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HomeMy WebLinkAbout02/25/2016 - 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, February 25, 2016 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping " items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: ·February 11, 2016 Workshop ·February 11, 2016 Regular Meeting February 15, 2016 Retreat 16-01032a. Sponsors:Mashburn WKSHP021116 DRAFT Minutes RM021116 DRAFT Minutes RTRT021516 Minutes Attachments: Presentation, possible action, and discussion regarding a City Sponsorship Policy. 15-07012b. Sponsors:Schmitz Page 1 College Station, TX Printed on 2/19/2016 February 25, 2016City Council Regular Meeting Agenda - Final Sponsorship Policy - 11.17.15.docx Support App Form 11.10.15.docx Support Criteria 11.10.15 .docx Sponsorship Agreement 11.17.15.docx NAMING OF CITY FACILITIES AND SUB-FACILITIES APPROVED.docx Attachments: Presentation, possible action, and discussion concerning the City Internal Auditor’s College Station Police Department Inventory Audit. 16-00012c. Sponsors:Elliott CSPD Inventory Audit ReportAttachments: Presentation, possible action, and discussion regarding the annual price agreement with Mustang Rental Services for heavy machinery rentals not to exceed $75,000. 16-00732d. Sponsors:Kersten 16-015 tab 2.pdfAttachments: Presentation, possible action, and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. 16-00772e. Sponsors:McCollum Cover Letter to City Council- Dr. Alex del Carmen.pdf Summary of Analysis- Dr. Alex del Carmen.pdf Attachments: Presentation, possible action, and discussion of proposed Community Development Block Grant Economic Development Program Guidelines. 16-00792f. Sponsors:Eller Attachment 1-CDBG Economic Development Guidelines - Draft.docxAttachments: Presentation, possible action, and discussion regarding the award of a three year general services contract (contract no. 16300021; RFP no. 16-005) for Electric and Water Meter Reading Services to Alexander’s Contract Services, Inc. in an amount not to exceed $550,000 per year, or $1,650,000 over the three year period. 16-00852g. Sponsors:Kersten Presentation, possible action, and discussion on a professional services contract (Contract No. 16300247) with Halff Associates in the amount of $81,676 for the professional engineering services related to the preliminary engineering report associated with the design of the Capstone & Barron Alignment project. 16-00862h. Page 2 College Station, TX Printed on 2/19/2016 February 25, 2016City Council Regular Meeting Agenda - Final Sponsors:Harmon Project Map.pdfAttachments: Presentation, possible action, and discussion regarding the approval of a construction contract (Contract No. 16300178) with Norman Concrete Services, LLC in the amount of $198,786 for the construction of sidewalk improvements along FM 2154 (Bid No. 16-035) and presentation, possible action and discussion regarding the rejection of Bid No. 15-041. 16-00872i. Sponsors:Harmon 15-041 Tab.pdf 16-035 Tab.pdf FM 2154 SW Map.pdf Attachments: Presentation, possible action, and discussion on a professional services contract (Contract No. 16300246) with Binkley & Barfield in the amount of $194,485.50 for the preliminary engineering report associated with the Rock Prairie Road West - FM 2154 to City Limits Project. 16-00882j. Sponsors:Harmon Project Map.pdfAttachments: Presentation, possible action, and discussion regarding a professional services contract (Contract No. 16300279) with Pierce, Goodwin, Alexander and Linville (PGAL) in the amount of $1,960,000 for the design of a new police station, and presentation, possible action and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. 16-00942k. Sponsors:Gilman Police Station DRR (2-25-2016).pdf PGAL Agreement Attachments: Presentation, possible action, and discussion regarding a three year lease agreement between The City of College Station and JAR Capital Investments, LLC, in the total amount of $350,413.44 for office lease space at 511 University Drive East. 16-01002l. Sponsors:Nettles Lease 511 University 2-12-16Attachments: Presentation, possible action, and discussion on a construction contract with All Star I&E, Inc; in the amount of $60,011.68, for the replacement of electrical panels and boxes that operate six athletic 16-01012m. Page 3 College Station, TX Printed on 2/19/2016 February 25, 2016City Council Regular Meeting Agenda - Final field lights at Veterans Park. Sponsors:Schmitz 16-036 Tab.pdf 16300179 All Star.pdf Veterans Electrical Upgrades Site.jpg Attachments: Presentation, possible action, and discussion of an interlocal agreement with Blinn College for the City Fire Department to provide clinical sites to Blinn EMS students. 16-01022n. Sponsors:Hurt K CS Fire Dept Affil Agreemt 6Attachments: Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. 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 O Office to PDD Planned Development District for approximately 7 acres being situated in the Thomas Caruthers League, abstract no. 9, in College Station, Brazos County, Texas, being the northern portion 16-01041. Page 4 College Station, TX Printed on 2/19/2016 February 25, 2016City Council Regular Meeting Agenda - Final of that 25.79 acre tract conveyed to Brian Howard Perry by deed recorded in volume 10459, page 34 of the Official Public Records of Brazos County, Texas, generally located at 3600 Rock Prairie Road, more generally located at the intersection of Rock Prairie Road and Medical Avenue, to the east of Scott and White Hospital. Case #REZ2015-000033 Sponsors:Bullock Background Information Aerial and Small Area Map Ordinance Attachments: Presentation, possible action and discussion regarding appointments to the following boards and commissions: • B/CS Library Committee • Bicycle, Pedestrian, and Greenways Advisory Board • Construction Board of Adjustments • Design Review Board • Historic Preservation Committee • Joint Relief Funding Review Committee • Landmark Commission • Parks and Recreation Board • Planning and Zoning Commission • Zoning Board of Adjustments 16-01062. Sponsors:Mashburn 3. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. 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 February 19, 2016 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 Page 5 College Station, TX Printed on 2/19/2016 February 25, 2016City Council Regular Meeting Agenda - Final viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 6 College Station, TX Printed on 2/19/2016 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0103 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:2/12/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion of minutes for: ·February 11, 2016 Workshop ·February 11, 2016 Regular Meeting February 15, 2016 Retreat Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP021116 DRAFT Minutes RM021116 DRAFT Minutes RTRT021516 Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ·February 11, 2016 Workshop ·February 11, 2016 Regular Meeting February 15, 2016 Retreat Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: ·February 11, 2016 Workshop ·February 11, 2016 Regular Meeting February 15, 2016 Retreat College Station, TX Printed on 2/19/2016Page 1 of 1 powered by Legistar™ WKSHP021116 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION FEBRUARY 11, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: TAMU Student Liaison Blanche Brick Wayne Beckermann, VP/Municipal Affairs Steve Aldrich arrived after roll call Karl Mooney John Nichols Julie Schultz, arrived after roll call 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 4:30 p.m. on Thursday, February 11, 2016 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, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 4:30 p.m. on Thursday, February 11, 2016 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  Juliao v. City of College Station, Cause No. 14-002168-CV-272, in the 272nd District Court of Brazos County, Texas WKSHP021116 Minutes Page 2  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. Deliberation on a competitive matter as defined in Gov’t Code §552.133; to wit:  Power Supply The Executive Session adjourned at 5:10 p.m. 3. Take action, if any, on Executive Session. There was no action required from Executive Session. 4. Presentation, possible action, and discussion on items listed on the consent agenda. Items 2d and 2e were pulled for clarification. (2d): Alison Pond, Director of Human Resources, stated that $7.3 million is in the fund balance. This is not typical; there were unusually high claims in November and December. (2e): Donald Harmon, Director of Public Works, clarified there is a contingency of approximately $200,000. The unexpended balance is $2.365million. 5. Presentation, possible action, and discussion by the Convention and Visitor's Bureau of Huddle Up Group's Report on the current and future of the Sports Tourism Industry in the Bryan-College Station area. Shannon Overby, President/CEO, introduced the Huddle Up Group representative, Jon Schmieder, who reported on the current sports tourism and the future of the sports tourism industry in the Bryan-College Station area. 32 interviews were conducted, and 21 venues were toured. Branding is key. A stand-alone sports commission is not a good idea in Bryan-College Station. It is not just bed tax collections, it’s the overall economic activity that we are shooting for; the best cities take into account the total activity. He recommended a sports “marketing” model versus a sports “tourism” focus, which includes events along with sports. Access to A&M needs to improve. He presented a 5-year strategic mission with three pillars: bid events, created/owned events, and community engagement. 6. Presentation, possible action, and discussion of proposed Community Development Block Grant Economic Development Program Guidelines. Natalie Ruiz, Director of Economic Development, reported that the City’s CDBG funds can be used to carry out a wide variety of economic development activities with the purpose of providing employment opportunities for low and moderate income people. She provided local examples of how CDBG funds have been used for economic development, such as the Cooner Street rehabilitation and the Northgate entertainment district. The proposed CDBG Economic Development Program Guidelines have been developed to meet the requirements of the grant, WKSHP021116 Minutes Page 3 provide a versatile tool to be used by the City's Economic Development staff to further the City's economic development goals, and encourage the creation of jobs. 7. Presentation, possible action, and discussion regarding an update of compensation strategy and work. Kelly Templin, City Manager, reported that he has been working with the Human Resources Director to review market data, look at compensation strategy, and define future priorities for attracting, retaining, and engaging high performing employees. Future success will involve a pay structure movement, retention strategies for high performers, and remaining adaptable to market and recruitment impacts. Discussion for the FY17 budget will include funding for additional adjustments to align positions to the market, funding for movement of the pay structure, and funding for the merit increase pool. 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 Nichols asked for an item regarding texting while driving ban, and Mayor Berry asked to add hands-free telephoning. Councilmember Mooney asked for a Safety City update at the March 31 meeting. Councilmember Aldrich asked to discuss the communication relationship between Commissioner’s Court and Council. 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, 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, WKSHP021116 Minutes Page 4 Councilmember Brick reported on the Bicycle, Pedestrian, and Greenways committee. Mayor Berry reported on the Compensation and Benefits committee and the MPO. Councilmember Nichols reported on the Convention and Visitors Bureau and the Health Department. Councilmember Aldrich reported on the Council of Governments. 11. Adjournment There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 6:42 p.m. on Thursday, February 11, 2016. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM021116 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION FEBRUARY 11, 2016 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 7:01 p.m. on Thursday, February 11, 2016 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 Pfc. Stuart Westley Moore. Wayne Beckermann, Vice President of Municipal Affairs, updated the Council on the Walk & Talk, #agslovebrazos, allocations for a retaining wall in Northgate for pedestrian safety, support of exchange zones, and reminded everyone to sign up for The Big Event. RM021116 Minutes Page 2 CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  January 28, 2016 Workshop  January 28, 2016 Regular Meeting 2b. Presentation, possible action, and discussion as it relates to the appointment of a member, representing the City of College Station, to the Aggieland Humane Society board, formerly named the Brazos Animal Shelter. 2c. Presentation, possible action, and discussion regarding the first renewal of an Agreement for Services with the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues, programs and tournaments (Contract Number 15-124) in an amount not to exceed $190,000 per year. 2d. Presentation, possible action, and discussion to ratify additional claims paid in the amount of $410,923.49 for the 2015 Blue Cross Blue Shield claims expenses. 2e. Presentation, possible action, and discussion regarding a construction contract (Contract No. 1600111) between the City of College Station and JaCody, Inc. in the amount of $2,081,083 for the construction of the Lick Creek Nature Center (RFP 16-028). 2f. Presentation, possible action, and discussion on the second of two readings of Ordinance 2016-3744, a franchise agreement with Brazos Valley Trash Valet & Recycling; for the collection of recyclables from commercial businesses and multi-family locations. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion on Ordinance 2016-3745 Budget Amendment #1, amending Ordinance No. 3705 which will amend the budget for the 2015-2016 Fiscal Year in the amount of $3,048,226; and presentation, possible action and discussion on contingency transfers totaling $188,500. Jeff Kersten, Assistant City Manager, noted the proposed budget amendment is to increase the FY16 budget appropriations by $3,048,226. This amendment also includes three contingency transfers totaling $188,500. Staff recommended approval of Budget Amendment #! And the contingency transfers. At approximately 7:13 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:13 p.m. RM021116 Minutes Page 3 MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Aldrich, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3745 Budget Amendment #1, amending Ordinance No. 3705 which will amend the budget for the 2015-2016 Fiscal Year in the amount of $3,048,226 and the contingency transfers totaling $188,500. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3746, 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 amending the existing PDD Planned Development District and related Concept Plan for approximately 19.74 acres being out of the Robert Stevenson Survey, A-54 Brazos County, Texas, also being part of the 20.4821 acres tract of land owned by Greens Prairie Investors LTD, as recorded in Volume 7366, Page 294 of the Official Records of Brazos County, generally located at 529 William D Fitch Parkway, more generally located at the northeast corner of William D. Fitch Parkway and Victoria Avenue. This item was taken out of order and followed item #6. Councilmember Schultz recused herself from this item. Mark Bombeck, Planning and Development, stated the applicant is requesting to amend the current Planned Development District to remove Office from the list of approved uses on the property. The applicant is also requesting to amend the associated Concept Plan to reduce the number of proposed buildings for a General Commercial use and increase the number of Multi- Family structures. The PDD uses a base zoning district of Multi-Family and General Commercial. The Planning and Zoning Commission considered this item at their January 21 meeting and voted 5-0-1 to recommend approval. The developer, Wallace Phillips, said his vision is that this would be an addition to the Master Planned community of Castle Rock. He clarified the drainage modifications so that the drainage would flow away from Castle Rock. As for buffering, he clarified that the units will not exceed three stories. He noted that the development is north of Castle Rock, and he does not anticipate any traffic impact to Castle Rock. At approximately 7:52 p.m., Mayor Berry opened the Public Hearing. Jennifer Hurd, 4256 Rocky Rhodes, HOA president, read the petition that has been circulated, attached. 363 people have signed the petition. 90% are Castle Rock residents; the others are supporters of the neighborhood. Christi Blair, 4107 Rocky Creek, said the number of units is still up for debate; she has not been given a straight answer. In 2010, Castle Rock was less than one-third built out and controlled by the developer. There is not enough land for hundreds of units. This version is vastly differen t from the original vision, RM021116 Minutes Page 4 Tom Kiske, 4213 Rocky Creek Trail, said he hoped that Council had received his report that detailed the residents’ concerns: 55’ tall apartments, quadrupled run-off into an overburdened creek, traffic endangering the children, and irreparable environmental damage from the construction. Jimmy Smith, 4222 Rock Bend, stated that he was aware of commercial development when he purchased his home. However, he now has some concerns regarding this development, specifically traffic and the elimination of the buffering requirements. He is opposed to this project as submitted. Barbara Heath, 4236 Rocky Rhodes, she bought her home in 2008. She brought a map that was given to her by the realtor. She was told of possible development in the future. However, she was never informed there would be a multi-family development so close to the neighborhood. Joseph Palmer, 4112 Rocky Mountain, said the residents will bear the cost of this community with no benefits. He asked that Council restrict ingress/egress to the development via the parkway. Lori Ross, 4281 Rock Bend, quoted Mr. Philips’ assertion that traffic will be reduced with the removal of offices from the development and disagreed. This is not the image that was initially presented. There has to be a better than using the main entrance as an access point. Andrew Middleton, 4114 Rocky Mountain Court, spoke about the neighborhood integrity as it is described in the Comprehensive Plan. The 2010 PDD had a fair balance of commercial, multi- family, and office. The key value of College Station should be upheld. Development cannot take place without consideration of the adjacent interests. Joseph Sorg, 4104 Rocky Mountain Court, spoke of his concerns about his children and the amount of traffic that will be generated by this development. The increased units will i ncrease traffic, especially on the weekends. Lori Enzar, 4113 Rocky Mountain Court, agreed with previous speakers. She is also concerned with the traffic signal planned for Victoria. Those residents will come through the neighborhood to avoid the light. Maria Lyons, 4108 Rocky Oak Court, referenced Chapter 3 of the Comp Plan and stated this is not in line with the City growth plan. Joe Guerra, 2079 Ravenstone Loop, said he was in support of the residents of Castle Rock. He said the TIA shows that at buildout, the traffic would be at capacity. The traffic concerns of the residents are valid. He suggested combining the tract with one to the north. Amy Arredondo, 4258 Rocky Rhodes, thanked Council for their response to her email. Her concerns are the traffic safety and environmental issues. The neighborhood has an intimate feel. There is no guarantee that the multi-family units will not become student housing. Her daughter enjoys riding her bike around the neighborhood, but they may have to reconsid er allowing her to do so. RM021116 Minutes Page 5 Walter Truett, 4322 Rock Bend, said there are no other single-family neighborhoods tied to multi-family development like this. He asked Council to consider why people want to live in south College Station. Is it because it does not have an urban look? Jordan Lehmann, 4298 Rock Bend, said there was no marketing or advertising that this was going to take place. She is also concerned with traffic and safety. Congested entrances will be frustrating to working residents. Joshua Benn, 4000 Rocky Vista, if this ordinance is approved, he urged Council to include the gate that has been mentioned and restrict the height of the units. What is being presented here is not consistent with what was approved in 2010. This is not a PDD b y definition. It is not innovative and does not demonstrate any community benefit to Castle Rock. Misti Chapman, 4262 Hollow Stone, has been a resident since 2009 and was not aware of this development until recently. She addressed inadequate parking which will overflow onto Castle Rock Parkway and resulting in decreased visibility. Ramsey Cripe, 4264 Rocky Rhodes, stated he was in agreement with all that has been said. Casey Middleton, 4114 Rocky Mountain Court, spoke in opposition to the re-zoning. As a mother, she wants to protect her children; as a homeowner, she wants to protect her investment; as a member of the community, she wants to protect the neighborhood integrity. Rachel Wright, 4310 Rock Bend, said she agreed with all that has been said. Shala Coke, 4115 Rocky Mountain Court, noted that the applicant said this is a Class-A development and too far south for students. However, she noted that within two-three miles there are luxury student apartments. Jeff Block, 4113 Deep Stone Court, said the TIA is based on a path of least resistance. Castle Rock Parkway is the path of least resistance. Todd Emerson, 4241 Rocky Rhodes, did not come forward. Belinda Newman, 4290 Rock Bend, said it is disconcerting to hear so many different things about whether there was to be a development or not. If she had known about this, she would not have bought there. She is disappointed that the vision is changing drastically. Marlyn Martinez Jones, 4285 Hollow Stone, provided a copy of the petition to the Council. When they purchased in 2011, they were not made aware of the development. She is deeply concerned about the safety of her neighborhood. She asked for Council to delay this until a solution can be found. Carmen Gomez, 4201 Rocky Creek Trail, did not come forward. RM021116 Minutes Page 6 Richard Atwood, 4225 Little Rock Court, noted that the applicant said he would put in a gate on Castle Rock Parkway. Wallace Phillips, 4492 Castlegate, said he had already spoken as the developer. Cory Corrier, 4100 Rocky Briar, asked that there be no flow through traffic to the development. The community is intimate, small, and safe. With this new development, traffic will increase and place his kids’ lives at risk. Carrie McNicol, 4108 Deep Stone, asked Council to consider alternative safety measures, such as providing gated community access, controlled access for Castle Rock amenities, speed bumps, fencing the park, widen the apartment entrance to make it a more likely route, and provide adequate parking. Jeremy Osborne, 4240 Rock Bend, provided written comments, attached, and spoke. Cheryl Wenck, 8703 Chippendale, said she is in favor of diversity in south College Station and referenced the school district boundaries. Laura Cook, 4270 Rocky Rhodes, said College Station is God’s country. The applicant agreeing to put the gate at the “road to nowhere” means so much to her. Mr. Phillips is a good neighbor who is willing to work with his neighbors. Caleb Coke, 4115 Rocky Mountain Court, said that he and his friends walk to the bus stop every day. This development will increase the traffic and make it dangerous for him and his friends. Veronica Morgan, 3204 Earl Rudder Frwy, representing the adjoining tract to the north. They are concerned this does not affect their tract, and they also would like to see the road alignment changed to honor the old alignment. Joe Schultz, Schultz Engineering, addressed Ms. Morgan’s comments saying they are willing to work with Ms. Morgan and her client regarding the road alignment. He also noted that the person that spoke on the TIA earlier was the same person that reviewed the TIA originally. Wayne Beckermann, Vice President of Municipal Affairs, stated that the presence of students does not degrade neighborhood integrity. He noted that the children talked about tonight will one day grow up and go to a university. There being no further comments, the Public Hearing was closed at 9:05 p.m. The meeting was recessed at 9:05 p.m. The meeting reconvened at 9:15 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Brick, the City Council voted five (5) for and one (1) opposed, with Councilmember Aldrich voting against and Councilmember Schultz abstaining, to deny Ordinance 2016-3746. The motion carried. RM021116 Minutes Page 7 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3747, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Commercial and Natural Areas Reserved to Urban for approximately 11 acres located at 1700 Graham Road, more generally located near the southwest corner of Graham Road and Longmire Drive. Jessica Bullock, Planning and Development, stated the applicant has requested the proposed amendment to Urban from Suburban Commercial and Natural Areas Reserved as a step toward permitting a multi-family development on approximately 11 acres located at the southwest corner of Graham Road and Longmire Drive. The Planning and Zoning Commission considered this item at their January 21 meeting and voted 5-0-1 to recommend approval. Staff is recommending denial. Veronica Morgan, Mitchell & Morgan Engineering, said they want to modify the property from Suburban Commercial to Urban, She provided a concept plan showing access to the property, building layout, and proximity to other properties. The product is geared to non -student housing with one and two bedroom apartments. There will be a privately owned open space available to the public. There will be at least a 15’ buffer yard. College Station lacks this type of housing, and interested renters have to go to Bryan. The applicant is willing to put in the dollars to address wastewater capacity. At approximately 10:24 p.m., Mayor Berry opened the Public Hearing. Yuan Dai, 921 Dove Run Trail, spoke against the project. She referenced the applicant’s assertion that there was a lack she lack housing for young professionals. She noted that the neighboring subdivisions are populated with young professionals and the backbone of the current neighborhoods. Jennifer Allcorn, 931 Emerald Dove, said the Dove Crossing neighborhood will be adversely affected by this development. A petition was circulated and signed by most of the residents of Dove Crossing. The new development will overcrowd and impact the existing schools. Tommy Woodard, 1117 White Dove, Trail, said traffic will increase and crime will also increase. This is a family area; leave it as it is. Philip Pearce, 3718 Bridle Trails Court, said he is opposed to this for the same reasons already stated. This will be detrimental to property values. People made an investment in their homes based on the premise that the zoning would be as it was. Lucille Tolson, 3299 FM 147, said she is one of the owners of the property. She owes $10,000 per acre for a paving lien. She cannot pay the lien without selling the land, but cannot sell the land without the City’s permission. She cannot forever subsidize that lovely open space. There are really nice people that live in apartments. She asked Council to allow the sale of this land. Joshua (Shuhua) Yuan, 921 Dove Run Trail, said he would be happy with a single-family neighborhood there. The P&Z passed this unanimously. He voiced concern about a possible RM021116 Minutes Page 8 conflict of interest with some members on the P&Z. We have a Comprehensive Plan, and it needs to be protected. Sarah Franke, 3702 Bridle Trails, provided written comments, attached, and spoke about the petition circulated throughout the neighborhoods. She supports Suburban Commercial for the property, and the Comp Plan was put into place for a reason. With an urban development, traffic will create a burden. She asked that Council uphold the current zoning and the Comprehensive Plan. Patrick Ray, 3706 Bridle Court, said his primary concerns is the block of neighborhood from Graham to Barron Road. Why would anyone want to degrade that with multi -family housing? The tax burden is too great, ab that is a problem, but not the problem of the neighborhoods. Carlos Obando, 922 Dove Run Trail, did not come forward. Amanda Dotson, 3708 Bridle Trails, said she was in support of the Suburban Commercial zoning. The applicant did not meet with the neighborhood to discuss what was being considered. She is concerned that the neighboring property could be a phase two, and that the PDD could come back for amendments. With all the recently approved multi -housing projects in the area, she is concerned that the City is creating a rental corridor. Charles Gandy, 1737 Briarcrest, said they never opted out of the medical district; they wanted in. When it became Suburban Commercial, they never received any interested buyers. Lance McFaddin, 4950 Woodway, #606, Houston, said he is the developer of the property. A PDD is a contract between the City and the developer, and it cannot be unilaterally changed. However, zoning is driven by market needs and economics. Comp Plans are also subject to being re-done. Yi Hsieh, 1007 Emerald Dove, said he was here to support the neighborhood, which is full of young professionals. The neighborhood is unique with nice schools. 