspector AS S Page 5 of 31 a fll'I jv'^pi ll lll l i J II 'iu I i I umuu umuy I I u i Attributes Title Park Place CET Inspection Item Foundation Condition Good Notes/Dimensions Foundation appears level and projects approx. 6" above grade. No evidence of uneven settlement was observed. Inspector AS S Page 6 of 31 rii i r 77 '10 i %G r r ri All Ax" r ri- IMP-to`f r / r rii r rra r r H rot ilii r/r/,%' „r, / r" o r /r/' O//r // lin'/ ea Attributes Title Park Place CET Inspection Item Overflow Pipe Condition Fair Notes/Dimensions 16" diameter overflow runs to grade and terminated with a functional flap valve. Discharges onto concrete splash box with drain. Inspector AS S Page 7 of 31 uu V i r IMMM 0 Attributes Title Park Place CET Inspection Item Interior Condition Good Notes/Dimensions Interior ground level is storage for city supplies. Inspector AS SM Page 8 of 31 I JJ r i IIS f l t, Attributes Title Park Place CET Inspection Item Fill Pipe and Water Level Indicator Condition Good Notes/Dimensions 18" diameter fill pipe. Leaks noted in vertical section at weld seams shown further in report. Pressure gauge appears functional and reads in both feet and psi. Inspector AS S Page 9 of 31 t% IOIy l f Attributes Title Park Place CET Inspection Item Fill Pipe Condition Fair Notes/Dimensions Leaks noted in the weld seam of fill pipe at approx 100' and another at 125'. Inspector AS S Page 10 of 31 ji i1 lr lr r j i/%iii/j Attributes Title Park Place CET Inspection Item Overflow Pipe Conditian Good; Notes/Dimensions Runs along the interior of the tank and appears plumb. Pipe projects through pedestal wall approx 36" above grade. Inspector As sM Page 11 of 31 i C J Attributes Title Park Place CET Inspection Item Access Ladder Condition Good Notes/Dimensions Equipped with an acceptable bar style safety climb device.All rungs are secure and no loose bolts were noted. Inspector AS S Page 12 of 31 WW II finmxww^ Attributes Title Park Place CET Inspection Item Other—Pedestal Painter's Ring Condition Good Notes/Dimensions Painters ring mounted securely around circumference of the pedestal. No corrosion or loose bolts were observed. Inspector AS S Page 13 of 31 7 i 9 I I, J 11 t J V;I i J J Ja 1 j Attributes Title Park Place CET Inspection Item Riser Pipe Condition Good Notes/Dimensions Catwalk leading to upper riser pipe. Inspector AS SM Page 14 of 31 r Attributes Title Park Place CET Inspection Item Painter's Hatch Condition Good Notes/Dimensions Nom. 30" diameter pressure manway.Was not opened for inspection. Inspector AS S Page 15 of 31 r I 1 Attributes Title Park Place CET Inspection Item Riser Pipe Condition Good Notes/Dimensions Riser access ladder equipped with an acceptable bar style safety climb device. No loose rungs were noted and all bolts were tight. Inspector AS S Page 16 of 31 1 r Attributes Title Park Place CET Inspection Item Riser Pipe Condition Fair Notes/Dimensions Approx 9 areas where coating is chipped and bare steel is exposed. Observed throughout the riser pipe. Inspector AS S Page 17 of 31 ll r i i/ ii r rrr/i lr/rrr r r rii r r/ r %% r///////// it r (fj l ,i61 ,irorii r r i c ma r l/r G/E, Attributes Title Park Place CET Inspection Item Roof Hatch Condition Fair Notes/Dimensions Both access hatches were secured. Mild corrosion present on lip of manway. Inspector AS S Page 18 of 31 i m umll mil Attributes Title Park Place CET Inspection Item Obstruction Light Condition Fair Notes/Dimensions Appears functional.Only one bulb appears operational. Inspector AS S Page 19 of 31 1111 ff 1 ff,lel l J1,, i a Attributes Title Park Place CET Inspection Item Air Vent Condition Fair Notes/Dimensions Tank is equipped with two identical air vents. All bolts appear tight and air vents are properly screened using 16 fiberglass mesh screen. Inspector AS S Page 20 of 31 1011 i i i Attributes Title Park Place CET Inspection Item Interior Ladder Condition Fair Notes/Dimensions Ladder is equipped with a bar style safety climb device. Moderate corrosion noted on upper ladder rungs Inspector AS S Page 21 of 31 Attributes Title Park Place CET Inspection Item Exterior Coating Condition Fair Notes/Dimensions Failure of urethane top coat on exterior roof approx 4 sq ft. No corrosion noted. Inspector AS S Page 22 of 31 u w l rrr 100,00 Mate c J1 r r l ' jw 9&i ,. r1% re Attributes Title Park Place CET Inspection Item Interior Rafters Condition Poor Notes/Dimensions Severe coating failure present on center support ring Inspector AS S Page 23 of 31 Attributes Title, Park Place CET Inspection Item Interior Wet Coating Condition Poor Notes/Dimensions Severe coating failure present on center support ring Inspector AS SM Page 24 of 31 w v orfs w}, r i Attributes Title Park Place CET Inspection Item Interior Wet Coating Condition Poor Notes/Dimensions Rust blistering present on the interior tank floor with pitting underneath the blisters. Approx 100 blisters observed on the tank floor. Inspector AS S Page 25 of 31 I i r I'M/1411 nrw r r' t : r lii / mlk Attributes Title Park Place CET Inspection Item Water Quality Condition Fair Notes/Dimensions Mild sediment noted on the tank floor less than 1" deep. No oily residue or floating debris observed in the water.Tank was drained prior to inspection. Inspector AS S Page 26 of 31 tititiff ; I Attributes Title Park Place CET Inspection Item Interior Wet Coating Condit1oIn Fair Notes/Dimensions Mild localized corrosion present on tank shell. Inspector As sM Page 27 of 31 Attributes Title Park Place CET Inspection Item Interior Wet Coating Condition Fair Notes/Dimensions Moderate staining present on the interior of tank shell below high water line. Inspector AS S Page 28 of 31 luuup) m pllllmllV IIII II r 44 7 ry, NII s IIII II I Illlllllllllllllllllil VV I a Attributes Title Park Place CET Inspection Item Overflow Pipe Condition Poor Notes/Dimensions Blistering and corrosion cells present on approx 50%of overflow pipe on interior wet compartment of tank. Inspector AS S Page 29 of 31 J f a i j Attributes Title Park Place CET Inspection Item Overflow Pipe Condition Poor Notes/Dimensions Blistering and corrosion cells noted on approx 50%of over flow pipe on interior wet compartment of tank. Coating failure below overflow weir box. Inspector AS S Page 30 of 31 f i I, II Attributes Title Park Place CET Inspection Item Overflow Weir Condition Fair Notes/Dimensions Mild corrosion present inside overflow weir. Inspector AS SM Page 31 of 31 i/// MEN j fr I 4 I r it %moi I r a: 6 ; City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0703 Name:WWTP Contract Change Order for Blowers Status:Type:Change Order Consent Agenda File created:In control:11/20/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding Contract 14-408 with Pipe Works Constructors on approving Change Order #1 deleting Carters Creek Blowers 4&5 for a reduction of $336,324.35. Sponsors:David Coleman Indexes: Code sections: Attachments:Change Order form.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding Contract 14-408 with Pipe Works Constructors on approving Change Order #1 deleting Carters Creek Blowers 4&5 for a reduction of $336,324.35. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation:Staff recommends approval. Summary: Contract 14-408 was awarded to Pipe Works Constructors LLC for $1,149,000 to replace wastewater treatment blowers in three locations. In two of those locations, the blowers and aerators were replaced as per specifications and are serving their intended purposes well. However, we recommend the third location, Blowers 4 and 5 at Carters Creek, be deleted from the contract. Based on investigation by the design engineer, Bury Engineers, we specified the replacement blowers for CC 4&5 to be HSI Inc. model 14035 or equal, since they offered the lowest available life cycle cost for the needed aeration. However, after our construction contract was awarded, HSI was bought by Atlas Copco. Atlas Copco provided a submittal matching the performance characteristics of that blower to Pipe Works who in turn submitted that information to the City and the City approved it. However, after the blowers were manufactured, the factory performance tests showed the blowers would require almost 100 horsepower more than the submittal and would require operator intervention to remain in operation during sudden temperature drops. The added electricity alone would cost over $500,000 during the ten year period used for life cycle cost analysis. After several weeks of trying to get Atlas Copco to propose an acceptable remedy, the City sent a demand letter to Pipe Works who forwarded it to Atlas Copco requiring an acceptable proposal or the order would be canceled. Atlas Copco did not respond. Pipe Works and the City have concluded it is in both parties College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0703,Version:1 best interest to deduct the CC 4&5 Blowers from this project and close out this contract. The City will evaluate the market changes that have occurred since this contract was let and bid out the needed improvements at a future date. Budget & Financial Summary: This Change Order will result in $336,324.35 of planned expenditures remaining in the Wastewater Capital Projects Fund. However, the cost of installing the needed upgrades as a stand-alone project will probably exceed this amount. Staff will develop a plan for the additional funding needed and present that proposal to Council for approval. Reviewed and Approved by Legal: Yes Attachment: Change Order College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0714 Name:Emergicon Renewal Agreement Status:Type:Presentation Consent Agenda File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion of the General Services Agreement Renewal with Emergicon providing ambulance billing, accounts receivable and delinquent account collection services not exceed $120,000. This is the second renewal of four possible renewals. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Contract 13-045 Signed Emergicon - Ambulance Billing.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of the General Services Agreement Renewal with Emergicon providing ambulance billing, accounts receivable and delinquent account collection services not exceed $120,000. This is the second renewal of four possible renewals. Relationship to Strategic Goals: Goal 1. Spending taxpayer money efficiently. Recommendation(s):Staff recommends the approval of the Renewal of the General Service Agreement between the City of College Station and Emergicon. Summary:Ambulance billing is unique in that it requires specialized knowledge, training, and software in order to code the transports for billing, and it requires a tremendous amount of follow-up work with Medicare, Medicaid, and private insurance companies after bills are sent. Dealing with patient confidential information necessitates specialized training in federal HIPPA and Privacy Act legislation compliance. In November 2012, staff solicited proposals for ambulance billing, account receivable and delinquent account collection services. A total of 10 responses were received. A review committee made up of staff personnel from Fire, IT and Accounting was formed and after reviewing all proposals Emergicon was the toped ranked firm. The renewal on January 9, 2014 amended the contract to require Emergicon to provide the City a Statement on Standards for Attestation Engagements (SSAE) report which provides an Auditors opinion as to whether Emergicon has adequate controls and safeguards in place to protect City funds they collect on the City’s behalf. This Agreement for Services provides ambulance billing, accounts receivable and collection services for the City’s EMS operation. In FY2015 Emergicon collected $1.6 million net of fees for the City. This renewal is for the period of January 14, 2016 through January 13, 2017. Budget & Financial Summary:Funds are available in the General Fund, Fiscal Services, Accounting Division. The fee that will be charged for all new bills is 5% of the amount collected and 16% of any delinquent accounts collected. Reviewed and Approved by Legal:Yes College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0714,Version:1 Attachments: Renewal of the General Services Agreement between the City of College Station and Emergicon. College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ November 5, 2015 ATTN: Christopher Turner Emergicon, LLC 8176 Barbaree Blvd. Dallas, TX 75228 RE: Renewal #3 -RFP 13-012, Contract 13-045 Automated Ambulance Billing, Accounts Receivable and Delinquent Account Collection Services Dear Mr. Turner, The City of College Station appreciates the services provided by Emergicon, LLC this past year. We would like to exercise our option to renew the above referenced agreement for the term of January 14, 2016 through January 13, 2017. If this meets with your company's approval, please complete the attached contract renewal agreement and return it via e-mail to hpavelkalalcstx.gov or via fax (979-764-3899) Please follow up by mailing 3 original signed copies, no later than November 20, 2015, to my attention at the following address: Sincerely, (jf;JpµJ Heather Pavelka Buyer Attachment City of College Station Purchasing Division PO Box 9960 College Station, TX 77842 ----------------------------------------------------- RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew RFP 13-012, Contract 13-045 for Automated Ambulance Billing, Accounts Receivable and Delinquent Account Collection Services, in accordance with all terms and conditions previously agreed to and accepted for an amount not to exceed One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00). I understand this renewal term will be for the period beginning January 14, 2016 through January 13, 2017. This is the third of four possible renewals. Printed Name: C J-tl i s-1 ~· . .,'NL: ,:. Title: Cc. o:o~ Date: __ '.;;_· ___ .:_·;,,-'-·'-=·;,..._," __ _ City of College Station By: ___________ _ City Manager Date: ------- APPROVED: City Attorney Date: ------ Asst. City Manager/ CFO Date: ------ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0716 Name:Use Agreement w/ Arts Council of BV Status:Type:Presentation Consent Agenda File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding an amendment to the Building Use Agreement between the City of College Station and the Arts Council of Brazos located at 2275 Dartmouth Drive. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Amendment No.1.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding an amendment to the Building Use Agreement between the City of College Station and the Arts Council of Brazos located at 2275 Dartmouth Drive. Recommendation(s): Staff recommends approval of the amendment of the building use agreement to extend the term of the agreement by one year with an option for one additional year. Summary: On February 24, 2011 the City Council approved the purchase of the building occupied by the Arts Council of Brazos Valley located at 2275 Dartmouth Drive. The City Council also approved the use agreement with an initial term of three (3) years on February 24, 2011. On May 23, 2013 pursuant to the Use Agreement the City exercised the option to renew for an additional two year term - March 7, 2014 through March 6, 2016. The Arts Council would like to extend the agreement by one year with an option for one additional year as they continue to work on plans to move into a new location. Legal Review:Yes Attachments: 1.Use Agreement Amendment College Station, TX Printed on 12/7/2015Page 1 of 1 powered by Legistar™ AMENDMENT NO. 1 TO THE USE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND ARTS COUNCIL OF BRAZOS VALLEY This Amendment No. 1 to the Use Agreement between the City of College Station and Arts Council of Brazos Valley ("Use AgreemenY') is entered into between the CITY OF COLLEGE STATION, a Texas Home Rule Municipal Corporation ("City") and ARTS COiJNCIL OF BRAZOS VALLEY, a Texas Non-Profit Corporation ("ACBV"). Recitals WHEREAS, on or about March 7, 2011 the parties hereto entered into an agreement for ACBV to use City premises located in the Wolf Pen Creek area for enhancing the artistic and cultural life of citizens as set forth in the Use Agreement; and WHEREAS, the initial term of the Use Agreement was for three years with one additional two-year term extension at City's option; and WHEREAS, City exercised its option to renew the Use Agreement on or about April 29, 2013, making the Use Agreement extend through March 6, 2016; and WHEREAS, the parties now desire to enter into this Amendment No. 1 to the Use Agreement allowing for additional extensions; now therefore Amendment to Agreement For and in consideration of the additional benefits to accrue to both parties and the covenants of each, the City and ACBV agree to amend the Use Agreement as follows: 1. That Article II/TERM of the Agreement is hereby amended to read in its entirety as follows: CITY herein permits the use and by these present does allow ACBV to use the Premises legally as set out in the description attached hereto as Exhibit "A." The initial term of this Use Agreement is three years from the date of last approval by a party. This Agreement may be renewed at the CITY' S option for an additional two year term. Following such additional two year term, this Use Agreement is renewed for a one year term through March 6, 2017, with CITY'S option to renew the Use Agreement for an additional one year term through March 6, 2018. 2. That all other provisions of the Use Agreement remain in full force and effect. Arts Council Lease Extension FINAL 11.4.15 - Copy (2) 3. That this Amendment No. 1 to the Use Agreement is effective when executed by both parties. ARTS COUNCIL OF BRAZO VALLEY Printe am • ' ;<`• Title: L.C Date: i 2_ Z( l P ' Name: Ha,.s t Title: e 5 erc Date: t Z f, z- I S Printed Name: Title: Date: Arts Council Lease Extension FINAL 11.4.15 - Copy (2) CITY OF COLLEGE STATION, TEXAS Name: Nancy Berry Title: Mayor Date: ATTEST: City Secretary APPROVED: City Manager City Attorney Chief Financial Officer City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0717 Name:PPI Merchant Services Renewal Agreement Status:Type:Presentation Consent Agenda File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding a Payment Processing Inc. (PPI) Service Contract Renewal for Electronic Credit Card Processing and Merchant Account Services with estimated banking fees and services charges not to exceed $750,000 annually. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:2015Nov - City of College Station - Credit Card Processing Services Rene....pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a Payment Processing Inc. (PPI) Service Contract Renewal for Electronic Credit Card Processing and Merchant Account Services with estimated banking fees and services charges not to exceed $750,000 annually. Relationship to Strategic Goals:Goal I.1. Spending taxpayer money efficiently Recommendation(s):Staff recommends approval of the renewal of the Service Contract between the City of College Station and Payment Processing Inc. Summary:On December 8, 2011 Council approved a contract with PPI for an initial three (3) year term not to exceed $750,000 annually, ending December 16, 2014, with two (2) one year options for renewal. This is the first renewal option with PPI. In May 2002, Utility Customer Service began accepting credit cards for utility payments. Since that time, Council has approved Municipal Court, Police, Parks, Parking Garage and Street Meters, Accounting, and Planning & Development to accept credit card payments. We accept Visa, Mastercard and Discover. The City receives a special (lower) interchange rate for municipal utilities. The City absorbs the banking and service fees related to accepting credit cards except in Municipal Court. In February 2011, we began charging a convenience fee at Court for fines and fees paid using a credit or debit card. Approximately $239,783.13 has been collected in Court as a convenience fee since February 2011. Billing schedules are subject to change based on volume. Budget & Financial Summary:Banking and services fees for accepting credit cards are charged to each department that accepts Visa, Mastercard and Discover. Following is the gross receipts by credit card and corresponding fees by department for October 2014 thru August 2015: FY1 FY15 Gross Receipts thru Aug 2015 Fees thru August 2015 Utility Customer Service $42,596,545.72 $529,674.50 Municipal Court 2,369,535.54 28,215.91 Planning & Development Svcs. 1,490,592.50 40,274.87 Parks 922,736.23 15,789.85 Northgate (garage, parking lot meters) 716,609.98 57,972.96 Police 125,149.95 1,596.39 Accounting 12,284.66 630.93 Total $48,233,454.58 $674,155.41 College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0717,Version:1 FY1 FY15 Gross Receipts thru Aug 2015 Fees thru August 2015 Utility Customer Service $42,596,545.72 $529,674.50 Municipal Court 2,369,535.54 28,215.91 Planning & Development Svcs. 1,490,592.50 40,274.87 Parks 922,736.23 15,789.85 Northgate (garage, parking lot meters) 716,609.98 57,972.96 Police 125,149.95 1,596.39 Accounting 12,284.66 630.93 Total $48,233,454.58 $674,155.41 Attachments: Renewal Agreement College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0722 Name:Housley Contract for Fiber Optic Cable Installation Status:Type:Contract Consent Agenda File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion on a contract between the City of College Station and Housley Communications for installation of fiber optic cable in the amount of $ 96,027.80. Sponsors:Ben Roper Indexes: Code sections: Attachments:Housely Communications Contract.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a contract between the City of College Station and Housley Communications for installation of fiber optic cable in the amount of $ 96,027.80. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval Summary:On August 18,2015 the city issued RFP 15-069 to provide fiber connectivity from the existing city network in the vicinity of Holleman Drive S/Dowling Road intersection,Dowling Road Pump Station,to College Station Utility Service Center in the vicinity of Birmingham Road/Graham Road.One response to the RFP was received.After evaluation,the city determined that the proposal was reasonable and provided the best value to the city. The project was broken down into IV Phases.This contract covers Phases II-IV.Phase I is being re- evaluated in conjunction with the planned construction work to be done on South Holleman from the vicinity of the Dowling Road Pump Station to the intersection of South Holleman and Rock Prairie Rd West. Reviewed and Approved by Legal: Yes Budget &Financial Summary:Funding for this project is included in the Capital Improvement Plan Budget, Fiber Optic Infrastructure, CO 0902. College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0722,Version:1 Attachments: Contract College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ CITY OF COLL GE STATIUN Home of 7'exas AerM Univ rsity' City of College Station I101 Texas Ave * College Statlon, TX 77840 *(979) 764-3555 www.cstx.gov ADDENDUM NO. # RFP NO. # Date: October 8, 2015 To: All Interested Parties From: Heather Pavelka, Buyer Re: RFP 15-069, Fiber Route Installation The following information related to Request for Proposal No. # 15-069 is hereby made a part of the RFP Documents for the above referenced project as fully and as completely as though the same were included therein. Prouosal Form Uudate: The Proposal Form on page 32 of the RFP has been updated. Please use the attached Proposal Form for your proposal submissions. Notice of Date Chan e: The submission date for this RFP has been postponed until Tuesday, October 13, 2015 at 2:00 PM CST. All sealed proposals must be submitted by this time, or they will be returned unopened. Please acknowledge receipt of this addendum with signature and date and return with completed proposal. Failure to do so may cause your proposal to be considered non- reannncive_ G ' S c. Compa Name acknowledged D-/ -- / Date RFP 15-069 Fiber Route Installation page PROPOSAL FORM The Undersigned proposes to furnish all labor, services, materials, tools and necessary equipment for the construction of Fiber Route Installation and to perform the work required for the construction of said building at the location set out by the Plans and Specifications, in strict accordance with the Contract Documents. In submitting this Proposal, it is understood that this Proposal may not be altered or withdrawn for ninety (90) days, and that the Owner has reserved the right to reject any and all Proposals. The Undersigned certifies that this Proposal is made in good faith, without collusion or connection with any other person, persons, partnership, company, firm, association, or corporation offering Proposals on this work, for the following sum or prices to wit: Project Item Descriation Lump Sum Total Price Phase I 1 Labor 2 Materials 3 Other (specify) Phase I Subtota! Phase II 1 Labor 2 Materials 3 Other (specify) Phase II Subtotal Phase III 1 Labor 2 Materials 3 Other (specify) Phase III Subtotal Phase IV 1 Labor 2 Materials 3 Other (specify) Phase IV Subtotal GRAND TOTAL CALENDAR DAYS: Total number of calendar days to substantial completion is set at 120 days. RFP !S-O69 Fiber Route Installation page 2 CITY OF COII.EGE STATION Home of Texas Ae'rM University' 1101 Te ras Ave * College Station, TX 77840 *(979) 764-3555 www.cstx.gov ADDENDUM # 1 RFP # 15-069 Date: September 18, 2015 To: All Interested Parties From: Heather Pavelka, Buyer Re: RFP # 15-069, Fiber Route Installation The following additions, deletions or clarifications to Request for Proposal # 15-069 are hereby made a part of the RFP Documents for the above referenced project as fully and as completely as though the same were included therein. Vendor Submitted Ouestions. Answers Follow: 1. Would the use of a fabric innerduct (MaxCell) with an 18 AGW copper (Military spec) in the top be considered for use? MaxCell is not approvedfor use on this project. 2. What is the entire distance for the aerial ADSS fiber optic cabling portion for this project? Phase IV on the scope of work is the aerial portion and the approximate length is indicated. 3. Will the entire underground portion require 4" Schedule 40 PVC conduit w/4 (1") innerducts? Yes 4. is the geotechnical report available? No 5. What is the entire distance for the underground fiber optic cabling portion of this project? The approximate length is listed in Phase I, II, III, and IV of the scope of work. 6. Will Power Guide Loose Tube Fiber Optic ADSS cabling be used for the entire project including the underground portion of this project? Yes 7. Will fiber products (wire, splices/terminations, cleaning supplies, tools, etc.) be supplied by the City of College Station or by the contractor? The fiber optic cable will be supplied by the City of College Station. Splicing of the fiber optic cable will be done by the City of College Station. 8. Will any fiber be installed above ground? Yes, this project includes underground and aerial fiber installation. RFP 15-069, Fiber Route Installation Page I Addendum 1 9. Will each hand hole and manhole be spliced individually to allow for the requested excess cable to be coiled. There are two reels offiber optic cable to be used on this project. One reel offiber optic cable is 20, 000 feet and the other is 1 S, 000 feet, there will only be one splice point near the middle of this project. All other hand holes will have fiber optic cable slack in them. 10. is all underground work existing, only requiring boring from Grahm Rd to the areal section? No, Phase I and Phase II has underground work that is part of this project. 11. What is the diameter of the cable being used for the areal section? The Ciry is providing the cable. The cable diameter is 16.8mm (0.662 in). 12. Are proposals supposed to be submitted by independent phases? The City requests pricing by phase; however, the City reserves the right to award by phase. Incomplete bids will be a factor in evaluation/award. 13. Will traffic control materials be provided/available from the city? No 14. Will the city be providing the power pole attachments and other materials for the aerial phase of the fiber installation? No 15. Will the city be providing lift trucks, boom lifts? No 16. Do the existing hand holes have mule tape/ string in them currently? No. Exhibit A, Statement of Work, General, Phase III, The hand holes, duct system, inter-ducts are in place as government furnished material (GFM). Contractor shall supply & install tracer wire, ground rods, marker signs, "SnakePit " tracer box, & all other hardware required to install the fiber cable, including all other miscellaneous equipment & materials required to provide a TURN- KEY installation. 17. Would mule tape / string need to be pulled in with the new fiber to each hand hole? Not in the 1"(inch) interduct where the fiber optic cable is placed, but all 4— 1"(inch) interducts will comply with Exhibit A, Statement of Work, General, Conduit Specifications prior to pulling in the new fiber optic cable. 18. is the $130,000 estimated budget per phase, or total for all of them? The budget estimate is for the entire project. Please acknowledge receipt of this addendum with signature and date and return with completed bid. Failure to do so may cause your Bid to be considered non-responsive. n Name this Addendum No. 1 is hereby acknowledged v ls- Date RFP IS-069, Fdber Route Installation PaSe 2 Addendum 1 REQUEST FOR COMPETITIVE SEALED PROPOSALS AND CONTRACT DOCUMENTS FOR THE CITY OF COLLEGE STATION FIBER ROUTE INSTALLATION RFP NO. 15-069 DUE DATE OCTOBER 9, 2015 2:00 P.M. CITY OF COLLEGE STATION, TEXAS 1101 Texas Ave. College Station, TX 77842 (979) 764-3555 www.cstx.gov TABLE OF CONTENTS INSTRUCTION TO OFFERORS CONDITIONS OF AGREEMENT CONTRACTOR EXPERIENCE & QUALIFICATIONS CONTRACTOR KEY PERSONNEL CONTRACTOR REFERENCES CONTRACTOR CURRENT WORK SCHEDULE/RECORD CONTRACTOR LITIGATION, CLAIMS, REPUTATION & COMPLIANCE CONTRACTOR SAFETY RECORD CONTRACTOR QUALITY CONTROL PROGRAM CONTRACTOR FINANCIAL RESOURCES CONTRACTOR'S PROPOSAL CONTRACTOR COST REDUCTION SUGGESTIONS CERTIFICATION FIBER ROUTE INSTALLATION AGREEMENT SPECIAL PROVISIONS, TECHNICAL SPECIFICATIONS and DRAWINGS GEOTECHNICAL REPORT RFP 15-069 Fiber Route Installation Page 2 INSTRUCTION TO OFFERORS RFP 15-069 Fiber Route Installation Page 3 INSTRUCTIONS TO OFFERORS 1.0 ADVERTISEMENT Sealed competitive proposals addressed to the City of College Station, Texas will be received for Fiber Route Installation until 2:00 p.m. C.S.T., October 9, 2015 after which time all qualified proposals will be opened and summary prices read aloud. Proposals received after that time will be returned unopened. Sealed proposals shall be clearly marked with the bid number and title and addressed to the City of College Station – Purchasing Division. Bids shall be delivered using one of the following methods: Hand-deliver to: 1101 Texas Avenue College Station, Texas 77840 Mail to: PO Box 9960 College Station, Texas 77842 Ship to (FedEx, UPS, DHL, etc.): 310 Krenek Tap Road College Station, Texas 77840 LOCATION AND DESCRIPTION OF PROJECT This project will provide fiber connectivity from the existing city network in the vicinity of Holleman Drive S/Dowling Road intersection, Dowling Road Pump Station, to College Station Utility Service Center in the vicinity of Birmingham Road/Graham Road. A Pre-Proposal Meeting will be held in the IT Training Room at the City of College Station Utility Customer Services Building, 310 Krenek Tap Rd. September 11, 2015 at 2:00 P.M. This meeting is not mandatory, but attendance is highly recommended. Immediately following the meeting, a site tour will be conducted. This is the only site tour that will be allowed prior to submitting proposals. Questions and inquiries about this request for proposals shall be submitted in writing via the Q&A feature available through Brazos Valley Online Bidding System at https://brazosbid.cstx.gov . The deadline for written questions is Friday, September 25, 2015 at 2:00 P.M. C.S.T. COPIES OF PROPOSAL DOCUMENTS A complete set of Proposal Documents can be downloaded off of the City’s website at https://brazosbid.cstx.gov, or can be obtained from the Purchasing Department/City Hall, City of College Station, 1101 Texas Avenue, College Station, Texas 77840. All specifications and drawings will be provided free of charge on CD in .pdf format. Requests for proposal documents should be directed to: Purchasing Department 1101 Texas Avenue College Station, Texas 77840 (979) 764-3823 Monday through Friday from 8:30 a.m. to 5:00 p.m. Five (5) percent bid security is required. END ADVERTISEMENT RFP 15-069 Fiber Route Installation Page 4 2.0 SCHEDULE OF IMPORTANT DATES The tentative schedule for this Request for Proposal is as follows: Release RFP to Vendors August 18, 2015 Advertisement Dates August 18 & August 25, 2015 Pre-Proposal Meeting September 11, 2015 Deadline for Questions and Inquiries September 25, 2015 Proposal Submission Deadline October 9, 2015 Contract Evaluations/Negotiations October 2015 Earliest Award by City November 12, 2015 3.0 DEFINITION OF TERMS In order to simplify the language throughout this proposal, the following definitions and those defined in the Contract Documents shall apply: OFFEROR - A contractor who submits a Proposal directly to the City. PROPOSAL/CONTRACT DOCUMENTS - the Advertisement, Instructions to Offerors, the Proposal, Special Provisions, Technical Specifications and the proposed Contract Documents (including all Addenda issued prior to the receipt of Proposals). CITY OF COLLEGE STATION – Same as City. CITY COUNCIL – The elected officials of the City of College Station, Texas given the authority to exercise such powers and jurisdiction of all City business as conferred by the State Constitution and Laws. CONTRACT – An agreement between the City and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. CONTRACTOR – The successful Offeror(s) of this request for proposal. CITY – The government of the City of College Station, Texas. SUB-CONTRACTOR – Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this request for proposal. SUCCESSFUL OFFEROR - the lowest, qualified, responsible and responsive Offeror to whom the City (on the basis of the City's evaluation as hereinafter provided) makes an award. SUPPLIER – Same as Contractor. 4.0 GENERAL In accordance with Local Government Code, Chapter 252.043 (d-1), the City of College Station will select a contractor for the construction of the City of College Station Fiber Route Installation through competitive sealed proposals. The project consists of all labor, supervision, materials (less Government Furnished Materail), services and equipment required in conjunction with all work to complete the described work. RFP 15-069 Fiber Route Installation Page 5 The City will select such services in accordance with Section 2254.004 of the Government Code, and such services include inspection services, testing of construction materials engineering, and verification testing, if applicable. 5.0 ESTIMATED BUDGET The City has established One Hundred Thirty Thousand and NO/100 Dollars ($130,000.00) as the estimated budget for all the Work including alternates as described in the drawings, technical specifications, and other contract documents contained herein. 6.0 ESTIMATED CONSTRUCTION TIME The City has determined that 120 calendar days from the Notice to Proceed should be sufficient time for performing all work including any proposed alternates in accordance with the drawings, technical specifications, and other contract documents contained herein. 7.0 COPIES OF PROPOSAL/CONTRACT DOCUMENTS A complete set of Contract Documents can be obtained from the Purchasing Department/City Hall, City of College Station, 1101 Texas Avenue, College Station, Texas 77840. All specifications and drawings will be provided free of charge on CD in .pdf format. Complete sets of Proposal/Contract Documents must be used in preparing Proposals; the City assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. The City, in making the copies of the Proposal/Contract Documents available on the above terms, does so only for the purpose of obtaining Proposals on the work and does not confer a license or grant for any other use. 8.0 QUALIFICATIONS OF OFFERORS To demonstrate qualifications to perform the Work, each Offeror must submit all required documentation at the City's request, including, but not limited to financial data, previous experience, present commitments and other such data as may be called for in this request for proposal. Each Proposal must contain evidence of the Offeror's qualifications to do business in the State of Texas or covenant to obtain such qualification prior to award of the contract. In determining an Offeror's qualifications, the factors set forth at paragraph 25.0, “Evaluation Process”, will be considered. Each Offeror may be required to show that he has properly completed similar type work and that no claims are now pending against such work. No Proposal will be accepted from any offeror who is engaged in any work that would impair his ability to fully execute, perform or finance this work. 9.0 PREPARATION OF COMPETITIVE SEALED PROPOSAL All forms and requested information must be filled out and submitted with the Proposal for consideration. Failure to include completed information as requested may result in the rejection of the Proposal. Forms to be included are: a. Contractor Experience & Qualifications RFP 15-069 Fiber Route Installation Page 6 b. Contractor Key Personnel c. Contractor References d. Contractor Current Work Schedule/Record e. Contractor Litigation, Claims, Reputation & Compliance f. Contractor Safety Record g. Contractor Quality Control Program h. Contractor Financial Resources i. Contractor Proposal j. Contractor Cost Reduction Suggestions k. Contractor Certification If the Form(s) do not provide sufficient space to adequately respond to a question, the Offeror should attach additional sheets as necessary, referencing the page and question numbers to which the response pertains. A Proposal showing omissions, alterations, conditions, exceptions or other qualifiers which modify the Proposal Form(s) may be rejected as irregular. One (1) original and one (1) copies should be included. The original proposal must be submitted in a single unbound volume separated by and tabbed by section. The tabs should identify the sections by name rather than simply a number or alphabet. One (1) bound and tabbed copies should also be included. If the Offeror chooses to issue a "No Response" to a question on the Proposal, an explanation of this action is required. Failure to do so may be viewed by the City as an incomplete response and may subject the entire Proposal to rejection. 10.0 GENERAL PROVISIONS a. This Request of Competitive Sealed Proposal as advertised will be considered an inclusion of the specifications and conditions. b. The term “Owner” as used throughout these documents will mean The City of College Station, Texas. c. Proposals will be submitted on the forms provided by Owner. All figures must be written in ink or typewritten. However, mistakes may be crossed out, corrections inserted adjacent thereto and initiated in ink by the person signing the proposal. d. Formal advertised proposals indicate date and time by which the proposals must be received in the Purchasing division. Proposals received after that time will be returned unopened to the Offeror. e. The Offeror will note any exceptions to the conditions of this request for proposal. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception. f. Offerors may request withdrawal of a posted sealed proposal prior to the scheduled opening time, provided the request for withdrawal is submitted to the Purchasing Division in writing. Owner reserves the right to reject any and all proposals by reason of this request. g. In the event there are inconsistencies between the general provisions and other terms or conditions contained herein, the former will take precedence. RFP 15-069 Fiber Route Installation Page 7 h. If it becomes necessary to revise any part of this request for proposal, a written addendum will be provided to all offerors. Owner is not bound by any oral representations, clarifications, or changes made in the written specifications by Owner’s employees, unless such clarification of change is provided to offerors in written addendum form from the Purchasing Division. i. All proposals will be awarded to the offeror that offers the best value for the City based on the published selection criteria contained herein. j. Offerors may be disqualified and rejection of proposals may be recommended to the Owner for any (but not limited to) of the following causes: 1) Failure to use the proposal form furnished by the Owner; 2) Lack of signature by an authorized representative on the proposal form; 3) Failure to properly complete the proposal; 4) Evidence of collusion among proposers; 5) Omission of uncertified personal or company check as a proposal guarantee (if Bid Bond required); 6) Unauthorized alteration of form provided; 7) Lack of appropriate qualifications and experience relative to the size and scope of the work proposed; 8) Unsatisfactory performance; or 9) Failure to complete projects. Owner reserved the right to waive any minor informality or irregularity. k. Whenever in this invitation, any particular materials, process and/or equipment are indicated or specified by patent, proprietary or brand name, or by name of manufacture, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired and will be deemed to be followed by the words “or equal.” l. Samples of items shall be furnished, if requested by the Owner, without charge, and if not destroyed, shall be returned upon request at the offeror’s expense. m. It is agreed that the successful offeror will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous written consent of Owner and any sureties. n. Contractor must provide audited financial statements to the City. o. Prices should be itemized. Unit prices shall be set to no more than four (4) decimal places. The Owner reserves the right to award by item or by total bid. If there are discrepancies between unit prices and extension, the unit price will prevail. p. When an original and copies are required, if there are discrepancies between the original proposal and copies, the original proposal will prevail. q. No freight or delivery charges will be accepted unless shown on proposal. r. Discounts for prompt payment offered may be taken into consideration during evaluation of proposals. Terms of payment offered will be reflected in the space provided on the proposal form. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of invoice, whichever is later. s. Owner is exempt from State Retail Tax and Federal Excise Tax. The price proposed must be net, exclusive of taxes. t. All offerors will comply with all Federal, State, and local laws relative to conducting business in the City of College Station. The laws of the State of Texas will govern as to the interpretation, validity, and effect of this proposal, its award and any contract entered into. RFP 15-069 Fiber Route Installation Page 8 u. The successful offeror agrees by entering into this contract, to defend, indemnify and hold Owner harmless from any and all causes of action or claims of damages arising out of or related to offeror’s performance under this contract. v. Advanced disclosures of any information to any particular offeror which gives that particular offeror any advantage over any other interested offeror in advance of the opening of proposal, whether in response to advertising or an informal request for proposal, made or permitted by a member of the governing body or an employee or representative thereof, will operate to void all proposals of that particular solicitation or request. w. Minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, or national origin in consideration for an award. x. If unable to submit a proposal, please sign and return this form by return mail, advising reason for not submitting. 11.0 EXAMINATION OF CONTRACT DOCUMENTS AND SITE A. It is the responsibility of each Offeror before submitting a Proposal, to: a. examine the Contract Documents thoroughly, b. visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c. consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d. study and carefully correlate Offeror's observations with the Contract Documents, and e. notify Owner's Representative of all conflicts, errors or discrepancies in the Contract Documents, f. visit with local utilities and other entities that may have underground or above-ground infrastructure in the work area for infrastructure location. B. Information and data reflected in the Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data from the Owner's files for its underground facilities and information and data furnished by owners of other underground facilities. Owner does not assume responsibility for the accuracy or completeness thereof. C. Before submitting a Proposal each Offeror will be responsible to make or obtain such explorations, at Offerors expense and not to be added into cost of Proposal if accepted (tests and data concerning physical conditions - surface, subsurface and underground facilities - at or contiguous to the site, or otherwise) which may affect cost, progress, performance or furnishing of the Work and which Offeror deems necessary to determine its Proposal for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. D. On request in advance, Owner will provide each Offeror access to the site to conduct such explorations and tests as each Offeror deems necessary for submission of a Proposal. Offeror shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. RFP 15-069 Fiber Route Installation Page 9 E. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or disposal of spoil are to be provided by Contractor. Contractor is responsible for obtaining all permits required for any of the before mentioned purposes prior to beginning work F. The submission of a Proposal will constitute an incontrovertible representation by Offeror that Offeror has complied with every requirement of this section, that without exception the Proposal is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. No pleas of ignorance of conditions that may be encountered in their execution of the Work under this contract, that is a result of failure to make the necessary examinations and investigations herein above indicated, will be accepted as an excuse for the failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the Contract Documents. In no event shall a claim for extra compensation or for an extension of time be allowed for failure to thoroughly examine all requirements of Contract Documents. 12.0 INTERPRETATIONS and ADDENDA All questions about the meaning or intent of the Contract Documents are to be directed to the City Purchasing Division. Interpretations or clarification considered necessary by Owner's Representative and/or Architect in response to such questions will be issued by Addenda and mailed or otherwise delivered to all parties recorded by Owner's Representative as having received the Proposal/Contract Documents. Questions received less than 72 hours prior to opening of Proposals will not be answered. Only questions answered by a formal written Addenda will be binding. No oral and other interpretations or clarification will be considered official or binding. Addenda may also be issued to modify the Proposal/Contract Documents as deemed advisable by the City. To properly qualify his Proposal, each Offeror shall, prior to submitting his Proposal, check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the Proposal Form or on a separate attachment to the Proposal. Proposals without such acknowledgment of all issued Addenda and letters of clarification may cause your Proposal to be considered non-responsive. Such Addenda and letters of clarification shall become a part of the executed contract and modify the contract documents accordingly. 13.0 SECURITY Offerors must submit with their Proposal, a Cashier's Check or a Certified Check in the amount of five (5%) percent of the maximum amount of Proposal Price payable without recourse to the City of College Station, Texas, or a bid bond in the same amount from a surety company holding permit from the State of Texas to act as a surety, as a guarantee that Offeror will enter into a contract and execute bond and guarantee forms within fifteen (15) days after notice of award of contract. Proposals without checks, as stated above, or acceptable bid bond may not be considered. RFP 15-069 Fiber Route Installation Page 10 Bid Security shall be in effect from the opening of the Proposal and will be retained until an Offeror has executed the Fiber Route Installation Agreement and furnished the required contract security or more than ninety (90) calendar days from the date of opening of the Proposal have lapsed. All Proposals are irrevocable and cannot be withdrawn for ninety (90) day calendars following the date scheduled for the opening of the Proposals. The Bid Security of the Successful Offeror will be retained until such Offeror has executed the Fiber Route Installation Agreement and furnished the required contract security, whereupon the Bid Security will be returned. If the Successful Offeror fails to execute and deliver the Fiber Route Installation Agreement and furnish the required contract security within fifteen (15) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Offeror will be forfeited. The Bid Security of other Offerors whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until 5 days after the Fiber Route Installation Agreement is executed whereupon Bid Security furnished by such Offerors will be returned. Bid Security with Proposals which are not competitive will be returned within seven days after the Proposal opening. 14.0 SUBSTITUTE OR "OR EQUAL" ITEMS The materials and equipment described in the Proposal/Contract Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Offeror and has been received by Owner's Representative at least seventy-two (72) hours prior to the date for receipt of Proposals or until after the contract for the work has been signed. Each such request shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitute including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Offeror. The Owner's Representative's decision of approval or disapproval of a proposed substitution shall be final. If Owner's Representative approves any proposed substitution before the date for receipt of Proposals, such approval will be set forth in an Addendum issued to all prospective Offerors. Offerors shall not rely upon approvals made in any other manner. Any substitutions submitted after award of the Project shall be made in accordance with the requirements of the Fiber Route Installation Agreement. 15.0 PROPOSAL FORM The Proposal Form(s) are included with the Contract Documents; additional copies may be obtained from the Purchasing Department, City of College Station, 1101 Texas Avenue, College Station, Texas 77840. All blanks on the Proposal Form(s) must be completed in ink or by typewriter. Unfilled blanks may result in the Proposal being disqualified. Proposals by corporations must be executed in the corporate name by the corporate officer authorized to sign for the corporation, accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and accompanied by evidence of authority to sign. The fiscal address of the partnership must be shown below the signature. RFP 15-069 Fiber Route Installation Page 11 All names must be typed or printed below the signature. The Proposal shall contain an acknowledgment of receipt of all Addenda. The numbers and dates of which must be filled in on the Proposal Form or on a separate attachment to the Proposal. The address and telephone number(s) for communication regarding the Proposal must be shown. All of the data on the FORM(S) must be completely filled in. 16.0 SUBMISSION OF PROPOSALS All required documents and form(s) shall be submitted by the time and place indicated in the Advertisement. One (1) unbound original and one (1) bound copies shall be included. It shall be enclosed in an opaque sealed envelope, marked with the project title, name and address of the Offeror. The Proposal shall be accompanied by the Bid Security and other required documents. If the Proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "PROPOSAL ENCLOSED" on the face of it. Each Offeror should, prior to submitting his Proposal check the receipt of all Addenda or letters of clarification issued and acknowledge such receipt on the outside of the envelope containing his Proposal. 17.0 REIMBURSEMENTS There is no express or implied obligation for the City of College Station to reimburse Offerors for any expenses incurred in preparing Proposals in response to this Request for Proposal and the City of College Station will not reimburse responding Offerors for these expenses, nor will the City pay any subsequent costs associated with the provision of any additional information or presentation, or to procure a contract for these services. 18.0 MODIFICATION AND WITHDRAWAL OF PROPOSALS Proposals may be modified or withdrawn by an appropriate document duly executed, in the described manner that a Proposal must be executed, and delivered to the place where Proposals are to be submitted at any time prior to the opening of Proposals. 19.0 OPENING OF PROPOSALS Properly prepared Proposals will be opened publicly and read aloud. A summary of the amounts of the base Proposal Price and major alternates (if any) will be made available and read aloud to Offerors after the opening of Proposals. All other information contained in the Proposals will not be disclosed until after the award of the contract. A tabulation of the Proposal Prices which are read will be available upon request as soon as it has been assembled and verified. Proposals received after the specified time of the opening will be returned unopened. 20.0 PUBLIC INFORMATION AND NOTICE OF CONFIDENTIALITY The City considers all Proposal information, documentation and supporting materials submitted in response to this Request for Proposal to be non-confidential and/or non-proprietary in nature, and therefore, shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Sec. 552.001, et seq.) after the award of the contract. RFP 15-069 Fiber Route Installation Page 12 Except for trade secrets and confidential information which the Offeror identifies as proprietary, all Proposals will be open for public inspection after the contract award. 21.0 OWNERSHIP OF THE COMPETITIVE SEALED PROPOSAL Submitted Proposals, documentation and supporting materials shall become the property of the City of College Station. 22.0 PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE All Proposals will remain subject to acceptance, for 90 days after the date of the opening, but Owner may, in its sole discretion, release any Proposal and return the Bid Security prior to that date. However, not later than forty-five (45) days after the opening of the proposals, the City shall evaluate and rank each proposal submitted in relation to the published selection criteria. 23.0 EVALUATION PROCESS Proposals will be opened publicly to identify the names of the Offerors and their respective proposed contract amount and contract time. Other contents of the Proposals will not be disclosed prior to award or rejection by City Council. Proposals will be evaluated by the City in consultation with the Engineer. The Offeror understands and must agree that if a contract is awarded, it will be awarded to the Offeror submitting the best value to the City. The City is not bound to accept the lowest priced Proposal if that Proposal is judged not to be the best value for the City, as solely determined by the City. The weighted criteria for evaluation and selection of the successful Offeror for this award will be based upon the factors listed below: a. 50 % Proposed contract amount and contract time b. 25 % Contractor and Subcontractor Experience & Qualifications c. 10 % Contractor and Subcontractor References & Reputation d. 5 % Contractor Current Work Schedule/Record e. 5 % Contractor Key Personnel f. 3 % Contractor Financial Resources g. 2 % Contractor Safety Record After opening the Proposals and within forty-five (45) days of the opening, the City will evaluate and rank each Proposal with respect to the published selection criteria described under this Section. After opening and ranking, an award may be made on the basis of the initially submitted Proposal, without discussion, clarification, or modification, or the Owner may discuss with the selected offeror, cost adjustments and other elements of the Proposal. Other than the data read at the public opening, the City shall not disclose any information derived from the Proposals submitted by competing Offerors in conducting such discussions. If the City determines that it is unable to reach a satisfactory agreement with the first ranked Offeror, the City will formally, and in writing, terminate discussions with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract can be negotiated or all Proposals are rejected. 24.0 AWARD OF CONTRACT Owner reserves the right to reject any and all Proposals, to waive any and all informalities and irregularities and to negotiate contract terms with the Successful Offeror, and the right to disregard all non-conforming, non-responsive, unbalanced or conditional Proposals. Also, Owner RFP 15-069 Fiber Route Installation Page 13 reserves the right to reject the Proposal of any Offeror if Owner believes that it would not be in the best interest of the Project to make an award to that Offeror, whether because the Proposal is not responsive or the Offeror is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Proposals, Owner will consider the qualifications of the Offerors, whether or not the Proposals comply with the prescribed requirements, time of construction, and such alternates, unit prices and other data, as may be requested in the Proposal Form or prior to the Notice of Award. Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of Offerors, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. If the contract is to be awarded, it will be awarded to the lowest evaluated Offeror whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project, taking into consideration the relative importance of price and other factors set forth in this Request for Proposal. If the contract is to be awarded, Owner will give the Successful Offeror a Notice of Award within 90 days after the day of the Proposal opening, subject to mutually agreed extensions of this period. 25.0 FIBER ROUTE INSTALLATION AGREEMENT This Request for Proposal includes the City's Fiber Route Installation Agreement and other applicable terms and conditions. A statement of willingness to utilize the City of College Station Agreement and other applicable terms and conditions must be provided. The Offeror should review all applicable agreements, terms and conditions thoroughly. Contractors who are not willing to sign the applicable agreement without modification need not submit. 26.0 CONTRACT SECURITY Performance Bond and Payment Bond will be made part of the Fiber Route Installation Agreement between The City of College Station And Contractor and set forth City's requirements as to Performance and Payment Bonds. 27.0 SIGNING OF AGREEMENT The Successful Offeror shall execute the Fiber Route Installation Agreement and provide proof of all required insurance based on staff recommendation prior to Council action. All required RFP 15-069 Fiber Route Installation Page 14 bonds shall be delivered to City prior to execution of the Agreement. A fully executed Fiber Route Installation Agreement will be presented to Successful Offeror with a City of College Station Purchase Order. 28.0 PRE-PROPOSAL CONFERENCE A Pre-Proposal Meeting will be held in the IT Training Room at the City of College Station Utility Customer Services Building, 310 Krenek Tap Rd September 11, 2015 at 2:00 PM. This meeting is not mandatory, but attendance is highly recommended. Immediately following the meeting, a site tour will be conducted. This is the only site tour that will be allowed prior to submitting proposals. Representatives of the Owner will be present to discuss the project. Offerors are highly encouraged to attend and participate in the conference. Owner's Representative will transmit to all prospective Offerors of record such Addenda as he considers necessary in response to questions arising at the conference. 29.0 PERSONAL INTEREST College Station City Charter Article XII, Section 116. Members of the City Council and officers and employees of the City shall comply with state law pertaining to conflicts of interest in local government officials, including TEXAS LOCAL GOVERNMENT CODE, Chapter 171. 30.0 CONFLICT OF INTEREST DISCLOSURE QUESTIONNAIRE During the 79th Legislative Session, House Bill 914 was approved, which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of College Station, including affiliations and business and financial relationships such persons may have with City of College Station officers. An explanation of the requirements of Chapter 176, applicable forms and a complete text of the new law are available at: http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm. If you are unable to obtain such information online, you may obtain copies of the same at City Hall, Purchasing Office, 1101 Texas Avenue, College Station, TX 77840. BY DOING BUSINESS OR SEEKING TO DO BUSINESS WITH THE CITY OF COLLEGE STATION, YOU ACKNOWLEDGE THAT YOU HAVE BEEN NOTIFIED OF THE REQUIREMENTS OF CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE AND THAT YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH THEM. RFP 15-069 Fiber Route Installation Page 15 CONDITIONS OF AGREEMENT RFP 15-069 Fiber Route Installation Page 16 CONDITIONS OF AGREEMENT CONTRACT DOCUMENTS STANDARD SPECIFICATIONS FOR CONSTRUCTION--CITY OF COLLEGE STATION The City of College Station has adopted standards for streets and water and sewer construction. These City standards are hereby made a part of the technical specifications. The most recent version of the “Bryan/College Station Unified Design Manual, Technical Specifications and Standard Construction Details” are available at http://www.bcsunited.net/ or may be purchased from Development Services office at 1101 Texas Avenue in College Station. Any discrepancies between the City standards and these specifications shall be clarified per the instructions in Paragraph 12.0, “INTERPRETATIONS AND ADDENDA” in the instructions to Offerors. GENERAL CONDITIONS OF AGREEMENTS The Fiber Route Installation Agreement between Owner and Contractor and all other contract documents shall be governing conditions of this contract. OTHER PROVISIONS OF AGREEMENT A. USE OF THE SPECIFICATIONS: These specifications shall be used in conjunction with the City of College Station’s Standard Specifications of Water and Sewer Construction and Street Construction as outlined above, if applicable. B. MEASUREMENTS: All work not specifically set forth as a pay item in the Proposal shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the various unit prices listed in the Proposal. C. QUANTITIES: Where unit quantities are shown on each item of the Proposal, they shall be construed to represent approximate quantities of Work to be completed. Final quantities will be determined by measurement on the site of the completed Work. Work performed outside of specified limits will not be included in final measurement. Offerors are hereby notified that no incidental items of the Work will be paid for unless it is listed in the Proposal form as a pay item. D. EXPLOSION, COLLAPSE AND UNDERGROUND HAZARDS (XCU): Contracts where trenching depths exceed twelve (12) feet shall require additional coverage for the following General Liability hazards: RFP 15-069 Fiber Route Installation Page 17 Explosion Applies to blasting operations Collapse Applies to excavation and grading work adjacent to structure Underground Applies to excavation, burrowing, trenching, tunneling, etc. For example, severing an electrical line during excavation operations. TRAFFIC CONTROL The Contractor shall submit to the City Engineer a traffic control plan for each public right-of-way he enters prior to the beginning work under this Agreement. This plan shall be in conformance to the Texas Manual on Uniform Traffic Control Devices. Once reviewed, the plans will be returned to the Contractor with comments. Approved Traffic Control Plans shall be in the possession of the contractor on site during all work within the designated right of way. CONTRACT FORMS, BONDS AND CERTIFICATES The Fiber Route Installation Agreement, Performance and Payment Bonds provided herein will be made a part of the executed contract documents and are made a part of these specifications. RFP 15-069 Fiber Route Installation Page 18 CONTRACTOR'S EXPERIENCE & QUALIFICATIONS General Contractors Name: ` l D Wl l `i c S C. I. General a. Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. b. Attach your Project Organization Chart c. Submit list of other fully staffed branch offices d. Submit list of corporate officers, partnerships or owners of organization II. History a. Please specify: Corporation - State of Incorporation -e ( P S Partnership Sole Proprietorship Joint Venture b. Specify: In continuous business since: (7C_'.P 1, c. Specify: Large Business (100 or more employees) Small Business (fewer than 100 employees) Other III. Experience a. Normally performs D % of work with own forces. b. Proposing to perform D o o % of work for this project with own forces. i. List Trades i 1 i'' L 1 c c. For work performed by the Prime Contractor on this project, Prime Contractor shall indicate if they will be using internal labor forces for the placement and finishing of the concrete or if they will be using day labor and only providing over RFP 15-069 Fiber Route Installation Page 19 sight in the form of a foreman and superintendent for the concrete placement and fmishing. Provide additional attachments as required) b be. e(' neo b / C cr,-- -- y 1- 5 . RFP 15-069 Fiber Route Installation Page 20 List of Pro ects See A% Similar Pro'ects in Size and Sco e Com leted in Last Five Years) Project Municipality / Client Primary Project Contacts $ Amount Type Date and Number RFP /5-069 Fiber Route Installation Page 21 HOUSLEY COMMUNICATIONS, INC. CURRENT CONTRACTS ON HAND ATTACHMENT A CONTACT CONTRACT CONTRACT CONTRACT CONTRACT % CONTACT CONTACT PHONE OWNER DESCRIPTION PRIME/SUB AMOUNT DATES Complete NAME ADDRESS NUMBER Verizon - San VERIZON COMM. ANNUAL TELCOM PRIME $15,000,000 10-2012 - 10-2016 50% Joe Sanchez An elo, TX 76904 972-318-5268 13560 Morris Rd. WINDSTREAM Andy Alpharetta, GA COMM. ANNUAL TELCOM PRIME $17,000,000 01-2013 - 01-2016 55% Chappina 30004 678-351-8436 CHANGE ORDERS TO ORIGINAL CONTRACT FOR Trinity 5520 LBJ WATER & SEWER Infrastructure Freeway Suite TRINITY LINE Pablo 150, Dallas, TX INFRASTRUCTURE RELOCATION PRIME $8,192,542 03-2011 - 11-2014 95% Fernandez 75240 972-239-2471 WATER LINE 3465 Curry Lane, U& F WSC CONSTRUCTION PRIME $148,688 07-2014 - 10-2014 99% Ken Martin Abilene, TX 79606 325-695-1070 CITY OF WATER DIST. 3465 Curry Lane, GOLDTHWAITE SYSTEM IMPROV. PRIME $263,068 10-2014 - 1-2015 5% Ken Martin Abilene, TX 79606 325-695-1070 Page 1 HOUSLEY COMMUNICATIONS, INC. COMPLETED PROJECTS ATTACHMENT B CONTRACT COMPLETION CONTRACT OWNER CONTRACT DESCRIPTION ENGINEER PHONE AMOUNT DATE Water/Waste Water Telecom TRINITY INFRASTRUCTURE Relocation Trinity and City of Dalfas 972-239-2471 $17mm Jun-15 City of Sonora City of Sonora Phase 2 Enprotec Hibbs & Todd 325-698-5560 $783,462.00 Jul-15 City of Goldthwaite Water Distribution Jacob & Martin 325-695-1070 $263,068.00 Apr-15 U& F WSC Water Line Installation lacob & Martin 325-695-1070 $148,688.00 Oct-14 City of Moran, Texas Water System Improvements Jacob & Martin 817-594-9880 $337,040.00 Jul-14 Tom Green County FWD 1 Water System Improv. Jacob & Martin 325-695-1070 $597,265.00 Apr-14 Town of Buffalo Gap Water Line Improvements Jacob & Martin 325-695-1070 $108,124.00 Mar-14 City of Ackerly Water System Improv. Burgess & Niple 432-689-8909 $245,724.00 Jan-14 Manville WSC FM 685 Relocation J.F. Fontaine & Assoc. 903-729-6005 $153,746.00 Dec-13 Birkhoff Hendricks & City of Sonora Water System Improv. Carter 214-361-7900 $2,342,907.00 Oct-13 City of San Angelo 2012 Water Line Improv. #1 City Engineering 325-651-4263 $1,096,008.00 Aug-13 North Runnels WSC FM 2111 Water Line Improv. Jacob & Martin 325-695-1070 $486,280.00 Feb-13 City of Coleman Hords Creek Pump Station Jacob & Martin 325-695-1070 $775,543.00 May-12 Western CASS WSC Phase III Dist. System Improv. J.F. Fontaine & Assoc. 903-729-6005 $1,893,528.00 May-12 City of Coleman Water Line Installation Jacob & Martin 325-695-1070 $240,751.00 Apr-12 City of Sonora Waste Water System Inprov. Enprotec Hibbs & Todd 325-698-5560 $233,020.00 Apr-11 CONTRACTOR KEY PERSONNEL Superintendent & Project Manager Information Resumes of key personnel shall also be included. Professional affiliations, memberships, and certifications for each of the key personnel must be included and will be used to evaluate the proposed team and personnel. Scheduler Years Experience Projects P e. 3 Quality Control Person Years Experience Projects 1 SLG ,C bvt RFP 15-069 Fiber Route Installation Page 22 CONTRACTOR REFERENCES References: Name 10 projects of similar work, giving owner's name, owner's representative's name, project architecdengineer's name, and telephone numbers for each. References must be provided for projects of similar size and scope as the proposed City project. 1. 1 er Za 2' l ac S re,v^ 4. } T` 5. C `c 6 , RFP 15-069 Fiber Route Installation Page 23 6. E 10. RFP I 5-069 Fiber Route Installation Page 24 I. CONTRACTOR'S CURRENT WORK SCHEDULE/RECORD Current Work Schedule a. List major construction projects your organization has in-progress using the format below: Name & Location Contract $ % Complete Projected Owner Contact of Pro'ect Com letion Date And Phone T 4c.1 F', T II. b. Total nuxnber and dollar amount of contracts currently in progress: Number 3 $ S i 0 . y 1 . , c. Largest single contract amount currently in progress: Project Name: J S'Tce 55Q Projected Completion Date : - 3 r d1 Dollar Amount $$ p 7_ y y. (o Past Record a. List major construction projects of our organization has completed in the last 5 years with completion dates and references. Name & Location Contract $ Date Completed Owner Contact of Pro'ect and Phone c. a.. b. Volume of work completed over last 5 years: Zois $ y 4 s 9 S Zola $ y 2013 $ ( .13 S , S! (.o 2012 $ 3 31` 2oi1 $ `d, l.o . 33 RFP 15-069 Fiber Route Installation Page 25 HOUSLEY COMMUNICATIONS, INC. CURRENT CONTRACTS ON HAND ATTACHMENT A CONTACT CONTRACT CONTRACT CONTRACT CONTRACT % CONTACT CONTACT PHONE OWNER DESCRIPTION PRIME/SUB AMOUNT DATES Complete NAME ADDRESS NUMBER Verizon - San VERIZON COMM. ANNUAL TELCOM PRIME $15,000,000 10-2012 - 10-2016 50% Joe Sanchez An elo, TX 76904 972-318-5268 13560 Morris Rd. WINDSTREAM Andy Alpharetta, GA COMM. ANNUAL TELCOM PRIME $17,000,000 01-2013 - 01-2016 55% Chappina 30004 678-351-8436 CHANGE ORDERS TO ORIGINAL CONTRACT FOR Trinity 5520 LBJ WATER & SEWER Infrastructure Freeway Suite TRINITY LINE Pablo 150, Dallas, TX INFRASTRUCTURE RELOCATION PRIME $8,192,542 03-2011 - 11-2014 95% Fernandez 75240 972-239-2471 WATER LINE 3465 Curry Lane, U& F WSC CONSTRUCTION PRIME $148,688 07-2014 - 10-2014 99% Ken Martin Abilene, TX 79606 325-695-1070 CITY OF WATER DIST. 3465 Curry Lane, GOLDTHWAITE SYSTEM IMPROV. PRIME $263,068 10-2014 -1-2015 5% Ken Martin Abilene, TX 79606 325-695-1070 Page 1 HOUSLEY COMMUNICATIONS, INC. COMPLETED PROJECTS ATTACHMENT B CONTRACT COMPLETION CONTRACT OWNER CONTRACT DESCRIPTION ENGINEER PHONE AMOUNT DATE Water/Waste Water Telecom TRINITY INFRASTRUCTURE Relocation Trinity and City of Dallas 972-239-2471 $17mm Jun-15 City of Sonora City of Sonora Phase 2 Enprotec Hibbs & Todd 325-698-5560 $783,462.00 Jul-15 City of Goldthwaite Water Distribution Jacob & Martin 325-695-1070 $263,068.00 Apr-15 U& F WSC Water Line Installation Jacob & Martin 325-695-1070 $148,688.00 Oct-14 City of Moran, Texas Water System Improvements lacob & Martin 817-594-9880 $337,040.00 Jul-14 Tom Green County FWD 1 Water System Improv. Jacob & Martin 325-695-1070 $597,265.00 Apr-14 Town of Buffalo Gap Water Line Improvements Jacob & Martin 325-695-1070 $108,124.00 Mar-14 City of Ackerly Water System mprov. Burgess & Niple 432-689-8909 $245,724.00 Jan-14 Manville WSC FM 685 Relocation J.F. Fontaine & Assoc. 903-729-6005 $153,746.00 Dec-13 Birkhoff Hendricks & City of Sonora Water System Improv. Carter 214-361-7900 $2,342,907.00 Oct-13 City of San Angelo 2012 Water Line Improv. #1 City Engineering 325-651-4263 $1,096,008.00 Aug-13 North Runnels WSC FM 2111 Water Line Improv. lacob & Martin 325-695-1070 $486,280.00 Feb-13 City of Coleman Hords Creek Pump Station Jacob & Martin 325-695-1070 $775,543.00 May-12 Western CASS WSC Phase III Dist. System Improv. J.F. Fontaine & Assoc. 903-729-6005 $1,893,528.00 May-12 City of Coleman Water Line Installation lacob & Martin 325-695-1070 $240,751.00 Apr-12 City of Sonora Waste Water System Inprov. Enprotec Hibbs & Todd 325-698-5560 $233,020.00 Apr-11 CONTRACTOR LITIGATION, CLAIMS, REPUTATION & COMPLIANCE I. Please answer the following questions a. Has your firm ever defaulted, been declared to be in default, or failed to complete any work awarded? yes no If yes, stipulate where and why: b. Has your firm ever paid (or had withheld from payment) liquidated damages for failure to complete a contract on time? yes no If yes, stipulate where and why: c. Has your organization ever been charged with or paid a fine for non-compliance of State and/or Federa.l statutes or regulations? yes no If yes, stipulate where and why: II. List pending claims and/or litigation against or involving project owners at time of submitting Proposal. Show project name, owner and summary explanation. RFP 15-069 Fiber Route Installation Page 26 CONTRACTOR'S SAFETY RECORD I. List your organization's Workers Compensation Experience Modiiication Rate (EMR) for the last five yeazs, as obtained from your insurance agent. 2015 ,0 1 2014 . 9 l Zoi3 .3 Zo12 , 37 2011 l . 1 .. II. Complete the matrix below for the last five years, as obtained from OSHA No. 200 Log: 2009 2008 2007 2006 2005 Number of in'uries & illnesses O J1 Z Number of lost time accidents o Number of recordable cases , p Number of fatalities p p p Number of employee direct hire fixed hours round to 1,000's 5DS cp CAO SqS 0 III. Please answer the following questions regarding your safety program a. Are regular project safety meetings held for Field Supervisor(s)? yes no If yes, frequency: weekly bi-monthly Cmonthly as needed b. Are project safety inspections conducted? yes no If yes, who p rforms inspections? A / Sv(L How often? ' Who is required to a end? . J a a. A e.c- c. Does your organization have a written safety program? C yes no If yes, provide a copy. It will become a compliance document upon contract award. eA ! e. p,,Ma 1er . Oae. oZDb PA JeS' RFP I 5-069 Fiber Route Installation Page 27 d. Does your organization have a safety orientation program for new employees? yes no For employees promoted to Field Supervisor? yes no If yes, does your Supervisor Safety Program include instructions on the following: Safety work practices _ yes _ no Tool box safety meetings _ yes _ no First aid procedures _ yes _ no Accident investigation _ yes _ no Fire protection _ yes _ no New worker's orientation _ yes _ no RFP 15-069 Fiber Route Installation Page 28 CONTRACTOR'S QUALITY CONTROL PROGRAM I. Submit a complete quality control program which will become a compliance document upon contract award. II. This plan should address all aspects of quality control including responsibility for surveillance work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with City's inspectors. Jsle l..j(y W1,J'c.c.-.',o s, >c. U6es o C' ,a e l i cJ/' "c e'' QJ.'Y ASS rA r«r°fA n^ PIA J N6. U e' i'M `O C. Q a1.`- 55 +t A c. c_ `i1 i PW -- e i- . i^ t' o R-.t t,\` '' c.;y r P c , o e eR- S 1 P` / F ^^ • A 1` %'t/JA NC S Ju G1CVISd S d' cla l D2/'.Sa+c.' i 1/ Ava o c- y,;,-Fy eXPeG as Q eA e . l. e., q he ('e A,c.i G 5't w•e,CS vC. : S/ Qv at`NeS r e 2ew.Qa's. J A Q A I 155 rA,c oq-yr 5 Fc ,c c l e- CP 50e. o we1o,e. 'o w, 2e' JjJp I` e$ r w+ a,-S • RFP /5-069 Fiber Route Installation Page 29 CONTRACTOR'S FINANCIAL RESOURCES Submit your last audited fmancial statement and most current financial statement. S e Ac.c . RFP 15-069 Fiber Route Installation Page 30 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES INDEPENDENT AUDITORS' REPORT For the Year Ended January 31, 2015 Chilton Wilcox & Fortenberry Certified Public Accountants San Angelo, Texas TABLE OF CONTENTS Independent Auditors' Report ............................................................................... Consolidated Balance Sheet .......................... Consolidated Statement of Income 2 3-4 5-6 Consolidated Statement of Changes in Stockholders' Equity .............................................7 Consolidated Statement of Cash Flows Notes to Financial Statements Supplementary Information Supporting Schedules Schedule I ................................. Schedule II ............................... 8-9 10-21 22 23 Additional Disclosures UNAUDITED .............................................................................24 CHILTON WILCOX & FORTENBERRY TROYCE D. WILCOX, CPA JOHN S. FORTENBERRY, CPA CERTIFIED PUBLICACCOUNTANTS 3471 Knickerbocker Road, Suite 410 San Angelo, Texas 76904-8825 325) 224-8866 / (325) 224-8420 fax wfsacpas @wfsacpas. com Independent Auditors' Report To the Board of Directors of Housley Communications, Inc. Report on the Financial Statements MEMBERS American Institute of CPA's Texas Society of CPA's We have audited the financial statements of Housley Communications, Inc. (a corporation) and its subsidiaries, Abell Transfer & Storage, Inc., Housley Technology, Inc., and Visicom Group, Inc., which comprise the balance sheet as of January 31, 2015, and the related statements of income, changes in stockholders' equity, and cash flows for the year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these fnancial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to error or fraud. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards reyuire that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the fnancial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of signifcant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Board of Directors Housley Communications, Inc. Page 2 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Housley Communications, Inc. and its subsidiaries, Abell Transfer & Storage, Inc., Housley Technology, Inc., and Visicom Group, Inc. as of January 31, 2015, and the results of its operations and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. Other-Matter Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying supplementary information on pages 22-24 is presented for purposes of additional analysis and is not a required part of the basic financial statements of the Company. Except for the additional disclosure on page 24 regarding Backlog, which is marked UNAUDITED and on which we express no opinion, the information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole. C,,. ° y. Certified Public Accountants July 14, 2015 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEET January 31, 2015 ASSETS CURRENT ASSETS Cash and cash equivalents Accounts, contracts and notes receivable, less allowance of $491,782.65 Costs and estimated earnings in excess of billings, less allowance for contract losses of $0 Other receivables (Schedule I) Inventories Prepaid expenses ( Schedule I) Split dollar life insurance Deferred t asset TOTAL CURRENT ASSETS NONCURRENT ASSETS Accounts, contracts and notes receivable, less current portion of $9,680,256.02 PROPERTY AND EQUIPMENT Land and land improvements Buildings and improvements Leasehold improvements Signs Office equipment Machinery and equipment Transportation equipment Accumulated depreciation TOTAL PROPERTY AND EQUIPMENT OTHER ASSETS Foreclosed real estate Goodwill TOTAL OTHER ASSETS TOTAL ASSETS See accompanying notes. 735,046.78 9,680,256.02 2,249,516.10 40,076.59 2,120,589.00 957,140.13 877,778.14 1,245,850.60 17,906,253.36 10,823.86 530,116.62 1, 842,299.44 108,260.57 3,460.00 1,346,288.46 25,242,997.04 7,633,632.45 36,707,054.58 32,087,115.88) 4,619,938.70 53,981.30 1,421,674.31 1,475,655.61 24.012,671.53 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEET (CONTINUED) January 31, 2015 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES Accounts payable Accrued liabilities ( Schedule I) Billings in excess of cost and estimated earnings Current portion of long-term debt Deferred revenue DuetoCNA Retainage due subcontractors Short term notes payable TOTAL CURRENT LIABILITIES LONG-TERM DEBT Notes payable, less current portion of $45,331.96 OTHER LIABILITIES Deferred taxes (noncurrent) TOTAL LIABILITIES STOCKHOLDERS' EQUITY Common Stock 100,000 shares authorized, 12,729 shares issued and outstanding, $1 par value Additional paid-in capital Retained earnings Accumulated other comprehensive income Noncontrolling interest TOTAL STOCKHOLDERS' EQUITY TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY See accompanying notes. 2,551,473.71 1,715,910.37 218,411.69 45,331.96 129,148.68 253,335.24 445,072.48 3,937,954.65 9,296,638.78 49,978.88 630,201.72 9,976,819.38 12,729.00 108,956.87 13,809,034.78 105,131.50 14,035,852.15 24,012.671.53 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF INCOME Year Ended January 31, 2015 REVENUES Contract services & sales Factoring revenue Expense reimbursements OPERATING EXPENSES Materials & supplies Depreciation and amortization Bad debts Bonus Employee benefits Insurance Officers compensation Other operating expenses (Schedule II) Pension and profit sharing plan Rents (Schedule I) Repairs (Schedule I) Salaries and wages Subcontracted services Taxes (Schedule I) Workers compensation TOTAL OPERATING EXPENSES OPERATING INCOME (LOSS) OTHER INCOME (EXPENSE) Interest income Dividends received Net realized gain (loss) on disposal of assets Trade discounts taken Interest expense Penalties & fines INCOME (LOSS) BEFORE TAXES See accompanying notes. 58,787,408.44 223,763.07 438,049.34 59,449,220.85 7,663,292.23 1,723,049.58 8,619.89 225,888.18 465,213.14 1,447,246.05 1,923,974.63 7,358,928.64 325,000.00 2,637,632.34 l ,197,444.03 12,714,019.10 21,488,417.99 1,847,785.13 668,915.90 61,695,426.83 2,246,205.98) 20,002.45 21,500.45 158,996.09 26,016.78 46,779.83) 1,937.41) 2,068,407.45) HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF INCOME (CONTINUED) Year Ended January 31, 2015 INCOME TAXES Current state income tax Current corporate income tax Deferred tax (expense) benefit TOTAL INCOME TAXES CONSOLIDATED NET INCOME (LOSS) Net (Income) Loss Attributable to the Noncontrolling Interest NET INCOME (LOSS) ATTRIBUTABLE TO THE REPORTING ENTITY, WHICH IS THE CONTROLLING INTEREST See accompanying notes. 776.00) 499,638.70 498,862.70 1,569,544.75) 226,657.20) 1.796.201.951 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF CHANGES IN STOCKHOLDERS' EQUITY Year Ended January 31, 2015 Additional Common Paid-In Retained Noncontrolling Stock Capital Earnings Interest TOTAL Balance, January 31, 2014 $ 12,729.00 $ 108,956.87 $ 15,605,236.73 $(121,525.70) $ 15,605,396.90 COMPREHENSIVE INCOME Net income (loss) Dividends Balance, January 31, 2015 See accompanying notes. 1,796,201.95) 226,657.20 (1,569,544.75) 12,729.00 $ 108,956.87 $ 13,809,034.78 $ 105,131.50 $ 14,035,852.15 7 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF CASH FLOWS Year Ended January 31, 2015 CASH FLOWS FROM OPERATING ACTNITIES Consolidated Net Income (Loss) $ (1,569,544.75) Adjustments to reconcile consolidated net income to net cash provided by operating activities Depreciation and amortization 1,723,049.58 Loss (gain) on disposal of equipment (158,996.09) Increase) decrease in: Accounts, contracts and notes receivable (1,757,298.47) Inventories (420,120.18) Costs and estimated earnings in excess of billings on uncompleted contracts 1,934,727.92 Current deferred tax asset (252,491.28) Prepaid expenses (47,821.12) Other receivables (6,863.59) Increase (decrease) in Trade accounts payable 159,286.18 Accrued liabilities 95,516.18 Deferred revenue 102,970.10 Deferred tax liability (247,147.42) Billings in excess of costs and estimated earnings on uncompleted contracts (1,213,822.02) Retainage due to subcontractars (21,292.96) NET CASH USED BY OPERATING ACTIVITIES (1,679,847.92) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of fixed assets (839,647.90) Split Dollar Life Insurance (27,150.70) Proceeds from disposal of equipment 187,259.94 NET CASH USED BY INVESTING ACTIVITIES (679,538.66) CASH FLOWS FROM FINANCING ACTNITIES New borrowings Short-term notes Long term notes payable Debt reduction: Short-term notes Long term notes payable NET CASH PROVIDED BY FINANCING ACTIVITIES NET INCREASE (DECREASE) IN CASH $ See accompanying notes. 3,143,877.24 3,150,340.83 2,723,740.32) 1,192,031.78) 2,378,445.97 19,059.39 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF CASH FLOWS (CONTINUED) Year Ended January 31, 2015 CASH AT BEGINNING OF YEAR SUPPLEMENTAL DISCLOSURES: Interest paid Federal income taxes paid 715,987.39 CASH AT END OF YEAR $ 735,046.78 Noncash investing and financing activities: Fixed asset acquired using debt Note payable additions related to acquisition of fixed assets Fixed assets traded in Accumulated depreciation on fixed assets traded in Gain on trade in of fixed assets Total noncash investing and financing activities: See accompanying notes. 28.246.74 43,403.34 43,403.34) 391,147.50) 310,270.29 80,877.21 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note A Summary of Significant Accounting Policies Or anizational Historv and Nature of Operations Housley Communications began as a sole proprietorship on October 1, 1980, and incorporated July 29, 1983. Housley Communications, Inc. is engaged in the design, construction, and repair of telecommunication cable systems. Construction contracts, primarily with national telephone companies, vary but typically are less than one year. Housley Communications, Inc. provides these services with their employees as well as subcontractors. Abell Transfer and Storage, Inc., an Atlas Van Lines franchise, provides moving and storage services for household goods nationwide. This company was acquired as a wholly owned subsidiary of Housley Communications, Inc. on May 3, 1984. Housley Technology, Inc. was incorporated in Texas on January 12, 1998, as another wholly owned subsidiary of Housley Communications, Inc. Housley Technology, Inc. was originally formed to provide contract services to telephone companies in South Africa. This company was inactive for a period of years until March of 2003 when the company began operations to finance subcontractors' advances on contracts and to extend short-term notes to subcontractors and employees. On December 1, 2010, Housley Communications, Inc. purchased 75% of the outstanding capital stock of Visicom Group, Inc. Visicom Group, Inc. provides automation services to the oilfield, security services and internet services. Basis of Consolidation The consolidated financial statements include the accounts of Housley Communications, Inc., its wholly owned subsidiaries, and Visicom Group, Inc., a 75% owned subsidiary, after elimination of all significant intercompany balances and transactions. Revenue and Cost Reco ni tion The Company recognizes revenues from fixed-price construction contracts on the percentage of completion method, measured by the percentage of cost incurred to date to estimated total cost for each contract. That method is used because management considers total costs to be the best available measure of progress on the contracts. Because of inherent uncertainties in estimating costs, it is at least reasonably possible that the estimates used will change within the near term. Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor, supplies, tools, repairs, and depreciation. General and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. 10 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note A Summary of Significant Accounting Policies (continued) Revenue and Cost Reco nition (continued Changes in job performance, job conditions and estimated profitability may result in revisions to costs and income, which are recognized in the period in which the revisions are determined. Changes in estimated job profitability resulting from job performance, job conditions, contract penalty provisions, claims, change orders, and settlements, are accounted for as changes in estimates in the current period. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenues recognized in excess of amounts billed. The liability, `Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess of revenues recognized. Cash and Cash Equivalents Cash and cash equivalents include cash on hand, cash in banks, and all highly liquid investments with a maturity of three months or less at the time of purchase. Inventories Inventories consist of construction materials, business forms, and supplies and are stated at the lower of cost or market value. Loans and Notes Receivable Loans and notes receivable are stated at the amount of unpaid principal, reduced by an allowance for loan losses. Interest is compounded on these notes monthly and is recorded as income and included in the unpaid balance of the note. Allowance for Loan Losses Housley Technology, Inc. finances subcontractors' advances on contracts and short-term notes to subcontractors and employees. The reserve for loan losses is maintained to provide for probable credit losses related to specifically identified loans and for losses inherent in the loan portfolio that have been incurred as of the balance sheet date. The reserve is comprised of specific reserves, general reserves, and an unallocated reserve. Allowance for Loan Losses (continuedZ Specific reserves are assessed for each loan that is reviewed for impairment or for which a probable loss has been identified. Factors contributing to the determination of specific reserves include the financial condition of the borrower, changes in the value of pledged collateral and general economic conditions. General reserves are established based on historical charge-offs considering factors, which include risk rating, industry concentration and loan type, with the most recent charge-off experience weighted more heavily. The 11 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note A Summary of Significant Accounting Policies (continued) Allowance for Loan Losses (continuedZ unallocated reserve, which is judgmentally determined, generally serves to compensate for the uncertainty in estimating loan losses. Many factors affect the overall consideration of the unallocated reserve, such as: changing economic conditions, improper risk ratings, possible over or under allocations of specific reserves, as well as other factors which impact the credit quality and collectibility of the portfolio. The allowance for loan losses is maintained at a level, which in management's judgment is adequate to absorb credit losses inherent in the loan portfolio. The amount of the allowance is based on management's evaluation of the collectibility of the loan portfolio, including the nature of the portfolio, credit concentrations, trends in historical loss experience, specific impaired loans, and economic conditions. The allowance is increased by a provision for loan losses, which is charged to expense, and reduced by charge-offs net of recoveries. On January 31, 2015, the allowance for loan losses is estimated at $9,097.39. Recoveries of loans written off in prior years were $-0-. Subsequent Events Management has evaluated subsequent events through July 14, 2015, the date the financial statements were available to be issued. Advertisin The Company does not engage in any direct-response advertising. All advertising costs are expensed as incurred and no advertising costs have been capitalized. Propertv and Equi ment Property and equipment is stated at cost. The cost of additions and betterments are capitalized and expenditures for repairs and maintenance are expensed in the period incurred. When items of property and equipment are sold or retired, the related costs and accumulated depreciation are removed from the accounts and any gain or loss is included in income. Depreciation and amortization of property and equipment is provided utilizing both the straight-line and accelerated methods over the estimated useful lives of the respective assets as follows: Transportation equipment Furniture and fixtures Small tools 5 years 7 years 5 years Leasehold improvements are amortized over the shorter of the remaining term of the lease or the useful life of the improvement utilizing the straight-line method. l2 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note A Summary of Significant Accounting Policies (continued) Foreclosed Real Estate Foreclosed real estate includes both formally foreclosed property and in-substance foreclosed property. In-substance foreclosed properties are those properties for which the institution has taken physical possession, regardless of whether formal foreclosure proceedings have taken place. At the time of foreclosure, foreclosed real estate is recorded at the lower of the Company's cost or the asset's fair value less cost to sell, which becomes the property's new basis. Any write-downs on the asset's fair value at date of acquisition are charged to the allowance for loan losses. After foreclosure, these assets are carried at the lower of their new cost basis or fair value less cost to sell. Costs incurred in maintaining foreclosed real estate and subsequent write-downs to reflect declines in the fair value of the property are included in income (loss) on foreclosed real estate. Compensated Absences Employees of the Company are entitled to paid vacation and paid sick days depending on their length of service. These compensated absences are not vested upon termination or resignation. Accordingly, no liability has been recorded in the accompanying financial statements. The Company's policy is to recognize the costs of compensated absences when actually paid to employees. Accountin Estimates The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Estimates that are particularly sensitive because of their significance to these financial statements are accumulated depreciation, the allowance for uncollectible contracts and accounts receivable, the allowance for loan losses, the costs and estimated earnings in excess of billings on uncompleted contracts, the billings in excess of costs and estimated earnings on uncompleted contracts, and the value of foreclosed real estate. Contracts Receivable Contracts receivable are recorded when invoices are issued and are presented in the balance sheet net of the allowance for doubtful accounts. Contract receivables are written off when they are determined to be uncollectible. The allowance for doubtful accounts is estimated based on the Company's historical losses, the existing economic conditions in the construction industry, and the financial stability of its customers. Recoveries of accounts written off in prior years totaled $0. 13 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note A Summary of Significant Accounting Policies (continued) Contracts Receivable (continued Normal contractor lien rights collateralize the Company's receivables. Contract receivables include contract retainage, all of which are due within the subsequent fiscal year. Factored Receivables Housley Technology, Inc. factors certain contractor receivables. The receivables factored are limited to subcontractors who primarily have contracts with Housley Communications, Inc. Upon performance of the contract, the subcontractors will submit their invoice to Housley Technology, Inc. for payment at a discounted rate. At the discretion of Management, subcontractors who have performed satisfactorily, may factor receivables with Housley Technology, Inc. from other contracts that do not originate from Housley Communications, Inc. The allowance for doubtful accounts has been considered on these factored receivables with similar parameters as the allowance for doubtful accounts with respect to contract receivables. Recoveries of factored accounts written off in prior years totaled $-0-. Retaina e Due Contractors At January 31, 2015, $445,072.48 of contract retainage was due on subcontract agreements. The Company's policy is to reimburse the contract retainage upon completion and final acceptance of all projects under the supervision of the individual subcontractor. Income Taxes Income taxes are provided for the tax effects of transactions reported in the financial statement and consist of taxes currently due plus deferred taxes related primarily to differences between the basis of allowance for uncollectible contracts and accounts receivable, allowance for loan losses, accumulated depreciation, and net operating losses for financial and income tax reporting. The deferred tax assets and liabilities represent the future tax return consequences of these differences, which will either be taxable or deductible when the assets are recovered or settled. Deferred taxes also are recognized for operating losses that are available to offset future federal income taxes. For both purposes of financial reporting and income tax reporting, the Company uses the percentage of completion method for recognizing revenues on long-term contracts. Therefore, there is no difference in the basis of long-term contracts for either fnancial or tax reporting purposes. 14 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note A Summary of Significant Accounting Policies (continued) Income Taxes (continued Effective February 1, 2009, the Company adopted ASC Topic 740-10, Accounting for Uncertainty in Income Taxes, which prescribes a recognition threshold and measurement attribute for financial statement recognition and measurement of a tax position taken or expected to be taken in a tax return. For those benefits to be recognized, a tax position must be more-likely-than-not to be sustained upon examination by taxing authorities. For the year ended January 31, 2015, the Company has no material uncertain tax positions to be accounted for in the financial statements under the new rules. The Company recognizes interest and penalties, if any, related to unrecognized tax benefits in interest expense. For federal and state franchise and income tax purposes the tax returns essentially remain open for possible examination for a period of three and four years respectively after the date on which those returns are filed. Pension and Profit Sharin P lans The Company has a 401(k) profit sharing plan that provides for eligible employees to defer payment of taxes on a portion of their salary by making contributions to the plan through payroll deductions. In lieu of matching contributions to the plan, on January 31, 2015, the Board of Directors elected to accrue a discretionary contribution to the plan in the amount of 325,000.00. Goodwill The Company has classified as goodwill the cost in excess of the carrying value of net assets related to the acquisition of one of its subsidiaries. Goodwill is not subject to amortization. Management tests goodwill at the reporting unit level for impairment on an annual basis and between annual tests if an event occurs or circumstances change that would more likely than not reduce the fair value of a reporting unit below its carrying amount. Note B Cash The following is an analysis of the reconciled cash balances at January 31, 2015: Petty cash Operating accounts Payroll accounts Other miscellaneous accounts Total 15 1,100.00 923,308.82 193,814.37) 4.452.33 735.046.78 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note C Cost, Estimated Earnings, and Billings on Uncompleted Contracts Cost, estimated earnings, and billings on uncompleted contracts at January 31, 2015 are summarized as follows: Cost incurred on uncompleted contacts Estimated earnings Estimated losses Billings to date 2,720,289.26 443,274.79 0- 3,163,564.05 1,132,459.64 2.031.104.41 Included in the accompanying balance sheet under the following captions: Cost and estimated earnings in excess of billings on uncompleted contracts $ 2,249,516.10 Billings in excess of costs and estimated earnings on uncompleted contracts ( 218,411.69) 2.031.104.41 Note D Accounts, Contracts and Notes Receivable At January 31, 2015, accounts, contracts, and notes receivable consisted of the following: Contracts Trade accounts Factored receivables Balance 9,685,376.64 22,690.18 311,304.65 Sub-total 10,019,371.47 Notes receivable 163,491.06 Net accounts and notes receivable $ 10.182.862.53 Less long term portion due after January 31, 2016 Current portion of Accounts and notes receivable 16 Less Allowance 479,016.40 1,134.51 2,534.35 482,685.26 9,097.39 491,782.65 Net 9,206,360.24 21,555.67 308,770.30 9,536,686.21 154,393.67 9,691,079.88 10,823.86) 1 • 1 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note E I nventories At January 31, 2015 inventories consisted of the following: Business forms Construction materials, fuel, and parts Total 2,461.98 2,118,127.02 2.120.589.00 Inventories are stated at the lower of cost or market. Cost is determined by specific identification of each unit. Note F Pension and Profit Sharing The amount charged to operations for the Company's pension and profit sharing plan contribution was $325,000.00 for the year ended January 31, 2015. Note G Notes Payable The Company has a$ 3,000,000.00 revolving line of credit note due to First Financial Bank of San Angelo bearing interest at Wall Street Journal prime rate with a floor of 3.75%, maturing June 15, 2015. This note is collateralized by a personal guarantee from Mr. Robert Housley, Chairman of the Board, for which he has pledged certain securities held by Cetera Financial Group. Interest is due monthly, with the principal balance due at maturity. As of January 31, 2015, the balance was $2,105,688.49. The Company has an outstanding note payable to Robert Housley at January 31, 2015 in the amount of $1,832,266.16. The note carries an interest rate of 3.5% and compounds interest monthly until the principle is repaid. The Company had outstanding notes payable to Ford Credit at January 31, 2015 in the amount of $95,310.84. This consists of 6 separate notes with an interest rate of 6.74% and a 36 month term. Maturities of long-term notes are as follows: Year Ending January 31, 2016 2017 2018 Amount 45,331.96 44,241.34 5.737.54 95.310.84 Interest expense for the year ending January 31, 2015, was $46,779.83. 17 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note H Operating Lease The Company has a sale-leaseback arrangement with Tetra Financial Group in the amount of 3,374,475.56. This consists of 6 separate lease schedules with varying dates of termination, each with a 24 month term. The Company has the option to add, exchange, return or add equipment resulting in an adjustment to the lease schedule(s). At the end of each lease, the Company is under no obligation to purchase the equipment. The future minimum lease payments each year will be as follows: Year Endin J v 31, Amount 2016 $ 843,407.55 2017 322,027.03 1.165.434.58 Note I Major Customers The Company performs various construction services primarily for telephone companies. Approximately 76% of revenue billed during the year ended January 31, 2015 was to three separate customers. On January 31, 2015, the amount due the Company from these three customers was approximately $7,905,196.77. Note J Concentration of Credit Risk The Company maintains its cash in bank deposit accounts that, at times, may exceed federally insured limits. Accounts are guaranteed by the Federal Deposit Insurance Corporation (FDIC) up to certain limits. At January 31, 2015, the Company had approximately $1,325,571.69 in excess of FDIC insured limits. The Company has not experienced any losses in such accounts. Note K Related Party Transactions Edward Housley, manager of Abell Transfer and Storage, Inc. is also a brother of Robert D. Housley. Total accounts and notes receivable due from related parties as of January 31, 2015 was 15,067.50. Total accounts and notes payable due to related parties as of January 31, 2015 was 1,832,266.16. The Company leases two office buildings from the Housley Family LP (HFLP), one in Bryan, Texas and the other in Hutto, Texas, and space within a building in Jonesboro, Arkansas. The monthly rental payments to the HFLP are $3,000.00, $7,000.00, and $1,000.00 respectively. 18 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statemenfs Year Ended January 31, 2015 Note L Income Taxes At January 31, 2015, the components of the income tax expense consisted of the following: Current tax expense (state income taxes) $ 776.00 Deferred tax expense (499.638.70) Total $ (498.862.70) The net current deferred tax asset and the net noncurrent deferred tax liability in the accompanying balance sheet includes the following amounts of deferred tax assets and liabilities as January 31, 2015: Current deferred tax assets (liabilities) Allowance for bad debts Net operating losses Total current deferred tax asset Non-current deferred tax assets (liabilities) Accumulated depreciation Total non-current deferred tax liability 167,206.22 1,078,644.38 1.245:850.60 630.201.72) 630.201.72) Net operating losses may be used to offset income for a period of 20 years beginning after the year the loss was generated. Any unused losses remaining after 20 years will begin to expire in 2031. Note M Property and Equipment Net Depreciation and amortization for the year ending January 31, 2015, was $1,723,049.58 and 0-, respectively. Note N Goodwill The Goodwill balance at January 31, 2015 was $1,421,674.31. Generally accepted accounting principles require that the unamortized value of purchased goodwill be evaluated annually to determine whether the amount reflected on the balance sheet as an asset has been impaired. In Management's opinion, there has been no impairment to the value of recorded goodwill during the year ended January 31, 2015. 19 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Nofes to Financial Statements Year Ended January 31, 2015 Note O Fair Value Fair value is the price to hypothetically sell an asset or transfer a liability in an orderly manner in the principal market for that asset or liability. Accounting standards prioritize the use of observable inputs in measuring fair value. The level of a fair value measurement is determined entirely by the lowest level input that is significant to the measurement. The three levels are (from highest to lowest): Level 1: Observable prices in active markets for identical assets and liabilities; Leve12: Observable inputs other than quoted market prices in active markets for identical assets and liabilities, which include quoted prices for similar assets or liabilities in an active market and market-corroborated inputs; and, Leve13: Unobservable inputs. At January 31, 2015, the Company carried the following financial assets and liabilities at fair value: Split dollar life ins. Foreclosed real estate Goodwill Total Quoted Prices in Active Markets for Significant Other Identical Assets Observable Inputs Level 1) (Level 2) 877,778.14 53,981.30 Unobservable Inputs Level 3) 1,421,674.31 931,759.44 $1,421,674.31 Level 1 inputs as of January 31, 2014 Marketable securities) Level 1 inputs - current year acquisitions Level 1 inputs - current year dispositions Level 1 inputs - current year change in fair value Level 1 inputs as of January 31, 2015 20 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Notes to Financial Statements Year Ended January 31, 2015 Note O Fair Value (continued) Leve12 inputs as of January 31, 2014 Leve12 inputs - current year acquisitions Level 2 inputs - current year dispositions Level 2 inputs as of January 31, 2015 Level 3 inputs as of January 31, 2014 Level 3 inputs - current year acquisitions Level 3 inputs - current year dispositions Leve13 inputs as of January 31, 2015 904,608.74 27,150.70 931,759.44 1,421,674.31 1,421,674.31 The fair value of Level 3 inputs is stated at current market value. The current market value was determined based upon current market data gathered and assessed by management. No adjustment to the fair value of the level 3 inputs was deemed necessary as of January 31, 2015. 2l SUPPLEMENTARY INFORMATION HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Schedule I Year Ended January 31, 2015 OTHER RECEIVABLES Advances - employees, subcontractors & others Due from related party Utility deposits - construction PREPAID EXPENSES Prepaid insurance Prepaid software support Prepaid equipment lease Prepaid federal income tax Prepaid state income taxes ACCRUED LIABILITIES 401 K contributions payable Insurance Payroll (wages, salaries & taxes) Property t es Sales taxes Texas state margin tax RENTS Equipment rental Rent - storage / other REPAIRS Equipment repair Maintenance & repair - building TAXES Payroll taxes Property taxes Sales & use taac Licenses, registrations & permits State franchise ta ces - Texas See accompanying notes and independent auditors' report. 22 3,991.09 15,067.50 21,018.00 40.076.59 673,988.13 34,884.00 196,875.00 49,734.00 1,659.00 957.140.13 325,000.00 134,983.71 924,6013 9 27,133.28 48,747.99 255,444.00 1,715,910.37 1,997,'771.35 639,860.99 2.637.632.34 1,117,999.17 79,444.86 1.197.444.03 1,058,006.41 329,915.63 33,657.05 130,825.00 295,381.04 1,847.785.13 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Schedule II Year Ended January 31, 2015 OTHER OPERATING EXPENSES Advertising Airplane operating & maintenance Bank charges & wire fees Business gifts Claims/damages to customers property Commissions Computer support Contract services Contributions Dues and publications Education and seminars Entertainment Equipment operating expense Human resources admin expense Inventory variance Key man life insurance Legal and professional Meals & lodging - per diem Miscellaneous Office supplies and postage Packing and crating material Sanitary services & pest control Security services Supplies and tools Telephone and paging Travel Utilities Vehicle expense including repair See accompanying notes and independent auditors' report. 23 28,11333 5,27430 9,027.18 4,038.83 34,158.55 7,420.87 137,915.77 462,593.81 24,227.64 47,026.48 29,188.30 90,176.58 1,390,459.91 19,703.05 25,903.43 49,910.37 234,441.97 203,430.75 4,836.19 415,001.43 5,545.09 58,077.08 13,894.68 490,01631 436,733.07 719,813.38 96,027.01 2,315,973.28 7,358.928.64 HOUSLEY COMMUNICATIONS, INC. AND SUBSIDIARIES Additional Disclosures to Financial Statements Year Ended January 31, 2015 UNAUDITED Backlo Backlog at January 31, 2015, is estimated to be $13,902,279.15. Backlog represents the amount of revenue the Company expects to realize from work to be performed on uncompleted contracts in progress at year-end and from contractual agreements on which work has not yet begun. See accompanying notes and independent auditors' report. 24 CONTRACTOR'S PROPOSAL FORM RFP 15-069 Fiber Route Installation Page 31 PROPOSAL FORM The Undersigned proposes to furnish all labor, services, materials, tools and necessary equipment for the construction of Fiber Route Installation and to perform the work required for the construction of said building at the location set out by the Plans and Specifications, in strict accordance with the Contract Documents. In submitting this Proposal, it is understood that this Proposal may not be altered or withdrawn for ninety (90) days, and that the Owner has reserved the right to reject any and all Proposals. The Undersigned certifies that this Proposal is made in good faith, without collusion or connection with any other person, persons, partnership, company, firm, association, or corporation offering Proposals on this work, for the following sum or prices to wit: Proiect Item Description Lump Sum Total Price Phase I 1 Labor iG 1 1 O 2 Materials r 3 Other (specify) Phase I Subtotal t Phase II 1 Labor ,. p 2 Materials r 3 Other (specify) Phase II Subtotal ' Phase III 1 Labor 2 Materials 3 Other (specify) Phase III Subtotal f CjW Phase IV 1 Labor , 2 Materials 3 Other (specify) Phase IV Subtotal ,, i. '' GRAND TOTAL J CALENDAR DAYS: Total number of calendar days to substantial completion is set at 120 days. RFP I 5-069 Fiber Route Installation page 2 RECEIPT OF ADDENDA 1 I hereby acknowledge receipt of the following Addenda: 6 d/Y l'i e C. CONTRACTOR NAME: t t"In Q_(, • CONTRACTOR SIGNA RFP 15-069 Fiber Route Installation Page 33 CONTRACTOR'S COST REDUCTION SUGGESTIONS RFP I 5-069 Fiber Route Installation Page 34 CERTIFICATION RFP 15-069 Fiber Route Installation Page 35 CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute the City of College Station Fiber Route Installation Agreement, that this Proposal has not been prepared in collusion with any other Offeror, and that the contents of this Proposal have not been communicated to any other Offeror prior to the official opening of this Proposal. Additionally, the undersigned affirms that the firm is willing to sign the enclosed City of College Station Fiber Route Installation Agreement. Signed B . Title: %/ i dre e. Typed Name: 11CJ • Oc)S P Company Name: k-c.- 0 N , Phone No.: 3-y (s Fax No.: 3o c 1 Email: - - n - • < or Pro osa . 1 j SO S, ,/'VAr u P.O. Box or Order Address: 5 L P.O. Box or Street Remit Address: SAv P.O. Box or Street Federal Tax ID No.: '%S— / 8 9 9 y5 CQ Date: - `oZ a / . d City City City PROPOSAL NO. 15-069 9 3 Address: State Zip State Zip State Zip RFP I 5-069 Fiber Route Installation Page 36 FIBER ROUTE INSTALLATION AGREEMENT RFP 15-069 Fiber Route Installation Page 37 Form Revised on 7-30-15 Contract No. 16300113 Page 1 CITY OF COLLEGE STATION FIBER ROUTE INSTALLATION CONTRACT This Fiber Route Installation Contract is by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the “City”), and Housley Communications, Inc. (the “Contractor”), for the following work: Fiber connectivity from existing city network in the vicinity of Holleman Drive S/Dowling Road intersection, Dowling Road Pump Station, to College Station Utility Service Center in the vicinity of Birmingham Road/Graham Road as described in the Scope of Services attached as Exhibit “A”. ARTICLE I PAYMENT AND TERM 1.1 Consideration. In consideration for the services performed in the Scope of Services and Contractor’s completion of work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Ninety Six Thousand Twenty Seven and 80/100 Dollars ($96,027.80.00). 1.2 Payment Application. Within seven (7) calendar days of completion of the services the Contractor will submit its payment application to the City. 1.3 City’s Payment and Approval. The City will pay Contractor as shown in Exhibit “B” Payment Schedule, for the services performed no later than thirty (30) calendar days from the date of the City's receipt of the payment application and the City’s approval of the services. 1.4 Time is of the Essence. The Contractor must complete all the services described in the Scope of Services by the following dates: Insert Dates. 1.5 Notice to Proceed. The Contractor's work on the Project shall be commenced on the date to be specified in the notice to proceed. The notice to proceed may be given by oral notification or set by City's Representative at the post-contract award conference. The notice to proceed may not be given, nor may any work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under Articles 4 and 5 (Insurance & Bonds). ARTICLE II CHANGE ORDERS 2.1 Changes will not be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid, except upon the prior written order from authorized personnel of the City. The Contractor will not execute change orders on behalf of the City or otherwise alter the financial scope of the services except in the event of a duly authorized change order approved by the City as provided in this Contract. (a) City Manager Approval. 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 Form Revised on 7-30-15 Contract No. 16300113 Page 2 (b) City Council Approval. 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. (c) Increase in Scope. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in Article II 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. (d) Dispute. 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. ARTICLE III INDEPENDENT CONTRACTOR AND SUBCONTRACTORS 3.1 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor retained for the services described in the Scope of Services. The City will not control the manner or the means of the Contractor's performance, but shall be entitled to a work product as in the Scope of Services. The City will not be responsible for reporting or paying employment taxes or other similar levies that may be required by the United States Internal Revenue Service or other State or Federal agencies. This Contract does not create a joint venture. 3.2 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. ARTICLE IV INSURANCE 4.1 The Contractor shall procure and maintain, at its sole cost and expense for the duration of this Contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its officers, agents, volunteers, and employees. 4.2 The Contractor’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. The Required Limits of Insurance are attached in Exhibit “C”. Certificates of insurance evidencing the required insurance policies are attached in Exhibit “D”. Form Revised on 7-30-15 Contract No. 16300113 Page 3 ARTICLE V BONDS 5.1 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City’s discretion, such bonds shall be executed in accordance with all requirements of Article 7.19-1 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount plus the amount of City Furnished Materials. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit E, together with valid original powers of attorney, at the time of execution of this Agreement and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit E. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 5.2 The Contractor may make such changes and alterations as the City may require in the work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned, in accordance with the provisions of Article II (Change Orders). ARTICLE VI SURETY 6.1 If the Contractor has abandoned the Project or the City has terminated the contract for cause and the Contractor’s Surety, after notice demanding completion is sent, fails to commence the completion of the work in compliance with this Agreement, then the City at its option may provide for completion of the work in either of the following manners: Form Revised on 7-30-15 Contract No. 16300113 Page 4 6.2 The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. 6.3 The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City’s damages due to Contractor’s abandonment and/or default, including liquidated damages, shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 6.4 Should the cost to complete the work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 6.5 In the event the account shows that the cost to complete the work is less than that which would have been the cost to City had the work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor. ARTICLE VII INDEMNIFICATION AND RELEASE 7.1 Indemnification. CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THIS CONTRACT. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE Form Revised on 7-30-15 Contract No. 16300113 Page 5 CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 7.2 Specific Instances. The indemnifications contained in paragraphs 5.1 shall include but not be limited to the following specific instances: (a) In the event the City is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the City for such damage. (b) The Contractor shall indemnify and hold harmless and defend the City from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) The Contractor shall indemnify and hold harmless and defend the City from any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The Contractor shall also be responsible for the removal of all related debris. (f) The Contractor shall also be responsible for subcontractors hired by it. (g) The Contractor shall indemnify, hold harmless, and defend the City from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 7.3 Non-Extension of Indemnification Obligations. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 7.4 Legal Limitations. 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 7.1, 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. 7.5 Release. The Contractor assumes full responsibility for the work to be performed hereunder, and hereby 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 or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Form Revised on 7-30-15 Contract No. 16300113 Page 6 work to be performed hereunder. 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, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. ARTICLE VIII NATURE OF THE WORK 8.1 It is understood and agreed that the Contractor has, by careful examination, studied and compared the various Drawings and other Contract Documents, satisfied itself as to the nature and location of the work, the conditions of the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the work, the time needed to complete the work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any work on the Project that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.2. Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the City, but it is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.3 If the Contractor fails to perform the obligations of Paragraphs 8.1 and 8.2, the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. ARTICLE IX SAFETY PRECAUTIONS 9.1. All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief". 9.2. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. Form Revised on 7-30-15 Contract No. 16300113 Page 7 9.3 The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 9.4 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in Paragraph 9.7, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as hereafter defined at Paragraph 9.7). In the event Contractor engages in any of the activities prohibited in this Paragraph 9.4 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys’ fees, arising out of, incidental to or resulting from the activities prohibited in this Paragraph 9.7. 9.5 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 9.6 City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 9.7 For purposes of this Agreement, the term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which are defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the Contractor's responsibility to comply with this Paragraph 9.7 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 9.8 Trench Safety. The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: Form Revised on 7-30-15 Contract No. 16300113 Page 8 9.8.1 The Contractor must comply with the requirements of Tex. Health & Safety Code Ann. §756.022- 023 (Vernon 1992), as amended, and the requirements of 29 C.F.R., Sections 1926.650 through 1926.653 inclusive, “Excavation, Trenching and Shoring,” of the Occupational Safety and Health Administration Standards, as amended. 9.8.2 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures, as applicable to this project. 9.8.3 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 9.8.4 The Contractor must provide the City the name of the “competent person” required by OSHA standards to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. 9.8.5 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. ARTICLE X PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 10.1 Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit F. 10.2 Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 10.1, the Contractor or subcontractor as the case may be shall pay the City Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 10.3 The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 10.4 No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 10.5 Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Form Revised on 7-30-15 Contract No. 16300113 Page 9 Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 10.6 Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. ARTICLE XI MATERIALS 11. 1 Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, codes, manufacturer’s instructions and guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. References to standards, codes, manufacturer’s instructions and guarantees shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. 11.2 All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 11.3 Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. Form Revised on 7-30-15 Contract No. 16300113 Page 10 11.4 Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 11.5 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. ARTICLE XII GENERAL TERMS 12.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services described in the Scope of Services in a professional manner and be fully qualified and competent to perform those services. Contractor shall undertake the work and complete it in a timely manner. 12.2 Charges for Injury or Repair. 12.2.1 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 12.2.2 The Contractor shall take the necessary precautions to protect any areas adjacent to its work. 12.2.3 The work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 12.3 Termination. The City may terminate the Project and this Contract, at any time, for convenience. In the event of such termination the City will notify the Contractor in writing and the Contractor shall cease work immediately. Contractor shall be compensated for the services performed. Should the City terminate this Contract for convenience, the City shall pay Contractor for the services performed and expenses incurred before the date of termination. 12.4 Venue. 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 shall be in Brazos County, Texas. 12.5 Amendment. This Contract may only be amended by written instrument approved and executed by the parties. 12.6 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials incorporated into the project. If necessary, it is the Contractor's responsibility to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable the Contractor to buy any materials to be incorporated into Form Revised on 7-30-15 Contract No. 16300113 Page 11 the project and then resell the aforementioned materials to the City without paying the tax on the materials at the time of purchase. 12.7 Permits and Licenses. The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work. 12.8 Compliance with Laws. The Contractor will 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 (IRCA). 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. 12.9 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 12.10 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 12.11 Invalid Provisions. 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. 12.12 Entire Agreement. 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. 12.13 Agree to Terms. The parties state that they have read the terms and conditions of this Contract and agree to the terms and conditions contained in this Contract. 12.14 Effective Date. This Contract will be effective when it is signed by the last party making it fully executed. 12.15 Notice. Any official notice under this Contract will be sent to the following addresses: City of College Station CONTRACTOR Attn: Kenneth Gray Attn: Matthew D. Housely PO BOX 9960 3550 S. Bryant Blvd. 1101 Texas Ave San Angelo, TX 76903 College Station, TX 77842 mhousely@hc-inc.com kgray@cstx.gov 12.16 Severability. In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Contract as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this Contract or by reform by a court of competent jurisdiction. 12.17 Duplicate Originals. The parties may execute this Contract in duplicate originals, each of equal dignity. 12.18 Exhibits. All exhibits to this Contract are incorporated and made part of this Agreement for all purposes. List of Exhibits A. Scope of Services B Payment Schedule C. Insurance Requirements D. Certificates of Insurance E. Performance and Payment Bonds F. Wage Rates HOUSELY COMMU ICATIONS, INC. By . .L.:..--l:C.ol!=.=~--.::..::;-~~----- Printed Name:#JA#kr) /J. /./o"'sL ti ~ I Title: d c:,,.,~-t-~~<~~ Date: II--/(,,. ~rs Form Revised on 7-30-15 Contract No. 16300113 CITY OF COLLEGE STATION By: ____________ _ City Manager Date: _____ _ APPROVED: City Attorney Date: _____ _ Assistant City Manager/CFO Date : ______ _ Page 12 Form Revised on 7-30-15 Contract No. 16300113 EXHIBIT A STATEMENT OF WORK The terms and conditions of this Contract shall take precedence and control over any term or provision of the Statement of Work that in any way conflicts with, differs from, or attempts to alter the terms of this Contract. Statement of Work Page 1 EXHIBIT A STATEMENT OF WORK I. GENERAL The City of College Station is requesting Proposals from qualified contractors to install an aerial and underground fiber route. This project will provide fiber connectivity from the existing city facility in the vicinity of the Holleman Drive S/Dowling Road intersection to College Station Utility Service Center in the vicinity of Birmingham Road/Graham Road. Phase I – Not being awarded in this contract Phase II consists of one continuous underground segment of ADSS (All-Dielectric Self Supporting) singlemode fiber optic cable, approximately 6,269 feet in length, and 1000 feet, coiled, at various locations, starting hand hole #18 phase II, near Holleman Drive S and Rock Prairie Road W, and ending at hand hole #1 phase III, near Old Wellborn and North Graham Road. Contractor shall supply and install all conduit, duct system, inter-ducts, tracer wire, ground rods, hand holes, marker signs, warning tape, “SnakePit” tracer box, and all other hardware, and any and all other miscellaneous equipment and materials required to provide a TURN- KEY installation. Phase III consists of one continuous underground segment of ADSS (All-Dielectric Self Supporting) singlemode fiber optic cable, approximately 2,893 feet in length, and 700 feet, coiled, at hand hole locations, starting at hand hole #1 phase III, near Old Wellborn and North Graham Road and ending at hand hole #7, near Graham Road and FM 2154. The hand holes, duct system, inter-ducts are in place as government furnished material (GFM). Contractor shall supply and install tracer wire, ground rods, marker signs, “SnakePit” tracer box, and all other hardware required to install the fiber cable, including all other miscellaneous equipment and materials required to provide a TURN-KEY installation. Phase IV consists of one continuous underground and aerial segment of ADSS (All-Dielectric Self Supporting) singlemode fiber optic cable, approximately 8,800’ feet in length, and 200’ feet, coiled, at various locations, starting at existing hand hole, located at the southeast corner of FM 2154 and Graham Road and ending at CSU (College Station Utility) IT room, 1601 Graham Road Contractor shall supply and install all duct system, inter-ducts, tracer wire, ground rods, hand holes, marker signs, warning tape, “SnakePit” tracer box, and all other hardware required to install these cable attachment devices including bolts, nuts, and related hardware, concrete pole banding materials, risers cable pole attachment devices (tangents, deadends etc.) and fiber slack storage units as specified in the Pole Inventory Table (Attachment B). and any and all other miscellaneous hardware required to provide a TURN- KEY installation. The City will supply the OFS and ADSS optical fiber cable as government furnished material (GFM). The project Bid response must include a schedule indicating the duration for this project as well as the Start Date and End Date. The Contractor will provide one copy of As-Built Statement of Work Page 2 Drawings upon completion of the work. The As-Built Drawings shall be provided in digital *.dwg (AUTOCAD) format. As-Built Drawings must be geo-referenced and indicate the coordinate system used. Also, drawings will indicate distance of cable from center of road and depth of cable, for underground installations. The City’s project manager for this project is Ken Gray, Communications Services Coordinator. Cable Vault Specifications Fiber cable vaults will be 30” X 48” X 36” depth H10 or better rated, open bottom with “CITY OF COLLEGE STATION FIBER OPTICS” raised letter on lid. Placement of top of vault will be even with final ground grade, 50’ of curb radius or right of way line of intersection road. 6” of pea size gravel placed in bottom of vault. An 8’ ground rod will be placed in all vaults out, with 1’ exposed above pea gravel. The ground resistance of this ground rod will be 25 ohm or less, contractor will provide testing and results. Conduit Specifications 4” schedule 40 PVC with 4 – 1” interducts with low friction, polyester fiber pull tape, 1800 psi tensile strength. A tracer wire, 10 AWG insulated, will be placed with the interducts. The 4” duct will be place with a minimum of 42” of cover and a 6” orange warning tape place 1’ below the final ground grade with “Fiber Optic Line” printed on it repeatedly. The interducts will enter all the vaults with a minimum of 18” exposed above pea gravel. Route Marking Specifications Fiber cable route marker signs will be place on edge of right-a-way near the location of the vaults, each side of road crossing, or crossing of other underground utilities or placed no farther than 600’. The sign will be a PolyDome Fiber Optic Cable Marker PDM-35FO or equivalent with “City of College Station”, “Call College Station Dispatch 979-764-3638” on them. Fiber Wrap-Around Identifiers Fiber wrap-around identifiers will be placed at each pole and hand-hole near each entrance and exiting fiber cable. The City will supply the Fiber Wrap-Around Identifiers as government furnished material (GFM). II. PRE-BID ROUTE SURVEY The City will arrange for one guided route survey of this project with City-provided transportation prior to bid opening, beginning at 2:00 PM., September 11, 2015, at 310 Krenek Tap Road, College Station, TX. Bidders are encouraged, but not required, to attend this route survey. Bidders must reserve a vehicle seat 3 working days prior to this date in order for the City to make the appropriate vehicular accommodations. Reservations may be made by calling 979-764-6330 or sending an e-mail to kgray@cstx.gov. III. TECHNICAL SPECIFICATIONS Statement of Work Page 3 General Contractor shall follow City construction drawings and manufacturer installation practices as detailed in the following Attachments: Attachment A: Construction Drawings Attachment B: Pole Inventory Table Attachment C: OFS Powerguide Installation Guidelines Attachment D: Hardware Specification Sheets Attachment E: Underground Fiber Installation Specification Aerial portion is to be placed on poles with the following guidelines. If there is a cable existing on pole, then mount fiber 1’ above, as long as there is adequate spacing from power lines. If there is no cable on pole, then a minimum of 40” from the neutral location. If proper road or driveway clearances are not possible, then Gilbert Martinez, Electric Project Coordinator Supervisor, 979- 764-6255, will determine mounting location. Wood and Steel Poles shall be drilled for all attachments. Concrete Poles shall be banded with appropriately rated assemblies and shall not be drilled unless specifically authorized by the City Project Manager or Gilbert Martinez, Electric Project Coordinator Supervisor, 979-764-6255. Cable Routes and Lengths Point-to-Point distances between structures described herein are APPROXIMATE and actual installed lengths may vary. However, specified slack lengths shall be adhered to unless modified by the City Project Manager. Cable slack length measurements begin and end at the pole attachment or riser conduit. Bidders have sufficient opportunity to make empirical measurements and evaluations of all cable route lengths and other route conditions based on construction diagrams and onsite route surveys prior to bid submittal, therefore only substantial changes in route length or conditions will justify the submittal of a change order requesting additional costs for construction. Phase I – Dowling Road to Holleman Drive S. to Rock Prairie Road W Description Not being awarded in this contract Phase II – Holleman Drive S. and Rock Prairie Road W. Description Dowling Rd to CSU Map 9 Phase II Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #18. Continuing east on Rock Prairie Road W, on the north side UE, (Utility Easement) from hand hole #18, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 580’ (feet). Contractor will place hand hole #19. Between hand hole #18 and #19, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the north side of Rock Prairie Road W UE, toward hand hole #19. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #19. Dowling Rd to CSU Map 10 Phase II: Continuing east on Rock Prairie Road W, on the north side UE, (Utility Easement) from hand hole #19, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum Statement of Work Page 4 of 42” (inches) for approximately 580’ (feet). Contractor will place hand hole #20. Between hand hole #19 and #20, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the north side of Rock Prairie Road W UE, toward hand hole #20. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #20. Continuing east on Rock Prairie Road W, on the north side UE, (Utility Easement) from hand hole #20, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 570’ (feet). Contractor will place hand hole #21. Between hand hole #20 and #21, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the north side of Rock Prairie Road W UE, toward hand hole #21. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #21. Dowling Rd to CSU Map 11 Phase II: Continuing east on Rock Prairie Road W, on the north side UE, (Utility Easement) from hand hole #21, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 600’ (feet). Contractor will place hand hole #22. Between hand hole #21 and #22, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the north side of Rock Prairie Road W UE, toward hand hole #22. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #22. Continuing east on Rock Prairie Road W, on the north side UE, (Utility Easement) from hand hole #22, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 600’ (feet). Contractor will place hand hole #23. Between hand hole #22 and #23, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the north side of Rock Prairie Road W UE, toward hand hole #23. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #23. Dowling Rd to CSU Map 12 Phase II: Continuing east on Rock Prairie Road W, on the north side UE, (Utility Easement) from hand hole #23, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 600’ (feet). Contractor will place hand hole #24. Between hand hole #23 and #24, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the north side of Rock Prairie Road W UE, toward hand hole #24. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #24. Continuing east on Rock Prairie Road W, on the north side UE, (Utility Easement) from hand hole #24, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 600’ (feet). Contractor will place hand hole #25. Between hand hole #24 and #25, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the north side of Rock Prairie Road W UE, toward hand hole #25. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #25. Dowling Rd to CSU Map 13 Phase II: Continuing east on Rock Prairie Road W, on the north side UE, (Utility Easement) and then, south on Old Wellborn Road from hand hole #25, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 590’ (feet). Contractor will Statement of Work Page 5 place hand hole #26. Between hand hole #25 and #26, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the north side of Rock Prairie Road W UE and west side of Old Wellborn Road UE, (Utility Easement), toward hand hole #26. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #26. Continuing south on Old Wellborn Road, on the west side UE, (Utility Easement) from hand hole #26, contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 560’ (feet). Contractor will place hand hole #27 Between hand hole #26 and #27, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the west side of Old Wellborn Road UE, toward hand hole #27. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #27. Continuing south on Old Wellborn Road, on the west side UE, (Utility Easement) from hand hole #27 contractor will place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 300’ (feet). Contractor will place duct system in existing hand hole #1 of phase III. Between hand hole #27 and hand hole #1 phase III, duct system shall remain 2’ (feet) of distance from the last underground utility, from edge of easement, on the west side of Old Wellborn Road UE, (Utility Easement), toward hand hole #1 of phase III. Contractor will place 100’ (feet) of fiber optic cable, coiled up inside of this hand hole #1 phase III. Phase III – Old Wellborn and North Graham Road to Graham Road and FM2154 Description Dowling Rd to CSU Phase III Map 1: At existing hand hole #1, map 1 phase III, located at Old Wellborn and North Graham Road, place 100’ (feet), of fiber optic cable coiled up inside this hand hole. Continue placing fiber optic cable in existing duct system for approximately 528 feet toward existing hand hole #2. Place 100’ (feet), of fiber optic cable coiled up inside this hand hole. Dowling Rd to CSU Phase III Map 2: At existing hand hole #2, map 2 phase III, continue placing fiber optic cable in existing duct system for approximately 529 feet toward existing hand hole #3. Place 100’ (feet), of fiber optic cable coiled up inside this hand hole. Dowling Rd to CSU Phase III Map 3: At existing hand hole #3, map 3 phase III, continue placing fiber optic cable in existing duct system for approximately 529 feet toward existing hand hole #4. Place 100’ (feet), of fiber optic cable coiled up inside this hand hole. Dowling Rd to CSU Phase III Map 4: At existing hand hole #4, map 4 phase III, continue placing fiber optic cable in existing duct system for approximately 529 feet toward existing hand hole #5. Place 100’ (feet), of fiber optic cable coiled up inside this hand hole. Dowling Rd to CSU Phase III Map 5: Statement of Work Page 6 At existing hand hole #5, map 5 phase III, continue placing fiber optic cable in existing duct system for approximately 481 feet toward existing hand hole #6. Place 100’ (feet), of fiber optic cable coiled up inside this hand hole. Dowling Rd to CSU Phase III Map 6 and 7: At existing hand hole #6, map 6 phase III, continue placing fiber optic cable in existing duct system for approximately 297 feet toward existing hand hole #7, map 7. Place 100’ (feet), of fiber optic cable coiled up inside this hand hole. Phase IV - Graham Road Fiber Route Description Starting at existing hand hole, located at the southeast corner of FM 2154 and Graham Road, place 100’ (feet) of fiber optic cable coiled up inside of this hand hole. Begin placement of a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) for approximately 500’ (feet). Crossing Graham Road in a northern direction and continuing in the UE, (Utility Easement) until reaching UE inline with City of College Station electrical pole number 28564-00. Continue placement of duct system in an eastern direction from FM 2154 for a measured distance of 500’ (feet) from existing hand hole, located at the southeast corner of FM 2154 and Graham Road. Contractor will place hand hole #1 and place 100’ (feet) of fiber optic cable coiled up inside of this hand hole. The exact location of this duct system will be determined after location of existing utilities in UE. Continuing in a eastern direction from hand hole #1 for approximately 258’ (feet) place a 4” (inch) schedule 40 duct with 4, 1” (inch) interducts at a minimum of 42” (inches) into a contractor placed hand hole #2 near the base of utility pole #28564-00. Place a 4” duct riser with 3 attachment/stand- off points on the pole, and continuing the riser 4” duct system underground to a 30” X 48” X 30” hand hole #2, near the base of pole. The riser shall have a cap with a ¾” hole for cable placement. Contractor will place a deadend on pole number 28564-00 for transitioning from riser to aerial placement of fiber optic cable. From this point, the cable will follow the Pole Inventory Table (Attachment B) down Graham Road to Birmingham Road, approximately 7,500’ (feet). At the final pole, 32760-20, a 4” riser is existing, with duct system into a H/H near the base of pole. From this hand hole, duct system is in place to the College Station Utility building. Project will end with a 100’ (feet) of fiber optic cable coiled inside of IT room. All splicing of fiber will be performed by the Communications Division of the City of College Station. IV. CONTRACTOR RESPONSIBILITIES Contractor shall appoint a single point of contact for this project designated as the Contractor Project Manager. Statement of Work Page 7 Contractor shall contact Gilbert Martinez, Electric Project Coordinator Supervisor, 979-764-6255 prior to the beginning of work on the aerial portion of this project to review the route and any issues associated with it. Contractor shall maintain coordination with Mr. Martinez or his designee and Utility Dispatch (979-764-3638) throughout the aerial construction section. Contractor shall follow all City procedures related to safety, communications, and security. Contractor shall perform the minimum tree trimming necessary to complete construction. Tree trimming responsibilities include property owner notification (using City-provided Door Notification Hangers) two days prior to work activity. Contractor is responsible for property owner notification two work days (using City-provided Door Notification Hangers) prior to any construction activities requiring access through private property. Contractor is responsible for removal and disposal of all construction debris associated with this project at the end of each working day. In no case shall the Contractor perform work that causes an incremental cost to the contracted price without explicit written approval by the City Purchasing Department. There is digging, trenching, and excavating anticipated as a need for this project. It is the Contractor’s responsibility to contact DIG-TESS to request utility locates prior to beginning any trenching, digging, or excavating. Any traffic control needed to support contractor work is the contractor’s responsibility. Traffic control plans must be submitted in writing to the City’s Traffic Engineer and must bear the stamp of a certified Traffic Engineer. V. CITY RESPONSIBILITIES City shall appoint a single point of contact for this project designated as the City Project Manager. The City will assist Contractor in accessing the cable route including rights of way and easements, coordinating with TXDOT and traffic control agencies if required, and providing space for material and equipment storage. Form Revised on 7-30-15 Contract No. 16300113 ATTACHMENT A CONSTRUCTION DRAWINGS (Available as Separate Download ZIP File) Form Revised on 7-30-15 Contract No. 16300113 ATTACHMENT B POLE INVENTORY TABLE Pole Inventory Table Dowling Rd to CSU Pole Pole #DownGuy Construction Seq. Number Type Attachment Att. LineAngle Dwg Page 1 28564-00 Deadend with Riser Attached 2 32563-00 Tangent 3 28531-00 Tangent 4 28578-00 Tangent 5 28563-10 Tangent 6 28563-05 Tangent 7 28563-00 Tangent 8 28561-10 Tangent 9 28561-05 Tangent 10 28561-00 Tangent 11 28558-05 Tangent 12 28552-00 Double Deadend 13 28552-05 Tangent 14 28554-00 Tangent 15 28554-05 Tangent 16 28554-10 Tangent 17 28554-15 Double Deadend 18 28554-20 Tangent 19 28554-23 Tangent 20 28554-25 Tangent 21 32780-25 Double Deadend 22 32780-20 Tangent 23 32780-15 Tangent 24 32780-10 Tangent 25 32780-05 Tangent 26 32780-00 Tangent 27 32770-20 Tangent 28 32770-15 Tangent 29 32770-10 Tangent 30 32770-05 Tangent 31 32770-00 Tangent 32 32760-30 Tangent 33 32760-25 Tangent 34 32760-20 Deadend with existing riser 35 36 37 38 39 40 41 42 Preferred Major Pole Hardware Supplied by Contractor Item Manufacturer Description Part Number 1 Preformed Line Products Fiber Optic Limited Tension Dead End 2872005 2 Preformed Line Products Fiber Optic Support Clamp 4450100 3 Preformed Line Products Snowshoe"Fiberlign In-span Fiber storage Unit"7100124 4 Preformed Line Products Anchor Rods 5 Preformed Line Products Thimble Clevis TC-5F 6 Preformed Line Products Extension Link (w/ Eyenut)71002366 NOTE: ALL other hardware and materials necessary to provide a complete turn key installation shall be supplied by the CONTRACTOR Form Revised on 7-30-15 Contract No. 16300113 ATTACHMENT C OFS Powerguide Installation Guidelines PowerGuide® Loose Tube Fiber Optic Cables Your Solution for High-Performance ADSS Cable PowerGuide®ADSS Cables For Performance You Can Count On When you need a durable, high-performance cabling solution for your electrical power network or other aerial use, look to the PowerGuide®family of loose tube fiber optic cables. Whether your application is long or short span, requires increased carrying capacity, or involves high electric field space potentials, we offer a PowerGuide cable to meet your needs. In fact, the unsurpassed optical performance, durability, and reliability of our PowerGuide cables have placed them among the world’s leading all-dielectric, self-supporting (ADSS) cables. Delivering seamless performance from the national power grid to your living room, the PowerGuide product line includes: PowerGuide® PowerGuide®AccuTube PowerGuide®ShortSpan As one of the world's most popular ADSS cables, PowerGuide's exceptional field reliability and long-span capability (up to 3,281 feet/1000 meters or more)* make it today's prime cabling solution for demanding, high-performance aerial applications, including power transmission and distribution networks. Among the most compact ADSS cables available today, PowerGuide ShortSpan combines ease of handling with outstanding performance and reliability to offer an ideal, cost-effective solution for short spans ranging up to 760 feet (231 meters)*, including distribution networks and duct installations. With one of the highest fiber counts of any ADSS cable in the world, PowerGuide AccuTube delivers increased carrying capacity and easy mass fusion splicing to meet the demands of today’s high-growth, high-bandwidth networks. Each PowerGuide cable design offers: •Proven all-dielectric loose tube construction for outstanding performance, reliability, and immunity to electromagnetic fields, eliminating the need for expensive cable shielding or grounding •Fast, one-step installation using simple attachment hardware (without a pre-installed messenger) and normally without interrupting electrical service •Integrated, torque-balanced aramid yarn strength elements for superior cable strength and stability •A round cable profile that minimizes wind and ice loading for reduced cable sag and tensile forces on towers and support hardware •Full qualification in accordance with applicable Telcordia Technologies, EIA/TIA, IEEE, and RUS standards The matrix below outlines the key applications and span lengths for each PowerGuide cable design. Our technical staff is available to provide additional information and assist you in selecting the right cable for your fiber optic installation. For questions or assistance, please contact us at 877-416-9883. PowerGuide®2 to 288 3,281 feet (1,000 meters or more)* • Aerial use (self-supporting) • Long spans (including electric transmission towers and river crossings) • Power transmission and distribution networks • Direct use in ducts • Aerial-to-duct transitions • Electric field space potentials up to 12 kV PowerGuide®TR (Tracking Resistant) 2 to 288 Same as above • Same as above, except for electric field space potentials up to 25 kV PowerGuide®ShortSpan 2 to 72 Up to 760 feet (231 meters)* • Aerial use (self-supporting) • Short spans (including distribution networks) • Direct use in ducts • Aerial-to-duct transitions • Aerial-to-underground installations PowerGuide®AccuTube 300 to 864 Up to 1,000 feet (300 meters)* • Aerial use (self-supporting) • High-growth and high- bandwidth applications • Mass fusion splicing for high-density applications • Transmission and distribution networks Cable Fiber Counts Span Lengths Applications * Exact span lengths depend on loading conditions, fiber counts, and clearance requirements. PowerGuide Tracking Resistant (TR) Cable Because ADSS cables are often installed near energized power conductors, we offer two Power- Guide outer jacket materials. For electric field space potentials up to 12 kV, PowerGuide cable features a polyethylene sheath. For space potentials up to 25 kV, PowerGuide Tracking Resistant cable features a specially formulated jacket that resists tracking (dry band arcing). Contact us for a complete system analysis to determine which PowerGuide cable design to employ. Buffer Tube Optical Fibers Central Member Central Member Jacket Inner Jacket Sheath Strength Elements Water Blocking Material (DryBlock™ or Flooded Technology) Outer Jacket Ripcords PowerGuide® Double Jacket, All-Dielectric, Self-Supporting (ADSS) Aerial Loose Tube Fiber Optic Cable Design Our highly reliable, field-proven loose tube design lies at the core of each PowerGuide cable. In this design, the optical fibers are placed within color-coded, gel-filled buffer tubes to protect the fibers from external forces. The buffer tubes are then stranded around a dielectric central member using the reverse oscillating lay (ROL) stranding technique for fast mid-span fiber access. Water-blocking material is then applied to the cable core to prevent water migration. In the final step, a carefully determined number of aramid strength elements are placed between inner and outer MDPE jackets to achieve the performance needed for your application. Using a comprehensive software program, our engineers can analyze electric field space potentials to determine the appropriate outer jacket material and provide recommended cable attachment locations for your application. This custom design ensures stable optical performance over a wide range of loads and temperatures, and assures a long cable life. Features •Fiber counts to 288 •Custom engineered per application •Single cable diameter for 2 to 60 fibers simplifies hardware selection and splicing •Proven all-dielectric loose tube construction •Special tracking resistant sheath available for high field space potentials (see PowerGuide Tracking Resistant cable above) •Broad range of fiber types Benefits •Outstanding optical performance, durability, and field reliability •Excellent long-span capability •Fast, one-step installation for valuable time and cost savings •Easily strippable sheath for quick, convenient cable preparation •RUS listed PowerGuide®is your prime cabling solution for high-performance aerial applications, including power transmission and distribution networks, with excellent long-span capability up to 3,281 feet (1,000 meters or more)*. Each PowerGuide cable is custom designed to ensure exceptional long-term reliability and performance. Buffer Tube Optical Fibers Central Member Central Member Jacket DryBlock™ Water Blocking Material Sheath Strength Elements Outer Jacket Ripcord PowerGuide®ShortSpan Single Jacket, All-Dielectric, Self-Supporting (ADSS) Aerial Loose Tube Fiber Optic Cable Design Our proven loose tube design is at the heart of our PowerGuide ShortSpan cable. The optical fibers are placed within color-coded, gel-filled buffer tubes to protect them from mechanical and environmental forces. The buffer tubes are then stranded around a dielectric central member, using the reverse oscillating lay (ROL) stranding technique. Unlike other methods, ROL makes it easy to "untwist" the buffer tubes and gain quick mid-span access. Next, DryBlock water-blocking material is applied, and aramid strength elements are placed over the cable core. In the final step, a robust medium-density polyethylene (MDPE) outer jacket is applied to complete the construction of a lightweight, durable cable that is easy to handle and install. PowerGuide®ShortSpan offers an excellent solution for short aerial cable spans ranging up to 760 feet (231 meters)*, including distribution networks and duct installations. Featuring one of the world’s smallest ADSS cable diameters, ShortSpan is lightweight and easy to handle, saving time and money on installation. This cable’s compact size and small bend radius make it easy to use in aerial-to-underground installations. Features •Fiber counts to 72 •Small nominal cable diameter and bend radius •Smaller round profile further minimizes wind and ice loading •Single cable diameter for 2 to 60 fibers simplifies hardware selection and splicing •Broad range of fiber types Benefits •Excellent short-span capability •Effective, economical alternative for short spans •Lightweight and easy to handle and install •Single MDPE jacket for fast, convenient cable preparation •RUS listed Buffer Tube Optical Fiber Ribbons Central Member Central Member Jacket Inner Jacket Sheath Strength Elements DryBlock™ Water Blocking Material Outer Jacket Ripcords PowerGuide ®AccuTube Double Jacket, All-Dielectric, Self-Supporting (ADSS), Enhanced AccuRibbon® in Loose Tube Fiber Optic Cable Design The performance of PowerGuide AccuTube cable begins with our proven loose tube design and construction. Each Enhanced AccuRibbon®matrix contains 12 optical fibers color-coded for easy fiber management. Up to 12 matrix structures are arranged within each gel-filled loose buffer tube. Next, up to six color-coded buffer tubes are stranded around a dielectric central member using the reverse oscillating lay (ROL) stranding technique for fast mid-span fiber access. The cable core is then protected with DryBlock water- blocking material for excellent water penetration resistance and easier cable handling. Finally, a carefully determined number of aramid strength elements are placed between inner and outer MDPE jackets to deliver the strength needed for your specific application. PowerGuide®AccuTube is designed to meet the demands of today’s high-growth, high-bandwidth communications applications. With up to 864 fibers in a single cable, PowerGuide AccuTube delivers increased carrying capacity with one of the highest fiber counts of any ADSS cable in the world. The result is a cable that allows easy, cost-effective mass fusion splicing while delivering powerful, reliable performance. Features •Fiber counts from 300 to 864 •Enhanced AccuRibbon technology for efficient, cost-effective mass fusion splicing •Custom engineered per application •DryBlock water-blocking technology for a more craft-friendly cable core Benefits •Increased bandwidth and carrying capacity for high-density applications •Efficient cost-effective mass fusion splicing for easier installation and savings on labor costs •Excellent performance for span lengths up to 1,000 feet (300 meters), depending on sag and loading conditions S1 – Select Fiber Transmission Performance 3 = 1310/1550 nm (AllWave®Matched Clad Singlemode) 6 = 1550 nm (TrueWave®RS Singlemode) R = 850/1300 nm (Multimode) S2 – Select Maximum Fiber Attenuation B = 0.35/0.25 dB/km (1310/1550 nm AllWave) 4 = 0.40/0.30 dB/km (1310/1550 nm AllWave) 2 = 0.25 dB/km (TrueWave RS Singlemode) U = 3.4/1.0 dB/km and 200/500 MHz-km (850/1300nm) 62.5 µm Multimode K = 2.5/0.7 dB/km and 500/500 MHz-km (50µm Multimode) SF – Select Fiber Type E = AllWave®Matched Clad Singlemode 6 = TrueWave®RS Nonzero-Dispersion Singlemode 9 = 62.5/125µm Multimode 2 = 50/125 µm Multimode S3 – Select Sheath Construction 2 = PowerGuide, PowerGuide TR, PowerGuide AccuTube 1 = PowerGuide ShortSpan S4 – Select Tensile Load 7 = PowerGuide, PowerGuide TR, PowerGuide ShortSpan, PowerGuide AccuTube S5 – Select Core Type D = DryBlock™ (ShortSpan design available only in DryBlock) A = Loose Tube Ribbon DryBlock (available in AccuTube design only) L = Flooded S6 – Select Fibers Per Tube 2 = 2 fibers 4 = 4 fibers 6 = 6 fibers 8 = 8 fibers N = 10 fibers T = 12 fibers (AccuTube design available only with 12 fibers per tube configuration) Ordering Information Select one character from each category to construct the product part number: Fiber Sheath Core Fiber Count Custom/Special * S1 S2 SF S3 S4 S5 S6 [E1] [E2] [E3] [E4] AT – – 002 to 288 (PowerGuide & PowerGuide TR) 002 to 072 (ShortSpan) 300 to 864 (AccuTube) OR [C] [M] [E] [A] (see Custom/Special section below) Example:AT-34E27DT-096-E1, E2, E3, E4 = 96 Fiber PowerGuide DryBlock AllWave Singlemode Fiber * Custom/Special: Consult with us regarding your application, span lengths, and loading conditions to complete the custom design and part number of your complete sheath strength system. For PowerGuide, PowerGuide Tracking Resistant, and PowerGuide AccuTube cables: [E1] [E2] [E3] [E4] Outer Jacket [E1]* and Dielectric Sheath Strength Elements [E2] [E3] [E4]* For PowerGuide ShortSpan cable: [C] [M] [E] [A] MDPE Jacket [C]* and Dielectric Sheath Strength Elements [M, E, A]* Note: Other 62.5 µm and 50 µm multimode fibers available Installation & Hardware PowerGuide cables are compatible with a complete range of hardware that can accommodate diverse installation conditions. We are fully equipped to serve as your hardware provider and be your “one-stop-shopping” service. Or, if you prefer, you may purchase the approved hardware separately. Services OFS provides you with an experienced professional staff to meet your cable design and installation needs. Our engineering staff offers support ranging from tutorials on the basics of fiber optics to product design and selection. Our technical services staff provides rapid on-site assistance and valuable “hands-on” training in proper cable handling, pole attachment hardware selection, and testing and installation methods. Quality We're an ISO 9001 and ISO 14001 certified manufacturer that adheres to strict quality control requirements for product design, development, manufacturing, and business opera- tions. Product performance is verified on each product manufactured prior to shipment, ensuring many years of reliable performance. Please contact us for detailed cable specifications and performance data. PowerGuide, Tracking Resistant, and ShortSpan Performance Data Parameters Specifications Typical Test Results Test Performed Low and High 4 Turns @ -30ºC & +60ºC Complies at 6 Turns FOTP-37 Temperature Bend @ -40ºC & +70ºC Impact Resistance 25 Impacts Complies at 100 Impacts FOTP-25 Compressive Strength ≥220 N/cm ≥220 N/cm FOTP-41 Tensile Strength Custom design tensile strength variable based on application of Cable Cable Twist 10 Cycles Complies at 100 Cycles FOTP-85 Cable Cyclic Flex 25 Cycles Complies at 100 Cycles FOTP-104 Cable Freezing No Attenuation Change No Attenuation Change FOTP-98 Water Penetration No Leakage No Leakage FOTP-82 Filling Compound Flow No Flow @ 80ºC No Flow @ 80ºC FOTP-81 Temperature Cycling Operation: -40ºC to +70ºC -40ºC to +70ºC FOTP-3 -60ºC to +70ºC * * Available on request Installation: -30ºC to +70ºC -30ºC to +70ºC Storage/Shipping: -40ºC to -40ºC to +75ºC +75ºC Cable Aging +85ºC +85ºC FOTP-3 168 hr. exposure 168 hr. exposure High Frequency 100 Million Vibration Cycles No Mechanical Damage IEEE P1222 (aeolian) Vibration to Cable or Hardware Low Frequency 100 Thousand Vibration No Mechanical Damage IEEE P1222 (galloping) Vibration Cycles to Cable or Hardware Electrical Testing to 12 kV space potential No adverse effects IEEE P1222 for PowerGuide to polyethylene jacket Electrical Testing to 25 kV space potential No adverse effects IEEE P1222 for PowerGuide to specially Tracking Resistant formulated jacket Copyright © 2004 Furukawa Electric North America, Inc. All rights reserved, printed in USA. PowerGuide, AccuTube, DryBlock, AccuRibbon, AllWave, and TrueWave are trademarks of Furukawa Electric North America, Inc. OFS Marketing Communications PG – 12/04 – OFS1448 For additional information please contact your sales representative. You can also visit our website at http://www.ofsoptics.com or call 1-877-416-9883 or 1-888-fiberhelp. www.ofsoptics.com Form Revised on 7-30-15 Contract No. 16300113 ATTACHMENT D Hardware Specification Sheets 148 Fiber Optic Limited Tension Dead End For ADSS Cable (FDES) Catalog Cable Range Color Weight Number mm Inches Component Numbers Code kg lbs AS02-FDES 0825 7.6 - 8.8 0.300 - 0.349 FORR 0825L40 Blue 3.2 7.0 FODE 1260R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 0950 8.9 - 10.1 0.350 - 0.399 FORR 0950L40 Orange 3.2 7.0 FODE 1390R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 1080 10.2 - 11.4 0.400 - 0.449 FORR 1080L40 Green 3.2 7.0 FODE 1545R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 1205 11.5 - 12.6 0.450 - 0.499 FORR 1205L40 Red 3.2 7.0 FODE 1675R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 1335 12.7 - 13.9 0.500 - 0.549 FORR 1335L40 Black 3.2 7.0 FODE 1800R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 1460 14.0 - 15.2 0.550 - 0.599 FORR 1460L40 Yellow 3.3 7.3 FODE 1925R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 1590 15.3 - 16.4 0.600 - 0.649 FORR 1590L40 Purple 3.3 7.3 FODE 2055R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 1715 16.5 - 17.7 0.650 - 0.699 FORR 1715L40 Brown 3.4 7.4 FODE 2180R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 1840 17.8 - 19.0 0.700 - 0.749 FORR 1840L40 Blue 3.4 7.5 FODE 2310R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 1970 19.1 - 20.2 0.750 - 0.799 FORR 1970L40 Orange 3.4 7.6 FODE 2435R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 2095 20.3 - 21.5 0.800 - 0.849 FORR 2095L40 Green 3.5 7.7 FODE 2560R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 2220 21.6 - 22.8 0.850 - 0.899 FORR 2220L40 Red 3.5 7.7 FODE 2690R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 2350 22.9 - 24.1 0.900 - 0.949 FORR 2350L40 Black 3.5 7.7 FODE 2815R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 2415 24.2 - 25.3 0.950 - 0.999 FORR 2415L40 Yellow 3.5 7.7 FODE2850R30 11CT-88,11EL14-15,11EN5-12 AS02-FDES 2540 25.4 - 26.6 1.000 - 1.049 FORR 2540L40 Purple 3.6 7.8 FODE 2975R30 11CT-88,11EL14-15,11EN5-12 Accessory Hardware 11EL14-15 35 cm (14") Extension Link .95 2.1 11EN5-12 16mm (5/9") Oval Eye Nut .26 .6 11CT-88 Clevis Thimble .68 1.5 Selection Information Assembly Hardware Code For FDES, FDEM, FDEL 02 - 35cm (14") Extension Link and Oval Eye Nut 30 - Metric Eye Nut and Extension Link Blank - Extension Link and Oval Eye Nut Not Included For FDHS 05 - 25cm (12": 150 KN (30K) Ext. Link and Oval Eye Nut AS XX - FDE X - XXXX Cable Range Load Rating S - 12 kN (2,400 lbs.) M - 18 kN (3,600 lbs.) L - 36 kN (7,200 lbs.) HS- Track resistant cable (Designed to Order) Fiber Optic Hardware and Splice Closures Tyco Electronics Corporation 8000 Purfoy Road Fuquay Varina, NC 27526 USA:800-327-6996 FAX:800-527-8350 Outside US:919-557-8903 http://energy.tycoelectronics.com 158 Fiber Optic Support Clamp For ADSS Cable Spans < 200m (600 ft. ) General Recommendations The Fiber Optic Support Clamp may be used as a pull-through device for enhanc- ing installation times involving ADSS cable. Line angles up to 20 degrees are acceptable when used as a pulling device. Please consult your cable supplier to obtain approval for use of this device for stringing purposes. For the stringing option, attach the clamp to the pole using the appropriate attach- ment means. Then, open the top keeper, lay in the pull rope, secure the top keeper with the locking bolt, then pull in the ADSS cable. Once tensioning has been achieved, open the top keeper and install the rubber inserts, then re-secure the top keeper. The clamp has an optional pole banding feature which eliminates the need for purchasing additional brackets normally required to secure hardware used in con- junction with banding systems. A slot is provided for insertion of the banding material. Design Criteria Maximum span length – Approximately 200 meters (600 ft.) Slip strength - Fiber Optic Support Clamp units are designed to slip on the cable when an uneven axial load is experienced well before the damage limit of the cable is reached. Consult Tyco Electronics for specific slip strength requirements. Maximum line angle - 20 degrees (Consult Tyco Electronics for exceptions that allow 30-degree angles). Aeolian vibration - Consult Tyco Electronics for recommendation concerning available motion control devices. Mounting Wood Poles - Use a standard 16mm (5/8") machine or double arming bolt. The clamp's unique design captivates the bolt head or nut to prevent rotation when tightened. Steel or Concrete Poles - When the thru holes are provided, a 16mm (5/8") mounting bolt is acceptable. For banding systems, a 3mm x 35mm (1/8" x 1 3/8") slot is provided to affix the band material. Ground Attachment Bolt - An optional 10mm (3/8") aluminum bolt and lock washer are available as an option to allow for a ground lug attachment. Note: The grounding lug is not provided. Add suffix “GA” to part number if desired (i.e. FOSC 6055-PB-GA). Insert (FOSC-I-XX)- Constructed of EPDM, compounded for resistance to ozone, weathering and extreme high and low temperature variations and compression set. The conductor range is molded into the inside of each insert. Captive Assembly Bolt - Constructed of 10mm (3/8") stainless steel bolt and flat washer with an “O” ring to ensure the bolt remains captive during assembly. Black Anodized Coating - An anodized coating may be applied which provides excellent corrosion resistance. Hard anodized coatings typically pass the 1000 hr. 5 percent salt spray test. This option is priced to order. Housing (FOSC-6000H)- High strength aluminum. Catalog Cable Range Components Weight Number mm Inches Clamp Insert kg lbs. FOSC 6030-PB 7.0 - 8.2 .276 - .325 FOSC-6000-PB-H FOSC-I-030 1.1 2.5 FOSC 6035-PB 8.3 - 9.5 .326 - .375 FOSC-6000-PB-H FOSC-I-035 1.1 2.5 FOSC 6040-PB 9.6 - 10.7 .376 - .425 FOSC-6000-PB-H FOSC-I-040 1.1 2.5 FOSC 6045-PB 10.8 - 12.0 .426 - .475 FOSC-6000-PB-H FOSC-I-045 1.1 2.5 FOSC 6050-PB 12.1 - 13.3 .476 - .525 FOSC-6000-PB-H FOSC-I-050 1.1 2.5 FOSC 6055-PB 13.4 - 14.6 .526 - .575 FOSC-6000-PB-H FOSC-I-055 1.1 2.5 FOSC 6060-PB 14.7 - 15.8 .576 - .625 FOSC-6000-PB-H FOSC-I-060 1.1 2.5 FOSC 6065-PB 15.9 - 17.1 .626 - .675 FOSC-6000-PB-H FOSC-I-065 1.1 2.5 FOSC 6070-PB 17.2 - 18.4 .676 - .725 FOSC-6000-PB-H FOSC-I-070 1.1 2.5 FOSC 6075-PB 18.5 - 19.6 .726 - .775 FOSC-6000-PB-H FOSC-I-075 1.1 2.5 FOSC 6080-PB 19.7 - 21.0 .776 - .825 FOSC-6000-PB-H FOSC-I-080 1.1 2.5 FOSC 6085-PB 21.1 - 22.2 .826 - .875 FOSC-6000-PB-H FOSC-I-085 1.1 2.5 FOSC 6090-PB 22.3 - 23.5 .876 - .925 FOSC-6000-PB-H FOSC-I-090 1.1 2.5 FOSC 6095-PB 23.6 - 24.7 .926 - .975 FOSC-6000-PB-H FOSC-I-095 1.1 2.5 FOSC 6100-PB 24.8 - 26.0 .976 - 1.025 FOSC-6000-PB-H FOSC-I-100 1.1 2.5 FOSC 6105-PB 26.1 - 27.2 1.026 - 1.075 FOSC-6000-PB-H FOSC-I-105 1.1 2.5 FOSC 6110-PB 27.3 - 28.7 1.076 - 1.125 FOSC-6000-PB-H FOSC-I-110 1.1 2.5 Fiber Optic Hardware and Splice Closures Tyco Electronics Corporation 8000 Purfoy Road Fuquay Varina, NC 27526 USA:800-327-6996 FAX:800-527-8350 Outside US:919-557-8903 http://energy.tycoelectronics.com 171 Pole Band Clamp ADSS Dead End ADSS Cable Downlead Clamp with Pole Band Adapter Downlead Clamp Anchor Shackle Y-Clevis Eye 90 Suspension Rods ADSS Cable Fiber Optic Typical Assemblies Fiber Optic ADSS Double Dead End With Pole Band Clamps Fiber Optic Single Layer (FHSU) Suspension Tyco Electronics Corporation 8000 Purfoy Road Fuquay Varina, NC 27526 USA:800-327-6996 FAX:800-527-8350 Outside US:919-557-8903 http://energy.tycoelectronics.com 7-8 FIBERLIGN® In-Span Storage “NM” GENERAL INFORMATION FIBERLIGN IN-SPAN Storage Systems are com- plete systems for storing slack All-Dielectric Self Supporting (ADSS) cable or slack ADSS cable and a butt splice closure in the span. This system is provided with 18" (457 mm) Non-Metallic (“NM”) storage racks. All necessary hardware is provided with the option to include cable ties. Note: Splice Closures and dead-ends are sold separately. FEATURES • Neatly organizes storage of cable and splice closures in the span instead of on the structure • Minimizes infringement of poles space • Maximum cable loop support with 18" (457 mm) storage racks • No limit to the amount of cable that can stored. • Non-metallic cable protection bracket that minimizes cable abrasion and organizes cable against pole • Peel-away grommet allows full range taking from .400" - 1.00" (10 mm - 25 mm) diameter cable – “NM” systems only • Optional Cable ties can be ordered with kits or separately NOMENCLATURE 1. 18" OPTI-LOOP Storage Rack 2. Peel-Away Elastomer Grommet 3. Rack Mounting Sleeve Halves 4. Phillips Stainless Steel Bolts 5. Stainless Steel nuts 6. Pole Mounted Cable Protection Bracket 7. ¼" Lag Bolts with Flat Washers 8. Banding Bracket adaptor for Protection Bracket mounting to concrete or steel poles 9. Universal Mounting Bracket 10. COYOTE® Closure Brackets for COYOTE PUP, 6 x 22, and 8.5 x 22 Closures 11. COYOTE Runt Brackets 12. COYOTE Splice Case Brackets (or aerial hanger brackets) included with every Stainless Steel COYOTE Splice Case – Not with the In-Span Kit COYOTE Runt brackets 13. Universal Strand Adapter Bracket to interface with any aerial strand bracket that connects Butt Splice 1 2 3 4 5 6 7 8 9 10 11 12 13 FIBERLIGN In-Span Storage with Non-Metallic (“NM”) Storage Racks for ADSS Cable FIBERLIGN® Hardware Accessories for OPGW and/or ADSS: Section 7 7-9 FIBERLIGN® In-Span Storage “NM”FIBERLIGN® In-Span Storage “NM” FIBERLIGN In-Span “NM” for Cable Storage and COYOTE Closure or Splice Case Mounting. (Splice Closure and Dead-end sold separately) INSTALLATION INFORMATION FIBERLIGN IN-SPAN “NM” systems has a peel-away grom- met that accommodates cable diameters from .40" (10 mm) through 1.00" (25 mm). Application procedures included with the product can also be found on PLP’s website. Instruc- tions are provided for cable storage only, as well as cable storage with butt splice. For wood pole installations, the Cable Protection Bracket is mounted with lag screws. For concrete or steel poles, a banding bracket can be used to mount the cable protection bracket. Cable ties are used to strap the cable to storage racks and cable runs together. PLP offers UV resistant cable ties with the kits as an option. ORDERING INSTRUCTIONS To order the FIBERLIGN IN-SPAN STORAGE “NM” simply select the desired kit from the catalog table in this section. You can order kits for cable storage only, or kits for butt splice applications. The butt splice kits in- clude the appropriate mounting brackets for the respective COYOTE Closure or Splice Case product. The Universal Strand Adaptor Bracket provides a 0.3" (7.6 mm) diameter mounting interface for aerial hanger brackets designed to connect butt splices to messenger strand. To order Mounting Brackets separately see table later in this section. FIBERLIGN In-Span Storage “NM” Catalog Number Description 710011124 In-Span Storage “NM” Cable Storage only 710011188C In-Span Storage “NM” with COYOTE Closure (PUP 6x22 & 8x22 in) Mounting Brackets 710011188R In-Span Storage “NM” with COYOTE RUNT Mounting Brackets 710011188S In-Span Storage “NM” with COYOTE Splice Case Mounting Brackets 710011189 UV resistant Cable Ties - Package of 50 ties 710011008 Banding Bracket Adaptor – Protection Block Mounting on Steel or Concrete Poles 710011124T In-Span “NM” and 50 Cable Ties 710011188CT In-Span Storage “NM” with COYOTE Closure (PUP 6x22 & 8x22 in) Mounting Brackets & 50 Cable Ties 710011188RT In-span Storage “NM” with COYOTE RUNT Mounting Brackets & 50 Cable Ties 710011188ST In-span Storage “NM” with COYOTE Splice Case Mounting Brackets & 50 Cable Ties 710011400 In-span Storage “NM” with universal strand adaptor bracket adapts any butt splice aerial hanger bracket designed for messenger Cable Protection Bracket FIBERLIGN Dielectric Dead-end w/Thimble Clevis, Extension Link and 5⁄8" Eye Nut – Supplied Seperately Strap cable runs together with company approved cable ties Mounting Brackets for Butt Splice Peel - Away Grommet 7-10 FIBERLIGN® In-Span Storage “NM” ADSS Armor Rods Separate ADSS Armor Rods are available for ADSS cable protection at locations where Mounting Brack ets are in stalled away from Dead-ends. All sets have an overall length of 27" (0.68 meters). Mounting Kits Separate Mounting Kits are also available for mount ing COYOTE Closures or COYOTE Splice Cases di rect ly to a FIBERLIGN Dielectric Dead-end or ADSS Armor Rods. Catalog Number Description 8003459 Mounting Kit for COYOTE Closures (icluding COYOTE® PUP Closure), includes two End Plate brackets and one Universal Mounting Kit 8003474 Mounting Kit for COYOTE RUNT Closure 8003460 Mounting Kit for COYOTE Splice Cases (all sizes), includes one Universal Mounting Kit 80807541 Universal Strand Adaptor Bracket to interface with any aerial strand bracket that connects Butt Splice Catalog Number Cable O.D. Range Rod Dia. (mm) Rods per set Subsets Color Codein mm AR-0172 .400-.450 10.1-11.4 .102" (2.6) 15 5-5-5 Red AR-0173 .451-.509 11.5-12.9 .102" (2.6) 15 5-5-5 Black AR-0174 .510-.575 13.0-14.6 .102" (2.6) 16 4-4-4-4 Blue AR-0175 .576-.649 14.7-16.4 .102" (2.6) 18 5-5-4-4 Orange AR-0176 .650-.730 16.5-18.5 .121" (3) 17 5-4-4-4 Green AR-0177 .731-.820 18.6-20.8 .121" (3) 19 5-5-5-4 Brown AR-0178 .821-.920 20.9-23.3 .136" (3.5) 19 5-5-5-4 Yellow AR-0179 .921-1.007 23.4-25.6 .136" (3.5) 20 5-5-5-5 Purple Form Revised on 7-30-15 Contract No. 16300113 ATTACHMENT E Underground Fiber Installation Specification Cable Vault Specifications First vault out from intersection of road, street, or highway will be 30” X 48” X 36” depth H10 or better rated, open bottom with “CITY OF COLLEGE STATION FIBER OPTICS” raised letter on lid. Placement of top of vault will be even with final ground grade, 50’ of curb radius or right of way line of intersection road. 6” of pea size gravel placed in bottom of vault. A 8’ ground rod will be placed in each vault, with 1’ exposed above pea gravel. The ground resistance of this ground rod will be 25 ohm or less, contractor will provide testing and results. All other pull assist vaults will be placed at 550’ to 600’ from each other. These vaults will be 30” X 48” X 36” depth H10 or better rated, open bottom with “CITY OF COLLEGE STATION FIBER OPTICS” raised letter on lid. Placement of top of vault will be even with final ground grade and with 6” of pea size gravel placed in bottom of vault. A 8’ ground rod will be placed in each vault, with 1’ exposed above pea gravel. Conduit Specifications 4” schedule 40 PVC with 4 – 1” interducts with low friction, polyester fiber pull tape, 1800 psi tensile strength. A tracer wire, 10 AWG insulated, will be placed with the interducts. The 4” duct will be place with a minimum of 42” of cover and a 6” orange warning tape place 1’ below the final ground grade with “Fiber Optic Line” printed on it repeatedly. The interducts will enter all the vaults with a minimum of 18” exposed above pea gravel. Route Marking Specifications Fiber cable route marker signs will be place on edge of right-a-way near the location of the vaults, each side of road crossing, or crossing of other underground utilities or placed no farther than 600’. The sign will be a PolyDome Fiber Optic Cable Marker PDM-35FO or equivalent with “City of College Station”, “Call College Station Dispatch 979-764-3638” on them. Riser Specifications Risers will be 4” duct with 3 attachment/stand-off points on the pole, and continuing the riser 4” duct system underground to a 30” X 48” X 30” handhole (H/H), near the base of pole. The riser shall have a cap with a ¾” hole for cable placement. Form Revised on 7-30-15 Contract No. 16300113 EXHIBIT B PAYMENT SCHEDULE Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be payable by the City upon completion of the services and written acceptance by the City. Form Revised on 7-30-15 Contract No. 16300113 EXHIBIT C INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation D. Builder’s Risk – provides coverage for contractor’s labor and materials for a project during construction that involves a structure such as a building or garage. Builder’s risk policy shall be written on “all risks” form. II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit D; and shall be approved by the City before work begins C. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per- occurrence basis only D. The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas E. The City will not accept “claims made” policies F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing “primary and non-contributory” language with regard to self-insurance or any insurance the City may have or obtain C. Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance E. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Form Revised on 7-30-15 Contract No. 16300113 IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better rating under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing “primary and non-contributory” language with regard to self-insurance or any insurance the City may have or obtain C. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V. Workers’ Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers compensation insurance policy: either directly through their employer’s policy (the Contractor’s or subcontractor’s policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. B. Workers compensation insurance shall include the following terms: 1. Employer’s Liability minimum limits of $1,000,000 for each accident/each disease/each employee are required. 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: “A. Definitions: Certificate of coverage (“certificate”) – An original certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers’ compensation Form Revised on 7-30-15 Contract No. 16300113 insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor’s/person’s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project (“subcontractors” in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may Form Revised on 7-30-15 Contract No. 16300113 verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity.” Form Revised on 7-30-15 Contract No. 16300113 EXHIBIT D CERTIFICATES OF INSURANCE HOUSL-2 OP ID: LF ACORD ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-11/09/2015 THIS CERTIFICATE IS ISSUED AS A MATIER 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRODUCER ~2~~~cT Lisa W. Friend Trimble-Batjer San Angelo jl)gN,jo Extl: 325-340-9942 I iffc Nol: 325-653-4883 P 0 Box 2480 San Angelo, TX 76902-2480 ~oMDA~~ss: lisa@trimble-batjer.com Joseph P. O'Connor-SJT INSURERIS) AFFORDING COVERAGE NAIC# INSURER A: Transportation Insurance Co 20494C INSURED Housley Communications, Inc. 1NsuRER B : Continental Casualty Co OBA Housley Group INSURER c : Valley Forge Ins Co 20508 P. 0. Box 2917 San Angelo, TX 76902 INSURER D: INSURER 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBA r&~~J%MVv1 POLICY EXP LIMITS LTR ,, .. ~~ ····~ POLICY NUMBER (MM/DD/YYYYI GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00(J J--DAMAGt:: TO RENTED 50,00IJ c x COMMERCIAL GENERAL LIABILITY GL4025770201 05/11/2015 05/11/2016 PREMISES IEa occu rrence I $ I CLAIMS-MADE [!] OCCUR MED EXP (Any on e person) $ 5,00(J ~ SEE BELOW PER LOC AGGR ALSO APPLIES PERSONAL & ADV INJURY $ 1,000,00(J '--GENERALAGGREGATE $ 2,000,00(J GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,00(J n POLICY lxl ~~,P,: n LOG $ AUTOMOBILE LIABILITY COMBINED SIN GLE LIMIT 1,000,00(J (Ea accident) $ 1-- A ~ ANY AUTO BUA4025770022 05/11/2015 05/11/2016 BODILY INJURY (Pe r person ) $ -ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ J--AUTOS 1--AUTOS ~ x NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS IPER ACCIDENT\ J--x SEE BELOW $ ~ UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 9,000,00(J B EXCESS LIAB CLAIMS-MADE L2097585637 05/11/2015 05/11/2016 AGGREGATE $ 9,000,00( DED I x I RETENTION$ 10000 $ WORKERS COMPENSATION x I WC STATU-I !OJ~-AND EMPLOYERS' LIABILITY TORY LIMITS A Y/N WC425770005 05/11/2015 05/11/2016 1,000,00CJ ANY PROPRIETOR/PARTN ER/EXE CUTIVE [NJ EL EACH ACCIDENT $ OFFICER/MEMBER EXC LUDED? N N/A 1,000,00C (Mandatory in NH) SEE BELOW EL DISEASE -EA EMPLOYEE $ If yes , describe under EL DISEASE -POLICY LIMIT $ 1,000,00(J DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is required) SEE REVERSE FOR SPECIAL PROVISIONS. Re: Fiber Route Installation , College Station , Texas CERTIFICATE HOLDER CANCELLATION CICOTX5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. 