192 units will definitely affect the traffic. He doesn’t see any real benefit to the community. Lily Gallegos, 3710 Bridle Court, stated when she bought her house, she asked her agent if apartments would be built. She was aware of commercial development, but relied on the Comp Plan to believe there would not be apartments. Ashley Booth, 3711 Bridle Trails, said she was drawn to Bridle Gate because they were close to the businesses she frequented. She enjoys walking down the street without traffic concerns. She minds that the population density will increase. If this is approved, there is not much to stop the adjacent areas from developing, Cheryl Wenck, 8703 Chippendale, did not come forward. Arun Manandhar, 1023 Emerald Dove, said there is a planning issue here with no long-term planning by the City. There are plenty of other areas to build apartments. RM021116 Minutes Page 9 Jack Li, 903 Emerald Dove, said they found out about the project a few weeks ago. He referenced the discussion earlier about Castle Rock and noted that Dove Crossing has the same reasons. Shawn Clark, 941 Whitewing Lane, spoke in opposition to the re-zoning. As a young professional, he wanted an area centrally located with local amenities. They are part of the fabric that makes this community great. They relocated here because they didn’t want a Houston lifestyle. Joe Guerra, 2079 Ravenstone Loop, said we need to re-look at the whole Comp Plan and the urban core. He supports the residents and opposes the project. Jeremy Richmond, 2800 South Texas Avenue, Suite 400, Bryan, representing the owners, said there has been a lot of talk about degrading property values. He does not see that happening with the demand for housing and the growth in the area. When he first came to College Station, there was nothing available for young professionals to rent. This product is a step in the right direction. There being no further comments, the Public Hearing was closed at 11:18 p.m. The meeting recessed at 11:18 p.m. The meeting reconvened at 11:26 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Mayor Berry, the City Council voted one (1) for and six (6) opposed, with Mayor Berry and Councilmembers Brick, Aldrich, Mooney, Nichols, and Benham voting against, to adopt Ordinance 2016-3747, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Commercial and Natural Areas Reserved to Urban for approximately 11 acres located at 1700 Graham Road, more generally located near the southwest corner of Graham Road and Longmire Drive. The motion failed. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3748, 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 PDD Planned Development District for approximately 11 acres being situated in the Robert Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas, and being part of the 25.6 acre tract described in the deed from R. B. Tolson to Myrtle L. Tolson (conveying an undivided ½ interest) recorded in Volume 3115, Page 35, of the Official Records of Brazos County, Texas, generally located at 1700 Graham Road, and more generally located near the southwest corner of Graham Road and Longmire Drive. Jessica Bullock, Planning and Development, stated that the applicant is requesting a Planned Development District zoning on approximately 11 acres to build a multi-family development. The PDD uses a base zoning district of Multi-Family. RM021116 Minutes Page 10 The Planning and Zoning Commission considered this item at their January 21 meeting and voted 5-0-1 to recommend approval. Staff recommended denial, and noted this is not in compliance with the Comp Plan. At approximately 11:46 p.m., Mayor Berry opened the Public Hearing. Charles Gandy, 1737 Briarcrest, declined to speak. Lance McFaddin, 4950 Woodway, #600, Houston, declined to speak. Cheryl Wenck, 8703 Chippendale, did not come forward. Jeremy Richmond, 2800 South Texas Avenue, Suite 401, Bryan, declined to speak. There being no further comments, the Public Hearing was closed at 11:46 p.m. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz abstaining, to deny Ordinance 2016-3748. The motion carried. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3749, amending Chapter 12, “Unified Development Ordinance,” Section 12-2.2, “Planning and Zoning Commission,” Subsection B. “Membership and Terms,” Paragraph 1 “Number, Appointment” of the Code of Ordinances of the City of College Station, Texas amending the duties of the Planning and Zoning Commission to include serving as the Capital Improvements Advisory Committee for impact fees and containing other provisions related to the subject matter. This item was taken out of order, following item #1. Alan Gibbs, City Engineer, stated that this agenda item is the consideration of an ordinance amendment to Chapter 12, “Unified Development Ordinance” with a companion amendment to Chapter 15 “Impact Fees” that follows later in the meeting. The amendment provides that the P&Z may be appointed by Council to serve as the Capital Improvements Advisory Committee for the consideration of impact fees. It also provides flexibility to allow the appointment of an additional ad hoc ETJ member as needed when impact fees are considered for the ETJ. This additional membership is required pursuant to state law. Appointment of the P&Z as the Capital Improvements Advisory Committee for roadway and for water/sewer impact fee consideration will be considered at Council's next meeting. On November 12, 2015, Council directed staff to bring forward contracts for engineering firms to perform studies regarding possible implementation of impact fees for water/wastewater, and for transportation. Council approved contacts with Freese & Nichols, Inc. for the water/wastewater impact fee study and with Kimley-Horn for the roadway impact fee study at their January 28th meeting. These studies are anticipated to be completed by August, 2016. At approximately 7:17 p.m., Mayor Berry opened the Public Hearing. RM021116 Minutes Page 11 Buck Prewitt, 2302 Scotney Court, asked Council to consider the stakeholders that will be affected by the impact fees. He asked to present expand the committee to include stakeholders. There being no further comments, the Public Hearing was closed at 7:23 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3749, amending Chapter 12, “Unified Development Ordinance,” Section 12-2.2, “Planning and Zoning Commission,” Subsection B. “Membership and Terms,” Paragraph 1 “Number, Appointment” of the Code of Ordinances of the City of College Station, Texas amending the duties of the Planning and Zoning Commission to include serving as the Capital Improvements Advisory Committee for impact fees and containing other provisions related to the subject matter. The motion carried unanimously. 6. Presentation, possible action, and discussion regarding Ordinance 2016-3760, amending Chapter 15, “Impact Fees,” Section 15-1 "General Provisions," Subsection D. Definitions, Item (1) of the Code of Ordinances of the City of College Station; Amending the Definition of Advisory Committee. This item was taken out of order, following item #5 and before item #2. Alan Gibbs, City Engineer, reported that this is a sister item to item #5, and staff also recommends approval. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3760, amending Chapter 15, “Impact Fees,” Section 15-1 "General Provisions," Subsection D. Definitions, Item (1) of the Code of Ordinances of the City of College Station; Amending the Definition of Advisory Committee. The motion carried unanimously. 7. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 11:47 p.m. on Thursday, February 11, 2016. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary RTRT021516 Minutes Page 1 MINUTES OF THE CITY COUNCIL RETREAT CITY OF COLLEGE STATION FEBRUARY 15. 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Steve Aldrich, arrived after roll call Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Jeff Capps, Assistant City Manager Jeff Kersten, Assistant City Manager Aubrey Nettles, Assistant to the City Manager Carla Robinson, City Attorney Mary Ann Powell, Deputy City Attorney Sherry Mashburn, City Secretary 1. Breakfast 2. Call to Order and Announce a Quorum is Present With a quorum present, the Retreat of the College Station City Council was called to order by Mayor Nancy Berry at 8:25 a.m. on Monday, February 15, 2016 in the Carters Creek Training Room, 2200 North Forest Parkway, College Station, Texas. 3. Introduction and Retreat Process 4. Goals of the Retreat. Items 3 and 4 were taken together. Kelly Templin, City Manager, presented a brief overview of what was hoped to be accomplished. He noted that we do not reference our Comp Plan often RTRT021516 Minutes Page 2 enough. He hopes that this process will allow for a Plan of Work that can be passed on to the next Council. The idea today is to arrive at a consensus on several major issues. The retreat will culminate in a discussion of the budget and how these major projects will be funded. 5. Presentation, possible action and discussion of current and future City Facilities. The 2015 Bond Citizen Advisory Committee Project Prioritization list was distributed.  Construction of a new Police Station was discussed, specifically square footage build-out and site location.  A future City Hall and possible site locations were also discussed. There are location options that we own outright, own over time, or lease space.  Veterans Park and the Southeast Community Park were discussed. It was noted that we need to work toward more baseball fields to take advantage of those types of tournaments.  Fire Station #7 was briefly discussed, related to the O&M and and the future nearby development by CSISD. A possible location west of the railroad tracks in Wellborn was brought up, but it was explained that most of the service area is on the east side.  The Community Center was briefly discussed. In addition to a Senior Center, it was requested that there be adequate meeting space for the broader community as a whole. Space for a catering kitchen was also suggested. 6. Presentation, possible action and discussion of current and future Infrastructure Needs. Dr. Gaines was quoted, “Transportation is key to economic development.”  The CIP CAC developed a project map of proposed transportation improvements costing $120 million. The City has committed to funding $50 million of the $85 million prioritized projects.  Impact fees for water and sewer were discussed.  Chuck Gilman, Deputy City Manager, updated the Council on current projects. 7. Presentation, possible action and discussion of current and future Staffing & Employee Compensation. Mr. Templin noted that additional staffing needs must be addressed to accommodate the growth the City is experiencing. We have to expand every level of the organization to meet the needs. $641,000 is budgeted to handle Phase 1 of the compensation plan. Salaries and benefits comprisev75% of the budget. There was some discussion on outsourcing. 8. Presentation, possible action and discussion of the City’s Economic Development Program. Natalie Ruiz, Director of Economic Development, said that jobs creation is the City’s number one focus, with improving the overall level of property tax second. Retail tax is strong; 41% of our income comes from sales tax. Tourism (HOT funds) is the fourth focus. RTRT021516 Minutes Page 3 Jobs creation was farmed out to the RVP as a more regional effort for both cities and the county. They cannot focus on one city or the other. She asserted that the City needs to be more aggressive for jobs for College Station, perhaps by establishing our own economic development corporation. The City has also become more aggressive with property tax by forcing change in those areas that have not developed over time. The top three things the City needs to do are look at the funding infrastructure for the industrial park, look at underdeveloped/underutilized sites and learn why they are so, and form an EDC. A fundamental question is if an R&D corridor is the way to go. The City needs to fix those broken sites with zoning or infrastructure, determine the funding for an industrial park, form an EDC, and marketing with new marketing material. Strategically, we need to be laser focused on determining our target industries. Another strategy is to partner with TAMU to align incentives for one or two projects. 9. Executive Session In accordance with the Texas Government Code §551.072-Real Estate, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 12:18 p.m. on Monday, February 15, 2016 in order to continue discussing matters pertaining to: A. Deliberation on the purchase, exchange, lease or value of real property; to wit:  Property located generally southeast of the intersection of Texas Avenue and Francis Drive in College Station B. Deliberation on offers of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the city; to wit:  Economic incentives for a proposed development located generally southeast of the intersection of Texas Avenue and Francis Drive in College Station.  Economic incentives for a proposed development located generally southeast of the intersection of Harvey Mitchell Parkway and Wellborn Road.  Economic incentives for a proposed development located generally at the intersection of Texas Avenue and Brothers Boulevard.  Economic incentives for a proposed development located generally at the northeast corner of University Drive and South College Avenue.  Economic incentives for a proposed development located generally northeast corner of University Drive and Tarrow Street.  Economic incentives for a proposed development located generally at the northeast corner of Raymond Stotzer Parkway and SH 47.  Economic incentives for a proposed development located generally at the northeast corner of University Drive and Nagle Street.  Economic incentives for a proposed development located generally at the northeast corner of University Drive and Jane Street.  Economic incentives for a proposed development located generally in the 2500th block of Earl Rudder Freeway. RTRT021516 Minutes Page 4  Economic incentives for a proposed development located generally at the northeast corner of Harvey Road and Earl Rudder Freeway. The Executive Session adjourned at 1:29 p.m. No action was required from Executive Session. 10. Presentation, possible action and discussion of the City’s Budget & Budgeting Process. Mr. Templin noted that everything already discussed today had budgetary implications. He requested direction on how the budget process should work this year. Councilmember Schultz said she hoped the compensation study will assist in avoiding the compensation controversy that occurred last year. Councilmember Aldrich asked for budget alternatives, based on current tax rate, the effective tax rate, and the roll back rate minus a quarter, in order to better address budget priorities that, otherwise, might not be considered. Councilmember Benham said he would like to see a strategy-based budget. It should be based on what we want our city to be and what we really need. 11. Presentation, possible action and discussion of the City Council Goals for 2017 and beyond. Mr. Templin asked for a list of things Council wants to see: FY2016  EDC formed and appointed  VPAC two-field design  Annexation (amending chapter 8 of the comprehensive plan)  Water/wastewater/transportation impact fees  Road design standards  Unrelated and code enforcement update FY2017  Start construction of Public Safety building  Issue design contract for City Hall  VPAC begin construction  Start design work on new city website  Design for Birkdale extension  Consultant for review of Comprehensive Plan  Southeast Park design  AMI implementation  Complete exempt annexations FY2018 and beyond  Complete Public Safety building construction  City Hall begins construction RTRT021516 Minutes Page 5  Fire Station #7  VPAC fields 14&15 completion  Southeast Park construction 12. Adjourn. MOTION: There being no further business, Mayor Berry adjourned the Retreat of the College Station City Council at 3:07 p.m. on Monday, February 15, 2016. ________________________ 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:215-0701 Name:Sponsorship Policy Status:Type:Presentation Consent Agenda File created:In control:11/20/2015 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion regarding a City Sponsorship Policy. Sponsors:David Schmitz Indexes: Code sections: Attachments:Sponsorship Policy - 11.17.15.pdf Support App Form 11.10.15.pdf Support Criteria 11.10.15 .pdf Sponsorship Agreement 11.17.15.pdf NAMING OF CITY FACILITIES AND SUB-FACILITIES APPROVED.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a City Sponsorship Policy. Recommendation(s): Staff recommends approval. Summary: The Sponsorship Policy is a guide for City sponsorship of its public facilities, properties, special events, and tournaments as well as requests for support from the City. It is intended to establish a standardized approach to assessing the compatibility between the City and potential sponsors, and criteria for consideration of support requests. The proposed policy includes guidelines, definitions, criteria, approval hierarchy, restrictions, and procedures. The policy received unanimous support from the Parks and Recreation Advisory Board at their June 9, 2015 meeting. Budget & Financial Summary: None Legal Review: Yes. Attachments: College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:15-0701,Version:2 College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ 1 fca6570d-806c-4fc6-869c-61a5991c30e0.docx CITY OF COLLEGE STATION SPONSORSHIP POLICY ____________(date) I. GENERAL POLICY STATEMENT From time to time the City of College Station (“City”) may seek Sponsorships that further its mission of making City facilities, events, programs or services available to its citizens and the general public. Likewise, others may request the City to consider sponsoring their facilities, events, programs and services. The City may consider these requests to the degree it determines it is beneficial to its citizens and/or the general public, and provided the City has appropriate resources available for such Sponsorship. Sponsorships may be in the form of monetary or in-kind support, and can be flexible to meet the nature of the specific facility, event, program or service. The City strives for Sponsorships that are compatible with its public purpose, and decisions concerning Sponsorship may be based upon this. This includes taking into consideration the nature of the facility, event, program or service, aesthetics, public perception, and other City priorities and issues; avoiding Sponsorships that are political in nature, offensive, inappropriately exclusionary, or that the City otherwise determines to be inconsistent with its purpose and mission. The City may refuse Sponsorships from entities which manufacture products or take positions inconsistent with local, state, or federal law, policies, positions, or resolutions. The City’s acceptance of, or entering into, a Sponsorship arrangement is not an endorsement of the Sponsor's organization, products, or services. Sponsorships provide a means to generate funds for improving or expanding those facilities, programs, events and services serving the City’s citizens and/or the general public. The City currently limits its sponsorship program to nonpublic forums and exercises sole discretion over its Sponsorship decisions, including the circumstances under which it enters into a Sponsorship relationship, the nature of the Sponsorship and all other details. Other policies. Except as set forth below, this policy replaces any prior ones addressing the same subject matter. This policy is in addition to and is intended to complement the following policies. Where possible this policy and the following policies should be read in harmony. If there is a direct conflict, the more specific provision should prevail that is in keeping with the overall public purpose, mission and goals of the City: A. Naming of City Facilities and Sub-Facilities, approved May 14, 2012. B. City Dedication Plaque Policy, approved May 14, 2012. 2 fca6570d-806c-4fc6-869c-61a5991c30e0.docx C. Tables and Banquets Sponsorship Policy, November 19, 2007. 11. PURPOSE This policy is designed to provide guidance for developing and managing Sponsorships of City facilities, events, programs and services, and the criteria under which to consider Sponsorship of the facilities, events programs and services of third parties. This includes setting forth the criteria for considering and entering into Sponsorship relationships, determining benefits to be made available to Sponsors in exchange for Spons orships, such as branding and name recognition on City property or in City-generated communications. It is the intent of the City to preserve its full rights and discretion to restrict access to City assets and facilities, and to City-generated communications, and to reject or refuse placement of any or all Sponsorship messages as it deems appropriate. To the extent that Sponsorships include an entitlement of the Sponsor to have branding, name recognition or other messaging in various locations and in various City communications, the City reserves the right of full editorial control over the placement, content, appearance and wording of such messaging, and may determine and prohibit types of Sponsorship messages which are deemed inappropriate for, or inconsistent with, the business of the City or its public purpose. III. DEFINITION OF TERMS A. “City Asset” or “City Facility” means those structures and interests in real property owned, operated or under the control of the City. B. “Nonpublic forum” is broadly defined as any property that is not by tradition or designation a forum for public communication (such as most government publications and websites). C. “Open, limited, or designated public forum” means either a forum under the control of the City that is traditionally open to the unfettered exchange of ideas, (such as a park or a sidewalk), or a forum under the control of the City that is non- traditionally open but is nevertheless intentionally and affirmatively opened by the City for speech (such as a street-side kiosk for posting pamphlets or a special area designated for making speeches). D. “Sponsor” means the external entity with which a business relationship is created relating to the exchange of goods, services and donations in a Sponsorship with the City. E. “Sponsorship” means a business relationship created between the City and one or more external entities involving the exchange of funds, goods, services, and donations with respect to a facility, event, program or other matters serving or of benefit to the general public as determined by the City. Depending on the nature 3 fca6570d-806c-4fc6-869c-61a5991c30e0.docx of the sponsorship, there may be entitlement to public recognition of support, including name recognition and other matters pursuant to this policy. IV. SPONSORSHIP OF CITY FACILITIES, EVENTS, PROGRAMS, SERVICES Sponsorship of a specific facility, event, program or service should be negotiated and tailored individually in a manner consistent with this policy. Depending on the amount and length of time of a Sponsorship, Sponsorships may require entering into an agreement specifying in more detail the nature of the Sponsorship. Typically, a hierarchy of benefits should accrue to a Sponsor commensurate with the value of the Sponsorship. The following sets forth the types of Sponsorships that will be considered by the City, although variations and other types may be considered when consistent with this policy. A. “Branding Rights” Sponsorship. “Branding Rights” is a type of Sponsorship where an individual, foundation, corporation, nonprofit organization, service club, or other entity has the exclusive right to brand or name a City Asset or City Facility, such as a particular venue, event, program or facility (e.g., athletic field, sports complex, playground, or community facility) for a period of time. Typically this occurs when a significant monetary contribution or other contribution having a significant impact is made by an external entity for a major City Asset or City Facility. In exchange for making such a large contribution, the external entity may be entitled to an exclusive or near-exclusive opportunity to advertise its name and/or its business. Usually branding rights are considered in a commercial context, where the branding right is sold or exchanged for cash and/or other considerations som etimes under a long-term arrangement pursuant to a written agreement. The following guidelines should be met for Branding Rights Sponsorships: 1. The Sponsor supports the image, values and public purpose objectives of the City. 2. The Sponsor understands and agrees the City does not relinquish to the proposed Sponsor any aspect of the right to manage and control City Assets or City Facilities. 