1101 Texas Ave. College Station, TX 77840 AUTHORIZED REPRESENTATIVE ~~~cL--I © 1988-2010 ACORD CORPORATION. All rights reserved . ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD 1NSURED's NAME Housley Communications, Inc . HOUSL-2 OP ID: LF **SPECIAL PROVISIONS-Policies include a blanket 30 day notice of cancellation/material change endorsement (except nonpay , 10), blanket additional insured endorsement (except we) with general liability including products/completed operations and primary & non-contributory coverage, and a blanket waiver of subrogation endorsement all in favor of any person or organization as required by signed, written contract . Umbrella liability follows form. ~ HAVE ISSUED AN INDUSTRY STANDARD ACORD CERTIFICATE OF INSURANCE FOR OUR CUSTOMER. A LAW PASSED BY THE TEXAS LEGISLATURE EFFECTIVE JANUARY 1, 2012 (SENATE BILL 425) PROHIBITS US FROM ADDING SPECIAL WORDING TO THE CERTIFICATE THAT WOULD (1) ALTER, AMEND OR EXTEND COVERAGE OR TERMS AND CONDITIONS PROVIDED BY THE INSURANCE POLICY; AND (2) PROVIDE FALSE OR MISLEADING INFORMATION CONCERNING THE INSURANCE POLICY; OR (3) REFER TO A LEGAL OR INSURANCE REQUIREMENT CONTAINED IN A CONTRACT . PAGE _2 Date 11 /09/2015 HOUSL-2 OP ID: LF ACORD ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-11/09/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMAT IVELY 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~~~cT Lisa W. Friend Trimble-Ba~er San Angelo ri:JgN:o Extl : 325-340-9942 I rffc Nol : 325-653-4883 P 0 Box 24 O San Angelo, TX 76902-2480 ~ori~~ss : lisat@trimble-batjer.com Joseph P. O'Connor-SJT INSURER($) AFFORDING COVERAGE NAIC# INSURER A : Continental Casualty CL INSURED Housley Communications, Inc. INSURER B: P. 0. Box 2917 INSURER C : San Angelo, TX 76902 INSURER D : INSURER E : INSURER F : 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 WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADUL SuB" POLICY EFF POLICY EXP LIMITS LTR "'"o ""'n POLICY NUMBER IMM/DD/YYYYl IMM/DDNYYYl GENERAL LIABILITY EACH OCCURREN CE $ f--DAMAGE TO RENTED -COMMERCIAL GENERAL LIABILITY PREMISES IEa occurrence ) $ D CLAIMS-MADE D OCCUR MED EXP (An y on e person ) $ PER SONAL & ADV INJURY $ f-- GENERALAGGREGATE $ -GEN'L AGGREGATE LIMIT APPLIES PER : PRODUCTS -COMP /OP AGG $ n POLICY n P,~l.f..r n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IEa acci denl\ $ f-- ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accid ent ) $ f---NON -OW NED rp'19f ~~cib~*t GE HIRED AUTOS AUTOS $ f--- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB CLAI MS-M ADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I T~2-7T~1~~ I I OJ~-AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXE CUTI VE D N/A E.L EACH ACCIDENT $ OFFI CER /ME MBER EXC LUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E. L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS bel ow A lnstl Floater IM4022278871 11/06/2015 11/06/2016 See Below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space is requ ired) Re: Fiber Route Installation, College Station , Texas. Limit @ Location $96,028 .00; Limit @ Temporary Location $25,000 .00; Transit Limit $25,000 .00 . Certificate holder is loss payee. CERTIFICATE HOLDER CANCELLATION CICOTX5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. 1101 Texas Ave. College Station, TX 77840 AUTHORIZED REPRESENTATIVE ~</!ct/ct-. , I © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) T he ACORD name and l ogo are registered marks of ACORD Form Revised on 7-30-15 Contract No. 16300113 EXHIBIT E PERFORMANCE AND PAYMENT BONDS Bond #929583376 PERFORMANCE BOND THE STATE OF TEXAS THE COUN1Y OF BRAZOS § § § Project N o , ___ C_0_0_9_0_2 ______ _ KNOW AU MEN BY THESE PRESENTS: THAT WE, Housley Communications, Inc. as Principal, hereinafter called "Contractor" and the other subscriber hereto City of College Station , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Ninety Six Thousand Twenty Seven and 80/100 Dollars ($96.027.80.00) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for Fiber Route Installation all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully cons idered its Pr:incipal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the ~'ork to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold ham-Jess the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection Form Revised on 7-30-l 5 Contract No. 16300113 with the work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond o.r both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference . However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other patty at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instmment on the respective dates written below their signatures and have attached current Power of Attorney. ATTEST, SEAL: (if a corporation) WI1NESS: (if not a c (SEAL) By: . 1ffrJl/kM<ifr Mvw Name: Cassa ~Lynn Simmons Title: Attorney-In-Fact Date: November 13, 2015 REVIEWED: City Attorney's Office Form Revised on 7-30-15 Contract No. 16300113 Housley Communications, Inc. (Name of Continental Casualty Company (Full Name of Surety) 14100 San Pedro, Suite 206 (Address of Surety for Notice) San Antonio, Texas 78232 By ~ VIJ-d~ Name: isa W. Friend Title: Attorney-in-Fact Date: November 13, 2015 Tiffi FOREGOING BOND IS ACCEPTED ON BEHALF OF TIIB CITY OF COLLEGE STATION, TEXAS: City Manager Bond #929583376 1EXASSTATUTORYPAYMENTBOND TilE STA 1E OF 1EXAS THE COUNTY OF BRAZOS § § § Pro ject No. __ C_0_0_9_0_2 ______ _ KNOW ALL lYtEN BY THESE PRESENTS: THAT WE, Housley Communications, Inc., as Princip al, hereinafter called ''Principal" and the other subscriber hereto Continental Casualty Company , a corporation organi zed and existing under the laws of the State of I J J i n a j s , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal co1poration, in the sum of Ninety Six Thousand Twenty Seven and 80/100 Dollars ($96,027.80.00) for payment whereof, the said Principal and Surety bind themselves , and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the 13th day of November 2015, for Fiber Route Installation which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontracto r in the prosecution of the work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the p rovisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Code to tl1e same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures . Fonn Revised on 7-30 -15 Contract No . 16300113 A TfEST, SEAL: (tf a corporati on) WI1NESS: (if not a corporation) ATTEST /WITNESS (SEAL) ~y> -iJM tll!i ch~ ~ .::. Name: Cassand n Simmons Title: Attorney-In-Fact Date: November 13, 2015 REVIEWED: City Attorney's Office Form Revised on 7-30-15 ContractNo . 16300113 Housley Comrmm i cat i ans Inc Continental Casualty Company (Full Name of Surety) 14100 San Pedro, Suite 206 (Address of Surety for Notice) San Antonio, Texas 78232 By: ___ v:J-4--4"· ~· . --""-///-'--. -'-----'d A'-+-=J '---,. --~Lisa W. Friend Title: Date: Attorney-In-Fact November 13, 2015 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CI1Y OF COLLEGE STATION, TEXAS: City Manager POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT . Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Peter S Batjer, Paul G Adam, Barbara B Newcomb, Joseph P 0 Connor, Susan D B Muniz, Lisa W Friend, Cassandra Lynn Simmons, Kate Jauregui, Individually of San Angelo, TX, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Ri;:solutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 7th day of July, 2015. State of South Dakota, County of Minnehaha, ss: Continental Casualty Company National Fire Insurance Company of Hartford American Cas lty Company of Reading, Pennsylvania On this 7th day of July, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. My Commission Expires February 12, 2021 S. Eich 'Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force . In testimony whereof! have hereunto subscribed my name and affixed the seal of the said insurancecompaniesthis 13th dayof November , 2015 . Form F6853-4/2012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania 8~ D. Bult Assistant Secretary NOTICE In accordance with the Terrorism Risk Insurance Act of2002, we are _providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire fnsurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's fnsurance Company of Newark, NJ, and The Cont1nentaI Insurance Company. - DISCLOSURE OF PREMIUM The premium attribuJable to coverag~ for terrorist acts certified under the Act was Zero DoUars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAXMENT OF TERRORISM LOSSES The United States will pay ~ety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. fuan f7Jl0 · .. Figure: 28 TAC §1.S01(a){3) 1 IMPORT ANT NOTICE To obtain information or make a complaint: 2 You may contact Continental Casualty Company, National Fire Insurance Company. American Casualty Company or Continental Insurance Company at 312-822-5000 . 3 You may call Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's toll-free telephone number for Information or to make a complaint at: 1-371-672-6115 4 You may also write to Continental Casualty Company, National Fire Insurance Company. American Casualty Company or Continental Insurance Company at: CNA Surety · 333 South Wabash Chicago, IL 60604 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-Mail: ConsumerProtection@tdi.state. b<. us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact Contlnental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. B ATTACH THIS NOTICE TO YOUR POLICY: This notice Is for information only and does not become a part or condition of the attached . document. FormFazn AVISO IMPORTANTE Para obtener lnformaclon o para sorneter una queja: Puede comunlcarse con Continental Casualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company al 312-822-5000. Listed puede Hamar al numero de telefono gratis de Continental Caaualty Company, National Fire Insurance Company, American Casualty Company or Continental Insurance Company's para informacion o para someter una queja al; 1-877 -672-6115 Usted tambien puede escribfr a Continental Casualty Company, National Fire Insurance Campany, Amerfcan Casualty Company or Continental Insurance Company: CNA Surety 333 South Wabash Chicago, IL 60604 Puede comunicarse con el Departamento de Seguros de Texas para obtener Jnformacion acerca de companias, coberturas, derechos 0 quejas ar : 1·800·25.2-3439 Puede escriblr al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http:l/www.tdl.state.tx.us E-Mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: SI !iene una disputa concemiente a su prima o a un reclamo, debe comunicarse con ef Continental Casualty Company, Nationar Fire Insurance Company, American Casually Company or Continental Insurance Company primero. Si no se resuelve fa disputa, puede entonces comunicarse con el departamento (TOI). UNA ESTE AVISO A SU POLIZA: Este avlsa es soro para proposito de informacion y no se convlerte en parte o condicion def docurnento ad/unto. Form Revised on 7-30-15 Contract No. 16300113 EXHIBIT F WAGE RATES General Decision Number: TX150016 01/02/2015 TX16 Superseded General Decision Number: TX20140016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures)......................$ 12.56 ELECTRICIAN......................$ 26.35 FORM BUILDER/FORM SETTER Paving & Curb...............$ 12.94 Structures..................$ 12.87 LABORER Asphalt Raker...............$ 12.12 Flagger.....................$ 9.45 Laborer, Common.............$ 10.50 Laborer, Utility............$ 12.27 Pipelayer...................$ 12.79 Form Revised on 7-30-15 Contract No. 16300113 Work Zone Barricade Servicer....................$ 11.85 PAINTER (Structures).............$ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor........$ 12.69 Asphalt Distributor.........$ 15.55 Asphalt Paving Machine......$ 14.36 Boom Truck..................$ 18.36 Broom or Sweeper............$ 11.04 Concrete Pavement Finishing Machine...........$ 15.48 Crane, Hydraulic 80 tons or less.....................$ 18.36 Crane, Lattice Boom 80 tons or less................$ 15.87 Crane, Lattice Boom over 80 tons.....................$ 19.38 Crawler Tractor.............$ 15.67 Directional Drilling Locator.....................$ 11.67 Directional Drilling Operator....................$ 17.24 Excavator 50,000 lbs or Less........................$ 12.88 Excavator over 50,000 lbs...$ 17.71 Foundation Drill, Truck Mounted.....................$ 16.93 Front End Loader, 3 CY or Less........................$ 13.04 Front End Loader, Over 3 CY.$ 13.21 Loader/Backhoe..............$ 14.12 Mechanic....................$ 17.10 Milling Machine.............$ 14.18 Motor Grader, Fine Grade....$ 18.51 Motor Grader, Rough.........$ 14.63 Pavement Marking Machine....$ 19.17 Reclaimer/Pulverizer........$ 12.88 Roller, Asphalt.............$ 12.78 Roller, Other...............$ 10.50 Scraper.....................$ 12.27 Spreader Box................$ 14.04 Trenching Machine, Heavy....$ 18.48 Servicer.........................$ 14.51 Steel Worker Reinforcing.................$ 14.00 Structural..................$ 19.29 TRAFFIC SIGNAL INSTALLER Traffic Signal/Light Pole Worker......................$ 16.00 TRUCK DRIVER Lowboy-Float................$ 15.66 Form Revised on 7-30-15 Contract No. 16300113 Off Road Hauler.............$ 11.88 Single Axle.................$ 11.79 Single or Tandem Axle Dump Truck.......................$ 11.68 Tandem Axle Tractor w/Semi Trailer.....................$ 12.81 WELDER...........................$ 15.97 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0725 Name:FY CO Transportation Projects DRR Status:Type:Presentation Consent Agenda File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for new transportation projects that were included in the FY16 Capital Improvements Program Budget. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Resolution FY16 CO Transportation Projects DRR.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 new transportation projects that were included in the FY16 Capital Improvements Program Budget. 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:In accordance with the direction provided by Council on August 13,2015,the City did not hold a General Obligation Bond Authorization in 2015.Instead,it is anticipated that a number of new transportation projects will be funded with Certificates of Obligation (CO)debt over the next five fiscal years. On projects for which spending will occur in advance of the debt issue,a “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt”must be approved by Council.Typically,the resolution is brought to Council along with the initial contract for the project (i.e.the engineering contract).In the case of some projects,however,spending will take place before the initial contract is brought to Council (i.e.staff time charged to the project for initial planning).This “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt”is being brought to Council to cover these expenditures as well as expenditures for projects on which spending is estimated to occur in advance of the debt issue scheduled for FY16 and FY17.In the case of longer term projects,depending on the timing of future debt issues,an additional “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” may be necessary in the future. 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. The debt that this resolution is intended to cover is estimated to be issued in FY16 and/or FY17. College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0725,Version:1 Reviewed and Approved by Legal:Yes. Attachment: 1.Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ RESOLUTION NO. _________________ RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STAT ION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $27,120,000, for the purpose of paying the aggregate costs of the Projects. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 10th DAY OF December, 2015. _______________________________ Nancy Berry, Mayor ATTEST: _________________________________ Sherry Mashburn, City Secretary (Seal) Exhibit "A" The projects to be financed that are the subject of this Statement are: Greens Prairie Trail from FM 2154 through Royder Rd ($4,100,000) Rehabilitation of Greens Prairie Trail from Wellborn Road (FM2154) to and through the intersection with Royder Road with the proposed roadway being a 4-lane minor arterial with median. The existing asphalt road is intended to be replaced with concrete roadway with, curb gutter, underground storm sewer and sidewalks. Cain/Deacon Union Pacific Railroad Crossing Switch (3,775,000) Roadway extension of Deacon Road to Wellborn Road and the removal of the existing Cain Road railroad crossing. The roadway extensions will be constructed with concrete pavement with curb, underground storm sewer, and sidewalks. The railroad crossing removal will including all pavement and existing structures pertaining to the existing crossing. Design of FM 2818 Capacity Improvements ($655,000) This project is for the design of widening FM2818 by adding two lanes from George Bush Drive to Wellborn Road. The traffic signals located at George Bush Drive, Luther Street, & Holleman Drive will be designed to accommodate this expansion. Rock Prairie Road West – Wellborn Road to City Limits ($4,985,000) This project includes the reconstruction of Rock Prairie Road West from approximately Wellborn Road to the west City Limits. The existing asphalt road is intended to be replaced with concrete roadway with curb, gutter, underground storm sewer, and sidewalks and adjustments to the Union Pacific railroad crossing if necessary. Capstone and Barron Realignment ($1,800,000) This project includes the reconstruction and realignment of Capstone Drive and Barron Road from State Highway 40 through FM 2154 (Wellborn Road). Barron Road and Capstone Drive will be realigned to intersect FM 2154 at the same junction. The existing asphalt road is intended to be replaced with concrete roadway with curb, gutter, underground storm sewer, and sidewalks. Southside Neighborhood Safety Improvements – Park Place, Holik Street, Glade Street and Anna Street ($2,090,000) Rehabilitation of Park Place, Holik Street, Glade Street and Anna Street surrounding Oakwood Intermediate School, into a standard 27-foot pavement back of curb to back of curb. Concrete pavement with curb and gutter, sidewalks and an underground storm sewer system. Holleman Drive South Widening ($6,500,000) This project is for the reconstruction and widening of Holleman Drive South from approximately North Dowling to Rock Prairie Road West. The existing road is intended to be replaced with a four lane minor arterial (continuing existing cross-section) concrete roadway with curb, gutter, underground storm sewer, and sidewalks/shared use path. Greens Prairie Road at Arrington Intersection Improvements ($515,000) This project is for the construction of intersection improvements at Greens Prairie Road and Arrington Road. The project will include pedestrian facilities on all four sides. Royder Road Expansion ($2,700,000) This project includes the reconstruction of Royder Road from approximately Greens Prairie Road to Green Prairie Trail. It also includes the reconstruction of Greens Prairie Road from approximately FM 2154 to Royder Road. The existing asphalt roads are intended to be replaced with concrete roadways with curb, gutter, underground storm sewer, and sidewalks. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0729 Name:Real Estate Appraisal Services Contracts Status:Type:Contract Consent Agenda File created:In control:11/25/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding the approval of four Master Agreements for Real Estate Appraisal Services: Atrium Real Estate Services (Contract No. 16300131); CBRE, Inc. (Contract No. 16300132); Integra Realty Resources - Austin (Contract No. 16300133); S.T. Lovett & Associates (Contract No. 16300134). Approval of these agreements will authorize the City Manager or his delegate to approve Service Orders for each project within the terms of each Master Agreement. Each agreement will have a not to exceed amount of $30,000 and the option to renew the contract for up to two (2) additional one (1) year terms (total of three (3) years). Sponsors:Donald Harmon Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the approval of four Master Agreements for Real Estate Appraisal Services: Atrium Real Estate Services (Contract No. 16300131); CBRE, Inc. (Contract No. 16300132); Integra Realty Resources - Austin (Contract No. 16300133); S.T. Lovett & Associates (Contract No. 16300134). Approval of these agreements will authorize the City Manager or his delegate to approve Service Orders for each project within the terms of each Master Agreement. Each agreement will have a not to exceed amount of $30,000 and the option to renew the contract for up to two (2) additional one (1) year terms (total of three (3) years). Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the Master Agreements. Summary: Typical appraisal assignments include the appraisal of public utility easements, public access easements, and temporary construction easements. Also, assignments may include the appraisal of partial fee simple acquisitions, the appraisal of whole tracts including greenways, park land, and other municipal properties. Since 2009, the City has issued two Requests for Proposal of Real Estate Appraisal Services, resulting in annual contracts with the option to renew the contracts for up to two years. In 2009, three firms were selected to provide appraisal services. Four firms were selected in 2012, which better met the needs of the City. In September of this year, staff issued another Request for Proposal of Real Estate Appraisal Services, RFP No. 16-004. In response to the RFP, five proposals were received. Based on cumulative rankings resulting from evaluations of the proposals, four real estate appraisal firms have been selected to prepare real estate appraisal reports and provide real estate consulting services to the City: College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0729,Version:1 •Atrium Real Estate Services •CBRE, Inc. •Integra Realty Resources - Austin •S.T. Lovett & Associates Each agreement will have a not to exceed amount of $30,000 and the option to renew the contract for up to two (2) additional one (1) year terms (total of three (3) years). Budget & Financial Summary: Funds for appraisal services are budgeted for in the various accounts out of which the land will be purchased. In the case of land purchases for capital projects, the funds are budgeted as part of the capital project. Attachments: (On file in the City Secretary's Office) 1.Master Agreement - Atrium Real Estate Services 2.Master Agreement - CBRE, Inc. 3.Master Agreement - Integra Realty Resources - Austin 4.Master Agreement - S.T. Lovett & Associates College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0730 Name:Guadalupe Sidewalk Construction Contract Status:Type:Contract Consent Agenda File created:In control:11/25/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding the approval of a construction contract (No. 16300081) with Palomares Construction, Inc., in the amount of $141,456 for the construction of sidewalk improvements along Guadalupe Drive. Sponsors:Donald Harmon Indexes: Code sections: Attachments:16-019 Tab.pdf Location Map.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the approval of a construction contract (No.16300081)with Palomares Construction,Inc.,in the amount of $141,456 for the construction of sidewalk improvements along Guadalupe Drive. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of this contract. Summary:The Guadalupe Sidewalk Improvements Project (ST-1407)will construct a five foot wide sidewalk,located at the back of curb,on the north side of Guadalupe Drive,between Nueces Drive and Langford Street.The sidewalk was identified as a need in the Bicycle,Pedestrian,and Greenways Master Plan.Additionally,the project was identified for short term implementation in the South Knoll Area Neighborhood Master Plan.This project was also requested by a local resident with accessibility needs.Extensive public engagement was completed with this project.A total of three public meetings were held to discuss the project with residents as well as face to face communication with several residents. Reviewed and Approved by Legal: Yes Budget &Financial Summary:A budget of $207,772 is included for this project in the Streets Capital Improvement Projects Fund.A total of $57,370 has been expended or committed to date,leaving a balance of $150,402 for construction and related expenditures. Attachments: 1.Contract No. 16300081 (On file in the City Secretary's Office) College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0730,Version:1 2.Bid Tabulation 16-019 3.Project Location Map College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #16-019 "Guadalupe Drive Improvements" Open Date: Thursday, October 29, 2015 @ 2:00 p.m. Page 1 of 1 ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE BASE BID 1 1 LS Insurance and Mobilization for all material, equipment and labor to complete the project (not to exceed 5% of construction).$10,500.00 $10,500.00 $8,300.00 $8,300.00 $9,900.00 $9,900.00 2 1 LS Erosion and Sedimentation Control including silt fencing, inlet protection, erosion control measures until ground cover established including related items & appurtenances, complete in place.$2,400.00 $2,400.00 $975.00 $975.00 $3,245.00 $3,245.00 3 1 LS Traffic Control Plan including related items & appurtenances, complete in place.$1,500.00 $1,500.00 $4,500.00 $4,500.00 $8,200.00 $8,200.00 4 1 LS Site grading & clean-up including top soil replacement & final grading of disturbed areas; complete in place.$18,000.00 $18,000.00 $12,000.00 $12,000.00 $4,365.00 $4,365.00 5 900 SY Sodding includes smoothing, fertilizer, watering, maintenance, and clean-up, (5'x1600') complete in place.$18.00 $16,200.00 $6.00 $5,400.00 $7.80 $7,020.00 6 41 SY Remove sidewalk pavement including related items & appurtenances.$27.00 $1,107.00 $36.00 $1,476.00 $22.00 $902.00 7 537 SY Remove driveway pavement including concrete, curb, gutter, asphalt, related items & appurtenances.$27.00 $14,499.00 $36.00 $19,332.00 $11.00 $5,907.00 8 22 SY Remove miscellaneous pavement including related items & appurtenances.$27.00 $594.00 $36.00 $792.00 $21.00 $462.00 9 4 EA Remove and dispose of existing planter.$150.00 $600.00 $650.00 $2,600.00 $360.00 $1,440.00 10 5 EA Adjust existing meters, valves, cleanouts & related items and appurtenances, complete in place.$125.00 $625.00 $1,100.00 $5,500.00 $265.00 $1,325.00 11 2 EA Adjust fire hydrant & related items and appurtenances, complete in place.$200.00 $400.00 $2,750.00 $5,500.00 $550.00 $1,100.00 12 17 EA Remove and reset existing mail box including necessary appurtenances complete in place.$225.00 $3,825.00 $155.00 $2,635.00 $210.00 $3,570.00 13 8 EA Remove and Reset Existing Signage including related items & appurtenances, complete in place.$150.00 $1,200.00 $150.00 $1,200.00 $455.00 $3,640.00 14 1 EA Remove and dispose of existing tree and stump including any compacted back fill necessary to bring to grade complete in place.$1,000.00 $1,000.00 $1,805.00 $1,805.00 $800.00 $800.00 15 1 LS Provide Tree protection, root pruning, fertilization, related items & appurtenances by a licensed aborist complete in place.$2,000.00 $2,000.00 $2,860.00 $2,860.00 $6,250.00 $6,250.00 16 720 SY Concrete Sidewalk including required grading, embedment, finishing, related items & appurtenances, complete in place.$43.00 $30,960.00 $54.00 $38,880.00 $62.00 $44,640.00 17 524 SY Concrete driveway pavement including required grading, related items & appurtenances, complete in place.$45.00 $23,580.00 $60.00 $31,440.00 $72.00 $37,728.00 18 3 EA Provide and install Reinforced Concrete Handicap Ramp including detectable warning strips and necessary appurtenances complete in place.$1,100.00 $3,300.00 $450.00 $1,350.00 $1,500.00 $4,500.00 19 66 LF Provide and install 12" Wide White Crosswalk Striping complete in place.$6.00 $396.00 $24.00 $1,584.00 $23.00 $1,518.00 20 4 EA Provide and Install new traffic signs including pole and break away base and necessary appurtenances complete in place.$150.00 $600.00 $290.00 $1,160.00 $860.00 $3,440.00 21 258 LF Provide and install new concrete curb and gutter with necessary appurtenances including expansion joints complete in place.$15.00 $3,870.00 $25.00 $6,450.00 $20.00 $5,160.00 22 1 EA Provide and install new 8' x 5' galvanized/aluminum plate/plank bridge at flume with necessary appurtenances complete in place.$3,500.00 $3,500.00 $1,950.00 $1,950.00 $6,000.00 $6,000.00 23 1 LS Irrigation relocation allowance - This item covers material and labor for relocating private irrigation lines, spray heads, controls, etc. that may lie withing the R.O.W. work zone complete in place. This item may not be used and may not affect the unit cost of other items. The contractor shall submit for approval invoicing for this work. All irrigation relocates shall be identified to the City Inspector.$1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 Palomores Construction: Bidder miscalculated Bid Item 5 and the Total Bid Amount. The highlighted amouts above are correct. Fuqua Construction Co., Inc. (Navasota, TX) $162,112.00 NOTES: Palomares Construction, Inc. (Bryan, TX) Dudley Construction, Ltd. (College Station, TX) TOTAL BID AMOUNT - ALL ITEMS $141,656.00 $158,689.00 R IO G R AN D EB L NUECES DRSOUTHWOO D DR HARVEYMITCHELLPWSHARVEYMITCHELLPWSLANGFORDSTLAWYERSTHO N D O D R LAREDO CTSHADOWWOODDRHAWK TREE DRAIRLINEDRARBOLESCRCOMAL CRANGELINA CTKINGARTHURCRLANCELOTCRAUGUSTINECTMADERACRA&MCONSOLIDATEDHIGHSCHOOL City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0731 Name:Eastgate Phase IV Rehabilitation Design Contract Status:Type:Contract Consent Agenda File created:In control:11/25/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding the approval of a professional services contract (No.16300143) with Kimley-Horn and Associates, Inc., in the amount of $469,600 for detailed design and construction phase services for the Eastgate Rehabilitation Phase IV Project and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Eastgate Phase IV Rehab Project Location Map.pdf Eastgate DRR.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the approval of a professional services contract (No.16300143)with Kimley-Horn and Associates,Inc.,in the amount of $469,600 for detailed design and construction phase services for the Eastgate Rehabilitation Phase IV Project and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s):Staff recommends approval of this contract and approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary:This project consists of the replacement of water and wastewater lines in the area bounded by Lincoln Avenue to the north,Walton Drive to the east,Francis Drive to the south,and Texas Avenue to the west.A Preliminary Engineering Report (PER)was completed earlier this year and a Public Meeting was held on August 25, 2015 to discuss the project. Budget &Financial Summary:Budget in the amount of $5,451,000 is included for this project in the Water Capital Improvement Projects Fund ($2,645,000)and the Wastewater Capital Improvement Projects Fund ($2,806,000).Funds in the amount of $241,205 have been expended or committed to date.The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt”is necessary for this item because the majority of the long term debt has not been issued for the project.The debt for the project is scheduled to be issued later this fiscal year and next fiscal year. College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0731,Version:1 Reviewed and Approved by Legal: Yes Attachments: 1.Contract No. 16300143 (On file in the City Secretary's Office) 2.Project Location Map 3.Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ Texas Ave Francis DrLincoln AveF o ster Ave Tarro w St DominikDrGeorgeBu s h D rE PuryearDr Nimitz St A shburn Ave WaltonDr AlleyKyle AveWillia m s St P asler St New Main DrGilchrist AveDominik DrBanks StBrooks AveLive Oak StVassar CtPrestonStEastgate Rehab PH IV Project Location Map RESOLUTION NO. _________________ RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STAT ION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $5,500,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 10th DAY OF December, 2015. _______________________________ Nancy Berry, Mayor ATTEST: _________________________________ Sherry Mashburn, City Secretary (Seal) Exhibit "A" The projects to be financed that are the subject of this Statement are: Eastgate Water and Wastewater Infrastructure Rehabilitation This project consists of the replacement of water and sewer lines in the area bounded by Lincoln Avenue to the north, Walton Drive to the east, Francis Drive to the south, and Texas Avenue to the west. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0734 Name:Two Hour Parking Church Ave Status:Type:Ordinance Consent Agenda File created:In control:11/25/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion on an ordinance 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 northwest side of Church Avenue beginning 40 feet southwest of First Street and ending 95 feet northeast of Wellborn Road North. Sponsors:Debbie Eller Indexes: Code sections: Attachments:CH 10 Sec 4G Church St Parking .pdf Church Street Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance 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 northwest side of Church Avenue beginning 40 feet southwest of First Street and ending 95 feet northeast of Wellborn Road North. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure ·Diverse Growing Economy ·Improving Mobility Recommendation(s): Staff recommends approval. Summary: In late September of 2015,several Northgate merchants requested that existing parking spaces designated as free to the public twenty-four 24 hours a day,seven (7)days a week located on the north side of the 100 block of Church Street be converted to two-hour free parking spaces.The purpose being to facilitate parking turnover and customer access to the commercial businesses in the area.The existing spaces were a result of the completion of a multi-family/commercial structure (“The Domain”)on that block.The proposed amendment was brought before the City’s Transportation Management Team at their November meeting and they did not pose any objection to the change. This ordinance establishes eight (8)two-hour free parking spaces on the 100 block of Church Street from its intersection at Wellborn Road North to First Street immediately adjacent to the one parking College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0734,Version:1 from its intersection at Wellborn Road North to First Street immediately adjacent to the one parking space reserved for people with disabilities. Budget & Financial Summary: N/A Attachments: Attachment 1: Ordinance Attachment 2: Map College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ ORDINANCE NO.__________________ AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 4 “ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS”, G. “TWO HOUR PARKING”, (3) “TWENTY-FOUR (24) HOURS A DAY, SEVEN (7) DAYS A WEEK”, TRAFFIC SCHEDULE XV – “TWO-HOUR PARKING”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY 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 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, G. “Two Hour Parking”, (3) “Twenty-Four (24) Hours a Day, Seven (7) Days A Week”, Traffic Schedule XV - "Two-Hour Parking”, 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 liable for a civil offense and/or guilt y of a Class C misdemeanor, and upon a finding of liability thereof, shall be punished by a civil penalty of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00), or upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance becomes effective ten (10) days after date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No________ Page 2 of 3 PASSED, ADOPTED and APPROVED this 10th day of December, 2015. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No________ Page 3 of 3 EXHIBIT “A” That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, G. “Two Hour Parking”, (3) “Twenty-Four (24) Hours a Day, Seven (7) Days a Week”, Traffic Schedule XV – “Two-Hour Parking”, is hereby amended to include the following: Church Avenue – Two-Hour Parking Zone on the northwest side of Church Avenue beginning 40 feet southwest of First Street and ending 95 feet northeast of Wellborn Road North. LOCATIO N OF PROPOSED TWO-HOU R FREE PARKIN G RampFirst Street Church AvenueW ellborn Road North Boyett Street Patricia StreetUniversity DriveRaymond Stotzer ParkwayUniversity DriveRamp Ramp RampRaymond Stotzer ParkwayRampFirst Street Church AvenueW ellb orn R oad N orth Boyett Street Patricia StreetUniversity DriveR a mp University DriveRa m pRampRam pFirst Street Church AvenueW ellborn Road N orth Boyett Street Patricia StreetRampRampRampÜ 0 80 16040 Feet 100 Church Stree t Free Tw o-Hour Parking City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0735 Name:Transportation Network Companies Ordinance Status:Type:Ordinance Consent Agenda File created:In control:11/30/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion on amending Chapter 4 “Business Regulations” of the Code of Ordinances by adding Section 23 “Transportation Network Companies”. Sponsors:Aubrey Nettles Indexes:Ordinance Code sections:Sec. 4-13. - Transportation Network Companies Attachments:CH 4 Bus Reg Sec 23 TNC 12-3-15 Last Final.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on amending Chapter 4 “Business Regulations” of the Code of Ordinances by adding Section 23 “Transportation Network Companies”. Relationship to Strategic Goals: Good Governance Recommendation(s):The City Manager’s Office recommends approval of the proposed ordinance. Background &Summary:Transportation Network Companies have been operating in College Station for several months and their presence in the community is growing.Because of this,staff believes that we should add regulations to Transportation Network Companies to the Code of Ordinances of the City of College Station.After examining several key components of the draft ordinance at our last meeting,the ordinance is being brought before council tonight for final consideration. Budget & Financial Summary: Attachments: College Station, TX Printed on 12/7/2015Page 1 of 1 powered by Legistar™ ORDINANCE NO. ____________ AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS” BY ADDING SECTION 23 “TRANSPORTATION NETWORK COMPANIES” TO THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, 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 4, “Business Regulations” Section 23 “Transportation Network Companies”, be added to the Code of Ordinances of the City of College Station, Texas, 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 affect 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) or more than Five Hundred Dollars ($500.00). 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 10th day of December, 2015. APPROVED: ________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No.____________ Page 2 of 12 EXHIBIT “A” That Chapter 4, “Business Regulations” Section 23 “Transportation Network Companies”, be added to the Code of Ordinances of the City of College Station, Texas and is to read as follows: Sec. 4-23. Transportation Network Companies. A. Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning: (1) Abnormal Market Disruptions mean any change in the ground transportation market, whether actual or imminently threatened, resulting from Acts of God, failure or shortage of electric power or other source of energy, strike, civil disorder, war, military action, national or local emergency, or other cause of an abnormal disruption of the transportation market resulting in a disaster or state of emergency declaration. (2) Digital Network means any online-enabled application, software, website, or system offered or used by a transportation network company that enables a prearranged ride with a transportation network company driver. (3) Operation of a Transportation Network Vehicle means offering, making available, or using a Transportation Network Vehicle to provide Transportation Network Service, including any time when a driver is logged onto the transportation network company's internet-enabled application or Digital Network showing that the driver is available to pick up riders; when a rider is on a trip in a Transportation Network Vehicle; or when the driver has accepted a request for transportation received through the TNC’s Digital Network or software application and is en route to provide Transportation Network Service to a rider. (4) Overcrowding means the driver or operator transports more people in the vehicle than recommended by the vehicle manufacturer or transports more people in the vehicle than the number of seatbelts. (5) Personal Vehicle means a vehicle that is used by a transportation network company driver and is: (a) Owned, leased, or otherwise authorized for use by the TNC Driver; and (b) Not a taxicab, limousine, or similar for-hire vehicle. (6) Prearranged Ride means transportation provided by a transportation network company driver to a transportation network company rider, beginning at the time a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company and ending at the time the last requesting rider departs from the driver's personal vehicle. The term does not include: Ordinance No.____________ Page 3 of 12 (a) A shared expense carpool or vanpool arrangement or service; or (b) Transportation provided using a taxicab, limousine, or similar for-hire vehicle. (7) Transportation Network Company or TNC means any person, corporation, partnership, sole proprietorship, or other entity operating in this state using a digital network to connect a transportation network company rider to a transportation network company driver for a prearranged ride. A Transportation Network Company shall not be deemed to control, direct or manage the personal vehicles or transportation network company connecting to its digital network, except where agreed to by written contract. The term does not include an entity arranging nonemergency medical transportation under a contract with the state or a managed care organization for individuals qualifying for Medicaid or Medicare. (8) TNC Driver or TNC Operator means a person who: (a) Receives connections to potential transportation network company riders and related services from a transportation network company in exchange for payment of a fee to the company; and (b) Uses a personal vehicle to offer or provide a prearranged ride to a transportation network company rider on connection with the rider through a digital network controlled by the company in exchange for compensation or payment of a fee. (9) TNC Permit Holder means the holder of a valid permit issued by the City. (10) Transportation Network Company Permit or permit means a valid permit issued by the City to any firm, business, corporation, or other entity related to Transportation Network Service. (11) TNC Rider means an individual who uses a transportation network company's digital network to connect with a transportation network company driver who provides a prearranged ride to the individual in the driver's personal vehicle between points chosen by the individual. (12) Transportation Network Service or service means transportation of a passenger between points chosen by the passenger and prearranged with a TNC Driver through the use of a TNC digital network or software application. TNC Service shall begin when a TNC Driver accepts a request for transportation received through the TNC’s Digital Network or software application, continue while the TNC Driver transports the passenger in the TNC Driver’s vehicle, and end when the passenger exits the TNC Driver’s vehicle. TNC Service is not taxicab or street hail service. Ordinance No.____________ Page 4 of 12 (13) Transportation Network Vehicle or vehicle means any passenger motor vehicle used to provide Transportation Network Services and which is not a taxicab. B. Exclusion. Specifically excluded from this definition are owners, operators and vehicles solely operating regulated under Chapter 4, Business Regulations Section 4, Taxicabs, as amended. C. Consequences of Criminal Convictions and Conduct of Drivers. (1) Criminal Convictions. The City Council, in accordance with Chapter 53 of the Texas Occupations Code, has considered the following criteria in regards to criminal convictions of TNC Drivers or Operators regulated under this ordinance. (a) The nature and seriousness of the crimes. (b) The relationship of the crimes to the purposes for requiring a Permit to engage in a Transportation Network Service. (c) The extent to which a Permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously has been involved. (d) The relationship of the crimes to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of a Transportation Network Service; and has determined that the crimes listed in this ordinance are serious crimes that are directly related to the duties and responsibilities of Transportation Network Company drivers or operators whose job is to safely transport passengers for hire. (2) Conduct of Drivers. Drivers at all times shall: (a) Act in a reasonable, prudent and courteous manner. (b) Not inhale, inject or consume any alcoholic beverage, drug, or other substance adversely affecting his or her ability to operate a motor vehicle. D. Transportation Network Company Permit. (1) TNC Permit—Required. It shall be unlawful for any person, individual, firm, business or corporation or any other entity to drive or operate or cause to be driven or operated any Transportation Network Company Service or vehicle upon or over any street in the City, unless a permit issued by the City has been obtained and as provided in this ordinance; provided however, that a TNC vehicle operated by a driver which is permitted, licensed, or authorized by or in another jurisdiction, may operate in the City for the limited purpose of discharging a passenger whose trip originated outside of the City. Ordinance No.____________ Page 5 of 12 (2) TNC Permit—Application. (a) Application Requirements. Application for TNC Permit within the City shall be filed with the City of College Station Police Department on a form provided by the City. The applicant must provide the following information for new and renewal permits: (i) TNC name, TNC owner’s name and TNC permit applicant’s name, if different. (ii) TNC physical address, mailing and URL addresses, TNC applicant or owner telephone numbers and email addresses. (iii) A sworn statement affirming the TNC has conducted background checks, pursuant to this ordinance. TNC shall not allow a TNC driver to provide TNC Services if found that a TNC driver has been convicted of any federal or state felony as amended or federal or state other offenses as amended involving moral turpitude within the seven (7) years prior to becoming a TNC driver, or other criminal offenses including but not limited to (1) Prostitution or related offenses. (2) Driving while intoxicated or under the influence of any drug. (3) Violations of the Controlled Substance Act. (4) Rape, murder, attempted murder or aggravated assault. (5) Theft over five hundred dollars ($500.00). (6) A felony or other offense involving moral turpitude which may adversely affect the TNC Driver’s ability to provide safe and reliable passenger transportation. (7) Or any other criminal offense that may adversely affects the TNC Driver's ability to provide safe and reliable passenger transportation. (iv) Proof of current valid insurance coverage required by Texas law. (v) A general description of the mobile or electronic means and methodology used to charge passengers for TNC services. Ordinance No.____________ Page 6 of 12 (b) Sworn Statement. The application shall include a sworn statement by the applicant stating all information provided in the application is true and stating the TNC will conduct a criminal background checks on TNC Drivers or Operators before allowing the TNC Driver or Operator to accept trip requests through the TNC’s Digital Network, and perform another criminal background checks a least annually thereafter. (c) TNC Permit Fee. For administration of permitting each application and each application renewal must be submitted with a non-refundable Permit fee based on the number of authorized drivers on the TNC digital network operating in the City at the time of application or renewal as shown below: (i) $300.00 for ten (10) or fewer drivers. (ii) $600.00 for eleven (11) to forty (40) drivers. (iii) $900.00 for forty-one (41) to seventy (70) drivers. (iv) $1,200.00 for seventy-one (71) or more drivers. E. TNC Driver Requirements. (1) Before a TNC permits or allows a person to operate as TNC driver on its digital network, the TNC shall: (a) Require the person to submit an application or sign up with relevant information to the TNC including their address, age, driver's license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC. (2) Conduct, or have a reliable third party conduct, a local, state and national criminal background check for each applicant including: (a) Multi-state/Multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation, primary source search. (b) National Sex Offender Registry database. (c) Obtain and review a driving history research report for the applicant. (3) The TNC shall not permit or allow a person act or operate as a TNC driver on its digital platform who: (a) Have been convicted of any federal or state felony as amended or federal or state other offenses as amended involving moral turpitude within the past seven (7) years, including, but not limited to: Ordinance No.____________ Page 7 of 12 (i) Prostitution or related offenses. (ii) Driving while intoxicated or under the influence of any drug. (iii) Violations of the Controlled Substance Act. (iv) Rape, murder, attempted murder or aggravated assault. (v) Theft over five hundred dollars ($500.00). (vi) A felony or other offense involving moral turpitude which may adversely affect the TNC Driver's ability to provide safe and reliable passenger transportation. (vii) Or any other offense that may adversely affects the TNC Driver's ability to provide safe and reliable passenger transportation. (c) Is a match in the National Sex Offender Registry database. (d) Does not possess a valid driver's license. (e) Does not possess proof of valid registration for the motor vehicle(s) used to provide TNC services. (f) Does not possess proof of current valid automobile liability insurance as required by Texas law for the motor vehicle(s) used to provide TNC services. (g) Is not at least 19 years of age. (4) Terminating Relationship with Drivers. A TNC shall immediately terminate the driver's ability to access the digital network if a driver is involved in violations of this ordinance, criminal conduct or otherwise becomes ineligible to operate as a TNC driver by not meeting the above requirements. F. Insurance Requirements for TNC and Registered Agent. (1) All TNC Permit Holders, Drivers or Operators must at all times comply and show proof of compliance with Texas Insurance Code Chapter 1954 “Insurance for Transportation Network Company Drivers”, as amended and any other Texas minimum insurance requirements as required by the Texas Transportation Code, as amended. (2) TNC Permit Holder must have a registered agent in the State of Texas for service of process. G. Issuance of TNC Permit, Term and Renewal. Ordinance No.____________ Page 8 of 12 (1) Issuing Permit. The applicant must submit the Permit fee and application to the Police Department. The Chief of Police shall issue a TNC Permit stating the TNC’s name, address, term and permit number if the Chief of Police finds the permit application requirements are reasonably satisfied. If the Chief of Police determines any of the application requirements are not met then the application must be denied. The TNC applicant may reapply to the Police Department and submit an additional fee with new information for consideration. (2) Term. The Permit will be issued for the period beginning the date of the issuance and will expire one calendar year after issue of the Permit. The Permit must state the year for which it is valid. (3) Renewal. At least thirty (30) days before permit expiration a permitted TNC not in violation of this ordinance may renew its Permit by providing a written request on a form provided by the City for renewal and attaching and submitting the following to the Police Department: (a) Permit Fees. (b) Proof of insurance required by the Texas Insurance Code. (c) TNC Application provided by the City. H. Transportation Network Vehicle Inspections. A Transportation Network Vehicle must have a valid State of Texas registration sticker. I. Display of Rates and Fares. (1) Posted Amounts On Digital Network. The TNC must post rates and other charges or fees on its internet enabled application or digital network in a manner readily accessible to passengers before the service is provided. The TNC may not allow Drivers to charge or collect a rate higher than the one specified on the internet enabled application or digital network. (2) Dynamic Pricing. If a TNC uses dynamic pricing to maximize the supply of available TNC drivers on the network to match the demand for rides and increase reliability, the software application must: (a) Provide clear and visible indication that dynamic pricing is in effect before a ride is requested. (b) Include a feature requiring riders to confirm understanding that dynamic pricing will be applied for their ride. (c) Provide a fare estimator enabling the rider to estimate dynamic pricing cost before requesting the ride. Ordinance No.____________ Page 9 of 12 (d) Dynamic pricing is prohibited during abnormal market disruptions. J. TNC Operating Requirements. (1) Identifying Information. The TNC internet enabled application or digital network accessed by potential passengers shall display after a ride is accepted: (a) An accurate picture of the Transportation Network Driver including readable text stating the driver’s first name. (b) A picture or description of the Transportation Network Vehicle including the make and model of the vehicle, and the vehicle license plate number. (2) Receipt and Contact Information. Passengers must be able to request receipts via email or other electronic format. The TNC shall make available on their internet- enabled application or digital network and website a receipt providing: (a) The origin and destination of the trip. (b) The total time and distance of the trip. (c) An itemization of the total fare paid. (d) Access to contact information for the TNC’s customer service team or liaison. (3) Request for Service. All requests for service must be placed and accepted only through the internet-enabled application or digital network or website. The TNC may not permit TNC drivers to accept street hails for passenger transportation. (4) Route. Drivers must take the most direct, expeditious and safe route, unless specifically requested by the passenger. (5) Loading or Unloading. It shall be the duty of each driver to pull the Transportation Network Vehicle lawfully to the curb when loading or unloading passengers. (6) No Cash Payments. Any payment for TNC services must made using the TNC's digital network or software application. No cash may be exchanged for TNC services. The TNC shall adopt a policy prohibiting solicitation or acceptance of cash payments from passengers and notify TNC drivers of such policy. TNC drivers will not solicit or accept cash payments from passengers as payment for TNC services. (7) Overcrowding. A TNC driver or operator shall not allow Overcrowding of the TNC vehicle while transporting passengers or riders. Ordinance No.____________ Page 10 of 12 (8) Non-discrimination and Accessibility. (a) A TNC and TNC Drivers shall comply with all applicable laws concerning non- discrimination and accessibility. (b) TNC drivers shall comply with all applicable laws relating to accommodation of service animals. (c) A TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities. (d) A TNC shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a TNC cannot arrange wheelchair-accessible TNC service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available. (9) Background Check Audits and Driver Information. (a) Records and Books. Each TNC shall maintain: 1. Individual trip records of passenger customers for at least one (1) year from the date each trip was provided; and 2. Individual records of TNC drivers at least until the one year anniversary of the date on which a TNC driver’s relationship with the TNC has ended. (b) Audit. The TNC shall permit the City to conduct an audit and examine a reasonable sample of books and records relating to TNC’s performance of its obligations under this Agreement at a mutually agreed upon third-party location. The City shall provide notice of the books and records requested for inspection in writing at least 7 days before the scheduled examination. (c) Emergency Situations. Any law enforcement officer investigating a criminal case may request TNC driver or operator information from the TNC in emergency situations where a person is in danger of bodily injury, serious bodily injury or death. The TNC must respond immediately. This information must include all information relevant to the investigation. The law enforcement agency will follow up with a warrant or subpoena when practical. (d) Other Criminal Cases. In other criminal cases not involving emergency situations law enforcement will provide the correct means to gather the information and the TNC must respond either verbally or in writing within twenty four (24) hours. Ordinance No.____________ Page 11 of 12 K. Suspension or Revocation of TNC Permit of Registration and Appeal. (1) Suspension by Chief of Police. The Chief of Police may suspend or revoke any Permit issued under this ordinance (2) Notice. Suspension or revocation is effective upon delivery of written notice to the permit holder or by email, fax, hand delivery, regular mail or certified mail. (3) Criteria for Revocation or Suspension. A Permit may be revoked or suspended by the by the Chief of Police upon verification of any of the following: (a) A driver or operator has been convicted of a felony or other offense involving moral turpitude or any offense which may adversely affect the driver or operator’s ability to provide safe and reliable passenger transportation to the public. (b) The Permit was obtained based on information in an application in which any material fact was intentionally omitted or falsely stated. (c) The Permit Holder has violated or failed to comply with any of the provisions in this ordinance, any other City ordinance or federal or state law. (d) The Permit Holder has allowed required insurance to be canceled, withdrawn, terminated or to fall below the minimum limits of liability prescribed in this ordinance. (e) The Permit Holder is delinquent on any taxes owed to the City or fails to show financial ability to maintain services in compliance with this ordinance. (f) The Permit Holder has altered, or caused to be altered, the Permit. (g) Discontinuing operations more than ten (10) days. (4) Appeal. The Permit Holder shall have the right to appeal to the City Manager any revocation or suspension action from the Police Chief by delivering the written appeal to the City Secretary within ten (10) days after notice suspension or revocation is received. In the event the Permit Holder fails to deliver the appeal to the City Secretary within the time prescribed, the revocation or suspension by the Police Chief City is final. If the Permit holder timely delivers the notice to the City Secretary, then the City Manager or his designee, shall hear the appeal within twenty (20) days after the filing of the appeal with the City Secretary. City Manager or his designee’s decision is final Ordinance No.____________ Page 12 of 12 L. Offenses. (1) It shall be unlawful for any person, Permit Holder, driver or operator to solicit potential passengers for Transportation Network Services at, in or near any passenger depot, hotel, airport, bus stop or station, or upon any sidewalk or street or any other place in the City, or use any words or gestures that could be construed as soliciting a passenger for Transportation Network Services. (2) It shall be unlawful for any person to accept or respond to a passenger or potential passenger request for service by traditional street hail, including hand gestures and verbal statements. (3) It shall be unlawful for any person, driver or operator to provide their direct or personal phone number or email address to passengers or potential passengers to enable requests for Transportation Network Services. (4) It shall be unlawful for any person, driver or operator or Permit Holder to violate any part of this ordinance. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0736 Name:2016 Annual Council Calendar Status:Type:Presentation Consent Agenda File created:In control:12/1/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion regarding adoption of the 2016 Annual Council Calendar. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:2016 Council Meeting Calendar.pdf 2016 Council Meetings and Holidays-Year at a glance 3.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding adoption of the 2016 Annual Council Calendar. Relationship to Strategic Goals: N/A Recommendation(s): Staff recommends adoption of the Annual Calendar. Summary: The schedule lists the 2 nd and 4 th Thursdays for 2016 Council Meeting dates. Alternate dates will be provided for the Council if scheduling conflicts should arise. This schedule is provided to the public on the City's website. Budget & Financial Summary: None Attachments: 1. 2016 Council Meeting 2. 2016 Council Meeting and Holiday Calendar at a glance College Station, TX Printed on 12/7/2015Page 1 of 1 powered by Legistar™ 2016 CITY COUNCIL MEETING SCHEDULE Workshop Meetings Regular Meetings Thursday, January 14, 2016, 4:30 pm Thursday, January 14, 2016, 7:00 pm Thursday, January 28, 2016, 4:30 pm Thursday, January 28, 2016, 7:00 pm Thursday, February 11, 2016, 4:30 pm Thursday, February 11, 2016, 7:00 pm Thursday, February 25, 2016, 4:30 pm Thursday, February 25, 2016, 7:00 pm Thursday, March 10, 2016, 4:30 pm Thursday, March 10, 2016, 7:00 pm Thursday, March 24, 2016, 4:30 pm Thursday, March 24, 2016, 7:00 pm Thursday, April 14, 2016, 4:30 pm Thursday, April 14, 2016, 7:00 pm Thursday, April 28, 2016, 4:30 pm Thursday, April 28, 2016, 7:00 pm Thursday, May 12, 2016, 4:30 pm Thursday, May 12, 2016, 7:00 pm Thursday, May 26, 2016, 4:30 pm Thursday, May 26, 2016, 7:00 pm Thursday, June 9, 2016, 4:30 pm Thursday, June 9, 2016, 7:00 pm Thursday, June 23, 2016, 4:30 pm Thursday, June 23, 2016, 7:00 pm Thursday, July 14, 2016, 4:30 pm Thursday, July 14, 2016, 7:00 pm Thursday, July 28, 2016, 4:30 pm Thursday, July 28, 2016, 7:00 pm Thursday, August 11, 2016, 4:30 pm Thursday, August 11, 2016, 7:00 pm Thursday, August 25, 2016, 4:30 pm Thursday, August 25, 2016, 7:00 pm Thursday, Sept. 8, 2016, 4:30 pm Thursday, Sept. 8, 2016, 7:00 pm Thursday, Sept. 22, 2016, 4:30 pm Thursday, Sept. 22, 2016, 7:00 pm Thursday, October 13, 2016, 4:30 pm Thursday, October 13, 2016, 7:00 pm Thursday, October 27, 2016, 4:30 pm Thursday, October 27, 2016, 7:00 pm Thursday, November 10, 2016, 4:30 pm Thursday, November 10, 2016, 7:00 pm Monday, November 21, 2016, 4:30 pm Monday, November 21, 2016, 7:00 pm Thursday, December 8, 2016, 4:30 pm Thursday, December 8, 2016, 7:00 pm Council Retreat: Possible Conflicts: January 28-29 Texas City Management Association William “King” Cole Session I Austin February 18-20 TML Elected Officials' Conference Bastrop Mar. 31-April 1st Texas City Management Association William "King" Cole Session II Addison May 1-7 Tentative Chamber Washington Trip Washington June 9-12 Texas City Management Association Annual Conference South Padre Island Sept. 25-28 ICMA Annual Conference Kansas City, Missouri October 4-7 TML Annual Conference and Exhibition Austin *Expenses paid by the City will need to be determined by Mayor* 2016 COUNCIL CALENDAR 1 New Year’s Day (City Offices Closed) 14 Regular Meeting 18 M.L. King Jr. Day (City offices closed) 28 Regular Meeting 28-29 Texas City Mgt Assoc. JANUARY S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 Independence Day (City offices closed) 14 Regular Meeting 28 Regular Meeting 11 Regular Meeting 18-20 TML Elected Officials 25 Regular Meeting FEBRUARY S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AUGUST S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 Regular Meeting 25 Regular Meeting 10 Regular Meeting 24 Regular Meeting 25 Good Friday (City Offices Closed) 31-1 Texas City Mgt Assoc. II MARCH S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SEPTEMBER S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 5 Labor Day (City Offices Closed) 8 Regular Meeting 21 Regular Meeting 27-30 ICMA Annual Conference 31-1 Texas City Mgt Assoc. II 14 Regular Meeting 28 Regular Meeting APRIL S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OCTOBER S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4-7 TML Annual Conference 13 Regular Meeting 27 Regular Meeting 1-7 Chamber Washington 12 Regular Meeting 26 Regular Meeting 30 Memorial Day (City offices closed) MAY S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NOVEMBER S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 8 Election Day 10 Regular Meeting 21 Regular Meeting 24 -25 Thanksgiving (City Offices closed) 9 Regular Meeting 9-12 TX City Mgt Assoc Annual 25 Regular Meeting JUNE S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DECEMBER S M T W Th F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 Regular Meeting 24-25 Christmas (City Offices Closed) Blue=Regular Council Dates Mauve=Offices Closed Peach=Council Conferences City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0721 Name:Student Liaison Status:Type:Resolution Consent Agenda File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Presentation, possible action, and discussion of a resolution formalizing the position of Student Liaison to the City Council; an declaring an effective date. Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:RESOLUTION NO.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of a resolution formalizing the position of Student Liaison to the City Council; an declaring an effective date. Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: Wayne Beckermann, Vice President of Municipal Affairs, and current Student Liaison to the City Council, requested that we formalize the Student Liaison position. The position is designed to ensure continuity and sustained partnership between the City of College Station and the Texas A&M University Student Body. As students graduate and councilmembers transition, it is of the utmost importance to retain and strengthen productive lines of communication; this position facilitates the accomplishment of those objectives. Specifically, the Student Liaison advocates for students in an organized manner and translates the perspectives of the College Station City Council to the student body. Budget & Financial Summary: None Attachments: * Draft resolution College Station, TX Printed on 12/7/2015Page 1 of 1 powered by Legistar™ RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, FORMALIZING THE POSITION OF STUDENT LIAISON TO THE CITY COUNCIL; AND DECLARING AN EFFECTIVE DATE WHEREAS, the position of City of College Station Student Liaison is designed to ensure continuity and sustained partnership between the City of College Station and the Texas A&M University Student Body; and WHEREAS, the City Council recognizes that a broad array of issues exist concerning the City, University students, and the University as an institution, such as City ordinances, traffic issues, neighborhood integrity, parking, spending, and expansion of the University and the City; and WHEREAS, the City Council recognizes that greater communication between University Students and the City Council would help address these issues, resolve conflicts, and provide a forum for discussion; and WHEREAS, the establishment of a position of Student Liaison to the City Council would contribute to establishing such communication, formulating fair, constructive, and acceptable solutions, and nurturing the student-to-City relationship; and WHEREAS, the Student Government Association is the representative student organization directly elected by the student body of Texas A&M University in College Station, Texas, and is responsible for representing student opinion, addressing campus needs through targeted programming, maintaining tradition, and providing opportunities for leadership development; and WHEREAS, the Student Body President, as the duly elected representative and advocate for the Texas A&M University student body, is responsible for implementing Student Senate legislation and coordinating the activities of the Student Government Association, and shall solicit applicants for appointment to the next regular term of the position of City of College Station Student Representative. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby formally establishes the official position of “Student Liaison to the City Council”. PART 2: That the Student Body President is authorized to promulgate application forms, recruit applicants, and accept applications for qualified University students to serve as the Student Liaison to the City Council, and from among the applications received, the Student Body President will select an applicant for the position. The applicant must then be duly confirmed by a two-thirds vote in the Student Senate. PART 3: That the Student Liaison to the City Council will be permitted to attend the public portion of all City Council meetings, with the opportunity to comment on matters before the Council, but having no vote, and the Student Liaison shall have a seat at the Council dais. PART 4: That the Student Liaison to the City Council will be a representative of the Student Government Association and must speak and act in this capacity and not on behalf of the Student Liaison’s own personal preferences or opinions. PART 5: That on the occasions or during periods of time that the appointed Student Liaison is not available, a designee may be appointed to ensure continuity, in a manner determined by the Student Government Association. PART 6: That it is the assumed responsibility of the Student Liaison to serve as an active liaison between Student Government Association and the City Council by providing regular updates to each body on actions that each has taken or may take. Opportunities for members of one body to engage with the other are also facilitated by the Student Liaison. PART 7: That the Student Liaison to the City Council may be removed from the position by the Student Government Association in a manner determined by the Student Government Association. In the case of removal of the Student Liaison to the City Council, the Student Government Association will appoint a new Student Liaison. PART 8: That service as Student Liaison to the City Council is a privilege and not a right. The City Council may request that the Student Government Association remove the Student Liaison to the City Council. Any such request will be in writing and supported by good cause. Pending a decision on such a request, the City Council may suspend the Student Liaison from the privilege of attending City Council meetings in that capacity. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 10th day of December, 2015. ATTEST: APPROVED: __________________________________ ______________________________ City Secretary Mayor APPROVED: __________________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0732 Name:PUE Abandonment – 600 First Street Status:Type:Ordinance Agenda Ready File created:In control:11/25/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning two public utility easements located at 600 First Street: a 10-foot wide, 0.05 acre public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas and a 10-foot wide, 0.06 acre public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas. Sponsors:Erika Bridges Indexes: Code sections: Attachments:Vicinity Map Location Map Ordinance Exhibit A Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning two public utility easements located at 600 First Street: a 10-foot wide, 0.05 acre public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas and a 10-foot wide, 0.06 acre public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the ordinance. Summary:The easement abandonments accommodate future development of the subject property in accordance with the proposed multi-family development site plan. The City has received a temporary blanket easement for the entire site which will continue to provide sufficient access to public and private utilities until infrastructure is removed and relocated at the owners’ expense and a new public utility easement is granted with the future site development if needed. The 10-foot wide public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas is 0.05 of an acre situated in the J.E. Scott Survey, Abstract No.50, Brazos County, Texas and being part of the unnumbered portion of Block 15 of the W.C. Boyett Estate College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0732,Version:1 Partition according to the plat recoded in Volume 100, Page 441 of the Deed of Records of Brazos County, Texas. The 10-foot wide public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas is 0.06 of an acre situated in the J.E. Scott Survey, Abstract No.50, Brazos County, Texas and being part of Lots 1, 2, 3, 4 & 5 of the W.C. Boyett Estate Partition according to the plat recoded in Volume 100, Page 440 of the Deed of Records of Brazos County, Texas. Reviewed and Approved by Legal: Yes Budget & Financial Summary: N/A Attachments: 1.Vicinity Map 2.Location Map 3.Ordinance 4.Exhibit "A" College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ Proposed 0.06 Ac. PUE Abandonment Proposed 0.05 Ac. PUE Abandonment C OLLE G E M AIN COLLEGE MAIN FIRST STREET BOYETT STREET SECOND STREET BOYETT STREETCHERRYSTREETBOYETT STREETSPRUCESTREET LOUISEAVENUEMAPLEAVENUEFIRST STREET FIR ST ST R E ET CHERRYSTREETBOYETT STREETSPRUCESTREETW ELLB O R N R O A D N O R T H Vicinity Map G!. G!. ! ! ! ! !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 Proposed 0.06 Ac. PUE Abandonment Proposed 0.05 Ac. PUE Abandonment FIRST STREET BOYETT STREET SPRUCESTREETBOYETT STREET FIRST STREET SPRUCESTREETW ELLB O R N R O A D N O R T H 10"8" 6"6"6"15"6"6"2"6" 6"6"2" 2"6"2" 18"16"6"16"Location Map ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 10-FOOT, 0.05 ACRE PUBLIC UTILITY EASEMENT AND A 10-FOOT, 0.06 ACRE PUBLIC UTILITY EASEMENT LOCATED AT 600 FIRST STREET BETWEEN WELLBORN ROAD AND BOYETT STREET. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 10-foot, 0.05 acre public utility easement and a 10-foot, 0.06 acre public utility easement located at 600 First Street between Wellborn Road and Boyett Street. The 10-foot wide public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas is 0.05 of one acre situated in the J.E. Scott Survey, Abstract No.50, Brazos County, Texas and being part of the unnumbered portion of Block 15 of the W.C. Boyett Estate Partition according to the plat recoded in Volume 100, Page 441 of the Deed of Records of Brazos County, Texas. The 10-foot wide public utility easement recorded in Volume 474, Page 383 of the Deed Records of Brazos County, Texas is 0.06 of one acre situated in the J.E. Scott Survey, Abstract No.50, Brazos County, Texas and being part of Lots 1, 2, 3, 4 & 5 of the W.C. Boyett Estate Partition according to the plat recoded in Volume 100, Page 440 of the Deed of Records of Brazos County, Texas as described in Exhibit “A” attached hereto (such portions collectively hereinafter referred to as the “Easements”); and. WHEREAS, the Easements described above contain public utilities that will be removed and relocated and a temporary blanket easement to allow the City access to same; and WHEREAS, in order for the Easements to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easements in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the easements will not result in property that does not have access to public roadways or utilities; Ordinance No. ____________ Page 2 of 2 2. There is no public need or use for the Easements; 3. There is no anticipated future public need or use for the Easements; 4. Abandonment of the Easements will not impact access for all public utilities to serve current and future customers; PART 2: That the Easements described above and in Exhibit “A” attached hereto, be abandoned only upon completion of the following condition: 1. That the Applicant shall, upon completion of the removal and relocation of utilities at the owners’ expense, convey by separate instrument or plat to the City a public utility easement in a form acceptable to the City if necessary. PASSED, ADOPTED and APPROVED this 10th day of December, 2015. APPROVED: ____________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0724 Name:410 William D. Fitch Parkway-Rezoning Status:Type:Rezoning Agenda Ready File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance 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 PDD Planned Development District to PDD Planned Development District to amend the concept plan and the proposed uses for approximately 4.56 acres being Lot 1 Block 11 of the Barron Crossing Subdivision, generally located at 410 William D. Fitch Parkway, more generally located south of William D. Fitch Parkway between Barron Road and Victoria Avenue. Case #REZ2015-000023 Sponsors:Mark Bombek Indexes: Code sections: Attachments:Aerial and Small Area Map Background Information Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance 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 PDD Planned Development District to PDD Planned Development District to amend the concept plan and the proposed uses for approximately 4.56 acres being Lot 1 Block 11 of the Barron Crossing Subdivision, generally located at 410 William D. Fitch Parkway, more generally located south of William D. Fitch Parkway between Barron Road and Victoria Avenue. Case #REZ2015-000023 Relationship to Strategic Goals: ·Diverse Growing Economy Recommendation(s):The Planning and Zoning Commission will consider this item at their December 3, 2015 meeting. The Commission’s recommendation will be provided during the presentation of this item. Staff is recommending approval of the request. Summary: This request is to rezone the subject property from PDD Planned Development District to PDD Planned Development District to amend the concept plan and proposed uses. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject lot is designated Restricted Suburban on the Comprehensive Plan Future Land Use and Character Map and is also located in College Station, TX Printed on 12/7/2015Page 1 of 4 powered by Legistar™ File #:15-0724,Version:1 Growth Area IV. In general, growth areas are located in greenfields and are intended to allow land use flexibility when coupled with higher design standards. Growth Area IV is intended for less intense suburban activities and cluster development may be utilized when a large portion (15% or more) of the overall area is retained for open space. In addition, suburban commercial and townhouse uses are permitted in planned developments of at least 30 acres. The proposed development is consistent with the allowable land uses for Growth Area IV and also with surrounding land use designations. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The existing PDD enables the development of suburban commercial uses that will be located in the Barron Crossing Subdivision, closer to Barron Road, and will provide a transition for the existing residential areas to William D. Fitch Parkway. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment:The proposed land uses permitted through this PDD is SC Suburban Commercial with the addition of self-storage facilities which is a use not permitted in the standard SC Suburban Commercial Zoning District due to the use being more intense in nature as well as a use that is more serving of a larger community or region as opposed to a nearby neighborhood. SC Suburban Commercial zoning is intended for neighborhood-oriented commercial uses that will have residential-style architecture. The Suburban Commercial zoning district, along with the residential uses, are suitable adjacent to single-family and appropriate given the close proximity of William D. Fitch Parkway and the future W.S. Phillips Parkway. The applicant feels the request to add self-storage facilities coupled with the additional non-residential architectural standards, buffering, and landscaping standards is suitable for this area given the growing single-family development occurring in the area and the lack or self-storage facilities to serve south College Station. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is currently zoned PDD Planned Development District. The current zoning district is suitable for the property given the similar zonings and uses of nearby property. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property can currently be marketed under the existing PDD Planned Development District zoning. However, the applicant has stated, “the property can be marketed for such uses, but it is also tied to the approved concept plan which is very limiting for new proposed developments on this site.” 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: There is an existing 12-inch water main to the northwest on Barron Cut-Off Road, which will need to be extended to and through the property to provide water service. There is also an existing 8-inch sanitary sewer main traversing the lot that currently has adequate capacity in the downstream system to accommodate the proposed use. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing infrastructure appears to be adequate for the proposed use at this time. Access to the site will be available via Barron Cut-Off Road. College Station, TX Printed on 12/7/2015Page 2 of 4 powered by Legistar™ File #:15-0724,Version:1 REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1.The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2.The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3.The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4.Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5.The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6.The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7.The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. General: The proposed Concept Plan includes uses permitted through SC Suburban Commercial with the addition of self-storage facilities as a permitted use. The development will follow all requirements of SC Suburban Commercial zoning district with buildings ranging in sizes from 9,600 square feet up to 14,500 square feet. Permitted Uses: •Self-Storage facilities •Uses permitted under SC Suburban Commercial zoning Base Zoning and Meritorious Modifications At the time of site plan, the project will need to meet all applicable site development standards and platting requirements of the Unified Development Ordinance for the SC Suburban Commercial zoning, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following meritorious modification: 1.Allowing Self-Storage facilities as a permitted use. The applicant provided the following College Station, TX Printed on 12/7/2015Page 3 of 4 powered by Legistar™ File #:15-0724,Version:1 statement as their reasoning to show the use’s appropriateness; “Currently, self-storage uses are only permitted in GC General Commercial, CI Commercial Industrial and BPI Business Park Industrial. We believe that self-storage is a use that is appropriate for the SC Suburban Commercial district as it fits within the description of the district, which “is intended to provide low-density commercial uses that provide services to nearby neighborhoods” as stated in the Unified Development Ordinance.” Community Benefits The applicant has listed the following as community benefits proposed by the development that will offset the modifications requested under the PDD Planned Development District; 1.Due to the low utility demands of a self-storage facility, this development is allowing the city to reserve more wastewater capacity in an impact fee area than what would be required for another use in the Suburban Commercial district. 2.This self-storage facility will permit business activities between 9:00 am and 6:00 pm. After these business hours, the site will operate on reduced lighting and restrict access to its tenants, eliminating traffic, noise and other nuisances to the surrounding residences in the evenings. This modern storage business will provide a very quiet, buffer-like use that limits access only to tenants, generates minimal traffic impact, and provides a quiet, and attractive aesthetic along the major corridors. Such a use adds distinct benefit to other nearby uses, serving as insulator between low-impact residential and higher impact retail-type uses. Budget & Financial Summary: N/A Attachments: 1.Background Information 2.Aerial & Small Area Map 3.Ordinance College Station, TX Printed on 12/7/2015Page 4 of 4 powered by Legistar™ BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: December 3, 2015 Advertised Council Hearing Date: December 10, 2015 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Westminster HOA Property owner notices mailed: 6 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (Across William D. Fitch Pkwy) General Suburban GS General Suburban Single-Family South (Across W.S. Philips Pkwy) Estate R Rural Single-Family East (Across new Barron Cut-off Road) Restricted Suburban PDD Planned Development District Townhomes West Suburban Commercial and Restricted Suburban C-3 Light Commercial vacant DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agricultural Open upon annexation renamed R Rural in 2013; R-1 Single-Family Residential in 2008; PDD Planned Development District in 2013 Final Plat: 2015 Site development: Vacant ORDINANCE NO. _____ AN ORDINANCE 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 PDD PLANNED DEVELOPMENT DISTRICT TO PDD PLANNED DEVELOPMENT DISTRICT TO AMEND THE CONCEPT PLAN AND THE PROPOSED USES FOR APPROXIMATELY 4.56 ACRES BEING LOT 1 BLOCK 11 OF THE BARRON CROSSING SUBDIVISION, GENERALLY LOCATED AT 410 WILLIAM D. FITCH PARKWAY BETWEEN BARRON ROAD AND VICTORIA AVENUE; 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 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B”, and as shown graphically in Exhibit “C”, Exhibit “D”, 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 pass age by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 10th day of December, 2015. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Ordinance No.____________ Page 2 of 5 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District to PDD Planned Development District: Barron Crossing Subdivision Lot 1, Block 11. Ordinance No.____________ Page 3 of 5 EXHIBIT “B” General Notes: The base zoning districts and land uses for this property are as follows: 1. Use – UDO Section 12-6.3.C “Use Table”: The SC Suburban Commercial District is the base district for uses for the development with Self-Storage Facilities being added as a permitted use. Community Benefits and Additional Enhancements The following community benefits, additional enhancements or improvements have been identified: 1. Due to the low utility demands of a self-storage facility, this development is allowing the city to reserve more wastewater capacity in an impact fee area than what would be required for another use in the Suburban Commercial district. 2. This self-storage facility will permit business activities between 9:00 am and 6:00 pm. After these business hours, the site will operate on reduced lighting and restrict access to its tenants, eliminating traffic, noise and other nuisances to the surrounding residences in the evenings. This modern storage business will provide a very quiet, buffer-like use that limits access only to tenants, generates minimal traffic impact, and provides a quiet, and attractive aesthetic along the major corridors. Such a use adds distinct benefit to other nearby uses, serving as insulator between low-impact residential and higher impact retail- type uses. Ordinance No.____________ Page 4 of 5 EXHIBIT “C” – Concept Plan Ordinance No.____________ Page 5 of 5 EXHIBIT “D” – Small Area Map City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0723 Name:3702 State Highway 6 S- Rezoning Status:Type:Rezoning Agenda Ready File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance 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 CI Commercial Industrial to GC General Commercial for approximately 0.964 acres being Lot 3, Block 19 of the Ponderosa Place Subdivision Phase 1, generally located at 3702 State Highway 6 South, more generally located west of State Highway 6 South and between Ponderosa Drive and Pinon Drive. Case # REZ2015-000029 Sponsors:Mark Bombek Indexes: Code sections: Attachments:Aerial and Small Area Map Background Information Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance 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 CI Commercial Industrial to GC General Commercial for approximately 0.964 acres being Lot 3, Block 19 of the Ponderosa Place Subdivision Phase 1, generally located at 3702 State Highway 6 South, more generally located west of State Highway 6 South and between Ponderosa Drive and Pinon Drive. Case # REZ2015-000029 Relationship to Strategic Goals: ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item at their November 19, 2015 meeting and voted 5-0 to recommended approval. Staff also recommends approval. Summary: This request is to rezone the subject property from CI Commercial Industrial to GC General Commercial. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The Future Land Use and Character designation on the property is General Commercial. Generally, this land use designation is identified in areas for concentration of commercial activities that serve nearby residents as well as the larger regional community. The proposed GC General Commercial rezoning request is College Station, TX Printed on 12/7/2015Page 1 of 3 powered by Legistar™ File #:15-0723,Version:1 consistent with the Comprehensive Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood:The adjacent land uses are made up of various General Commercial and Commercial Industrial uses ranging from hotels, retail sales, office, and warehouse/ distribution centers. The character of the proposed development is compatible with the existing surrounding uses of the area. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The rezoning request is for a GC General Commercial land use. Under the current zoning of CI Commercial Industrial, the present land use as a hotel is nonconforming. Amending the zoning increases the suitability of the property given its present and proposed use. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is currently zoned CI Commercial Industrial providing opportunities for providing services primarily to other commercial or industrial enterprises as well as a very limited segment of the general public. The surrounding area is currently developed or used in a similar manner. However, the subject property is currently being used as a hotel and is planned to redevelop as a separate hotel site. Given its current state, the existing Commercial Industrial zoning is limiting the suitability of the property. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: While the property could be marketed as Commercial Industrial, the present and proposed use of the property would generate a higher level of marketability as the use is not permitted under the CI Commercial Industrial district, but is permitted under GC General Commercial. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Water service will be provided by the City of College Station via existing 12- inch main along Pinon Drive or 6- inch main along Ponderosa Drive. Sanitary Sewer service will be provided by the City of College Station via existing 8- inch main running through the tract. The subject tract is in the Bee creek drainage basin. Subject tract may need to detain any additional impervious that will be determined during the site plan. Subject tract has access off Pinon Drive, a local Street, and Ponderosa Drive, a minor collector. Drainage and other public infrastructure required with the site shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Existing infrastructure appears to currently have capacity to adequately serve the proposed use. Budget & Financial Summary: N/A Attachments: 1.Background Information College Station, TX Printed on 12/7/2015Page 2 of 3 powered by Legistar™ File #:15-0723,Version:1 2.Aerial & Small Area Map 3.Ordinance College Station, TX Printed on 12/7/2015Page 3 of 3 powered by Legistar™ BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: November 19, 2015 Advertised Council Hearing Dates: December 10, 2015 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: N/A Contacts in support: None Contacts in opposition: None Inquiry contacts: One ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (across Ponderosa Drive) General Commercial GC General Commercial Hotel South (across Pinon Drive) General Commercial CI Commercial Industrial Retail Sales East General Commercial GC General Commercial Hotel West Business Park CI Commercial Industrial Warehousing/ Distribution DEVELOPMENT HISTORY Annexation: 1974 Zoning: A-O Agricultural Open (upon annexation), C-2 Commercial- Industrial District (1974) renamed CI Commercial Industrial (2013) Final Plat: Ponderosa Place Phase 1 Lot 3, Block 19 Site development: Hotel ORDINANCE NO. _____ AN ORDINANCE 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 CI COMMERCIAL INDUSTRIAL TO GC GENERAL COMMERCIAL FOR THE PROPERTY BEING THE PONDEROSA PLACE SUBDIVISION PHASE 1, LOT 3, BLOCK 19, ACCORDING TO THE PLAT RECORDED IN VOLUME 490, PAGE 169 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS LOCATED AT 3702 STATE HIGHWAY 6 SOUTH AND BEING MORE GENERALLY LOCATED WEST OF STATE HIGHWAY 6 SOUTH AND BETWEEN PONDEROSA DRIVE AND PINON DRIVE; 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 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and as shown graphically in Exhibit “B”, 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 10th day of December, 2015. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Ordinance No._________ Page 2 of 3 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property, is rezoned from CI Commercial Industrial to GC General Commercial: Ponderosa Place Subdivision Phase 1, Lot 3, Block 19, according to the plat recorded in Volume 490, Page 169 of the Official Public Records of Brazos County, Texas Ordinance No._________ Page 3 of 3 EXHIBIT “B” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0709 Name:Adoption of 2015 International Codes and 2014 National Electrical Code Status:Type:Ordinance Agenda Ready File created:In control:11/23/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion on an ordinance amending Chapter 3, “Building Regulations” of the Code of Ordinances of the City of College Station, Texas, adopting the 2015 International Building Code, the 2014 National Electrical Code (NEC), and related amendments. Sponsors:Brian Binford Indexes: Code sections: Attachments:Summary of changes Ordinance Action ByDate Action ResultVer. Public Hearing,presentation,possible action,and discussion on an ordinance amending Chapter 3, “Building Regulations”of the Code of Ordinances of the City of College Station,Texas,adopting the 2015 International Building Code,the 2014 National Electrical Code (NEC),and related amendments. Relationship to Strategic Goals: (Select all that apply) ·Good Governance ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Sustainable City Recommendation(s):The Construction Board of Adjustment and Appeals reviewed the International codes at a series of public meetings during September and October and recommended approval of the codes and related amendments. Staff also recommends approval. Summary: This ordinance adopts the latest edition of the International Codes (I-Codes) for use in College Station. The City of College Station currently uses the 2012 edition of the I-Codes and the 2011 edition of the National Electric Code (NEC). The International Code Council and National Fire Protection Association issues updated codes every three years. The changes included in the latest codes help clarify intent, improve energy efficiency, and strengthen requirements designed to safeguard the public health, safety, and general welfare. In addition to the Construction Board public hearings, staff presented an overview of the changes contained in the International Residential Code to representatives of the Greater Brazos Valley College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0709,Version:1 Builders Association (formally known as the Homebuilders Association). Staff also provided an overview of changes contained in the International Building Code to the local AIA Brazos chapter. Reviewed and Approved by Legal: Yes Budget & Financial Summary: N/A Attachments: 1.Summary of Changes 2.Ordinance College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 3, “BUILDING REGULATIONS”, SECTION 3-6, “INTERNATIONAL BUILDING CODE ADOPTED”, AND SECTION 3-7, “NATIONAL ELECTRICAL CODE ADOPTED”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, 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 3, “Building Regulations,” 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. PART 4: That this ordinance shall become effective on 1 January 2016. PASSED, ADOPTED and APPROVED this 10th day of December, 2015. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO.______________ Page 2 of 36 EXHIBIT A That Chapter 3, “Building Regulations”, Section 3-6, “International Building Code adopted”, and Section 3-7, “National Electrical Code adopted”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: SEC. 3-6. - INTERNATIONAL BUILDING CODE ADOPTED A booklet entitled 'International Building Code, 2015 Edition' as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Building Code of the City of College Station, Texas. INTERNATIONAL BUILDING CODE ADOPTED A. The above referenced International Building Code is hereby amended as follows: 1. Section 105 (PERMITS) is amended by adding Section [A] 105.1.3 to read as follows: [A] 105.1.3 Registration of Contractors. It shall be the duty of every individual who makes contracts to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install enlarge, alter, repair, remove, convert or replace an y electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, and every individual making such contracts and subletting the same or any part thereof, to first register with the Building Official, giving full name, residence, name and place of business, and in case of removal from one place to another to have made corresponding change to the Building Official. Exception: Homeowner permits as provided per local amendment by added Section R105.2.4, International Residential Code. Plumbing Contractors - Plumbing contractors shall be licensed as prescribed by the State of Texas and shall register their license with the City of College Station before a plumbing permit is issued by the City. Air Conditioning, Refrigeration and Heating Contractors - Air Conditioning, Refrigeration and Heating Contractors shall be licensed by the State of Texas and shall register their license with the City of College Station before a mechanical permit is issued by the City. Licensed Irrigators - Irrigation Contractors shall be licensed Irrigators by the State of Texas shall register their license with the City of College Station before a lawn irrigation permit is issued by the City. Electrical Contractors - Electrical Contractors shall be licensed by the State shall register their license with the City of College Station before an electrical permit is issued by the City. ORDINANCE NO.______________ Page 3 of 36 Electrical Sign Contractors – Electrical Sign Contractors shall be licensed by the State shall register their license with the City of College Station before a permit is issued. Before any license is registered with the City, the applicant shall have adequate insurance coverage for general liability as provided for by State la w for the respective trade. 2. Section [A] 105.2 (work exempt from permit) is amended by deleting item #2 under “Building” and replacing with the following: “2. Fences of wood, chain link, or similar material, and less than eight feet in height, and walls of brick, stone, concrete, or similar material, and less than six feet in height, shall not be construed to be a structure, nor shall they require a building permit. 3. Section [A] 105.2 (Work exempt from permit) is amended by adding the following under “Electrical”: “Replacing Fuses: No permit shall be required for replacing fuses of like rating. Replacing Flush or Snap Switches: No permit shall be required for replacing flush or snap switches, receptacles, lamp sockets, the installation of lamps, or minor repairs on permanently connected electrical appliances. Conveying Signals: No permit shall be required for the installation, main tenance or alteration of wiring, poles and down guys, apparatus, devices, appliances or equipment for telegraph, telephone, signal service or central station protective service used in conveying signals or intelligence, except where electrical work is done on the primary side of the source of power at a voltage over 50 volts and of more than 500 watts. Wiring by Electric Public Service Company: No permit shall be required for the installation, maintenance or alteration of electric wiring, apparatus devices, appliances or equipment to be installed by an electric public service company for the use of such company in the generation, transmission, distribution, sale or utilization of electrical energy. However, an electric public service company shall not do any wiring on a customer's distribution system, including metering equipment wherever located and transformer vaults in which customer's transformers are located, nor shall any of its em ployees do any work other than done for said company as hereinbefore provided for by virtue of this exception. Temporary Wiring: No permit shall be required for the installation of temporary wiring, apparatus, devices, appliances or equipment used by a recognized electrical training school or college. Railway Crossing Signal Devices: No permit shall be required for the installation and maintenance of railway crossing signal devices, when such is performed by due authority of the railroad and in accordance with the standards ORDINANCE NO.______________ Page 4 of 36 of the American Railroad Association, and in collaboration with and approval of the Department of Public Services of the City of College Station. 4. Section [A] 107.1 (General) is amended to include the following at the end of the section and before the exception: “The design professional shall be an architect or engineer legally registered and in com pliance under the laws of Texas and shall affix his official seal to the construction documents for the following: “1. All group A, E and I occupancies. 2. Building and structures three or more stories in height 3. Buildings and structures 5,000 square feet or more in total area Exception: Group R-3 buildings, regardless of size” 5. Section [A] 109.4 (Work commencing before permit issuance) is amended by deleting the existing text in its entirety and replacing it with the following: “Any person who commences any work on a building, structure electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a penalty of 100% of the usual fee in addition to the required permit fees.” 6. Section [A] 109.6 (Refunds) is amended by deleting the existing text in its entirety and replacing it with the following: “The City Manager or his designee is authorized to establish a refund policy.” 7. Section [A] 110.3.1 (Footing and foundation inspection) is amended by adding the following to the end of said section: “The Building Official shall have the authority to require a form survey to verify building setbacks. Such survey shall be provided to the Building Official prior to placement of concrete and prepared by a surveyor licensed to perform work in the State of Texas.” 8. Section [A] 110.3.5 (Lath, gypsum board and gypsum panel product inspection) is amended by deleting the section in its entirety. 9. Section [A] 111.2 (Certificate issued) is amended by deleting items number 4, 5, 7, 10, and 11. 10. Section [A] 113 (Board of Appeals) is amended by deleting the section in its entirety. 11. Section [A] 116.1 (Conditions) is amended by deleting the sentence, “Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section.” and replacing it with the following: “Unsafe structures shall be taken down, removed or made safe as provided for in Section 1 (C), Chapter 3, Code of Ordinances.” 12. Section 202 (DEFINITIONS) is amended by deleting the Townhouse definition and replacing it with the following: ORDINANCE NO.______________ Page 5 of 36 “Townhouse. A single family dwelling unit constructed in a group of attached units separated by property lines in which each unit extend from foundation to roof and with open space on at least two sides.” 13. Section 303.1 (Assembly Group A) is amended by adding “tutorial services” under A-3. 14. Section 501.2 (Address identification) is amended by deleting the existing text in its entirety and replacing it with the following: “501.2 Address identification. An official address, assigned by the Building Official or his designee, shall be provided and placed pursuant to this section in such a position as to be clearly visible from the public street or roadway fronting the property. Addresses placed pursuant to this section shall be a minimum four (4) inches in height and stroke of minimum one-half (1/2) inch, composed of a durable material and of a color that provides a contrast to the background itself. The official address shall be placed a minimum of thirty-six (36) inches and a maximum of thirty (30) feet in height measured from the ground level. Buildings or structures located more than fifty (50) feet from the street curb shall have an official address at least five (5) inches in height. Durable materials used for the official address shall include, but not be limited to, wood, plastic, metal, weather resistant paint, weather resistant vinyl, or weather resistant material designed for outside use on a glass surface. For single family residences, the requirement of this section may be met by providing a minimum of two (2) inch high numbers on both sides of a U. S. mailbox located near the curb in front of the house, or a freestanding structure with numbers at least four (4) inches in height. A building complex composed of multiple structures or dwellings shall have an official suite or unit number assigned to each building, suite or tenant as well as a street address number. If there is sufficient street frontage, each building, suite or tenant may also be assigned an official street address number. The official street address number of each structure must be prominently posted on the building so that it is visible from the nearest public street or designated fire lane. Each number designated by the Building Official, or his designee, for each individual suite or unit must be conspicuously posted on each suite or unit. Commercial buildings with side or rear access in addition to the main entrance, shall also display the business name and official address on each side or rear door with characters at least two (2) inches in height. Residential structures which provide for rear ve hicular access from a dedicated public alley, street or designated fire lane shall conspicuously post an official address at least two (2) inches in height so that it is visible from the public alley, street or designated fire lane. The owner or manager of a building complex, which contains an enclosed shopping mall, shall submit to the Fire Official four (4) copies of diagrams acceptable to the Fire Marshal of the entire complex, indicating the location and number of each business. When a change in a business name or location is made, the owner or manager shall so advise the Fire Marshal in writing of the change. When required by the Fire Code Official, address numbers shall be provided in additional approved locations to facilitate emergency response.” 15. Table 803.11 (Interior Wall And Ceiling Finish Requirements By Occupancy) is amended by deleting the existing text in footnote “d” and replacing it with the following: ORDINANCE NO.______________ Page 6 of 36 “Class A interior finish material shall be required in all areas of all assembly occupancies, whether sprinklered or not, except as provided for in notes e and f below.” 16. Section [F] 903.1 (General) is amended by adding the following text at the end of said section: “For the purposes of this section, the term ‘fire area’ shall be replaced with ‘building area’.” 17. Section [F] 903.2 (Where required) is amended by adding the following text at the end of said section: “In addition to the requirements of this section, an automatic sprinkler system shall be provided throughout all new buildings and structures as follows: 1. Where the total building area exceeds 12,000 square feet in area. 2. Where the height exceeds two stories, regardless of area.” 18. Section [F] 903.2.1.6 (Assembly occupancies on roofs) is amended by deleting the exception in its entirety. 19. Section [F] 903.2.3 (Group E) is amended by deleting the exception in its entirety. 20. Section [F] 903.2.4 (Group F-1) is amended by deleting the text in item “2” and “3”. 21. Section [F] 903.2.7 (Group M) is amended by replacing “three stories above grade” with “two stories above grade” in item “2” and by replacing “24,000 square feet” with “12,000 square feet” in item “3”. 22. Section [F] 903.2.8 (Group R) is amended by deleting the section in its entiret y. 23. Section [F] 903.2.9 (Group S-1) is amended by replacing “three stories above grade” with “two stories above grade” in item “2” and by replacing “24,000 square feet” with “12,000 square feet” in item “3”. 24. Section [F] 903.2.10 (Group S-2 enclosed parking garages) is amended by deleting the exception in its entirety. 25. Section [F] 907.5.2.3.1 (Public use areas and common use areas) is amended by deleting the exception in its entirety. 26. Section 907 (FIRE ALARM AND DETECTION SYSTEMS) is amended by adding Section [F] 907.5.2.3.1.1 to read as follows: Section [F] 907.5.2.3.1.1 (Employee work areas) “Where a fire alarm and detection system is required, employee work areas shall be provided with devices that provide audible and visible alarm notification.” 27. Section 912 (FIRE DEPARTMENT CONNECTIONS) is amended by adding Section [F] 912.2.3 to read as follows: Section [F] 912.2.3 (Distance) ORDINANCE NO.______________ Page 7 of 36 “Fire department connection shall not be located further than 100 feet from the fi re hydrant measured by lay of hose from the engine.” 28. Section 1004.2 (Increased occupant load) is amended by deleting the section in its entirety. 29. Section 1004.3 (Posting of occupant load) is amended by adding the following text to the end of said section: “For the purposes of this section, the occupant load shall be the number of occupants computed at the rate of one occupant per unit of area a s prescribed in Table 1004.1.2.” 30. Section 1612.3 (Establishment of flood hazard areas) is amended by inserting “Brazos County” for name of jurisdiction and “July 2, 1992 or February 9, 2000” for the date of issuance. 31. Section 1907 (MINIMUM SLAB PROVISIONS) is amended by adding Section 1907.2 to read as follows: “1907.2 Minimum foundation standard. All slabs-on-grade with turned-down footings shall comply with the Minimum Foundation Standard as shown in figure 1.” ORDINANCE NO.______________ Page 8 of 36 ORDINANCE NO.______________ Page 9 of 36 32. APPENDIX D (FIRE DISTRICTS) is hereby adopted. AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE B. The International Residential Code adopted by reference in Section [A] 101.2, 2015 International Building Code, is hereby amended as follows: 1. Section R102.4 (Referenced codes and standards) is amended by adding the following to said section: “Any reference to the ICC Electrical Code shall mean the National Electrical Code, as adopted and amended by the City of College Station.” 2. Section R105.2 (Work exempt from permit) is amended by deleting number one under “Building” and replacing it with the following: “1. One detached accessory structure per residential lot, provided the floor area does not exceed 120 square feet and the structure complies with all of the following: a. The accessory structure is not located in a surface drainage easement. b. The accessory structure is not permanently affixed to the ground. c. The accessory structure is located in the rear yard. d. The accessory structure is not provided with utilities (sewer, water, gas or electricity).” 3. Section R105.2 under Building is amended by deleting the section in its entirety and replacing with the following: “10. Uncovered decks, patios or other raised floor surfaces located not more than 30 inches above adjacent grade and are not attached to a dwelling.” 4. Section R105.2.4 is added to read as follows: “R105.2.4 Homeowner permit. A property owner may obtain a building permit to perform work on a building owned and occupied by him as his homestead without registering with the City as a contractor. However, work involving the electrical, plumbing and mechanical systems must be permitted and installed by licensed contractors.” 5. Section R106.3.1 (Approval of construction documents) is amended by deleting the last sentence in said section. 6. Section R108.3 (Building permit valuations) is amended by adding the following to said section: “If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final permit valuation shall be set by the building official.” 7. Section R108.5 (Refunds) is amended by deleting the text in said section and replacing it with the following: “The City Manager or his designee is authorized to establish a refund policy.” 8. Section R109.1.1 (Foundation inspection) is amended by adding the following to the end of said section: ORDINANCE NO.______________ Page 10 of 36 “The Building Official shall have the authority to require a form survey to verify building setbacks. Such survey shall be provided to the Building Official prior to placement of concrete and prepared by a surveyor licensed to perform work in the State of Texas.” 9. Section R112 (BOARD OF APPEALS) is amended by deleting the section in its entirety. 10. Section R202 (DEFINTIONS) is amended by adding the following definitions: Air Gap, Irrigation System. A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. Atmospheric Vacuum Breaker. An assembly containing an air inlet valve, a check seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against back-siphonage. At the same time it opens the air inlet port allowing air to enter and satisfy the vacuum. Also known as an Atmospheric Vacuum Breaker Back - Siphonage Prevention Assembly. Backflow Prevention, Irrigation System. The mechanical prevention of reverse flow, or back siphonage, of nonpotable water from an irrigation system into the potable water source. Backflow Prevention Assembly. Any assembly used to prevent backflow into a potable water system. The type of assembly used is based on the existing or potential degree of health hazard and backflow condition. Completion of Irrigation System Installation. When the landscape irrigation system has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied that the system is operating correctly. Consulting, Irrigation System. The act of providing advice, guidance, review or recommendations related to landscape irrigation systems. Cross-Connection. An actual or potential connection between a potable water source and an irrigation system that may contain contaminates or pollutants or any source of water that has been treated to a lesser degree in the treatment process. Design, Irrigation System. The act of determining the various elements of a landscape irrigation system that will include, but not be limited to, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan. Design Pressure, Irrigation System. The pressure that is required for an emission device to operate properly. Design pressure is calculated by adding the operating pressure necessary at an emission device to the total of all pressure losses accumulated from an emission device to the water source. Double Check Valve. An assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a Double Check Valve Backflow Prevention Assembly. Emission Device. Any device that is contained within an irrigation system and that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation emitters. Employed, Irrigation Systems. Engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. A person is employed if that person is in an employer-employee relationship as defined by Internal Revenue Code, 26 United States ORDINANCE NO.______________ Page 11 of 36 Code Service, §3212(d) based on the behavioral control, financial control, and the type of relationship involved in performing employment related tasks. Head-to-Head Spacing, Irrigation System. The spacing of spray or rotary heads equal to the manufacturer’s published radius of the head. Health Hazard, Irrigation System. A cross-connection or potential cross-connection with an irrigation system that involves any substance that may, if introduced into the potable water supply, cause death or illness, spread disease, or have a high probability of causing such effects. Hydraulics. The science of dynamic and static water; the mathematical computation of determining pressure losses and pressure requirements of an irrigation system. Installer, Irrigation System. A person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed according to Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation Inspector. A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation Plan. A scaled drawing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation of the irrigation system. Irrigation Services. Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply. Irrigation System. An assembly of component parts, including the backflow device and all equipment downstream, that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion. This term does not include a system that is used on or by an agricultural operation as defined by Texas Agricultural Code, §251.002. Irrigation Technician. A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including the connection of such system in or to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation Zone. A subdivision of an irrigation system with a matched precipitation rate based on plant material type (such as turf, shrubs, or trees), microc limate factors (such as sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam, clay, or combination) or for hydrological control. Irrigator. A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30. Irrigator-in-Charge. The irrigator responsible for all irrigation work performed by an exempt business owner, including, but not limited to obtaining permits, developing design plans, supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining, altering, repairing, or servicing a landscape irrigation system. Landscape Irrigation. The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf. Irrigation License. An occupational license that is issued by the Texas Commission on Environmental Quality under Title 30, Texas Administrative Code, Chapter 30 to an individual that authorizes the individual to engage in an activity that is covered by Title 30, Texas Administrative Code, Chapter 30. ORDINANCE NO.______________ Page 12 of 36 Mainline, Irrigation System. A pipe within an irrigation system that delivers water from the water source to the individual zone valves. Maintenance Checklist, Irrigation System. A document made available to the irrigation system’s owner or owner’s representative that contains information regarding the operation and maintenance of the irrigation system, including, but not limited to: checking and repairing the irrigation system, setting the automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and plants away from irrigation emitters, using and operating the irrigation system, the precipitation rates of each irrigation zone within the system, any water conservation measures currently in effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly watering schedule based on current evapotranspiration data for the geographic region, and the minimum water requirements for the plant material in each zone based on the soil type and plant material where the system is installed. Major Maintenance, Alteration, Repair, or Service (Irrigation System). Any activity that involves opening to the atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere. Master Valve, Irrigation System. A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline. Matched Precipitation Rate. The condition in which all sprinkler heads within an irrigation zone apply water at the same rate. New Installation, Irrigation System. An irrigation system installed at a location where one did not previously exist . Pass-through Contract. A written contract between a contractor or builder and a licensed irrigator or exempt business owner to perform part or all of the irrigation services relating to an irrigation system. Pressure Vacuum Breaker. An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. Also known as a Pressure Vacuum Breaker Back-siphonage Prevention Assembly. Reclaimed Water. Domestic or municipal wastewater which has been treated to a quality suitable for beneficial use, such as landscape irrigation. Records of Landscape Irrigation Activities. The irrigation plans, contracts, warranty information, invoices, copies of permits, and other documents that relate to the installation, maintenance, alteration, repair, or service of a landscape irrigation system. Reduced Pressure Principle Backflow Prevention Assembly. An assembly containing two independently acting approved check valves together with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. Static Water Pressure. The pressure of water when it is not moving. Supervision, Landscape Irrigation. The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also a licensed installer working under the direction of a licensed irrigator or an irrigation techn ician who is working under the direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system. Water Conservation, Irrigation System. The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion. Zone Flow. A measurement, in gallons per minute or gallons per hour, of the actual flow of water through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading after the pressure has stabilized. For design purposes, the zone ORDINANCE NO.______________ Page 13 of 36 flow is the total flow of all nozzles in the zone at a specific pressure. Zone Valve, Irrigation System. An automatic valve that controls a single zone of a landscape irrigation system. 11. Section R302.1 (Exterior walls) is amended by deleting the existing text and replacing it with the following: R302.1 Exterior walls. Exterior walls with a fire separation distance less than 3 feet shall have not less than a one hour fire-resistive rating with exposure from both sides. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance. Exception: Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections. Projections may extend beyond the exterior wall on zero lot line construction. Projections shall be constructed from non-combustible material on the underside and may allow manufactured perforated soffit material installed for attic ventilation.. The soffit may project a maximum of 18 inches, excluding non -combustible gutters, over the adjacent property line. Exception: Tool and storage sheds, playhouses and similar structures exempted from permits by Section R 105.2 shall not extend over the lot line in zero lot line construction. Combustibles in maintenance easement. The construction of any structure utilizing combustible material or the storage of combustible material is prohibited within the maintenance easement. The term “maintenance easement” is defined in Article 11 of the UDO. Exception: A wood fence may be installed in the maintenance easement. 12. Section R302.5 (Dwelling-garage opening and penetration protection) is amended by adding the following exception: “Exception: One unprotected attic access opening, not exceeding 30 inches by 54 inches in size, is allowed per garage.” 13. Section R310.2.1 (Minimum opening area) is amended by deleting the section in its entirety. 14. Section R311.7.8.2 (Continuity) is amended by deleting the following text in said section: “Handrail ends shall be returned or shall terminate in newel posts or safety terminals.” 15. Section R313 (Automatic Sprinkler Systems) is amended by deleting the section in its entirety. 16. Section R318.2 (Chemical termiticide treatment) is amended by adding the following to the end of said section: “The method of application and contractor hired to apply the chemicals shall submit to the Building Department when applying for the Building Permit, and verification of the application turned in prior to issuance of the Certificate of Occupancy.” ORDINANCE NO.______________ Page 14 of 36 17. Section R319.1 (Address identification) is amended by deleting the existing text in its entirety and replacing it with the following: “Premises identification shall comply with Section 501.2, International Building Code, as amended.” 18. Section 322.2.1 (Elevation requirements) is amended by deleting the existing text, save the exception, and replacing it with the following: “1. Buildings and structures shall have the lowest floors elevated in accordance with the City of College Station Code of Ordinances, Chapter 13 (Flood Hazard Protection) and the City of College Station Drainage Policy and Design Standards (refer to Section II.D). 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated above the highes t adjacent grade as the depth number specified in feet on the Flood Insurance Rate Maps, or at least 2 feet if a depth number is not specified, plus the additional footage requirements in the City of College Station Code of Ordinances, Chapter 13 (Flood Hazard Protection) and the City of College Station Drainage Policy and Design Standards (refer to Section II.D). 3. Basement floors that are below grade on all sides shall be elevated in accordance with the City of College Station Code of Ordinances, Chapter 13 (Flood Hazard Protection) and the City of College Station Drainage Policy and Design Standards (refer to Section II.D).” 19. Section R403.1.3.3 (Slabs-on-ground with turned-down footings) is amended by deleting the existing text and replacing it with the following to read as follows: “All slabs-on-ground with turned-down footings shall comply with the minimum foundation standard in Section 1907.2, International Building Code.” 20. Chapter 11 (ENERGY EFFICIENCY) is amended by deleting this chapter in its entirety and replacing it with the following. “One-and-two family dwellings shall comply with the 2015 International Energy Conservation Code as amended.” 21. Section M1411.3 (Condensate disposal) is amended by deleting the existing text and replacing with the following: “Condensate from all cooling coils or evaporators shall be conveyed from the drain pan outlet to the sanitary sewer system, if available. The condensate drain shall be connected to the sanitary sewer system in a manner approved by the code official. Exception: When a sanitary sewer system is not available on the premises, or connection thereto is not practical, the condensate shall discharge into an approved french drain.” 22. Section M1501.1 (Outdoor discharge) is amended by deleting the last sentence in said section. 23. Section M1507.2 (Recirculation of air) is amended by deleting the last sentence in said section, and replacing it with the following: ORDINANCE NO.______________ Page 15 of 36 “Exhaust air from bathrooms and toilet rooms shall discharge directly to the outdoors or the vent termination shall be unobstructed and within 6 inches of the soffit vent or ridge vent.” 24. Section G2408.3 (305.5) (Private garages) is amended by deleting the section in its entirety. 25. Section G2414.5.2 (403.5.2) (Copper copper alloy tubing) is amended by deleting said section in its entirety. 26. Section G2417.1.2 (406.1.2) (Repairs and additions) is amended by deleting the existing text in its entirety and replacing it with the following: “In the event repairs or additions are made after the pressure test, the affected piping shall be tested. If approved by the code official, minor repairs and additions are not required to be pressure tested provided the work is inspected and connections are tested with a noncorrosive leak-detecting fluid or other leak detecting methods.” 27. Section G2417.4 (406.4) (Test pressure measurement) is amended by deleting the existing text in its entirety and replacing it with the following: “Test pressure measurement shall comply with Section 406.4, 2015 International Fuel Gas Code, as amended.” 28. Section G2417.4.1 (406.4.1) (Test pressure) is amended by deleting the existing text in its entirety and replacing it with the following: “Test pressure shall comply with Section 406.4, 2015 International Fuel Gas Code, as amended.” 29. Section P2503.8 (Inspection and testing of backflow prevention devices) is amended by deleting the section in its entirety and replacing with the following: “Inspection and testing of backflow prevention devices shall comply with Section 312.10, 2015 International Plumbing Code, as amended.” 30. P2804.6.1 (Requirements for discharge pipe) is amended by deleting number five and replacing it with the following: “Discharge to an indirect waste receptor or to the outdoors.” 31. Section P2902.5.3 (Lawn irrigation systems) is amended by deleting the existing text in its entirety and replacing it with the following: “P2902.5.3 Lawn Irrigation Systems P2902.5.3.1 Valid License Required. Any person who connects an irrigation system to the water supply within the city or the city’s extraterritorial jurisdiction, commonly referred to as the ETJ, must hold a valid license, as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code. Exception: A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, §1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or occupied by the person as the person’s home. A home or property owner who installs an irrigation system must meet the standards ORDINANCE NO.______________ Page 16 of 36 contained in Title 30, Texas Administrative Code, Chapter 344 regarding spacing, water pressure, spraying water over impervious materials, rain or moisture shut-off devices or other technology, backflow prevention and iso lation valves. See Texas Occupations Code §1903.002 for other exemptions to the licensing requirement. P2902.5.3.2 Permit Required. Any person installing an irrigation system within the territorial limits or extraterritorial jurisdiction of the city is required to obtain a permit from the city prior to beginning work on the irrigation system. A completed irrigation permit application and irrigation plan must be a submitted to the city and approved before a permit will be issued by the city. The irrigation plan must be in compliance with the requirements of this section. Exceptions: (1) An irrigation system that is an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code; or (2) An irrigation system used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or (3) An irrigation system connected to a groundwater well used by a property owner strictly for domestic use. P2902.5.3.3 Backflow Prevention Methods and Devices. Any irrigation system that is connected to the potable water supply must be connected through a backflow prevention method approved by the Texas Commission on Environmental Quality (TCEQ). The backflow prevention device must be approved by the Foundation for Cross -Connection Control and Hydraulic Research, the University of Southern California, the International Plumbing Code, or any other laboratory that has equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies. The backflow prevention device must be installed in accordance with the laboratory approval standards or if the approval does not include specific installation information, the manufacturer's current published recommendations. If conditions that present a health hazard exist, o ne of the following methods must be used to prevent backflow; (1) An air gap may be used if: (a) there is an unobstructed physical separation; and (b) the distance from the lowest point of the water supply outlet to the flood rim of the fixture or assembly into which the outlet discharges is at least one inch or twice the diameter of the water supply outlet, whichever is greater. (2) Reduced pressure principle backflow prevention assemblies may be used if: (a) the device is installed at a minimum of 12 inch es above ground in a location that will ensure that the assembly will not be submerged; and (b) drainage is provided for any water that may be discharged through the assembly relief valve. (3) Atmospheric vacuum breakers may only be used as replacements on existing systems utilizing atmospheric vacuum breakers if: (a) no back-pressure will be present; (b) there are no shutoff valves downstream from the atmospheric vacuum breaker; (c) the device is installed at a minimum of six inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler; (d) there is no continuous pressure on the supply side of the atmospheric vacuum breaker for more than 12 hours in any 24-hour period; and (e) a separate atmospheric vacuum breaker is installed on the discharge side of each irrigation control valve, between the valve and all the emission devices that the valve controls. (4) Pressure vacuum breakers may be used if: (a) no back-pressure condition will occur; and ORDINANCE NO.______________ Page 17 of 36 (b) the device is installed at a minimum of 12 inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler. All backflow prevention devices used in applications designated as health hazards must be tested upon installation and annually thereafter. If there are no conditions that present a health hazard, double check valve backflow prevention assemblies may be used to prevent backflow if the device is tested upon installation and test cocks are used for testing only. A double check valve may be installed below ground if: (a) the double check valve assembly is installed in a vault or other approved enclosure that which is constructed of a durable material. The vault or enclosure shall either be of solid (waterproof) construction with an integral bottom or bottomless to facilitate drainage. If the vault or enclosure is bottomless, a minimum of four (4) inches of washed gravel shall be installed below the assembly. The washed gravel shall have a diameter of between 3/8 inch and 3/4 inch (inclusive); (b) the test cocks are plugged with a non-ferrous material (brass, plastic, etc.) except when the double check valve is being tested; (c) the test cock plugs are threaded, water-tight, and made of non-ferrous material; (d) a y-type strainer is installed on the inlet side of the double check valve; (e) a minimum clearance of three (3) inches is provided between any fill material and t he bottom of the double check valve to allow space for testing and repair; and (f) a minimum clearance of four (4) inches is provided on the sides of the double check valve to test and repair the double check valve. If an existing irrigation system without a backflow-prevention assembly requires major maintenance, alteration, repair, or service, the system must be connected to the potable water supply through an approved, properly installed backflow prevention method before any major maintenance, alteration, repair, or service is performed. If an irrigation system is connected to a potable water supply through a double check valve, pressure vacuum breaker, or reduced pressure principle backflow assembly and includes an automatic master valve on the system, the automatic master valve must be installed on the discharge side of the backflow prevention assembly. The irrigator shall ensure the backflow prevention device is tested by a licensed Backflow Prevention Assembly Tester prior to being placed in service. T he tester must be registered with the City of College Station and the test results must be provided to the local water purveyor and the irrigation system's owner or owner's representative within ten business days of testing of the backflow prevention device. P2902.5.3.4 Specific Conditions and Cross-Connection Control. Before any chemical is added to an irrigation system connected to the potable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap. Connection of any additional water source to an irrigation system that is connected to the potable water supply can only be done if the irrigation system is connected to the potable water supply through a reduced-pressure principle backflow prevention assembly or an air gap. Irrigation system components with chemical additives induced by aspiration, injection, or emission system connected to any potable water supply must be connected through a reduced pressure principle backflow device. If an irrigation system is designed or installed on a property that is served by an on -site sewage facility, as defined in Title 30, Texas Administrative Code, Chapter 285, then: (1) all irrigation piping and valves must meet the separation distances from the On-Site Sewage Facilities system as required for a private water line in Title 30, Texas Administrative Code, Section 285.91(10); (2) any connections using a private or public potable water source that is not the city’s ORDINANCE NO.______________ Page 18 of 36 potable water system must be connected to the water source through a reduced pressure principle backflow prevention assembly as defined in Title 30, Texas Administrative Code, Section 344.50; and (3) any water from the irrigation system that is applied to the surface of the area utilized by the On-Site Sewage Facility system must be controlled on a separate irrigation zone or zones so as to allow complete control of any irrigation to that area so that there will not be excess water that would prevent the On-Site Sewage Facilities system from operating effectively. P2902.5.3.5 Water Conservation. All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined in the Definitions section of this ordinance. P2902.5.3.6 Irrigation Plan Design. An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed. A paper or electronic copy of the irrigation plan must be on the job site at all times during the installation of the irrigation system. A drawing showing the actual installation of the system is due to each irrigation system owner after all new irrigation system installations. During the installation of the irrigation system, variances from the original plan may be authorized by the licensed irrigator if the variance from the plan does not: (1) diminish the operational integrity of the irrigation system; (2) violate any requirements of this ordinance; and (3) go unnoted in red on the irrigation plan. The irrigation plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan. All irrigation plans used for construction must be dr awn to scale. The plan must include, at a minimum, the following information: (1) the irrigator's seal, signature, and date of signing; (2) all major physical features and the boundaries of the areas to be watered; (3) a North arrow; (4) a legend; (5) the zone flow measurement for each zone; (6) location and type of each: (a) controller; and (b) sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze); (7) location, type, and size of each: (a) water source, such as, but not limited to a water meter and point(s) of connection; (b) backflow prevention device; (c) water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays; (d) valve, including but not limited to, zone valves, master valves, and isolation valves; (e) pressure regulation component; and (f) main line and lateral piping. (8) the scale used; and (9) the design pressure. P2902.5.3.7 Design and Installation. No irrigation design or installation shall require the use of any component, including the water meter, in a way which exceeds the manufacturer's published performance limitations for the component. P2902.5.3.7.1 Spacing. The maximum spacing between emission devices must not exceed ORDINANCE NO.______________ Page 19 of 36 the manufacturer's published radius or spacing of the device(s). The radius or spacing is determined by referring to the manufacturer's published specifications for a specific emission device at a specific operating pressure. New irrigation systems shall not u tilize above-ground spray emission devices in landscapes that are less than 48 inches not including the impervious surfaces in either length or width and which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads must direct flow away from any adjacent surface and shall not be installed closer than four inches from a hardscape, such as, but not limited to, a building foundation, fence, concrete, asphalt, pavers, or stones set with mortar. Exception: Narrow paved walkways, jogging paths, golf cart paths or other small areas located in cemeteries, parks, golf courses or other public areas if the runoff drains into a landscaped area. P2902.5.3.7.2 Water Pressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that is used. Methods to achieve the water pressure requirements include, but are not limited to, flow control valves, a pressure regulator, or pressure compensating spray heads. P2902.5.3.7.3 Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC) pipe. P2902.5.3.7.4 Irrigation Zones. Irrigation systems shall have separate zones based on plant material type, microclimate factors, topographic features, soil conditions, and hydrological requirements. P2902.5.3.7.5 Matched Precipitation Rate. Zones must be designed and installed so that all of the emission devices in that zone irrigate at the same precipitation rate. P2902.5.3.7.6 Impervious Surfaces. Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc. P2902.5.3.7.7 Master Valve. When provided, a master valve shall be installed on the discharge side of the backflow prevention device on all new installations. P2902.5.3.7.8 PVC Pipe Primer Solvent. All new irrigation systems that are installed using PVC pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the International Plumbing Code (Section 605). P2902.5.3.7.9 Rain or Moisture Sensor. All new automatically controlled irrigation systems must include sensors or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. Rain or moisture shut-off technology must be installed according to the manufacturer's published recommendations. Repairs to existing automatic irrigation systems that require replacement of an existing controller must include a sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. P2902.5.3.7.10 Isolation Valve. All new irrigation systems must include an isolation valve between the water meter and the backflow prevention device. ORDINANCE NO.______________ Page 20 of 36 P2902.5.3.7.11 Depth Coverage of Piping. Piping in all irrigation systems must be installed according to the manufacturer's published specifications for depth coverage of piping. If the manufacturer has not published specifications for depth coverage of piping, the piping must be installed to provide minimum depth coverage of six inches of select backfill, between the top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at a depth of six inches or less, select backfill may be mounded over the pipe. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner's representative to address any safety issues. If a utility, man-made structure or roots create an unavoidable obstacle, which makes the six-inch depth coverage requirement impractical, the piping shall be installed to provide a minimum of two inches of select backfill between the top of the pipe and the natural grade of the topsoil. All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the original grade. P2902.5.3.7.12 Irrigation System Wiring. Underground electrical wiring used to connect an automatic controller to any electrical component of the irrigation system must be listed by Underwriters Laboratories as acceptable for burial underground. Electrical wiring that connects any electrical components of an irrigation system must be sized according to the manufacturer's recommendation. Electrical wire splices which may be exposed to moisture must be waterproof as certified by the wire splice manufacturer. Underground electrical wiring that connects an automatic controller to any electrical component of the irrigation system must be buried with a minimum of six inches of select backfill. P2902.5.3.13 Irrigation System Water. Water contained within the piping of an irrigation system is deemed to be non-potable. No drinking or domestic water usage, such as, but not limited to, filling swimming pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water faucet that has hose threads on the spout) is connected to an irrigation system for the purpose of providing supplemental water to an area, the hose bib must be installed using a quick coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any hoses connected to the bib must be labeled "non potable, not safe for drinking." An isolation valve must be installed upstream of a quick coupler connecting a hose bib to an irrigation system. P2902.5.3.7.14 Licensed Person On Site During Installation. Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician shall be on -site at all times while the landscape irrigation system is being installed. When an irrigator is not onsite, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation system. P2902.5.3.8 Completion of Irrigation System Installation. Upon completion of the irrigation system, the irrigator or irrigation technician who provided supervision for the on-site installation shall be required to complete the following four items: (1) a final walk through with the irrigation system's owner or the owner's representative to explain the operation of the system; (2) The maintenance checklist on which the irrigator or irrigation technician shall obtain the signature of the irrigation system's owner or owner's representative and shall sign, date, and seal the checklist. If the irrigation system's owner or owner's representative is unwilling or unable to sign the maintenance checklist, the irrigator shall note the time and date of the refusal on the irrigation system's owner or owner's representative's signature line. The irrigation system owner or owner's representative will be given the original maintenance checklist and a duplicate copy of the maintenance checklist shall be maintained by the irrigator. The items on the maintenance checklist shall include but are not limited to: ORDINANCE NO.______________ Page 21 of 36 (a) the manufacturer's manual for the automatic controller, if the system is automatic; (b) a seasonal (spring, summer, fall, winter) watering schedule based on either current/real time evapotranspiration or monthly historical reference evapotranspiration (historical ET) data, monthly effective rainfall estimates, plant landscape coefficient factors, and site factors; (c) a list of components, such as the nozzle, or pump filters, and other such components; that require maintenance and the recommended frequency for the service; and (d) the statement, "This irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the Irrigation Plan and is properly adjusted for the most efficient application of water at this time." (3) A permanent sticker which contains the irrigator's name, license number, company name, telephone number and the dates of the warranty period shall be affixed to each automatic controller installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker shall be affixed to the original maintenance checklist. The information contained on the sticker must be printed with waterproof ink and include: (4) The irrigation plan indicating the actual installation of the system must be provided to the irrigation system's owner or owner representative. P2902.5.3.9 Maintenance, Alteration, Repair, or Service of Irrig ation Systems. The licensed irrigator is responsible for all work that the irrigator performed during the maintenance, alteration, repair, or service of an irrigation system during the warranty period. The irrigator or business owner is not responsible for the professional negligence of any other irrigator who subsequently conducts any irrigation service on the same irrigation system. All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation system must be returned to the original grade with compacted select backfill. Colored PVC pipe primer solvent must be used on all pipes and fittings used in the maintenance, alteration, repair, or service of an irrigation system in accordance with the adopted International Plumbing Code (Section 605). When maintenance, alteration, repair or service of an irrigation system involves excavation work at the water meter or backflow prevention device, an isolation valve shall be installed, if an isolation valve is not present. P2902.5.3.10 Reclaimed Water. Reclaimed water may be utilized in landscape irrigation systems if: (1) there is no direct contact with edible crops, unless the crop is pasteurized before consumption; (2) the irrigation system does not spray water across property lines that do not belong to the irrigation system's owner; (3) the irrigation system is installed using purple components; (4) the domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with §290.47(i) of this title (relating to Appendices); (5) a minimum of an eight inch by eight inch sign is prominently posted on/in the area that is being irrigated, that reads, "RECLAIMED WATER – DO NOT DRINK" ; and (6) backflow prevention on the reclaimed water supply line shall be provided in accordance with the regulations of the city’s water provider. P2902.5.3.11 Advertisement Requirements. All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator's license number in the form of "LI________" in a contrasting color of block letters at least two inches high, on both sides of the vehicle. All forms of written and electronic advertisements for irrigation services mu st display the ORDINANCE NO.______________ Page 22 of 36 irrigator's license number in the form of "LI___________." Any form of advertisement, including business cards, and estimates which displays an entity's or individual's name other than that of the licensed irrigator must also display the name of the licensed irrigator and the licensed irrigator's license number. Trailers that advertise irrigation services must display the irrigator's license number. The name, mailing address, and telephone number of the commission must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept. P2902.5.3.12 Contracts. All contracts to install an irrigation system must be in writing and signed by each party and must specify the irrigator's name, license number, business address, current business telephone numbers, the date that each party signed the agreement, the total agreed price, and must contain the statement, "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC -178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www. tceq.state.tx.us." All contracts must include the irrigator's seal, signature, and date. All written estimates, proposals, bids, and invoices relating to the installation or repair of an irrigation system(s) must include the irrigator's name, license number, business address, current business telephone number(s), and the statement: "Irrigation in Texas is regulated by the Texas Commission On Environmental Quality (TCEQ) (MC -178), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us." An individual who agrees by contract to provide irrigation services as defined in §344.30 of this title (relating to License Required) shall hold an irrigator license issued under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations) unless the contract is a pass-through contract as defined in §344.1(36) of this title (relating to Definitions). If a pass-through contract includes irrigation services, then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass-through contract, the irrigator shall still be responsible for providing the irrigation system's owner or through contract, the irrigator shall still be responsible for providing the irrigation system's owner or owner's representative a copy of the warranty and all other documents required under this chapter. A pass-through contract must identify by name and license number the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work. The contract must include the dates that the warranty is valid. P2902.5.3.13 Warranties for Irrigation Systems. On all installations of new irrigation systems, an irrigator shall present the irrigation system's owner or owner's represen tative with a written warranty covering materials and labor furnished in the new installation of the irrigation system. The irrigator shall be responsible for adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's wa rranty for the system components, then the irrigator shall provide the irrigation system's owner or the owner's representative with applicable information regarding the manufacturer's warranty period. The warranty must include the irrigator's seal, signature, and date. If the warranty is part of an irrigator's contract, a separate warranty document is not required. An irrigator's written warranty on new irrigation systems must specify the irrigator's name, business address, and business telephone number(s), must contain the signature of the irrigation system's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's website is: www.tceq.state.tx.us." On all maintenance, alterations, repairs, or service to existing irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative a writ ten ORDINANCE NO.______________ Page 23 of 36 document that identifies the materials furnished in the maintenance, alteration, repair, or service. If a warranty is provided, the irrigator shall abide by the terms. The warranty document must include the irrigator's name and business contact informa tion. P2902.5.3.14 Duties and Responsibilities of City Irrigation Inspectors. A licensed irrigation inspector or plumbing inspector shall enforce the ordinance of the city, and shall be responsible for: (1) verifying that the appropriate permits have been obtained for an irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed; (2) inspecting the irrigation system; (3) determining that the irrigation system complies with the requirements of this section; (4) determining that the appropriate backflow prevention device was installed and tested; (5) investigating complaints related to irrigation system installation, maintenance, alteration, repairs, or service of an irrigation system and advertisement of irrigation services; and (6) maintaining inspection records according to this section.” 32. Table P2906.4 (WATER SERVICE PIPE) is amended by deleting the following materials: “Acrylonitrile butadiene styrene (ABS) plastic pipe Asbestos-cement pipe Polybutylene (PB) plastic pipe and tubing Polyethylene (PE) plastic pipe Polyethylene (PE) plastic tubing Polyethylene/aluminum/polyethylene (PE-AL-PE) pipe 33. Table P2906.5 (WATER DISTRIBUTION PIPE) is amended by deleting the following materials: “Polybutylene (PB) plastic pipe and tubing Polyethylene/aluminum/polyethylene (PE-AL-PE) composite pipe” 34. Section P2906.5 (Water-distribution pipe.) is amended by adding the following text to the end of the section: “Inaccessible water distribution piping under slabs shall be copper (minimum type K), cross - linked polyethylene (PEX) tubing, or cross-linked polyethylene/aluminum/cross-linked polyethylene (PEX-AL-PEX) pipe, all installed without joints or connections. Materials subject to corrosion shall be protected when exposed to concrete or corrosive soils.” 35. Section 2906.9.1.5.3 (Sleeved cross-linked polyethylene piping or tubing) is amended by adding the following section: Sleeved cross-linked polyethylene piping or tubing. “When a sleeve is provided for cross- linked polyethylene (PEX) plastic piping or tubing installed under concrete slabs the annular space between the piping or tubing and the sleeve must be caulked, foamed, or otherwise sealed to prevent the entrance of termiticide.” 36. Section P3002.2. (Building sewer) is amended by adding P3002.2.2 to read as follows: “P3002.2.2 Depth of building sewer. Building sewer pipe shall be installed with a minimum of twelve (12) inches of cover. Where conditions prohibit the required amount of cover, cast iron ORDINANCE NO.______________ Page 24 of 36 pipe with approved joints may be used unless other means of protecting the pipe is provided as approved by the Building Official.” 37. Section E3401.1 (Applicability) is amended by deleting the section in its entirety and replacing with the following: “Electrical installations shall comply with the National Electrical Code, as adopted and amended by the City of College Station.” ORDINANCE NO.______________ Page 25 of 36 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE C. The International Fuel Gas Code adopted by reference in Section [A] 101.4.1, 2015 International Building Code is hereby amended as follows: 1. Section [A] 102.8 (Referenced codes and standards) is amended by adding the following exception: “Exception: Any reference to the ICC Electrical Code shall mean the National Electrical Code, as adopted and amended by the City of College Station.” 2. Section [A] 106.3 (Application for permit) is amended by deleting the text in said section and replacing it with the following: “The code official may require a permit application for work regulated by this code.” 3. Section [A] 106.6.2 (Fee schedule) is amended by deleting the section in its entirety. 4. Section [A] 106.6.3 (Fee refunds) is amended by deleting the text in said section and replacing it with the following: “The City Manager or his designee is authorized to establish a refund policy.” 5. Section 109 (IFGC) (MEANS OF APPEAL) is amended by deleting the section in its entirety. 6. Section 305.5 (Private garages) is amended by deleting the section in its entirety. 7. Section 403.4.3 (Copper and copper alloy) is amended by deleting the section in its entirety. 8. Section 403.5.2 (Copper and copper alloy tubing) is amended by deleting the section in its entirety. 9. Section 406.1.2 (Repairs and additions) is amended by deleting the existing text in its entirety and replacing it with the following: “In the event repairs or additions are made after the pressure test, the affected piping shall be tested. If approved by the code official, minor repairs and additions are not required to be pressure tested provided the work is inspected and connections are tested with a noncorrosive leak-detecting fluid or other leak detecting methods.” 10. Section 406.4 (Test pressure measurement) is amended by adding the following to the end of said section: ‘For gas systems with a working pressure up to and including five (5) psi., a diaphragm gauge utilizing a dial with a minimum diameter of three and one-half inches (3 ½”), a set hand, 2/10 pound incrementation and a pressure range not more than twenty (20) psi shall be acceptable. A mechanical spring gauge is only acceptable for use on gas systems requiring a pressure test of more than 20 psig.’ 11. Section 406.4.1 (Test pressure) is amended by deleting the existing text in its entirety and replacing it with the following: ‘The test pressure to be used shall be no less than twice the proposed maximum working pressure, but no less than five (5) psig, irrespective of design pressure.’ ORDINANCE NO.______________ Page 26 of 36 12. Section 406.4.2 (Test duration) is amended by deleting the existing text in its entirety and replacing it with the following: “Gas piping systems shall withstand the required pressure test for a period of not less than ten (10) minutes without showing any drop in pressure.” ORDINANCE NO.______________ Page 27 of 36 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE D. The International Mechanical Code adopted by reference in Section [A] 101.4.2, 2015 International Building Code is hereby amended as follows: 1 Section [A] 102.8 (Referenced codes and standards) is amended by adding the following exception: ‘Exception: Any reference to the ICC Electrical Code shall mean the National Electrical Code, as adopted and amended by the City of College Station.’ 2 Section [A] 106.3 (Application for permit) is amended by deleting the text in said section and replacing it with the following: ‘The code official may require a permit application for work regulated by this code.’ 3 Section [A] 106.5.2 (Fee schedule) is amended by deleting the section in its entirety. 4 Section [A] 106.5.3 (Fee refunds) is amended by deleting the text in said section and replacing it with the following: “The City Manager or his designee is authorized to establish a refund policy.’ 5 Section [A] 108.5 (Stop work orders) is amended by inserting the following amounts in the blanks provided at the end of said section: ‘twenty-five ($25.00) in the first blank and two-thousand ($2,000.00) in the second blank’ 6 Section 109 (MEANS OF APPEAL) is amended by deleting the section in its entirety. 7 Section 304.7 (Private garages) is amended by deleting the section in its entirety. 8 Section 507.6.1 (Capture and containment test) is amended by deleting the section in its entirety. ORDINANCE NO.______________ Page 28 of 36 AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE E. The International Plumbing Code adopted by reference in Section [A] 101.4.3, 2015 International Building Code is hereby amended as follows: 1 Section [A] 102.8 (Referenced codes and standards) is amended by adding the following exception: ‘Exception: Any reference to the ICC Electrical Code shall mean the National Electrical Code, as adopted and amended by the City of College Station.’ 2 Section [A] 106.3 (Application for permit) is amended by deleting the text in said section and replacing it with the following: ‘The code official may require a permit application for work regulated by this code.’ 3 Section [A] 106.6.2 (Fee Schedule) is amended by deleting this section in its entirety. 4 Section [A] 106.6.3 (Fee refunds) is amended by deleting the text in said section and replacing it with the following: ‘The City Manager or designee is authorized to establish a refund policy.’ 5 Section [A] 108.5 (Stop work orders) is amended by inserting the following amounts in the blanks provided at the end of said section ‘twenty-five ($25.00) in the first blank and two-thousand ($2,000.00) in the second blank’ 6 Section 109 (MEANS OF APPEAL) is amended by deleting the section in its entirety. 7 Section 305.4.1 (Sewer depth) is amended by inserting “twelve (12)” in both blanks and adding the following sentence to the end of said section. ‘Where conditions prohibit the required amount of cover, cast iron pipe with approved joints may be used unless other means of protecting the pipe is provided as approved by the Building Official.’ 8 Section 312.1 (Required tests) is amended by deleting the following text from said section: ‘, for piping systems other than plastic, by’ 9 Section 312.2 (Drainage and vent water test) is amended by deleting said section in its entirety and replacing with the following: ‘312.2 Drainage water test. A water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest opening of the section under test, and each section shall be tested with not less than a 5-foot head of water. This pressure shall be held for at least 15 minutes. The drainage system shall then be tight at all points.’ ORDINANCE NO.______________ Page 29 of 36 10 Section 312.3 (Drainage and vent air test) is amended by deleting said section in its entirety and replacing with the following: ‘312.3 Drainage air test. An air test shall be applied to the drainage piping by forcing air into the system until there is uniform gauge pressure of 5 pounds per square inch (psi) or sufficient to balance a 10-inch column of mercury. This pressure shall be held for a test period of at least 15 minutes. Any adjustment to the test pressure required because of changes in ambient temperature or the seating of gaskets shall be made prior to the beginning of the test period.’ 11 Section 312.6 (Gravity sewer test) is amended by deleting “10-foot (3048 mm)” and replacing it with “5-foot”. 12 Section 312.10 (Inspection and testing of backflow prevention assemblies.) is amended by deleting said section in its entirety and replacing with the following: ‘312.10 Inspection and testing of backflow prevention assemblies. Upon initial installation, an inspection shall be made of all backflow prevention devices and assemblies to determine whether they are operable. Testing of all backflow prevention devices and assemblies shall be in accordance with Chapter 11, Section 10, Subsection F, of the Code of Ordinances, City of College Station, Texas.” 13 Section 410.4 (Substitution) is amended by deleting the last sentence in said section and replacing it with the following: ‘Where bottle water dispensers are provided in other occupancies, drinking fountains shall not be required.’ 14 Table 605.3 (WATER SERVICE PIPE) is amended by deleting the following materials: Acrylonitrile butadiene styrene (ABS) plastic pipe Polyethylene (PE) plastic pipe Polyethylene (PE) plastic tubing Polyethylene/aluminum/polyethylene (PE-AL-PE) pipe 15 Section 606 (INSTALLATION OF THE BUILDING WATER DISTRIBUTION SYSTEM) is amended by adding section 606.8 to read as follows: ‘606.8 Materials below slab. Water distribution piping installed under concrete slabs shall be copper (minimum type K), cross-link polyethylene (PEX) tubing, or cross-linked polyethylene/aluminum/ polyethylene (PEX -AL-PEX) pipe, all installed without joints or connections. Materials subject to corrosion shall be protected when exposed to concrete or corrosive soils.’ 16 Section 606 (INSTALLATION OF THE BUILDING WATER DISTRIBUTION SYSTEM) is amended by adding section 606.9 to read as follows: ‘606.9 Sleeved cross-polyethylene piping or tubing. ‘When a sleeve is provided for cross-linked polyethylene (PEX) plastic piping or tubing installed under concrete slabs the annular space between the piping or tubing and the sleeve must be caulked, foamed, or otherwise sealed to prevent the entrance of termiticide.’ ORDINANCE NO.______________ Page 30 of 36 17 Section 608.16.5 (Connections to lawn irrigation systems) is amended by deleting the first sentence in said section and replacing it with the following: ‘The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric vacuum breaker, a pressure vacuum breaker assembly, a reduced pressure principle backflow prevention assembly or a double check.’ 18 Section 701.2 (Sewer required) is amended by deleting the section in its entirety and replacing with the following: ‘701.2 Sewer required. Every building in which plumbing fixtures are installed and all premises having sanitary drainage piping shall be connected to an approved sewer. Private sewage systems must comply with City of College Station’s Code of Ordi nances (Chapter 11, Section 2). All private sewage disposal systems must comply with the latest adopted standards of the Texas Commission on Environmental Quality and be installed under the direction of the Brazos County Health Department. The installer shall be licensed by the Texas Commission on Environmental Quality.’ 19 Section 1003.3.4 (Hydromechanical grease interceptors, fats, oils and greases disposal systems and automatic grease removal devices) is amended by deleting the first sentence in said section. AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO.______________ Page 31 of 36 F. The International Property Maintenance Code adopted by reference in Section [A] 101.4.4, 2015 International Building Code is hereby amended as follows: 1 Section [A] 102.7 (Referenced codes and standards) is amended by adding the following exception: ‘Exception: Any reference to the ICC Electrical Code shall mean the National Electrical Code, as adopted and amended by the City of College Station.’ 2 Section 107 (NOTICES AND ORDERS) is amended by deleting the section in its entirety. 3 Section 108 (UNSAFE STRUCTURES AND EQUIPMENT) is amended by deleting the section in its entirety. 4 Section 109 (EMERGENCY MEASURES) is amended by deleting the section in its entirety. 5 Section 110 (DEMOLITION) is amended by deleting the section in its entirety. 6 Section 111 (MEANS OF APPEAL) is amended by deleting the section in its entirety. 7 Section 302.4 (Weeds) is amended by deleting the section in its entirety. 8 Section [F] 304.3 (Premises identification) is amended by deleting the text in said section and replacing it with the following: ‘Premises identification shall be in compliance with Section 501.2, 2015 International Building Code as amended.’ 9 Section 304.14 (Insect screens) is amended by deleting the existing text and replacing it with the following: ‘Every door, window, and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any other areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm) and every swinging door shall have a self-closing device in good working condition. Exceptions: 1. Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed. 2. Screens shall not be required for windows and doors enclosing habitable spaces that contain central heating and air conditioning equipment that provide mechanical ventilation.’ 10 Section 602.3 (Heat supply) is amended by adding the following dates in the blanks provided: ORDINANCE NO.______________ Page 32 of 36 ‘1 October in first blank and 30 April in second blank’ 11 Section 602.4 (Occupiable work spaces) is amended by adding the following dates in the blanks provided: ‘1 October in first blank and 30 April in second blank’ 12 Section 602.4 (Occupiable work spaces) is amended by adding the following exception: ‘3. Warehouse, storage rooms and similar areas that are not occupied on a constant basis.’ 13 APPENDIX A (BOARDING STANDARD) is hereby adopted. AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE ORDINANCE NO.______________ Page 33 of 36 G. The International Energy Conservation Code adopted by reference in Section [A] 101.4.6, 2015 International Building Code, is hereby amended as follows: 1. Section C&R106.1 (Referenced codes and standards) is amended by adding the following to said section: “Any reference to the ICC Electrical Code shall mean the National Electrical Code, as adopted and amended by the City of College Station.” 2. Section C&R109 (BOARD OF APPEALS) is amended by deleting the section in its entirety. 3. Section C402.5 (Air leakage-thermal envelope (Mandatory)) is amended by adding an exception: “Exception: The air leakage-thermal envelope shall be considered acceptable when the items listed in Table R402.4.1.1, applicable to the method of construction, are field verified. Where required by the code official, an approved third party, independent from the installer, shall inspect and approve the thermal envelope and insulation installation.” 4. Table C403.3(2) (EQUIPMENT EFFICIENCY PERFORMANCE EXCEPTION FOR ECONOMIZERS) is amended by adding 2A directly beside 2B under “CLIMATE ZONES” in said table. 5. Section R401.3 (Certificate) is amended by deleting the existing text from said section: “The certificate shall list the types and efficiencies of heating, cooling and service water heating equipment. Where a gas-fired unvented room heater, electric furnace, or baseboard electric heater is installed in the residence, the certificate shall list “gas -fired unvented room heater,” “electric furnace” or “baseboard electric heater.” as appropriate. An efficiency shall not be listed for gas-fired unvented room heaters, electric furnaces or electric baseboard heaters.” 6. Section R402.4.1.2 (Testing) is amended by adding an exception: “Exception: Building envelope tightness and insulation installation shall be considered acceptable when the items listed in Table R402.4.1.1, applicable to the method of construction, are field verified. Where required by the code official, an approved third party independent from the installer, shall inspect and approve the air barrier and insulation installation.” 7. Section R403.3.1 (Insulation (Prescriptive)) is amended by adding the following to the end of the section: “Supply and return air ducts in unconditioned spaces may have an insulation R-Value of 6 when installed in conjunction with an air conditioner having a minimum SEER rating of 14.” 8. Section R403.3.3 (Duct Testing (Mandatory)) is amended by adding an additional exception below said section: “Exception: 2. Duct tightness shall be considered acceptable when the items listed below, applicable to the method of construction, are field verified: ORDINANCE NO.______________ Page 34 of 36 Connections: a. Seal core to collar with UL listed mastic or at least 2 wraps of UL 1 81 listed tape. b. Secure connection with mechanical clamp placed over the core and tape. c. Pull jacket and insulation back over core. Use a mechanical clamp, two wraps of UL 181 listed tape or UL listed mastic to secure insulation. Splices a. Butt two cores together on a 4” length metal sleeve. b. Secure core and sleeve with UL listed mastic or two wraps of UL 181 listed tape c. Secure connection with 2 clamps placed over the taped core ends. d. Pull jacket and insulation back over core. Use two wraps of UL 181 listed tape or UL listed mastic to secure insulation.” 9. Section R403 (SYSTEMS) is amended by adding R403.13 to read as follows: “403.13 Heating equipment. Electrical resistance heat may be used as the primary source of heating for residential use not exceeding five hundred (500) square feet in area.” 10. Section R406.5 (Verification by approved agency) is amended by replacing the existing text with: “The Code Official may require verification of compliance with Section R406 be completed by an approved third party.” SEC. 3-7 - NATIONAL ELECTRICAL CODE ADOPTED A booklet entitled ‘National Electrical Code 2014 Edition’ as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of ORDINANCE NO.______________ Page 35 of 36 College Station, Texas, is hereby adopted and designated as the Electrical Code of College Station, Texas. AMENDMENTS TO THE NATIONAL ELECTRICAL CODE 1. Section 210.23 (A) 15- and 20- Ampere Branch Circuits. Shall be amended to delete the reference to 15 ampere branch circuits. It shall also be amended to include the following sentence after said section: “However, a circuit of twenty (20) amperes shall not serve more than ten openings.” 2. Table 210.24 Summary of Branch-Circuit Requirements shall be amended by placing an asterisk next to all 14 AWG conductors indicated in the table and by adding this f oot- note at the bottom of the table: “ * special note: Except for fixture wires in UL or other listed fixtures, no conductor of a size smaller than 12 AWG copper is allowed in branch circuit wiring.” 3. Section 210.52 (B) Small Appliances shall be amended by adding the following subsection: “(4) Separate Circuit Required. A separate circuit is required for each refrigerator, deep freeze, dishwasher, disposal, trash compactor or any other load exceeding six (6) amperes.” 4. Section 210.52 (C) Countertops shall be amended to include after the words ‘…with 210.52 (C) (1) through (C) (5). the following sentence: “However, a separate circuit is required for microwave ovens or any other counter top appliance with a load exceeding six (6) amperes.” 5. Section 210.52 (F) Laundry Areas. Shall be amended to include after the words '. . . for the laundry.' the following sentence: “However, a separate circuit is required for a washing machine or any other laundry appliance with a load exceeding six (6) amperes.” 6. Section 210.52 Dwelling Unit Receptacle Outlets. Shall be amended by adding the following subsection: “(J) Other Locations. A separate circuit is required for each well pump or other outdoor loads exceeding six (6) amperes.” 7. Article 230 Services. Shall be amended by adding the following section: “230.11 Meter Mounting Heights. Individual meters shall be mounted at a height not greater than 5'-6” or less than 4'-6" above finished grade, measured to the center line of the meter base. Meter packs shall be mounted with its horizontal centerline not greater than 4'-6” or less than 4'-0" above finished grade.” “Exception: Meters and meter packs may be mounted at a different height by special permission of the Building Official or his designee when special conditions make the installation at the above heights impractical. “ 8. Section 230.70 General shall be amended by adding the following subsection: “(D) Service Disconnecting Means for Commercial Buildings and Structures. For commercial buildings and structures, the service disconnecting means shall be installed on the outside of the building or structure. A power operated disconnect switch (shunt ORDINANCE NO.______________ Page 36 of 36 trip) shall be permitted for service disconnects rated 1000 amps or more. All shunt trip disconnecting means shall be of the maintained contact type in an approved, lockable enclosure. All service disconnects shall be clearly marked in a permanent manner. Exception: A power operated disconnect switch (shunt trip) may be allowed on service disconnects rated less than 1000 amps, if the applicant requests an exception from the Electrical Division and Building Official and satisfies the official that one of the following criteria has been met. (a) A power operated disconnect switch (shunt trip) may be used for a service disconnect rated less than 1000 amps when the building or structure is served by a single transformer and the transformer is not anticipated to be used for multiple services; or (b) A power operated disconnect switch (shunt trip) may be used for a service disconnect rated less than 1000 amps on an existing building or structure when space is not available to mount an external disconnect. 9. Article 230 Services. Shall be amended by adding the following section: “230.70 (E) Outside Disconnect Locking Device. Factory installed key operated lock shall have an alternate locking mechanism approved by the local jurisdiction.” 10. Section 230.71 (A) General shall be amended to include the following sentence after said section: “Any multi-tenant building larger than 5,000 square feet shall have a service disconnect.” 11. Section 250.52 (A) (5) Rod and Pipe Electrodes shall be amended by deleting the section in its entirety and replacing with the following: “Rod and Pipe Electrodes. Rod and pipe electrodes shall not be less than eight (8) feet in length, not less than 5/8” in diameter and shall be copper coated.” 12. Section 310.106 (B) Conductor Material shall be amended by adding the following Exception: “Exception: Aluminum and copper-clad aluminum is not allowed in branch circuits.” 13. Section 320.12 Uses Not Permitted shall be amended by deleting the section in its entirety and replacing with the following: “Uses Not Permitted. Type AC cable shall not be permitted in commercial buildings as a wiring method.” 14. Section 334.12 (A) Types NM, NMC, and NMS. Shall be amended to include the following subsection: “(11) In educational occupancies as defined by the City’s “adopted building code.” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0710 Name:Adoption of International Fire Code and NFPA Life Safety Code Status:Type:Ordinance Agenda Ready File created:In control:11/23/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion on an ordinance amending Chapter 6, “Fire Protection”, of the Code of Ordinances of the City of College Station, Texas, adopting the 2015 International Fire Code, the 2015 NFPA Life Safety Code, and related amendments. Sponsors:Eric Dotson Indexes: Code sections: Attachments:Ordinance Action ByDate Action ResultVer. Public Hearing,presentation,possible action,and discussion on an ordinance amending Chapter 6, “Fire Protection”,of the Code of Ordinances of the City of College Station,Texas,adopting the 2015 International Fire Code, the 2015 NFPA Life Safety Code, and related amendments. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s):The Construction Board of Adjustment and Appeals considered the aforementioned codes at a public meeting in October and recommended approval of the codes.Staff also recommends approval. Summary: This ordinance adopts the latest edition of the International Fire Code and the Life Safety Code for use in College Station. The City of College Station currently uses the 2012 edition of the International Fire Code and the 2012 edition of the Life Safety Code. The International Code Council and National Fire Protection Association issues updated codes every three years. The changes included in the latest codes help clarify intent and strengthen requirements designed to safeguard the public health, safety, and general welfare. Reviewed and Approved by Legal: Yes Budget & Financial Summary: N/A Attachments: College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0710,Version:1 1. Ordinance College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 6, “FIRE PROTECTION”, 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 6, “Fire Protection”, 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 34 of the Charter of the City of College Station. PART 4: That this ordinance shall become effective on 1 January 2016. PASSED, ADOPTED and APPROVED this 10th day of December, 2015. APPROVED: ____________________ MAYOR ATTEST: ____________________ City Secretary ____________________ City Attorney Ordinance No. _________ Page 2 of 12 EXHIBIT “A” That Chapter 6, “Fire Protection”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended as set out hereafter to read as follows: Chapter 6 – FIRE PROTECTION Sec. 6-1. - Fire Prevention Code. A. INTERNATIONAL FIRE CODE ADOPTED (1) The 2015 edition of the International Fire Code, including Appendix Chapters B, C, D, E, F,G,H,I and as published by the International Code Council. Said Code is hereby adopted to the same extent as though such Code were copied at length herein, subject however to the omissions, additions, supplements, and amendments contained in this section. (2) The Life Safety Code Handbook, specifically the 2015 Edition published by the National Fire Protection Association, a copy of which is on file in the office of the City Secretary of the City of College Station, Texas, is hereby adopted and designated as the life safety code of the City of College Station. Said code is adopted to the same extent as though such code was copied at length herein, subject however to the omissions, additions, supplements, and amendments contained in this section. B. AMENDMENTS TO THE INTERNATIONAL FIRE CODE The International Fire Code, as referred to above is hereby amended as follows: (1) Section 101 (General) is amended by adding Section 101.6 to read as follows: Section 101.6 (Emergency Vehicle Egress): No part of any commercial structure will be located outside the limits of a one hundred fifty foot (150’) arc from a point where fire apparatus can operate. F ire apparatus will operate on surfaces designed for such and may utilize public right-of-way, approved fire lanes and/or drive access ways to meet this one hundred and fifty foot limit but in no case shall the truck travel route be measured across grass, wooded or landscaped areas, over curbs, through fences, through ditches or across paved areas which are not designed and maintained as fire lanes". (2) Section 105 (Permits) is amended by adding Section 105.1.1.1 to read as follows: Section 105.1.1.1 (Registration of Contractors): It shall be the duty of every individual who makes contracts to construct, enlarge, alter, repair, move, or demolish any life safety systems to include but not limited to fire sprinkler systems, fire alarm systems, commercial cooking extinguishing systems, underground tanks, underground piping and underground fire supply lines of which are regulated by this code, or cause such work to be done, and every individual making such contracts and subletting the same or any part thereof, to first register with the Building Official, giving full name, residence, name and place of business, and in case of removal from one place to another to have made corresponding change to the Building Official. (3) Section 108 is amended by deleting the section in its entirety. (4) Section 109.4 (Violation Penalties) is amended by deleting the section in its entirety and replacing with the following: Section 109.4 (Violation Penalties) Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the Ordinance No. _________ Page 3 of 12 approved construction documents or directive of the Fire Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine as described in Chapter 1 section 5 of the College Station Code of Ordinances. (5) Section 113.5 (Refunds) is amended by deleting the existing text in its entirety and replacing it with the following: “The City Manager or his designee is authorized to establish a refund policy” (6) Section 202 (Definitions) is amended by adding “Tutorial Services” under the definition of “Occupancy Classification Assembly Group A-3”. (7) Section 202 (Definitions) is amended by deleting the Townhouse definition and replacing it with the following: “Townhouse. A single family dwelling unit constructed in a group of attached units separated by property lines in which each extend from foundation to roof and with open space on at least two (2) sides” (8) Section 307.4.2 (recreational fires) is amended by adding the following: “This code is to include manufactured and non-manufacture fire pits/boxes.” (9) Section 307.4 (Location) is amended by adding section 307.4.2.1: Section 307.4.2.1 Solid fuels are strictly prohibited for recreational fires. Exception: One- and two- family dwellings. (10) 308.1.4 (Open-flamed cooking devices) is amended by deleting the section including exceptions in its entirety and replacing with the following: 308.1.4 (Open-flame cooking devices) Charcoal burners, Liquefied-petroleum-gas fueled cooking devices, and other open- flamed cooking devices shall not be stored or operated on combustible balconies or within 10 feet (3048 mm) of combustible construction. (11) Section 501.4 (Timing of Installation) is amended by adding the following text at the end of the section: "There shall be no combustible, flammable or ignitable materials placed on site, lot or subdivision where waterlines, fire hydrants and/or all weather access roads capable of supporting emergency vehicles with an imposed load of at least 75,000 pounds as required by this code or other adopted code or ordinances are completed, accepted and in service." (12) Section 503.2.1 (Dimensions) is amended by replacing “13 feet 6 inches” with "14 feet". (13) Section 503.2.5 (Dead Ends) is amended by replacing “150 feet” with "100 feet". (14) Section 503.3 (Marking) is amended by deleting the section in its entirety and replacing with the following: Section 503.3 (Marking) The owner, manager, or person in charge of any building or property to which fire lanes have been approved or required by engineering shall mark and maintain said fire lanes in the following manner: All curbs and curb ends shall be painted red with four inch (4") white lettering stating "FIRE LANE - NO PARKING - TOW AWAY ZONE". Wording may not be spaced more than fifteen feet (15') apart. In areas where fire lanes are required but no continuous curb is available, one of the following methods shall be used, in conjunction with the curb markings, to indicate that the fire lane is continuous: Ordinance No. _________ Page 4 of 12 Option #1: A sign twelve inches (12") wide and eighteen inches (18") in height shall be mounted in a conspicuous location at each entrance to the property. (See Diagram No. 1 for specifications on colors and lettering.) Option #2: From the point the fire lane begins to the point the fire lane ends, including behind all parking spaces which adjoin a fir e lane, shall be marked with one continuous eight inch (8") red stripe painted on the drive surface behind the parking spaces. All curbing adjoining a fire lane must be painted red. Red stripes and curbs will contain the wording "FIRE LANE - NO PARKING- TOW AWAY ZONE", painted in four inch (4") white letters. ("Figure A" in Ordinance No 1630 illustrates striping on drive surface behind parking spaces.) In those cases where curb markings are not possible or where signs would in the Fire Official's opinion work more effectively, the Fire Marshal may require signs in lieu of curb markings. The use of the color red to mark or stripe any curb or parking area (other than fir e lanes) is prohibited within the City of College Station." (15). Section 503 is amended by adding Sections 503.3.1 (Fire Lane Signs; Tow-Away Zone Signs), 503.3.2 (Destruction of Fire Lane and Tow-Away Signs), 503.3.3 (Abandonment or Closing) and 503.3.4 (Authority Under Emergency Conditions) to read as follows: 503.3.1 (Fire Lane Signs; Tow-Away Zone Signs) The owner, manager, or person in charge of any building to which fire lanes have been approved by the Engineering Division shall post and maintain approp riate signs in conspicuous places along such fire lanes stating "No Parking - Fire Lane". Such signs shall be twelve inches (12") wide and eighteen inches (18") high, with a companion sign twelve inches (12") wide and six inches (6") high stating "Tow-Away Zone". Any "No Parking - Fire Lane" or "Tow-Away Zone" sign shall be painted on a white background with symbols, letters and border in red. Drawings and samples of such signs may be obtained from the Fire Department of the City of College Station. St andards for mounting, including but not limited to, the height above the grade at which such signs are to be mounted, shall be as adopted by the Fire Official of College Station. Section 503.3.2 (Destruction of Fire Lane or Tow-Away Signs) It is hereby unlawful for any person without lawful authority to attempt or in fact alter, destroy, deface, injure, knock down, or remove any sign designating a fire lane or tow - away zone erected under the terms of this code, or to deface a curb marking in any way. Section 503.3.3 (Abandonment or Closing) No owner, manager, or person in charge of any premises served by a required fire lane shall abandon or close such fire lane without written permission of the Fire Official of the City of College Station. Section 503.3.4 (Authority Under Emergency Conditions) The Fire Marshal is hereby authorized to establish fire lanes during any fire, and to exclude all persons other than those authorized to assist in extin guishing the fire or the owner or occupants of the burning property from within such lanes. (16). Section 503.4 (Obstruction of Fire Apparatus Access Roads) is amended by deleting the section in its entirety and replacing with the following: Section 503.4 (Obstruction of Fire Apparatus Access Roads) No person shall park, place, allow, permit, or cause to be parked, placed, any motor vehicle, trailer, boat, or similar obstruction within or upon an area designated as a fire lane and marked by an appropriate sign or curb marking. Ordinance No. _________ Page 5 of 12 (17). Section 503 (Fire Apparatus Access Roads) is amended by adding Sections 503.4.2 (Obstructing Fire Lanes) and 503.4.2 (Enforcement; Issuance of Citations; Impoundment of Obstructions) to read as follows: Section 503.4.2 (Obstructing Fire Lanes) Any motor vehicle, trailer, boat, or similar obstruction found parked within an area designated as a fire lane as required by this section is hereby declared a nuisance per se and any such motor vehicle, trailer, boat, or similar obstruction parked or unoccupied in such a manner as to obstruct in who le or in part any such fire lane shall be prima facie evidence that the registered owner unlawfully parked, placed, or permitted to be parked or placed such obstruction within a fire lane. The records of the State Highway Department or the County Highway License Department showing the name of the person to whom the Texas highway license or boat or trailer license is issued shall constitute prima facie evidence of ownership by the named persons. Section 503.4.3 (Enforcement; Issuance of Citations; Impoundm ent of Obstructions) The Fire Official or any member of the Fire Department designated by the Fire Offi cial, the Chief of Police, or any member of the Police Department designated by the Chief of Police are hereby authorized to issue parking citations fo r any motor vehicle, trailer, boat, or similar obstruction found parked or unattended in or upon a designated fire lane and may have such obstruction removed by towing it away. Such vehicle or obstruction may be redeemed by payment of the towage and storage charges at the owner's expense. No parking citations shall be voided nor shall the violator be relieved of any penalty assessed by a judge of the Municipal Court for any provision by the redemption of the obstruction from the storage facility.” (18) Section 505.1 (Address Identification) is amended by deleting the section in its entirety and replacing with the following: Section 505.1 (Address Identification) An official building number placed pursuant to this ordinance must be at least four inches (4") high, and have at least a one-half inch (1/2") stroke in the main body of the number, and be composed of a durable material and of a color which provides a contrast to the background. The number shall be mounted a minimum of thirty-six inches (36") and a maximum of thirty feet (30') in height measured from ground level. Buildings located more than fifty feet (50') from the curb of a street shall have numbers at least five inches (5") in height. For the purpose of this ordinance, durable mater ials for use in numbering shall include, but not be limited to wood, plastic, metal, weather-resistant paint, weather- resistant vinyl, or weather-resistant numbers designed for outside use on a glass surface. For single family residences, the requirement of this section may be met by providing two inch (2") high numbers on both sides of a U.S. mailbox located near the curb in front of the house, or a freestanding structure with numbers at least four inches (4") in height. (19) Section 505 (Premise Identification) is amended by adding Sections 505.1.1 (Building Complex Identification), 505.1.2 (Rear Access Identification), 505.1.3 (Alley Premise Identification) and 505.1.4 (Building Complex Diagrams) to read as follows: 505.1.1 (Building Complex Identification) A building complex composed of multiple structures shall have an official suite/unit number assigned to each building as well as a street address number. If there is sufficient street frontage, each unit or building may be assigned a separate offic ial street address number. The official street address number of each structure as designated by the Building Official must be prominently posted on the building so that it is visible from the nearest public street. Each number designated by the Building Official for each individual suite/unit must be conspicuously posted on the suite/unit. 505.1.2 (Rear Access Identification) Ordinance No. _________ Page 6 of 12 Commercial buildings with rear access shall also display the business name and designated street address and suite/unit number on the rear access door. 505.1.3 (Alley Premise Identification) Residential structures that provide for rear vehicular access from a dedicated public alley shall conspicuously post the designated numbers that comply with the size requirements above so that it is visible to the alley. 505.1.4 (Building Complex Diagrams) The owner of a building complex which contains an enclosed shopping mall shall submit to the Fire Official four (4) copies of diagrams accept able to the Fire Official of the entire complex, indicating the location and number of each business. When a change in a business name or location is made, the owner or manager of structure shall so advise the Fire Official in writing of the change. (20) Section 505.2 (Street or road signs) is amended by adding the following: 505.2.1 Street and road signs shall only be installed on streets or roadways that are approved through the platting process. (21) Section 507.5.1 (Where required) is amended by deleting the section in its entirety and replacing with the following: Section 507.5.1 (Where Required) Public fire hydrants of the City of College Station standard design shall be installed as part of the water distribution system for subdivisions and/or site developments. The Engineering Division shall approve the appropriate hydrant locations accessible to firefighting apparatus and within the maximum distances described in the following sections: (22) Section 507.5.2 (Inspection, Testing and Maintenance) is amended by deleting the section in its entirety and replacing with the following: Section 507.5.2 (Inspection, Testing and Maintenance) “Public fire hydrants shall be installed in single-family and duplex districts zoned R-1, R- 1A and R-2 at such locations that no part of any structure shall be more than five hundred feet (500') from a fire hydrant as measured along the right -of-way of a public street as the fire hose is laid off the fire truck.” (23) Section 507.5.3 (Private Fire Service Mains and Water Tanks) is amended by deleting the section in its entirety and replacing with the following: Section 507.5.3 (Private Fire Service Mains and Water Tanks) “Private fire hydrants shall be installed in districts other than singl e-family and duplex districts zoned R-1, R-1A or R-2 at such locations that no part of any structure, aboveground tanks or fueling stations, shall be more than three hundred feet (300') from a fire hydrant as measured along the right-of-way of a public street or along an approved fire lane as the fire hose is laid off the fire truck.” (24) Section 509.2 (Equipment Access) is amended by adding the following: “Access to the fire sprinkler riser must be on the exterior of the structure unless authorized by the fire code official or his designee” (25) Table 803.9 (Interior Wall and Ceiling Finish Requirements by Occupancy) is amended by deleting the existing text in footnote "d" and replacing it with the following: "Class A interior finish material shall be required in all areas of all assembly occupancies, whether fire sprinkler system is present or not, except as provided for in notes e and f below." Ordinance No. _________ Page 7 of 12 (26) Section 903.1 (General) is amended by adding the following text at the end of said section: “For the purpose of this section, the term “fire area” shall be replaced with “building area” (27) Section 903.2 (Where required) is amended by adding the following text at the end of the section: In addition to the requirements of this section, an automatic sprinkler system shall be provided throughout all new buildings and structures as follows: 1. Where the total building area exceeds 12,000 square feet in area. 2. Where the height exceeds two stories, regardless of area. (28) Section 903.2.1.6 (Assembly occupancies on roofs) is amended by deleting the exception in its entirety (29) Section 903.2.3 (Group E) is amended by deleting the exception in its entirety. (30) Section 903.2.4 (Group F-1) is amended by deleting item “2” and “3”. (31) Section 903.2.7 (Group M) #2 is amended by replacing "three stories above grade" with "two stories in height" and by deleting #3 in its entirety. (32) Section 903.2.8(Group R) is amended by deleting the section in its entirety. (33) Section 903.2.9 (Group S-1) is amended by replacing "three (3) stories above grade" with "two (2) stories above grade" in item "2" and by replacing "twenty-four thousand (24,000) square feet" with "twelve thousand (12,000) square feet" in item "3". (34) Section 903.2.10 (Group S-2 enclosed parking garage) is amended by deleting the exception in its entirety. (35) Section 907.5.2.3.1 (Visible alarms) is amended by deleting the exception and adding Section 907.5.2.3.1.1 to read as follows: Section 907.5.2.3.1.1 (Employee work areas) Where a fire alarm and detection system is required, employee work areas shall be provided with devices that provide audible and visible alarm notification. (36) Section 912.2 (Location) is amended by adding the following: Section 912.2.3 (Distance) Fire department connection shall not be located further than 100 feet from the fire hydrant measured by lay of hose from the engine. (37) Section 1004.2 (Increased occupant load) is amended by deleting the section in its entirety. (38) Section 1004.3 (Posting of occupant load) is amended by adding the following text to the end of said section: "For the purposes of this section, the occupant load shall be the number of occupants computed at the rate of one (1) occupant per unit of area as prescribed in Table 1004.1.2." (39) Section 1103 (Fire Safety Requirements for Existing Buildings) is amended by deleting this section in its entirety. (40) Section 2304.1 (Supervision of Dispensing) is amended by deleting the section in its entirety and replacing with the following: Ordinance No. _________ Page 8 of 12 Section 2304.1 (Supervision of Dispensing) The dispensing of flammable or combustible liquids into the fuel tank of a vehicle or into an approved container shall be under the supervision of a qualified attendant except service stations not open to the public. Such stations may be used by commercia l, industrial governmental or manufacturing establishments for fueling vehicles in connection with their business.” (41) Section 2304.3 (Unattended Self-Service Motor Fuel Dispensing Facilities) is amended by deleting the section in its entirety. (42) Section 2304.3.1 (General) is amended by deleting the section in its entirety. (43) Section 2304.3.2 (Dispensers) is amended by deleting the section in its entirety. (44) Section 2304.3.3 (Emergency Controls) is amended by deleting the section in its entirety. (45) Section 2304.3.4 (Operating Instructions) is amended by deleting the section in its entirety. (46) Section 2304.3.5 (Emergency Procedures) is amended by deleting the section in its entirety. (47) Section 2304.3.6 (Communications) is amended by deleting the section in its entirety. (48) Section 2304.3.7 (Quantity Limits) is amended by deleting the section in its entirety. (49) Section 5706.6.1.2 (Leaving Vehicle Unattended) is amended by deleting the section in its entirety and replacing with the following: Section 5706.6.1.2 (Leaving Vehicle Unattended) At no time while discharging flammable, combustible or ignitable liquids shall the driver or operator be out of sight and reach of the discharge valves. If at any time while discharging flammable, combustible or ignitable liquids, the driver or operator must leave the vehicle for any reason, he or she shall shut down all valves unt il his or her return and shall be totally responsible for any and all spillage. When the delivery hose is attached to the vehicle it is presumed to be discharging flammable, combustible or ignitable liquids. (50) Appendix D Section D103.4 (Dead Ends) and Table D103.4 are amended by replacing "150 feet" with "100 feet". C. AMENDMENTS TO NFPA LIFE SAFETY CODE: (1) Section 24.3.5.1 is amended by deleting the section in its entirety. (2) Section 43.6.4.1 is amended by deleting this section in its entirety and replacing with the following: Section 43.6.4.1 In a building with rehabilitation work areas involving over 50% of the aggregate building area an automatic fire sprinkler system shall be installed to the code applicable to new construction for this type of occupancy. (3) Section 43.6.4.2 is amended by deleting the section in its entirety. (4) Section 43.6.4.4 is amended by replacing “up to and including the highest rehabilitation work area floor” with “highest floor”. Sec.6-2 - Fire Limits. A. Area Limits Described. Ordinance No. _________ Page 9 of 12 The fire district referenced in any code or ordinance adopted by the City of College Station shall be construed to be the following described area. (1) (a) Beginning at the south corner of Farm Highway No. 60 and Old Highway No. 6, Block 8 Boyett Addition; Thence northeast along center of Farm Highway No. 60 through Blocks 8,1, and 2 to east corner of Tauber Street and Farm Highway No. 60; Thence northwest approximately one hundred eighty-nine feet (189'); Thence southwest to east corner of Block 1, Lot 21, to corner of Main and Patricia Streets; Thence northwest approximately fifty feet (50'); Thence southwest approximately one hundred ninety feet (190') which includes Lots 21 to 26 inclusive, also Block 1, Boyett Addition; Thence northwest approximately one hundred fifty feet (150') to the Church Avenue; Thence southwest approximately fifty-two feet (52') to Patricia Street which includes Lots 18 to 27 and 28, Block 1, Boyett Addition; Thence southwest on Patricia Street to Old Highway No. 6; Thence southeast approximately two hundred feet (200') along center of Old Highway No. 6 to the place of beginning. (b) Save and except the area described as follows: Beginning at the intersection of the northwest right-of-way line of the University Drive and the northeast right-of-way line of Boyett Street; Thence northwest along the northeast right-of-way line of Boyett Street to the southeast right-of-way line of Patricia Street. Thence northeast along the southeast right-of-way line of Patricia Street approximately two hundred thirty-five feet (235'); Thence southeast through Lot. No. 11, Block No. 1, Boyett addition, twenty-five feet (25') from and parallel to the line between Lot No. 11 and Lot No. 12 to the northwest right-of-way line of University Drive; Thence southwest along the northwest right-of-way line of University Drive to the place of beginning and being all of Lot No. 13, all of Lot No. 12, and the southwest twenty-five feet (25') of Lot No. 11, Block No. 1, Boyett Addition. (2) Beginning at the corner of George Bush Drive and Montclair Street, Block 8, West Park Addition; Thence southwest along centerline to Highlands Street, which includes Lots 1 to 13 inclusive; Thence southeast along centerline of Highlands Street, one hundred feet (100') to alley; Thence northeast to east corner of Lot No. 1, Block No. 8, Montclair Avenue; Thence northwest one hundred feet (100') to place of beginning. B. FIRE MARSHAL TO INVESTIGATE ALL FIRE Ordinance No. _________ Page 10 of 12 The Fire Marshal shall investigate the cause, origin, and circumstances of every fire occurring within this city by which property has been destroyed or damaged, and shall especially make investigation as to whether such fire was the result of carelessness or design. Su ch investigation shall begin within twenty-four (24 ) hours, not including Sunday, of the occur rence of such fire. The Fire Marshal shall keep in his office a record of all fires together with all facts, statistics, and circumstances, including the origin of the fires and the amount of the loss, which may be determined by the investigation required by this section. C. FIRE MARSHAL TO TAKE TESTIMONY AND FURNISH EVIDENCE The Fire Marshal, when in his opinion further investigation is necessary, shall tak e or cause to be taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing; and if he shall be of the op inion that there is evidence sufficient to charge any person with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, he shall cause such person to be lawfully arrested and charged with such offense or either of them, and shall furnish to the proper prosecuting attorney all such evidence, together with the names of witnesses and all of the information obtained by him, including a copy of all pertinent and mater ial testimony taken in the case. D. MARSHAL TO SUMMON WITNESSES The Fire Marshal shall have the power to summons witnesses before him to testify in relation to any matter which is by the provisions of this section a subject of inquiry and investigation, and may require the production of any book, paper, or document deemed pertinent thereto. The said Fire Marshal is hereby authorized and empowered to administer oaths and affirm to any persons appearing as witnesses before him. E. UNLAWFUL TO DISOBEY ANY LAWFUL ORDER OF FIRE MARSHAL Any witness who refuses to be sworn, or who refuses to appear to testify, or who disobeys any lawful order of said Fire Marshal, or who fails or refuses to produce any book, paper, or document touching any matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings of the Fire Marshal in the matter of said investigation or inquiry, after being summonsed to give testimony in relation to any matter under investi gation as aforesaid, shall be deemed guilty of a misdemeanor; and it shall be the duty of the Fire Marshal to cause all such offenders to be prosecuted. Provided, however, that any person so convicted shall have the right of appeal. Upon conviction, such person shall be punished in accordance with Chapter 1, Section 5 of this Code of Ordinances. F. INVESTIGATIONS BY FIRE MARSHAL MAY BE PRIVATE All investigations held by or under the direction of the Fire Marshal may, in his discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. G. FIRE MARSHAL MAY ENTER BUILDINGS WHERE FIRE HAS OCCURRED The Fire Marshal shall have the authority at all times of day or night, when necessary, in the performance to the duties imposed upon him by the provisions of this section, to enter upon and examine any building and premises adjoining or near the same, which authority shall be exercised only with reason and good discretion. H. FIRE MARSHAL TO MAKE PERIODIC INSPECTIONS AND REPORTS, AGGRIEVED PERSONS MAY APPEAL The Fire Marshal, upon complaint of any person having an interest in any building or property adjacent and without any complaint, shall have a right at all reasonable hours, for the purpose of examination, to enter into and upon all buildings and premises within the city, and it shall be his Ordinance No. _________ Page 11 of 12 duty, to enter upon and make or cause to be entered and made, a thorough examination of all mercantile, manufacturing, and public buildings, together with the prem ises belonging thereto. Whenever he shall find any building or other structure which, for want of repair, or by re ason of age, or dilapidated condition, or for any cause, is especially liable to fire, he shall order the same to be removed or remedied, and such order shall be forthwith complied with by the owner or occupant of said building or premises. Provided, however, that if said owner or occupant deems himself aggrieved by such order, he may, within five (5) days, appeal to the Construction Board of Adjustments and Appeals, who shall investigate the cause of the complaint and unless by his authority the order is revoked, such order shall remain in force and be forth with complied with by said owner or occupant. I. UNLAWFUL TO MAINTAIN FIRE HAZARDS Any owner or occupant of a building or other structure or premises, who shall keep or main tain the same when, for want of repair, or by reason of age or dilapidated condition, or for any cause, it is especially liable to fire and which is so situated as to endanger buildings or property of others, or is especially liable to fire and which is so occupied that fire would endanger other persons or their property therein, shall, upon conviction, be punished in accordance with Chapter 1, Section 5 of this Code of Ordinances. J. OWNERS WHO MAINTAIN HAZARDS GUILTY OF MISDEMEANOR Any owner or occupant of any building, structure, or other premises, who shall keep or maintain the same with an improper arrangement of a stove, range, furnace, or other heating appliance of any kind whatever, including chimneys, flues, and pipes with which the same may be connected so as to be dangerous in the matter of fire, or health, or safety of persons or property of others; or who shall keep or maintain any building, other structure, or premises with any improper arrangement of a lighting device or system, or with a storage of explo sives, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes, combustibles, inflammable materials, refuse, or with any other condition which shall be dangerous in character to the persons, health, or property of others; or which shall be dangerous in the matter of promoting, augmenting, or causing fires; or which shall create conditions dangerous to firemen or occupants of such building, structure, or premises other than the maintainer thereof, shall be punished in accordance with Chapter 1, Section 5 of this Code of Ordinances. K. VIOLATORS TO BE NOTIFIED BEFORE PROSECUTION No prosecution shall be brought under Subsections I and J of this section until the order provided for in Subsection H be given and the party notified shall fail or refuse to comply with the same. L. RECOVERY OF PENALTIES The penalties provided for herein shall be recovered by the City in the same manner as provided by law for the enforcement of fines, forfeitures, and punishments for offenses against the city. Ordinance No. _________ Page 12 of 12 Sec. 6-3. - Arson Reward. A. AMOUNT AUTHORIZED The Mayor of the City of College Station is hereby authorized and empowered to offer a reward of not less than Two Hundred Fifty Dollars ($250.00) payable to the person or persons who shall be responsible for the arrest and conviction of any person committing in said city the crime of arson as same is defined by the Penal Code of the State of Texas. B. PROCEDURE FOR PAYMENT Whenever the Mayor shall be informed that any fire occurring in said city was of an incend iary origin, he shall call for a report of same by the City Fire Marshal, and if said Fire Marshal shall report that such fire was caused by the commission of the crime of arson, it shall become the duty of said Mayor to offer the reward above described, which reward shall be in the form of a proclamation duly issued by said Mayor under his official signature and attested by the seal of the city, and shall be posted up in a conspicuous place, one (1) of which shall be at the city office in said city in accordance with the regulations of the Texas Fire Insurance Department. Upon the information being given by any person who shall cause the arrest and conviction of such persons so guilty of a specific crime of arson for which said reward shall be offered, a nd after the indictment of said person or persons, the person so giving such information shall be entitled to receive from said city such reward. Section 6-4. – Emergency and rescue services. A. The City Council of the City of College Station recognizes and supports the practice of College Station Fire Department to bill persons and entities, including insurance companies providing coverage to said persons and entities, for the reasonable costs that are related and incidental to any loss, damage, and wear to College Station Fire Department apparatus, tools, equipment, and materials utilized to provide the emergency services to said persons and entities. B. Fees shall be collected for services provided within the College Station Fire Department designated response area that includes both inside and outside the City limits. Fees will not exceed the amount expended by the College Station Fire Department. Fire Administration shall collect applicable incident report information that will be forwarded to the College Station Fire Department's authorized agent responsible for collection of any incurred fees. C. The College Station Fire Department, or its authorized agent, shall submit an invoice to the appropriate insurance company, person, or entity covering or responsible for the particular expenses as related to the emergency services provided. D. If it can be reliably determined that there is no applicable insurance coverage for the emergency and rescue services provided by the College Station Fire Department, or if the emergency and rescue services were provided as a result of negligent and/or malicious act(s) or risky behavior on part of the recipient, then the City may hold responsible the person or entity that received said emergency services for the costs. Sec.6-5. – Burn ban. A. BRAZOS COUNTY ISSUANCE OF A BURN BAN Upon the issuance of a burn ban by Brazos County the City of College Station will assume the burn ban for the same timeframe. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0718 Name:Multi-Family Park Land Dedication Status:Type:Unified Development Ordinance Agenda Ready File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, “Unified Development Ordinance,” Article 8 “Subdivision Design and Improvements,” Section 8.8 “Requirements for Park Land Dedication,” Appendix I “Park Land Dedication and Development Fees” of the Code of Ordinances of the City of College Station, Texas, regarding multi- family parkland dedication. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Redlined Appendix I Ordinance.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, “Unified Development Ordinance,” Article 8 “Subdivision Design and Improvements,” Section 8.8 “Requirements for Park Land Dedication,” Appendix I “Park Land Dedication and Development Fees” of the Code of Ordinances of the City of College Station, Texas, regarding multi- family parkland dedication. Relationship to Strategic Goals: ·Financially Sustainable City Recommendation(s): The Planning & Zoning Commission considered this item at their November 19, 2015 meeting and recommended approval. Staff also recommends approval of the amendment. Summary:During the development of the multi-family zoning districts,development community stakeholders identified several potential ordinance amendments aimed at “leveling the playing field” for multi-family developments,including parkland dedication assessment on a per bedroom basis. The Planning &Zoning Commission and Parks and Recreation Board met in October in a joint workshop and directed staff to move forward with a potential ordinance amendment that would remove the ordinance bias toward multi-bedroom dwelling units. The current parkland dedication requirement is based on several assumptions including a desired level of service,the average cost to purchase and develop parkland,and the average persons per household (2.38 persons),as determined by the 2010 Census.Currently,parkland dedication fees are assessed based on the number of dwelling units in a multi-family project,regardless of the total number of bedrooms.With a “by-the-dwelling-unit”assessment,all multi-family units have the same parkland dedication requirement.Multi-family developers constructing units that have fewer College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0718,Version:1 parkland dedication requirement.Multi-family developers constructing units that have fewer bedrooms than the Census average pay more per bedroom than the multi-family developers that construct units that have more bedrooms than the Census average. The proposed amendment affects Unified Development Ordinance Section 12-8.8 “Requirements for Park Land Dedication”by amending Appendix I “Park Land Dedication and Development Fees.” Since the current fees were established assuming an average of 2.38 persons per household (Census Bureau),the amendment assumes that the previous “per dwelling unit”requirement can be divided by 2.38 resulting in a “per person”or “per bedroom”fee for multi-family projects.Both land dedication and fee-in-lieu of land dedication requirements are proposed to be amended. Budget & Financial Summary: N/A Attachments: 1.Redlined Changes 2.Ordinance College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ Subdivision Design and Improvements Sec. 12-8.8 Requirements for Park Land Dedication APPENDIX I. PARK LAND DEDICATION AND DEVELOPMENT FEES I. Neighborhood and Community Parks. A. Dedication Requirements for Neighborhood Parks. 1. Land dedication per Dwelling Unit (DU). Single-family: One (1) Acre per 117 Dwelling Units (DU) DUs Multi-Family: One (1) Acre per 117 Dus 49 bedrooms (BR) 2. Fee in lieu of land dedication per Dwelling Unit (DU). Single-family: $274.00 per Dwelling Unit (DU) DU Multi-Family: $274.00 $115.00 per DU Bedroom (BR) 3. Park development fee per Dwelling Unit (DU). Single-family: $362.00 per Dwelling Unit (DU) DU Multi-Family: $362.00 $152.00 per DU Bedroom (BR) 4. Total neighborhood park fees per Dwelling Unit (DU). Single-family: $636.00 per DU Dwelling Unit (DU) Multi-Family: $636.00 $267.00 per DU Bedroom (BR) B. Dedication Requirements for Community Parks. 1. Land dedication per Dwelling Unit (DU). Single-family: One (1) Acre per 128 Dwelling Units (DU) DUs Multi-Family: One (1) Acre per 128 DUs 53 Bedrooms (BR) 2. Fee in lieu of land dedication per Dwelling Unit (DU). Single-family: $250.00 per Dwelling Unit (DU) DU Multi-Family: $250.00 $105.00 per DU Bedroom (BR) 3. Park development fee per Dwelling Unit (DU). Single-family: $375.00 per Dwelling Unit (DU) DU Multi-Family: $750.00 $315.00 per DU Bedroom (BR) 4. Total community park fees per Dwelling Unit (DU). Single-family: $625.00 per Dwelling Unit (DU) DU Multi-Family: $1,000.00 $420.00 per DU Bedroom (BR) ORDINANCE NO. ____________ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 8 “SUBDIVISION DESIGN AND IMPROVEMENTS,” SECTION 8.8 “REQUIREMENTS FOR PARK LAND DEDICATION,” APPENDIX I “PARK LAND DEDICATION AND DEVELOPMENT FEES” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, REGARDING MULTI-FAMILY PARK LAND DEDICATION., 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 12, “Unified Development Ordinance,” Article 8 “Subdivision Design And Improvements,” Section 8.8 “Requirements For Park Land Dedication,” Appendix I “Park Land Dedication And Development Fees” 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 affect 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. Ordinance No. Page 2 of 4 PASSED, ADOPTED and APPROVED this 10th day of December, 2015. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No. Page 3 of 4 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Article 8 “Subdivision Design And Improvements,” Section 8.8 “Requirements For Park Land Dedication,” Appendix I “Park Land Dedication And Development Fees” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 12-8.8 Requirements for Park Land Dedication APPENDIX I. PARK LAND DEDICATION AND DEVELOPMENT FEES I. Neighborhood and Community Parks. A. Dedication Requirements for Neighborhood Parks. 1. Land dedication. Single-family: One (1) Acre per 117 Dwelling Units (DU) Multi-Family: One (1) Acre per 49 bedrooms (BR) 2. Fee in lieu of land dedication. Single-family: $274.00 per Dwelling Unit (DU) Multi-Family: $115.00 per Bedroom (BR) 3. Park development fee. Single-family: $362.00 per Dwelling Unit (DU) Multi-Family: $152.00 per Bedroom (BR) 4. Total neighborhood park fees. Single-family: $636.00 per Dwelling Unit (DU) Multi-Family: $267.00 per Bedroom (BR) B. Dedication Requirements for Community Parks. 1. Land dedication. Single-family: One (1) Acre per 128 Dwelling Units (DU) Multi-Family: One (1) Acre per 53 Bedrooms (BR) 2. Fee in lieu of land dedication. Single-family: $250.00 per Dwelling Unit (DU) Multi-Family: $105.00 per Bedroom (BR) Ordinance No. Page 4 of 4 3. Park development fee. Single-family: $375.00 per Dwelling Unit (DU) Multi-Family: $315.00 per Bedroom (BR) 4. Total community park fees. Single-family: $625.00 per Dwelling Unit (DU) Multi-Family: $420.00 per Bedroom (BR) City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:215-0733 Name:Comprehensive Plan Amendment for Chapter 6 - Transportation and the Bicycle, Pedestrian, and Greenways Master Plan Status:Type:Comprehensive Plan Agenda Ready File created:In control:11/25/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the College Station Comprehensive Plan by Amending Chapter 6 "Transportation" and certain maps within the "Bicycle, Pedestrian, and Greenways Master Plan" updating and streamlining information relating to transportation. Sponsors:Alan Gibbs Indexes: Code sections: Attachments:ORD Thoroughfare amend FINAL.pdf EXHIBIT B-1.pdf EXHIBIT B-2.pdf EXHIBIT B-3.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the College Station Comprehensive Plan by Amending Chapter 6 "Transportation" and certain maps within the "Bicycle, Pedestrian, and Greenways Master Plan" updating and streamlining information relating to transportation. Relationship to Strategic Goals: (Select all that apply) ·Improving Mobility Recommendation(s): The Planning and Zoning Commission considered this item at their November 5, 2015 meeting and voted 4-0 to recommend approval of the Comprehensive Plan Amendment with the condition that the proposed Luther Street thoroughfare extension from Harvey Mitchell Parkway to Dowling Road not be included. The Bicycle, Pedestrian and Greenways Advisory Board considered this item at their October 5, 2015 and voted 4-0 to recommend approval of the amendment. Staff recommends approval with the condition that the proposed Luther Street thoroughfare extension from Harvey Mitchell Parkway to Doweling Road not be included. Summary: The City of College Station’s Comprehensive Plan was originally adopted in 2009,followed by the Five-Year Evaluation in 2014.As part of the evaluation process,several items in Chapter 6- Transportation were identified to be updated.In October 2014,Kimley-Horn and Associates,Inc. were hired by the City of College Station to complete these updates. College Station, TX Printed on 12/7/2015Page 1 of 3 powered by Legistar™ File #:15-0733,Version:2 The updates to Chapter 6- Transportation include: -Updating Thoroughfare Plan and Context Zones -Amending Complete Streets and Context Sensitive Solutions Process -Updating Context-Sensitive Cross-Sections -Updates to Chapter 6-Transportation Maps:Volumes,Level of Service and Programmed Projects The update to the Bicycle, Pedestrian, and Greenways Master Plan include: -Amending Maps 5.4 and 5.5 The Unified Development Ordinance provides the following review criteria for Comprehensive Plan Amendments: REVIEW CRITERIA 1.Changed or changing conditions in the subject area or the City:The City of College Station’s Comprehensive Plan was originally adopted in 2009, followed by the Five-Year Evaluation in 2014. As part of the evaluation process, several items in Chapter 6-Transportation were identified to updated. As a result of these updates to Chapter 6- Transportation, the Bicycle, Pedestrian and Greenways Master Plan will also need to be amended. 2.Scope of the request:The amendment to Chapter 6- Transportation include an updated Thoroughfare Plan with Context Zones, a Complete Street and Context Sensitive Solutions Process, Updated Context-Sensitive Cross-Sections, and updated Chapter 6- Transportation Maps. 3.Availability of adequate information:Kimley Horn and Associates were hired in October 2014 to update the City’s TransCAD transportation model. The updated model supports the proposed changes. 4.Consistency with the goals and strategies set forth in the Plan:This amendment is consistent with the Comprehensive Plan as it promotes a safe, efficient, and well-connected multi- model transportation designed to be sensitive to surrounding land uses. 5.Consideration of the Thoroughfare Plan and Bicycle, Pedestrian and Greenways Master Plan:An amendment to the Bicycle, Pedestrian and Greenways Master Plan is also included in this Comprehensive Plan amendment, as some of the changes impact location of sidewalks and bike lanes. The Bicycle, Pedestrian and Greenways Advisory Board recommended approval of this amendment at their October 5th meeting. 6.Compatibility with the surrounding area:The Context Zones proposed with this amendment would allow for roadways to be designed to be more compatible with the surrounding areas. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network:There will be no impacts with regard to water, wastewater and drainage. This amendment will update the City’s transportation plan to ensure adequate transportation facilities within the planning horizon. College Station, TX Printed on 12/7/2015Page 2 of 3 powered by Legistar™ File #:15-0733,Version:2 8.Impact on the City’s ability to provide, fund, and maintain services:There will be no funding impacts to the City. 9.Impact on environmentally sensitive and natural areas:Any environmental impacts would need to be evaluated as part of any future roadway projects. 10.Contribution to the overall direction and character of the community as captured in the Plan’s vision and goals:This amendment enhances the Plan’s vision and goals by updating the City’s transportation plans to ensure adequate transportation facilities in the future within the planning horizon. Budget & Financial Summary: N/A Legal review: yes Attachments: 1.Ordinance 2.Exhibit B-1 3.Exhibit B-2 4.Exhibit B-3 College Station, TX Printed on 12/7/2015Page 3 of 3 powered by Legistar™ 986946c0-196e-49bd-84a2-8fc962dd599e.docx ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING CHAPTER 6 “TRANSPORTATION” AND CERTAIN MAPS WITHIN THE “BICYCLE, PEDESTRIAN, AND GREENWAYS MASTER PLAN;” UPDATING AND STREAMLINING PRESENTATION OF INFORMATION RELATING TO TRANSPORTATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding new subsections C.1.b, C.4.i and C.5.b to Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof for all purposes. PART 2: That the “Comprehensive Plan of the City of College Station” is hereby amended by deleting Chapter 6/Transportation thereof and substituting therefor a new Chapter 6/Transportation as set out in Exhibit “B” attached hereto and made a part hereof for all purposes. PART 3: That the “Comprehensive Plan of the City of College Station” is hereby amended by amending Map 5.4 “Proposed Bicycle Facilities and Map,” and Map 5.5 “Proposed Pedestrian Facilities” of the Bicycle, Pedestrian, and Greenways Master Plan dated January 2010 to maintain the alignment of said facilities shown on said maps with the changes made to the alignment of streets as shown on the Thoroughfare Plan Map 6.1 in Chapter 6/Transportation as amended in this Ordinance. PART 4: 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 5: 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 10th day of December, 2015. ORDINANCE NO.___________ Page 2 of 6 ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.___________ Page 3 of 6 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding new subsections C.1.b, C.4.i and C.5.b to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and ORDINANCE NO.___________ Page 4 of 6 18. South Knoll Area Neighborhood Plan dated September 2013. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities with this ordinance, dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 2015-3670, dated July 9, 2015. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Updates to Maps within new Chapter 6 of the College Station Comprehensive Plan - with this ordinance, dated December 10, 2015. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015. b. Updates to Maps 5.4 and 5.5 - with this ordinance, dated December 10, 2015. D. General ORDINANCE NO.___________ Page 5 of 6 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.___________ Page 6 of 6 EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by deleting Chapter 6/Transportation thereof and substituting therefor a new Chapter 6/Transportation to provide in its entirety as follows: 6 6 -1 College Station Comprehensive Plan T RANSPORTATION As Amended 12-10-15 The economic vitality, character, and identity of College Station depend, in part, upon a well-connected transportation system. College Station requires a transportation system that provides mobility in the face of ever-increasing population and traffic. Residents seek a system that responds to this mobility challenge in an integrated and context sensitive manner. Facilities should accommodate automobiles, transit, bicycles, and pedestrians, furthering the City’s efforts to promote positive community character and identity. Residents have voiced their support for a transportation network that better manages congestion; offers more travel options and choices; and is sensitive to the neighborhoods, natural areas, and districts. The challenges facing the current transportation system demand strategic thought about how College Station plans land uses, designs projects, and makes the system more bike friendly and walkable. It is also necessary that significant expenditures be made to add capacity to our existing roadways and to build new streets. The City must also keep planning for to ensure adequate right-of-ways exist to accommodate the needs of future generations, while not compromising future transportation options. Developing a successful transportation plan requires a thorough understanding of current conditions, opportunities, challenges, and preferred outcomes. PURPOSE The purpose of this chapter is to ensure orderly and integrated development of the community’s transportation network, considering not only facilities for automobiles, but also transit, bicycles, and pedestrians. This chapter includes the Thoroughfare Plan, identifying the network’s roadway needs for the next 20 years. It also includes an overview of the planning considerations associated with the City’s transportation needs and a discussion of context sensitive solutions. It also serves as the foundation for the Bicycle, Pedestrian, and Greenways Master Plan. Finally, there is the identification of strategies and action recommendations that will facilitate the development of the transportation system. EXISTING MOBILITY Street Network The thoroughfare network in College Station and its Extraterritorial Jurisdiction consists of more than 200 miles of existing streets. The freeways and a By living in a growing university community, College Station residents have mobility options beyond the private automobile, including designated bike routes, an extensive sidewalk network, and local transit services. 6 -2 College Station Comprehensive Plan Transportation| As Amended 12-10-15 majority of the arterial streets are part of the Texas Department of Transportation system, with the remainder planned, built, and maintained by the City and Brazos County. Many of the freeway and arterial streets have seen dramatic increases in traffic volumes over the past decade, necessitating substantial capacity improvement projects, such as the widening of Texas Avenue, interchange improvement on State Highway 6, and improvements on Wellborn Road (FM 2154) and Harvey Mitchell Parkway (FM 2818). Current traffic counts on various roadways across the community are displayed in Map 6.1, Existing Traffic Volumes. Increases in traffic volumes have resulted in peak hour congestion along certain corridors and at specific intersections. These hotspots are dispersed throughout the City, but tend to be found most often where two high-volume roadways intersect. In addition to increases in traffic volume, intersection design, traffic signal operations, driveway locations, and adjacent land uses each contribute to the decreased service levels in these hotspots. The College Station: Existing Conditions report, prepared to accompany this Plan, provides detailed information about the current thoroughfare network. The level of service on area roadways in 2007 is displayed in Map 6.2, 2007 Level of Service. Transit A variety of organizations provide transit service in College Station, with the primary provider being Texas A&M University. Other providers include The District and the Brazos Valley Area Agency on Aging. Additionally, the College Station Independent School District operates a large fleet of buses used to transport students to and from its schools. Texas A&M University has operated a transit system for students, employees, and on-campus visitors since 1982. The system currently consists of 95 buses operating 13 off-campus routes in the cities of Bryan and College Station, every day of the week. In addition to these fixed off-campus routes, the system also includes seven on-campus routes, a door-to-door shuttle service for disabled students and employees, an airport shuttle between campus and Easterwood Airport, and charter services. During home football games, special game day transportation is provided, shuttling riders between the campus and park-and-ride lots located at Post Oak Mall. Based on the latest available data, the daily ridership on the fixed off-campus routes averaged more than 18,000 passengers and on-campus routes averaged nearly 15,000 passengers (2004). The District, first established as the Brazos Transit System, has operated transit routes for the general public since 1982. Services extend across a 16-county area in southeastern Texas. The system currently operates eight fixed-routes in the cities of Bryan and College Station, Monday 6 -3 College Station Comprehensive Plan As Amended 12-10-15 | Transportation through Friday. In addition to these fixed-routes, the system also includes limited door-to-door services for elderly and disabled residents and demand response (by schedule) door-to-door services, with a preference to persons with medical appointments. Based on the latest available data, the annual ridership for the system in the cities of Bryan and College Station was more than 270,000 passengers (2001). Map 6.3, Existing Transit Routes, displays the existing bus transit routes in College Station and Bryan. The Brazos Valley Area Agency on Aging operates a demand response (by schedule) door-to-door service for elderly residents of College Station with a preference to persons with medical appointments. This service is coordinated through the Brazos Valley Council of Governments. The College Station Independent School District operates a fleet of 48 buses, including eight buses designed and used for special needs. Currently, the system consists of 42 routes serving 12 schools and more than 2,500 of the 9,000 students enrolled in the district. Bicycle and Pedestrian Facilities College Station currently accommodates bicyclists by on-street bike lanes, off-street multi-use paths, and signed bicycle routes. Pedestrians MAP 6.3 Existing Transit Routes SOURCE: City of College Station 6 -4 College Station Comprehensive Plan Transportation| As Amended 12-10-15 are accommodated by a network of sidewalks and multi-use paths. Over the past couple of decades, the City has adopted a series of master plans addressing the bicycle and pedestrian needs of the community. Each of these plans has initiated actions and funding approvals by residents, resulting in 32 miles of on-road bike lanes, three miles of off-road multi-use paths, 50 miles of signed bicycle routes, and 106 miles of sidewalks dispersed throughout the City. Texas A&M University has a similar network, facilitating bicycle and pedestrian movements on campus. Aviation Easterwood Airport connects the City of College Station to other metropolitan areas of Texas and the Nation. The airport has been owned and operated by Texas A& M University since 1938 and is served by two commercial airlines, as well as offering general aviation services. The airport encompasses nearly 700 acres, including three runways – one primary and two crosswind runways. The airport includes a passenger terminal constructed in 1990 and recently remodeled, as well as a general aviation terminal remodeled in 1994. Recent data (2005) indicates the airport had total aircraft operations of more than 60,000, with more than 60% of the operations involving general aviation aircraft. In 2008, the airport served more than 150,000 passengers through commercial operations, slightly fewer than the numbers served in the preceding year. Pending Projects The City of College Station and other regional transportation providers, through partnership with the Bryan-College Station Metropolitan Planning Organization, have identified transportation projects needed to meet increasing demands. These projects are identified in a number of plans and studies, but most important are those projects identified in the City’s Capital Improvements Program, the City’s most recent bond approval, the State’s Transportation Improvement Program, and the Metropolitan Planning Organization’s Transportation Improvement Program. These documents identify projects that have funding either authorized or appropriated for land acquisition, design, and construction, and are therefore imminent. Projects on these lists include the following: • State Highway 6 ramp and interchange improvements; • Barron Road - State Highway 6 interchange construction; • Barron Road widening; • William D. Fitch Parkway widening; • FM 2154 and FM 2818 grade separation; • Bee Creek Trail design and construction; 6 -5 College Station Comprehensive Plan As Amended 12-10-15 | Transportation • Spring Creek Trail design and construction; and, • Texas A&M University bus system improvements. For a complete list and project details, consult the documents previously referenced. PLANNING CONSIDERATIONS Future Conditions With the population projected to increase by approximately 40,000 persons by 2030, traffic, too, is expected to increase substantially. With increased traffic comes the potential for increased congestion and degradation of levels of service. However, this growth will also increase the demand for pedestrian, bicycle, and transit facilities. A travel demand model was prepared for this Plan, in the manner depicted in Figure 6.1, Activities Analyzed by Travel Demand Model, using projected population and employment growth based on the Future Land Use & Character map. The model was used to aid in the determination of the transportation network needs, to refine the Future Land Use & Character map, and for identification and prioritization of the recommended capital expenditures. Without significant investments in new and expanded roadways, pedestrian and bicycle facilities, and transit, the estimated travel demand will result in increased congestion and a degradation of level of service in numerous locations. To be successful, transportation investments must be accompanied by significant increases in transit ridership and the reduction of vehicle trip and travel distance through better land use planning, increased use of bicycles, and improved walkability. Map 6.4, 2030 Lanes with Programmed Projects, displays the number of lanes required to accommodate the projected traffic volumes in 2030. Map 6.5, 2030 Traffic Volumes with Programmed Projects, displays the projected traffic volumes on College Station roadways in 2030. Regional Transportation Network The City of College Station is only one of many entities involved in the planning, construction, and operation of transportation facilities. The Bryan-College Station Metropolitan Planning Agency, the Brazos Valley Council of Governments, and the Texas Department of Transportation each have their own role in transportation planning, funding, FIGURE 6.1 Activities Analyzed by Travel Demand Model 6 -6 College Station Comprehensive Plan Transportation| As Amended 12-10-15 construction, and maintenance. The Metropolitan Planning Organization serves as the regional partnership that coordinates regional transportation planning and manages federal transportation funding that comes to the region. The Organization maintains the region’s Metropolitan Transportation Plan and the Transportation Improvement Program. The Brazos Valley Council of Governments is a regional partnership focused on a variety of topics of importance to its members. The Council is involved in planning for and operating transit services for the elderly through the Area Agency on Aging. The Council also assists the City in its involvement with the Texas High Speed Rail Initiative and the establishment of a regional mobility authority. The Texas Department of Transportation is responsible for planning, constructing, and operating most of the City’s primary mobility corridors, including State Highway 6, Harvey Road (State Highway 30), William D. Fitch (State Highway 40), Harvey Mitchell Parkway (FM 2818), Wellborn Road (FM 2154), and Texas Avenue. The Department also partners with the City to enhance landscaping within State highway rights-of-way, bicycle facilities funding, and railroad crossing safety improvements. It is critical that transportation planning in the City be coordinated with each of these partners so that the City’s transportation system supports the mobility needs of the region. Transit Transit will need to play an increasing role in the City’s transportation system in order to provide travel choices and minimize expenses in expanding roadway capacity. While providing valuable services and congestion relief today, the fragmented and limited system of current transit services will not be sufficient to meet future needs. The City is a partner in the Texas High Speed Rail Initiative which, if constructed, would provide high-speed commuter rail services to College Station, connecting it to the major metropolitan areas of eastern Texas. Bicycle and Pedestrian Facilities Expanded bicycle and pedestrian facilities, as part of an integrated multi-modal transportation network, needs to offer alternatives to vehicular travel and aid in reducing the vehicle miles traveled, and thus the costs associated with extensive roadway expansion. Aviation Continued modernization of Easterwood Airport and protection from incompatible land uses are essential to the long-term viability of airport operations. The presence of commercial airline service adds a critical and valuable element to both the City’s transportation network and to its competitive advantage over other areas in the region. 6 -7 College Station Comprehensive Plan As Amended 12-10-15 | Transportation Connectivity Poor transportation connectivity can degrade the overall efficiency of the transportation network as the majority of trips are funneled to a few corridors. Connectivity in College Station is limited, especially where constrained by natural features, such as floodplains. Neighborhood opposition and development oriented around cul-de-sacs has limited connectivity in the City. Future transportation system effectiveness necessitates improved connectivity to facilitate multiple routes to move traffic to and from destinations. Otherwise, traffic congestion will increase and will increasingly push additional traffic through neighborhoods. Increased connectivity must be balanced with resource protection and neighborhood concerns. Connectivity with and to each of the travel modes is crucial to future accessibility and mobility. Context sensitive design and traffic calming measures are essential components of any effort at increased connectivity. Extraterritorial Jurisdiction This Plan proposes a land use pattern and growth management efforts that, if successful, will minimize the amount and intensity of development occurring in the Extraterritorial Jurisdiction. Still, the Extraterritorial Jurisdiction will continue to see some level of development. It will also continue to expand in size through annexation and should therefore be connected to the rest of the planning jurisdiction. It is essential, though not currently necessary for capacity, that the Thoroughfare Plan in the Extraterritorial Jurisdiction ensure the reservation of adequate rights-of-way in a pattern that is dense enough to provide connectivity through the area beyond this planning horizon. Relationship to Land Use Pattern A very close relationship exists between the transportation network and the land use pattern. For example, high-volume six-lane roads, designed exclusively for the private automobile, tend to attract uses such as big-box retail and large apartment complexes, while repelling other land uses such as single-family homes. In a similar manner, land uses arranged in a mixed-use, dense pattern can reduce the frequency and length of vehicular trips, and if designed properly, can promote walking, biking, and transit use, therefore reducing the demand placed on the street network. The Concept Map and Future Land Use & Character map define an approach to land use planning and design that, when combined with the proposed context sensitive solutions approach, will strengthen the transportation-land use relationship in a positive manner. 6 -8 College Station Comprehensive Plan Transportation| As Amended 12-10-15 Build-out Conditions Though beyond the scope, the framework of this Plan must, consider the transportation needs of the community as it approaches build-out, that is, as it approaches the complete development of all developable land in the City. This is necessary to ensure that actions taken within this planning time-frame do not preclude future options. Even better, it is to ensure that actions taken within this planning time-frame actually offer more opportunities for future decision-makers. An example of this approach is ensuring that rights-of-way are reserved in the Extraterritorial Jurisdiction for a future street system, even though this capacity is not expected to be necessary within this planning timeframe. This Plan projects a 2030 population of approximately 134,000. The Future Land Use & Character map contained in this Plan identifies land uses capable of accommodating an ultimate population of approximately 196,000 within the current City limits. Planning for land uses capable of accommodating a larger population than is projected for the City provides a margin of error and allows for market flexibility. The transportation network needed to serve the build-out population could differ considerably from that proposed to serve the projected 2030 population. More efficient and higher capacity streets, increased access management along heavily traveled corridors, increased reliance on transit, bicycling, and walking, and the emergence of dense mixed-use development are just a few of the possible needs to serve the build-out population. This Plan must respond to this possible future by providing a high level of connectivity with and to each travel mode; ensuring that rights-of-way are appropriate to accommodate future roadway expansion; access management is employed where appropriate; street designs promote multi-modal solutions and allow expansion into services such as bus rapid transit; and land use designations enable dense mixed-use development where and when appropriate and necessary. CONTEXT SENSITIVE SOLUTIONS This Plan proposes the use of context sensitive solutions to meet the City’s transportation needs and support its land use and character objectives. Context sensitive solutions, as promoted by The Federal Highway Administration and the Institute of Transportation Engineers, is a way of planning and building a transportation system that balances the many needs of diverse stakeholders and offers flexibility in the application of design controls, guidelines, and criteria, resulting in facilities that are safe and effective for all users regardless of the mode of travel they choose. The basic principles of context sensitive solutions include (Context Sensitive Solutions in Designing Major Urban Bus Rapid Transit (BRT) is a broad term given to a variety of transportation systems that, through improvements to infrastructure, vehicles and scheduling, attempt to use buses to provide a service that is of a higher quality than an ordinary bus line. The goal of such systems is to approach the service quality of rail transit, in terms of timeliness and amenities, while still enjoying the cost savings of bus transit relative to more capital intensive rail systems. Context Sensitive Solutions (CSS) is a different approach to the design and planning of transportation projects. It balances the competing needs of stakeholders early on in the decision making process. Its benefit comes from the flexibility in the application of projects based on different standards and different transportation modes. 6 -9 College Station Comprehensive Plan As Amended 12-10-15 | Transportation Thoroughfares for Walkable Communities, ITE: 2006): • Balance safety, mobility, community and environmental goals in all projects; • Involve the public and stakeholders early and continuously throughout the planning and project development process; • Use an interdisciplinary team tailored to project needs; • Address all modes of travel; • Apply flexibility inherent in design standards; and, • Incorporate aesthetics as an integral part of good design. The use of context sensitive solutions in transportation planning can help ensure projects respond to the community’s transportation needs, values, and vision for the future, helping specific projects move from design to construction faster and with less objection. This Plan includes the long-range planning of the transportation system, in which context sensitive solution facilitates the planning of a transportation network integrated into the long-range land use and character strategies of the City. This approach allows the City to define the mobility needs of each of the system users. The transportation network should ensure reservation of rights-of-way needed for the ultimate thoroughfare width based on long-term need. The spacing of thoroughfares should be standardized and support the strategies of the Plan. For example, arterials spaced as far as one-mile apart may carry the anticipated traffic but will likely require six lanes, which may be inappropriate for some contexts. Closer spacing of arterials could carry the same volume of traffic but reduce the number of lanes necessary. Likewise, collectors spaced close together (one-eighth mile) result in lower block lengths and promote greater pedestrian and bicycling activities. Local streets should connect as frequently as practical to the collector network to keep block lengths short and to promote connectivity throughout the system. In general, context sensitive solutions are focused on streets that play the most significant roles in the local transportation network and that offer the greatest multi-modal opportunities – arterials and collectors. Primary mobility routes or freeways, such as State Highway 6, are generally intended to move very high volumes of high-speed traffic through College Station, providing connections to the larger region. These streets should be the focus of their own unique planning and design process and are discussed elsewhere in this chapter. Similarly, local or residential streets are generally not the focus of context sensitive solutions, while they should be designed to accommodate bicycles and pedestrians and should be interconnected to one another and into the larger transportation network. 6 -10 College Station Comprehensive Plan Transportation| As Amended 12-10-15 THOROUGHFARE PLAN The Thoroughfare Plan is based on the projected transportation demand resulting from the anticipated growth in population and employment and is guided by the proposed Future Land Use & Character map. In the development of the Thoroughfare Plan, a travel demand model was used to project the increase in vehicle trips. This information was used to identify the purpose of the various transportation corridors – that is what they need to function as, such as an arterial or collector. This information also aided in identifying the location of new roads needed either for capacity enhancements or to provide connectivity, as well as the number of lanes needed for each of the streets in the network. Three transportation network scenarios were developed based on results from the travel demand model. Each of these scenarios were tested against the community’s goals and preferences identified in the development of this Plan. This testing resulted in the selection of a preferred scenario adopted as part of this Plan. Each of the scenarios considered is briefly discussed in the following. The selected scenario is further described through the accompanying maps and graphics. Current-Network Option This scenario would focus future efforts on maintaining the streets and lanes currently in place, with the additional construction of new streets to serve private development. This scenario would result in increased congestion and degradation of levels of service in some of the busiest areas. Although some locations may experience unacceptable levels of congestion and delay, much of the network will likely continue to function at acceptable levels of service. It is also possible that the scenario would promote a greater reliance on transit or alternative modes of travel, though without the construction of additional facilities, the success of even these options is questionable. Though offering some advantages, such as more efficient use of some of the road corridors, affordability, and increased use of alternative modes of travel, this scenario was rejected due to the increase in unacceptable levels of congestion, which conflicts with the community’s desire to manage and reduce congestion. Programmed-Project Option This scenario focuses future efforts on expanding the capacity of existing streets, adding new streets and increasing multi-modal facilities and options as currently programmed – that is projects that have funding authorized or appropriated. This scenario would result in the construction of more than 130 lane miles in addition to the construction of local streets necessary to serve private development, several miles of off-street multi-use paths, and continued maintenance of the existing 6 -11 College Station Comprehensive Plan As Amended 12-10-15 | Transportation transit system. It is anticipated this scenario would require more than $200 million (in 2009 dollars) in public funds, as well as expenditures by development interests on streets serving private development. This scenario accommodates the projected increase in vehicle miles; however it also results in a slight increase in congestion and degradation of levels of service in specific areas along the network. This scenario is dependent on an increase in the use of alternative modes of travel, which could be encouraged through multi-modal design with the new construction. A modified version of this scenario has been selected as the preferred scenario due to its fiscal practicality, its ability to support expansion of multi-modal opportunities, and its response to the community desire to manage and reduce congestion. This option necessitates land use planning that promotes alternative modes of transportation and reduces the frequency and length of vehicular trips. Additionally, the selected option requires an increased investment in transit and enhancement of the Thoroughfare Plan in the Extraterritorial Jurisdiction to reserve rights-of-way for future needs and facilitates connectivity. Congestion-Reduction Option This scenario focuses future efforts on substantial expansion of roadway capacity and the construction of new streets. This scenario would result in the construction of more than 440 lane miles in addition to the construction of local streets necessary to serve private development, several miles of off-street multi-use paths, and continued maintenance of the existing transit system. It is anticipated this scenario would require more than $650 million (in 2009 dollars) in public funds, as well as expenditures by development interests on streets serving private development. This scenario accommodates the projected increase in vehicle miles, with a decrease in congestion and maintenance or improvement in levels of service throughout the network. This scenario is dependent on an increase in the use of alternative modes of travel, though the general lack of congestion and abundance of six-lane streets could reduce the likelihood of this occurring. Though meeting the community’s desire to reduce congestion, this option was rejected due to its high-costs and incompatibility with other community goals and strategies. Preferred Scenario A modified version of the Programmed-Project Option is the preferred scenario based on its multi-modal cost-effective approach to managing increasing transportation demands balanced with other community goals and objectives. The preferred scenario includes 6 -12 College Station Comprehensive Plan Transportation| As Amended 12-10-15 completion of all of the programmed projects. Additionally, the Thoroughfare Plan in the Extraterritorial Jurisdiction must be enhanced to reserve rights-of-way for future needs and promote connectivity. All new and expanded streets must meet the multi-modal objectives of this Plan. Additional funding must be provided for improvements and expansion to the bicycle, pedestrian, and transit systems in the City. Finally it is essential that all streets be designed to enhance their context. FUNCTIONAL CLASSIFICATION Functional classification categorizes streets according to the category’s traffic service function they are intended to provide. All streets are grouped into a class depending on the character of traffic and the degree of land access they allow. For the purposes of this Plan streets in College Station are divided into five classes: freeway/expressway; major arterial; minor arterial; collector; minor collector; and local or residential street. Freeways/expressways are intended to carry the highest volumes of traffic for the longest distances with the least amount of direct access. By contrast, local residential streets are intended to carry low volumes of traffic at slow speeds for short distances, offering the highest level of access and connectivity. Functional classification identifies the necessary right-of- way width, number of lanes, and design speed for the streets. Map 6.6, Thoroughfare Plan – Functional Classification, displays the functional classifications for current and future proposed roadways. COMPLETE STREETS Complete Streets Definition Complete Streets is a relatively new term for an idea from decades past. Long before extensive regulations and requirements that favor rapid automobile movement began dictating street design, streets were built and developed to serve the destinations surrounding them. Some of the greatest streets in America still maintain this centuries-old character. Complete Streets are streets designed for everyone – with safe access for pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. There is no single design for a Complete Street. Each one is unique and should relate to its surrounding community context. This is in contrast to incomplete streets, which are designed with only cars in mind and makes alternative transportation choices difficult, inconvenient, and often dangerous. Complete Streets typically offer many of the benefits that is sought through traditional roadway design: increased road capacity, decreased travel times, and enhanced safety. But it often arrives at these benefits in innovative ways. Typically, road-builders targeted increased roadway performance through the addition of vehicle travel lanes. But with Complete Streets, roadway design might consider 6 -13 College Station Comprehensive Plan As Amended 12-10-15 | Transportation enhancing sidewalks or pedestrian crossings, repurposing on-street parking for another mode of travel, or adding a bike lane. Every person who then chooses these other modes of travel is one less driver on city streets, which reduces congestion and extends the service life of the roadway. Context-Sensitive Definition Context Sensitive Solutions (CSS) is taking the goal of Complete Streets and applying it to the process of determining the most appropriate roadway cross sections during construction, reconstruction, or rehabilitation projects. CSS considers many characteristics of a roadway beyond desired functional class to create a realistic and compatible design for the area. These considerations include the context and character of development in an area, future goals for a corridor, and the existing or future need for different modes of transportation. While an acceptable Complete Street may be achieved through the construction of a typical roadway section design, the CSS process should be used to determine if and to what degree the design may need to be changed to achieve the most appropriate section for a corridor. Context- Sensitive Solutions Process Complete Streets projects arise is two basic ways. Many opportunities to implement Complete Street design may occur as part of the construction of new or widened roadways, either as planned capital Improvement projects or private development projects. Other opportunities may arise to retrofit existing roads during a utility-related project or a minor maintenance project. While there are similarities in how these projects are conducted, the planning processes are different. Capital projects are roadway and reconstruction projects that are typically placed on the City’s capital improvement plan. The scope of these projects is usually large enough to allow for the planning and potential implementation of extensive Complete Streets elements. However, a utility-related project initiated to replace water, sewer, or utility lines may be considered as an opportunity to introduce Complete Streets elements only if the project length is significant. Minor maintenance projects, such as restriping or resurfacing roadways should be evaluated as opportunities to introduce certain Complete Streets elements. Since these maintenance plans can be intermittent based on roadway conditions, they may not be appropriate for full Complete Streets projects, but can still be instances to introduce planned bike facilities or new multimodal features. After determining the type of project, all necessary information should be assembled to best guide the street design process. This information should include both traditional thoroughfare functionality as well as conditions of the surrounding environment. The College Station Thoroughfare Plan should be referenced to identify the roadway functional class and the surrounding context class. The identified context classes include Urban Core, General Urban, Suburban, and 6 -14 College Station Comprehensive Plan Transportation| As Amended 12-10-15 Rural. Some judgment may need to be used to determine the appropriate context class in redeveloping and transition areas. College Station has numerous tools to select an appropriate Complete Street design – a set of typical cross sections, a set of recommended context-sensitive cross sections, and a flexible design guide. During new construction, reconstruction, or widening projects, it should be determined if the typical cross section is most appropriate to achieve the corridor’s planned transportation goals. If other travel modes or design elements should be prioritized, then the most appropriate alternative context-sensitive cross sections should be selected. In some cases, constrained right-of-way or reduced pavement width may limit the use of the standard cross section options. In particular, retrofit projects, where multi-modal design elements are being introduced within existing developed areas, may necessitate the development of unique design options. In these scenarios, the flexible design criteria in the design standards toolbox should be referenced to select the essential elements and determine if a design can be adjusted to reduce or eliminate non-vital elements. Ideal cross sections may be difficult to achieve due to constrained conditions. In which case, preferred alternative cross sections would contain as many essential and desired elements as possible. Target Speed Target speed is the highest speed at which vehicles should operate on a thoroughfare in a specific context, consistent with the level of multimodal activity generated by adjacent land uses to provide both mobility for motor vehicles and a safe environment for pedestrians and bicyclists. Historically design decisions are made based on a design speed which is often the posted speed plus 5 mph. The target speed is not set arbitrarily but rather is achieved through a combination of measures that include the following: • Setting signal timing for moderate progressive speeds from intersection to intersection; • Using narrower travel lanes that cause motorists to naturally slow their speeds; • Using physical measures such as curb extensions and medians to narrow the traveled way; • Using design elements such as on-street parking to create side friction; • Minimal or no horizontal offset between the inside travel lane and median curbs; • Eliminating superelevation; 6 -15 College Station Comprehensive Plan As Amended 12-10-15 | Transportation • Eliminating shoulders in urban applications, except for bicycle lanes; • Smaller curb-return radii at intersection and elimination or reconfiguration of hig-speed channelized right turns; • Paving materials with texture (e.g., crosswalks intersection operating areas) detectable by drivers as a notification of the possible presence of pedestrians; • Proper use of speed limit, warning, advisory signs and other appropriate devices to gradually transition speeds when approaching and traveling through a walkable area. Source: Designing Walkable Urban Thoroughfares: A Context Sensitive Approach (2010) The Thoroughfare Cross Sections (located at the end of this chapter) provide a preliminary set of design criteria for both the roadside and travelway design. Additional design criteria are provided within the City’s Unified Development Ordinance and the Bryan-College Station Unified Design Guidelines. OTHER DESIGN CONSIDERATIONS Context Transitions When planning and designing a context sensitive transportation network, there will be the need to transition between street designs, from time to time. These transitions will most often involve a change in the right-of-way width, number of lanes and the character treatments found in the travelway or the roadside. Transitions may include traditional geometric design changes such as smooth tapers where lanes change and speed limit changes where design speeds change. Transitions in a context sensitive environment extend beyond geometric changes and include multi-modal considerations, as well as visual cues to the change in context. Transitions of these types can indicate that changes in the emphasis on pedestrians, the width of the street, or entering or leaving a special district or corridor. Transitions should, as with all other aspects of the context sensitive design, be guided by the principles found in the American Association of State Highway and Transportation Officials “Green Book,” Geometric Design of Highways and Streets, the Manual on Uniform Traffic Control Devices and other approved design guides. Intersections In any street network the design and operation of intersections is significant. In context sensitive design the design and operation of intersections is critical. Multi-modal systems require the safe movement of vehicles, bicyclists, and pedestrians through the intersection. Intersection design encompasses the intersection itself and the 6 -16 College Station Comprehensive Plan Transportation| As Amended 12-10-15 approaches to the intersection, and may impact adjacent land uses. The Institute of Transportation Engineers publication, Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities, identifies the following principles for the design and operation of intermodal intersections: • Minimize conflicts between modes; • Accommodate all modes with the appropriate levels of service for pedestrians, bicyclists, transit, and motorists; • Avoid elimination of any travel modes due to intersection design; • Provide good driver and non-driver visibility ; • Minimize pedestrian exposure to moving traffic; • Design for low speeds at critical pedestrian-vehicle conflict points; • Avoid extreme intersection angles and break up complex intersections with pedestrian refuge islands; and, • Ensure intersections are fully accessible to the disabled and the hearing and sight impaired. As with other design considerations in the context sensitive design approach, accepted engineering guidelines should be used, with the aforementioned principles employed. Minimum Length and Additional Right-of Way for Turn Lanes at Intersections Figure 6.2 illustrates the minimum length for right and left‐turn lanes and required right‐of‐way and at intersections. Table 1 indicates the total length required for turn lane taper, deceleration, and storage by roadway functional class. This is an increase to the current Bryan / College Station Unified Design Standards and is based on NCHRP 780 – Design Guidance For Intersection Auxiliary Lanes. Right‐turn lanes are anticipated to be required at all major intersections. Roadway intersections with minor collectors and local streets require engineering judgement to determine if a right‐turn lane is required. If it is determined that there are greater than 40 right turns per hour, an additional 14 feet of right‐of‐way will be required, as indicated in Table 2. 6 -17 College Station Comprehensive Plan As Amended 12-10-15 | Transportation Figure 6.2 Table 2 Other Design Components In context sensitive design, consideration should be given to a number of design components that respond to the multi-modal nature of the system. These include, but are not limited to, access management and the placement and design of cross-walks, bus stops, curb extensions, and pedestrian refuges. The Institute of Transportation Engineers publication, Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities, and the various American Association of State Highway and Transportation Officials guidance documents should be consulted for the proper and safe application of each of these components. Right-of-Way for Utilities Additional right-of-way may be dedicated to provide a location for the installation of water, sewer, gas, electric power, telecommunications and other similar services and utilities. An additional 10’ beyond each streetside area may be dedicated to allow for such utility installation. Table 1 Public Role in CSS The community involvement that occurred through the Comprehensive Plan process provided a solid foundation for establishing context sensitive design objectives for most streets across the City. City Council public hearings related to street projects provide another avenue for community input on design considerations. Primary mobility routes will have their own unique design and input process. Likewise, streets in established neighborhoods and districts will be evaluated in greater detail through the development of area-specific plans (or, in the interim, would receive official and public scrutiny through the Council-approved involvement process for specific street projects). 