3. Acknowledgements of the contribution made by Sponsor, whether through signage, utilization of electronic mediums or other publicity and advertising mediums conforms to applicable City policies, ordinances and plans. 4. The appropriate authority from the City has approved the Sponsorship in accordance with this policy. 5. The name of the facility, event, program or service being Sponsored is preserved so as to preserve the identifiability of such facility, event, program or service. 6. The name of the facility, event, program or service takes into account the 4 fca6570d-806c-4fc6-869c-61a5991c30e0.docx historical and community significance of the City Facility or City Asset. 7. The Sponsor recognizes and understands that it shall have ongoing responsibilities to adhere to the standards set forth herein, and any agreement entered into may require this or call for termination for failure to comply. 8. City costs incurred in branding an event as a result of a Branding Rights Sponsorship should come from funding designated for such City Facility or City Asset. B. “Events, Programs and Services” Sponsorship. 1. Title Sponsor This is a type of Sponsorship where an individual, foundation, corporation, nonprofit organization, service club, or other entity has exclusive recognition as the title Sponsor of an event, program or service. The following guidelines shall be applied for title Sponsorships of City events, programs and services: a. Recognition of the title Sponsor may be on any City-owned, initiated or controlled medium including video, print and electronic marketing and advertising materials acknowledging the title Sponsor of the event, program or service. b. Title Sponsor signage/displays as approved by the City may be at the event, program or service location for a period approximating the length of the event, program or service. c. Sponsor and City may agree to product exclusivity for the event, program or service. d. Other benefits as negotiated consistent with this policy. 2. Cash Sponsor This is a type of Sponsorship where an individual, foundation, corporation, nonprofit organization, service club, or other entity provides cash to support a City event, program or service. Depending on the amount of cash provided by Sponsor, a cash Sponsor may also be a title Sponsor. The following guidelines shall be applied when entering into a cash Sponsorship for City events, programs and services: a. Recognition as negotiated for City video, print or online marketing and advertising materials as a Sponsor of the event, program or service. b. Sponsor signage/displays at the event, program or service location for a period not to exceed the length of the event. c. For recognition on negotiated commemorative items such as park 5 fca6570d-806c-4fc6-869c-61a5991c30e0.docx benches or engraved bricks, Sponsorship is limited to an individual, corporate or partnership name(s), a memorial dedication and date(s), as appropriate, and may be subject to other line or character limitations. d. Other benefits as negotiated. 3. In-Kind Sponsor This is a type of Sponsorship in which an individual, foundation, corporation, nonprofit organization, service club or other entity provides a good or service in exchange for Sponsorship recognition at a City event, program or service. Typically there is no monetary exchange with this type of Sponsorship. The following guidelines shall be applied when entering into an in-kind Sponsorship for City events, programs and services: a. Recognition as negotiated in City video, print or online marketing and advertising materials as a Sponsor of the event, program or service. b. Sponsor signage/displays at the event, program or service location for a period not to exceed the length of the event. c. Other benefits as negotiated. 4. Gifts Restricted and un-restricted gifts of cash or items of value may be processed under this policy as Sponsorships. In such instances, offer and receipt of gifts will follow all of the same guidelines and procedures set forth in this policy. C. Approval Required. Sponsorships must be approved by the City and should occur as set forth below. 1. Except as required by law or expressly established by an affirmative action of the City Council, no property or publication of the City shall be intended or considered as an open, limited, or designated public forum. 2. City Control. To ensure the proper expenditure of City funds and resources, the City maintains control and use over its Sponsorships. Specifically, no person has a right to access or use any City property or publication for any purpose other than the intended and authorized governmental purpose or service, and as may be set forth in a Sponsorship agreement. Placement of Sponsorship messages upon City property or in City publications requires prior City authorization. 3. Level of approval. The level of Sponsorship involved determines how it is 6 fca6570d-806c-4fc6-869c-61a5991c30e0.docx approved as set forth below: a. The City Council approves i. Sponsorships that exceed $50,000 in value including Branding Rights exceeding $50,000 in value; ii. Agreements that exceed three (3) years in length of term; or iii. Any other Sponsorship for which the City determines City Council approval is required or appropriate. b. The City Manager or his designee approves i. Sponsorships valued up to and including $50,000; or ii. Where City Council approval is not otherwise required. c. The Department Director approves Sponsorships i. Valued less than $25,000; or ii. Where neither City Council approval nor City Manager approval is not otherwise required. 4. Form of Approval. Approval may be provided in the form of an approved, signed application for simple Sponsorships or Sponsorships of lesser value, and by formal agreement authorized by the appropriate City official or staff for other Sponsorships in the manner set forth herein. Approval of Sponsorships should generally address the following: a. Identification of the City facility, event, program or service; b. The exact nature and/or value of the Sponsorship; c. Activities, products, and services of the sponsoring private entity, its parent, subsidiaries, affiliates and predecessor companies; d. Details regarding recognition of the Sponsorship, including type, duration and other relevant matters; e. The type and nature of control over the Sponsorship to ensure proper expenditure of public funds and resources, maintenance of the overall public purpose of the facility, event, program or service; and f. The conditions under which the Sponsorship may be terminated. D. Criteria for Approval of Sponsorships. 1. Generally. The nature and type of need of the City for Sponsorship of the City facility, event, program or service should be considered as well as the type of support and recognition available. 2. Factors. The City recognizes that while entering into a Sponsorship with an external entity does not constitute an endorsement of the entity or its services and products, it does imply an affiliation of some proportion. Such affiliation may affect the reputation of the City among its residents 7 fca6570d-806c-4fc6-869c-61a5991c30e0.docx and affect its ability to govern effectively. Therefore, any proposal for Sponsorship should complement, be consistent with or not be conflictive with the City’s goals, mission and purposes. This involves considering the following: a. Is the City’s mission, values, policies and ordinances consistent with the proposed Sponsor’s mission, products, services and marketing goals? b. Does the Sponsorship enhance City facilities, programs, events, and services? c. Are the proposed tangible and intangible benefits balanced for both the Sponsor and the City? d. Is the level and type of recognition commensurate or otherwise reasonable considering the level and type of benefit received by the City? e. Are the conditions of the recognition of the Sponsorship consistent with the standards, aesthetic values, and visual integrity of the City and the expectations of users of the facility, event, program or service? f. Does the Sponsorship create a conflict of interest for the City? g. Does the Sponsorship in any way invoke future consideration, influence, or perceive to influence City operations? h. Is the Sponsorship appropriate to the target audience? i. Will the results of the Sponsorship relationship deliver a positive and desirable image for the City? j. What is the proposed Sponsor’s record or intent of environmental stewardship and/or social responsibility, and how relevant is this to the proposed Sponsorship? k. What is the rationale for the proposed Sponsor’s interest in Sponsoring? l. What are the expectations, ability, timeliness, and readiness of the proposed Sponsor to enter into a Sponsorship arrangement with the City? m. How important is the level or type of Sponsorship to the mission of City? n. What is the level of support needed from the City or others to implement the Sponsorship arrangement? o. Are there any other factors that might affect the overall appropriateness of the proposed Sponsorship? 3. Case by Case Basis. The City will consider proposed Sponsorship relationships on an individual, case-by-case basis, taking into consideration the factors set out in this section. 4. Unconditional and non-exclusive. The Sponsorship cannot be made conditional on the City’s performance. Sponsorships may not be exclusive; a Sponsorship shall not limit the City’s ability to seek other Sponsors as 8 fca6570d-806c-4fc6-869c-61a5991c30e0.docx the City determines appropriate. E. Types of Recognition for Sponsorship. In return for Sponsorship, recognition of a Sponsor may be given by the City through City’s use of various mediums, including newspaper, City website, video, radio and signage regarding Sponsor’s role in the City’s facility, event, program or service. Recognition of Sponsorships should generally conform to the following: 1. Sponsorships on City of College Station Parks and Recreation property are maintained as a nonpublic forum. 2. The City preserves its rights and discretion to exercise full editorial control over the placement, content, appearance, and wording of all Sponsorship recognition in all mediums. 3. The City may make distinctions on the appropriateness of Sponsorship on the basis of the nature and level of Sponsorship. 4. Determination of form of Recognition. The City Manager or his designee shall have the ultimate authority to determine what a permissible form of recognition of a Sponsorship is. 5. Acceptable Forms of Recognition. Typically, Sponsorship recognition messages should identify the Sponsor but contain little to no other additional information. Ordinarily, only the following content is appropriate: a. The legally recognized name of the Sponsoring organization; b. The Sponsor's organizational slogan if it merely identifies rather than promotes its products or services; c. The Sponsor's product or service line, described in brief, generic, objective terms. Generally, only one product or service line may be identified; d. Brief contact information for the Sponsor's organization, such as a phone number, address, or Internet website. Contact information should be stated in a manner that avoids an implication of urging the reader or listener to action. e. The words “a paid sponsorship,” or some like term, may be added to Sponsorship recognitions when, in the sole opinion of the City, the recognition might be confused with editorial matter or other content. 6. Unacceptable Forms of Recognition. The following types of recognition for Sponsorship may be prohibited by the City as incompatible with the City facility, event, program or service; the City’s governmental purpose; contrary to community standards; or otherwise determined to be inappropriate, all in the sole discretion of the City: a. Promotion of the sale or consumption of alcoholic or cereal malt beverages in name, likeness or implication, or promotion of establishments that are licensed for and primarily sell alcoholic or cereal malt beverages, including bars; provided, however, 9 fca6570d-806c-4fc6-869c-61a5991c30e0.docx restaurants or other food service establishments and hotels or other places of lodging may be authorized when the commercial message or advertisement promotes only the food service or lodging; b. Promotion of the sale or consumption of tobacco products or depiction of the use of tobacco products; c. Commentary, advocacy or promotion of issues, candidates, campaigns or organizations of a social, political, religious, or rhetorical nature; d. Promotion of gambling, para-mutual betting, or games of chance, in name, likeness or implication, or promotion of establishments providing such services or activities of a related or similar nature; e. Depiction in any form of nudity or semi-nudity, profanity, obscenity, or lewdness, or characterizations which suggest, depict or promote any such element or sexually oriented products, activities or materials; f. Promotion in any form of illegal drugs, illegal drug use or illegal drug materials, or characterizations which suggest or depict the promotion or glorification of any such products, activities or materials; g. Promotion of the use or sale of firearms, explosives or other weapons, or the depiction, suggestion or glorification of violence or acts of a violent nature; h. Use of language or descriptive material which taken in form and context is deemed to be unsuitable for and contrary to community standards of appropriateness for governmental or family publications; i. Use of words, language, representations or descriptive material of any kind having more than one meaning or connotation, one of which would otherwise be prohibited under this policy; j. Inclusion of materials, depictions, promotions or offerings which are the type prohibited by, or by their nature would violate, any postal restrictions or regulations of any federal, state, or local law, rule, or regulation; k. Direct promotions or endorsements of the organization, its products or services; l. Statements that advocate, contain price information such as an indication of associated savings or value, request a response, or contain comparative or qualitative descriptions of products, services or organizations; m. Recognition of any kind with respect to a City facility, event, program, service without the express authorization of the City, including use of City’s name, marks, logo or other indicia suggesting affiliation with the City or City’s facility, event, program or service. 10 fca6570d-806c-4fc6-869c-61a5991c30e0.docx F. Responsibilities of Sponsor. Sponsors shall be responsible for the following: 1. Procuring all necessary permissions to use photographs, trademarks, trade names, copyrighted material or any other legally protected property it provides to the City; and accurately representing the adequacy of required authorizations to use same and shall provide proof of such authorization upon request of the City. 2. Assumption of responsibility for all content of Sponsor recognition including text, photographs, representations, illustrations, sketches, maps, labels, trademarks or other copyrighted matter unless expressly agreed upon otherwise. 3. Indemnifying, holding harmless, and defending the City, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with Sponsor’s Sponsorship, including that the Sponsorship recognition infringes on any copyright, violates any right of privacy, or other personal or property right, constitutes libelous matter, plagiarism, unfair competition, unfair trade practice, infringement of trademarks, or other matter contrary to law or contains any formula or instructions injurious to the user of a Sponsor's product. 4. Holding the City harmless for delays in publication or presentation of Sponsorship recognition in any event or for any reason, including acts of God, acts by any governmental or quasigovernmental entity, lack of funding, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of the City affecting publication or presentation of recognition of Sponsorship in any manner. 5. Agreeing that if an error or omission should occur in the publication or placement of any Sponsorship recognition, the City's liability is limited to the amount of the reduction in the value of the Sponsorship due to the error or omission, and in no event shall liability exceed the total value of the Sponsorship, such as the cost payable for the Sponsorship space. G. Responsibilities of City. The City shall be responsible for the following: 11 fca6570d-806c-4fc6-869c-61a5991c30e0.docx 1. Use of Funds a. All funds derived from Sponsorships shall be recorded, accounted for and used for the applicable City facility, program, event or service, and in accordance with applicable policies and procedures adopted by the City Finance Director for the budgeting and expenditure of funds. b. All revenues received from Branding Rights will be deposited into the appropriate City fund. The City Council, as part of the City’s annual budget process, may determine how funds collected for Branding Rights will be allocated. c. The City shall track all Sponsorships, including amount, type, duration and other relevant information and as may be reasonably requested by the City’s Finance Director. d. The City may issue a written acknowledgement of each Sponsorship. e. In light of the need for more government transparency, no Sponsor or donation may remain truly “anonymous” but only “unrecognized.” That is, the City cannot guarantee anonymity of any gift or donation, but a Sponsor may choose to not be publicly recognized. 2. Conduct City Business. Nothing in this policy shall be interpreted to prohibit the conduct of special events by the City and its use and recognition of Sponsors, products, sales or prizes. Nothing herein prevents the City from engaging in any activity it determines necessary and or appropriate. 3. Implementation. This policy shall become effective upon adoption by the City Manager and shall thereafter apply to the acceptance and placement of Sponsorship messages as provided in this policy; provided, however, that Sponsorship messages which were made prior to the adoption of this policy shall not be considered in violation thereof, and to the extent possible shall be construed and completed, if necessary, in the manner most consistent with this policy. H. Sponsorship Payment. Sponsorships may vary in length, type and amount. This can be attributed to the nature of the facility, event, program or services being Sponsored and the type of Sponsorship involved. Generally the City should ensure that the benefit of sponsoring is maximized to be of most benefit to its citizens while balancing the nature of the benefit to be received from a Sponsor. While Sponsorships may need to be reviewed individually, the following general guidelines should apply: 1. Long-Term Sponsorships (>1 Year). For long-term Sponsorships 12 fca6570d-806c-4fc6-869c-61a5991c30e0.docx exceeding one year in length: a. The City requires a 50% deposit of the first annual payment. This deposit should be submitted with the signed Sponsorship agreement where applicable. b. The remaining 50% for year one payment should be paid within thirty (30) days of execution of the Sponsorship agreement. C. For each year there after, 100% of the annual payment should be received on the anniversary date of the Sponsorship agreement. 2. Short-Term Agreements (<1 Year). For short-term Sponsorships of one year or less the City typically requires full payment upon the approval of the Sponsorship. I. Termination of Sponsorships. The City of College Station reserves the right to accept or reject any proposed Sponsorship. While every intention is to accept and fulfill all Sponsorship requests the City reserves the right to terminate a Sponsorship at any time if, in the City’s sole discretion, continuation of the Sponsorship is determined not to be in the best interests of the City. 1. If the City elects to terminate a Sponsorship, any funds, unused materials or services, or other compensation received by the City prior to such termination will be refunded to the Sponsor, unless such termination is due to a material breach of a Sponsorship agreement by the Sponsor, in which case the City may retain all or a part of the compensation if the City determines that such is necessary to compensate the City for any losses incurred by the City due to such material breach. 2. The Sponsor reserves the right to withdraw a Sponsorship proposal at any time during the approval process. 3. The Sponsor may rescind a Sponsorship arrangement within thirty (30) days of entering into one. However, no refund will be given on any funds received by the City prior to receipt of the notification of withdrawal. V. REQUESTS FOR CITY SPONSORSHIP BY OTHERS A. Policy. The continued long-term growth of City has brought about an increased demand for the use of City facilities, event, programs and services in the community. Since the City has limited resources, the City may from time to time determine it desirable and appropriate to grant requests for City Sponsorship of the facilities, events, programs and services of others. This section of the policy sets forth guidelines for requests from those outside the organization of the City. 13 fca6570d-806c-4fc6-869c-61a5991c30e0.docx This policy should be used to determine the basis for approval and/or denial of requests for support by outside entities and the extent to which support should be granted. The City maintains absolute authority over the use of its funds and resources. Nothing in this policy obligates the City to expend City funds and/or resources whenever it determines a public purpose is not being served and anytime it determines it is in the best interest of the City to no longer be a Sponsor. The City retains its ability to cease or alter a Sponsorship relationship anytime it deems appropriate. B. Process. 1. Requests. All requests for support should be reviewed by the appropriate Department Director and any other personnel or consultant determined relevant by such Director. 2. Form of Requests to be written. All groups requesting support from the City should be made in writing. Typically this will be done by filling out an application form. 3. Approval. Approvals should be in writing and depending on the amount and nature of the Sponsorship, a formal agreement may be entered into. The level of approval required is the same as for Sponsorship of City facilities, programs, services and events as set forth in Section IV.C.3/Level of approval above. C. Criteria for Sponsorship by City. There are many factors to consider in determining whether or not it is appropriate for the City to support an outside facility, event, program or service. 1. Below are criteria that should always be considered: a. Whether the City has adequate funds and resources to consider Sponsorship. This may include considering outstanding commitments, the nature of the proposed Sponsorship and other relevant factors as determined by the City. b. Generally, for the City to Sponsor a facility, event, program or service provided by a third party, the City should determine whether such third party has a purpose that is congruent with or complimentary to the governmental purpose of the City, including the City’s public purpose, goals, mission and organizational philosophies. c. The degree to which the outside organization operates locally or has a local impact. d. The non-profit status of the outside organization, including whether it has provided proof that it is a non-profit 501(c)(3) organization or is recognized by the State of Texas as a non-profit organization. 