6 -18 College Station Comprehensive Plan Transportation| As Amended 12-10-15 Rehabilitation Projects and Neighborhood Street Network Much of this chapter has focused on the design and construction of new streets. In a number of instances, improvements may be necessary within established neighborhoods, involving either rehabilitation projects or possibly even new street construction. While the guidance provided in this chapter should serve as a foundation for projects in established neighborhoods, it is necessary to recognize the sensitivity of such projects. Projects in such areas often have to address constrained rights-of-way, the presence of mature vegetation, and resident preferences. It is proposed that, where possible, the identification of and design for projects within established neighborhoods be guided by the neighborhood plan and direct public input unique to each project. A similar process is appropriate for the districts and corridors identified in the Future Land Use & Character map contained in this Plan. Primary Mobility Corridors The context sensitive solutions approach outlined in this chapter focuses primarily on arterials and collectors, due to their role in the transportation network and ability to serve multiple modes of travel. Streets classified as freeways or expressways serve primarily to move vehicles through the City and between distant locations within the City. State Highway 6 and sections of Raymond Stotzer Parkway (FM 60), William D. Fitch (State Highway 40), and Harvey Mitchell Parkway (FM 2818) are examples. For the purposes of this Plan, these streets are considered primary mobility corridors. While it may be possible that these corridors be designed to handle pedestrians and bicyclists, in general they will be designed to accommodate high volumes of vehicular traffic at high speeds (usually in excess of 45 mph). These corridors can also carry transit vehicles, though they are not likely to provide transit stops. Alternative parallel routes should be identified to accommodate the modes of travel that the primary mobility corridors cannot. The design of these corridors should be guided by their own unique requirements (both mobility and access and other contextual needs) and should include direct public input unique to each project. Right-of-Way Constrained Projects From time to time, the right-of-way for a public street project will be constrained due to a natural constraint, such as floodplain, or because of the proximity of existing development. In such instances, it is necessary to evaluate what can and cannot be accommodated within the available right-of-way. This evaluation should be guided both by the vehicular needs and the context of the street. A uniform process should be developed incorporating a “decision-matrix,” such as the example shown in Figure 6.3, College Station Context Sensitive Design Process, will aid decision makers in implementing context 6 -19 College Station Comprehensive Plan As Amended 12-10-15 | Transportation sensitive solutions. In some contexts it may be appropriate to eliminate parking lanes to accommodate wider sidewalks or planting areas. In other contexts it may be appropriate to use narrower sidewalks to accommodate both parking lanes and bicycle lanes. In still other contexts it may be appropriate to eliminate a travel lane or alter the design of travel lanes to accommodate parking lanes. GOAL, STRATEGIES, AND ACTIONS College Station strives for improved mobility through a safe, efficient, and well-connected multi-modal transportation system designed to be sensitive to the surrounding land uses. Five strategies have been developed to progress toward this goal. Each strategy has a series of action recommendations designed to implement the related strategy. Strategy 1: Develop, implement and maintain, through regular review, a multi-modal transportation plan that supports the planned growth and development pattern. • Thoroughfare Plan. Adopt and implement the Thoroughfare Plan. • Future Planning. Amend the Thoroughfare Plan as necessary as neighborhood, district, corridor, and master plans are adopted by the City. FIGURE 6.3 College Station Context Sensitive Design Process 6 -20 College Station Comprehensive Plan Transportation| As Amended 12-10-15 • Project Programming. Maintain and amend as necessary the City’s various programs (Bryan-College Station Metropolitan Planning Organization Transportation Improvement Program, Capital Improvements Program, etc.) used to fund projects. • Monitor Trends. Continue to collect and monitor transportation data including vehicle miles traveled, traffic counts, levels of service, transit ridership, and pedestrian and bicycle facility usage, crashes. • Context Sensitive Solutions. Amend as necessary, the various tools used to implement the Thoroughfare Plan to ensure context sensitive solutions are employed. These include the Unified Development Ordinance, the Bryan-College Station Unified Design Guidelines, and the City’s project development process. Strategy 2: Reduce and manage traffic congestion. • Thoroughfare Plan. Adopt and implement the Thoroughfare Plan. • Monitor Trends. Continue to collect and monitor transportation data including vehicle miles traveled, traffic counts, levels of service, transit ridership, and pedestrian and bicycle facility usage, crashes. • Access Management. Promote access management strategies where appropriate to preserve modal efficiency throughout the thoroughfare system. • Traffic Control Technology. Install a state-of-the-art computerized traffic control system including signal synchronization. • Travel Demand Management. Develop and implement a travel demand management program including real-time traffic information, traffic incident alerts, ridesharing programs, promotion of flexible work schedules, and encouragement of dense mixed-use development. • Intersection Improvements. Continue enhancements and upgrades at intersections to improve multi-modal efficiency. Strategy 3: Develop and implement context sensitive transportation solutions. • Thoroughfare Plan. Adopt and implement the Thoroughfare Plan. • Future Planning. Amend the Thoroughfare Plan as necessary as neighborhood, district, corridor, and master plans are adopted by the City. • Context Sensitive Solutions. Amend, as necessary, the various tools used to implement the Thoroughfare Plan to ensure context sensitive solutions are employed. These include the Unified Development Ordinance, the Bryan-College Station 6 -21 College Station Comprehensive Plan As Amended 12-10-15 | Transportation Unified Design Guidelines, and the City’s project development process. • Bicycle and Pedestrian Planning. Amend and implement the bicycle and pedestrian system master plans. • Transit. Pursue opportunities with the current transit providers to expand and enhance transit services within and between activity centers and dense residential areas, concentrations of student housing, etc. • Project Programming. Maintain and amend as necessary the City’s various programs (Bryan-College Station Metropolitan Planning Organization Transportation Improvement Program, and Capital Improvements Program) used to fund projects. • Primary Mobility Corridors. Adopt and implement the context sensitive approach identified in this Plan for identified primary mobility corridors. • Rehabilitation Projects. Adopt and implement the context sensitive approach identified in this Plan for rehabilitation projects located within established neighborhoods or districts. • Right-of-way Constrained Projects. Adopt and implement a context sensitive approach and decision matrix for City projects where the available right-of-way is constrained. Strategy 4: Promote and invest in alternative transportation options. • Thoroughfare Plan. Adopt and implement the Thoroughfare Plan. • Future Planning. Amend the Thoroughfare Plan as necessary as neighborhood, district, corridor, and master plans are adopted by the City. • Context Sensitive Solutions. Amend, as necessary, the various tools used to implement the Thoroughfare Plan to ensure context sensitive solutions are employed. These include the Unified Development Ordinance, the Bryan-College Station Unified Design Guidelines, and the City’s project development process. • Bicycle and Pedestrian. Amend and implement the bicycle and pedestrian system master plans. • Transit. Pursue opportunities with the current transit providers to expand and enhance transit services within and between activity centers and dense residential areas, and concentrations of student housing. • Project Programming. Maintain and amend as necessary the City’s various programs (Bryan-College Station Metropolitan Planning Organization Transportation Improvement Program, and Capital Improvements Program) used to fund projects. • Commuter Rail. Continue to participate in the Texas High Speed Rail Initiative and similar efforts to bring commuter rail services to the City. 6 -22 College Station Comprehensive Plan Transportation| As Amended 12-10-15 Strategy 5: Balance changes in land use with the capabilities of the transportation system. • Use of Future Land Use & Character Map. Adopt and implement the Future Land Use & Character map contained in this Plan. • Land Use and Development Review. Continue to evaluate the capacity of the existing and proposed transportation system in Comprehensive Plan amendments, rezoning requests, and site plan reviews. • Traffic Impact Analysis. Require traffic impact analyses for all development proposals anticipated to generate significant volumes of traffic. • Monitor Trends. Continue to collect and monitor transportation data including vehicle miles traveled, traffic counts, levels of service, transit ridership, and bicycle and pedestrian facility usage, crashes. !!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! ! !!!!!!!! !!!!!! ! ! ! !!!!!! ! !!!!!!!!!!!!!!!!!! !!! !!!!!!!! !!!!!!! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!S H 6 S GREENS PRAIRIE RD WLUTHER ST WSEBESTA RDDEACON DRUV6 ")2818 FM 2154HARVEY RDWILLIAM D. FITCH PKWYTEXAS AVE S WE L L B O R N R D HARVEY MITCHELL PKWY STEXAS AVE UNIVERSITY DR EROCK PRAIRIE RDS H 4 0 / W I L L I A M D F I T C H P K W YUNIVERSITY DRGEORGE BUSH DRGEORGE BUSH DR WU N IV E R S ITY D R E SH 30 BARRON RDFIN FE AT H E R ROCK PRAIRIE RDHOLLEMAN DRGROESBECKC A VIT T A V E BIRD POND RDW ELLB O R N R D E 29TH STE VILLA MARIAS C OLLE GE AVE C A VIT T A V E S C O LL E G E A V E College Station Comprehensive PlanMap 6.1Existing TrafficVolumes City Limits ETJ Railroad!!!! !!"Bryan Avg. Daily Traffic 0 - 5,000 5,001 - 15,000 15,001 - 25,000 25,001 - 40,000 40,001 - 65,000 65,001 - 109,195 June 2015Source: Kimley-Horn 0 0.5 10.25 Miles !!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! ! !!!!!!!! !!!!!! ! ! ! !!!!!! ! !!!!!!!!!!!!!!!!!! !!! !!!!!!!! !!!!!!! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!FM 2154HARVEY RDWILLIAM D. FITCH PKWYTEXAS AVE S WE L L B O R N R D H A R V E Y M I T C H E L L P K W Y S TEXAS AVE UNIVERSITY DR EROCK PRAIRIE RDS H 4 0 / W I L L I A M D F I T C H P K W YUNIVERSITY DRGEORGE BUSH DRGEORGE BUSH DR WS H 6 S U N IV E R S ITY D R E SH 30 BARRON RDFINFEATHERROCK PRAIRIE RDGROESBECKHOLLEMAN DRC A VIT T A V E BIRD POND RDW ELLB O R N R D E 29TH STE VILLA MARIAS C OLLE GE AVE C A VIT T A V E S C O LL E G E A V E College Station Comprehensive PlanMap 6.2 2015 Level of Service City Limits ETJ Railroad!!!! !!" 0 0.55 1.10.275 Miles Bryan June 2015Source: Kimley-Horn ")2818 UV6 Acceptable Tolerable Unacceptable !!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! ! !!!!!!!! !!!!!! ! ! ! !!!!!! ! !!!!!!!!!!!!!!!!!! !!! !!!!!!!! !!!!!!! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!S H 6 SHARVEY MITCHELL PKWY SGREENS PRAIRIE RD WSEBESTA RDUV6 ")2818 FM 2154HARVEY RDTEXAS AVE S WILLIAM D. FITCH PKWYWE L L B O R N R D TEXAS AVE UNIVERSITY DR EROCK PRAIRIE RDS H 4 0 /W I L L I A M D . F I T C H P K W YUNIVERSITY DRGEORGE BUSH DRGEORGE BUSH DR WU N IV E R S ITY D R E SH 30 BARRON RDFINFEATHERROCK PRAIRIE RDGROESBECKHOLLEMAN DRC A VIT T A V E BIRD POND RDW ELLB O R N R D E 29TH ST S C OLLE GE AVEE VILLA MARIAS C O LL E G E A V E C A VIT T A V E College Station Comprehensive PlanMap 6.42035 Laneswith ProgrammedProjects City Limits ETJ Railroad!!!! !!" 0 0.5 10.25 Miles Bryan Lanes in 2035 2 4 6 September 2015Source: Kimley-Horn !!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! ! !!!!!!!! !!!!!! ! ! ! !!!!!! ! !!!!!!!!!!!!!!!!!! !!! !!!!!!!! !!!!!!! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!! BIRD POND RDROCK PRAIRIE RD TEXAS AVE S S H 6 SHARVEY MITCHELL PKWY SWILLIAM D. FITCH PKWYWILLIAM D. FITCH PKWYGREENS PRAIRIE RD WGEORGE BUSH DRHARVEY RDUNIVERSITY DRHARVEY MITCHELL PKWY SLUTHER ST WSOUTHWEST PKWYSEBESTA RDDEACON DRUV6 ")2818 College Station Comprehensive PlanMap 6.52035 Traffic Volumeswith ProgrammedProjects City Limits ETJ Railroad!!!! !!" 0 0.5 10.25 Miles Bryan Avg. Daily Traffic 0 - 5,000 5,001 - 15,000 15,001 - 25,000 25,001 - 40,000 40,001 - 65,000 65,001 - 114,000 September 2015Source: Kimley-Horn ! ! !!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!! !!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!! !!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!!!! ! !!!!!!!!S H 6 SHARVEY MITCHELL PKWY SGREENS PRAIRIE RD WSEBESTA RDUV6")2818 FM 2154HARVEY RDTEXAS AVE S WIILLIAM D. FITCH PKWYWE L L B O R N R D TEXAS AVE UNIVERSITY DR ERAYMOND STOTZER PKWYCOLLEGE AVE U N IVER SITY D R ESH 30 SH 47 FINFEATHERBARRON RDROCK PRAIRIE RD E 29TH ST C A VIT T A V E BIRD POND RDW ELLB O R N R DLEONARD RDC A VIT T A V E College Station Comprehensive PlanMap 6.6FunctionalClassificationand Context Class City Limits ETJ Railroad!!!! !!" 0 0.8 1.60.4 Miles Bryan Thoroughfare Plan Functional Classification Grade Seperation Freeway/Expressway 6 Lane Major Arterial 4 Lane Major Arterial 4 Lane Minor Arterial 2 Lane Major Collector 2 Lane Minor Collector Context Zones Context Urban Core General Urban Suburban Rural September 2015Source: Kimley-Horn ! ! ! !!!!!!!!!!!!!! !!!!!!! !!!!! !!! !!!!!!! !!!!! ! ! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!! !!!!!!!! !!!!!! !! ! !!!!!!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!! ! ! ! !!!!!!!! !!!!!! ! ! ! !!!!!! ! !!!!!!!!!!!!!!!!!! !!! !!!!!!!! !!!!!!! !!!!! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! ! ! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! ! !!!!!!!!!!!!!!!!!BIRD POND RDS H 6 S GREENS PRAIRIE RD WLUTHER ST WSEBESTA RDUV6 ")2818 College Station Comprehensive PlanMap 6.7Future Level of Service City Limits ETJ Railroad!!!! !!" 0 0.5 10.25 Miles Bryan Acceptable Tolerable Unacceptable September 2015Source: Kimley-Horn UNIVERSITY DRDEACON DRROCK PRAIRIE RD WILLIAM D. FITCH PKWYWILLIAM D. FITCH PKWYGEORGE BUSH DRHARVEY RDTEXAS AVE S SOUTHWEST PKWYHARVEY MITCHELL PKWY SHARVEY MITCHELL PKWY S 12.5’12.5’12’12.5’12’6’21’ Sidewalk Median Shared-Use PathTravel LaneTravel Lane 12.5’ Travel LaneTravel Lane 12’ Travel LaneTravel Lane 130’ 37’37’ Thoroughfare Cross Sections Typical Sections City of College Station Major Arterial Minor Arterial Note: All dimensions measured from back-of-curb and center of stripe. 12.5’12.5’12’12’6.5’6.5’2’2’6’6’17’ Sidewalk Median SidewalkTravel Lane Bike LaneBike Lane Travel LaneTravel LaneTravel Lane 105’ 33’33’ Thoroughfare Cross Sections Typical Sections City of College Station 12’12’6’2’2’6’6’6’14’ Sidewalk TWLTL SidewalkBike LaneBike Lane Travel LaneTravel Lane 80’ 54’ Major Collector 12’12’7’7’6’6’ Sidewalk SidewalkBike LaneBike Lane Travel LaneTravel Lane 60’ 38’ Minor Collector 16’2’2’16’28’28’ Open Ditch 4:1 Slope Maximum Travel LaneTravel LaneRibbon CurbRibbon Curb90’ 36’ Open Ditch 4:1 Slope Maximum Rural Collector Thoroughfare Cross Sections Major Arterial City of College Station Note: All dimensions measured from back-of-curb and center of stripe. 1) Sidewalk width to vary depending on available right-of-way. Typical Section 11.5’11.5’11’2’6.5’2’15’15’17’ Sidewalk1 Median Sidewalk1Travel LaneTravel Lane 6.5’ Bike LaneTravel Lane 11’ Travel LaneBike Lane 120’1 31’31’ Urban Core Bike Lanes, Wide Sidewalks 12.5’12.5’12’12.5’12’6’21’ Sidewalk Median Shared-Use PathTravel LaneTravel Lane 12.5’ Travel LaneTravel Lane 12’ Travel LaneTravel Lane 130’ 37’37’ 11.5’11.5’11’11.5’12’6’17’ Sidewalk Median Shared-Use PathTravel LaneTravel Lane 11.5’ Travel LaneTravel Lane 11’ Travel LaneTravel Lane 130’ 34’34’ General Urban Shared Use Path 11.5’11.5’11’11.5’10’10’17’ Wide Sidewalk Median Wide SidewalkTravel LaneTravel Lane 11.5’ Travel LaneTravel Lane 11’ Travel LaneTravel Lane 130’ 34’34’ Thoroughfare Cross Sections Major Arterial City of College Station Suburban Wide Sidewalks 10.5’6.5’2’6.5’2’16.5’16.5’12’ Sidewalk Median or TWLTL SidewalkBike LaneBike Lane Travel Lane 11’ Travel Lane 11’ Travel Lane 10.5’ Travel Lane 105’ 30’30’ 11’6’2’6’2’6’6’12’ Sidewalk Turn Lane SidewalkBike LaneBike Lane Travel Lane 11’ Travel Lane 11’ Travel Lane 11’ Travel Lane 105’ 72’ Context-Sensitive Cross Sections Minor Arterial City of College Station Typical Section Urban Core Bike Lanes, Wide Sidewalks General Urban Bike Lanes Note: All dimensions measured from back-of-curb and center of stripe. 12.5’12.5’12’12’6.5’6.5’2’2’6’6’17’ Sidewalk Median SidewalkTravel Lane Bike LaneBike Lane Travel LaneTravel LaneTravel Lane 105’ 33’33’ 11.5’11.5’11’11’5.5’2’5.5’2’6’6’17’ Sidewalk Median SidewalkTravel Lane Bike LaneBike Lane Travel LaneTravel LaneTravel Lane 105’ 30’30’ Context-Sensitive Cross Sections Minor Arterial City of College Station General Urban/Suburban Shared-Use Sidepath Suburban Bike Lanes 11.5’11.5’11.5’11.5’12’6’17’ Sidewalk Median Shared-Use PathTravel LaneTravel LaneTravel LaneTravel Lane 105’ 23’23’ 11’11’6.5’6.5’6’6’14’ Sidewalk TWLTL SidewalkBike LaneBike Lane Travel LaneTravel Lane 80’ 49’ 10.5’10.5’7’14’14’ Sidewalk SidewalkParkingTravel LaneTravel Lane 7’ Parking 5.5’3’ Bike Lane 5.5’3’ Bike Lane 80’ 52’ Context-Sensitive Cross Sections Major Collector City of College Station Typical Section Urban Core Bike Lanes, Parking General Urban Bike Lanes Note: All dimensions measured from back-of-curb and center of stripe. 12’12’6’2’2’6’6’6’14’ Sidewalk TWLTL SidewalkBike LaneBike Lane Travel LaneTravel Lane 80’ 54’ 11.5’11.5’5.5’5.5’8’6’2’2’16’ Sidewalk Median SidewalkBike LaneBike Lane Travel LaneTravel Lane 80’ 19’19’ 10.5’10.5’7’6’6’ Sidewalk SidewalkParkingTravel LaneTravel Lane 7’ Parking 5.5’3’ Bike Lane 5.5’3’ Bike Lane 80’ 52’ Context-Sensitive Cross Sections Major Collector City of College Station General Urban/Suburban Bike Lanes, Median *Parking may be located on either side of bike lane Suburban Bike Lanes, Parking* Context-Sensitive Cross Sections Minor Collector City of College Station Typical Section Urban Core Bike Lanes General Urban Bike Lanes 12’12’7’7’6’6’ Sidewalk SidewalkBike LaneBike Lane Travel LaneTravel Lane 60’ 38’ 10’12’6’6’8’8’ Sidewalk SidewalkBike LaneBike Lane Turn LaneTravel Lane 10’ Travel Lane 60’ 44’ 10.5’10.5’5.5’2’5.5’2’12’12’ Sidewalk SidewalkBike LaneBike Lane Travel LaneTravel Lane 60’ 36’ Note: All dimensions measured from back-of-curb and center of stripe. Context-Sensitive Cross Sections Minor Collector City of College Station Suburban Bike Lanes 12’12’7’7’6’6’ Sidewalk SidewalkBike LaneBike Lane Travel LaneTravel Lane 60’ 38’ Typology Context Typical Urban Core General Urban Suburban Typical Urban Core General Urban Gen Urb/Suburb Suburban Typical Urban Core General Urban Suburban Typical Urban Core General Urban Suburban ROW 60'60'60'60'80'80'80'80'80'105'105'105'105'130'120'130'130' Pavement Width 38'36'44'38'54'52'49'38'52'66'60'72' Undivided 46' Divided 60'74'62'68'68' Traffic Lanes 2 2 2 2 2 2 2 2 2 4 4 4 4 6 4 6 6 Lane Width 12'10.5'10'12'12'10.5'11'11.5'10.5'12'10.5'11'11'12'11'11'11' Total Parkway Width 11'12'8'11'13'14'15.5'13'14'11'16.5'16.5' Undivided 21' Divided 14'17.5'20.5'22.5'22.5' Curb Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Shoulder Width N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Left Turn Lane Width None None 12'None 14'Optional (11')14'None None None Optional (12')12'None None None None None Parking None None None Optional (7')None Optional (7')None None Optional (7')None Optional (7')None Optional (7')None Optional (7')None None Raised Medians None None None None None None None 16'None 17'Optional (12')Optional (17')17'21'17'17'17' Sidewalks Req./Width 6'10'6'6'6'10'6'6-8'6'6'10'6'6'6'10'6'6' Bike Lanes 7'5.5'6'7'6'5.5'6.5'5.5'5.5'6.5'6.5'6' Lanes or 12' Sidepath 5.5'None 6.5'None None Additional Design Criteria Level of Service C N/A C C C N/A C C C C D C C C D C C Bike Lane Buffer N/A 2'N/A N/A 2'3'Optional (2')2'3'2'2'2'2'N/A 2'N/A N/A Shared-Use Path None None None None None None None None None None None 12'None None None 10-12'10-12' Target Speed (mph)30 25 25-30 25-35 35 25-30 25-30 25-30 25-30 40 25-35 30-40 30-40 45 30-35 40-45 40-45 Landscape Buffer (Planting Strip/Tree Well)5'N/A N/A N/A 6-10'6'6-10'6-10'5'5'6'6-8'6-8'6-8'6-10'6-12'6-8' Trees Permitted in Landscape Buffer Permitted N/A N/A N/A Permitted Permitted Permitted Permitted Permitted Permitted Permitted Permitted Permitted Permitted Permitted Permitted Permitted Minor Collector Minor Arterial Major ArterialMajor Collector Minimum Geometric Design Criteria for New Construction City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:115-0719 Name:Comprehensive Plan Text Amendments Status:Type:Comprehensive Plan Agenda Ready File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the College Station Comprehensive Plan by amending text in Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities,” addressing certain updates and housekeeping items based on recommendations in the Comprehensive Plan Five-Year Evaluation and Appraisal Report completed in 2014. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Summary of Proposed Changes Ordinance.pdf Exhibit B Action ByDate Action ResultVer. Public Hearing,presentation,possible action,and discussion regarding an ordinance amending the College Station Comprehensive Plan by amending text in Chapter 2 “Community Character,”Chapter 3 “Neighborhood Integrity,”Chapter 4 “Economic Development,”Chapter 5 “Parks,Greenways,and the Arts,”and Chapter 7 “Municipal Services and Community Facilities,”addressing certain updates and housekeeping items based on recommendations in the Comprehensive Plan Five-Year Evaluation and Appraisal Report completed in 2014. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Sustainable City Recommendation(s): The Planning & Zoning Commission considered this item at their November 19, 2015 meeting and recommended approval of the proposed text amendments. Summary:The Comprehensive Plan Five-Year Evaluation and Appraisal Report (2014)served as a “check-up”on the Comprehensive Plan by considering changing conditions and recommending appropriate modifications to the Plan.As part of the development of the Report,a joint subcommittee of three Planning &Zoning Commissioners and three City Council members was formed to guide the College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0719,Version:1 of three Planning &Zoning Commissioners and three City Council members was formed to guide the process and evaluate the Comprehensive Plan.The resulting Report included recommendations for text amendments to the Chapters of the Comprehensive Plan.The Five-Year Evaluation &Appraisal Report included public outreach by way of an on-line survey,a public open house meeting,focus group meetings, and a public review of the draft Report. The Five-Year Evaluation &Appraisal Report included a number of text amendments,as recommended by the joint subcommittee. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1) Summary of Proposed Amendments 2) Ordinance 3) Exhibit B College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ Five-Year Evaluation & Appraisal Report Recommended Text Amendments Chapter 2 – Community Character • Amend the ‘Planning Considerations’ section of the Community Character chapter to emphasize the need for infrastructure to support development. • Amend the Comprehensive Plan to remove references to “LEED,” perhaps softening the language to “sustainable” or “green.” The City should not provide incentives for private sector LEED practices. • Amend the Plan to include a discussion of a potential future Blinn College campus somewhere in College Station. Chapter 3 – Neighborhood Integrity • Note the Rental Registration item as “complete.” • Amend the Comprehensive Plan to remove references to “LEED,” perhaps softening the language to “sustainable” or “green.” The City should not provide incentives for private sector LEED practices. Chapter 4 – Economic Development • REPLACE CHAPTER 4 with the newly adopted Economic Development Master Plan. Chapter 5 – Parks, Greenways, & the Arts • Amend the Plan to include information and links to the adopted Bicycle, Pedestrian and Greenways Master Plan and the Parks & Recreation Master Plan. • Amend the Plan to remove references to a “convention center” at the Chimney Hill shopping center. • Amend the Plan to specify both school districts, City of Bryan, and Blinn College as potential partners in arts facility discussions. • Amend the Plan to remove the action item related to promoting Northgate as a “live music district.” Northgate is self-promoting and sustained. Chapter 6 – Transportation Changes proposed with Chapter 6 update and Thoroughfare Plan amendments Chapter 7 – Municipal Services & Community Facilities • Amend the Plan to include a statement related to the need to maintain the attractiveness of roadways/streets/transportation network with rehabilitation. • Amend the Plan to state that the City’s priorities are water service, wastewater service, and streets. • Amend the Plan to include a discussion related to City-wide wifi – include additional participants not already expressly state, such as the Research Valley Partnership (RVP), the Council of Governments (COG), Brazos County, and Blinn College (already includes Texas A&M University and the City of Bryan). • Amend the Plan to remove references to “southern College Station” as a specific location for a satellite police station. The location should be more generic. Chapter 8 – Growth Management & Capacity Recommended changes will be recommended by the Annexation Task Force Five-Year Evaluation & Appraisal Report Recommended Text Amendments 912c88bc-12a1-4bf8-aba7-831c0db5136e.docx ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING CHAPTER 2 “COMMUNITY CHARACTER,” CHAPTER 3 “NEIGHBORHOOD INTEGRITY,” CHAPTER 4 “ECONOMIC DEVELOPMENT,” CHAPTER 5 “PARKS, GREENWAYS & THE ARTS,” AND CHAPTER 7 “MUNICIPAL SERVICES & COMMUNITY FACILITIES;” ADDRESSING CERTAIN UPDATES AND HOUSEKEEPING MATTERS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding a new Subsection C.1.c of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by deleting Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways & The Arts,” and Chapter 7 “Municipal Services & Community Facilities,” thereof and substituting therefor new Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways & The Arts,” and Chapter 7 “Municipal Services & Community Facilities,” as set out in Exhibit “B” attached hereto and made a part hereof 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 10th day of December, 2015. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor ORDINANCE NO.__________ Page 2 of 6 APPROVED: ___________________________ City Attorney ORDINANCE NO.__________ Page 3 of 6 EXHIBIT “A” That Ordinance No. 3186 adopting the “Comprehensive Plan of the City of College Station”, as amended, is hereby amended by adding a new Subsection C.1.c to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; ORDINANCE NO.__________ Page 4 of 6 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report –by this Ordinance, dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 2015-3670, dated July 9, 2015. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance dated December 10, 2015. ORDINANCE NO.__________ Page 5 of 6 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance dated December 10, 2015. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.__________ Page 6 of 6 EXHIBIT “B” That the “Comprehensive Plan of the City of College Station,” is hereby amended by deleting Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways & The Arts,” and Chapter 7 “Municipal Services & Community Facilities,” thereof and substituting therefor new Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways & The Arts,” and Chapter 7 “Municipal Services & Community Facilities,” to read in their entirety as follows: 2 -1 College Station Comprehensive Plan 2 C OMMUNITY C HARACTER As Amended 12-10-15 College Station has experienced substantial growth and change since the adoption of the 1997 Comprehensive Plan. Investments by the City in infrastructure, facilities, public safety, and services combined with private investments supported the growing community and contributed to its character and identity. More than 12,000 new residences were constructed to house the growing population. New commercial development and rehabilitation of older commercial areas brought new shopping, dining, and lodging opportunities to residents and visitors. Looking now to the future, the City of College Station embarks on a new Comprehensive Plan to identify, preserve, create, and connect places of distinction – those unique areas that set College Station apart from other cities. With growing concerns over natural resource management, the City is faced with the additional task of balancing its future growth with environmental sustainability. The Comprehensive Plan and associated implementation tools must address housing a growing and diversifying population; protecting natural features and resources subjected to ever-increasing pressures; accommodating redevelopment and infill to better utilize land and strengthen the core of the City; and expanding the parks and bicycle and pedestrian system to offer more recreational opportunities and mobility options – all of which must contribute to a character and identity unique to and appropriate for College Station. Residents, public officials, and development interests all seek greater assurance of acceptable, desired outcomes. This chapter serves as the foundation of this Plan in that it encompasses many inter-related components and is closely linked to the other chapters in the Plan. This chapter promotes the creation and enhancement of places of distinction. Whether new development or redevelopment, and whether private or public construction, how land is used – including its intensity, appearance, and physical arrangement – contributes significantly to the community’s character and its sense of place with far-reaching and long-term impact. Through its strategies and actions, this chapter establishes an approach for managing development and redevelopment activity that emphasizes accommodating market opportunities; protecting and enhancing neighborhood character; creating and protecting unique A more distinct urban character is emerging in Northgate as redevelopment activity continues. 2 -2 College Station Comprehensive Plan Community Character| As Amended 12-10-15 districts and corridors; and protecting natural features and the rural character of certain areas in and surrounding the City. PURPOSE This chapter establishes strategies and actions that enable effective planning for future growth, neighborhood protection, new development, and redevelopment. Sound planning ensures that opportunities are created to accommodate needed development, that development can be adequately served with public services, and that its impacts can be managed to maintain compatibility and to promote the desired character and identity. Along with the text and illustrations in this chapter, Map 2.1, Concept Map, and Map 2.2, Future Land Use & Character, depict the strategies visually. PLANNING CONSIDERATIONS Through the planning process, participants identified various issues and opportunities regarding land use planning, protection of natural features, and enhanced community identity and aesthetics. The considerations highlighted in this section were used in the development of the goal, strategies, and action recommendations that follow. Growth and Development College Station is poised for significant population growth in the upcoming decades. This growth will bring with it significant demands for additional housing, shopping, recreation, public facilities and services, and transportation. How land is used and development occurs to serve this increasing population will have significant and long lasting impacts on the community. Infrastructure development is of paramount importance to adequately support and accomodate the projected population increase. The population of the City of College Station is projected to increase by approximately 40,000 for a total population of approximately 134,000 by 2030. The housing demand associated with this population increase is projected to equate to an additional 20,000 dwelling units. If current trends prevail about one-fourth or 5,000 of these will be new single- family homes and the remainder will consist of duplexes or apartment units. This projected increase in housing necessitates the availability of nearly 3,000 to 4,000 acres for new construction in greenfield areas or through redevelopment and infill development. Though students continue to make up a large portion of the population, College Station is diversifying in age. Those aged 50 and over represent a small percentage of the population but are the fastest growing cohort. This diversity will continue to offer market opportunities 2 -3 College Station Comprehensive Plan As Amended 12-10-15 | Community Character for development while representing challenges as a larger portion of the community is permanent residents with differing expectations and standards than a more transient population. If population and housing demands continue to increase and the challenges associated with the physically expanding the City’s boundaries persist, then the population density of College Station will likely increase. The current population density of the City is estimated at slightly more than 1,800 persons per square mile. Since 1940, the City’s population density has ranged from a low of 856 persons per square mile (1940) to a high of 2,211 persons per square mile (1999). Though the population density remains quite low in comparison to other metropolitan areas, increasing population density offers opportunities for new building types, such as condominiums, townhomes and vertical mixed use. It also presents the need for more effective land use planning and capital investments. Character and Identity The City’s planning efforts and implementation actions should directly address character and identity. College Station residents are interested in the character of their neighborhoods, special districts, corridors, and natural areas, and they have expressed the following considerations. • Protection and enhancement of existing neighborhoods: Protect existing neighborhoods from undesirable and incompatible change. This includes insensitive redevelopment, insensitive infill development, incompatible development on its periphery, erosion of residents’ quality of life, or decreased property values. Further, residents have expressed their interest in ensuring homes, properties, roads, sidewalks, streetlights, and parks are well maintained and updated when necessary (see Chapter 3: Neighborhood Integrity). • New neighborhoods that are sustainable: New neighborhoods should remain vibrant well into the future. Sustainable neighborhoods require a balance between owner and renter occupancy; access to neighborhood-serving businesses; parks and open space; transportation facilities designed for the density of the neighborhood; and access to and connectivity with adjacent neighborhoods (see Chapter 3: Neighborhood Integrity). • Transportation planning and road design that is sensitive to its context: Transportation planning that provides connectivity between neighborhoods and to the larger community; choices in how one can move through the community; and designs that are sensitive to the context that facilities pass through (see Chapter 6: Transportation). 2 -4 College Station Comprehensive Plan Community Character| As Amended 12-10-15 • Sensitive redevelopment and infill development: Redevelop- ment and infill development in areas in and around existing neighborhoods should be sensitive to the current residents. Over the life of this Plan, some areas will require redevelopment. Infill development is desirable in appropriate locations. Residents should be directly involved in identifying these areas and in participating in the planning for such areas. • Development, enhancement, and protection of unique corridors (natural and man-made) and districts: Create or protect places with unique character and identity. Some of the busiest roads and natural corridors offer the opportunity to contribute substantially to the character of the community. Likewise, certain districts may offer opportunities to concentrate development in an urban mixed-use pattern with a unique focus. • Protection of rural areas: Protect rural areas within the current City limits and Extraterritorial Jurisdiction. Streams, stands of trees, pastures, and open areas contribute significantly to the character of the area. Retention of these rural areas further acknowledges the limitations of public services and infrastructure. Resource Protection and Sustainability College Station residents are interested in protecting natural features for their ecological functions as well as their contribution to the character and identity of the community. Furthermore, there is an increasing interest in developing strategies and actions which ensure that the use of existing natural resources does not compromise resource availability for future residents. Residents have expressed an interest in the following considerations relating to resource protection and sustainability. • Preservation and acquisition of natural areas: Preserving and, where necessary, acquiring natural areas. Streams, wooded areas, and open spaces provide habitat for a variety of plants and wildlife, convey and clean our storm water, and add to the area’s character and identity. • Conservation of resources: As the population grows and demands exerted on natural resources (such as clean water and clean air) increase, it becomes apparent how limited these resources are. Using less of these resources and causing less harm is not only environmentally friendly but makes sound economic sense. Drilling deeper wells or finding alternative sources of water, using more expensive means to treat and clean water or air, and repairing damage caused by flooding represent significant costs that can be lessened or avoided through thoughtful use and conservation of these resources. 2 -5 College Station Comprehensive Plan As Amended 12-10-15 | Community Character • Green efforts: In addition to conserving existing resources, efforts can be initiated that enable use of sustainable practices. Walking and biking can reduce reliance on the automobile. Energy can be acquired from solar or wind sources, reducing reliance on coal generated power. Treated wastewater can be used to irrigate park facilities. City vehicles can use alternative fuels, reducing reliance on gasoline. Trees can be preserved or planted to further green the City. • Site planning and development practices: Land use and site development can have a profound impact on natural features. Improper management of storm water can cause flooding and damage habitats. Clearing all the trees from a site can reduce habitat and contribute to soil erosion. Vast areas of low-density, sprawling development consume valuable agricultural land. EXISTING LAND USE AND CHARACTER Future land use and character is grounded in the current use of land and the prevailing character. An overview of the current conditions is therefore necessary prior to forming policies for the future use of land and community character. College Station can be readily divided into three basic types of existing land use: urban, suburban, and rural. These are common terms that should bring immediate images to mind. In general, College Station is predominantly suburban in character with pockets of rural areas within the City and Extraterritorial Jurisdiction. Only the Northgate area exhibits the characteristics of an urban area. The following further describes these existing types of land uses, including explanations and descriptions of their sub-components. Attributes that currently define these areas contribute (sometimes negatively) to the identity of College Station. Urban Urban character is currently concentrated in the Northgate area. It primarily involves the businesses along either side of College Main, immediately north of University Drive. The public parking garage and recent multi-story residential projects built close to the street continue this urban feel. This area currently includes vertical development; minimal setbacks; minimal surface parking lots, and a high level of pedestrian activity. Urban character on College Main. 2 -6 College Station Comprehensive Plan Community Character| As Amended 12-10-15 Suburban Suburban character dominates College Station as a result of the time period of most of College Station’s development (post-World War II), local preferences and building customs, and the dominance of the student population (dormitories and apartments). Much of this suburban character is auto-dominated, that is it consists of land uses that have extensive areas of parking in relationship to their floor area. Big-box retail areas and shopping malls are quintessential examples of this character. Most apartment complexes, duplexes, and even single family residential developments catering to students exhibit similar auto-oriented character and design. Areas of the City exhibit a less auto-dependent and more walkable character. These areas retain a balance between green areas (parks and open space) and the built environment. Often these areas include parks, schools, and small-scale, neighborhood-serving busi- nesses. The College Hills area is a good example of this type of suburban land use and character. A few of these areas are more specialized in land use, such as the College Station Business Center, which provides employment and business opportunities in a walkable environment with significant open space. There are also suburban areas that are dominated by open space. These estate areas are much more rural in character with homes generally placed on large lots. Foxfire sub- division is a good example of this type of suburban land use and character. Rural Rural areas that currently exist in and around College Station include areas that exhibit countryside, agricultural, and natural character. Countryside is typically dominated by a few lots of estate size fronting a road surrounded by agricultural or natural lands. The latter two tend to be determined by uses – crop or ranching in agricultural areas and wooded or savannah lands in natural areas. Rural areas tend to be more Auto-Suburban Commercial along Earl Rudder Freeway Auto-Suburban Residential along University Oaks. Suburban character in the Business Center. Central park space in College Hills contributes Estate character in Foxfire. 2 -7 College Station Comprehensive Plan As Amended 12-10-15 | Community Character sensitive than other character areas to intrusions from incompatible development. FUTURE LAND USE AND CHARACTER The Future Land Use & Character Plan is presented through the following text and associated graphics contained in this chapter – Map 2.1, Concept Map, graphically portrays the policies; and Map 2.2, Future Land Use & Character, provides more specific details regarding the preferred future use of land in the City and Extraterritorial Jurisdiction and the desired character. Combined, this information captures the City’s policies regarding how and where College Station will grow and change over the course of the next two decades. Concept The concept embraced by this Plan is visually portrayed in Map 2.1, Concept Map. The basic land use concept associated with this Plan is to achieve the highest quality of life by accommodating the projected demand for new housing, businesses and public facilities, resulting in multiple places of distinction. This concept focuses on: • Strong and sustainable neighborhoods; • Unique districts and corridors both natural and man-made; • Growth areas flexible enough to respond to a changing marketplace while proscriptive enough to contribute to the community’s quality of life; • Rural areas that preserve open spaces and respect the limits of public infrastructure and services; • Redevelopment areas that renew struggling or underperforming areas of the community through partnerships with public and private interests; and, • Context sensitive mobility system linking the community together. In addition to meeting the projected demands associated with an increasing population, this concept enables the City to continue to strengthen its principal competitive advantage for attracting and retaining residents and visitors along with new businesses and the employment and tax revenues that accompany them – that is, a high quality of life. The following provides further clarification of these concepts. Rural character along Rock Prairie Road. 2 -8 College Station Comprehensive Plan Community Character| As Amended 12-10-15 Neighborhoods Existing neighborhoods, and adjacent areas of influence, are designated as Neighborhood Planning areas where, generally, the current land use, character and identity will remain. Each of these areas will be the subject of a future neighborhood plan. These plans will, among other activities, identify appropriate and compatible land uses and design for vacant lands within the neighborhood and its area of influence as well as for areas appropriate for redevelopment. Neighborhood plans will also aid in the development of strategies that address existing problems (for example, code issues) and identify enhancement actions (such as pedestrian or park improvements). The Concept Map identifies 14 neighborhood planning areas dispersed throughout the City. Districts and Corridors Districts and corridors exhibit opportunities for a mix of uses with an emphasis on walkability and the potential for a unique focus. An urban example is the Northgate District. Additionally, corridors (both natural and man-made) exhibit opportunities for resource protection or recreational activities. Examples include the Carter Creek and Lick Creek Corridors. Each of these areas have interim land uses designated on Map 2.2, Future Land Use & Character, and will be the subject of a future district or corridor plan that will, among other activities, refine appropriate and compatible land uses and design for vacant land within the district or corridor and for areas appropriate for redevelopment or resource protection. The following provides a brief overview of the focus for each of these future district and corridor plans: • Area I: Wellborn Community Area - This is an area located just outside the current City limits in the Extraterritorial Jurisdiction that is anticipated for annexation in the future. The area contains elements of a rural historic community (e.g., cemetery, community center, post office) which contribute to a unique character that the area residents have stated a strong preference to retain. The focus of this district plan should be working with the residents to identify and retain the elements of the community that contribute to its rural character. • Area II: Spring Creek District - This is an area located along State Highway 6 near the Rock Prairie Road interchange and the Spring Creek Business Park. The area includes the City’s only full-service hospital as well as a number of other medical related facilities. The area also includes significant natural features – a branch of Lick Creek and Spring Creek and a master planned, City-owned business park. The area represents one of the primary gateways into the City as one approaches 2 -9 College Station Comprehensive Plan As Amended 12-10-15 | Community Character from the south. The focus of this plan should be linking current and future medical facilities into a cohesive district. The natural features of the area should be incorporated into the design of the district and other identity elements such as signage, landscaping, and design, should be used to visually tie the district together. • Area III: Presidential Corridor Gateway District - This is an area located near the intersection of State Highway 47 and Raymond Stotzer Parkway (FM 60) adjacent to the Texas A&M University Health Science Center in Bryan. With the construction of the Health Science Center and the proximity of the Traditions development and Easterwood Airport, this area offers many opportunities for future growth and development. The focus of this district plan should be accommodating business (research and development, office, and light industrial) that builds upon the assets in the area and protects and enhances this primary gateway into the City. • Area IV: Northgate District - This area serves as the City’s primary entertainment district and represents the City’s only current urban character area. This area has been the subject of considerable planning along with substantial public and private investment. The focus of this district plan should be to update the previous planning efforts and continue development of this area into a vibrant entertainment district that includes mixed- use projects, tourist attraction, and existing faith-based organizations. • Area V: Hospitality Corridor - This is an area along University Drive near its intersection with Texas Avenue. A number of hotels and restaurants are currently located along this corridor. The City plans to develop a convention center along this corridor in the near future. The focus of this corridor plan should be linking current and future hospitality facilities into a cohesive corridor along with adjacent redevelopment areas that, over time, could emerge as another urban character area. The plan should include identity elements such as signage, landscaping, and design, to visually tie the corridor together. • Area VI: Wolf Pen Creek District - This district combines parks, arts, and commerce by linking a variety of private and public Integration of commercial development and green space in the Wolf Pen Creek District. 2 -10 College Station Comprehensive Plan Community Character| As Amended 12-10-15 facilities together with an urban greenway. This area has been the subject of considerable planning along with substantial public and private investment. The focus of this district plan should be to update the previous planning efforts and to expand its reach into the adjacent areas of influence, resulting in a more urban character. • Area VII: Municipal Center District - This is an area located between State Highway 6 and Texas Avenue including the original City cemetery, several municipal facilities, and Stephen C. Beachy Central Park. The area also includes significant natural features such as Bee Creek and several wooded areas. The focus of this district plan should be the development of a municipal center that would bring together City facilities, including a new City Hall, with opportunities to include residential and commercial activities with an urban character all in a cohesive design integrating the natural features in the area. • Area VIII: Carter Creek Corridor - This corridor consists of the entirety of Carter Creek and associated floodplain. Carter Creek is a significant natural feature stretching along much of the eastern edge of the City, linking College Station, Bryan, and the remainder of Brazos County. The focus of this corridor plan should be the protection of this natural feature and development of recreational opportunities that could tie the region together. • Area IX: Bee Creek Corridor - This corridor contains Bee Creek, a significant stream that traverses many neighborhoods in the core of the City. The watershed has been the location of intense development resulting in significant alteration to the stream. The focus of corridor this plan should be on the continued restoration of the creek, development of recreational opportunities, and expansion of its role in linking adjacent areas. • Area X: Lick Creek Corridor - This area includes Lick Creek Park and the surrounding area. Lick Creek Park is one of the most significant natural features in College Station, offering a unique natural setting and protecting a large wooded area, much of a watershed, and the habitats of rare and endangered species. The focus of this corridor plan should be the continued protection of the natural features found in the area, additional recreational and educational opportunities, and expansion of its role in linking adjacent areas. • Area XI: Speedway District - This is an area just south of the current City limits in the Extraterritorial Jurisdiction and is intended to be annexed in the near future. The area includes 2 -11 College Station Comprehensive Plan As Amended 12-10-15 | Community Character the Texas World Speedway in addition to a number of small businesses. The focus of this district plan should be protection and promotion of the speedway while transitioning the speedway into a master-planned General Suburban area that could involve a mix of uses including, but not limited to, general commercial, office uses, business park, or single-family residences. • Area XII: College Station Science Park District - This is an area just east of State Highway 6 adjacent to the Raintree neighborhood and includes the former Westinghouse plant. This area has been designated an Enterprise Zone by the City of College Station and is intended to be the location of a significant research and development facility. The site includes considerable land area beyond that necessary for research and development activities. The focus of the district plan should be accommodating the research and development operations along with additional opportunities for a mix of uses (residential and commercial) that should be suburban in character and integrated with and compatible to the surrounding residential areas. • Area XIII: Harvey Mitchell District - This is an area on the south side of Harvey Mitchell Parkway between State Highway 6 and Texas Avenue. This area includes a large floodplain and significant road frontage along Harvey Mitchell Parkway and Texas Avenue. The focus of the district plan should be the development of an urban area that incorporates the significant natural features of the area and that incorporates design elements that positively contribute to two significant entries into the core of the City. Growth Areas Growth areas exhibit opportunities for new development. In general, these areas are greenfields, located beyond the influence area of existing neighborhoods and not intended to be within a district or corridor. These areas will be the most market responsive areas; that is, they will offer the greatest level of land use flexibility. This flexibility will be accompanied by proscriptive land use and design guidance that will ensure the resulting development furthers the City’s overall goals and objectives. Growth Area I - This area consists of land adjacent to State Highway 6 bounded by the Speedway District to the south, the Pebble Creek area to the north and the Lick Creek Corridor to the east. This area should exhibit a suburban character overall. The streams, related riparian areas and floodplains shall be left intact and undisturbed except where utility placements, recreation facilities, or street crossings are necessary. 2 -12 College Station Comprehensive Plan Community Character| As Amended 12-10-15 • General Suburban Portion - Land nearest State Highway 6 should be used for suburban or neighborhood commercial and office activities. Suburban or neighborhood commercial and office activities may be appropriate elsewhere in the area if part of a planned development of at least 30 acres. High- density single-family lots (minimum 5,000 square feet), townhomes, and duplexes shall be limited to that portion of the area designated as General Suburban and shall incorporate specified design criteria including, but not limited to, minimum open space, floor-to-area ratios, and bufferyards. • Restricted Suburban Portion - The remainder of the area should be used for less intense suburban activities. A sizeable portion (15% or more) of the overall area should be retained as natural areas, parks, or open space with land uses clustered or with larger minimum lot sizes. Suburban or neighborhood commercial and office activities shall only be permitted as part of a planned development of at least 30 acres and shall incorporate specified design criteria, including, but not limited to, minimum open space requirements, floor-to-area ratios, and bufferyards. Medium-density single-family lots (average 8,000 square feet) are appropriate throughout this area when clustered, larger lots when not clustered. Townhomes may be permitted as part of a planned development of at least 30 acres and shall incorporate specified design criteria, including, but not limited to, minimum open space requirements, floor-to-area ratios, and bufferyards. Growth Area II - This area consists of land near the interchange of William D. Fitch Parkway (State Highway 40) and State Highway 6 and land southwest of William D. Fitch Parkway (State Highway 40) to the current City limits. • Urban Portion - Land nearest the William D. Fitch Parkway (State Highway 40) and State Highway 6 interchange should be used for intense land use activities including general commercial activities, office uses, townhomes, apartments, and vertical mixed-use. Single-family uses (excluding townhomes) should be prohibited from this area due to issues of incompatibility. No more than 25% of this total area should be used for residential activities exclusive of units incorporated into vertical mixed-use buildings. • Estate Portion - Due to service limitations (water, fire, and police), this area should remain rural in character and be developed at a low intensity. A significant portion (30% - 50%) of the total area shall be retained as natural areas, parks, or open space with land uses clustered or placed on large lots (minimum one acre). Low-density estate lots (average 2 -13 College Station Comprehensive Plan As Amended 12-10-15 | Community Character 20,000 square feet) are appropriate throughout this area when clustered. Growth Area III - This area consists of land along Rock Prairie Road bounded by Carter Creek to the northeast and established neighborhoods and the Spring Creek District to the west and south. The streams, related riparian areas, and floodplains shall be left intact and undisturbed, except where utility placements, recreation facilities, or street crossings are necessary. • General Suburban Portion - Land between Lick Creek and Rock Prairie Road should be used for general suburban activities. High-density single-family lots (minimum 5,000 square feet), townhomes, and duplexes shall be limited to that portion of the area designated as General Suburban on the Future Land Use & Character map and shall incorporate specified design criteria including, but not limited to, minimum open space, floor-to-area ratios, and bufferyards. Suburban or neighborhood commercial and office activities are appropriate in this area as an element of a planned development of at least 30 acres and shall incorporate specified design criteria including, but not limited to, minimum open space, floor-to-area ratios, and bufferyards. • Estate Portion - Due to service limitations (water, fire, and police) and the prevailing rural character, this area should remain rural in character and be developed at a low intensity. A significant portion (30% - 50%) of the total area shall be retained as natural areas, parks, or open space with land uses clustered or placed on large lots (minimum one acre). Low- density estate lots (average 20,000 square feet) are appropriate throughout this area if clustered. Suburban or neighborhood commercial and office uses may be appropriate adjacent to the intersection of William D. Fitch Parkway and Rock Prairie Road. Growth Area IV - This area consists of land between the intersection of William D. Fitch Parkway (State Highway 40) and Wellborn Road (FM 2154) to the current southern City limits bounded by the Wellborn Community Area to the west and the established Castlegate neighborhood to the east. • General Suburban Portion - Land near the intersection of William D. Fitch Parkway (State Highway 40) and Wellborn Road (FM 2154) should be used for general suburban activities. High- density single-family lots (minimum 5,000 square feet), townhomes, and duplexes shall be limited to that portion of the area designated as General Suburban on the Future Land Use & Character map and shall incorporate design criteria including, but not limited to, minimum open space, floor-to- 2 -14 College Station Comprehensive Plan Community Character| As Amended 12-10-15 area ratios, and bufferyards. Suburban or neighborhood commercial and office uses are also appropriate in this area. • Restricted Suburban Portion - This area should be used for less intense suburban activities. A sizeable portion (15% or more) of the overall area should be retained as natural areas, parks, or open space with land uses clustered or with larger minimum lot sizes. Suburban or neighborhood commercial and office activities shall only be permitted as part of a planned development of at least 30 acres and shall incorporate specified design criteria including, but not limited to, minimum open space requirements, floor-to-area ratios, and bufferyards. Medium-density single-family lots (average 8,000 square feet) are appropriate throughout this area when clustered, larger lot sizes when not clustered. Townhomes may be permitted as part of a planned development of at least 30 acres and shall incorporate specified design criteria including, but not limited to, minimum open space requirements, floor-to-area ratios, and bufferyards. • Estate Portion - Due to the prevailing rural character, this area should remain rural in character and be developed at a low intensity. A significant portion (30% - 50%) of the total area shall be retained as natural areas, parks, or open space with land uses clustered or placed on large lots (minimum one acre). Low- density estate lots (average 20,000 square feet) are appropriate throughout this area if clustered. Growth Area V - This area consists of land near the Wellborn Road (FM 2154) and Harvey Mitchell Parkway (FM 2818) intersection to the Rock Prairie and Wellborn Road (FM 2154) intersection, bounded by the established Southwood Valley area to the east and the Great Oaks neighborhood to the west. • Urban Portion - Land between the Wellborn Road (FM 2154) and Harvey Mitchell Parkway (FM 2818) intersection to the Cain Road and Wellborn Road (FM 2154) intersection should be used for intense land use activities including general commercial, office uses, townhomes, high-density apartments, and vertical mixed-use. Single-family uses (excluding townhomes) should be prohibited from this area due to issues of incompatibility. No more than 25% of the area east of Wellborn Road (FM 2154) should be used for residential activities exclusive of units incorporated into vertical mixed-use buildings. • General Suburban Portion - The area between Cain Road and Rock Prairie Road should be used for general suburban activities. High-density single-family lots (minimum 5,000 square feet), townhomes, and duplexes shall be limited to that portion of the area designated as General Suburban on the Future 2 -15 College Station Comprehensive Plan As Amended 12-10-15 | Community Character Land Use & Character map and shall incorporate design criteria including, but not limited to, minimum open space, floor-to-area ratios, and bufferyards. Suburban or neighborhood commercial and office uses are also appropriate in this area. Growth Area VI - This area consists of land north of Harvey Mitchell Parkway (FM 2818) bounded by the Texas A&M University campus to the northwest, Wellborn Road (FM 2154) to the east, and Southwest Parkway to the northeast. • Urban - This entire growth area should be used for intense land use activities including general commercial, office uses, townhomes, high-density apartments, and vertical mixed-use. Single-family uses (excluding townhomes) should be prohibited from this area due to issues of incompatibility. Growth Area VII - This area consists of land between Texas Avenue and State Highway 6 bounded by the Wolf Pen Creek District to the north and the Municipal Center District to the south. Much of this area is currently developed, though opportunities for infill and redevelopment exist. • Urban - This entire growth area should be used for intense land use activities including general commercial adjacent to Texas Avenue and State Highway 6, office uses, townhomes, high- density apartments, and vertical mixed-use. Single-family homes (excluding townhomes) should be prohibited from this area due to issues of incompatibility. Rural Areas Portions of the City and most of the Extraterritorial Jurisdiction are planned to remain rural and are identified accordingly on the Future Land Use and Character map. Additional information about these areas is contained in Chapter 8: Growth Management & Capacity. Redevelopment Portions of the City are identified for redevelopment activities. Within these areas it is anticipated that a change in land use – and, if appropriate, character – requires some form of direct market intervention by the City. This intervention may involve regulation (e.g., City-initiated rezoning), investment (e.g., capital expenditure on infrastructure), or incentives (e.g., fast-tracking of a project). This stands in contrast to areas that will experience a change in use consistent with the Plan based on market opportunities alone. Some of these redevelopment areas may be included in an established neighborhood area, district, or corridor and, thus, may be further refined through the subsequent plans for these areas. • Redevelopment Area I: Northgate Area - This area will continue to be the focus of public and private redevelopment efforts. 2 -16 College Station Comprehensive Plan Community Character| As Amended 12-10-15 These efforts should be guided by the district plan for the area, focusing on uses that support the entertainment and mixed-use aspects of this urban area. • Redevelopment Area II: Texas Avenue, University Drive, and Harvey Road - This area includes a number of underperforming land uses that, due to their proximity to two of the busiest corridors in the City, are poised for redevelopment. Much of the area is currently subdivided into small lots, making it difficult to assemble land for redevelopment. A portion of this area includes the current City Hall, which offers the opportunity to redevelop a larger parcel if City Hall is relocated to the Municipal Center District. The proximity of existing neighborhoods and the Texas A&M University campus requires careful site planning and appropriate building design. These efforts should be complimentary to the Area V: Hospitality corridor plan, the neighborhood plan for the Eastgate area, and the Texas A&M University Campus Master Plan and should focus on bringing vertical mixed-use and other aspects of urban character to this portion of the City. Areas along Harvey Road include new commercial areas that are part of the Wolf Pen Creek District but also include a number of underperforming commercial and multi-family properties. Additionally, this area includes Post Oak Mall, which will likely need to reposition itself in the near future to remain competitive. This entire area could evolve into a more dense area, including vertical mixed-use activity, which could compliment the adjacent Wolf Pen Creek District. • Redevelopment Area III: George Bush Drive/Wellborn Road - This area includes a number of underperforming commercial activities and poor quality residences that, due to planned road construction in this area and to their proximity to the University, are poised for redevelopment. Much of the area is currently subdivided into small lots, making it difficult to assemble land for redevelopment. The presence of existing residences and businesses, and proximity to existing neighborhoods and the University campus, requires careful site planning and appropriate building design. These efforts should be guided by the neighborhood plan for the Southside neighborhood area and should focus on bringing vertical mixed-use and other aspects of urban character to this portion of the City. 2 -17 College Station Comprehensive Plan As Amended 12-10-15 | Community Character FUTURE LAND USE & CHARACTER PLAN The concepts discussed in this chapter are further clarified by the following descriptions and are visually portrayed in Map 2.2, Future Land Use & Character. The associated acreages in each land use category are compiled in Table 2.1, Future Land Use & Character. Neighborhood Conservation - This land use designation is generally for areas that are essentially “built-out” and are not likely to be the focus of extensive infill development or redevelopment. Further, these areas often were platted before current development regulations were in place often resulting in non-conforming situations. These areas are appropriate for overlays or zoning classifications that provide additional character protection and address non-conforming issues. Rural - This land use designation is generally for areas that, due to public service limitations, inadequate public infrastructure, or a prevailing rural or agricultural character, should have very limited development activities. These areas will tend to include a mix of large acreages (ranches and farmsteads) and large-lot (one acre or larger) residential developments. Open space is the dominant feature of these areas. Estate - This land use designation is generally for areas that, due to public service limitations or a prevailing rural character, should have TABLE 2.1 Future Land Use & Character Designation Acreage in City % of Total Acreage in ETJ % of Total Total % of Total Neigh. Conservation 1,408.6 5.0% 0.0 0.0% 1,408.6 1.0% Rural 0.0 0.0% 94,930.4 87.6% 94,930.4 69.4% Estate 3,498.9 12.4% 0.0 0.0% 3,498.9 2.7% Restricted Suburban 4,030.4 14.3% 447.6 0.4% 4,478.0 3.3% General Suburban 2,467.2 8.8% 601.7 0.6% 3,069.0 2.3% Urban 2,690.8 9.6% 300.6 0.3% 2,991.5 2.1% Urban Mixed Use 400.8 1.4% 0.0 0.0% 400.8 0.3% General Commercial 882.3 3.1% 0.1 0.0% 882.4 0.6% Suburban Commercial 912.8 3.2% 76.6 0.1% 989.4 0.7% Business Park 1,203.2 4.3% 835.1 0.8% 2,038.3 1.5% Institutional / Public 673.9 2.4% 0.0 0.0% 674.0 0.5% Texas A&M University 5,259.4 18.7% 4.7 0.0% 5,264.1 3.9% Natural - Protected 1,250.8 4.4% 17.9 0.0% 1,268.7 0.9% Natural - Reserved 3,413.7 12.1% 11,137.7 10.3% 14,551.4 10.7% Utilities 61.7 0.2% 2.4 0.0% 64.2 0.0% TOTAL 28,154.5 100.0% 108,354.7 100.0% 136,509.7 100.0% NOTE: The total area of the combined City limits and ETJ is approximately 141,370 acres. The total area in the land use categories is 136,509.7 acres. The difference is within street and highway rights-of-way (4,860.3 acres, or roughly 3.4% of the overall area). * Totals down to decimal place level may vary slightly due to rounding. 2 -18 College Station Comprehensive Plan Community Character| As Amended 12-10-15 limited development activities. These areas will tend to consist of low-density single-family residential lots (average 20,000 square feet) clustered around open space or large lots (minimum one acre). Restricted Suburban - This land use designation is generally for areas that should have a moderate level of development activities. These areas will tend to consist of medium-density single-family residential lots (average 8,000 square feet) when clustered around open space, or larger lot sizes when not clustered. Townhomes, neighborhood commercial, and office uses may also be permitted in growth areas as an element of a planned development. General Suburban - This land use designation is generally for areas that should have an intense level of development activities. These areas will tend to consist of high-density single-family residential lots (minimum 5,000 square feet). Townhomes, duplexes, and neighborhood commercial and office uses may also be permitted in growth areas. Urban - This land use designation is generally for areas that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density apartments. General commercial and office uses, business parks, and vertical mixed-use may also be permitted within growth and redevelopment areas. Urban Mixed Use - This land use designation is generally for areas that should have the most intense development activities. These areas will tend to consist exclusively of residential, commercial, and office uses in vertical mixed-use structures. General Commercial - This land use designation is generally for concentrations of commercial activities that cater to both nearby residents and to the larger community or region. Generally, these areas tend to be large in size and located near the intersection of two regionally significant roads (arterials and freeways). It is preferred that in such areas development be concentrated in nodes rather than spread out in strips. Suburban Commercial - This land use designation is generally for concen-trations of commercial activities that cater primarily to nearby residents versus the larger community or region. Generally, these areas tend to be small in size and located adjacent to major roads (arterials and collectors). Design of these structures is compatible in size, roof type and pitch, architecture, and lot coverage with the surrounding single-family residential uses. Example of a Suburban Commercial restaurant use in another community. 2 -19 College Station Comprehensive Plan As Amended 12-10-15 | Community Character Business Park - This land use designation is generally for areas that include office, research, or industrial uses planned and developed as a unified project. Generally, these areas need good access to arterial roadways. Institutional/Public - This land use designation is generally for areas that are, and are likely to remain, in some form of institutional or public activity. Examples include schools and libraries. Texas A&M University - This land use designation is generally for areas owned by Texas A&M University. Natural (Protected) - This land use designation is generally for areas permanently protected from development. Such areas are preserved for their natural function or for parks, recreation, or greenways opportunities. These areas include areas such as regulatory floodway, publicly owned open space, conservation easements, and public parks. Natural (Reserved) - This land use designation is generally for areas that represent a constraint to development and that should be preserved for their natural function or open space qualities. These areas include floodplains and riparian buffers, as well as recreation facilities. Utilities - This land use designation is generally for areas that are, and are likely to remain, in some form of major utility activity. Examples include electric substations and wastewater treatment plants. COMMUNITY DESIGN AND APPEARANCE The physical design and appearance of the built environment – what buildings, streets, and parks look like – contributes significantly to the character and identity of the City. This section identifies many of the community’s unique assets and provides general policy guidance regarding suburban and urban design, streets and streetscape design, public buildings and facilities, image corridors, and gateways. More specific and detailed guidance will be provided through subsequent neighborhood, district, and corridor plans, as well as master plans and other studies and plans adopted by the City Council. Community Assets College Station has a number of existing assets (both natural and man- made) that contribute significantly to the character and identity of the City and, thus, are deserving of identification and worthy of policy guidance. Map 2.3, Community Assets and Image Corridors, visually portrays these assets which include natural features such as Carter Creek and Lick Creek, connections to the greater region such as Easterwood Airport, public facilities such as the Texas A&M University campus and Veteran’s Park, and various vistas and views. Care should 2 -20 College Station Comprehensive Plan Community Character| As Amended 12-10-15 be taken to protect each of these assets from encroachment by incompatible land uses and from insensitive development activities that would compromise their contribution to the area’s character and identity. Suburban and Urban Design Effective design helps to create places of distinction – places worth remembering and protecting. Effective suburban and urban design contributes significantly to the quality of life experienced by residents and visitors to our community. Design represents one of the places where private development interacts with the public realm. The design of parking lots, storefronts, streetscapes, and other physical features all have an impact – positive or negative – on those who walk or drive through an area. Along with giving more attention to where, when, and how land uses are developed (urban form), this Plan also highlights the impact that the design of the public realm has on character and identity. Streets and Streetscapes The design of a street and its intersections (its width, its design speed, the way it does or does not accommodate pedestrians and bicyclists in addition to vehicles, etc.) contributes to the experience of walking or driving along a corridor. The design of a street should be a function of both its role as a mobility corridor and its surrounding context. A street through a dense mixed-use urban area should differ considerably in design from a street through a predominantly rural area. This Plan uses an approach known as context sensitive design to ensure that streets are appropriate for the context in which they are located. Context sensitive design is discussed in much greater detail in Chapter 6: Transportation. Streetscapes are an important element of the character of the City and contribute to the experience of the pedestrian, bicyclist, and driver. An attractive and cohesive streetscape helps to reinforce the character and identity of an area. Wide sidewalks, unified street furnishings, and canopy trees contribute significantly to the character and identity of Northgate, as an example. Sidewalks and street trees perform several functions. Wide sidewalks in urban areas not only move pedestrians through an area but also offer opportunities for outdoor seating and sales areas, bringing the activities of a store or restaurant out into the public realm. Sidewalks in suburban areas provide connections between neighborhoods, to commercial areas, and to area parks and greenways. Street trees provide shade for pedestrians and parked vehicles. When placed properly, street trees can provide a buffer separating pedestrians from the travel lanes on a roadway. The addition of a tree-lined median can turn a road into a 2 -21 College Station Comprehensive Plan As Amended 12-10-15 | Community Character parkway. The recently completed Dartmouth Street extension is an example of this effect. Other features such as arcades and canopies, pedestrian-scaled street lights, wayfinding signs, unified bench styles, trash receptacles, and pavement treatments (such as pavers) help to elevate a street from being simply a utilitarian element of a community to a special place itself. Some portions of the City including Northgate and the Wolf Pen Creek District have addressed this issue to a certain degree through their district plans. Other areas of the City have been addressed through the 1992 College Station Streetscape Study. Updates to these district plans and the Streetscape Plan, along with new district and corridor plans and the context sensitive street design approach, will aid in maximizing the benefit that can be gained by street and streetscape design. Public Buildings and Facilities The location and design of public buildings and facilities are significant given their role in establishing community character and identity and in making a statement about the community’s values and expectations. A well designed elementary school that fits into a neighborhood, enabling children to walk safely from their homes and providing a place for neighbors to gather, contributes positively to that neighborhood’s character and reinforces the notion that the school is an integral part of the community. A new and well designed City Hall both enables the people to conduct their business and boldly asserts the value the community places on design. Public spaces can include plazas, amphitheaters, and pedestrian malls. Most of these facilities serve utilitarian purposes – picnic tables to eat at, venues to hear a concert, and places to walk. But because of the interactions they foster, they also serve to attract residents, businesses, and visitors. Such spaces should be highly visible and accessible to a variety of users; be well designed; safe, and secure; be designed to serve their utilitarian purpose, but also to support social interactions; and be easily and economically maintained. The location and design of plazas, schools, municipal office buildings, the convention center, and fire and police stations all affect and reflect the character and identity of College Station. Public buildings and facilities are a principal component of the design of any area where they are located. Such buildings and facilities The quality design of Fire Station No. 5 on William D. Fitch Parkway contributes greatly to the character of this growing area of College Station. 2 -22 College Station Comprehensive Plan Community Character| As Amended 12-10-15 should be strategically located and should employ the best design to strengthen existing and new neighborhoods, districts, and corridors. Recent examples include the impact the design of Wolf Pen Trail has on the Wolf Pen Creek District, the impact the design of the Promenade has on the Northgate District, and the impact the design of the City’s award winning fire stations has on the surrounding neighborhoods. Future opportunities exist in the design of the convention center for the Hospitality Corridor and in the design of a new City Hall in the Municipal Center District. Image Corridors Image corridors are delineated on Map 2.3, Community Assets and Image Corridors, reflecting their importance as routes that many residents and visitors travel and, along the way, form impressions of College Station. Several of these corridors either lie within an identified district or serve as a link between districts, further reinforcing their importance. Identity and beautification elements, such as decorative markers and themed wayfinding signs, should be placed along these corridors. Additionally, landscaping and streetscape elements should be unified and significant along these corridors. These corridors also offer the opportunity for the placement of public art and other design elements. Primary image corridors include corridors that carry high volumes of traffic and move travelers through or along some of the City’s most significant assets. Examples include State Highway 6, Texas Avenue, and Wellborn Road (FM 2154). Secondary image corridors include corridors that tend to carry slightly less traffic volume and move travelers mainly through the community’s significant business or residential areas. Examples include Rock Prairie Road, Harvey Road (FM 30), and portions of University Drive (FM 60). Image corridors also offer an opportunity to support the City’s resource protection objectives through the preservation of open space and other natural features along these key corridors. Where these corridors cross streams, go through forested areas, or offer attractive vistas, care should be taken in how bridges are constructed, banks are stabilized, storm water is managed, trees are protected, and views are kept unobstructed so as to maximize the positive impressions gained by these assets. Gateways A gateway serves as the symbolic entry point to an area, whether the City, a neighborhood, or a district. An effective gateway establishes an immediate positive impression that reinforces the character of an area and is visually harmonious with its surroundings. The key gateways into these areas need specific design elements and South Gateway State Highway 6 south of College Station is the path that brings many visitors into the community, especially from the Houston metropolitan area. Unfortunately, the City has little, if any, control over the quality and appearance of scattered roadside development that occurs many miles into the ETJ and beyond. Yet, this visual experience is how visitors begin to form an impression of the community long before they actually reach it. Therefore, efforts to establish significant gateways and welcoming points can easily get lost in this environment. 2 -23 College Station Comprehensive Plan As Amended 12-10-15 | Community Character enhancements to create such an experience. For neighborhoods this may be in the form of landscaping or an entrance monument. For districts and corridors this may be in the form of landscaping, streetscape, special lighting, signage, public art, or building design. Along the image corridors at key entry points to the City this may be in the form of landscaping, special signage, public art, or enhancements to bridges and overpasses. Each of the neighborhood area plans, district plans, and corridor plans should address the most effective means to enhance associated gateways. This section outlines the framework for the most appropriate manner to address the key gateways into and out of the City as a whole. This Plan identifies three levels of gateways, each with its own specific purpose and related design focus. Early Image-Setting Gateways are locations where those approaching the community can first be engaged and experience the College Station identity. These areas offer opportunities for tasteful signage and landscaping that are harmonious with the surrounding rural areas while announcing one’s pending arrival into College Station. Examples of appropriate locations for such enhancements are the intersection of University Drive/ Raymond Stotzer Parkway (FM 60) and Wellborn Road (FM 2154), the FM 60 crossing of the Brazos River, and the intersection of State Highway 47 and Raymond Stotzer Parkway (FM 60). Secondary Welcoming Gateways are locations where community identity and themes can be reinforced through more substantial enhancements. These may include significant monument signage, substantial areas of landscaping and tree planting, and flags. Generally these are located within the City limits but prior to arrival in the core of the City itself. Examples of appropriate locations for such enhancements are the Rock Prairie Road interchange with State Highway 6, the intersection of George Bush Drive and Harvey Mitchell Parkway (FM 2818), and the City limits at South College Avenue. Primary Arrival Gateways are locations where the most substantial enhancements should be installed. These may include significant monument signage, substantial areas of landscaping and tree planting, fountains, lighted icons, and large-scale art. Examples of appropriate locations for such enhancements are the intersection of This community entry monument, near the interchange of State Highway 6 and William D. Fitch Parkway, is well off the highway and not substantial enough to denote one’s arrival into a City as large as College Station. 2 -24 College Station Comprehensive Plan Community Character| As Amended 12-10-15 Texas Avenue and Earl Rudder Freeway (State Highway 6), the University Drive (FM 60) interchange with Harvey Mitchell Parkway (FM 2818), and the intersection of Texas Avenue and University Drive (FM 60). For these gateways to succeed, it is essential that common elements be used throughout each of the three levels. Further, enhancements should be focused and sized properly to have the intended impact. Enhancements dispersed over a wide area, lacking common elements, and sized inappropriately will have less of an impact and will miss a critical opportunity to reinforce the character and identity of College Station. GOAL, STRATEGIES, AND ACTIONS The goal for College Station’s future land use and character is to be a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. Six strategies have been developed to progress toward this goal. Each strategy has a series of action recommendations designed to implement the strategy. Strategy 1: Develop and maintain, through regular review, a land use plan that identifies, establishes, and enhances community character. • Land Use Plan Application. Use the Concept Map and the Future Land Use & Character map in the development of planning studies, development review, capital improvements programming, and economic development efforts. • Further Planning. Develop neighborhood, district, corridor and redevelopment plans to refine the Concept Map and Future Land Use & Character map. • Land Use Tracking. Monitor the actual acreage in various land use and character types in comparison to the amounts presented on the Future Land Use & Character map. • Plan Adjustments. Refine the Future Land Use & Character map through additional planning studies and periodic reviews as indicated in Chapter 9: Implementation and Administration. • UDO Amendments. Amend the Unified Development Ordinance as appropriate to establish zoning classifications and related standards consistent with the guidance provided in this chapter. • Zoning Adjustments. Amend the zoning map designations as appropriate for identified growth areas. College Station and Bryan partnered on this gateway enhancement that includes public art. 2 -25 College Station Comprehensive Plan As Amended 12-10-15 | Community Character Strategy 2: Establish and protect distinct boundaries between various character areas. • Zoning Adjustments. Amend the zoning map designations as appropriate to reinforce the desired character areas. • Unified Development Ordinance Amendments. Amend the Unified Development Ordinance as appropriate to address scale and form issues for neighborhood commercial uses, such as buffering between uses. Strategy 3: Promote public and private development and design practices that ensure distinct neighborhoods, districts, and corridors. • Further Planning. Develop neighborhood, district and corridor plans to refine the Concept Map and Future Land Use & Character map. • Unified Development Ordinance Amendments. Am end the Unified Development Ordinance as appropriate to address design issues that arise through the neighborhood, district, and corridor planning process. • Context Sensitive Roadway Design. Adopt the context sensitive design approach to thoroughfare planning and roadway design outlined in this Plan. Coordinate with the Texas Department of Transportation to implement these same provisions in State corridors. • Public Facility Design. Design and renovate municipal buildings to establish or reinforce the desired character. Coordinate with Texas A&M University and the College Station Independent School District to implement these same practices as they construct new facilities. • Incentives. Develop a variety of incentive mechanisms to promote the preferred design practices where market conditions or regulatory measures may not guarantee their implementation. • Greening of the City. Increase tree planting and preservation efforts along streets, in parks, and in private developments. Strategy 4: Promote public and private development and design practices that encourage resource conservation and protection. • Conservation Design. Encourage more extensive use of cluster design in portions of identified growth areas through mandatory open space conservation in exchange for more development options than currently entitled on properties. • Preservation and Protection. Amend the Unified Development Ordinance and other ordinances to protect significant natural features from development. This may include tree preservation and other ordinances to provide for riparian buffers and other environmental protections. 