14 fca6570d-806c-4fc6-869c-61a5991c30e0.docx e. Whether the event is of general interest or relevance to City residents and the general public. f. Whether a minimum of 40% of funds raised directly benefit the City. 2. Below are additional criteria that may be considered: a. Applicant has completed and complied with the application process. b. Applicant demonstrates a need for City support. c. Whether there is a history of City support relating to the request. d. Whether the facility, event, program or service is reasonably not likely to cause injury to persons or property, create a disturbance, cause disorderly conduct, encourage or result in a violation of the law or to interfere with vehicular traffic in the area. e. Whether the facility, event, program or service generates adequate positive media exposure for the City as determined by the City. f. Whether a conflict exists with the request and other approved or previously scheduled matters. g. Whether the City has the ability to meet the request, including whether it has facilities adequate and compatible to host a special event from an outside organization considering such things as parking, restrooms, refuse collection, sanitation and lighting. h. Whether the result of City Sponsorship will cause a strain on City resources, including funding, facilities and personnel. i. Whether the request will unreasonably interrupt the provision of City facilities, events, programs and services, including whether an event will affect the ability of a City park to remain open to users. j. Whether due to weather, infrastructure requirements, repairs to City property and utilities, participant behavior, and other considerations involving the safety and general welfare for persons, property and good public order, the City Sponsorship will require additional conditions, dates, locations or time limitations. 3. Guidelines for Athletic Events or Tournament Services involving HOT funds. The City processes numerous requests for Sponsorships of athletic events or tournament services which require frequent review and coordination with others and that are unique to this form of Sponsorship. Because of this the City has developed specific guidelines for this. The current set of guidelines is attached hereto as Exhibit “A.” These guidelines may be reviewed periodically with changes approved in writing by the City Manager. VI. MISCELLANEOUS A. Variance. All Sponsorships should comply with the guidelines established by this policy. 15 fca6570d-806c-4fc6-869c-61a5991c30e0.docx The City Manager in his discretion may grant variances when he determines it is in keeping with the overall purpose and intent of this policy or when he determines such variance best serves the purposes and needs of the City and the general public unless City Council approval is required because of the value of the Sponsorship, in which case City Council may consider granting a variance using the same criteria. B. Appeal. Disapproval of Sponsorships at the City Director level may be appealed within 30 days to the City Manager for reconsideration and whose decision shall be final. Disapproval of Sponsorships by the City Manager may be appealed to the City Council within 30 days for reconsideration and the decision by City Council shall be final. C. Verification. Sponsors may be asked to verify in writing that they have read, understood and agree to abide by this policy. Approved: _______________________________________________________ City Manager Date _______________________________________________________ Assistant City Manager/CFO Date _______________________________________________________ City Attorney Date 16 fca6570d-806c-4fc6-869c-61a5991c30e0.docx EXHIBIT “A” SPONSORSHIP OF ATHLETIC EVENTS AND TOURNAMENTS The City receives numerous requests for Sponsorship of athletic events and tournaments that are eligible for City Sponsorship using Hotel Occupancy Tax (“HOT”) funds. When HOT funds may be expended on such athletic or tournament events, the following guidelines may be followed: a. Division III Qualifications 0-39 Teams / 500 participants or less / 0-250 Rooms Nights Complimentary Services: i. Meeting planning assistance ii. Visitor Guides & tear Sheet Maps for each Team iii. Ditty bags for each delegate iv. Room Block Assistance v. Facility Operations assistance b. Division II Qualifications 40-90 Teams / 501 participants – 1,250 Participants / 251-500 Rooms Nights Complimentary Services: i. Meeting Planning Assistance ii. Visitor Guides & Maps for each Team iii. Ditty bags for each delegate iv. Room Block Assistance v. Giveaway item for Event Staff vi. Registration assistance vii. HOT Grant application information viii. Facility Operations assistance ix. Volunteer Recruitment / Management assistance x. Rental of City operated facilities discounted up to 25% xi. Additional services as requested, pre-arranged and mutually agreed upon c. Division I Qualifications 91+ Teams / 1,251+ Participants / 501+ Rooms Nights Complimentary Services: i. Meeting Planning Assistance ii. Visitor Guides & tear Sheet Maps for each Team iii. Ditty bags for each delegate iv. Room Block Assistance v. Give away item for Event Staff 17 fca6570d-806c-4fc6-869c-61a5991c30e0.docx vi. Registration assistance vii. Arrange for Welcome from local officials viii. Welcome Signs in Hotels, Restaurants and Local Business ix. Press Release & Blog entries x. Marketing to local citizens on Radio, TV, etc. to help with spectators attendance xi. One email out to Participants xii. Facility Operations assistance xiii. HOT Grant application information xiv. Volunteer Recruitment & Volunteer Management assistance xv. Rental of City operated facilities discounted up to 50% xvi. Event Medical and Security Assistance xvii. Additional services as requested, pre-arranged and mutually agreed upon. City of College Station Parks and Recreation Department Activities, Programs, Facility Rental, Special Events, and Tournament City Support Application “In-Kind” requests for City of College Station Parks and Recreation Department Support/Sponsorship (staff, materials, waiver of fees, etc.) must be approved by the College Station Parks and Recreation Department. Persons must submit a College Station Parks and Recreation Department Activities, Programs, Facility Rental, Special Events, and Tournament City Support Application to request specific support for any In-Kind donation of space, labor or materials at least 60 calendar days prior to the event. All Applications will be evaluated and any In-Kind support will be awarded before the event. Applications may be obtained at the Administrative Office at Stephen C. Beachy Central Park or on the College Station website at cstx.gov. For more information, call 979-764-3486. In addition to the Support Application (regardless of whether support is available or not), a Special Event Permit, if applicable, must be obtained from the City’s Planning and Development Services Department. A rental application, which can be obtained from the College Station Parks and Recreation Department, is also required along with the applicant’s insurance certificate as laid out in the rental agreement. The College Station Parks and Recreation Department shall provide a complete review of all support request applications, including consultation with the applicants as may be reasonably necessary to resolve questions, at no charge to applicants. Applicants requesting support for events (which are extensive in nature) must provide a site plan of the event. Applicants whose events involve an entry fee, ticket, gate fee or any other exchange of funds by participants, spectators or sponsors are required to submit, with their application, a profit and loss estimate statement for the event. The College Station Parks and Recreation Department shall approve or deny the request and establish the level of College Station Parks and Recreation Department support and level of reimbursement required from the applicant for the program or event. Events may be disapproved or cancelled at the sole discretion of the City due to weather, infrastructure requirements, repairs to park property and utilities, participant behavior, and other considerations of safety for persons, property and good public order. For the same reasons, City support may require additional conditions, dates, location or time limitations. Sponsorship/Support If support for an event is approved the College Station Parks and Recreation Department reserves the right to be listed as a sponsor of the event at the level of sponsorship determined by the value of the in- kind support as compared to other sponsors of the activity or event. The College Station Parks and Recreation Department logo is to be included on all printed materials and all visual advertising if required by the Department. The College Station Parks and Recreation Department logo will be provided by our Marketing Coordinator in the appropriate format. If your event intends to sell alcoholic beverages, contact the College Station Special Events Supervisor at 979-764-3486 or 979-764-3408 as early as possible. City of College Station Parks and Recreation Department Activities, Programs, Facility Rental, Special Events, and Tournament City Support Application Event Information Event Name: Event Date(s) and Hours: Event Location: List all activities associated with this program or event (include an event logistics plan and a clean-up plan; attach additional sheets as necessary): Type of Event (check one): __ City Operated/Sponsored Event __ City Co-sponsored Event __ Non-Profit Event __ For Profit Event __ Private Event __ Other: _________ Event Purpose/Mission: Estimated Attendance: Estimated set up time and date: Sponsoring Organization Information Legal Business Name: Tax ID Number: Mailing Address: Contact Name: Title: Telephone Number: Email Address: Contact Person on the Day of the Event/Program: _ Phone Number(s): List of all Sponsors Associated with this Event: Support Information Exactly what type of support are you requesting? (Explain in detail below: labor, facilities, equipment, supplies, waiver of facility reservation fees,) Attach additional sheets as necessary. What type of advertising will be used to promote this program/event? Where has this program/event been held in the past? Year: Location: Year: Location: By signature below applicant acknowledges having read, understood and agreeing to abide by the City of College Station Sponsorship Policy, dated ______________. Applicant Signature: ____________________________________________ Date: PARKS AND RECREATION DEPARTMENT SUPPORT POLICY CRITERIA WORKSHEET ACTIVITIES, PROGRAMS, FACILITY RENTALS, SPECIAL EVENTS, AND TOURNAMENTS There may be other factors taken into consideration in determining whether or not an event is appropriate for any City of College Station support. Due to weather, infrastructure requirements, repairs to park property and utilities, participant behavior, and other considerations of safety for persons, property and good public order, Parks and Recreation Department support may require additional conditions, dates, locations or time limitations. Items considered in the review process include, but are not limited to the follow criteria: Name of Event: Date(s) of Event: Yes No REQUIRED CRITERIA Does the City have adequate funds and resources to consider sponsorship/support? Is the event in line with the mission statements, goals and the organizational philosophies of the City of College Station and the College Station Parks and Recreation Department? Does the applicant operate locally or have a local impact? Has the sponsored organization provided proof that it is a non-profit 501(c)(3) organization or is recognized by the State of Texas as a non-profit organization? Is the event of general interest or relevance to City residents and the general public? Do a Minimum of 40% of the Funds raised directly benefit the College Station Community? Yes No OTHER CRITERIA TO CONSIDER Has the applicant completed and complied with the application process? Has the applicant demonstrated a need for City support? Is there a history of City support for the special event or similar events? Is the event reasonably NOT likely to cause injury to persons or property, create a disturbance, cause disorderly conduct, encourage or result in a violation of the law or to interfere with vehicular traffic in the area? Will the event generate positive media exposure for the community as determined by the City? Does NO conflict exist with the requested event and other approved or previously scheduled events? Are the requested support facilities adequate and compatible for the special event with the support including, but not limited to, parking, restrooms, refuse collection, sanitation and lighting? Will the event NOT cause a strain on City resources, including funding, facilities and personnel? Will the event NOT unreasonably interrupt the provision of City facilities, events, programs and services, including whether the event will affect the ability of a City park to remain open to users? Will the City sponsorship/support require additional conditions, dates, locations, or time limitations, due to weather, infrastructure requirements, repairs to City property and utilities, participant behavior, and other considerations involving the safety and general welfare for persons, property and good public order? In all cases, preference for approving support shall be given in the following order: a. City sponsored events b. City co-sponsored events c. Community non-profit events d. Non-community, non-profit events e. For-profit events. Comments concerning support for the event: (attach additional sheets if necessary) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Approved: (requires one signature minimum from each area) _______________________________________________________ 1) Manager - Tourism, Parks, or Recreation OR Date Recreation Supervisor – Special Events _______________________________________________________ 2) Parks and Recreation Assistant Director OR Date Parks and Recreation Director CITY OF COILEGE STATION Home of Texas A&M University" (For City events, programs or services) SPONSORSHIP AGREEMENT By and between THE CITY OF COLLEGE STATION, TEXAS And __________________________________ Whereas, the City of College Station, Texas (“City”) has adopted the “City of College Station Sponsorships and Support Requests Policies and Procedures” policy (“Policy”) setting forth guidelines for the sponsorship of City events, programs and services; and Whereas, City will or is currently conducting a City event, program or service; and Whereas, ________________ (“Sponsor”) desires to sponsor such event, program or service in the manner set forth herein; now therefore For and in consideration of the terms and conditions set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Event/program/service. The event, program or service which is the subject of this Agreement is as follows: ______________________________________________(desc. & date(s)) 2. Sponsorship. Sponsor agrees to sponsor the above-described event, program or service by being a(n) (check which apply) a. ____ Title Sponsor b. ____ Cash Sponsor in the amount of ___________. c. ____ In-kind Sponsor through provision of the following service(s) or good(s): i. _______________________ ii ________________________ iii ________________________ 3. Recognition. In recognition of Sponsor’s sponsorship set forth in this Agreement, City agrees to provide the following recognition: a. As set forth in the Policy for the type of Sponsor listed in Section 2 above. b. Additional remarks or benefits as follows: CITY OF COILEGE STATION Home of Texas A&M University" ___________________________________________________________ _____________________________. 4. Compliance. Sponsor represents having read and understood the Policy, and agrees to abide by its terms unless expressly provided for otherwise in this Agreement. Sponsor agrees to adhere to all applicable rules and regulations, including safety rules. 5. Additional documents. The Policy is made a part of this Agreement and is incorporated by reference, and the terms used therein have the same meaning when used in this Agreement. Sponsor’s application or other documentation, if any, shall be attached and made a part of this Agreement. In the event of a conflict, the provisions and information provided by City shall prevail over information provided by Sponsor; and the information dated later in time by the City shall prevail over earlier information provided by the City. 6. Indemnification. Sponsor agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with Sponsor’s Sponsorship, including that the Sponsorship recognition infringes on any copyright, violates any right of privacy, or other personal or property right, constitutes libelous matter, plagiarism, unfair competition, unfair trade practice, infringement of trademarks, or other matter contrary to law or contains any formula or instructions injurious to the user of a Sponsor's product. 7. Miscellaneous. The laws of the State of Texas govern this Agreement and venue shall be in Brazos County, Texas. Waiver of one provision or on one occasion with respect to this Agreement does not constitute waiver of other provisions or on other occasions. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. This Agreement may be amended only in writing by the parties hereto. This Agreement may not be assigned by a party without the written approval of the other. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. This Agreement goes into effect upon the full execution hereof. Sponsor: City: By: _______________________ By: _______________________ Name: _____________________ Name: ____________________ Title: ______________________ Title: _____________________ Date: ______________________ Date: _____________________ Approved by Council May 24, 2012 CITY OF COLLEGE STATION NAMING OF CITY FACILITIES AND SUB-FACILITIES Approved May 24, 2012 PURPOSE To establish uniform procedures and criteria for the naming of City -owned facilities and sub-facilities located in the City of College Station. DEFINITIONS Facility: Major City-owned buildings, parks and trails built for permanent use. Sub-Facility: Minor City-owned structures within a Major Facility, including but not limited to: swimming pools, pavilions, tennis courts, large water features, t rail sections or meeting rooms. POLICY The City Council shall have the authority to name City-owned facilities and sub-facilities according to the procedures and criteria established below. General Naming Criteria and Guidelines. In order to be considered a qualifying name, the proposed name for a facility or sub -facility must satisfy one of the following criteria: A. Be descriptive of a geographic location or a significant natural feature in or near the facility, or an adjoining subdivision, street, or school. B. Commemorate historical events, groups or individuals that remain of continued importance to the City, region, State, and/or Nation. C. Commemorate individuals who are deceased and have a history of exceptional community service or contributions to the facility’s best interests and purposes, such as: a. Involvement in a leadership role in civic organizations that are devoted to community improvement; b. Assistance to the underprivileged, as well as people with physical or intellectual disabilities; c. Active promotion of effective programs for youth or senior citizens within the community; d. Active promotion of and organizing community events and activities that have enriched the quality of life within the community; e. Active promotion of and directed efforts to impro ve the aesthetic appearance and environmental quality of the community; or Approved by Council May 24, 2012 f. Leading efforts to collect, promote and retain the historical heritage of the community. D. Commemorate individuals who made significant contributions to the City’s acquisition or development of the facility. a. If a facility is named to commemorate or honor an individual or group, the relative importance of the facility to be named after the individual or group should match the respective stature, characteristics and contributions. The following circumstances may be considered in naming of a facility after a donor, benefactor or group: i. Land for the majority of the facility was deeded to the City; ii. Contribution of a minimum of 50% of the capital construction costs associated with developing the facility; or iii. Provision of an endowment for at least 50% of a facility’s estimated useful life for the continued maintenance and/or programming of the facility. b. The City Council may alter these guidelines if deemed necessary. c. The City reserves the right to utilize criminal background checks as part of the vetting process in order to ascertain an honoree’s good character. E. Recognize organizations involved in a public-private partnership with the City that have made significant financial or capital contributions to the acquisition or development of the facility. This includes any Naming Rights Agreement approved by City Council. F. Have historical, cultural, or social significance for future generations. G. Research indicates that the area around the facility, or the facility itself, has been commonly named in an unofficial capacity by residents. Restrictions on the Naming of Public Facilities and Sub-Facilities. A. No duplication of other facility’s or sub -facility’s names To minimize confusion, facilities will not be subdivided beyond the level of sub-facilities for the purpose of naming unless there are readily identifiable physical divisions such as roads or waterways. B. Facility names that might be considered discriminatory or derogatory will not be considered. C. Facility names will not advocate for or promote a current political figure, political affiliation, ideology or religion. Approved by Council May 24, 2012 PROCEDURE Guidelines for Naming Process Naming of Major Facilities A. A permanent name for the facility should be finalized no later than the 50% completion mark in the construction or acquisition process. a. Prior to the permanent naming of a facility, the location shall be referred to by its address or location designation until the facility is given an official name. B. The City will utilize a Council Facilities Task Force to facilitate the naming of facilities. C. The Council Facilities Task Force will proceed with the naming of a facility according to the following: a. The facility naming process is initiated with the approval of th e design, construction or acquisition of a facility. b. The City Council may choose from a variety of sources for name recommendations (i.e. Council member, staff or donor recommendations, historical review of the site, recommendations from the Parks and Recreation Advisory Board, recommendations from previous owners, etc.). Names may be suggested by citizens and/or community groups by submission to the Mayor, City Council or City Manager. c. Names may be submitted by the departmental owner of the facility, exec utive management, the Mayor or members of the City Council. d. All names for City facilities will be approved by a majority City Council vote regardless of the source of the name’s recommendation. Naming of Sub-Facilities A. All requests for the naming or renaming of a sub-facility shall be made in writing to the Director of Parks and Recreation for parks sub -facilities or to the City Manager for all other sub-facilities. Written requests should at a minimum contain the following: a. The proposed name; b. Reasons for the proposed name; c. Written documentation indicating community support for the proposed name (if applicable); d. If proposing to name a facility within a park, include a description/map showing the location of the facility; and e. If proposing to name a facility after an individual, group, donor or benefactor, include documentation of that person or group’s significance and good reputation in the City’s, State’s, or Nation’s history. Please refer to the commemorative naming conditions for an individual found in this policy. B. Upon receipt, the Director of Parks and Recreation or the City Manager will: Approved by Council May 24, 2012 a. Review the proposed request for its adherence to the policies of the City of College Station and b. Ensure that supporting information has been authenticated, part icularly when an individual’s name is proposed as the facility’s or sub-facility’s name. C. When deemed appropriate, the City Manager will recommend the Facilities Task Force review sub-facility renaming suggestions. D. The Facilities Task Force will review the sub-facility naming request at a Facilities Task Force meeting and make a recommendation to the City Council. In all cases, the City Council will have the final authority in accepting or rejecting the naming proposal by majority. Guidelines for Re-Naming Process. A. The renaming of facilities or sub-facilities is discouraged. It is recommended that efforts to change a name be subject to a critical examination so as not to diminish the original justification for the name or discount the value of the prior contributors. a. Parks or other facilities named by deed restriction shall not be considered for renaming. b. Parks and facilities named after individuals shall not be renamed unless it is determined that the individual’s personal character is or was such that the continued use of the name for a facility would not be in the best interest of the City or community. Exceptions may be considered in cases of changes in use of facilities or for facility demolitions. B. If it is decided by the City Manager that it is in the best interest of the City to rename a major or sub-facility, it may be renamed in accordance with the criteria and guidelines outlined in the procedures of this policy. Plaques, Markers and Memorials. A. Plaques, markers and memorials may be incorporated into a facility or sub-facility during the design phase of the project. Plaques, markers, and memorials that are incorporated into the design of a facility will be subject to the same oversight and controls as applicable to the rest of the project. B. Plaques, markers, and memorials added to a facility or sub -facility after its completion and opening will be designed and installed according to the City’s Dedication Plaque Policy. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0001 Name:CSPD Audit Report Presentation Status:Type:Presentation Consent Agenda File created:In control:1/4/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion concerning the City Internal Auditor’s College Station Police Department Inventory Audit. Sponsors:Ty Elliott Indexes: Code sections: Attachments:CSPD Inventory Audit Report Action ByDate Action ResultVer. Presentation, possible action, and discussion concerning the City Internal Auditor’s College Station Police Department Inventory Audit. Summary: Reasons for the Audit: This audit was included in the fiscal year 2016 audit plan based on direction given by the Audit Committee. This will be the first audit of two for the Police Department, the other being an audit of the evidence function to be conducted later this year. The audit allowed for a review of 1) Inventory tracking and storage procedures and 2) quartermaster purchasing procedures. Summary of Findings: Tracking and Storage.Tracking and storage procedures lack some controls. The quartermaster function lacks a way to track high-risk inventory in an accountable database and lacks a tracking system for non-serialized items such as uniforms and badges. Currently, storage facilities are inadequate due to lack of space and monitoring devices. Purchasing.Currently, purchasing procedures are being followed in Munis, however, there is a lack of controls physically. Also, the current purchase/supply request system is less efficient than it could be. Audit recommendations: 1.Automate the inventory supply, equipment records through an accountable information system. 2.Additional space should be provided for inventory storage and centralization strongly considered. 3.The duties of ordering, approving, and receiving should be segregated. College Station, TX Printed on 2/19/2016Page 1 of 1 powered by Legistar™ TY ELLIOTT City Internal Auditor telliott@cstx.gov TEL: (979) 764-6269 CITY INTERNAL AUDITOR’S OFFICE 300 Krenek Tap College Station, TX 77840 AUDIT COMMITTEE Mayor Nancy Berry Mayor Pro Tem John Nichols Councilmember Steve Aldrich December 17, 2015 Honorable Mayor and Members of the Audit Committee: An audit of high-risk police inventory was included in the fiscal year 2016 audit plan based on direction given by the Audit Committee. This will be the first audit of two for the Police Department, the other being an audit of the Evidence function. The audit also presented us with the opportunity to review implementation of audit recommendations from the 2008 Police Department Assessment (conducted by Carroll Buracker & Associates, Inc.) in which five recommendations were given related to the Quartermaster function. Two of these recommendations fall within the scope of our audit. The scope of review included all police purchase orders and purchasing card transactions from March 2015 to November 20151, purchase orders from 2010, and purchase orders from 2005. At the time, there were 420 purchase orders from 2015, 103 purchase orders from 2010, 62 purchase orders from 2005, and 1,527 purchasing card transactions from March 2015 to November 2015. Fieldwork was conducted to observe the current inventory system and how it functions from purchasing to tracking to disposal. High-risk inventory was defined as uniforms, badges, guns, ammunition, and high-cost items. Audit objectives:  Is Police inventory being properly recorded, tracked, and disposed of?  Is Police inventory stored safely, securely, and in an organized fashion?  Are purchasing policies being followed and do they meet best practice standards?  Were relevant 2008 audit recommendations contained in the Buracker & Associates report implemented? Findings: Inventory Items Should be Easily Tracked Criteria: It is best practice to have an inventory process that is capable of fulfilling the following tasks: 1) ability to track inventory to ensure that items are located in the proper place or are in the possession of the proper person and 2) keep a record of how many of each item the organization has in its possession following purchase or disposal which can then be checked against stocked inventory. The system should also be in a secure and accountable database to ensure that data entry errors and manipulation are minimized. 1 This range was chosen because of the Tyler Munis implementation. City of College Station Page 2 of 4 TY ELLIOTT City Internal Auditor telliott@cstx.gov TEL: (979) 764-6269 CITY INTERNAL AUDITOR’S OFFICE 300 Krenek Tap College Station, TX 77840 AUDIT COMMITTEE Mayor Nancy Berry Mayor Pro Tem John Nichols Councilmember Steve Aldrich Observations: 1. Not all inventory items are tracked. Serialized items like body cameras, NADYs, and tasers are tracked in non-accountable tracking systems2 by the Quartermaster. Of the high-risk items noted, we were unable to track the amount of uniforms and badges possessed by the department as they are not tracked in a perpetual inventory system. 2. Guns and ammunition are tracked by the Recruiting and Training Division in a non-accountable tracking system. Guns are issued to specific officers and the serial number of the weapon is noted. Ammunition is tracked by the number of rounds purchased and the number expended during training exercises and duty activities. We found that all sampled guns could be accounted for using this system. Of the sampled ammunitions, we found that three of the five ammunition types were recorded correctly in the non-accountable system while one had an error rate of 0.05% and one had an error rate of 0.99%, neither of which are material. 3. The system used to track the amount of uniform and badge items issued to an officer was often difficult to understand and follow. Of the 30 officer files sampled, we were unable to confidently determine the number of specific uniform items each officer was supposed to have in his or her possession 26.7% of the time (8 files). 4. There were no records for disposal of uniforms and badges. There was a records system kept for high-cost (over $200) items; however, disposal records could only be found for half of the items marked as disposed. There were records for ammunition expended and gun disposal. Inventory Items Should be Efficiently Stored Criteria: Inventory should be stored in a secure environment that is only accessible to approved personnel. Multiple security measures should be implemented to ensure that inventory is only handled by those approved personnel. One of the best ways to ensure this is to have a centralized inventory area. There are both positives and negatives for this type of system. Positives are that it becomes easier to coordinate inventory operations from a central control point because all the information is on hand. This reduces mistakes due to missed or incorrect communications among multiple sites. A department can also concentrate its efforts and resources at a central location to maximize automated tracking, surveillance, and theft deterrence. Negatives are that centralizing inventory would require 24/7 staffing due to the nature of the Police Department. Otherwise, there would need to be an access system available for officers who work nights to obtain urgently needed items, such as ammunition, tactical equipment, etc. Observations: 1. Facilities for high-risk inventory are inadequate for the amount of property intake that the department has. We observed that there is difficulty maneuvering in the property room, ammunition room, and SWAT closet. 2 In contrast, an accountable inventory tracking system is secure, has built -in internal controls, and tracks any changes in the system through an audit trail. City of College Station Page 3 of 4 TY ELLIOTT City Internal Auditor telliott@cstx.gov TEL: (979) 764-6269 CITY INTERNAL AUDITOR’S OFFICE 300 Krenek Tap College Station, TX 77840 AUDIT COMMITTEE Mayor Nancy Berry Mayor Pro Tem John Nichols Councilmember Steve Aldrich 2. Different divisions maintain their own inventory. We found that the Criminal Investigations Division, Patrol, and SWAT each maintain and store some of their own inventory. Some of this was due to the lack of space for such items in the property room as noted by various officers. This lack of centralization made it difficult to track the location of different sampled inventory items. During our sampling, we had to ask multiple divisions for assistance in locating which division had possession of certain high-cost items. 3. While there are physical security measures in place to ensure only approved personnel are able to enter the property room and other high-risk inventory rooms, there are no cameras or other automated devices as additional security measures. Purchasing Procedures Lack Some Controls Criteria: According to College Station Police Department policy, there are specific purchasing procedures to be followed when acquiring items for and through the property function. These include policies regarding purchase/supply requests, review of purchases, and inventory distribution. In addition, according to best practice, purchasing, approving, and receiving duties should be segregated. Observations: 1. There is not a strong segregation of duties in the Quartermaster function. There is currently only one employee for the function who acts as both purchaser and physical receiver. 2. As the former Staff Assistant recently retired, the current review function as described in CSPD policies is being handled by the Civilian Training Coordinator. Previously, the Staff Assistant did not usually physically receive the asset and check it; instead the Quartermaster would verify the purchase and send a copy of the received invoice to the Staff Assistant who would note the items as received. Therefore, there are system controls in place, but physical controls are limited. 3. The tracking system for purchase/supply requests is currently spread across multiple systems, some of which are electronic and some of which are paper. This creates a duplication of effort and results in some difficulty confirming the requests’ alignment with CSPD policy. It is also time consuming and less efficient for the Quartermaster function. Applicable Previous Audit Recommendations Should be Implemented Criteria: The 2008 Police Department Assessment was conducted over the entirety of the Police Department by an outside contractor. Review by the Office of the City Auditor has found it to be complete, reasonable, and appropriate in its evidence and recommendations. Conducting follow-up audits is an important part of the audit process to determine whether organizations have been able to improve upon previous inadequacies in policies or procedures that were determined to be risks. The two audit recommendations that fell within our scope were as follows:  The City and Department should fund one additional employee for the quartermaster function.  The City and Department should automate the supply/equipment records. City of College Station Page 4 of 4 TY ELLIOTT City Internal Auditor telliott@cstx.gov TEL: (979) 764-6269 CITY INTERNAL AUDITOR’S OFFICE 300 Krenek Tap College Station, TX 77840 AUDIT COMMITTEE Mayor Nancy Berry Mayor Pro Tem John Nichols Councilmember Steve Aldrich Observations: 1. The City and Department has not funded an additional employee for the quartermaster function. 2. The City and Department has not automated the supply/equipment records. Records are still kept physically through paper forms and spreadsheets entered into Excel. Audit Recommendations: 1. Automate the inventory supply/equipment records through an accountable information system. Accountable perpetual inventory information systems decrease the potential for fraud to occur without notice and would provide stronger evidence in the event of an investigation. The department should track and manage their inventory through these types of systems and perform periodic inventory counts. CAD RMS, Tyler Munis, or another system that fulfills these functions could be used. Given that Tyler Munis is already being used for purchasing, approving, and receiving, operationally it may appear most efficient to also utilize Tyler Munis’ inventory tracking system rather than using a separate system. However, there are questions about whether tracking General Fund expensed items in Tyler Munis could impact the General ledger. Therefore, it may be prudent to utilize CAD RMS or another system. 2. Additional space should be provided for inventory storage and centralization strongly considered. There is not adequate space to effectively store and manage Police inventory in the current facilities. Inventory storage and tracking is spread throughout the department, resulting in problems locating items. Providing more space will allow the Quartermaster to function more efficiently and effectively to the demands of the department. Centralization should also be considered with regards to space moving forward. While there are concerns that would need to be addressed, centralizing would assist in departmental efficiency for obtaining necessary items. 3. The duties of ordering, approving, and receiving should be segregated. Currently, only one employee is in charge of inventory requisition, purchasing, receiving, distribution, and storage, which presents a risk of asset misappropriation and errors. One option would be implementing the 2008 Assessment recommendation by hiring an additional staff member to work alongside the Quartermaster. Operationally, adding an additional position could aid in the feasibility of centralizing the inventory function if shift scheduling is implemented allowing the property room to be staffed for longer periods of time. January 14, 2016 Honorable Mayor and Members of the Audit Committee: This memorandum will serve as the Police Department’s response to the auditor’s findings during audit of high-risk police inventory. The overall consensus from the Police Department is that the report as submitted is true in its findings. It is also acknowledged that business processes currently in place are being done to the best capability given current limitations on resources in the form of personnel, facilities and equipment. As stated in our response, we are moving towards the implementation of a new Departmental software suite, which we believe will afford us an opportunity to address many of these recommendations. In the interim, we will continue to strive towards the goal of: • Properly recording, tracking, storing and disposing of property • Follow purchasing policies and strive to meet best practice standards For ease of reference, I have restated the observations mentioned in the auditor’s report followed by the Department response. Inventory Items Should be Easily Tracked Observations: 1. Not all inventory items are tracked. Serialized items like body cameras, NADYs, and tasers are tracked in non-accountable tracking systems by the Quartermaster. Of the high-risk items noted, we were unable to track the amount of uniforms and badges possessed by the department as they are not tracked in a perpetual inventory system. Agree-current system is combined utilization of Excel spreadsheets, paper printouts and signed receipts for issuance/returning of equipment. Manual sign-out sheets are utilized in order to obtain signatures of those checking in or checking out property. As such, these methods do not allow it to function as a true accountable system such as a database or specific program/module that is more appropriately suited to address objectives. The issue of a perpetual inventory system will be discussed below. It is of note that historically uniforms and badges have not been treated as “high risk” items in that there are already statutory penalties for misappropriation of property and impersonation of a public servant that serve as deterrents for use of these items that would seem to have them deemed “high risk”. The current method for disposal of and/or re-issuance of these items is discussed below. 2. Guns and ammunition are tracked by the Recruiting and Training Division in a non-accountable tracking system. Guns are issued to specific officers and the serial number of the weapon is noted. Ammunition is tracked by the number of rounds purchased and the number expended during training exercises and duty activities. We found that all sampled guns could be accounted for using this system. Of the sampled ammunitions, we found that three of the five ammunition types were recorded correctly City of College Station Page 2 of 5 in the non-accountable system while one had an error rate of 0.05% and one had an error rate of 0.99%, neither of which are material. Agree-While not ideal, this system has worked for us for years. There are individuals responsible for managing this property inventory and sign-in and sign out procedures that establish individual accountability. It is understood that an accountable system would be much better but absent such a system, this process has worked. Efforts will be made to migrate to an accountable system through evaluation of Tyler/MUNIS as well as the new CAD/RMS system. 3. The system used to track the amount of uniform and badge items issued to an officer was often difficult to understand and follow. Of the 30 officer files sampled, we were unable to confidently determine the number of specific uniform items each officer was supposed to have in his or her possession 26.7% of the time (8 files). Agree-the current system to track uniforms is difficult to understand and follow, however, the current system does allow personnel familiar with that system the ability to accurately track the number of items issued to particular personnel. There are instances where a particular officer may be issued a larger number of uniforms than allotted but it is typically due to the nature of the acquisition/return process. Many times uniforms are issued but it takes time for the officer to have the old uniform(s) cleaned and returned to property. 4. There were no records for disposal of uniforms and badges. There was a records system kept for high- cost (over $200) items; however, disposal records could only be found for half of the items marked as disposed. There were records for ammunition expended and gun disposal. Agree-there are no records for disposal of these items. This however is more of a reflection of two factors. a. Uniforms have historically been treated as a “consumable” item in that they are subjected to immense wear and tear, extreme weather in the form of sun, heat, precipitation, etc which causes accelerated degradation. When a uniform is turned in, the patches are cut off and it is destroyed by shredding or burning or combination of both. Upon completion, the item is no longer recognizable as a uniform and therefore is not subject to misuse. b. Badges when they are turned in are refurbished to allow for re-issuance to other personnel. Inventory Items Should be Efficiently Stored Observations: 1. Facilities for high-risk inventory are inadequate for the amount of property intake that the department has. We observed that there is difficulty maneuvering in the property room, ammunition room, and SWAT closet. Agree-current facilities are inadequate to support necessary and best practice Quartermaster function for a department of over 200 employees. Plans for new police facility will include the City of College Station Page 3 of 5 recommended space and security for this function. 2. Different divisions maintain their own inventory. We found that the Criminal Investigations Division, Patrol, and SWAT each maintain and store some of their own inventory. Some of this was due to the lack of space for such items in the property room as noted by various officers. This lack of centralization made it difficult to track the location of different sampled inventory items. During our sampling, we had to ask multiple divisions for assistance in locating which division had possession of certain high-cost items. Agree-as mentioned above lack of facility space is a key issue. Decentralization of property storage is driven by lack of space and lack of personnel to facilitate 24/7 access to equipment. 3. While there are physical security measures in place to ensure only approved personnel are able to enter the property room and other high-risk inventory rooms, there are no cameras or other automated devices as additional security measures. Agree- as mentioned above, lack of proper security is a key issue. Any plans for the new police facility could also include cameras or other automated 2 factor authentication security measures for access to these facility areas. Purchasing Procedures Lack Some Controls Observations: 1. There is not a strong segregation of duties in the Quartermaster function. There is currently only one employee for the function who acts as both purchaser and physical receiver. Agree-as there is only one employee assigned to the Quartermaster function. As we continue to grow it will be critical to add another employee to aid in the segregation of duties and aid in the management of inventory. Currently, full segregation is not possible with the current level of staff. 2. As the former Staff Assistant recently retired, the current review function as described in CSPD policies is being handled by the Civilian Training Coordinator. Previously, the Staff Assistant did not usually physically receive the asset and check it; instead the Quartermaster would verify the purchase and send a copy of the received invoice to the Staff Assistant who would note the items as received. Therefore, there are system controls in place, but physical controls are limited. Agree-This is a temporary measure until a new Staff Assistant can be hired. While this arrangement is not ideal, organizationally, there are limited number of personnel to routinely handle these responsibilities. Currently a variety of personnel are utilized for the many aspects of segregating purchasing, review, approving and receiving. 3. The tracking system for purchase/supply requests is currently spread across multiple systems, some of which are electronic and some of which are paper. This creates a duplication of effort and results in City of College Station Page 4 of 5 some difficulty confirming the requests’ alignment with CSPD policy. It is also time consuming and less efficient for the Quartermaster function. Agree- We look forward to an opportunity to improve this process through the use of a true tracking system. Applicable Previous (Buracker Report) Audit Recommendations Should be implemented The two audit recommendations that fell within our scope were as follows: The City and Department should fund one additional employee for the quartermaster function. The City and Department should automate the supply/equipment records. Observations: 1. The City and Department has not funded an additional employee for the quartermaster function. Agree- Discussions have been held during budget preparation processes but efforts to acquire additional positions have shadowed due to higher priority public safety positions/issues. 2. The City and Department has not automated the supply/equipment records. Records are still kept physically through paper forms and spreadsheets entered into Excel. Agree- Efforts have been made through the years to create a database program to better manage department property. A variety of means have been pursued to include the use of community volunteers with database development experience to develop a system and the evaluation of off the shelf software. The volunteer worked on the development of an inventory database but suddenly left after working on a database for several months. A viable off the shelf software package that met departmental needs was eventually identified but this was found at the same time a viable option was identified through the CAD/RMS vendor evaluation process. It was our belief that waiting until the implementation of the CAD/RMS system was the better option. Audit Recommendations: 1. Automate the inventory supply/equipment records through an accountable information system. Accountable perpetual inventory information systems decrease the potential for fraud to occur without notice and would provide stronger evidence in the event of an investigation. The department should track and manage their inventory through these types of systems and perform periodic inventory counts. CAD RMS, Tyler Munis, or another system that fulfills these functions could be used. Given that Tyler Munis is already being used for purchasing, approving, and receiving, operationally it may appear most efficient to also utilize Tyler Munis’ inventory tracking system rather than using a separate system. However, there are questions about whether tracking General Fund expensed items in Tyler Munis could impact the General ledger. Therefore, it may be prudent to utilize CAD RMS or another system. Agree-current staff believes that the pending implementation of the Tri-Tech CAD/RMS system and utilization of its inventory capabilities to move from current processes into a true accountable City of College Station Page 5 of 5 system and perpetual inventory. Prior to the implementation of the Tri-Tech system, staff will undergo a process to insure that accurate counts of uniforms, badges and other inventory items are obtained. This will allow migration of accurate information into a perpetual system. As the new system comes on- line, efforts will begin with true serialized items (radios, weapons, etc) and we will build from there. 2. Additional space should be provided for inventory storage and centralization strongly considered. There is not adequate space to effectively store and manage Police inventory in the current facilities. Inventory storage and tracking is spread throughout the department, resulting in problems locating items. Providing more space will allow the Quartermaster to function more efficiently and effectively to the demands of the department. Centralization should also be considered with regards to space moving forward. While there are concerns that would need to be addressed, centralizing would assist in departmental efficiency for obtaining necessary items. Agree- Efforts are underway to improve many aspects of our facility needs. We are currently in the design process for a new Police facility and the Quartermaster function will be a significant component of consideration during that process. 