2 -26 College Station Comprehensive Plan Community Character| As Amended 12-10-15 • Land Acquisition. Acquire land that is valued for its natural features or open space through purchase or through conservation easements. • Green Building - Public Sector Leadership. Continue the development and implementation of the “Green College Station” initiative. Coordinate with Texas A&M University and the College Station Independent School District in the implementation of similar efforts. Strategy 5: Focus community enhancement activities to promote a strong sense of community identity. • Right-of-Way Enhancements. Add design features and beautification enhancements within road rights-of-way and at key highway intersections to further a common identity at important gateways and along image corridors. • Unified Wayfinding. Implement a formal, City-wide wayfinding system, providing a unifying and consistent design element that assists residents and visitors in locating community attractions. Strategy 6: Identify, protect, and enhance unique community assets in our natural and built environment. • Community Assets Mapping. Continue to refine and amend, as appropriate, the Community Assets Map contained in this Plan to provide a visual portrayal of the City’s unique natural and man-made assets. • Further Planning. Develop neighborhood, district, corridor and redevelopment plans to refine the Concept Map and Future Land Use & Character map. • Unified Development Ordinance Amendments. Amend the Unified Development Ordinance as appropriate to address explicitly the protection and enhancement of unique community assets. • Texas A&M University Coordination. Continue to coordinate with Texas A&M University regarding the benefits and impacts of University sponsored development projects, and support ongoing efforts to implement the Campus Master Plan. 3 -1 College Station Comprehensive Plan 3 N EIGHBORHOOD I NTEGRITY As Amended 12-10-15 Neighborhoods are the basic building blocks of a city. Neighborhoods are places to live, raise families, and socialize with friends and neighbors. For most people, purchasing a home is the largest financial investment they will make. However, housing choice is not based solely on the value of property. Homeowners are also interested in the schools their children will attend, the parks they will enjoy, the type of development that is planned for the surrounding areas, and the roads they will travel. Strong neighborhoods are not just a collection of houses within a subdivision boundary; neighborhoods also contribute to a unique sense of place and community identity, with residents contributing to partnerships, leadership, and civic involvement. In many ways , a community is only as strong and sustainable as its neighborhoods. The desire for strong neighborhoods that meet housing demand and contribute to quality of life has been in the forefront of community debate since College Station’s founding. The need to provide infrastructure to developing off-campus neighborhoods served as one of the primary reasons for the incorporation of College Station. Seventy years later, the City continues to balance its role as home to one of the largest public universities in the nation with the need to provide excellent services to the residents that make College Station their home. As the home of Texas A&M University, College Station is home to thousands of University students every year. Growth in the community has always been tied to the growth of the University; however, the permanent population has been less than the student enrollment until 2007. With on-campus housing available for only 10,000 students, the majority of students live off-campus in apartments and other rental properties including duplex, townhome, and single-family residences. This integration of the student population with the permanent population creates a unique community where school spirit is apparent in almost all facets of daily life. On occasion however, lifestyle differences between the student households and the family households cause tension in neighborhoods. Issues related to noise, property maintenance, and on-street parking are even more prevalent as market influences make purchasing homes for conversion to rental or investment property more attractive. 3 -2 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 As residential construction continues, College Station must consider the long-term viability of its newest neighborhoods and how they fit into the community fabric. Neighborhoods should capitalize on what sets them apart from other neighborhoods, while creating a seamless transition between different housing types and adjacent land uses. Building community and neighborhood integrity includes building strong organizations. Promoting homeowner and neighborhood associations is an important aspect of developing neighborhood integrity. These associations provide opportunities for localized decision making and community ownership that contribute to sustaining the attractiveness and marketability of neighborhoods. PURPOSE The purpose of this chapter is to provide the strategies and actions that encourage attractive, livable neighborhoods that meet the City’s housing needs. Issues such as property maintenance, compatibility of adjacent land uses, neighborhood traffic, rental housing, and historic preservation have an impact on the quality and stability of neighborhoods. The focus of this chapter is the continued viability and long-term protection of College Station's residential neighborhoods. This chapter identifies some of the existing conditions specifically facing neighborhoods and outlines major planning considerations facing the City. This is followed by the goal, strategies, and action items for implementation. NEIGHBORHOOD CONDITIONS Early College Station neighborhoods developed around parks and schools, in proximity to major University entrances, and bordered by commercial land uses on major thoroughfares. The majority of neighborhoods in College Station developed after 1970, due in large part to the University opening admission to women and minorities in the late 1960s. These developments are large, multi-phased subdivisions that take access from the City’s thoroughfare system, with limited connectivity between subdivisions. These neighborhoods are primarily single-family detached housing developments. There is very little neighborhood-oriented commercial activity within walking distance and those proposed uses adjacent to established residential neighborhoods have been protested on many occasions by the homeowners. Collectively, College Station neighborhoods provide a variety of housing types. There are more than 35,000 dwelling units in College Station. Multi-family units make up 56% of those units; however, this percentage decreased from 64% in 1990. New single-family home construction has been strong in College Station since 2000 and a 3 -3 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity consistent for-sale inventory of less than six months indicates a stable housing market. Rental Market Housing costs in College Station are among the lowest in the State and in the Nation, with a cost of living 23% below the national average. Market opportunities have resulted in real estate investors converting existing single-family homes to rental housing. Between the 1990 and 2000 Census, the percent of renter-occupied single-family homes fell from 13% to 11% of the occupied housing stock. The American Community Survey (2005-2007) suggests that this percentage has risen again to 13%. The majority of College Station’s 35,000 housing units are occupied by renters (48% in renter-occupied units and 30% in group quarters). The continual use of property for rent may have long-term implications for the quality of housing in College Station. These properties are often not maintained at the same level as owner-occupied housing units. This can lead to an aesthetic disparity between owner-occupied houses and rental homes, negatively impacting the character of a neighborhood as well as overall property values. A large majority of Texas A&M University students live off campus. Many of these students live in apartment complexes, but students can be found throughout the community and in almost every neighborhood (see Map 3.1, Student Population). Housing Conditions In 1995, a comprehensive housing condition survey was completed for the 1997 Comprehensive Plan (see page 3-5 for definitions used in classifications). This windshield survey of all housing units in the City and Extraterritorial Jurisdiction found that a majority of housing units in College Station (89%) were in good condition. An additional 10% were found to be in deteriorating condition, and fewer than 1% were found to be dilapidated. Within the City limits, good and deteriorating housing units made up 99% of the housing stock. This survey is further complemented by research done for College Station’s 2005 Consolidated Plan. Surveys were completed by Texas A&M University students focusing on low and moderate income census blocks. The updated survey rated over 5,000 housing units as excellent, conservable, substandard, or dilapidated in the City Limits (see page 3-5 for definitions used in classifications). Only 1% (63 units) was evaluated as dilapidated, and 10% (584 units) as substandard. Of the homes found to be dilapidated or substandard, 81% were found in low- and moderate-income areas. Additionally, these homes made up 17% of all the homes in low- and moderate-income areas, compared to 7% 3 -4 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 SOURCE: City of College Station Planning & Development Services Department 3 -5 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity in higher income areas. These census blocks also have a high number of rental properties and non-family households, which may indicate high student populations as they are in close proximity to the University. Age of Housing Stock Housing quality can often be tied to the age of the housing stock. As can be expected of a 70-year old city, only 10% of the housing stock is more than 40 years old compared to 21% in Brazos County and 34% in Texas. The majority of homes in College Station were built after 1990, and one-quarter of housing units in College Station have been constructed since the 2000 Census. Overall, the housing stock in College Station is in moderate to good condition. Areas in close proximity to the University with large concentrations of rental properties are facing more rapid deterioration than other areas in town. As housing begins to age in College Station, the City could see a greater rate of demolition in the core neighborhoods of the City. Code Enforcement and Noise Violations The City of College Station has an active code enforcement program that enforces violations and deals with nuisance issues such as junked vehicles, trash, tall grass, and property maintenance. Since 2008, over 13,000 enforcement actions have been processed across the City (see Map 3.2, Code Enforcement Cases - 2008-2009). The City’s Police Department is tasked with enforcing noise ordinances, and every year an average of 1,800 calls made to the Police Department are for noise complaints. Noise complaints rise every fall during football season and as new students arrive, then level off through the spring semester. A majority of calls are found in the core of Housing Condition Definitions from 2005 Consolidated Plan Excellent: Houses that have been built in the last five years. These houses were well maintained and did not obviously require any repairs. Conservable: Houses that are currently maintained and in generally good repair. Any required work is minor and can be accomplished in one weekend. Improvements include painting and repair of screens. Substandard: Houses that require significant repair. A substandard unit is one that need additional repairs that are more than required in normal maintenance such as a damaged wall, plumbing problems, broken windows and overall general repairs. Dilapidated: Houses that do not provide safe or adequate shelter and endanger the health, safety, and wellbeing of the occupants. Repair costs could exceed 50% of the value of the house. Such units have one or more critical defects or a combination of a number of deficiencies to the extent as to require considerable repair or inadequate construction. Defects, in addition to those listed above for substandard units include: Holes, open cracks, loose, rotten, or missing materials over large areas of the foundation, walls, or roof Sagging roof ridges, eaves, or out of plumb walls; Extensive damage caused by fire, storm, flooding, termites, etc. Housing Condition Definitions from 1997 Comprehensive Plan Good: Satisfactory or better condition. There is no visible evidence of physical or cosmetic problems. Deteriorating: Visibly in need of structural and/or cosmetic repairs and may not be in compliance with existing City codes. A “deteriorating” unit can be reasonably repaired to be brought into code compliance. A “deteriorating” dwelling unit could exhibit roof damage, foundation cracks, damage to structural elements, damage to permanent improvements such as driveways, patios, and siding, extensive peeling paint, neglected/overgrown landscaping, or similar problems. Without repair or maintenance, a “deteriorating” unit could quickly become “dilapidated.” Dilapidated: Visibly severe structural problems that threaten the health and safety of their occupants, and warrant condemnation or removal. “Dilapidated” structures could require extensive repairs and rebuilding in excess of the structure’s market value. A “dilapidated” dwelling unit could exhibit extensive roof damage, foundation shifting/movement, extensive damage to structural elements, extensive damage to permanent improvements, exposed wall systems, non-maintained landscaping, or similar problems. 3 -6 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 SOURCE: City of College Station Planning & Development Services Department 3 -7 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity the City, but noise concerns can be found throughout the City (see Map 3.3, Noise Violations). PLANNING CONSIDERATIONS During the comprehensive planning process, College Station citizens identified several issues facing the City in promoting attractive and livable neighborhoods. At the forefront is the community relationship with Texas A&M University and the rental market centered around student housing. Neighborhood traffic management, parks and greenways, infill and adjacent land uses, and neighborhood planning were also considered important. The Town/Gown Relationship As the cornerstone of the community, Texas A&M University significantly contributes to community identity. With room for less than one quarter of the 48,000 person student body in on-campus housing, student housing will continue to be provided around the community. Multi- family units make up 56% of all residential units in College Station (see Map 3.4, Multi-Family Areas), and economic conditions have led to the conversion of single-family homes into rental properties. These conversions have sparked a number of policy debates over the years, most recently through the Strong and Sustainable Neighborhoods Initiative in the winter of 2007/8. Working with neighborhoods, developers, investors, students, and University administrators, College Station staff identified a number of issues related to the influx of renters into traditionally single-family neighborhoods: • Noise. One of the most discussed issues by homeowners regarding tenant properties in single-family neighborhoods was the noise generated from loud stereos, parties, and other social gatherings. While current ordinances restrict noise that can be heard beyond common property lines after 10 p.m., there is a perceived lack of enforcement from residents who make complaints. The College Station Police fielded over 1,800 loud party calls in 2007, with the majority during the fall semester. • Parking. Generally, parking issues revolve around the lack of adequate off-street parking for three to four drivers in a house. With large parties and social events, on- and off- street parking becomes a major concern for emergency vehicle access as well as the allowance of parking for other residents. A few neighborhoods have requested to restrict parking on one or both sides of the street due to lack of access. Another concern is parking on lawns and blocking driveways, both of which are currently prohibited. 3 -8 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 • • SOURCE: City of College Station Planning & Development Services Department 3 -9 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity • • SOURCE: City of College Station Planning & Development Services Department 3 -10 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 • Property Maintenance. Owner residents have expressed concerns about the lack of maintenance of tenant properties. This includes everything from routine repairs to maintaining landscaping. While there has not been an established correlation between the maintenance of tenant properties and owner-occupied properties, property maintenance will continue to be a concern for older neighborhoods as the housing stock ages. The City has adopted the 2006 International Building Code which includes a Property Maintenance Code. Several enforce- ment actions have been taken since the code became effective in June 2007. • Communication. Effective communi- cation is one of the central challenges in maintaining productive relationships between the City and neighborhoods, and between neighbors. While some neighborhoods have open communi- cation with all of their residents and with the City, several others have commented on problems with engaging their renter population and obtaining information from the City. • Sprawl. Previous efforts by the City have tried to focus dense, rental development catering to students in close proximity to the University. However, since most of these areas are built out, greenfield development, including multi-family and rental subdivisions, are moving further south, away from campus. These issues are most apparent in areas close to the University, but examples are present across the entire City. Tension regarding these issues is most apparent where tenant-occupied homes are not the majority housing type in the neighborhood. Established neighborhoods often view the conversion to rental or investment homes as a threat to the integrity and identity of neighborhoods. The student housing and rental market also poses significant challenges in building and sustaining neighborhood associations. Most renters within College Station are students – a transient population. It becomes difficult to implement long-term solutions and lasting organizations that serve a population that will turnover every four to six years. Property maintenance has a significant impact on neighborhood character. These pictures represent two extremes in the maintenance of homes in older, established neighborhoods. 3 -11 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity Neighborhood Traffic Management Throughout the public input process for the Comprehensive Plan, transportation concerns ranked high for many citizens. While there is certainly a continued need for new road facilities, many of the comments provided focus on neighborhood transportation issues such as cut-through traffic, on-street parking, bicycle facilities, and pedestrian paths. One of the biggest concerns is the location of major thoroughfares through and adjacent to neighborhoods. Thoroughfares help to maintain connectivity; however, they have not always been designed in a way that is sensitive to residential uses. In older neighborhoods, thoroughfares are generally fully integrated into the street network, and with a higher degree of connectivity that more evenly disperses traffic. More recent developments place thoroughfares on subdivision edges, which has contributed to the canyon-like effect fences have on roadways and a lack of visual interest on new thoroughfares. Coupled with the increased use of cul-de-sacs and loop streets, many new developments have not provided connectivity that assists in distributing traffic volumes. The Thoroughfare Plan has been designed to provide for streets that can be integrated into neighborhoods, and should be designed to suit the context of the surrounding areas through context sensitive design (see Chapter 6: Transportation). While most College Station neighborhoods have sidewalks (as required of all new residential development), often times they have limited connections to commercial areas or to a larger sidewalk network. Current sidewalk standards allow six-foot sidewalks to be located at back of curbs or four-foot sidewalk with a planted buffer. The City’s 1999 Greenways Master Plan calls for major trail systems; however, only pieces of those trails have been acquired and/or built. Most through-City bicycle traffic is accommodated on bike lanes and routes on existing City roads. Neighborhood Parks and Greenways Neighborhood parks often serve as the center of interaction between neighbors. Homes adjoining a park typically maintain higher property values than other homes in the same neighborhood. Continuing to provide neighborhood parks and recreation services is important to maintaining community identity. College Station’s nationally-accredited and award-winning parks system helps to shape the character and identity of the neighborhoods that surround them. Providing active and passive recreational spaces, hiking, entertainment, and educational opportunities, College Station parks are central to the community. Both of College Station’s earliest neighborhoods developed with integrated Greenways are linear open space corridors that follow natural features such as creeks and rivers and their floodplains or man-made features such as utility, road or rail corridors. Greenways are a resource that serve a variety of functions including but not limited to floodplain management, protection of open space and wildlife and plant habitats. Trails within a greenway can provide alternate transportation, recreation and health benefits. Greenway trails also create connections to parks, neighborhoods, workplaces, schools, cultural and historical areas and shopping centers. 3 -12 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 parks – Brison Park in Southside and Thomas Park in Eastgate. College Station’s citizens continue to have high expectations for the provision of park facilities and the development of new facilities (see Chapter 5: Parks, Greenways, and the Arts). Not all open spaces are parks. Greenways provide much of the natural open space in and around the City, and are largely focused around the floodplain. In addition to flood control, greenways also provide for natural buffers between adjacent land uses and connect other parks and open space throughout the community. Although there has been preservation of some floodplain through the City’s Greenways program, the City has seen development encroach into the floodplain. Overall, there is general public opposition to developing in the floodplain, especially around existing residential development. The 2009 Bicycle, Pedestrian, and Greenways plan (proposed as part of Chapter 5: Parks, Greenways, and the Arts) will specifically address ways to encourage connectivity of greenways and methods for the conservation and acquisition of those properties. In addition to parks and greenways, public and private landscaping contributes to the attractiveness of the City’s neighborhoods. Neighborhoods in the core of College Station have dense landscaping and mature trees. Many citizens have expressed the desire to minimize clear-cutting and preserve existing stands of trees. This would be especially beneficial for new neighborhoods as they would have established landscaping rather than small trees and shrubs that take many years to mature. The City currently has streetscaping requirements for multi-family and non-residential construction on private property, and may consider expanding these to single-family development. The City has also increased its own efforts, making streetscaping a requirement on all City-constructed thoroughfares. Infill and Adjacent Land Uses Adjacent land uses have an impact on neighborhood character and identity. Non-residential and multi-family properties can develop out of character with adjacent single-family residences. Lighting, noise, and traffic are just some of the issues that arise, as well as the aesthetic issues of non-residential buildings adjacent to single-family homes. Buffering, architectural, and lighting standards are currently in place for Brison Park was developed as an integral component of the College Park subdivision in the 1920s. This commitment to the preservation and provision of open space and parks is still alive in College Station today. 3 -13 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity non-residential uses in the City. These standards were adopted in 2003 and 2004; however, neighborhoods often feel these standards are insufficient to deal with incompatible adjacent uses. These uses can be accessible to the neighborhood and developed in a way that provides a seamless transition from residential to non-residential uses. Small-scale office or neighborhood retail uses are appropriate directly adjacent to neighborhoods provided that they are an integrated component of the neighborhood with adequate buffering and transition for noise, light, and parking intrusions. Multi- family uses should also be designed as a component of the neighborhood instead of as islands of development with no relationship to their neighborhoods. Neighborhoods also face intrusion from out-of-character single-family infill development. As College Station attracts more retirees and alumni back to the community and as property values increase, areas close to the University will become targets for redevelopment. Already, older homes in the Southside neighborhood have been torn down in favor of larger homes – some serving as weekend homes for alumni – changing the character and identity of that neighborhood. With an increase of teardowns, gentrification is becoming a more relevant issue than in the past. The City should evaluate the impact of single-lot redevelopment on existing residents – taking care to minimize the displacement of permanent residents priced out of their neighborhoods as property values increase. This may become more relevant in the core neighborhoods closest to the University as older housing stock become the focus of rehabilitation and infill efforts. Historic Preservation The history and heritage of College Station is an important component of defining its identity. The original neighborhoods of College Station have faced changes since they first developed for professors and University staff. The City recognizes historic homes and buildings through its local Historic Marker program, which provides the property owners with social recognition and the public with some historic educational benefits; however, the marker status does not offer property protection or additional regulation. College Station recently adopted a Historic Preservation Enabling Ordinance. As part of this effort, a historic resources windshield survey was also conducted for two areas of the City (see Map 3.5, Historic Resources Windshield Survey Areas). The resources survey includes brief Gentrification is a process of redevelopment that results in the displacement of the original residents of a neighborhood due to increased property values. Gentrification occurs when homes and land are redeveloped in an existing neighborhood and cause a subsequent rise in adjacent property values that existing residents may not have the income to pay. Socio- economic shifts can result in changes in the original neighborhood’s culture and character. 3 -1 4 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 SOURCE: City of College Station Planning & Development Services Department 3 -15 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity histories; statements on architectural, historic and cultural resources of significance; and maps detailing areas within the survey that best represent potential historic districts. A comprehensive historic preservation plan would assist in prioritizing the City’s preservation efforts. A historic preservation plan should include continued research on the City’s historic areas and properties, identify new areas to survey, and identify assistance and incentives for preservation efforts. The plan should also identify ways to educate and communicate to the public the importance of historic preservation. New Neighborhoods New development plays a key role in the changing character of the City. New residential neighborhoods can have an impact on traffic patterns, property values, and quality of life. A number of College Station’s most recently developed neighborhoods have been developed primarily as rental property. Houses are built with four bedrooms and four bathrooms to appeal to investors and parents looking to purchase and rent to students. It is common that within months of completion of the initial phases, parking, noise, trash, and other code violations become problematic, negatively impacting the quality of life of residents and surrounding neighborhoods. New standards for high-density residential areas are needed to address these issues. New residential subdivisions should also be designed to fit within the existing fabric of the community and designed to complement the natural environment. Sustainable neighborhoods should be developed with integrated parks that are easily and safely reached on foot or bicycle and have identifiable borders and entries. Development policies should encourage the clustering of homes to reduce environmental impacts on sensitive areas like floodplains and provide for common areas of recreation and play that are easily accessible to residents. Perimeter treatment standards for fences, signage, and landscape may be used to provide unique identity and distinct borders for new neighborhoods. Context sensitive designs for thoroughfares should encourage buildings to face onto streets where practicable, and provide adequate multi-modal transportation options to and through the neighborhood. Additionally, connectivity in and around neighborhoods should be encouraged to help disperse traffic rather than funnel it onto one or two major roads. Neighborhood Planning The City of College Station currently coordinates services for neighborhoods through its Neighborhood Services Division. Neighborhood Services was created in 1999 out of a need for neighborhood planning, as evidenced in the 1997 Comprehensive Plan. Neighborhood Services originally focused on neighborhood plans, 3 -16 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 producing the Eastside Small Area Action Plan and the Eastgate Neighborhood Plan. Currently, Neighborhood Services focuses on promoting the development of neighborhood and homeowner associations and currently serves to provide assistance to 54 of these registered associations (see Map 3.6, Neighborhood Partnerships). The City should take a more comprehensive and continually-active approach to establishing a cohesive neighborhood planning program that includes planning initiatives tied to the neighborhood planning areas set out in Chapter 2: Community Character, a single point of contact for neighborhood organizations in problem solving, and education and outreach programs to neighborhoods and residents about City services and training opportunities. The City should focus on providing leadership training and assistance in capacity building for neighborhood associations. Neighborhood- focused services should begin tracking community identity and character indicators to help identify neighborhoods in transition so that the City can allocate resources to specific areas of need. Most importantly, the City should enhance its public engagement process through additional public education and outreach. Many of the issues that typically arise in the development process that frustrate neighborhoods happen because of a lack of communication and a lack of knowledge about the process. A comprehensive education and outreach program should be developed that provides opportunities to learn about neighborhood planning and the overall development process. Existing Regulations The City has a variety of existing regulations aimed at preserving neighborhood integrity. The most recent ordinances passed by City Council include the Historic Preservation Enabling Ordinance and the Single-Family Overlay Ordinance. The Historic Preservation Ordinance was adopted in September 2008 to assist in the preservation of College Station’s unique historical assets. The Single- Family Overlays were developed to help mitigate some of the issues associated with teardowns in established neighborhoods. There are two types of overlays, the Neighborhood Prevailing Overlay and the Neighborhood Conservation Overlay (see descriptions on page 3-18). Each is intended to assist neighborhoods in establishing consistent setbacks, building mass, lot coverage, and tree preservation in established neighborhoods. Currently, the City has one Neighborhood Prevailing Overlay, but it does not have any historic districts. 3 -17 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity SOURCE: City of College Station Planning & Development Services Department 3 -18 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 The City has adopted the 2006 International Building Codes that include a Property Maintenance Code and a Residential Code. These ordinances cover the minimum maintenance standards expected in the City, and set out the standards for new construction for residential homes. The City does not have any codes that address material or landscaping requirements for single-family residential construction. Buffer requirements and height limitations exist in the City for multi-family and non-residential development located adjacent to existing single-family. These requirements establish minimum setbacks and buffer area, fencing, and landscaping standards that must be met to provide a visual barrier between these uses. The City currently has ordinances that regulate the number of unrelated persons that may reside in a dwelling unit through its definition of a family in the Unified Development Ordinance. Currently, that number is four unrelated persons. In 2009, the City began requiring the registration of single-family and duplex rental properties. The purpose of the registration is to provide the City with a local point of contact for rental residences that can be used to address code enforcement and policing issues. The City also adopted regulations detailing host responsibilities for parties held in residential areas holding both the property owner and any other residents of the property responsible for noise, sanitation, and parking violations as a result of a party. GOAL, STRATEGIES, AND ACTIONS College Station residents have been clear in their desire to promote strong and sustainable neighborhoods. The Comprehensive Plan Advisory Committee has addressed neighborhood integrity through establishing the goal for the Comprehensive Plan to protect the long- term viability and appeal of established neighborhoods. The associated strategies and actions outline the steps the City will take in meeting this goal. Strategy 1: Identify, protect, and enhance elements that contribute positively to neighborhood identity. • Asset Mapping. Identify and map community wide assets that contribute to College Station’s identity as exhibited in Chapter 2: Community Character. Neighborhood Prevailing Overlay (NPO) This district is intended to provide standards that preserve single-family neighborhoods by imposing neighborhood-specific yard, lot, and open space regulations that reflect the existing character of the neighborhood. The Neighborhood Prevailing Overlay does not prevent construction of new single-family structures or the renovation, remodeling, repair or expansion of existing single-family structures, but, rather, ensures that new single- family structures are compatible with existing single-family structures. – UDO Section 5.9.D.1 Neighborhood Conservation Overlay (NCO) The Neighborhood Conservation Overlay District (NCO) is intended to protect and preserve single-family neighborhoods through a district that is focused on the specific needs of the neighborhood. NCO districts are based on in-depth study of the existing neighborhood conditions, and should be used to protect unique assets and qualities of the neighborhood. Conservation districts may be used for neighborhoods that offer a distinct character that its residents and the City wish to preserve and protect. It differs from the Neighborhood Prevailing Overlay in that it allows neighborhoods to choose from a variety of standards to address neighborhood specific issues. – UDO Section 5.9.D.2 3 -19 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity • Neighborhood Specific Planning. Utilize neighborhood plans to further identify and outline protection options for neighborhood-specific elements that contribute to neighborhood integrity. • Strategic Long-Range Planning. Adopt recommendations from the Comprehensive Plan that help establish and protect neighborhood identity. • Sustainability. Promote sustainable design of developing neighborhoods. • Historic Preservation. Establish a historic preservation program that includes preservation ordinances, design guidelines, and educational and promotional programs. • Neighborhood Associations. Encourage establishment of homeowner, neighborhood, and tenant associations for all residential developments to ensure a direct, cooperative means for residents of an area to maintain neighborhood standards. • Predictable Infill. Continue to utilize and adapt Single-Family Overlay regulations to protect neighborhood development patterns. • Environmental Protection. Develop regulations and incentives that protect and preserve the natural environment in and around College Station including tree preservation, floodplain and greenway management, design flexibility, and growth management policies. • Transportation Options. Promote multi-modal, context sensitive transportation connectivity to improve safety on neighborhood streets through the adoption of the Thoroughfare Plan; the Bicycle, Pedestrian, and Greenways Master Plan; development regulations; and capital improvement plans that insure these facilities are constructed in accordance with adopted plans. • Enhanced Aesthetics. Develop standards for streetscaping, perimeter treatment, and signage for new residential subdivisions. • Neighborhood Funding Support. Continue to fund and expand the Neighborhood Grants program for neighborhood activities such as gateways, landscaping, and other permit application fees. • Attractive Public Facilities. Enhance the standards for maintenance of public facilities such as streets and parks to ensure that these facilities are attractive assets for a neighborhood. 3 -20 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 Strategy 2: Identify and minimize elements that detract from community identity. • Neighborhood Specific Planning. Utilize neighborhood plans to help identify neighborhood-specific issues that detract from neighborhood identity and integrity, and develop options to minimize those issues. • Housing Maintenance Trends. Maintain inventories of housing conditions by neighborhood to monitor trends in housing maintenance and upgrades, as well as signs of deterioration. • University Growth. Monitor student enrollment and student housing trends to track impacts on the local housing market, including pressure for additional student-focused housing in new locations. • Code Enforcement. Create an effective code enforcement program that expediently and efficiently resolves code violations, including: o Develop methods to address noise violations – including working with Texas A&M University police – to establish weekend patrols for noise, as well as public intoxication and other violations. o Create a system for the public to monitor enforcement complaints and track their resolution. o Prioritization of enforcement activities based on input from neighborhood plans. • Property Maintenance Standards. Increase enforcement resources to ensure that minimum property standards are being upheld. • Public Maintenance Standards. Enhance the standards for maintenance of public facilities such as streets and parks to ensure that these facilities are attractive assets for a neighborhood. • Absentee-Owner Housing Policies. Adopt the strategies found in the Strong and Sustainable Neighborhoods Report for managing the impacts of rental and absentee-owner housing. – Item complete. • Parking Standards. Develop programs and policies to better manage on-street parking such as: o Coordinate with Texas A&M University regarding construction activities and/or special events to prevent excessive on-street parking in adjacent neighborhoods. o Consider options to streamline neighborhood traffic management processes to address traffic calming and parking concerns in established neighborhoods. 3 -21 College Station Comprehensive Plan As Amended 12-10-15 | Neighborhood Integrity Strategy 3: Identify and implement tools to ensure that infill or redevelopment adjacent to or within a neighborhood is sensitive to its surroundings. • Asset Mapping. Identify and map areas for redevelopment as outlined in Chapter 2: Community Character. • Redevelopment. Utilize neighborhood plans to further identify appropriate infill and redevelopment options, as well as to develop appropriate protection options for redevelopment that is incompatible with neighborhood plans. • Gentrification. Create methods to identify, track, and minimize the undesirable effects of gentrification in established neighborhoods. • Compatible Infill. Establish development regulations to address the compatibility of infill or redevelopment in established neighborhoods and the transition of land uses around the fringes of such neighborhoods, including regulations relating to height, setback, buffering, architectural style, lot coverage, landscape protection, and other development standards. • Regulatory Obstacles. Evaluate City codes to identify and remove regulatory obstacles to desired, compatible infill development and revitalization activity. Strategy 4: Develop, implement and maintain, through regular review, neighborhood plans. • Neighborhood Programming. Establish a neighborhood program that provides a single point of entry into the City organization oriented to addressing neighborhood issues and coordination of all City programs. • Public Engagement. Create communication, education, and training programs for neighborhood representatives to encourage stability, cross-communication, and development of skills to help neighborhoods make the best use of the resources available to them. Develop programs to increase public engagement in the planning process to keep citizens aware of development issues as they arise so that there is adequate time for review and understanding by the citizens before construction occurs. • Data Monitoring. Improve data collection and mapping regarding neighborhood opportunities and challenges. • Market Analysis. Monitor nationwide trends in private development of student-oriented housing, as well as strategies used by other cities with major universities to address compatibility concerns associated with the location and design of such development. 3 -22 College Station Comprehensive Plan Neighborhood Integrity| As Amended 12-10-15 • Neighborhood Specific Planning. Establish neighborhood- specific plans which provide clear guidance for evaluating the appropriateness and compatibility of individual developments and their particular intensities and impacts within the context of the existing, desired community identity and conditions. • Character-Based Development. Adopt a character-based approach to development regulation as outlined in Chapter 2: Community Character to increase flexibility and ease and encourage the implementation of planned developments which feature mixing of housing types and integration of other supportive uses and neighborhood amenities in a well-designed setting. 4 -1 College Station Comprehensive Plan 4 E CONOMIC D EVELOPMENT As Amended 12-10-15 The Economic Development Master Plan was created to further implement the goals and strategies of the City’s Comprehensive Plan. The master planning process offers the opportunity to focus on a single functional element – in this case, economic development – and develop detailed approaches to implementing the goals and objects contained in the Comprehensive Plan, including the goal of “ensuring a diversified economy, generating quality, stable, full-time jobs; bolstering the sales and property tax base; and contributing to a high quality of life.” ECONOMIC DEVELOPMENT MASTER PLAN Through the Comprehensive Plan Five-Year Evaluation & Appraisal Report, it was recommended that Chapter 4, Economic Development be replaced by the up-to-date Economic Development Master Plan adopted by City Council on September 12, 2013. 5 5 -1 College Station Comprehensive Plan P ARKS, G REENWAYS & T HE A RTS As Amended 12-10-15 Parks, greenways, and the arts play an integral role in improving quality of life for the residents of College Station. They foster social, environmental, economic, and health benefits by uniting families, building cultural diversity, promoting stewardship of natural resources, attracting businesses, and offering places for a healthy lifestyle. Parks and greenways create a sense of place and frame neighborhoods into unique spaces to be enjoyed and explored. Performing and fine arts provide opportunities for entertainment, education and culture. When College Station residents were asked as a part of the comprehensive planning process to rank enhancements that would make College Station a better place to live and work, more parks, greenways, and entertainment were among the top choices. Also ranking high with respect to needs and desires for the community, were environmental protection, parks and recreation facilities, drainage and flooding concerns, and community image and appearance. Residents view parks, greenways, and the arts as necessities in College Station. Parks, greenways, and the arts improve the character and livability of a city and warrant a significant level of attention and commitment of resources. Planning and investing in these assets is expected and appreciated by current residents, business owners and visitors. PURPOSE The purpose of this chapter is to recognize and ensure the continued protection and enhancement of leisure and recreation opportunities available to the residents of College Station through parks, greenways and the arts. College Station enjoys a diverse and educated population which supports and celebrates this vital component of local quality of life. In addition, the City recognizes the value of the natural environment and its effects upon the physical and mental health of its residents. Another important function of this chapter is to set the framework for the City’s parks and recreation system and greenways program for the next two decades. The City’s Recreation, Park, and Open Space Master Plan was last updated and approved by City Council in 2011. The Bicycle, Pedestrian and Greenway Master Plan was adopted in 2010. This chapter ensures consistency and coordination with these two plans as they are updated. The City of College Station offers its residents a wide variety of recreation and leisure experiences in locations across the community. 5 -2 College Station Comprehensive Plan Parks, Greenways & the Arts| As Amended 12-10-15 EXISTING CONDITIONS The City of College Station currently has over 1,305 acres of parkland and 500 acres of greenway that allow for active and passive recreation. They are classified as follows and displayed in Map 5.1, Parks and Greenways. • Mini Parks – 7 • Neighborhood Parks – 34 • Community Parks – 8 • Regional Parks – 2 (Lick Creek Nature Park and Veterans Athletic Park) • Special – 2 (Arboretum, Conference Center) • Cemeteries – 2 (not included in total acreage above) • Greenways trials – 3 miles of paved trails College Station currently provides a wide variety of facilities and programs within these parks. Facilities available include athletic fields and courts, pavilions, playgrounds, pools and trails. Other facilities include a recreation center, teen center and soon to be built skate park. Programs range from aquatics to sports for youth and adults as well as special events. From swim lessons, athletic leagues, and afterschool care through Kids Klub, to education classes through XTRA Education and entertainment with the Starlight Music Series. Demographics Growth and changing demographic trends are important components in determining the development of parks, greenways and the arts. College Station has an average annual rate of 3% and is projected to increase by approximately 40,000 people by 2030 for a total of over 134,000 residents. An increase in population creates a need for a greater number and diversity of programs and facilities to maintain current levels of service. Although school and college-aged residents will continue to make up a large portion of the population, residents of retirement age are the fastest growing demographic. This may present a need for more passive recreation opportunities in the future in a system currently geared towards more active recreation. Needs Assessment A combination of standards-based, demand-based, and resource- based approaches are used to assess the need for additional parks, recreation facilities, and greenways within College Station. The standards-based approach relies on the City’s goal to achieve 7 acres of parkland per 1,000 citizens (3.5 acres for neighborhood parks and 3.5 acres for community parks per 1,000). Table 5.1, Neighborhood and Community Parkland Needs (2009), displays acreages for the The Parks and Recreation Advisory Board has established a policy not to develop mini parks under five acres in the future. Limited use and effectiveness of parcels less than five acres does not justify the costs associated with their maintenance and operations. 5 -3 College Station Comprehensive Plan As Amended 12-10-15 | Parks, Greenways & the Arts current parkland needs (based on population) within College Station. The potential need for additional parkland acreage to satisfy current and future demands is determined by applying the recommended standards to the current and future population of the City. As Table 5.1, shows, based on a 2009 population of 91,009 persons (as estimated by the City’s Planning & Development Services Department), College Station should have a total parkland supply of 637.06 acres. The City currently maintains 623.06 acres of parkland (regional parks are not included in this benchmark comparison). Therefore, based on the parkland acreage available to the community today, the City has a deficiency of 14 acres. The major challenge for the City will be to maintain the current acreage in the park system while obtaining and developing sufficient land to keep pace with the future population growth in the community. Table 5.2 shows the recommended parkland supply necessary to support the City’s projected 2030 population of 134,772 persons. Based on this population projection and the existing inventory of City owned parks, College Station’s current parkland acreage is insufficient to meet the 2030 acreage target. The total acreage needed to support the projected population is 943.40 acres, compared to 623.06 current acres. Therefore, the City should add 320.34 acres of community and neighborhood parkland by 2030. The demand-based approach evaluates demand and use of parks and facilities as well as levels of participation in recreation programs. It also involves public involvement techniques (telephone surveys, interviews, focus groups, etc.) that provide insight into user preferences and desires. The comprehensive planning process included a community-wide survey, public meetings, and focus groups. In 2005, a Needs Assessment was also initiated in collaboration with the Department of Recreation, Park and Tourism Sciences at Texas A&M University. Focus groups, a public meeting, and a community-wide survey were conducted to aid and guide the City in long-range planning decisions concerning the needs of residents. The resource-based approach considers the protection of natural and cultural resources and determines how they can best be utilized. This TABLE 5.1 Neighborhood and Community Parkland Needs (2009) 2009 Estimated Population 2009 Park land (Acres)1 2009 Current Acres per 1,000 2009 Park land Needs (Acres)2 2009 Deficit/Surplus (Acres) 91,009 623.06 6.84 637.06 -14 TABLE 5.2 Neighborhood and Community Parkland Needs (2017) 2030 Projected Population 2009 Park land (Acres)1 2030 Park land Needs (Acres)2 2030 Deficit/Surplus (Acres) 134,772 623.06 943.40 -320.34 1 Includes mini, neighborhood and community parks (including University-owned Hensel Park, which accounts for 29.7 acres in the community park category; excludes regional parks). 2 Based on standard of 3.5 acres for neighborhood parks and 3.5 acres for community parks per 1,000 residents (total 7.0 acres per 1,000 residents). 5 -4 College Station Comprehensive Plan Parks, Greenways & the Arts| As Amended 12-10-15 includes the City’s greenway system, historic sites, and cemeteries. The Bicycle, Pedestrian and Greenways Master Plan will further define the manner in which stream corridors are utilized. These three approaches provide a comprehensive analysis for future additions to the parks and recreation system as well as the greenway system. The Recreation, Park, and Open Space Master Plan and the Bicycle, Pedestrian, and Greenways Master Plan will further address land, facility and program needs that surfaced through this planning process. PLANNING CONSIDERATIONS Through the comprehensive planning process, College Station’s residents identified various issues and opportunities facing the community with regard to parks, greenways, and the arts. The planning considerations highlighted in this section shaped the development of the goal, strategies and action recommendations that follow. Maintaining a Premier Parks and Recreation System The community must ensure College Station maintains and develops its parks and recreation system effectively to meet current and future needs. Considerations for the community include: (1) continued development of a balanced, convenient and accessible park system, (2) quality park appearance and maintenance, and (3) coordination, collaboration, and adequate funding. Continued Development of a Balanced, Convenient and Accessible Park System A successful parks and recreation system creates a balance of public open spaces and recreation opportunities across the community. All residents should have an equal opportunity to access parks and the facilities they offer to meet recreational needs. A comprehensive parks and recreation system also offers a variety of park classifications, ranging in size and focus from regional (larger) to neighborhood parks (smaller), to satisfy diverse needs. Regional parks (typically serve the majority of residents and a regional or thematic focus like Lick Creek Park (Nature Park) or Veterans Park & Athletic Complex. Community parks serve residents within a two- to three-mile radius with expanded or more active recreation spaces, and facilities, such as Stephen C. Beachy Central Park or Southwood Athletic Park. Neighborhood parks serve the daily recreational needs of residents and are usually within walking distance. A variety of indoor and outdoor facilities and spaces, as well as an 2005 Needs Assessment Some of the themes that surfaced through the 2005 Needs Assessment included a need for trails with increased connectivity to other trails and key destinations, a concentration on greening the City by acquiring more parkland and increasing tree plantings, improved communication and marketing of parks and recreation facilities and programs, as well as additional swimming pools, including a water park, and a senior center. 5 -5 College Station Comprehensive Plan As Amended 12-10-15 | Parks, Greenways & the Arts adequate assortment of activities and programs, should be provided to meet the individual and collective needs of all the residents of College Station. Quality Park Appearance and Maintenance The condition and appearance of parks is an indicator of their value to the community. Collectively, parks and public open spaces can also contribute to the aesthetics, natural beauty, property values, and sustainability of the City. Being a City faced with future growth and land development, College Station will see an increased demand for a parks and recreation system. To meet this increasing demand, mechanisms that encourage joint acquisition, development, and funding of public spaces will help the City stretch local resources for the development and redevelopment of its parks. Coordination and collaboration among agencies, such as with Brazos County, College Station Independent School District, the City of Bryan, Texas A&M University, developers, and other local agencies and organizations would mutually benefit all interests. It eases the municipal tax burden related to parks and recreation demands and, at the same time, enhances the quality of parks and recreation facilities and programs. Coordination, Collaboration, and Adequate Funding In a City that is faced with future growth and land development, College Station will see an increased demand for parks and recreation facilities and programs. To meet this increasing demand, mechanisms that encourage joint acquisition, development, and funding of public spaces will help the City to stretch local resources for the development and redevelopment of its parks. Coordination and collaboration among agencies, such as with Brazos County, College Station Independent School District, the City of Bryan, Texas A&M University, developers, and other Parks and natural open space provide opportunities to experience and learn about the natural environment and sustainability. Lick Creek Nature Park is a successful example of a City park that fosters environmental education. Athletic fields and courts, play areas, and open space at local public school campuses complement the City’s parks and recreation system for nearby residents. 5 -6 College Station Comprehensive Plan Parks, Greenways & the Arts| As Amended 12-10-15 local agencies and organizations would mutually benefit all interests because it eases the municipal tax burden related to parks and recreation demands and, at the same time, enhances the quality of parks and recreation facilities and programs. Collaboration requires effective communication and coordination among stakeholders. Through agreements reached between public/semi-public agencies, as well as partnerships with the private sector, the parks and recreation system can benefit in the quality and quantity of facilities and programs it offers. Joint acquisition, construction, operation, and maintenance allow more efficient use of public resources while ensuring that the system is well-coordinated and connected. Effectively leveraging State and Federal grants and private foundation funds is also important to developing and sustaining a parks and recreation system for the long term. Enhancing the Greenways Program The purpose of the Greenways Program is to establish a network of greenways or open space corridors throughout the community for conservation and recreation. Considerations for the community include: (1) promoting land acquisition in order to maximize City protection, public use and enjoyment; (2) creating connections to key destinations with greenway trails; and (3) natural resource stewardship through conservation, preservation and restoration. Since the adoption of the first Greenways Master Plan by City Council in 1999, College Station has made progress toward establishing a network of greenway corridors across the community. As ongoing urbanization alters the City’s natural landscape and quality of life, it is important to continue developing the greenway system through acquisition and protection. Greenways serve to protect linear open spaces that follow natural (e.g., rivers and streams and their floodplains) and man-made features (e.g., utility, road or rail corridors). They should remain in their natural state except for the introduction of greenway trails that connect people with places. Greenways to be protected in College Station currently include the following creeks: Alum, Bee, Carter, Lick, Spring, Wolf Pen, their tributaries and floodplains, as well as the Gulf States Utility Easement. Greenways provide functional, aesthetic, economic and social benefits to the community including floodplain mitigation, trails, recreation, alternative modes of transportation, protection of wildlife and plants, increased real estate values to adjacent properties and tourist revenue. The greenways program and its benefits are still new to the community and will require education and promotion to be successful and effective. 5 -7 College Station Comprehensive Plan As Amended 12-10-15 | Parks, Greenways & the Arts Connection of Parks, Schools, and Neighborhoods Using Greenways Greenway trails can connect people and places by providing an alternative mode of transportation for bicyclists and pedestrians. These linear corridors create opportunities for regional connectivity between neighborhoods, parks, schools, transit stops and a variety of key destinations that are convenient and safe. The benefits of the parks and recreation system are also enhanced as they become more readily accessible to residents through these trails. The City will need to balance the preservation of open space and the introduction of trails to minimize environmental impacts with the other functions of greenways, including floodplain management, erosion control, stormwater management and the protection of wildlife and plants. Crime prevention through environmental design and universal design should also be incorporated into the location and design of greenways in order to ensure safety and accessibility. Natural Resource Stewardship through Conservation, Preservation and Restoration There are a variety of open spaces throughout College Station, the Extraterritorial Jurisdiction, and the City’s public parks and greenways that encompass important natural resources worthy of environmental protection. Land along major rivers and streams such as the Brazos River, Carter Creek and their floodplains, existing utility easement, drainage easements, and agricultural lands in the Extraterritorial Jurisdiction, offer opportunities for land stewardship through conservation, preservation, or restoration. As College Station continues to develop, protecting its valuable natural resources will be important in maintaining the aesthetic character and environmental quality of the community. Restoring and protecting natural areas provides the benefits of outdoor recreation opportunities and general enjoyment for the community. Rivers, streams and their riparian buffers serve as amenities which prevent flood damage, protect wildlife and plant habitat, recharge groundwater resources, provide for storm water management and improve water quality. Better protection and use of natural areas in and around College A south side bicycle and pedestrian corridor, as seen here from Victoria Avenue, provides off-street connections between area neighborhoods and College Station Middle School, Southwood Athletic Park, and other trails. 5 -8 College Station Comprehensive Plan Parks, Greenways & the Arts| As Amended 12-10-15 Station may be achieved by adopting sound environmental conservation practices and responsible land development practices. These natural areas should be incorporated into developments as natural amenities to help sustain their function as an environmental resource. Doing so requires polices that balance development and natural resource protection. Recognizing and Supporting the Arts and Other Leisure Activities As both the home of Texas A&M University and a growing, vibrant community in its own right, College Station increasingly desires to promote a range of activities to enliven its residents’ leisure time. This includes unique and integrated opportunities for entertainment, education and culture. Such amenities clearly boost a community’s livability and also make it more attractive to current and potential new residents, retirees, and businesses. The City’s Role in the Arts In taking a direct role as both a promoter and purveyor of leisure time pursuits, the City recognizes the range of interests and abilities that are found across the community. With limited funds and staffing, both within municipal government and among its various private and non-profit partners, the City faces the challenge of being responsive to diverse wants and needs while attempting to focus on some core offerings so that a high quality facility and/or service can be provided and maintained over time. The City also has a role to play in more passive aspects, such as ongoing support for public art installations which make a statement about the community and enhance its image at gateway locations, along key corridors, and within parks and greenways. GOALS, STRATEGIES, AND ACTIONS The overall vision for College Station’s community in the years ahead is to achieve and maintain a diversity of parks, greenways and the arts for leisure and recreation as well as for entertainment, education and culture to achieve a high quality of life for all residents and visitors. The three strategies in this section elaborate on these themes and community priorities. Strategy 1: Maintain and expand the parks and recreation system as well as its facilities and programs consistent with growth expectations. • Plan Update. Complete an update of the 2003 Recreation, Park, and Open Space Master Plan. • Needs Assessment. In addition to periodic plan review and updates, a comprehensive, community-wide needs assessment should be completed at least every five years to evaluate 5 -9 College Station Comprehensive Plan As Amended 12-10-15 | Parks, Greenways & the Arts facilities and programs provided by the Parks and Recreation Department. • Secure more Parkland. Continue to provide adequate land for future neighborhood, community, and regional park development. The Parkland Dedication Ordinance should continue to ensure community and neighborhood parkland dedication in the City limits and the Extraterritorial Jurisdiction. Additional methods should be used to supplement this effort in order to acquire prime parkland that is quickly disappearing through land development. This can be achieved through the Capital Improvements Program, public and private partnerships, and grants. • Park Development and Enhancement. Invest in the rejuvenation of existing parks as well as complete improvements already detailed in previously approved master plans for specific parks and recreation facilities. Also develop additional master plans as appropriate (e.g., for future park development in the vicinity of the Rock Prairie Landfill once it closes, and for a skate park). • New and Enhanced Programs. Pursue new programs and ongoing priorities that meet the needs of a growing and changing population. • Coordinated Improvements and Programming. Implement new and improved facilities and programs with other agencies and entities where mutually beneficial partnership opportunities are available. • Role of the Private Sector. Encourage the provision of parks facilities and programs that are unique or where demand exceeds supply through private sponsorship or investment such as additional swimming pools, a water park, or athletic fields. • Park Maintenance. Further refine park maintenance standards that address growing needs of parks and facilities by optimizing and re-evaluating level of service standards. • Communication and Marketing. Enhance awareness and accessibility to programs and facilities through the City’s website, publications and media outlets. • Resource Protection and Sustainability. Continue to program and budget for streetscape and gateway projects that include the planting of native trees and other vegetation to improve neighborhoods, transportation corridors and other public places to create a greener City. City bond funds help to construct major capital improvements at new park sites and major upgrades and enhancements at existing facilities. 5 -10 College Station Comprehensive Plan Parks, Greenways & the Arts| As Amended 12-10-15 Strategy 2: Preserve and enhance the greenways system of linear open spaces and trails for their intrinsic and functional value. • Plan Update. Complete an update to the 1999 Greenways Master Plan. • Target Natural Corridors. Designate key areas as “natural corridors” for phased greenway acquisition and development (specifically, the portion of Carter Creek from University Drive (SH 60) to the confluence with the Navasota River, and Lick Creek, from Pebble Creek Subdivision to the confluence with the Navasota River). • Focus on Acquisition. Determine additional methods to secure greenways that will help to establish the system. Utilization of grants, public and private partnerships, and the Capital Improvements Program should continue. Building incentives that encourage developers to design and build greenway trails. Connections between developments should be explored, as well as overlay zones, annexation opportunities and conservation easements. • Amend Ordinances. Amend the drainage ordinance to include corridor widths and channel guidelines to protect greenways. Amend the Parkland Dedication Ordinance to complement recreation opportunities available in greenways. • Implement Key Connections. Create connections between key elements of the parks and recreation system and key destinations. • Careful Design and Accessibility. Design and construct sustainable and accessible trails that minimize environmental impact and promote scenic views and special features. Encourage developments that are oriented towards and designed for accessibility to greenway trails. • Attention to Maintenance. Develop maintenance standards for greenways and trails. Costs of ongoing maintenance should be addressed through initial budgeting for new or extended greenway segments. • Coordination at all Levels. Promote cross-jurisdictional and inter- agency coordination on greenways acquisition, maintenance, funding and network expansion. Encourage neighborhood associations and other organizations to assist with upkeep Carter Creek looking south from University Drive (SH 60). A New Plan for Greenways A Bicycle, Pedestrian and Greenways Master Plan will be created and adopted in 2009. This Plan will build upon previous recommendations and policies outlined in existing adopted plans, including the Bikeway and Pedestrian Master Plan (2002) and the Greenways Master Plan (1999). The goal in combining these master plans is to address non-motorized transportation in a comprehensive manner to achieve connectivity for recreation, commuting, and health and wellness. Upon completion, the new Master Plan will be adopted as a section of the City’s Comprehensive Plan. 5 -11 College Station Comprehensive Plan As Amended 12-10-15 | Parks, Greenways & the Arts (adoption programs) and inventory (wildlife, vegetation, wetlands and other natural features). Strategy 3: Create and promote the arts through entertainment, educational and cultural opportunities that serve a variety of interests and abilities. • Leadership and Partnership. Continue the City’s direct engagement, promotion and support of local and regional arts through representation on the Board of Directors of the Arts Council of Brazos Valley (ACBV), and through direct annual budget allocations to the Arts Council of Brazos Valley from the City’s hotel occupancy tax revenue. • Facility Potential. Determine whether the City, potentially in coordination with one or more other partners, including both the College Station Independent School District and Bryan Independent School District, City of Bryan, and Blinn College, should develop a performing arts facility, including a performing arts component with appropriate space and design (e.g., theater/stage size and seating range, potential dual large and small performance spaces), either initially or through potential future expansion phases. • Wolf Pen Creek District. Continue to promote the multi-purpose mission of the Wolf Pen Creek District, particularly the City’s intent as an area to live, work, and play. • Redevelopment Opportunities. Through anticipated redevelopment activity in coming years, especially where older apartment blocks are likely to be redone in similar or new land uses and/or use mixes, monitor opportunities to incorporate arts space or other components into redeveloped sites. Wolf Pen Creek corridor near Holleman Drive and Dartmouth Street. Amphitheatre in the Wolf Pen Creek District. 5 -12 College Station Comprehensive Plan Parks, Greenways & the Arts| As Amended 12-10-15 • Arts Related Programming. Continue the City’s role in nurturing young local artists and offering leisure and educational activities to adults and seniors, such as through the Senior Xtra Education program. • Direct Promotion. Continue direct promotion of local cultural and entertainment offerings through the City’s own website, and in coordination with the Bryan-College Station Convention & Visitors Bureau. • City Staff Support. Continue to provide direct staff support for arts and cultural offerings. • Public Art. The City should continue to support a community-wide installation and maintenance program in conjunction with the Arts Council of Brazos County, the City of Bryan, Texas A&M University, Brazos Valley, and the Texas Department of Transportation. 7 7-1 College Station Comprehensive Plan M UNICIPAL S ERVICES & C OMMUNITY F ACILITIES As Amended 12-10-15 In order to meet the needs of a growing community, the City of College Station must be proactive in planning for adequate public facilities and services for its residents. The availability of both basic utility services and public safety services are good indicators of how well a city is positioned to serve new growth. Under State law, a municipality must be able to provide emergency police and fire response immediately to newly-annexed areas. At the same time, existing residents and development rely on a basic level of protective services that must be maintained as the City adds new population and grows geographically. Municipal Services Over the last decade, College Station has experienced dramatic growth that increased demands on all City services. The high expectations of College Station's citizens and the desire of City staff to deliver quality services necessitates careful and thoughtful planning to ensure municipal services are maintained at the highest possible level, while maintaining fiscal responsibility on behalf of the residents of College Station. The complexity of the municipal service delivery system requires an integrated and strategic approach to service delivery planning. Consideration must be given to ensuring citizen and customer access to all desired services. Attention must also be given to the cost of services – for ongoing provision as well as future expansion – so that municipal services are both cost effective to deliver and affordable to citizens. Community Facilities This chapter also addresses the provision of community facilities, which is another significant City responsibility and a major component of College Station’s physical, social, and economic fabric. Facilities such as City Hall, the police station, and the City’s fire stations help define the identity of the community. Population growth and geographic expansion represent significant challenges to the City of College Station. Planning for community facilities, staffing, and equipment must be done well in advance to avoid gaps in services. Along with new construction, adequate attention must be given to expansion, maintenance, and modernization of existing facilities. The Citizens’ Fire Academy is a community program offered by the College Station Fire Department for residents to learn more about fire and emergency response services in College Station. 7-2 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 Facilities often involve major capital investments and require time for implementation. Affordability must be balanced with community needs, and new facilities must be prioritized in terms of strategic importance to the community to address current and future needs. PURPOSE The core mission of the City of College Station is the delivery of exceptional services to its citizens. Infrastructure is the backbone of the service delivery system and College Station must continually make prudent investments to grow and maintain its infrastructure in order to support the delivery of services. College Station’s core services should be of the highest quality and should be customer focused, timely, and cost effective. Based on recent trends and a steady 3% growth rate, College Station’s population is projected to exceed 134,000 by the year 2030, the horizon of this planning document. This population growth, coupled with the expansion of the physical boundaries of the City through annexations, will continue to result in an increased demand for City services. The expansion of City services and facilities to support the anticipated population growth, as well as proactive maintenance and rehabilitation of existing infrastructure systems and facilities for increased reliability, is paramount to the implementation of the Comprehensive Plan. The purpose of this chapter is to recognize College Station’s current service levels and to plan for the expansion of City services by providing the foundation for the creation and implementation of the City’s various master plans that are intended to support the planned growth and development pattern described in Chapter 2: Community Character. Goals, strategies and actions are provided to guide future decisions that assure both the service and facilities needs of the community are met. Additional information related to the City’s future utility needs can be found in Chapter 8: Growth Management and Capacity, as well as in the individual utility master plans. Chapter 5: Parks, Greenways, and the Arts, includes the Parks & Recreation Master Plan, which will provide more detailed information on the City’s park system and recreational services offered. Additional, detailed information including existing levels of service, future staffing needs, and proposed capital expenditures for all City services can be found in the individual Strategic Business Plans maintained by each City department. 7-3 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities PLANNING CONSIDERATIONS College Station’s growth must be well planned to avoid infrastructure and service delivery level degradation. Most significantly, water, wastewater, and street infrastructure must be developed and rehabilitated to serve the projected population growth and potential service area expansions based on the location and density of the projected land uses presented in Chapter 2: Community Character. The City has a responsibility to provide adequate staffing levels to meet basic response and operating standards and ensure personnel safety, as well as planning for and investing in facilities that are sufficient in location, design, and functionality to provide reliable response and service area coverage. In order to provide efficient services at the lowest cost to its residents, College Station should encourage growth and development in areas that are adequately served by existing infrastructure and current staffing levels. In addition, infill development should be encouraged in areas of the City that have access to existing utility infrastructure with adequate capacity. Higher density land uses should not be projected for areas that are not readily served by existing infrastructure. The City of College Station provides a range of services to businesses and residents. Each of the services has a number of planning considerations that contribute to the development of the goals, strategies, and action recommendations included in this chapter. The following City services and their associated facilities are discussed in further detail below:  Police;  Fire;  Electric;  Water;  Wastewater;  Solid Waste Collection and Disposal;  Street, Traffic System, and Drainage Maintenance;  Development Services;  Community Development;  Library;  Fiber Optic Network; and,  General Municipal Administration. 7-4 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 Police – College Station Police Department Services The College Station Police Department is accredited by the Commission on the Accreditation of Law Enforcement Agencies and is responsible for the protection of life, liberty, and property within the City limits. It provides these services through various means including: criminal law enforcement, education, property recovery, animal control, traffic enforcement, and crime investigation. Jurisdiction is shared with the Texas Department of Public Safety, Texas A&M University Police Department, federal law enforcement agencies, the Brazos County Sheriff's Department, and the constables and Justice of the Peace courts all having jurisdiction within the City limits of College Station. The College Station Police Department also provides school crossing guards, participates on SWAT teams, bomb teams, and hostage negotiation teams, bicycle patrol, on-campus officers who cooperate with the College Station Independent School District, a K‐9 Unit, and provides victims services such as a victim’s advocate and a licensed counselor. The Department is comprised of 173 personnel with 118 sworn positions, including 61 patrol officers and 55 civilian positions. In 2009, the College Station Police Department implemented a new policing structure designed to provide geographic accountability and to implement the strong Community-Oriented Policing philosophy the Department has adopted. The structure is intended to provide improved service delivery in order to reduce crime and the fear of crime, establish and maintain effective partnerships, and improve overall quality of life. The City is divided into eight beats as illustrated in Figure 7.1, Police Department Primary Beats. A Patrol Sergeant is assigned to each beat for management and accountability. The Beat Sergeant has a team which is comprised of Patrol Officers, Detectives, Traffic Enforcement and Animal Control, and are responsible for quality of life and crime issues affecting their assigned beats. Patrol Officers are assigned to beats for periods no less than one year so that they can become familiar with their area of responsibility. In 2008, 112,474 police incidents were handled, including 63,987 calls for service. Additional level of service information can be found in the Department’s Strategic Business Plan. Facilities College Station Police Department operates out of a single station that is no longer in a central location. As College Station continues to grow 7-5 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities to the south, it shall become necessary to locate a second, satellite station in College Station. The Department will need to begin determining what its future space needs are and make plans on how to proceed beyond the current station renovation project. In conjunction with planned improvements to the Lincoln Center, a College Station Police Department storefront is planned to provide a greater presence and more personalized police service for the localized area. Future Needs The Department’s Community-Oriented Policing philosophy requires small, manageable beats to be formed and maintained where staff is held to a high level of geographical accountability for successful outcomes. Increased staffing will be necessary to implement this new philosophy, including positions in Patrol, Animal Control, Criminal Investigations, Training and Recruiting, Communication, and other police divisions. As the Department is transformed it is imperative to maintain beat integrity and continue to meet the six-minute response time goal to emergency calls. FIGURE 7.1 Police Department Primary Beats 7-6 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 ISO Ratings Insurance Service Office classifies communities from1 (the best) to 10 (the worst) based on how well they score on the ISO Fire Suppression Rating Schedule. ISO bases this score on a number of factors including training, staffing, number of fire stations, equipment dispatched to fires, equipment on trucks, fire prevention, investigation, fire safety education, construction code enforcement, hydrant maintenance, water supply, and the ability of the 911 center to answer and dispatch calls. Insurance companies use Public Protection Classification information to establish fire insurance rates for homeowners in the City. A lower rating can result in savings to homeowners in the City due to lower insurance premiums. The southern growth of College Station is straining the City’s ability to consistently meet the desired response time. Thoroughfares and general connectivity are lacking in southern College Station making timely emergency response difficult. Roadways are needed connecting William D. Fitch Parkway to Rock Prairie Road; with the conversion of the State Highway 6 frontage roads to one way, response times have been greatly affected. As the community continues to grow and additional schools are built in College Station, additional police resources will be needed. College Station Independent School District projects the need for a second high school in 2012, requiring additional School Resource Officers. Staff Resource Officers are currently funded by both the City and the School District. Fire and Emergency Medical Response – College Station Fire Department Services The College Station Fire Department provides fire suppression, emergency medical response and transport, and special operations response within the City limits of College Station. The Department also provides emergency management services and fire education services. The primary response area for Emergency Medical Services is the City of College Station and southern Brazos County. Secondary response includes automatic aid with the Bryan Fire Department and mutual aid to the Texas A&M University campus. The primary response area for Fire is the City of College Station and the Texas A&M University campus. Secondary response includes automatic aid with the Bryan Fire Department and mutual aid with Brazos County. Mutual aid agreements for both Emergency Medical Service and Fire are in place with Texas A&M University Emergency Medical Services, St. Joseph Emergency Medical Services, Texas A&M Health and Safety, and the Brayton Fire Training School for times of extreme need. The Fire Department is comprised of 122 personnel, including 105 shift personnel (Emergency Medical Services and Firefighters). The Department has a goal of a five-minute response time from the time of the call until first responders are on the scene. Figure 7.2, Fire Department Response Areas, illustrates the areas of the City that are estimated to be within a six-minute response time from existing stations with local traffic patterns. In 2008, the Department responded to over 6,500 calls for service. Approximately 60% of the calls were for Emergency Medical Services. Additional level of service information is available in the Strategic Business Plan for the Department. 7-7 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities Facilities There are currently five fire stations in College Station, four of which are owned by the City. As illustrated in Figure 7.3, Fire Department Districts, the fire stations are located throughout the City at Holleman Drive (Fire Station No. 1), Rio Grande Boulevard (Fire Station No. 2), Barron Road (Fire Station No. 3), at Easterwood Airport (Fire Station No. 4 – owned by Texas A&M University/Easterwood Airport), and along William D. Fitch Parkway (Fire Station No. 5). Fire Station No. 3 is the newest facility. Fire Station No. 6 is proposed to be located in the area of University Drive and Tarrow Drive. There are currently plans for two additional fire stations in southern College Station. Future Needs College Station Fire Depart- ment’s call volume has increased at an average annual rate of 5.9% since 2002. Assuming an annual increase of 5%, it is anticipated that the call volume will increase to over 7,890 calls by 2013. Both equipment and staffing levels will need to be increased to correspond with the increasing demand for service. College Station maintains a Fire Protection Master Plan that includes a schedule for additional personnel and facilities. The Master Plan calls for a total of 12 stations at the end of the 20-year planning horizon. The most significant current need is in north College Station in the University Drive area, which has seen a tremendous amount of growth in the past decade. Fire Station No. 6 is proposed to be located in the area of University Drive and Tarrow, and was approved by the voters in the 2008 Bond Election. Construction is anticipated in 2010. South College Station and the east side of the bypass are also generally underserved, as is shown in the Response Areas map. The FIGURE 7.2 Fire Department Response Areas 7-8 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 College Station Fire Department has an Insurance Service Office Public Protection Classification of two. With the proposed location of Fire Station No. 6 in the area of Tarrow and University Drive, the City has a better opportunity for an Insurance Service Office rating of one. An Insurance Service Office rating of one can positively influence the insurance rates of all College Station residents. As territory is annexed into the City of College Station, inadequate water infrastructure and a general lack of fire hydrants will burden the City’s fire service delivery system. High density land uses should be avoided in areas that are not readily served by fire and emergency medical services. For efficiency in service delivery and a cost savings to College Station residents, development should be encouraged in areas of the City that are adequately served by existing facilities and staffing. Additionally, implementing and maintaining a highly interconnected thoroughfare plan and a corresponding roadway network that connects existing fire stations to developed areas will decrease emergency response times and increase efficiency. FIGURE 7.3 Fire Department Districts   7-9 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities Electric Utility Service – College Station Utilities Services College Station Utilities is the primary electric provider in College Station, serving more than 34,000 customers. College Station Utilities is a wholesale power purchaser and does not have generation capabilities. Power is supplied by American Electric Power from plants located around the State of Texas. Delivery is on the Electric Reliability Council of Texas State transmission grid. College Station Utilities provides electric transmission and distribution service to provide electric power to its consumers at various desired voltages; responds to trouble calls and outage reports; provides new construction and maintenance of transmission and distribution electric system; engineers and designs the electric system; provides street and thoroughfare lighting; allows for reverse metering and energy services, such as energy audits, the “Good Cents” home programs, and the Wind Watts program; and provides customer education. The electric certification area for the City of College Station has been set by the Texas Public Utility Commission as the area in the City limits in 2002. Because of this limitation, the electric utility expects to reach “build out” of its service territory in the next ten years, but also expects redevelopment to continue to add load to the utility’s facilities after that ten-year period. Facilities There are five electrical substations located in College Station with a capacity of 385 Megawatts, which is capable of meeting a peak demand of 185 Megawatts. The average household consumes approximately 30 Kilowatt hours per day. Three additional electrical substations will be required to meet the anticipated demand upon build out of the service territory:  Dowling Road Substation: proposed 120 Megavolt Amps capacity (2009);  Northgate Substation: proposed 80 Megavolt Amps capacity (2011); and,  Graham Road Substation: proposed 80 Megavolt Amps capacity (2013). There are approximately 20 miles of 138 kilovolt transmission lines in College Station which transmit 180,000 volts. The electric distribution system consists of over 400 miles of 7.2/12.5 kilovolt lines, with approximately 46% of those being overhead and 54% being underground. The City adopted a policy in 1992 to require that new electric lines be installed underground (with a few exceptions for 7-10 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 Water quality is maintained in the distribution system through continuous monitoring of water pressure, temperature, disinfectant residual, and turbidity. Environmental Technicians also collect 81 water samples each month at various distribution locations for analysis by the Brazos County Health Department. Samples are tested for Total Coliform bacteria, which are usually indicators of microbial contamination of drinking water because they are often found in association with other disease-causing organisms (though hardier than most pathogens). College Station Utilities also maintains a disinfectant residual throughout the water distribution system to prevent against bacteriological contamination after the water leaves the Dowling Road Pump Station. Results of all water quality testing are reported in our annual Drinking Water Quality Report, also known as the Consumer Confidence Report or "Right to Know Report". If you have ever wondered where your water comes from, or how it is treated, you will find the answer to these and more questions in our annual report. Public water suppliers must provide these reports to their water customers each year by July 1st, as required by the 1996 amendments to the Safe Drinking Water Act. feeder lines). Since that time, the City has removed overhead electric lines on portions of major corridors, including University Drive, Texas Avenue, Southwest Parkway, and Harvey Road. Future Needs College Station Utilities currently maintains an electric utility master plan. Based on this existing master plan, the following major additions will be needed within the planning horizon in order to serve the anticipated population:  2,500 square-foot storm-resistant addition to College Station Utilities building for the dispatch group (2010);  Renovation of 7,500 square feet of existing service center to update the facility to meet the needs of the workforce (2010);  Third transformer at the Spring Creek Substation (2015); and,  Upgrade transformer at Switch Station Substation (2016). Water Utility Service – College Station Utilities Services The City is responsible for providing safe drinking water, fire protection services, and irrigation water supplies to the citizens of College Station within its certificated area. The water system is rated “Superior” by the State of Texas and has received awards for outstanding operations and maintenance from the U.S. Environmental Protection Agency. The City provides continuous production of water that is of acceptable quality and ample quantity to 22,193 customers (36,611 meters). The 10,402 College Station residents living in dormitories on the Texas A&M University campus are not served by College Station Utilities. College Station Utilities’ services include water production, well field collection, transmission, treatment, and distribution. College Station Utilities produces between four and five billion gallons of drinking water per year for consumption, and is capable of producing up to 23 million gallons of drinking water each day. To monitor the system, the City utilizes the Supervisory Control and Data Acquisition system – the City’s remote control monitoring system – which has reduced staffing needs by approximately two-thirds. 7-11 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities Certificate of Convenience and Necessity (CCN) is a certificate issued by the TCEQ (Texas Commission on Environmental Quality) authorizing a service provider to operate a public service, such as water, wastewater or electric service, for a defined area. Facilities Water is pumped from seven deep wells and two shallow wells located on City-owned land over the Carrizo-Wilcox Aquifer in the Carrizo, Sparta, and Simsboro Sand formations. To protect the environment, the Brazos Valley Groundwater Conservation District mandates the rate at which the City can pump from the aquifer. The water system consists of the following, which ensure that water is treated and distributed in a manner that protects human health and the environment:  Two pump stations – a water transmission pump station and a high service pump station;  Cooling towers;  Two ground water storage tanks: - three-million gallon reservoir and - five-million gallon reservoir;  Two elevated storage tanks: - Water tower on Park Place – three million gallons and - Water tower on William D. Fitch Parkway – two million gallons;  28 miles of water transmission lines; and,  360 miles of water distribution lines. Currently, the elevated storage tanks provide an adequate supply of water pressure for use in homes, businesses, and for fire protection within the City’s certificated area. Future Needs Water conservation is an important part of College Station’s future. The City began implementing conservation measures a number of years ago, including an education based program and a Drought Contingency Plan, which have been in place since 2000. In addition, a Water Conservation Plan was adopted by the City in 2006, with the goal of reducing the average water use from 160 to 140 gallons per capita per day. Based on the current average demand of 160 gallons per capita per day, the projected build out of the land use plan would result in a water demand of 31.4 million gallons per day, exceeding the City’s current service capacity of 23 million gallons. However, the projected population in 2030 is approximately 134,000, with a projected demand of just over 21 million gallons. While this is within the City’s service capacity, there may be significant challenges during times of peak demand. At present usage, the water demand will exceed the supply 7-12 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 in 2025. Significant capital investments would be needed to increase the water supply capacity and alternative water supply options are very limited. Because of this, the City has begun to implement a tiered rate system for residential customers beginning in Fiscal Year 2009 to provide incentive for prudent water use. The primary goal of the residential conservation rates is water conservation, thereby reducing the peak demand and deferring or eliminating substantial capital costs to upgrade the City’s water system infrastructure. Other initiatives being considered by College Station include strong community outreach and education programs, ordinances that provide significant penalties for water waste, and a rebate program for water-saving appliances. College Station has also proposed a water reuse program for irrigation of City park facilities. Additionally, the City is working to bring three new water wells online. When fully operational, these new wells are projected to supply over 7,200 gallons per minute and will help the City meet future peak water demands. The City’s certificated area for water is not expected to expand into the Extraterritorial Jurisdiction or into proposed annexation areas, since these areas are already served by various special utility districts or water supply corporations as illustrated in Figure 7.4, Water Service Areas. A detailed analysis of the future water demands is contained in Chapter 8: Growth Management & Capacity. FIGURE 7.4 Water Service Areas 7-13 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities Wastewater Utility Service – College Station Utilities Services College Station Utilities is the primary wastewater treatment provider in College Station and is responsible for the collection and treatment of domestic and commercial sewage from customers within College Station’s City limits and within its portion of the Extraterritorial Jurisdiction. The City processes the collected sewage into high quality treated wastewater (effluent) and organic material (biosolids) for fertilizer. The City operates lift stations and wastewater treatment plants. Wastewater services also include clearing stoppages, installing taps, repairing manholes, repairing line breaks, conducting inspections of lines, and performing routine cleaning. The City of College Station provides continuous sewer service to 29,068 customers (34,743 meters). The City treats 100% of the collected wastewater to meet or exceed the requirements of the regulating agencies. The system relies on gravity to move the wastewater and when that is not enough, lift stations are used. The effluent produced is currently discharged into Carter Creek and Lick Creek. The City treats the biosolids produced to a level recognized as safe for use on a home lawn or garden, and applies these biosolids on farm land in the area. Facilities The City operates two wastewater treatment plants. There are also three existing, private, satellite treatment plants that the City will likely be tasked to operate within the next five years. The wastewater system includes the following:  4,900+ manholes;  280 miles of wastewater collection lines;  Two wastewater treatment plants: - Carter Creek Wastewater Treatment Plant and - Lick Creek Wastewater Treatment Plant; and,  10 lift stations. Based on current facilities, College Station Utilities has a treatment capacity of 11.5 million gallons per day and currently processes an average of over six million gallons of wastewater per day. The Carter Creek Wastewater Treatment Plan has a treatment capacity of 9.5 million gallons per day and serves the majority of College Station. The Lick Creek Wastewater Treatment Plant has a treatment capacity of two million gallons per day and treats wastewater from the growing south side of College Station. Currently, “75/90” Rule The Texas Commission on Environmental Quality (TCEQ) mandates that the City begin planning additional capacity for the wastewater treatment plant when the current system reaches 75% of permitted average daily flow for a consecutive three month period, and that 7-14 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 On any given day at the landfill, a cycle of inspecting, pushing and compacting the trash into cells and covering the trash with dirt or tarps takes place. Approximately 300 vehicles a day come through the landfill gates. the two treatment plants combined process over 2.25 billion gallons of wastewater per year. Future Needs Assuming build-out of the growth scenario depicted in Map 2.2, Future Land Use & Character, the wastewater demand within the City limits will be approximately 13.81 million gallons per day, based on the current demand of 6.16 million gallons per day. This would accommodate a population of approximately 196,000 and would put the City’s current wastewater treatment plants beyond their full capacity. However, the population projections for the planning horizon (2030) are approximately 134,000, creating a projected demand of 9.1 million gallons per day, well within the current wastewater treatment capacity. The City has initiated a policy that permits sewer extension to properties in the Extraterritorial Jurisdiction only upon annexation into the City limits. In the short term, extension to these areas will have a proportionately higher impact on cost of services due to greater geographical distances, increased need for lift stations and package plants, and lower availability of communications infrastructure. The majority of College Station’s future growth will occur in the sewer shed area that flows to the Lick Creek treatment plant. Projections indicate that the Carter Creek Plant will not need to be expanded in the foreseeable future, but the Lick Creek Plant will require expansion in the five to ten year horizon. Sanitation Service Services College Station provides a number of services to meet the local need for the collection of municipal solid waste, including weekly residential collection, weekly bulky item pickup, weekly brush/yard clippings pick up, and weekly curbside recycling pick up. The division is also responsible for the collection and disposal of all municipal and commercial solid waste within the City and the street sweeping operations. Some construction and demolition wastes are collected by private entities regulated through franchise agreements with the City. The City currently serves 18,000 residential customers, 1,000 commercial customers, and over 9,000 apartment units with 34 full-time and one part-time position and 25 collection vehicles. As a Clean Texas Leader, the City of College Station has a commitment to waste reduction and recycling. The recycling program and Clean Green activities are designed to help reduce the amount of solid waste deposited into the landfill. In 2008, College Station reduced the amount 7-15 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities of waste going to the landfill by 16.4% (3,794 tons) through curbside recycling and clean green brush collection. Facilities The Brazos Valley Solid Waste Management Agency, a partnership between the cities of College Station and Bryan, operates the Rock Prairie Road Landfill, a Subtitle D landfill. The landfill currently accepts an estimated 1,000 plus tons of solid waste per day, primarily from the seven-county region including Brazos, Burleson, Grimes, Leon, Madison, Washington, and Robertson Counties, and Texas A&M University. Since the landfill is the only Type 1 facility (the standard landfill for the disposal of municipal solid waste) between Austin and Houston, it currently accepts solid waste from 19 counties. The Rock Prairie Landfill is nearing capacity and currently has one to two years left of operation (2009-2010) before its closure. The Twin Oaks Landfill facility will be located off of State Highway 30 in Grimes County and will have an air space capacity of roughly 33 million tons solely for waste and an expected life of 37 years. Future Needs The City is currently studying benchmark cities to determine best practices for commercial and multi-family recycling strategies in 2009, and intends to expand services into those customer segments in the near future. Increased manpower and additional equipment will be necessary within the planning horizon in order to meet demand placed on sanitation services by continuing growth and development and future annexations. Based on the projected number of households and current service levels, approximately ten additional staff and seven additional collection vehicles will be needed by 2030. Also, an additional Scale House Operator for Brazos Valley Solid Waste Management Agency will be necessary in 2010, and regulatory requirements will necessitate hiring additional Operations employees as landfill tonnages increase. Additionally, debt issuance and future servicing liabilities for the construction of the Twin Oaks Landfill Facility will require additional revenues, potentially from a future tipping fee increase. However, revenues from the sale of methane gas generated at the Rock Prairie Road Landfill may mitigate or reduce the impact of future tipping fee increases. There are two major capital projects anticipated for Brazos Valley Solid Waste Management Agency, the construction of the Twin Oaks Landfill, and the closure of the Rock Prairie Road Landfill. The anticipated schedule for these projects follows: 7-16 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15  Property acquisition, landfill design, and initiation of construction for the Twin Oaks Landfill (2009);  Initiate Waste Acceptance at the Twin Oaks Landfill (Summer 2010); and,  Closure of the Rock Prairie Road Landfill (Fall 2010). Street, Traffic System and Drainage Maintenance – College Station Public Works Services Street and drainage infrastructure both facilitate transportation and ensure the health and safety of residents and visitors to the City. These facilities are very costly and demand a lot of attention to protect the investment and value they bring to the City. The Streets and Drainage division has 35 employees and maintain approximately 430 centerline miles of paved streets, 100 miles of sidewalks, 40 miles of storm drain lines, 17 miles of concrete valley gutters, 32 miles of natural creek line, and mow and trim 380 acres of grass. Traffic Operations’ mission is to guide, warn, and regulate motorists, pedestrians, and bicyclists in a safe and efficient manner. The division currently maintains 66 traffic signals, 42 school-zone pedestrian-warning flashers, over 300 linear miles of pavement markings, over 20,000 traffic signs, and over 4,000 parking spaces. The division includes the Traffic Systems Superintendent one traffic systems foreman, four certified signal technicians and three certified signs/markings technicians. Future Needs As the City ages and its boundaries grow the need for streets, traffic system, and drainage maintenance will increase. Aging infrastructure generally requires more maintenance and new development and growth through annexation creates new demands for infrastructure maintenance. Recent Neighborhood Integrity and multi-modal transportation initiatives are likely to place a heavier demand on higher expectations for infrastructure rehabilitation and maintenance levels. Additionally, the desire is that attractiveness of the City’s corridors are maintained as streets are rehabilitated. These new service demands will require additional staff and resources to maintain and preserve the City’s capital investment. Planning & Development Services Services Planning and Development Services is responsible for helping the community make the best decisions regarding the physical development of the City through long range and comprehensive planning. The City is responsible for ensuring that all new development, 7-17 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities site work, and construction comply with the Comprehensive Plan and all adopted codes and standards. Additionally, the City provides proactive Code Enforcement for both commercial and residential properties within the City to ensure continued compliance, as well as providing services to established neighborhoods. Services include land use planning, transportation planning, historic preservation, greenways management, zoning, development review, building plan review, building and site inspections, and code enforcement (including parking, sanitation, health and safety, illegal dumping, livestock, zoning violations, fire codes, and tall weeds and grass). The City also provides Neighborhood Services, including neighborhood planning, training and educational opportunities for residents. There are currently 60 neighborhood/homeowners associations registered with the City’s Neighborhood Partnership Program. The City of College Station currently employs six full-time planners, one for every eight square miles or 15,000 citizens (based on a current estimated population of approximately 91,000 residents). Each planner reviews an average of 290 planning submittals annually, for a total of approximately 1,750 submittals. The City also employs four Combination Building Inspectors, one for every 12.4 square miles or 22,500 residents. Annually, the Building Division processes over 13,000 inspections, approximately 3,250 per Building Inspector. The City’s two Building Plans Examiners each process approximately 1,000 building plans per year. The City employs six Code Enforcement Officers. Generally, four officers are responsible for enforcing the City’s codes and ordinances, each within a specified geographic area that is approximately 12.4 square miles and serving approximately 22,500 citizens. One officer is dedicated solely to commercial zoning violations and another is responsible for all City code violations during night and weekend hours. Annually, Code Enforcement processes approximately 1,435 violation cases per Officer. In College Station, approximately 98% of code enforcement cases are resolved through voluntary compliance. Additional service level information can be found in the Department’s Strategic Business Plan. Future Needs As the City ages and its boundaries grow the need for development services will increase. Aging areas of the City generally require more property maintenance code enforcement. These established areas of the community may also benefit from neighborhood planning efforts due to increased neighborhood integrity issues. New development 7-18 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 Down Payment Assistance: Up to 10% of the sales price, or a $10,000 maximum (up to $14,999 for households of 5 or more) on any home for sale in the City of College Station. The loan is deferred and non-interest bearing. The buyer signs a note and deed of trust with the City, and the note is paid back upon sale of the property, or if the buyer ceases to owner-occupy. Enhanced Down Payment Assistance: Up to 20% of the sales price, or a $14,999 maximum on any home for sale that was developed by The City of College Station Economic and Community Development Department or a certified non-profit partner with the same repayment terms as above. Ask for list of eligible properties. within the community places a demand on development review and building construction review and inspections. As the details of initiatives such as Rental Registration Host Parties, and Nuisance Properties are finalized the City will need to determine and prioritize its responsibilities in relation to its staffing levels. Community Development Services The City of College Station encourages the expansion and accessibility of health and human services; expansion and improvement of public facilities and infrastructure; and expansion of economic opportunities in the community for low- and moderate- income residents. The City receives funding from the U.S. Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) and the HOME Investment Partnership Program (HOME) grant. The City’s Department of Economic and Community Development is tasked with administering these grant funds through programs designed in accordance with the Department's goals, federal regulations, and input from citizens and the City Council. The programs are available to individuals and families whose household income does not exceed 80% of the area median income limits set by HUD. HOME Investment Partnership Program funds are used to expand the supply of safe and affordable housing. Assistance for security deposit payments through the Tenant Based Rental Assistance program, which is managed by Twin City Mission on behalf of the City, averages approximately $300 per household moving into a housing tax credit property located in College Station. Up to $14,999 in down payment and closing cost assistance is provided to qualified, income-eligible homebuyers. Reconstruction assistance of up to $85,000 and rehabilitation assistance of up to $35,000 is available through low- or no-interest loans to qualified, income-eligible home owners. Minor repair assistance in the form of a grant of up to $3,000 is available to correct health and safety issues. Finally, HOME funds are used to construct new affordable housing either through City-developed activities or through the support of a Community Housing Development Organization, Habitat for Humanity, or private developers leveraging other sources of funds. The City’s Community Development Block Grant monies are used to provide funding to various non-profit agencies that provide health and human service programs throughout the community. These funds also support code enforcement activities in low- to TABLE 7.1 2009 Median Income Limits Number in Household Maximum Income 1 $31,450 2 $35,900 3 $40,400 4 $44,900 5 $48,500 6 $52,100 7 $55,700 8 $58,950 SOURCE: City of College Station The left column (Household) refers to the number of people in the home. The right column (80%) refers to the maximum combined income allowed per year by U.S. Department of Housing & Urban Development guidelines in order to qualify for a Community Development program. 7-19 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities Community Development Block Grant funds must be used to meet one of three National Objectives: 1) Benefit Low or Moderate Income people; 2) Prevent or eliminate slum or blighted areas; or 3) Meeting urgent needs that would pose a serious or immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. HOME Investment Partnership Program funds must be used for housing related activities only. In order to qualify for one of the programs, individual and families cannot have income that exceeds the Median Income Limits, as set by the U.S. Department of Housing and Urban Development. Does your home need essential repairs? Grants and/or deferred forgivable loans are available to make essential repairs. Repairs can include: repair or replacement of windows and doors; electrical repair or replacement; plumbing; heating equipment repair or replacement; other items affecting the health and safety of residents or violations of City ordinances. moderate-income areas; acquisition of land for future development; and demolition of substandard housing. CDBG funds can be used to finance public facility activities in low- to moderate-income areas. These activities can include park development or enhancement, improvement or expansion of infrastructure, or improvements to other public facilities such as at the Lincoln Center. The Department of Economic and Community Development has created a new model to provide more desirable housing options for income-eligible families throughout the community. This new affordable housing model allows for the construction of homes in newly developed, mixed-income subdivisions and should make the units much more attractive to eligible homebuyers. Further, this change in program direction will add a new element of diversity in local neighborhoods and will serve to better integrate economically challenged families into the community. Additionally, the Department is currently working to create a mixed-use development model that will incorporate elements of affordable housing, economic development, job creation, and recreational amenities. Library Services Services An interlocal agreement between the City of College Station and City of Bryan was approved in 1986 that provides for the administration of the College Station Public Library by the Bryan Public Library System. The interlocal agreement was revised in 1997 with the opening of the College Station library facility in 1998. Together with the Carnegie Library, the Bryan-College Station Library System was created, providing library services free of charge to all Brazos County residents. In Fiscal Year 2008 the Larry J. Ringer Library had a circulation of 439,691 and 87,550 items in its collection. In Fiscal Year 2008, 240,362 people visited College Station’s library a 17% increase from Fiscal Year 2007. Services offered at the Larry J. Ringer Library include story times, reading programs, public access computers, interlibrary loan program, income tax assistance, and meeting room usage. Facilities The Larry J. Ringer Library, located on Harvey Mitchell Parkway, is a 16,000 square-foot facility that opened in 1998. The Ringer Library is one of three in the Bryan/College Station Public Library System, with the other two located in Bryan. 7-20 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 Future Needs College Station voters approved the expansion of the Larry J. Ringer Library during the 2008 Bond Election. The proposed expansion includes 15,256 square feet and 16,185 square feet of additional parking. Increased personnel will be needed once the expansion is complete. Fiber Optic Network Services College Station now has several ultra-high-speed Internet options offering communications services that are vital to future growth. Ultra- high-speed internet provides download speeds of up to one gigabit per second – or 1,000 megabits, having a positive impact on local economic development and enhancing the community’s quality of life. The ultra-high-speed connection helps commercial users enhance their productivity and efficiency and serves as a tool to attract new businesses. As part of Operation GigaSpeed, Suddenlink introduced its first phase of internet speed increases in College Station in late 2014. Additionally, College Station now leases unused or “dark” City-owned fiber optic cable to offer additional ultra-high-speed internet options. The City’s fiber optic network service includes approximately 60 miles of cable that is owned and maintained by the City. Virtually all of the major communication systems, including the telephone and computer networks, 800 MHz Trunk Radio Service, Utility Supervisory Control and Data Acquisition systems, Traffic Signals, and Wireless Networks depend on the Fiber Optic Network Service to function fully. As part of the Fiber Optic Loop Project, a fiber optic ring connecting all major City facilities was completed in 1999. Since that time, various cable spurs off the main ring and individual cable segments have been installed to add existing smaller sites, traffic signals, and new facilities as they have been built. A new five-year Capital Improvement Program project was approved in 2008 to provide continued expansion and improvement to the fiber optic network. Facilities There are approximately 40 discrete City buildings with fixed cabling infrastructure that support telephone, network, cable television, intercom, and two-way radio communications. This infrastructure is comprised of fiber optic cabling, copper network and phone cabling, and coaxial radio frequency cabling, with supporting equipment including: racks, termination panels, cable management, power, and grounding. 7-21 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities Future Needs Currently, the City’s fiber optic infrastructure extends south to the State Highway 6 and William D. Fitch Parkway area and east to Fire Station No. 5. A fiber project is planned along William D. Fitch (SH 40) west to Wellborn Road (FM 2154) to complete the loop in the southern part of the City. As the City continues to expand to the south, additional fiber optic infrastructure will be needed to support the development of essential public facilities, such as additional fire stations, public schools, and a future police sub-station. The presence of fiber optic infrastructure is essential in the location of City facilities. The fiber network will also serve to connect and provide backhaul for a planned implementation of wireless hot zones in various locations. There is also an identified need for fiber to support video surveillance in select locations to serve as a force multiplier for public safety. General Municipal Administration Services In addition to the various services previously discussed in this chapter, College Station also provides the following external and internal services: City Internal Auditor, Legal, City Management, City Secretary, Fiscal Services, Human Resources, Information Technology, Municipal Court, Budget and Strategic Planning, Public Communications, Public Works, Utility Customer Service, Economic Development, and Emergency Management. The City of College Station has 924 full-time equivalent positions funded in the Fiscal Year 2009 budget. Facilities The City of College Station owns and maintains a number of capital facilities and buildings required to perform the necessary administrative functions of the City. These are illustrated in Figure 7.5, Public Facilities, and include:  City Hall – 1101 Texas Avenue (42,585 square feet)  Economic & Community Development – 1207 Texas Avenue (16,377 square feet)  Five Fire Stations  Police Station – 2611 Texas Avenue (29,581 square feet)  Parks Administration building – 1000 Krenek Tap Road (6,200 square feet)  Public Works buildings and storage yard – 2613 Texas Avenue (10,025 square-foot administration, 18,700 square-foot shop)  Municipal Court and Fire Administration Building – 300 Krenek Tap Road (32,000 square feet) 7-22 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15  Utility Customer Service – 310 Krenek Tap Road (12,394 square feet)  Library – 1818 Harvey Mitchell Parkway (14,200 square feet)  BVSWMA Landfill / scale house / shop – 7600 Rock Prairie Road  Five electrical Substations  College Station Utilities – 1601 Graham Road (11,457 square-foot administration, 7,964 square-foot training center, 23,395 square- foot warehouse)  Lincoln Center – 1000 Eleanor (13,978 square feet)  Conference Center – 1300 George Bush Drive (12,416 square feet)  Cemeteries and Cemetery shop – Texas Avenue, Raymond Stotzer Parkway  Park facilities, including pavilions, park shelters, playing fields and courts, restrooms, concessions, playground equipment, pools  Three Park Maintenance / Forestry Shops – Krenek Tap Road, Holleman Drive, Rock Prairie Road  Exit Teen Center – 1600 Rock Prairie Road (3,957 square feet)  Northgate Parking Garage – 209 College Main FIGURE 7.5 Public Facilities 7-23 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities  Northgate Surface Metered Parking – Church Street  Northgate Promenade – Church Street  Second Street Promenade in Northgate – Second Street  Wolf Pen Creek Amphitheater and Greenroom – Holleman Drive/Colgate DriveTwo waste water treatment plants  Two elevated water towers Future Needs As College Station’s population continues to grow to the projected 134,000 by the year 2030, an additional 396 City employees will need to be added, for a total of 1,320, in order to maintain the current personnel-to-population ratio and existing service levels. The City of College Station has identified several facility needs, including a Convention Center and a new City Hall. The City has made several past attempts to locate a Convention Center in various locations in the City. One of the biggest challenges has been to acquire sufficient land on which to build a first-class facility. College Station recently purchased property on the north side of University Drive at Tarrow Drive for the purposes of constructing a Convention Center. College Station’s current City Hall was constructed in 1969 and expanded in 1979 and again in 1983. In response to College Station’s tremendous population growth, various City buildings have been constructed throughout the years to accommodate the growing number of City employees. This has resulted in numerous inefficiencies, including hampered communication between divisions and time and resource losses from travel between the facilities. As the number of employees has continued to grow to respond to the service level needs of a growing population, and as public College Station City Hall circa 1969 7-24 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15 participation in College Station has increased, it has become clear that the useful life of the current City Hall has passed. In 2007 College Station contracted with an architect to study its space needs and develop a potential scope and a master plan for a new City Hall. The study showed that the space needed to serve the projected growth was a 69,568 square-foot facility. Adding in 10% “soft-space” to account for future growth, it was determined that a 74,485 square-foot facility would meet the City’s needs for approximately 10-15 years. In an effort to consolidate municipal facilities and services, the idea of a municipal complex has been discussed in recent years. Such a development was envisioned to be located on a large City-owned tract of land bounded by Texas Avenue, Krenek Tap Road, Earl Rudder Freeway (State Highway 6) and Bee Creek. GOAL, STRATEGIES, AND ACTIONS Based on input received throughout the Comprehensive Plan update process, the Comprehensive Plan Advisory Committee has addressed the City’s municipal service needs by establishing a goal for the City to plan for municipal facilities that meet community needs, contribute to community character, are sensitive to the surrounding land uses, and provide exceptional municipal services. The associated strategies and actions outline the steps the City will take in meeting this goal. Strategy 1: Maintain existing infrastructure.  Focus on Infill. Concentrate municipal services and facilities in infill areas versus fragmenting services.  Rehabilitation. Invest in the sensitive rehabilitation of older water, sanitary sewer, electric, drainage, and other infrastructure in the City’s oldest neighborhoods to maintain their viability and attractiveness for private property owners and homeowners. Strategy 2: Develop, implement and maintain, through regular review, facilities and service master plans that support the planned growth and development pattern.  Land Use Planning. Establish a Land Use Plan that will meet the needs of the growing population through the planning horizon, while being mindful of growth limitations such as a lack of public infrastructure and services.  Service upon Annexation. Develop plans for the expansion of municipal services in conjunction with annexation plans to ensure that the City is prepared to serve its residents upon annexation.  Keep Master Plans Current. Continue to re-evaluate and update, as needed, key master plans every 3-5 years (water, 7-25 College Station Comprehensive Plan As Amended 12-10-15| Municipal Services & Community Facilities wastewater, storm water, drainage management, solid waste, electric, Police, Fire).  Plan for Future Facilities. Develop a comprehensive facilities plan that meets the future space and functional needs of City employees as well as the desired community space needs. Strategy 3: Maintain exemplary levels of municipal services.  Accreditations. Pursue and receive accreditations City-wide.  City-wide Wi-Fi. Determine feasibility of a City-wide, public “wi-fi” network (possibly in partnership with the City of Bryan, Texas A&M University, College Station Independent School District (CSISD), Research Valley Partnership (RVP), the Council of Governments (COG), Brazos County, and Blinn College).  Water Standards. Meet or exceed State water quality standards for area streams, and maintain exemplary level of public drinking water quality and associated monitoring.  Storm Water Management. Adhere to and require effective storm water management practices.  Economical Service. Plan utility infrastructure and services and approve development only in areas that can be reliably and economically served within the City’s capabilities.  Regional Cooperation. Continue regional cooperation on solid waste management, and consider opportunities to consolidate or better coordinate other utility services with other area governments or service providers.  Excellent Service. Maintain commitment to an excellent level of system operation and customer service for all City utilities and services. Strategy 4: Expand municipal services and facilities consistent with growth expectations and to support the planned growth and development pattern.  Consolidated Facilities. Establish consolidated facilities for storage and maintenance of service vehicles and equipment, records storage, materials storage and other needs in locations that are accessible to areas served.  Character of Public Buildings. Design and construct public buildings, facilities and improvements, including a new City Hall, which reflect the character of their surroundings, blend well into existing neighborhoods and districts, and help to establish an identity and quality standard for newly-developing areas of the City.  School Facilities. Communicate with College Station Independent School District on facility coordination opportunities, especially to locate new elementary schools within neighborhoods whenever possible, and to ensure safe/walkable areas around schools. 7-26 College Station Comprehensive Plan Municipal Services & Community Facilities | As Amended 12-10-15  Coordinated Improvements. Capitalize on opportunities to achieve multiple community objectives through major infrastructure projects, such as coordinated road improvements, utility and drainage upgrades, sidewalk rehabilitation / installation / extensions, and streetscape enhancement.  Promote Infill and Redevelopment. Program utility improvements and extensions to promote infill and redevelopment versus expansion of the urbanized area.  Electric Infrastructure. Continue phased implementation of the long-range Electric Transmission Plan, along with other area partners, to ensure adequate and reliable supply to serve anticipated growth and to maintain College Station Utilities’ capability for rapid response to system outages.  Water Infrastructure. Continue phased expansion of water supply resources and associated production capabilities to meet shorter-term peak demands, as well as forecasted longer-term needs.  Public Safety. Expand public safety facilities, including a satellite Police station in College Station and strategically placed Fire Stations, in order to provide adequate service and response times. Strategy 5: Promote facilities and services delivery practices that encourage resource conservation and protection.  Resource Conservation. Determine practical ways to reduce energy consumption and implement resource conservation strategies in all areas of municipal service provision.  Runoff. Limit the impacts of urban runoff on area creeks and bodies of water.  Green College Station. Implement Green College Station initiatives and use “green” technologies and practices to reduce utility consumption, operate more efficiently, and limit facility impacts on nearby areas of the community.  Water Conservation. Pursue and support local water conservation and re-use initiatives, specifically including the reuse of water to irrigate City facilities.  Recycling. Promote solid waste reduction and recycling by residents, businesses, and local institutions, through the creation of initiatives that provide residents a convenient means of disposing of household hazardous waste.  Consolidated Services. Identify ways to consolidate service delivery and create efficiencies in City government by minimizing sprawl and reducing service delivery costs. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:215-0720 Name:Future Land Use & Character Map Amendments Status:Type:Comprehensive Plan Agenda Ready File created:In control:11/24/2015 City Council Regular On agenda:Final action:12/10/2015 Title:Public Hearing, presentation, possible action, and discussion regarding four ordinances amending the College Station Comprehensive Plan by amending the Comprehensive Plan Future Land Use & Character Map in the following four general locations: (A) approximately 40 acres generally located east of FM 2154 (Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (William D. Fitch Parkway), and north of Westminster Subdivision, from Estate and Suburban Commercial to General Suburban and Suburban Commercial; (B) approximately 120 acres generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community, from Restricted Suburban to General Suburban; (C) approximately 900 acres generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road, from Estate to Restricted Suburban; (E) approximately 7 1/2 acres generally located at the northwest corner of State Highway 6 and Nantucket Drive, from Restricted Suburban to Suburban Commercial. Sponsors:Jennifer Prochazka Indexes: Code sections: Attachments:Land Use Assessments report Ordinance - Area A Ordinance - Area B Ordniance - Area C Ordinance - Area E Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding four ordinances amending the College Station Comprehensive Plan by amending the Comprehensive Plan Future Land Use & Character Map in the following four general locations: (A) approximately 40 acres generally located east of FM 2154 (Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (William D. Fitch Parkway), and north of Westminster Subdivision, from Estate and Suburban Commercial to General Suburban and Suburban Commercial; (B) approximately 120 acres generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community, from Restricted Suburban to General Suburban; (C) approximately 900 acres generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road, from Estate to Restricted Suburban; (E) approximately 7 1/2 acres generally located at the northwest corner of State Highway 6 and Nantucket Drive, from Restricted Suburban to Suburban Commercial. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City College Station, TX Printed on 12/7/2015Page 1 of 2 powered by Legistar™ File #:15-0720,Version:2 ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Improving Mobility ·Sustainable City Recommendation(s): The Planning & Zoning Commission considered this item at their November 19, 2015 meeting and recommended approval of the proposed Future Land Use & Character Map amendments described above as (A), (B), and (C), and recommended denial of the proposed amendment described above as (E). Summary:The Comprehensive Plan Five-Year Evaluation and Appraisal Report (2014)served as a “check-up”on the Comprehensive Plan by considering changing conditions and recommending appropriate modifications to the Plan.As part of the development of the Report,a joint subcommittee of three Planning &Zoning Commissioners and three City Council members was formed to guide the process and evaluate the Comprehensive Plan.The resulting Report included recommendations for modification to the Plan,including additional evaluation and potential Future Land Use &Character amendments in five locations,identified as Areas A-E.The Five-Year Evaluation &Appraisal Report included public outreach by way of an on-line survey,a public open house meeting,focus group meetings, and a public review of the draft Report. Staff evaluated the Future Land Use &Character Map in the five identified areas in the attached and made recommendations for changes in four areas.The evaluation of each area and associated recommendations are included in the attached Future Land Use & Character Assessments report. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1)Future Land Use & Character Assessments report 2)Ordinance - Area A 3)Ordinance - Area B 4)Ordinance - Area C 5)Ordinance - Area E College Station, TX Printed on 12/7/2015Page 2 of 2 powered by Legistar™ Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 1 Adopted in 2009, College Station’s Comprehensive Plan is a statement of the community’s vision for the future and provides strategic direction to guide change. Chapter 2 “Community Character” is intended to establish strategies and actions that enable effective planning for future growth, neighborhood protection, new development, and redevelopment. Through the Comprehensive Plan, opportunities are created that accommodate needed development in areas that can be adequately served with public services and where impacts can be managed to maintain compatibility and to promote the desired character and identity of the community. The adopted goal for College Station’s future land use and character is to be a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. Strategies and actions were adopted with the Comprehensive Plan to progress toward this goal. Map 2.2 “Future Land Use & Character Map” depicts the strategies visually. Five-Year Evaluation & Appraisal Report In 2014, the City conducted a Five-Year Evaluation & Appraisal Report to serve as a “check-up” on the City’s Comprehensive Plan by identifying success and shortcomings of the Plan, considering changing conditions, and recommending appropriate modifications. As a result of the evaluation, a subcommittee of City Council Members and Planning & Zoning Commissioners recommended a number of action items, including the following: “Evaluate appropriateness of existing Future Land Use and Character designations and recommend any necessary amendments in the following areas: o (A) FM 2154 (Wellborn Road) at Baron Road; o (B) Greens Prairie Road at Greens Prairie Trail; o (C) Margraves Farm, south of Castlegate; o (D) Northeast corner of William D. Fitch Parkway and Rock Prairie Road; and o (E) Front portion of Nantucket, adjacent to State Highway 6.” Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 2 A Land Use & Character Assessments The following pages assess the existing conditions and future land uses of Areas “A” through “E” and provide a recommendation on potential amendments. Area “A” – Wellborn Road Properties Area “A”, as identified in the Comprehensive Plan Five-Year Evaluation and Appraisal Report, is located south of the intersection of William D. Fitch Parkway and Wellborn Road, west of William D. Fitch Parkway, north of Barron Road, and east of Wellborn Road. The area is approximately 65 acres, primarily developed as large lot single-family. The area is bordered by Barron Road to the south, Wellborn Road to the west, William D. Fitch Parkway to the east, and Southern Trace –a single-family subdivision to the north. The current Comprehensive Plan Future Land Use & Character Map shows this area for Estate-type housing with two tracts recently designated for potential Suburban Commercial development. Staff Recommendation: Staff recommends an amendment to the Future Land Use & Character Map to General Suburban density single-family housing with Suburban Commercial along the Wellborn Road frontage. This amendment would allow for approximately 98 additional residential dwelling units. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Estate –Consists of low-density single-family residential lots (approximately one acre in size). Suburban Commercial –Commercial activities that cater primarily to nearby residents and the design of structures is compatible with nearby single-family residential uses. General Suburban –Consists of high-density single-family residential lots (minimum 5,000 square feet). Neighborhood commercial and office uses may also be permitted in some circumstances. Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 3 Existing Character of the Area: The existing character of the area is primarily rural residential, with the majority of the area developed as low density single-family. Property owners of two tracts requested and received Comprehensive Plan amendments and subsequent rezonings for SC Suburban Commercial. Neither of the properties have developed, but the commercial interest in the area prompted this area to be identified for further study in the Comprehensive Plan Five-Year Evaluation & Appraisal Report. Future Land Use & Character Designation in the Area: This area is largely designated for Estate (1 acre lots), with two tracts fronting Wellborn Road and one at the northwest corner of William D. Fitch Parkway and Barron Road designated for Suburban Commercial. Property to the north is designated for General Suburban and developed as the Southern Trace Subdivision. Growth Area: The area is included in Growth Area IV – Estate portion- Due to the prevailing rural character this area should remain rural in character and be developed at a low intensity. A significant portion (30%- 50%) of the total area shall be retained as natural areas, parks, or open space with land uses clustered or placed on large lots (minimum one acre). Low-density estate lots (average 20,000 square feet) are appropriate throughout this area if clustered. General Suburban portion – Land near the intersection of William D. Fitch Parkway (State Highway 40) and Wellborn Road (FM 2154) should be used for general suburban activities. High-density single-family lots (minimum 5,000 square feet), townhomes, and duplexes shall be limited to that portion of the area designated as General Suburban on the Future Land Use and Character map and shall incorporate design AERIAL Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 4 criteria including , but not limited to, minimum open space, floor-to-area ratios, and bufferyards. Suburban or neighborhood commercial and office uses are also appropriate in this area. Existing Zoning: R Rural, GS General Suburban Existing Development: Existing development on the properties includes rural residential homes in varying densities. Surrounding Property Development: General Suburban homes in the Southern Trace Subdivision to the north and rural residential homes in the Westminster Subdivision to the South, rural residential in the Willow Run Subdivision across Wellborn Road in the ETJ . General Suburban and duplex development across William D. Fitch to the east. Platted: Properties fronting Barron Road are platted as part of the Westminster Subdivision, a rural residential development. Surrounding Properties Platted: Properties to the north are platted as a part of the Southern Trace Subdivision, a general suburban development. ZONING Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 5 FLOODPLAIN PLATTED PROPERTIES Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 6 Floodplain: There is no floodplain in or around the area. Road Condition and Capacity: Wellborn Road is currently built to a 3-lane section in the northern half of this area and as a 2-lane section in the southern half. Barron Road is currently a 2-lane rural residential road. Future Thoroughfares in the Area: Wellborn Road is identified as a Future 4-lane Major Arterial (developed). Barron Road is proposed to be re-aligned through an existing rural residential area as a 4- lane Minor Arterial to align with existing railroad crossing at Capstone, west of Wellborn Road. William D. Fitch (Highway 40) is designated as Freeway/Expressway. The intersection of Barron Road and William D. Fitch is shown as grade-separated on the Thoroughfare Plan. The intersection of William D. Fitch and Wellborn Road is also shown to be grade separated in the future. Planned Bike or Pedestrian Accommodations: Bike lanes and sidewalks are proposed along the realigned Barron Road. Water Provider and Adequate Fire Flows: This property is located within the City of College Station’s water CCN. There is an 18-inch main located along Barron Road and a 12-inch main located along Wellborn Road (FM2154). Available fire flow is adequate in both lines for residential development, however, would be questionable for certain commercial needed fire flows. Wastewater Service: This property is located within the City of College Station’s sewer CCN. There is an existing lift station near Barron Cut-off and Wellborn Road (FM2154) that was designed and constructed with the nearby Aspen Height development. Improvements would be needed to both the lift station and PLANNED THOROUGHFARES Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 7 downstream collection system if additional demand is introduced. There is a 15-inch sewer main that is approximately 1,000-feet to the southeast of this area near Wallace Phillips Parkway. This main currently contains available capacity, however, may be limited as additional demand is introduced. Impact Fee Area: N/A Electric Utility Provider: College Station Utilities. Fire Department Response Time: Within desired 4.5 minute response time. Travel time to this area is approximately 3.8 minutes. Currently Fire Station #3 provides Fire service and EMS. Police Department Service Concerns: Existing service concerns in this area. Additional density will likely further diminish the Police Department’s effectiveness and reduce service levels. Additional staff are needed as growth occurs in this area. Staff Recommendation: Again, staff recommends an amendment to the Future Land Use & Character Map to General Suburban density single-family housing with Suburban Commercial along the Wellborn Road frontage. This amendment would allow for approximately 98 additional residential dwelling units. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Estate –Consists of low-density single-family residential lots (approximately one acre in size). Suburban Commercial –Commercial activities that cater primarily to nearby residents and the design of structures is compatible with nearby single-family residential uses. General Suburban –Consists of high-density single-family residential lots (minimum 5,000 square feet). Neighborhood commercial and office uses may also be permitted in some circumstances. PROPOSED FUTURE LAND USE Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 8 Area “B” – Sweetwater Forest / Barron Cut-off Road Area Properties Area “B”, as identified in the Comprehensive Plan Five-Year Evaluation and Appraisal Report, is located to the west of Castlegate II Subdivision, north of Sweetwater Forest, east of the Wellborn area, and south of Barron Cut-Off Road. The area is approximately 185 acres, largely undeveloped and densely vegetated. The area is bordered by the City limit line to the south, east, and west. The current Comprehensive Plan Future Land Use & Character Map shows this area for Restricted Suburban-type housing, similar to the surrounding area. A rezoning request for Restricted Suburban on approximately 65 acres was approved by the City earlier this year in compliance with the existing Future Land Use and Character designation. Additional properties to the north have been included in this evaluation. Staff Recommendation: Staff recommends an amendment to the Future Land Use & Character Map to General Suburban density single-family housing for properties located between Barron Cut-Off Road and the existing/future Castlegate development. This amendment would allow for approximately 120 additional dwelling units. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Restricted Suburban – Consists of medium-density single-family residential lots (approximately 10,000 square feet). Neighborhood commercial and office uses may also be permitted in some circumstances. General Suburban –Consists of high-density single-family residential lots (minimum 5,000 square feet). Neighborhood commercial and office uses may also be permitted in some circumstances. B Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 9 Existing Character of the Area: The existing character to the south, west and north are rural residential/acreage lots. This area is adjacent to Sweetwater Forest Subdivision, a rural residential development with 1 dwelling unit/1-2 acres. The Wellborn Oaks neighborhood is located south across Greens Prairie Road West and has lot sizes just under 5 acres. To the west is the area known as the “Wellborn Community.” To the north of Barron Road Cut-Off Road is the Westminster Subdivision, developed with lots ranging from 2.5 – 5 acres. To the east of this area is Castlegate, Castlegate II, and Bridgewood Estates Subdivisions. The Castlegate Subdivisions are most similar to a Restricted Suburban character and Bridgewood is most similar to a General Suburban character. Future Land Use & Character Designation in the Area: This area is currently designated for Restricted Suburban. Properties surrounding to the south, west, and north are designated as Estate (1 acre lots) and Wellborn Estate (2+ acres lots). The area to the east is designated as Restricted Suburban. Growth Area: The properties are not included in a Growth Area. Existing Zoning: R Rural, E Estate, and RS Restricted Suburban AERIAL Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 10 Existing Development: Existing development on the properties includes homes along the south side of Barron Cut-Off Road. Other properties are undeveloped. Surrounding Property Development: Castlegate II to the east is currently developing under the General Suburban zoning on the property, but in a pattern similar to Restricted Suburban. Sweetwater Forest and Wellborn Oaks are existing developed acreage subdivisions and are located to the south. To the West are properties developed as very large lot residential / rural in the “Wellborn Community.” Platted: With one exception, properties within this area are not platted. Surrounding Properties Platted: Most of the surrounding properties are platted, with the exception of the “Wellborn Community” to the west. ZONING Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 11 FLOODPLAIN PLATTED PROPERTIES Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 12 Floodplain: Property and surrounding area to the north and west are unstudied. A stream is shown through the northern portion of the property. Road Condition and Capacity: Greens Prairie Road West is a rural section two-lane road that needs to be upgraded prior to development. Barron Cut-Off Road is also developed as a rural section road in this area. Collectors in this area are being constructed with the Castlegate II and Bridgewood Subdivisions. Future Thoroughfares in the Area: Greens Prairie Road West is a proposed 2-lane major collector in this area. Barron Cut-Off Road is proposed as a 2-lane minor collector. Victoria Avenue and Etonbury Avenue are being developed with the Castlegate II Subdivision as 2-land major collectors. Etonbury is proposed to continue north to Barron Cut-Off Road through this area and Victoria Avenue is proposed to continue west to Greens Prairie Road West through this property. An additional unnamed 2-lane major collector is proposed along the northern boundary of Castlegate II, extending through this area and connecting to McCullough Road to the west. Planned Bike or Pedestrian Accommodations: Bike lanes and sidewalks are proposed throughout the area in conjunction with the future thoroughfares. Water Provider and Adequate Fire Flows: This property is located within the City of College Station’s water CCN. There is an 18-inch main located along Barron Road and a 12-inch main located along Wallace Phillips Parkway. Available fire flow is adequate in both lines for residential development. Wastewater Service: This property is located within the City of College Station’s sewer CCN. There is a 15-inch sewer main that is near Wallace Phillips Parkway. This main currently contains available capacity, PLANNED THOROUGHFARES Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 13 however, may be limited as additional demand is introduced. All other lift stations and collection systems in this area have no available capacity. Impact Fee Area: Properties in this area are located in the Spring Creek 97-01 Sewer Impact Fee area. Electric Utility Provider: College Station Utilities. Fire Department Response Time: The northern half of the area is within desired 4.5 minute response time. All of the area is within the 5.5 minute response time. Travel time to this area is approximately 4.6 minutes. Currently, Fire Station #3 provides Fire service and EMS. Once constructed, the future Fire Station #7 along Royder Road could provide more adequate response times. Police Department Service Concerns: Existing service concerns in this area. Additional density will likely further diminish the Police Department’s effectiveness and reduce service levels. Additional staff are needed as growth occurs in this area. Staff Recommendation: Staff recommends an amendment to the Future Land Use & Character Map to General Suburban density single-family housing for properties located between Barron Cut-Off Road and the existing/future Castlegate development. This amendment would allow for approximately 120 additional dwelling units. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Restricted Suburban – Consists of medium-density single-family residential lots (approximately 10,000 square feet). Neighborhood commercial and office uses may also be permitted in some circumstances. General Suburban –Consists of high-density single-family residential lots (minimum 5,000 square feet). Neighborhood commercial and office uses may also be permitted in some circumstances. PROPOSED FUTURE LAND USE Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 14 C Area “C” – Margraves & Wyndham Properties Area “C”, as identified in the Comprehensive Plan Five-Year Evaluation and Appraisal Report, is located southeast of Greens Prairie Road, west of Nantucket subdivision, northwest of Indian Lakes, and northeast of Sweetwater Subdivision. The area is approximately 900 acres, largely undeveloped and partially vegetated. The area is bordered by the City limit line to the south, east, and west. The current Comprehensive Plan Future Land Use & Character Map shows this area for Estate-type housing. Staff Recommendation: Staff recommends amending the Future Land Use and Character Map to reflect the northern portion of the area, approximately 300 acres, for Restricted Suburban density single-family housing, with the southern portion remaining designated for Estate densities. The potential to gravity- sewer the northern portion of the area exists and adequate future thoroughfares are designated. This amendment would allow for approximately 675 additional residential dwelling units in this area. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Estate –Consists of low-density single-family residential lots (approximately one acre in size). Restricted Suburban – Consists of medium-density single-family residential lots (approximately 10,000 square feet). Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 15 Existing Character of the Area: The existing character of the area south of Greens Prairie Road West is rural in nature. This area is adjacent to Sweetwater Subdivision, a rural residential development with 1 dwelling unit/3 acres. Nantucket and Indian Lakes are located to the east across Old Arrington Road. Northwest, across Greens Prairie Road West is Castlegate and Castlegate II – PDDs with Restricted Suburban densities (on the Future Land Use & Character Map) Future Land Use & Character Designation in the Area: This area is currently designated for Estate. Properties surrounding to the east, south and west are outside of the City limits and designated as Rural. The area to the north are designated as Urban and Restricted Suburban (developed as Castlegate and Castlegate II). Growth Area: The properties are included in Growth Area II in the City’s Comprehensive Plan. Description is provided for this area, as follows: “Due to service limitations (water, fire, and police), this area should remain rural in character and be developed at a low intensity. A significant portion (30% - 50%) of the total area shall be retained as natural areas, parks, or open spaces with the land uses clustered or placed on large lots (minimum one acre). Low-density estate lots (average 20,000 square feet) are appropriate throughout this area when clustered. Existing Zoning: R Rural AERIAL Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 16 Existing Development: Existing development on the properties includes oil and gas well, equestrian facilities, Wyndham Ranch buildings PLATTED PROPERTIES ZONING Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 17 Surrounding Property Development: Properties to the north, west, and some areas to the east are platted and developed for varying densities of single-family housing. Adjacent development south of Greens Prairie Road is large-lot development of several acres per lot in most cases. Existing development to the north across Greens Prairie Road are developed with General Suburban and Restricted Suburban lot sizes. Platted: Properties within this area are not platted. Surrounding Properties Platted: Properties to the north and west are platted. Floodplain: Property and surrounding area to the east, south, and west appear to be unstudied. Several streams are shown on the property. Road Condition and Capacity: Greens Prairie Road West is a rural section two-lane road that needs to be upgraded prior to development. The design of Greens Prairie Road West is anticipated to be funded in FY2018. Old Arrington Road is a substandard Brazos County rural road section with rural residential lots fronting on it along the east side of the road. Future Thoroughfares in the Area: Greens Prairie Road West is a proposed 4-lane minor arterial. A 2-lane minor collector is proposed in this area that will connect Greens Prairie Road West to property to the southwest, with three 2-lane collectors projecting from the collector and connecting to Old Arrington Road, a future 4-lane major collector. An additional 4-lane major collector is proposed near the western edge of the area, connecting Greens Prairie Road West to Old Arrington. During the Five-Year Comprehensive Plan evaluation process, Nantucket/South Hampton neighborhood residents expressed concerns about increased densities in this area because of the likely increase of traffic through their subdivisions. Harper’s Ferry Road/Nantucket Drive and South Oaks Drive provide the only access from Arrington Road to State Highway 6. At Nantucket Drive there is a grade-separation with State Highway 6. While designated as collectors on the City’s Thoroughfare Plan, both South Oaks Drive and FLOODPLAIN Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 18 Nantucket Drive are currently constructed to a rural residential width of approximately 24 feet with single- family homes fronting the roadways. Planned Bike or Pedestrian Accommodations: Bike lanes and routes proposed throughout the area. Because the thoroughfares in this area are proposed to be rural section roads, no sidewalks are currently proposed in the master plan. Water Provider and Adequate Fire Flows: This property is located within the City of College Station’s water CCN. There is a 12-inch main to the north of this area, located along Green Prairie Road from Castlegate Drive to Arrington Road. Available fire flow is adequate in this line for residential development. Wastewater Service: This property is located within the City of College Station’s sewer CCN. There is a 12-inch sewer main that is near Harper Ferry Road and Arrington Road. This main currently contains available capacity, however, may be limited as additional demand is introduced. A majority of this area is outside of the City’s topographic sewersheds for the Carters and Lick Creek Wastewater Treatment Plants. Because of this, a lift station would be needed to serve a significant portion of the identified area. Impact Fee Area: Small portion in the northern corner of the area is within the Spring Creek Impact Fee Area. Electric Utility Provider: BTU. Not within College Station’s electrical service territory. Fire Department Response Time: Not within desired 4.5 minute response time. The northeastern 1/3 of the property is within the 5.5 minute response time from Station 5 (no ambulance). Travel time to this area is approximately 5.1 minutes. Once constructed, the future Fire Station No. 7 along Royder Road may provide more adequate response times. Currently, Fire Station #5 provides Fire service and Fire Station #3 provides EMS. PLANNED THOROUGHFARES Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 19 Police Department Service Concerns: Existing service concerns in this area. Additional density will likely further diminish the Police Department’s effectiveness and reduce service levels. Additional staff are needed as growth occurs in this area. Staff Recommendation: Staff recommends amending the Future Land Use and Character Map to reflect the northern portion of the area, approximately 300 acres, for Restricted Suburban density single-family housing, with the southern portion remaining designated for Estate densities. The potential to gravity- sewer the northern portion of the area exists and adequate future thoroughfares are designated. This amendment would allow for approximately 675 additional residential dwelling units in this area. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Estate –Consists of low-density single-family residential lots (approximately one acre in size). Restricted Suburban – Consists of medium-density single-family residential lots (approximately 10,000 square feet). PROPOSED FUTURE LAND USE Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 20 Area “D” – William D. Fitch Parkway & Rock Prairie Road Area “D”, as identified in the Comprehensive Plan Five-Year Evaluation and Appraisal Report, is located north of the intersection of William D. Fitch Parkway and Rock Prairie Road. The area is approximately 800 acres, largely undeveloped and partially vegetated. The area is bordered by significant floodplain. The current Comprehensive Plan Future Land Use & Character Map shows this area for Estate-type housing. Since this area was identified in the Five-Year Evaluation and Appraisal Report, property in this area has since been rezoned and preliminary platted for a 70-acre Estate development. Staff Recommendation: Staff recommends no change to the Future Land Use & Character Map in this area. Generally, land located between Carter’s Creek and Rock Prairie Road is planned for low intensity residential uses. Due to the location of the Creek and existing rural residential development in the area, there is very little thoroughfare infrastructure planned in this area, limiting overall connectivity and thoroughfare capacity in the future. Additionally, the revised Thoroughfare Plan Context in this area is designated as “Rural.” To protect the existing rural and estate character of the nearby neighborhoods and larger area, Staff recommends that the area remains designated for Estate densities in the undeveloped areas north of Rock Prairie Road. Additional Suburban Commercial property may be appropriate in the future east of William D. Fitch Parkway, on the northeast corner. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Estate –Consists of low-density single-family residential lots (approximately one acre in size). Suburban Commercial –Commercial activities that cater primarily to nearby residents and the design of structures is compatible with nearby single-family residential uses. D Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 21 Existing Character of the Area: The existing character of the area north of the intersection of William D. Fitch Parkway and Rock Prairie Road is rural in nature. This area is located between Carter’s Creek floodplain and Rock Prairie Road and is located northwest of Williams Creek Subdivision, a rural residential development. To the west along Rock Prairie Road are existing rural residential developments including Carter Lake Subdivision. Future Land Use & Character Designation in the Area: This area is currently designated for Estate, with a limited amount of Suburban Commercial at the intersection. Properties surrounding are also designated for future Estate Development. To the south, across Rock Prairie Road, is the former land fill (and future park) and the CSISD Transportation Center. Growth Area: This area is within Growth Area III in the Comprehensive Plan which states that to protect the prevailing character, this area should remain rural in nature and be developed as low intensity residential with preservation of open spaces. Existing Zoning: E Estate and R Rural AERIAL Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 22 Existing Development: Existing development in the area includes very large lot single-family residential and agricultural uses. Surrounding Property Development: Properties to the north are developed as Carter Lake Subdivision, an Estate lot development. Properties across Rock Prairie Road are developed as CSISD Transportation Center and the former landfill. Properties across William D. Fitch are developed as the Williams Creek Subdivision, a rural residential development. Platted: The majority of the area is unplatted, with the exception of the Cutting Edge Addition and Olden Homeplace, both single-lot subdivisions along Rock Prairie Road. Williams Creek Lake Estates, a seventy- acre Estate-density subdivision, is currently in the platting process. Surrounding Properties Platted: Properties to the west are platted as a part of the Carter Lake Subdivision, an Estate subdivision, and Paterson Estates, a 20-acre, single-lot subdivision along Bradley Road. Properties to the east are platted as a part of the Williams Creek Subdivision, an Estate subdivision. ZONING Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 23 FLOODPLAIN PLATTED PROPERTIES Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 24 Floodplain: Portions of this area along the City-limits are located within the FEMA designated 100-year floodplain. Road Condition and Capacity: Rock Prairie Road is currently being rebuilt as a two-lane rural road section in this area. William D. Fitch Parkway is also a two-lane rural road section in this area. Future Thoroughfares in the Area: Rock Prairie Road is a future 4-lane minor arterial in this area and William D. Fitch Parkway is proposed as a 6-lane major arterial. A 2-lane minor collector is proposed to connect Rock Prairie Road to William D. Fitch Parkway in this area in the future. No other thoroughfares are proposed in this area. Planned Bike or Pedestrian Accommodations: Future bike lanes are proposed along Rock Prairie Road and William D. Fitch Parkway in this area when the roadways are built to their future cross sections. Future sidewalks are proposed along Rock Prairie Road in this area. Because William D. Fitch is proposed to be a rural road in this area in the future, no sidewalks are proposed in the master plan. Water Provider and Adequate Fire Flows: This area’s frontage along Rock Prairie Road (approximately 250 feet depth) is within the City of College Station’s water CCN. There is an 18-inch main located along Rock Prairie Road. Available fire flow is adequate in this line for residential development. The remainder of this area is within Wellborn SUD’s water CCN. Available fire flows are unknown at this time and would need to be discussed with Wellborn SUD as development is proposed. Wastewater Service: This property is located within the City of College Station’s sewer CCN. There is an existing lift station and 12-inch sewer main along William D. Fitch. This main and lift station currently have available capacity, however, may be limited as additional demand is introduced. Impact Fee Area: No Electric Utility Provider: BTU. This area is outside of the City of College Station’s service territory. Fire Department Response Time: Most of the area is within the desired 4.5 minute response time. Travel time to this area is approximately 4.8 to 5.3 minutes. Currently Fire Station #5 provides Fire service and Fire Station #3 provides EMS. Police Department Service Concerns: Existing service concerns in this area. Additional density will likely further diminish the Police Department’s effectiveness and reduce service levels. Additional staff are needed as growth occurs in this area. Staff Recommendation: Staff recommends no change to the Future Land Use & Character Map in this area. Generally, land located between Carter’s Creek and Rock Prairie Road is planned for low intensity residential uses. Due to the location of the Creek and existing rural residential development in the area, there is very little thoroughfare infrastructure planned in this area, limiting overall connectivity and thoroughfare capacity in the future. Additionally, the revised Thoroughfare Plan Context in this area is designated as “Rural.” To protect the existing rural and estate character of the nearby neighborhoods and larger area, Staff recommends that the area remains designated for Estate densities in the undeveloped areas north of Rock Prairie Road. Additional Suburban Commercial property may be appropriate in the future east of William D. Fitch Parkway, on the northeast corner. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 25 Estate –Consists of low-density single-family residential lots (approximately one acre in size). Suburban Commercial –Commercial activities that cater primarily to nearby residents and the design of structures is compatible with nearby single-family residential uses. Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 26 E Area “E” – Nantucket Entrance Area Area “E”, as identified in the Comprehensive Plan Five-Year Evaluation and Appraisal Report, is located west of the State Highway 6 overpass at Nantucket Drive. The area is at the entrance to the Nantucket Subdivision, developed in the 1980s and 1990s in the City’s Extra Territorial Jurisdiction (ETJ). The identified area was annexed into the City in 1996. Adjacent properties were annexed in 2002, while the majority of the neighborhood remains outside of the City in the ETJ. The area is just under eight acres and divided into six tracts/lots and largely undeveloped. Two of the tracts are currently developed with single- family homes with accessory business use. The area is just north of Nantucket Drive and the South Hampton single-family subdivision. The current Comprehensive Plan Future Land Use & Character Map shows this area for Restricted Suburban-type housing. The City was approached by the property owners of the undeveloped tracts to explore the potential for light commercial development in this remaining undeveloped area of Nantucket. Staff Recommendation: Being located along the frontage road at a grade-separated intersection, the properties have some commercial potential, but because the properties are located in an established neighborhood, Staff does have concerns of potential compatibility issues. However, because of the location, staff believes that the properties are unlikely to develop as large-lot single-family housing, as currently platted, or as Restricted Suburban single-family lots, as currently designated on the Future Land Use and Character Map. Staff recommends an amendment to Suburban Commercial, as requested by the property owners on the eastern portion of the area, closest to State Highway 6. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: Restricted Suburban – Consists of medium-density single-family residential lots (approximately 10,000 square feet). Suburban Commercial –Commercial activities that cater primarily to nearby residents and the design of structures is compatible with nearby single-family residential uses. Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 27 Existing Character of the Area: Nantucket is a developed rural residential subdivision with an Estate character. South Hampton Subdivision is located to the South of Nantucket Drive and is a single-family subdivision with a Restricted Suburban character. Future Land Use & Character Designation in the Area: This area is currently designated as Restricted Suburban – a single-family designation with average lot sizes of 10,000 s.f. Growth Area: Not within an identified Growth Area. Existing zoning: R Rural AERIAL Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 28 Existing Development: Two homes exist in this area, both believed to also have accessory commercial associated with them. Surrounding Property Development: Developed as single-family residential subdivisions. Platted: Platted as part of the Nantucket Subdivision in 1983 and 1984. Surrounding Properties Platted: Surrounding properties platted as a part of Nantucket Subdivision, Kensail Point Subdivision, and South Hampton Subdivision – all single-family residential plats. EXISTING ZONING Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 29 PLATTED PROPERTIES FLOODPLAIN Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 30 Floodplain: No floodplain exists on the subject properties. To the north is a man-made lake that is owned and maintained by the Nantucket Homeowner Association. Road Condition and Capacity: Nantucket Drive was developed with the Nantucket subdivision as a rural residential street. It has since been designated as a 2-land minor collector on the City’s Thoroughfare Plan reflecting the connection from Arrington Road to Highway 6, via Harper’s Ferry Road. Both Harper’s Ferry Road and Nantucket Drive are built as rural residential streets with single-family homes fronting on them. The area lies adjacent to State Highway 6 with a grade-separated intersection at Nantucket Drive. Future Thoroughfares in the Area: Nantucket Drive is designated as a 2-lane minor collector on the Thoroughfare Plan and State Highway 6 is designated as a Freeway/Expressway. Planned Bike or Pedestrian Accommodations: Nantucket Drive is shown on the Bicycle Master Plan as an existing bike route. Water Provider and Adequate Fire Flows: This area is not located within the City of College Station’s water CCN. This area is currently within Wellborn SUD’s Water CCN. Available fire flows are unknown in this area and would need to be discussed with Wellborn SUD. Wastewater Service: This property is located within the City of College Station’s sewer CCN. There is an 18-inch sewer main along Nantucket Drive. This main currently contains available capacity, however, may be limited as additional demand is introduced. PLANNED THOROUGHFARES Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 31 Impact Fee Area: Alum Creek 97-02B sewer line. Impact feels are assessed at the time of the filing of the Final Plat, which vests the property to the effective fee at that time. Impact Fees are collected at the time of the issuance of the building permit. Electric Utility provider: BTU. Not within College Station’s electrical service CCN. Fire Department Response time: Not within desired 4.5 minute response time. Travel time to this area is approximately 5.0 minutes. Currently, Fire Station #5 provides Fire service and Fire Station #3 provides EMS service. Police Department service concerns: Existing service concerns in this area. Additional density will likely further diminish the Police Department’s effectiveness and reduce service levels. Additional staff are needed as growth occurs in this area. Staff Recommendation: Being located along the frontage road at a grade-separated intersection, the properties have some commercial potential, but because the properties are located in an established neighborhood, Staff does have concerns of potential compatibility issues. However, because of the location, staff believes that the properties are unlikely to develop as large-lot single-family housing, as currently platted, or as Restricted Suburban single-family lots, as currently designated on the Future Land Use and Character Map. Staff recommends an amendment to Suburban Commercial, as requested by the property owners on the eastern portion of the area, closest to State Highway 6. In the Comprehensive Plan, the Future Land Use and Character Map designations are described as follows: AERIAL Comprehensive Plan – Future Land Use and Character Map Land Use & Character Assessments November, 2015 Page | 32 Restricted Suburban – Consists of medium-density single-family residential lots (approximately 10,000 square feet). Suburban Commercial –Commercial activities that cater primarily to nearby residents and the design of structures is compatible with nearby single-family residential uses. PROPOSED FUTURE LAND USE 6fc7b788-0963-4fd1-be3f-69d01c21d9b9.docx ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE AND CHARACTER MAP FROM ESTATE AND SUBURBAN COMMERCIAL TO GENERAL SUBURBAN AND SUBURBAN COMMERCIAL, FOR APPROXIMATELY 40 ACRES GENERALLY LOCATED EAST OF FM 2154 (WELLBORN ROAD), SOUTH OF THE SOUTHERN TRACE SUBDIVISION, WEST OF STATE HIGHWAY 40 (WILLIAM D. FITCH PARKWAY), AND NORTH OF THE WESTMINSTER SUBDIVISION, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding a new Subsection C.2.j. of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B”, attached hereto for the identified area and made a part hereof 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 10th day of December, 2015. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.___________ Page 2 of 6 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding a new Subsection C.2.j. to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “ EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; ORDINANCE NO.___________ Page 3 of 6 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 2015-3670, dated July 9, 2015. j. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – by this ordinance, dated December 10, 2015. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. ORDINANCE NO.___________ Page 4 of 6 e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance dated December 10, 2015. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance dated December 10, 2015. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.___________ Page 5 of 6 EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 – Community Character” from Suburban Commercial and Estate, to Suburban Commercial and General Suburban as follows: ORDINANCE NO.___________ Page 6 of 6 Existing Future Land Use & Character Map Proposed Future Land Use & Character Map da724c5e-ba8e-42de-a199-15f5f1626f9f.docx ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE AND CHARACTER MAP FROM RESTRICTED SUBURBAN TO GENERAL SUBURBAN, FOR APPROXIMATELY 120 ACRES GENERALLY LOCATED SOUTH OF BARRON CUT-OFF ROAD, WEST OF WS PHILLIPS PARKWAY, NORTH OF THE CASTLEGATE II SUBDIVISION AND EAST OF THE WELLBORN COMMUNITY, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding a new Subsection C.2.k of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B”, attached hereto for the identified area and made a part hereof 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 10th day of December, 2015. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO.__________ Page 2 of 6 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding a new Subsection C.2.k to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and ORDINANCE NO.__________ Page 3 of 6 18. South Knoll Area Neighborhood Plan dated September 2013. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 2015-3670, dated July 9, 2015. j. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance dated December 10, 2015. k. The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – by this ordinance, dated December 10, 2015. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. ORDINANCE NO.__________ Page 4 of 6 d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance dated December 10, 2015. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance dated December 10, 2015. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” ORDINANCE NO.__________ Page 5 of 6 EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 – Community Character” from Restricted Suburban to General Suburban as follows: ORDINANCE NO.__________ Page 6 of 6 Existing Future Land Use & Character Map Proposed Future Land Use & Character Map b2297a3e-12e9-4e0c-ab76-ee0931093ed5.docx ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE AND CHARACTER MAP FROM ESTATE TO RESTRICTED SUBURBAN, FOR APPROXIMATELY 900 ACRES GENERALLY LOCATED SOUTH OF GREENS PRAIRIE ROAD WEST, EAST OF THE SWEETWATER SUBDIVISION, AND NORTH OF ARRINGTON ROAD, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding a new Subsection C.2.l of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto for the identified area and made a part hereof 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 10th day of December, 2015. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ ORDINANCE NO.______ Page 2 of 6 City Attorney EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, is hereby amended by adding a new Subsection C.2.l to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; ORDINANCE NO.______ Page 3 of 6 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 2015-3670, dated July 9, 2015. j. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – ordinance dated December 10, 2015. k. The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – ordinance dated December 10, 2015. l. The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – by this Ordinance dated December 10, 2015. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. ORDINANCE NO.______ Page 4 of 6 b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance dated December 10, 2015. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance dated December 10, 2015. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. ORDINANCE NO.______ Page 5 of 6 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 – Community Character” from Estate to Restricted Suburban as follows: ORDINANCE NO.______ Page 6 of 6 Existing Future Land Use & Character Map Proposed Future Land Use & Character Map 07743ff9-1d71-40c3-a1c0-26f9050e7b4a.docx -ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE AND CHARACTER MAP FROM RESTRICTED SUBURBAN TO SUBURBAN COMMERCIAL, FOR APPROXIMATELY 7 1/2 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 6 AND NANTUCKET DRIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHE R PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding a new Subsection C.2.m of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto for the identified area and made a part hereof 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 10th day of December, 2015. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney ORDINANCE NO._______ Page 2 of 6 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, in hereby amended by adding a new Subsection C.2.m to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and ORDINANCE NO._______ Page 3 of 6 18. South Knoll Area Neighborhood Plan dated September 2013. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 2015-3670, dated July 9, 2015. j. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – ordinance dated December 10, 2015. k. The approximately 120 acres of land generally located south of Barron Cut-Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – ordinance dated December 10, 2015. l. The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – ordinance dated December 10, 2015. m. The approximately 7 ½ acres generally located at the northwest corner of State Highway 6 and Nantucket Drive – by this Ordinance dated December 10, 2015. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. ORDINANCE NO._______ Page 4 of 6 b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance dated December 10, 2015. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance dated December 10, 2015. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. ORDINANCE NO._______ Page 5 of 6 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 – Community Character” from Restricted Suburban to Suburban Commercial as follows: ORDINANCE NO._______ Page 6 of 6 Existing Future Land Use & Character Map Proposed Future Land Use & Character Map