3. The duties of ordering, approving, and receiving should be segregated. Currently, only one employee is in charge of inventory requisition, purchasing, receiving, distribution, and storage, which presents a risk of asset misappropriation and errors. One option would be implementing the 2008 Assessment recommendation by hiring an additional staff member to work alongside the Quartermaster. Operationally, adding an additional position could aid in the feasibility of centralizing the inventory function if shift scheduling is implemented allowing the property room to be staffed for longer periods of time. Agree-current plans are to submit request for an additional person through either the upcoming budget process, or if deemed appropriate through mid-year request. Conclusion We truly appreciate the City auditor’s evaluation of our property function. As an agency, we strive for excellence in all aspects of our operations and embrace a best practices approach to doing business. This is evidenced by our long-term participation in such programs as National and State accreditation programs. While it is believed that the implementation of our new CAD/RMS system will address many of the shortcomings of our current system, the findings of this report will be further utilized to focus upon other aspects of our property function to improve. Respectfully, Scott McCollum Chief of Police City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0073 Name:Rental of Heavy Machinery Status:Type:Presentation Consent Agenda File created:In control:2/1/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion regarding the annual price agreement with Mustang Rental Services for heavy machinery rentals not to exceed $75,000. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:16-015 tab 2.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the annual price agreement with Mustang Rental Services for heavy machinery rentals not to exceed $75,000. Relationship to Strategic Goals: 1.Financially Sustainable City 2.Core Services and Infrastructure Recommendation(s):Staff recommends that Council approves the award of an annual pricing agreement with Mustang Rental Services for Citywide rental of heavy machinery in an amount not to exceed $75,000 annually. Summary:The City of College Station and the City of Bryan combined their annual requirements for heavy machinery rental and jointly solicited formal bids.On January 25,2016,seven (7)sealed bids were received and opened.One of these bids was considered non-responsive because they did not acknowledge the addendum to the bid.Staff at the City of College Station and the City of Bryan independently reviewed the bids and both Cities are recommending award to Mustang Rental Services. Award of this price agreement will meet the needs of various City departments requiring the rental of heavy and/or specialized machinery and equipment. Evaluations were based on the monthly rental price;however,prices were also requested for daily and weekly rental rates. Mustang Rental Services was the lowest bidder on 78% of the items bid. Budget &Financial Summary:Funds are budgeted and available in the General Fund,Public Works and Parks Operations, Public Utilities Fund, and Electric/Water/Waste Water Operations. Reviewed and Approved by Legal:N/A Attachments:Bid Tabulation, City of Bryan Joint Bid 16-015 College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0073,Version:1 College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ Annual Bid for Heavy Machinery Rental Bid Tabulation #16-015 Bid Opening Date: January 25, 2016 @ 2:00pm Page 1 Item Description Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price No.Loaders Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily 1 Backhoe/Loader & accessories; 78 HP N/A N/A N/A $1,738.00 $808.00 $268.00 N/A N/A N/A 2 Backhoe/Loader & accessories; 78 HP w/hyd thumb N/A N/A N/A $1,738.00 $808.00 $268.00 N/A N/A N/A 3 Backhoe/Loader & accessories; 74 HP (4x4)$1,800.00 $600.00 $200.00 $1,738.00 $808.00 $268.00 N/A N/A N/A 4 Backhoe/Loader & accessories; 93HP (4x4)N/A N/A N/A N/A N/A N/A N/A N/A N/A 5 Backhoe/Loader & accessories; 78 HP w/1000# Hammer N/A N/A N/A $5,645.00 $1,536.00 $506.00 N/A N/A N/A 6 Backhoe/Loader and accessories; 93 HP w/1000# Hammer N/A N/A N/A N/A N/A N/A N/A N/A N/A 7 Backhoe/Loader and accessories; 78 HP w/Extendahoe N/A N/A N/A $1,958.00 $988.00 $288.00 N/A N/A N/A 8 Backhoe/Loader and accessories; 93 HP w/Extendahoe N/A N/A N/A N/A N/A N/A N/A N/A N/A 9 Backhoe/Loader and accessories 78HP w/Extendahoe, 18' 2" digging depth N/A N/A N/A $1,958.00 $988.00 $288.00 N/A N/A N/A 10 Backhoe 93 HP - w/IT tool carrier w/ldr. Bucket and forks N/A N/A N/A N/A N/A N/A N/A N/A N/A 11 Skid Steer Loader - 62 HP - 5700 lbs.$1,450.00 $450.00 $160.00 $1,308.00 $628.00 $208.00 N/A N/A N/A 12 Track Skid Steer Loader - 62 HP - 6618 lbs.$1,800.00 $540.00 $180.00 $1,908.00 $1,028.00 $308.00 N/A N/A N/A Loader Box Blade Tractors 13 Tractor w/1 yd. loader bucket & box blade N/A N/A N/A $1,798.00 $778.00 $268.00 N/A N/A N/A 14 Tractor (4x4) w/1yd. Loader bucket & hyd box blade $1,800.00 $600.00 $200.00 $1,798.00 $778.00 $268.00 N/A N/A N/A Wheel & Track Mini Skid Loaders 15 Wheel skid steer - 62HP - Wt. 5700 lbs $1,450.00 $450.00 $160.00 $1,758.00 $778.00 $258.00 N/A N/A N/A 16 Mini track loader - 62 HP - wt. 6618 $1,800.00 $540.00 $180.00 $1,908.00 $1,028.00 $308.00 N/A N/A N/A Skid Steer Atttachments 17 Cold planner N/A N/A N/A N/A N/A N/A N/A N/A N/A 18 Hydraulic auger $900.00 $300.00 $100.00 $608.00 $208.00 $88.00 N/A N/A N/A 19 Hydraulic hammer N/A N/A N/A $1,458.00 $828.00 $218.00 N/A N/A N/A 20 72" Angle Blade N/A N/A N/A N/A N/A N/A N/A N/A N/A 21 Grapple Bucket $900.00 $300.00 $100.00 $878.00 $398.00 $128.00 N/A N/A N/A 22 Grapple Forks N/A N/A N/A N/A N/A N/A N/A N/A N/A Mini Excavators 23 Cat 301.6 (or equal) 6' 10"' depth -11'10" Reach $1,000.00 $330.00 $110.00 $1,308.00 $908.00 $208.00 N/A N/A N/A 24 Cat 303C-CR (or equal) 9' 11"' depth - 16' 10" Reach $1,800.00 $600.00 $200.00 $1,508.00 $698.00 $258.00 N/A N/A N/A 25 Cat 302.5 (or equal) 9' 7" depth - 15' 9" Reach $1,700.00 $655.00 $185.00 $1,328.00 $598.00 $208.00 N/A N/A N/A Excavators 26 17,730 lbs - 22' 3" Reach 15' 5" Depth N/A N/A N/A $3,148.00 $1,178.00 $448.00 N/A N/A N/A 27 28,970 lbs - 28' 3" Reach - 19' 10" Depth N/A N/A N/A $3,708.00 $1,548.00 $578.00 N/A N/A N/A 28 36,930 lbs - 28' 8" Reach - 19' 19" Depth N/A N/A N/A N/A N/A N/A N/A N/A N/A 29 32,500 lbs - 28' 3" Reach - 19' 10" Depth N/A N/A N/A N/A N/A N/A N/A N/A N/A 30 47,400 lbs - 31' 10" Reach - 21' 7" Depth N/A N/A N/A $4,628.00 $1,998.00 $768.00 N/A N/A N/A 31 46,300 lbs - 31' 10" Reach - 21' 7" Depth w/thumb N/A N/A N/A N/A N/A N/A N/A N/A N/A 32 64,460 lbs - 35' Reach - 23' 11" Depth N/A N/A N/A N/A N/A N/A N/A N/A N/A 33 79,700 lbs - 36' 1" Reach - 24' 7" Depth N/A N/A N/A N/A N/A N/A $8,600.00 $2,900.00 $1,000.00 Wheel Excavators 34 42,000 lbs - 169 HP - 30'1" Reach - 19'2" Depth N/A N/A N/A N/A N/A N/A $9,450.00 $3,150.00 $1,050.00 Specialty Excavators 35 47,400 lbs - w/5000 lb hammer N/A N/A N/A $10,266.00 $4,036.00 $1,546.00 N/A N/A N/A 36 47,400 lbs w/Pin and thumb attachment N/A N/A N/A N/A N/A N/A N/A N/A N/A 37 Long Reach - w/60' Reach - 45' Depth N/A N/A N/A N/A N/A N/A N/A N/A N/A Dozers 38 74 HP Dozer w / 6-way Blade N/A N/A N/A $3,688.00 $1,388.00 $558.00 N/A N/A N/A 39 84 HP Dozer w / 6-way Blade N/A N/A N/A N/A N/A N/A N/A N/A N/A Heavy Equipment Rentals All bids submitted are reflected on this bid tab sheet. However, the listing of a bid should not be construed as any indication that the City accepts such bid as responsive. The City will notify the successful bidder upon award of contract. # of Copies (Pages 14-28) Submittal: License (Y/N) Certification from bid package (Y/N) Felony Conviction Notification (Y/N) Prompt Payment Discount EFT Discount WCTractor BlueLine Rentals WCTractor BlueLine Rentals Heavy Equipment Rentals Y Y Y / None Offered Y Y Y Y / None Offered YY Y 1% Net 10 YAddendums 1 & 2 (Y/N) References (Y/N) Annual Bid for Heavy Machinery Rental Bid Tabulation #16-015 Bid Opening Date: January 25, 2016 @ 2:00pm Page 2 Item Description No.Loaders 1 Backhoe/Loader & accessories; 78 HP 2 Backhoe/Loader & accessories; 78 HP w/hyd thumb 3 Backhoe/Loader & accessories; 74 HP (4x4) 4 Backhoe/Loader & accessories; 93HP (4x4) 5 Backhoe/Loader & accessories; 78 HP w/1000# Hammer 6 Backhoe/Loader and accessories; 93 HP w/1000# Hammer 7 Backhoe/Loader and accessories; 78 HP w/Extendahoe 8 Backhoe/Loader and accessories; 93 HP w/Extendahoe 9 Backhoe/Loader and accessories 78HP w/Extendahoe, 18' 2" digging depth 10 Backhoe 93 HP - w/IT tool carrier w/ldr. Bucket and forks 11 Skid Steer Loader - 62 HP - 5700 lbs. 12 Track Skid Steer Loader - 62 HP - 6618 lbs. Loader Box Blade Tractors 13 Tractor w/1 yd. loader bucket & box blade 14 Tractor (4x4) w/1yd. Loader bucket & hyd box blade Wheel & Track Mini Skid Loaders 15 Wheel skid steer - 62HP - Wt. 5700 lbs 16 Mini track loader - 62 HP - wt. 6618 Skid Steer Atttachments 17 Cold planner 18 Hydraulic auger 19 Hydraulic hammer 20 72" Angle Blade 21 Grapple Bucket 22 Grapple Forks Mini Excavators 23 Cat 301.6 (or equal) 6' 10"' depth -11'10" Reach 24 Cat 303C-CR (or equal) 9' 11"' depth - 16' 10" Reach 25 Cat 302.5 (or equal) 9' 7" depth - 15' 9" Reach Excavators 26 17,730 lbs - 22' 3" Reach 15' 5" Depth 27 28,970 lbs - 28' 3" Reach - 19' 10" Depth 28 36,930 lbs - 28' 8" Reach - 19' 19" Depth 29 32,500 lbs - 28' 3" Reach - 19' 10" Depth 30 47,400 lbs - 31' 10" Reach - 21' 7" Depth 31 46,300 lbs - 31' 10" Reach - 21' 7" Depth w/thumb 32 64,460 lbs - 35' Reach - 23' 11" Depth 33 79,700 lbs - 36' 1" Reach - 24' 7" Depth Wheel Excavators 34 42,000 lbs - 169 HP - 30'1" Reach - 19'2" Depth Specialty Excavators 35 47,400 lbs - w/5000 lb hammer 36 47,400 lbs w/Pin and thumb attachment 37 Long Reach - w/60' Reach - 45' Depth Dozers 38 74 HP Dozer w / 6-way Blade 39 84 HP Dozer w / 6-way Blade All bids submitted are reflected on this bid tab sheet. However, the listing of a bid should not be construed as any indication that the City accepts such bid as responsive. The City will notify the successful bidder upon award of contract. # of Copies (Pages 14-28) Submittal: License (Y/N) Certification from bid package (Y/N) Felony Conviction Notification (Y/N) Prompt Payment Discount EFT Discount Addendums 1 & 2 (Y/N) References (Y/N) Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily $1,850.00 $550.00 $220.00 $1,600.00 $780.00 $260.00 $990.00 $330.00 $110.00 $1,980.00 $595.00 $240.00 N/A N/A N/A N/A N/A N/A $1,850.00 $550.00 $220.00 $1,800.00 $870.00 $290.00 $990.00 $330.00 $110.00 $2,355.00 $975.00 $350.00 N/A N/A N/A $1,800.00 $600.00 $200.00 $2,945.00 $1,045.00 $395.00 $3,900.00 $1,695.00 $565.00 $3,600.00 $1,200.00 $400.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A $1,850.00 $690.00 $230.00 $2,500.00 $1,050.00 $350.00 $1,530.00 $510.00 $170.00 $2,220.00 $920.00 $330.00 N/A N/A N/A N/A N/A N/A $1,850.00 $690.00 $230.00 N/A N/A N/A $1,530.00 $510.00 $170.00 N/A N/A N/A N/A N/A N/A $1,800.00 $600.00 $200.00 $1,200.00 $415.00 $185.00 $1,490.00 $585.00 $195.00 $900.00 $300.00 $100.00 $1,695.00 $695.00 $240.00 $2,250.00 $750.00 $250.00 $1,500.00 $535.00 $178.00 $1,650.00 $550.00 $180.00 $1,750.00 $750.00 $250.00 $875.00 $295.00 $98.00 N/A N/A N/A $1,750.00 $750.00 $250.00 $875.00 $295.00 $98.00 $1,125.00 $425.00 $175.00 $1,760.00 $675.00 $225.00 $1,080.00 $360.00 $120.00 $1,395.00 $620.00 $215.00 N/A N/A N/A $1,665.00 $555.00 $185.00 N/A N/A N/A N/A N/A N/A $2,457.00 $819.00 $273.00 $310.00 $185.00 $90.00 $738.00 $246.00 $82.00 $450.00 $150.00 $50.00 $950.00 $595.00 $195.00 $1,400.00 $540.00 $180.00 $540.00 $180.00 $60.00 N/A N/A N/A N/A N/A N/A $750.00 $250.00 $85.00 $400.00 $125.00 $50.00 $770.00 $240.00 $80.00 $350.00 $125.00 $40.00 $200.00 $75.00 $25.00 N/A N/A N/A $450.00 $150.00 $50.00 $1,325.00 $545.00 $145.00 $1,480.00 $555.00 $185.00 $1,100.00 $370.00 $265.00 $1,350.00 $605.00 $165.00 $2,000.00 $735.00 $245.00 $1,260.00 $420.00 $140.00 $1,345.00 $595.00 $155.00 $1,800.00 $675.00 $225.00 $1,170.00 $390.00 $130.00 $2,595.00 $835.00 $275.00 $3,150.00 $1,050.00 $450.00 $2,475.00 $825.00 $275.00 $3,595.00 $1,200.00 $400.00 N/A N/A N/A $3,105.00 $1,035.00 $345.00 $4,695.00 $1,595.00 $535.00 N/A N/A N/A $3,645.00 $1,215.00 $405.00 $4,050.00 $1,475.00 $535.00 N/A N/A N/A $3,105.00 $1,035.00 $345.00 $6,165.00 $2,240.00 $735.00 $5,400.00 $1,800.00 $600.00 $4,095.00 $1,365.00 $455.00 N/A N/A N/A N/A N/A N/A $4,725.00 $1,575.00 $525.00 $8,400.00 $2,995.00 $995.00 $8,100.00 $2,700.00 $900.00 $7,245.00 $2,415.00 $805.00 N/A N/A N/A N/A N/A N/A $7,500.00 $2,500.00 $835.00 N/A N/A N/A N/A N/A N/A $5,940.00 $1,980.00 $660.00 N/A N/A N/A $10,800.00 $3,600.00 $1,200.00 $12,500.00 $4,170.00 $1,390.00 N/A N/A N/A $10,800.00 $3,600.00 $600.00 $6,975.00 $2,325.00 $775.00 N/A N/A N/A N/A N/A N/A $8,505.00 $2,835.00 $945.00 $2,950.00 $1,000.00 $360.00 $3,600.00 $1,200.00 $400.00 $1,935.00 $645.00 $215.00 $3,495.00 $1,295.00 $395.00 N/A N/A N/A $2,250.00 $750.00 $250.00 Mustang Rental Services Mustang Rental Services Y Y Y / None Offered Y Hertz Equipment Rental We Rent It We Rent It Y Y Y / None Offered YY United Rentals Hertz Equipment Rental Y Y Y / None Offered United Rentals Non Responsive - Addendum Attached No Annual Bid for Heavy Machinery Rental Bid Tabulation #16-015 Bid Opening Date: January 25, 2016 @ 2:00pm Page 3 Item Description Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price No.Loaders Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily WCTractor BlueLine Rentals Heavy Equipment Rentals 40 96 HP Dozer w / 6-way Blade N/A N/A N/A $4,108.00 $1,588.00 $538.00 N/A N/A N/A 41 121 HP Dozer w / 6-way Blade N/A N/A N/A N/A N/A N/A N/A N/A N/A 42 125 HP Dozer w / 6-way Blade N/A N/A N/A N/A N/A N/A N/A N/A N/A 43 36,497 lbs - 150 HP Dozer w/6-way Blade N/A N/A N/A N/A N/A N/A $6,750.00 $2,250.00 $750.00 44 44,200 lbs - 175 HP Clearing Dozer Rake & Blade N/A N/A N/A N/A N/A N/A N/A N/A N/A 45 200 HP Dozer w/Straight Blade w/Tilt 44,420 lbs N/A N/A N/A N/A N/A N/A $8,100.00 $2,700.00 $900.00 46 200 HP Cat D6R-XL Dozer (or equal) with Straight Blade w / Tilt N/A N/A N/A N/A N/A N/A $8,100.00 $2,700.00 $900.00 Low Ground Pressure Dozers 47 74 HP LGP Dozer w / 6-way Blade N/A N/A N/A $3,688.00 $1,388.00 $558.00 N/A N/A N/A 48 84 HP LGP Dozer w/ 6-way Blade N/A N/A N/A N/A N/A N/A N/A N/A N/A 49 96 HP LGP Dozer w/6-way Blade 19,700 lbs N/A N/A N/A $4,108.00 $1,588.00 $538.00 N/A N/A N/A 50 125 HP LGP Dozer w / 6-way Blade N/A N/A N/A N/A N/A N/A N/A N/A N/A 51 150 HP LGP Dozer w / 6-way Blade N/A N/A N/A N/A N/A N/A N/A N/A N/A 52 200 HLGP Dozer w/ straight Blade w / Tilt N/A N/A N/A N/A N/A N/A N/A N/A N/A 53 200 HP LGP Dozer w/straight Blade w/ Tilt CAB N/A N/A N/A N/A N/A N/A N/A N/A N/A Landscape Tractor N/A N/A N/A 54 78 HP Tractor Box Blade / Front End Loader 4x4 $1,800.00 $600.00 $200.00 $1,798.00 $778.00 $268.00 Wheel Loaders N/A N/A N/A 55 2.3 Yard Bucket - 129 HP N/A N/A N/A $3,508.00 $1,098.00 $448.00 56 2.6 Yard Bucket - 143 HP N/A N/A N/A $3,848.00 $1,618.00 $588.00 N/A N/A N/A 57 3 Yard Bucket - 149 HP N/A N/A N/A N/A N/A N/A N/A N/A N/A 58 3.25 Yard Bucket - 160 HP N/A N/A N/A $4,508.00 $1,908.00 $748.00 N/A N/A N/A 59 4Yard Bucket - 196 HP N/A N/A N/A N/A N/A N/A $6,000.00 $2,000.00 $675.00 Integrated Tool Carrier Wheel Loaders 60 2.3 Yard Bucket - 129 HP N/A N/A N/A N/A N/A N/A N/A N/A N/A 61 3.0 Yard Bucket - 143 HP N/A N/A N/A N/A N/A N/A N/A N/A N/A 62 3.3 Yard Bucket - 160 HP w/Cab N/A N/A N/A N/A N/A N/A N/A N/A N/A Scrapers 63 11 CY Self Loading N/A N/A N/A N/A N/A N/A $7,500.00 $2,450.00 $825.00 64 17 CY Self Loading N/A N/A N/A N/A N/A N/A N/A N/A N/A 65 22 CY Self Loading N/A N/A N/A N/A N/A N/A $16,500.00 $5,400.00 $1,800.00 Pad Drum Compactors 66 50" Single Vibratory Drum 83 HP N/A N/A N/A $2,378.00 $1,008.00 $348.00 N/A N/A N/A 67 66" Single Vibratory Drum - 100 HP N/A N/A N/A $3,208.00 $1,208.00 $438.00 N/A N/A N/A 68 84" Single Vibratory Drum - 150 HP N/A N/A N/A $3,868.00 $1,478.00 $568.00 $4,000.00 $1,400.00 $450.00 Smooth Drum Compactors 69 66" Single Vibratory Drum - 100 HP N/A N/A N/A $3,208.00 $1,208.00 $438.00 N/A N/A N/A 70 84" Single Vibratory Drum - 156 HP N/A N/A N/A $3,868.00 $1,478.00 $568.00 $4,000.00 $1,400.00 $450.00 Asphalt Equipment 71 14 ton - 9 Wheel Pneumatic 100 HP N/A N/A N/A N/A N/A N/A N/A N/A N/A 72 47" Static Steel Drum Roller N/A N/A N/A N/A N/A N/A N/A N/A N/A 73 Asphalt Recycler N/A N/A N/A N/A N/A N/A N/A N/A N/A 74 Pulver Mixer 335 HP - 8' Drum Soil Stabilizer N/A N/A N/A N/A N/A N/A $9,000.00 $3,000.00 $1,000.00 75 Water Truck 2000 Gallon N/A N/A N/A $3,308.00 $1,208.00 $448.00 N/A N/A N/A 76 Self Propelled Mechanical 7' 6" Broom Diesel N/A N/A N/A $1,758.00 $728.00 $288.00 N/A N/A N/A 77 Catepillar 815F Soil Compactor N/A N/A N/A N/A N/A N/A $8,500.00 $2,800.00 $900.00 Motor Graders 78 Noram 65E/Leeboy686B 68 HP N/A N/A N/A N/A N/A N/A N/A N/A N/A 79 Cat 120 (or equal) 125 HP - 12' Moldboard N/A N/A N/A N/A N/A N/A N/A N/A N/A 80 Cat 135H 135 HP 14' Moldboard N/A N/A N/A N/A N/A N/A N/A N/A N/A 81 Cat 12H 140 HP 14' Moldboard N/A N/A N/A N/A N/A N/A N/A N/A N/A 82 Cat 140H 165 HP 14' Moldboard N/A N/A N/A N/A N/A N/A $6,200.00 $2,000.00 $700.00 Articulated Off Road Trucks 83 25 Ton Off Road Truck N/A N/A N/A N/A N/A N/A $9,000.00 $3,000.00 $1,000.00 84 30 Ton Off Road Truck N/A N/A N/A N/A N/A N/A $9,900.00 $3,300.00 $1,100.00 Forklifts 85 6000 lb. Straight Mask Rought Terrain w / 21' Lift N/A N/A N/A N/A N/A N/A N/A N/A N/A 86 7000 lb Tele Handler 44' Lift 30' Reach N/A N/A N/A $2,278.00 $1,098.00 $378.00 N/A N/A N/A 87 9000 lb Tele Handler 43' Life - 31.5' Reach N/A N/A N/A $2,498.00 $1,218.00 $418.00 N/A N/A N/A Trench Compators 88 Remote 24/33 Width - Diesel N/A N/A N/A $1,568.00 $678.00 $238.00 N/A N/A N/A Annual Bid for Heavy Machinery Rental Bid Tabulation #16-015 Bid Opening Date: January 25, 2016 @ 2:00pm Page 4 Item Description No.Loaders 40 96 HP Dozer w / 6-way Blade 41 121 HP Dozer w / 6-way Blade 42 125 HP Dozer w / 6-way Blade 43 36,497 lbs - 150 HP Dozer w/6-way Blade 44 44,200 lbs - 175 HP Clearing Dozer Rake & Blade 45 200 HP Dozer w/Straight Blade w/Tilt 44,420 lbs 46 200 HP Cat D6R-XL Dozer (or equal) with Straight Blade w / Tilt Low Ground Pressure Dozers 47 74 HP LGP Dozer w / 6-way Blade 48 84 HP LGP Dozer w/ 6-way Blade 49 96 HP LGP Dozer w/6-way Blade 19,700 lbs 50 125 HP LGP Dozer w / 6-way Blade 51 150 HP LGP Dozer w / 6-way Blade 52 200 HLGP Dozer w/ straight Blade w / Tilt 53 200 HP LGP Dozer w/straight Blade w/ Tilt CAB Landscape Tractor 54 78 HP Tractor Box Blade / Front End Loader 4x4 Wheel Loaders 55 2.3 Yard Bucket - 129 HP 56 2.6 Yard Bucket - 143 HP 57 3 Yard Bucket - 149 HP 58 3.25 Yard Bucket - 160 HP 59 4Yard Bucket - 196 HP Integrated Tool Carrier Wheel Loaders 60 2.3 Yard Bucket - 129 HP 61 3.0 Yard Bucket - 143 HP 62 3.3 Yard Bucket - 160 HP w/Cab Scrapers 63 11 CY Self Loading 64 17 CY Self Loading 65 22 CY Self Loading Pad Drum Compactors 66 50" Single Vibratory Drum 83 HP 67 66" Single Vibratory Drum - 100 HP 68 84" Single Vibratory Drum - 150 HP Smooth Drum Compactors 69 66" Single Vibratory Drum - 100 HP 70 84" Single Vibratory Drum - 156 HP Asphalt Equipment 71 14 ton - 9 Wheel Pneumatic 100 HP 72 47" Static Steel Drum Roller 73 Asphalt Recycler 74 Pulver Mixer 335 HP - 8' Drum Soil Stabilizer 75 Water Truck 2000 Gallon 76 Self Propelled Mechanical 7' 6" Broom Diesel 77 Catepillar 815F Soil Compactor Motor Graders 78 Noram 65E/Leeboy686B 68 HP 79 Cat 120 (or equal) 125 HP - 12' Moldboard 80 Cat 135H 135 HP 14' Moldboard 81 Cat 12H 140 HP 14' Moldboard 82 Cat 140H 165 HP 14' Moldboard Articulated Off Road Trucks 83 25 Ton Off Road Truck 84 30 Ton Off Road Truck Forklifts 85 6000 lb. Straight Mask Rought Terrain w / 21' Lift 86 7000 lb Tele Handler 44' Lift 30' Reach 87 9000 lb Tele Handler 43' Life - 31.5' Reach Trench Compators 88 Remote 24/33 Width - Diesel Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily Mustang Rental ServicesHertz Equipment Rental We Rent ItUnited Rentals N/A N/A N/A $4,725.00 $1,575.00 $525.00 $2,970.00 $990.00 $330.00 N/A N/A N/A $6,300.00 $2,100.00 $700.00 $5,670.00 $1,890.00 $630.00 N/A N/A N/A N/A N/A N/A $5,670.00 $1,890.00 $630.00 N/A N/A N/A N/A N/A N/A $5,895.00 $1,965.00 $655.00 N/A N/A N/A N/A N/A N/A $6,885.00 $2,295.00 $765.00 N/A N/A N/A N/A N/A N/A $7,500.00 $2,500.00 $835.00 N/A N/A N/A N/A N/A N/A $7,500.00 $2,500.00 $835.00 N/A N/A N/A $3,600.00 $1,200.00 $400.00 $2,880.00 $960.00 $320.00 N/A N/A N/A N/A N/A N/A $3,150.00 $1,050.00 $350.00 N/A N/A N/A $4,725.00 $1,575.00 $525.00 $3,375.00 $1,125.00 $375.00 N/A N/A N/A $6,300.00 $2,100.00 $700.00 $5,805.00 $1,935.00 $645.00 N/A N/A N/A N/A N/A N/A $6,480.00 $2,160.00 $720.00 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 $7,875.00 $3,625.00 $875.00 N/A N/A N/A $1,750.00 $750.00 $250.00 $875.00 $295.00 $98.00 $3,950.00 $1,335.00 $445.00 N/A N/A N/A $2,520.00 $840.00 $280.00 N/A N/A N/A N/A N/A N/A $2,520.00 $840.00 $280.00 N/A N/A N/A $4,950.00 $1,650.00 $550.00 $3,150.00 $1,050.00 $350.00 $4,250.00 $1,545.00 $560.00 N/A N/A N/A $3,960.00 $1,320.00 $440.00 $5,395.00 $1,795.00 $595.00 N/A N/A N/A $5,310.00 $1,770.00 $590.00 N/A N/A N/A N/A N/A N/A $2,520.00 $840.00 $280.00 N/A N/A N/A N/A N/A N/A $3,150.00 $1,050.00 $350.00 N/A N/A N/A N/A N/A N/A $3,960.00 $1,320.00 $440.00 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 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $2,795.00 $995.00 $325.00 N/A N/A N/A $2,520.00 $840.00 $280.00 $2,795.00 $995.00 $325.00 $3,200.00 $1,050.00 $350.00 $2,745.00 $915.00 $305.00 $3,650.00 $1,230.00 $380.00 $4,200.00 $1,320.00 $450.00 $2,970.00 $990.00 $330.00 N/A N/A N/A $3,200.00 $1,050.00 $350.00 $2,520.00 $840.00 $280.00 N/A N/A N/A $4,200.00 $1,350.00 $450.00 $2,745.00 $915.00 $305.00 N/A N/A N/A N/A N/A N/A $1,600.00 $535.00 $180.00 N/A N/A N/A $1,850.00 $750.00 $250.00 $1,575.00 $525.00 $175.00 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 $8,200.00 $2,735.00 $915.00 $1,995.00 $795.00 $245.00 $3,300.00 $1,200.00 $400.00 $1,980.00 $660.00 $220.00 $1,325.00 $675.00 $240.00 $1,818.00 $606.00 $202.00 $1,350.00 $450.00 $150.00 N/A N/A N/A N/A N/A N/A $8,955.00 $2,985.00 $995.00 N/A N/A N/A $4,500.00 $1,500.00 $500.00 $3,000.00 $1,000.00 $335.00 N/A N/A N/A N/A N/A N/A $3,555.00 $1,185.00 $395.00 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 $4,770.00 $1,590.00 $530.00 N/A N/A N/A $7,200.00 $2,400.00 $800.00 $4,950.00 $1,650.00 $530.00 N/A N/A N/A N/A N/A N/A $6,705.00 $2,235.00 $745.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A $1,495.00 $565.00 $185.00 N/A N/A N/A N/A N/A N/A $2,195.00 $895.00 $285.00 $2,600.00 $1,050.00 $350.00 $1,800.00 $600.00 $200.00 $2,450.00 $890.00 $305.00 $3,500.00 $1,650.00 $550.00 $1,800.00 $600.00 $200.00 $1,350.00 $490.00 $175.00 $2,250.00 $750.00 $225.00 $1,395.00 $465.00 $155.00 Annual Bid for Heavy Machinery Rental Bid Tabulation #16-015 Bid Opening Date: January 25, 2016 @ 2:00pm Page 5 Item Description Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price No.Loaders Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily WCTractor BlueLine Rentals Heavy Equipment Rentals 89 Walk Behind 24/33 Width - Diesel N/A N/A N/A N/A N/A N/A N/A N/A N/A Trash Pumps (Hoses Extra) 90 2" Gasoline N/A N/A N/A $478.00 $178.00 $68.00 N/A N/A N/A 91 3" Gasoline N/A N/A N/A $528.00 $188.00 $88.00 N/A N/A N/A 92 4" Diesel - Trailer Mounted N/A N/A N/A $708.00 $408.00 $108.00 N/A N/A N/A 93 6" Diesel - Trailer Mounted N/A N/A N/A $1,798.00 $698.00 $208.00 N/A N/A N/A Air Compressors (Hoses Extra) and Light Towers 94 185 CFM - Diesel Trailer Mounted N/A N/A N/A $678.00 $378.00 $138.00 N/A N/A N/A 95 400 CFM - Deisel Trailer Mounted N/A N/A N/A $1,578.00 $798.00 $398.00 N/A N/A N/A 96 Portable Light Tower w/30' Mast N/A N/A N/A $658.00 $308.00 $88.00 N/A N/A N/A Generators 97 3600 Watts N/A N/A N/A $528.00 $168.00 $68.00 N/A N/A N/A 98 6000 Watts N/A N/A N/A $568.00 $208.00 $78.00 N/A N/A N/A 99 20 KW - Trailer Mounted N/A N/A N/A $1,208.00 $538.00 $208.00 N/A N/A N/A 100 36 KW - Trailer Mounted N/A N/A N/A $1,378.00 $958.00 $188.00 N/A N/A N/A 101 56 KW - Trailer Mounted N/A N/A N/A $1,378.00 $818.00 $218.00 N/A N/A N/A Trenchers 102 Walk Behind 1030 Ditchwitch N/A N/A N/A $1,338.00 $418.00 $168.00 N/A N/A N/A 103 Ride-On Vermeer RT350 N/A N/A N/A $1,788.00 $858.00 $308.00 N/A N/A N/A Rammers 104 Tamper - Multiquip MT5 / MT85 (or equal)N/A N/A N/A $508.00 $208.00 $78.00 N/A N/A N/A Crawler Loaders 105 2.4 Yd Bucket 148 HP - 33,389 lbs N/A N/A N/A N/A N/A N/A N/A N/A N/A 106 3.2 Yd Bucket 189 HP - 45,500 lbs N/A N/A N/A N/A N/A N/A $6,750.00 $2,250.00 $750.00 Disc Plows - 36 Hinge Offset 107 Plow 20 x 30 w/Plow 16/32 N/A N/A N/A N/A N/A N/A N/A N/A N/A Vibratory Plate Compactors 108 Multiquip = 17" to a 19" X 17" to 22" 3350 Centrifical Force or Equivalent N/A N/A N/A $508.00 $208.00 $78.00 N/A N/A N/A Reversible Vibratory Plate Compactors 109 Multiquip - MVH 200DA- 8 HP N/A N/A N/A $598.00 $208.00 $78.00 N/A N/A N/A Welders 110 Lincoln 250 Amps & Multiquip 300 Amps N/A N/A N/A $598.00 $208.00 $78.00 N/A N/A N/A Hydraulic Cranes 111 Carrry Deck Crane - 8 Ton N/A N/A N/A N/A N/A N/A N/A N/A N/A Submersible Pumps (Trash and Centrifugal) 112 2" Electric Centrifugal N/A N/A N/A $438.00 $148.00 $48.00 N/A N/A N/A 113 2" Electrical Trash N/A N/A N/A N/A N/A N/A N/A N/A N/A Paving Breakers (runs off air) 114 60 lbs N/A N/A N/A $398.00 $168.00 $58.00 N/A N/A N/A 115 90 lbs N/A N/A N/A $428.00 $178.00 $68.00 N/A N/A N/A Concrete Vibrators 116 2 HP (Furnished w/shaft & head)N/A N/A N/A $358.00 $138.00 $38.00 N/A N/A N/A 117 3 HP (Furnished w/shaft & head)N/A N/A N/A N/A N/A N/A N/A N/A N/A Delivery Charge Pick Up Charge Fuel Charge per gallon Charge for Cleaning Equipment if Returned Dirty Delivery ARO Location of Nearest Branch NOTES/EXCEPTIONS Cities to supply insurance. Addendum Acknowledged 1 Day Yes N/A Yes See Attached: Rain Days at Zero Charge 1960 N. Earl Rudder Frwy, Bryan, TX 77808 4629 Preim Lane, Pflugerville, TX 78660 1 Day1-2 Days *same day is typical 1395 N. Harvey Mitchell Pkwy, Bryan, TX 77803 See Attached: Damages; Tire Repair; Minimum Rental, Rental Period; Rain Days; Delivery; Emergency Response; Opt. Limited Damage $300.00 $300.00 $8.00 / Gallon $25.00 $8.00 / Gallon $0.00$150.00 $50.00 $50.00 $7.00 / Gallon *varies by market $0.00 *unless excessive $25.00 Annual Bid for Heavy Machinery Rental Bid Tabulation #16-015 Bid Opening Date: January 25, 2016 @ 2:00pm Page 6 Item Description No.Loaders 89 Walk Behind 24/33 Width - Diesel Trash Pumps (Hoses Extra) 90 2" Gasoline 91 3" Gasoline 92 4" Diesel - Trailer Mounted 93 6" Diesel - Trailer Mounted Air Compressors (Hoses Extra) and Light Towers 94 185 CFM - Diesel Trailer Mounted 95 400 CFM - Deisel Trailer Mounted 96 Portable Light Tower w/30' Mast Generators 97 3600 Watts 98 6000 Watts 99 20 KW - Trailer Mounted 100 36 KW - Trailer Mounted 101 56 KW - Trailer Mounted Trenchers 102 Walk Behind 1030 Ditchwitch 103 Ride-On Vermeer RT350 Rammers 104 Tamper - Multiquip MT5 / MT85 (or equal) Crawler Loaders 105 2.4 Yd Bucket 148 HP - 33,389 lbs 106 3.2 Yd Bucket 189 HP - 45,500 lbs Disc Plows - 36 Hinge Offset 107 Plow 20 x 30 w/Plow 16/32 Vibratory Plate Compactors 108 Multiquip = 17" to a 19" X 17" to 22" 3350 Centrifical Force or Equivalent Reversible Vibratory Plate Compactors 109 Multiquip - MVH 200DA- 8 HP Welders 110 Lincoln 250 Amps & Multiquip 300 Amps Hydraulic Cranes 111 Carrry Deck Crane - 8 Ton Submersible Pumps (Trash and Centrifugal) 112 2" Electric Centrifugal 113 2" Electrical Trash Paving Breakers (runs off air) 114 60 lbs 115 90 lbs Concrete Vibrators 116 2 HP (Furnished w/shaft & head) 117 3 HP (Furnished w/shaft & head) Delivery Charge Pick Up Charge Fuel Charge per gallon Charge for Cleaning Equipment if Returned Dirty Delivery ARO Location of Nearest Branch NOTES/EXCEPTIONS Cities to supply insurance. Addendum Acknowledged Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily Monthly Weekly Daily Mustang Rental ServicesHertz Equipment Rental We Rent ItUnited Rentals N/A N/A N/A $2,250.00 $750.00 $225.00 $1,395.00 $465.00 $155.00 $353.00 $118.00 $45.00 $400.00 $155.00 $55.00 $285.00 $95.00 $32.00 $432.00 $144.00 $55.00 $450.00 $165.00 $65.00 $355.00 $120.00 $40.00 $1,320.00 $440.00 $165.00 $650.00 $225.00 $75.00 $495.00 $165.00 $55.00 $1,575.00 $510.00 $170.00 $1,395.00 $465.00 $155.00 $850.00 $285.00 $95.00 $450.00 $165.00 $65.00 $750.00 $420.00 $105.00 $315.00 $105.00 $35.00 $945.00 $425.00 $125.00 N/A N/A N/A $495.00 $165.00 $55.00 $425.00 $165.00 $65.00 $609.00 $261.00 $87.00 $615.00 $205.00 $70.00 $358.00 $140.00 $60.00 $405.00 $135.00 $45.00 $315.00 $105.00 $35.00 $468.00 $190.00 $75.00 $585.00 $260.00 $65.00 $450.00 $150.00 $50.00 $880.00 $345.00 $150.00 $1,152.00 $576.00 $185.00 $810.00 $270.00 $90.00 $1,111.00 $400.00 $145.00 N/A N/A N/A $945.00 $315.00 $105.00 $1,375.00 $550.00 $250.00 $2,250.00 $750.00 $250.00 $1,170.00 $390.00 $130.00 $725.00 $305.00 $105.00 $525.00 $175.00 $125.00 N/A N/A N/A $1,970.00 $870.00 $275.00 $3,600.00 $900.00 $300.00 $1,575.00 $525.00 $175.00 $500.00 $185.00 $70.00 $675.00 $225.00 $75.00 $450.00 $150.00 $50.00 $1,775.00 $645.00 $235.00 N/A N/A N/A $6,210.00 $2,070.00 $690.00 N/A N/A N/A N/A N/A N/A $6,210.00 $2,070.00 $690.00 N/A N/A N/A N/A N/A N/A $1,650.00 $550.00 $185.00 $420.00 $150.00 $55.00 $585.00 $195.00 $65.00 $360.00 $120.00 $40.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A $425.00 $190.00 $75.00 $640.00 $240.00 $80.00 N/A N/A N/A $2,925.00 $975.00 $375.00 N/A N/A N/A N/A N/A N/A $156.00 $52.00 $20.00 N/A N/A N/A $225.00 $75.00 $25.00 N/A N/A N/A $196.00 $84.00 $28.00 $250.00 $85.00 $30.00 $200.00 $85.00 $35.00 $405.00 $135.00 $45.00 $180.00 $60.00 $20.00 $225.00 $95.00 $35.00 $405.00 $135.00 $45.00 $180.00 $60.00 $20.00 $300.00 $110.00 $50.00 $315.00 $135.00 $45.00 N/A N/A N/A $325.00 $120.00 $60.00 $357.00 $153.00 $51.00 N/A N/A N/A $100.00 / $450.00 for items 33 & 53 Oversized Load $6.50 / Gallon $150.00 1-2 Days 8206 W. SH 21, Bryan, TX See Attached: Overtime Rates; Minimum Rental Period; No Charge Rain Days; Delivery Fees; Emergency Response Time; Billing Cycle Yes $100.00 / $450.00 for items 33 & 53 Oversized Load 740 N. Harvey Mitchell Pkwy, Bryan, TX See Attached: Tire Repair and Tire Repalcement Policy Yes $0.00 3737 Airport Blvd., Austin, TX 78722 $325.00 $0.00 5.50 / Gallon N/A 1 Day No See Attached: Standard Hours; Overtime Hours; Days Yes Case by Case 2-3 Days $325.00 $9.99 / Gallon City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0077 Name:Annual traffic contact report Status:Type:Report Consent Agenda File created:In control:2/2/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. Sponsors:Scott McCollum Indexes: Code sections: Attachments:Cover Letter to City Council- Dr. Alex del Carmen.pdf Summary of Analysis- Dr. Alex del Carmen.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): This item is presented according to statutory requirements. Staff requests Council’s acceptance of this report. Summary: Each year, in an effort to remain transparent to our community, the Police Department employs an independent consultant to analyze traffic stop data and develop this report. The report indicates that the department is in compliance with state law and continues to employ best practice strategies. Since January 1, 2002, the College Station Police Department, in accordance with the Texas Racial Profiling Law (SB No. 1074), has been required to implement and maintain policy and procedures to satisfy the requirements of the law. This report indicates that we are in compliance with the law. Budget & Financial Summary: N/A Attachments: •Cover letter to City Council- Dr. Alex del Carmen •Summary of Analysis- Dr. Alex del Carmen •A full copy of 2013 Annual Traffic Contact Report can be viewed in the City Secretary’s Office. College Station, TX Printed on 2/19/2016Page 1 of 1 powered by Legistar™ January 21, 2016 College Station City Council College Station, Texas 77842 Dear Distinguished Members of the City Council, The Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted in 2001 the Texas Racial Profiling Law. Since then, the College Station Police Department, in accordance with the law, has collected and reported traffic and motor vehicle - related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements are now in place. These most recent requirements have been incorporated by the College Station Police Department and are also being addressed in this report. This particular report contains three sections with information on traffic and motor vehicle- related contact data. In addition, when appropriate, documentation is also a component of this report, aiming at demonstrating the manner in which the College Station Police Department has complied with the Texas Racial Profiling Law. In section 1, you will find the table of contents in addition to the Texas Senate Bill (SB1074); which later became the Texas Racial Profiling Law. In addition, you will find the Texas HB 3389, which, in 2009, introduced new requirements relevant to racial profiling. Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCOLE (Texas Commission on Law Enforcement) is included. In addition, you will find, in sections 2 and 3 documentation which demonstrates compliance by the College Station Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to the implement ation of an institutional policy banning racial profiling, the incorporation of a racial profiling complaint process and the training administered to all law enforcement personnel. The last section of this report provides statistical data relevant to contacts, made during the course of motor vehicle stops, between 1/1/15 and 12/31/15. In addition, this section contains the TCOLE Tier 1 form, which is required to be submitted to this particular organization by March 1st of each year. The data in this report has been analyzed and compared to data derived from the U.S. Census Bureau’s Fair Roads Standard. The final analysis and recommendations are also included in this report. The findings in this report serve as evidence of the College Station Police Department’s commitment to comply with the Texas Racial Profiling Law. Sincerely, Alex del Carmen, Ph.D. Del Carmen Consulting, LLC Analysis In 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial Profiling Law. That is, the law came into effect on January 1, 2002 and required all police departments in Texas, to collect traffic-related data and report this information to their local governing authority by March 1st of each year. In 2009, the racial profiling law was modified to include the collection and reporting of all motor vehicle related contacts where a citation was issued or arrest made. In addition, the modification to the law further requires that all police officers indicate whether or not they knew the race or ethnicity of the individual before detaining them. Further, it is required that agencies report motor vehicle related data to their local governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1st of each year. The purpose in collecting and presenting this information is to determine if police officers in a particular municipality are engaging in the practice of racially profiling minority motorists. The Texas Racial Profiling Law also requires police departments to interpret motor vehicle-related data. Even though most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if individual police officers are engaging in racial profiling, from a review and analysis of aggregate/institutional data. In other words, it is challenging for a reputable researcher to identify specific “individual” racist behavior from aggregate -level “institutional” data on traffic or motor vehicle-related contacts. As stated previously, in 2009, the Texas Legislature passed House Bill 3389, which modified the existing Racial Profiling Law by adding new requirements; this took effect on January 1st, 2010. These most recent changes include, but are not exclusive of, the re -definition of a contact to include motor vehicles where a citation was issued or an arrest made. In addition, it requires police officers to indicate if they knew the race or ethnicity of the individual be fore detaining them. Also, the more recent law requires adding "middle eastern" to the racial and ethnic category and submitting the annual data report to TCOLE before March 1st of each year. I am pleased to inform you that these additional requirements have been addressed, since 2009, by the College Station Police Department as it is demonstrated throughout this report. In an effort to comply with The Texas Racial Profiling Law, the College Station Police Department commissioned the analysis of its 2015 motor vehicle contact data. Thus, three different types of data analyses were performed. The first of these involved a careful evaluation of the 2015 motor vehicle-related data. This particular analysis measured, as required by the law, the number and percentage of Caucasians, African Americans, Hispanics, Asians, Native Americans, Middle Easterners and individuals belonging to the “other” category, that came in contact with the police in the course of a motor vehicle related contact, and were either is sued a citation or arrested. Further, the analysis included information relevant to the number and percentage of searches (table 1) while indicating the type of search performed (i.e., consensual or probable cause). Also, the data analysis included the number and percentage of individuals who, after they came in contact with the police for a motor vehicle -related reason, were arrested. The additional data analysis performed was based on a comparison of the 2015 motor vehicle contact data with a specific baseline. When reviewing this particular analysis, it should be noted that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing motor vehicle-related contact information. Of the baseline measures available , the College Station Police Department opted to adopt, as a baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau (2010) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households. It is clear that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the College Station Police Department in 2015 but live outside city limits. In some cases, the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all motor vehicle -related contacts made in a given year. Since 2002, several civil rights groups in Texas expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of “households” that have access to vehicles. Thus, proposing to compare “households” (which may have multiple residents and only a few vehicles) with “contacts” (an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this, the College Station Police Department made a decision that it would use this form of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its “good will” and “transparency” before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to College Station. The final analysis was conducted while using the 2002--2009 traffic data and the 2010— 2015 motor-vehicle related data. Specifically, all traffic -related contacts made in 2009 were compared to similar figures reported in 2002, 2003, 2004, 2005, 2006, 2007 and 2008. Similarly, motor vehicle contact data was compared while using data from 2010, 2011, 2012, 2013, 2014 and 2015. There is no question that the comparison of fourteen years of traffic/motor vehicle contact data highlight areas of consistency with regards to traffic and motor vehicle-related contacts. That is, the fourteen-year comparison has the potential of revealing indicators that a possible trend of traffic and motor vehicle-based contacts with regards to members of a specific minority group, may in fact, develop. Tier 1 (2015) Motor Vehicle-Related Contact Analysis When analyzing the Tier 1 data collected in 2015, it was evident that most motor vehicle - related contacts were made with Caucasian drivers. This was followed by Hispanic and African American drivers. With respect to searches, most of them were performed on Caucasian drivers. This was followed by African Americans and Hispanics. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in motor vehicle -related contacts; this was followed by African Americans and Hispanics. Fair Roads Standard Analysis The data analysis of motor vehicle contacts to the census data relevant to the number of “households” in College Station who indicated, in the 2010 census, that they had access to vehicles, produced interesting findings. Specifically, the percentage of individuals of Caucasian and Asian descent that came in contact with the police was lower than the percentage of Caucasian and Asian households in College Station that claimed, in the 2010 census, to have access to vehicles. With respect to African Americans and Hispanics, a higher percentage of contacts were detected. That is, the percentage of African American and Hispanic drivers that came in contact with the police in 2015 was higher than the percentage of African American and Hispanic households in College Station with access to vehicles. Fourteen-Year Comparison The fourteen-year comparison (02-15) of traffic and motor vehicle related -contact data showed some similarities. As illustrated in table 3, the percentage of drivers (from different racial/ethnic groups) that came in contact with the College Station Police in 2015 was similar to the percentage of drivers, from the same racial/ethnic groups that came in contact with the College Station Police Department from 2002 to 2014. However, a few differences were noted. When comparing 2015 to the previous years, there was an increase in percentage of contacts among Hispanic and Asian drivers. A decrease in percentage was detected among Caucasians and African Americans. It is clear that commonalities in the data existed, when analyzing the search-related contacts for all fourteen years. A decrease in percentage was noted among Caucasians; the opposite was true for African Americans and Hispanics. When considering the arrests made, the data revealed that the percentage of arrests increased among Hispanics and Asians while a decrease in percentage was evident among Caucasians and African Americans. It should be noted that the 2010, 2011, 2012, 2013, 2014 and 2015 data should be analyzed while considering that since January 1st of 2010, a contact was re-defined by the law; thus, making it statistically challenging to compare traffic contacts (collected and reported from 2002 -2009) with motor vehicle contacts (collected and reported since 2010). Summary of Findings The comparison of motor vehicle contacts showed that the College Station Police Department came in contact (in motor vehicle -related incidents) with a higher percentage of African American and Hispanic drivers than the percentage that resided in College Station and had access to vehicles. Further, the data suggested that the percentage of Caucasian and Asian drivers that came in contact with the police in 2015 was lower than the percentage of Caucasian and Asian households in College Station with access to vehicles. In addition, the data showed that in a large number of instances, officers did not know the race or ethnicity of individuals before detaining them, when compared to instances where officers knew the race/ethnicity of individuals before they were detained. An examination of the fourteen-year traffic and motor vehicle-related contact data suggested that the College Station Police Department has been, for the most part, consistent in the racial/ethnic composition of motorists it comes in contact with during a given year. The consistency of contacts for the past fourteen years is in place despite the fact the city demographics may have changed, thus, increasing the number of subjects likely to come in contact with the police. While considering the findings made in this analysis, it is recommended that the College Station Police Department should continue to collect and evaluate additional information on motor vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may prove to be useful when determining the nature of the contacts police officers are making with all individuals; particularly with African Americans and Hispanics. Although this additional data may not be required by state law, it is likely to provide insights regarding the nature and outcome of all motor vehicle contacts made with the public. As part of this effort, the College Station Police Department is also encouraged to: 1) Perform an independent search analysis on the search data collected in the first quarter of 2016. 2) Commission data audits in 2016 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported. The College Station Police Department has, once again, complied with the Texas Racia l Profiling Law. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0079 Name:Community Development Block Grant Economic Development Program Guidelines Status:Type:Presentation Consent Agenda File created:In control:2/4/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion of proposed Community Development Block Grant Economic Development Program Guidelines. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Attachment 1-CDBG Economic Development Guidelines - Draft.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of proposed Community Development Block Grant Economic Development Program Guidelines. Relationship to Strategic Goals: ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): Staff recommends approval. Summary: City Council received a presentation regarding these guidelines at the February 11, 2016 meeting. The City's Community Development Block Grant (CDBG) funds can be used to carry out a wide variety of economic development activities with the purpose of providing employment opportunities for low and moderate income people. The proposed CDBG Economic Development Program Guidelines have been developed to meet the requirements of the grant, provide a versatile tool to be used by the City's Economic Development staff to further the City's economic development goals, and encourage the creation of jobs. Following approval of these guidelines, specific procedures will be developed along with an application and standard contract. The procedures will specify the make-up of the CDBG Economic Development Loan Committee. Budget & Financial Summary: $50,000.00 in CDBG funding was allocated in the current year Action Plan and budget. Attachments: Attachment 1: CDBG Economic Development Program Guidelines College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0079,Version:1 College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ 1 CITY OF COLLEGE STATION CDBG ECONOMIC DEVELOPMENT PROGRAM PROGRAM GUIDELINES Unless herein stated otherwise, the general operating procedures contained in 24 CFR Part 570 (Community Development Block Grant Program) will be followed. A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW The City of College Station (City) Economic Development Program (EDP) is funded through the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds. Additionally, the City may utilize other local, state, or federal resources that become available. All assistance is under the provisions of 24 CFR § 570, specifically 24 CFR § 570.203 (Special Economic Development Activities), 24 CFR § 570.209 (Guidelines for Evaluating and Selecting Economic Development Projects), 24 CFR § 570.210 (Prohibition on use of Assistance for Employment Relocation Activities), 24 CFR § 570.208 (National Objective Regulations), and 24 CFR § 570.506 (Documentation Regulations). Assistance under the EDP will be prioritized for projects that further the City’s economic development strategy as outlined in the City of College Station Comprehensive Plan, the City of College Station Economic Development Master Plan, and the City’s Consolidated Plan. The City must ensure that not less than 70% of its CDBG funds are used for activities that benefit low -and moderate-income (LMI) persons (at or below 80% of median). This is achieved by granting maximum feasible priority to activities that meet one of the following federal National Objectives: benefit low - and moderate-income persons or families; or aid in the prevention or elimination of slums or blight; or meet an urgent community development need. The City’s CDBG Economic Development program achieves the National Objective by providing job and economic opportunities for LMI persons. City CDBG Economic Development programs provide grants, low interest rate loans with flexible repayment terms, and other loan products to assist qualifying businesses who undertake activities resulting in the creation or retention of job opportunities for LMI persons. B. GENERAL CONDITIONS Business loans and grants may be provided to eligible business concerns under the following general conditions, which also include HUD Appendix A, Guidelines and Objectives for Evaluating Project Costs and Financial requirements, also referred to as HUD’s underwriting guidelines at 24 CFR § 570.209 (a). Loans can be provided in tandem with commercial financing and must be used to provide “gap” financing for projects with conventional lenders. The guidelines do not preclude the use of other acceptable underwriting standards that include at a minimum those found at 24 CFR § 570.209 (a). C. CDBG National Objective and Public Benefit Determination Each loan funded must meet a national objective under the CDBG regulations. Inasmuch as the funds were provided under the economic development activity located at 24 CFR § 570.203 (Special Economic Development Activities), in order to meet a CDBG national objective the project must: 2  Create a full time permanent job within two years of receiving the funds for each $35,000 of CDBG funds received by the applicant, or  Meet the presumed benefit of creating a job, if it can documented that o The employee lives in a census tract with 70% LMI, or o Lives within an Empowerment Zone (EZ) or Enterprise Community (EC), or o The employee lives in a census tract with a 20% poverty rate (30% poverty if it includes the Central Business District (CBD) and evidences pervasive poverty and general distress, or o The business /job is located in EC/EZ, or o The business is located in an area with 20% poverty (30% if the area includes CBD and evidences pervasive poverty and general distress) D. ELIGIBILITY CRITERIA Eligible participants for the EDP include on-going and start-up private, for profit businesses and nonprofit businesses, that are classified as industrial, commercial, service or retail business, and that are located in or expanding to the City of College Station. Projects to be financed under the EDP must be located within the incorporated area of the City of College Station. No outstanding unpaid judgments or involuntary liens at the time the City’s loan is recorded. No bankruptcies, which have not been dismissed prior to the recordation. EDP fund shall not be available for the following business: 1) Speculative investment companies 2) Real estate investment companies 3) Lending institutions 4) Gambling operations 5) Assistance to professional sports teams 6) Acquisition of land for which a specific proposed use has not yet been identified 5) Other businesses not serving the interest of the City E. JOB CREATION AND RETENTION The EDP will provide funds to support economic development projects that involve the creation or retention of permanent jobs, at least 51% of which must benefit LMI persons. In calculating employment opportunities to be used for determining the percentage of jobs that benefit LMI persons, the following applies:  Part-time jobs must be converted to full-time equivalents (FTE). An FTE job is any combination of two or more part-time jobs that, when combined together, constitute the equivalent of a job of at least 40 hours per week.;  Only permanent jobs count; temporary jobs may not be included;  Seasonal jobs are considered to be permanent if the season is long enough for the job to be considered as the employee’s principal occupation; and  Jobs indirectly created or retained by an assisted activity are not eligible to be counted. 3 A Public Benefit must be realized by achieving the following:  In the aggregate by creating or retaining at least one full-time (FTE) permanent job per $35,000 of CDBG funds expended.  On an individual standard, the amount of CDBG funding cannot exceed $50,000 per full -time (FTE), permanent job created or retained.  The following activities may be excluded from the aggregate standards: o Those that provide jobs for homeless persons o Those that provide jobs for low skilled LMI persons where there are clear opportunities for advancement o Those that provide opportunities for persons residing in a census tract where at least 20% of the residents are in poverty o Those that stabilize or revitalize a neighborhood that has at least 70% LMI residents If the low and moderate income job creation/retention national objective is not met by a business within t wo years of receiving the funding, the funding will be required to be returned to the City. F. APPLICATION PROCEDURES Preliminary Meeting Prior to submission of an application, the potential applicant shall meet with City staff to discuss the proposed project, program requirements, and application process. Application Format Applicants shall submit a proposal consisting of the following information:  A completed EDP Application Form, as provided at the preliminary meeting.  A business plan completed within one year of application, which includes the minimum requirements outlined in the application.  Documentation and/or statement of the need for EDP involvement in the project.  Documentation of commitments of other lender(s) and/or source and commitment of leveraged funds.  Financial information as outlined in the application. Application Submittal The completed application and all required attachments shall be submitted to: City of College Station Community Services Department. Community Services staff will provide complete directions for application submittal in the Preliminary Meeting. Approval of applications will be subject to the availability of EDP dollars. G. REVIEW PROCESS Staff Review Staff will review the application for completeness and verify that the proposed project meets the standards and eligibility requirements. If the application is incomplete, staff will contact the applicant and list the deficiencies. The review process will not continue until all deficiencies have been addressed. Staff will analyze the complete application and prepare a recommendation for the Loan Committee. 4 Environmental Clearance The proposed project must receive official environmental clearance from the city pr ior to the applicant committing funds or the expenditure of any of the EDP funds. This is a federal requirement and will be completed by Community Services staff, in conjunction with the applicant. Credit Check Staff will perform a credit check on both the company’s principals and on the business. Preliminary Negotiation of Terms Upon completion of the application review with a favorable recommendation, City staff may meet with the applicant to negotiate and arrive at a consensus on the preliminary recommended terms including, the loan amount, interest rate, term of loan, collateral, and repayment schedule. The preliminary terms will be part of the loan package recommendation for the Loan Committee’s consideration. Loan Committee Review The Loan Committee will meet to review the application, receive the staff recommendation, and approve or deny the application and any associated funding. Notice of Award / Denial of Application If the application is approved and negotiation of terms is successful, the applicant will receive a notice of award letter. If the application is not approved, the applicant will receive a letter of denial stating the reason for denial. The notice of award letter will have a schedule of when loan documents should be complete and a suggested loan closure date. H. DISTRIBUTION OF FUNDS TO APPROVED APPLICANTS Loan Agreement Prior to the city’s distribution of EDP funds, all appropriate documents such as a loan agreement, promissory note, repayment schedule, security instruments, personal guarantee and any others appropriate or required documents will be prepared and executed. Evidence of Expenditures The business must provide documentation related to EDP fund expenditures prior to release of EDP funds. Such documentation will be for expenditures outlined in the application and the loan agreement , and will include invoices, receipts and/or final bills of sale or canceled checks as determined appropriate by City staff. Reimbursement for approved eligible expenditures will only be disbursed to the borrower. I. CONFLICT OF INTEREST STATEMENT No member of the governing body, or any other official, employee, or agent of the Community who exercises decision-making functions or responsibilities in connection with the implementation of this program is eligible for financial assistance under this program. Recipients of EDP funds will ensure and certify that no conflicts of interest exist pursuant to Chapter 171 of the Texas Local Government Code. 5 Recipients will also ensure compliance with applicable provisions under 24 CFR Sections 84.40 - 84.48 and OMB Circular A-110 in the procurement of property and services. J. ANTI-DISPLACEMENT POLICY STATEMENT 1. The City shall not engage or participate in any activities that influence the permanent and/or involuntary relocation or displacement of any low-income family due to the DAP pursuant to the provisions of 24 CFR§ 92.353 Displacement, Relocation, and Acquisition. 2. It is not anticipated that it would be necessary to relocate any families. However, the City will follow the relocation procedures as set forth in its adopted Anti -Displacement Policy if the need does arise. K. EQUAL OPPORTUNITY STATEMENT The City of College Station is committed to providing equal opportunity for minority - or women-owned businesses to compete and obtain contracts for City sponsored projects, and will comply with the provisions of 24 CFR § 92.350 (Other Federal requirements and nondiscrimination) and 24 CFR § 92.351 (Affirmative marketing; minority outreach program). L. OTHER FEDERAL REQUIREMENTS 1) The use of EDP funds must be determined to be “necessary and appropriate” as defined by HUD guidelines. 2) Federal Equal Opportunity Requirements apply to all EDP funded projects. 3) Federal Fair Labor Standards Requirements apply to construction and rehabilitation if EDP dollars are used to fund all or part of the construction or rehabilitation elements of the project (i.e. Davis-Bacon rules apply for all construction activities). 4) Generally, federally assisted buildings and facilities must be handicapped accessible. 5) These guidelines are subject to the Inspector General Act of 1978. 6) The project is subject to any other applicable state and federal regulations. M. References Applicable regulations at 24 CRF, Part 570 and HUD’s Economic Development Tool Kit were used to develop these guidelines, and should be referred to as necessary. 6 Appendix A Part 570—Guidelines and Objectives for Evaluating Project Costs and Financial Requirements I. Guidelines and Objectives for Evaluating Project Costs and Financial Requirements. HUD has developed the following guidelines that are designed to provide the recipient with a framework for financially underwriting and selecting CDBG-assisted economic development projects which are financially viable and will make the most effective use of the CDBG funds. The use of these underwriting guidelines as published by HUD is not mandatory. However, grantees electing not to use these und erwriting guidelines would be expected to conduct basic financial underwriting prior to the provision of CDBG financial assistance to a for-profit business. States electing not to use these underwriting guidelines would be expected to ensure that the state or units of general local government conduct basic financial underwriting prior to the provision of CDBG financial assistance to a for-profit business. II. Where appropriate, HUD's underwriting guidelines recognize that different levels of review are appropriate to take into account differences in the size and scope of a proposed project, and in the case of a microenterprise or other small business to take into account the differences in the capacity and level of sophistication among businesses of differing sizes. III. Recipients are encouraged, when they develop their own programs and underwriting criteria, to also take these factors into account. For example, a recipient administering a program providing only technical assistance to small businesses might choose to apply underwriting guidelines to the technical assistance program as a whole, rather than to each instance of assistance to a business. Given the nature and dollar value of such a program, a recipient might choose to limit its evaluation to factors such as the extent of need for this type of assistance by the target group of businesses and the extent to which this type of assistance is already available. IV. The objectives of the underwriting guidelines are to ensure: (1) That project costs are reasonable; (2) That all sources of project financing are committed; (3) That to the extent practicable, CDBG funds are not substituted for non -Federal financial support; (4) That the project is financially feasible; Code of Federal Regulations / Title 24 - Housing and Urban Development / Vol. 3 / 2012-04-01175 (5) That to the extent practicable, the return on the owner's equity investment will not be unreasonably high; and (6) That to the extent practicable, CDBG funds are disbursed on a pro rata basis with other finances provided to the project. i. Project costs are reasonable. i. Reviewing costs for reasonableness is important. It will help the recipient avoid providing either too much or too little CDBG assistance for the proposed project. The refore, it is suggested that the grantee obtain a breakdown of all project costs and that each cost element making up the project be reviewed for reasonableness. The amount of time and resources the recipient expends evaluating the reasonableness of a cost element should be commensurate with its cost. For example, it 7 would be appropriate for an experienced reviewer looking at a cost element of less than $10,000 to judge the reasonableness of that cost based upon his or her knowledge and common sense. For a cost element in excess of $10,000, it would be more appropriate for the reviewer to compare the cost element with a third-party, fair-market price quotation for that cost element. Third-party price quotations may also be used by a reviewer to help determine the reasonableness of cost elements below $10,000 when the reviewer evaluates projects infrequently or if the reviewer is less experienced in cost estimations. If a recipient does not use third-party price quotations to verify cost elements, then the rec ipient would need to conduct its own cost analysis using appropriate cost estimating manuals or services. ii. The recipient should pay particular attention to any cost element of the project that will be carried out through a non-arms-length transaction. A non-arms-length transaction occurs when the entity implementing the CDBG assisted activity procures goods or services from itself or from another party with whom there is a financial interest or family relationship. If abused, non -arms-length transactions misrepresent the true cost of the project. 2. Commitment of all project sources of financing. The recipient should review all projected sources of financing necessary to carry out the economic development project. This is to ensure that time and effort is not wasted on assessing a proposal that is not able to proceed. To the extent practicable, prior to the commitment of CDBG funds to the project, the recipient should verify that: sufficient sources of funds have been identified to finance the project; all participating parties providing those funds have affirmed their intention to make the funds available; and the participating parties have the financial capacity to provide the funds. 3. Avoid substitution of CDBG funds for non-Federal financial support. i. The recipient should review the economic development project to ensure that, to the extent practicable, CDBG funds will not be used to substantially reduce the amount of non-Federal financial support for the activity. This will help the recipient to make the most efficient use of its CDBG funds for economic development. To reach this determination, the recipient's reviewer would conduct a financial underwriting analysis of the project, including reviews of appropriate projections of revenues, expenses, d ebt service and returns on equity investments in the project. The extent of this review should be appropriate for the size and complexity of the project and should use industry standards for similar projects, taking into account the unique factors of the p roject such as risk and location. ii. Because of the high cost of underwriting and processing loans, many private financial lenders do not finance commercial projects that are less than $100,000. A recipient should familiarize itself with the lending practices of the financial institutions in its community. If the project's total cost is one that would normally fall within the range that financial institutions participate, then the recipient should normally determine the following: A. Private debt financing—whether or not the participating private, for-profit business (or other entity having an equity interest) has applied for private debt financing from a commercial lending institution and whether that institution has completed all of its financial underwriting and loan approval actions resulting in either a firm commitment of its funds or a decision not to participate in the project; and B. Equity participation—whether or not the degree of equity participation is reasonable given general industry standards for rates of return on equity for similar projects with similar risks and given the financial capacity of the entrepreneur(s) to make additional financial investments. 8 iii. If the recipient is assisting a microenterprise owned by a low- or moderate-income person(s), in conducting its review under this paragraph, the recipient might only need to determine that non -Federal sources of financing are not available (at terms appropriate for such financing) in the community to serve the low- or moderate-income entrepreneur. 4. Financial feasibility of the project. i. The public benefit a grantee expects to derive from the CDBG assisted project (the subject of separate regulatory standards) will not materialize if the project is not financially feasible. To determine if there is a reasonable chance for the project's success, the recipient should evaluate the financial viability of the project. A project would be considered financially viable if all of the assumptions about the project's market share, sales levels, growth potential, projections of revenue, project expenses and debt service (including repayment of the CDBG assistance if appropriate) were determined to be realistic and met the project's break-even point (which is generally the point at which all revenues are equal to all expenses). Generally speaking, an economic development project that does not reach this break-even point over time is not financially feasible. The following should be noted in this regard: Code of Federal Regulations / Title 24 - Housing and Urban Development / Vol. 3 / 2012-04-01176 A. some projects make provisions for a negative cash flow in the early years of the project while space is being leased up or sales volume built up, but the project's projections should take thes e factors into account and provide sources of financing for such negative cash flow; and B. it is expected that a financially viable project will also project sufficient revenues to provide a reasonable return on equity investment. The recipient should ca refully examine any project that is not economically able to provide a reasonable return on equity investment. Under such circumstances, a business may be overstating its real equity investment (actual costs of the project may be overstated as well), or it may be overstating some of the project's operating expenses in the expectation that the difference will be taken out as profits, or the business may be overly pessimistic in its market share and revenue projections and has downplayed its profits. ii. In addition to the financial underwriting reviews carried out earlier, the recipient should evaluate the experience and capacity of the assisted business owners to manage an assisted business to achieve the projections. Based upon its analysis of these factors, the recipient should identify those elements, if any, that pose the greatest risks contributing to the project's lack of financial feasibility. 5. Return on equity investment. To the extent practicable, the CDBG assisted activity should provide not more than a reasonable return on investment to the owner of the assisted activity. This will help ensure that the grantee is able to maximize the use of its CDBG funds for its economic development objectives. However, care should also be taken to avoid the situation where the owner is likely to receive too small a return on his/her investment, so that his/her motivation remains high to pursue the business with vigor. The amount, type and terms of the CDBG assistance should be adjusted to allow the owner a reas onable return on his/her investment given industry rates of return for that investment, local conditions and the risk of the project. 6. Disbursement of CDBG funds on a pro rata basis. To the extent practicable, CDBG funds used to finance economic development activities should be disbursed on a pro rata basis with other funding sources. Recipients should be guided by the principle of not placing CDBG funds at significantly greater risk than non-CDBG funds. This will help avoid the situation where it is learned that a problem has 9 developed that will block the completion of the project, even though all or most of the CDBG funds going in to the project have already been expended. When this happens, a recipient may be put in a position of having to provide additional financing to complete the project or watch the potential loss of its funds if the project is not able to be completed. When the recipient determines that it is not practicable to disburse CDBG funds on a pro rata basis, the recipient should consider taking other steps to safeguard CDBG funds in the event of a default, such as insisting on securitizing assets of the project. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0085 Name:Meter Reading Outsourcing Status:Type:Presentation Consent Agenda File created:In control:2/8/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion regarding the award of a three year general services contract (contract no. 16300021; RFP no. 16-005) for Electric and Water Meter Reading Services to Alexander’s Contract Services, Inc. in an amount not to exceed $550,000 per year, or $1,650,000 over the three year period. Sponsors:Jeff Kersten Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the award of a three year general services contract (contract no. 16300021; RFP no. 16-005) for Electric and Water Meter Reading Services to Alexander’s Contract Services, Inc. in an amount not to exceed $550,000 per year, or $1,650,000 over the three year period. Recommendation(s):Staff recommends Council approve the contract with Alexander’s Contract Services, Inc. for Electric and Water Meter Reading Services. Summary: The City received five (5) RFP responses. The responses were reviewed and Alexander’s Contract Services, Inc. was chosen to negotiate a contract. This contract will be for an original term of three years in an amount not to exceed $550,000 per year for an amount not to exceed a total of $1,650,000 for a three year period with the option to renew for two additional one year terms for a total of five years. Alexander’s Contract Services, Inc. has provided meter reading services to municipalities, water districts and other utility companies since 1968. The City of College Station is requesting the approval of this contract in order for the reading of electric and water meters to be outsourced. Meter Services continues to struggle with staffing issues, which causes customers’ utility bills to occasionally be for 34+ days, not to mention the continued growth in the City causing strain on our current staffing level. Alexander’s Contract Services, Inc. would perform meter reading daily, for both electric and water meters. They would also assist in completing Connect and Disconnect work orders during heavy move in and move out periods in July and August. Over the three year contract Alexander’s Contract Services, Inc. will provide meter reading services on a daily basis, and assist in completing work orders as needed in July and August for connect and disconnect requests. Budget & Financial Summary:The outsourcing of this service will be paid for from the existing budget College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0085,Version:1 for Meter Services. The funds are budgeted and available in the Utility Customer Service budget. Attachments: General Services Contract available in City Secretary’s Office College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0086 Name:Barron Capstone Alignment Preliminary Engineering Report Status:Type:Contract Consent Agenda File created:In control:2/8/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion on a professional services contract (Contract No. 16300247) with Halff Associates in the amount of $81,676 for the professional engineering services related to the preliminary engineering report associated with the design of the Capstone & Barron Alignment project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a professional services contract (Contract No. 16300247) with Halff Associates in the amount of $81,676 for the professional engineering services related to the preliminary engineering report associated with the design of the Capstone & Barron Alignment project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the professional services contract. Summary: This project includes the alignment of Capstone Drive and Barron Road from SH 40 through FM 2154. Barron and Capstone will be aligned to intersect FM 2154 at the same junction. This project was approved with the FY16 budget to be funded with certificates of obligation and is one of several transportation projects prioritized by the 2015 Citizen Advisory Committee. This contract scope includes public engagement, alignment alternatives and analysis, a traffic engineering study, and a preliminary engineering report. Budget & Financial Summary: A total project budget of $5,635,000 is included for this project in the Streets Capital Improvement Projects Fund. Reviewed and Approved by Legal: Yes Attachments: 1.Contract No. 16300247 (on file with the City Secretary’s Office) 2.Project Location Map College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0086,Version:1 College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ WILLIAMDFITCHPWFM2154FM 2154A S P E N HEIGHTS TREELINEDRCHEYENNE DRMCLISTERDRBUGGY LNMCFARLANDDRBARRONCUT-OFFR D B U C K IN G H A M C RSILVEROAK A P R IC O T G L E N S U Z A N N E P L A C EALACIA CT PROJECT LOCATION Capstone & Barron Alignment. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0087 Name:FM 2154 Sidewalks Luther to Southwest Parkway Status:Type:Contract Consent Agenda File created:In control:2/8/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion regarding the approval of a construction contract (Contract No. 16300178) with Norman Concrete Services, LLC in the amount of $198,786 for the construction of sidewalk improvements along FM 2154 (Bid No. 16-035) and presentation, possible action and discussion regarding the rejection of Bid No. 15-041. Sponsors:Donald Harmon Indexes: Code sections: Attachments:15-041 Tab.pdf 16-035 Tab.pdf FM 2154 SW Map.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the approval of a construction contract (Contract No.16300178) with Norman Concrete Services,LLC in the amount of $198,786 for the construction of sidewalk improvements along FM 2154 (Bid No. 16-035) and presentation, possible action and discussion regarding the rejection of Bid No. 15-041. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the construction contract and rejection of Bid No. 15-041. Summary:The FM 2154 Improvements Project (ST-1203)will construct a sidewalk located approximately 3-feet beyond the existing back of curb on the east side of FM 2154 between Southwest Parkway and Luther Street.The project was originally bid in April 2015 (Bid Tabulation 15-041 attached).The received bid was in excess of the project budget.Staff worked with the design consultant and coordinated with TxDOT to bring the scope of work back within the project budget. The project was rebid (Bid Tabulation 16-035 attached) and the revised scope of work came in under budget. Budget & Financial Summary: This project is being funded with Community Development Block Grant (CDBG) funds. CDBG funds in the amount of $595,155 have been allocated to this project. A total of $385,382 has been encumbered or committed to date, leaving a balance of $209,773 for this construction contract and remaining expenditures. Attachments: 1.Contract No. 16300178 (on file with the City Secretary) 2.Bid Tabulation 16-035 3.Bid Tabulation 15-041 College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0087,Version:1 4.Project Location Map College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #15-041 "FM 2154 Sidewalk Improvements (CDBG)" Open Date: Thursday, April 30, 2015 @ 2:00 p.m. ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE CATEGORY 1.01 1 LS Mobilization / Demobilization $14,268.02 $14,268.02 1.02 4720 LF Surface Run-Off Siltation Barrier (Silt Fence)$2.90 $13,688.00 1.03 1 EA Erosion Control Log for Stockpiling Refuse (100' - Moveable, Re-Usable)$776.37 $776.37 1.04 2 LS Curb Inlet Run-Off Protection (Sandbags)$275.90 $551.80 1.05 1 LS Traffic Control Implimentation $37,367.67 $37,367.67 1.06 4 EA Sign Removal & Replacement (includes galvanized hardware)$673.69 $2,694.76 1.07 2 EA Water Meter, Water Valve Height Adjustment $579.63 $1,159.26 1.08 4800 SF Grass Sod Replacement (Bermuda)$1.52 $7,296.00 1.09 1 LS Private Irrigation / Sprinkler Relocation $4,755.89 $4,755.89 2.01 3155 SF Demo Existing Sidewalks, Ramps & Misc. Pavements (includes removal, hauling & disposal)$5.81 $18,330.55 2.02 4446 SF Pavement Removal (Asphalt/Conc up to 6" depth ) (includes saw-cutting, removal, disposal) $5.71 $25,386.66 2.03 303 SF Sta 6+75 Private Drive Apron Removal (Asphalt/Conc up to 6", includes saw- cutting, removal, disposal) $7.21 $2,184.63 2.04 298 LF Existing Curb and Gutter Removal (includes saw-cutting, removal, hauling & disposal)$8.58 $2,556.84 2.05 100 LF Fence Relocate (Sta 20+75 - Sta 21+75)$15.25 $1,525.00 2.06 45 LF Fence Removal (Sta 23+50 - Sta 23+95)$11.57 $520.65 2.07 19 LF Fence Removal (Sta 28+20 - Sta 28+39)$11.57 $219.83 3.01 14231 SF 4" Thk. Reinforced Concrete Sidewalks (includes grubbing, ground preparation)$8.15 $115,982.65 3.02 813 SF 4" Thk. Residential Concrete Driveway (Detail ST2-00)$8.83 $7,178.79 3.03 1425 SF 6" Thk. Commercial Concrete Driveway - Detail ST2-03 (includes subgrade preparation)$12.23 $17,427.75 3.04 1359 SF Holleman Drive: 8" Thk. Commercial Concrete Driveway - (includes subgrade preparation)$13.59 $18,468.81 3.05 595 SF Southland Street: 6" Thk. Commercial Concrete Driveway - Detail ST2-03 (includes subgrade preparation)$12.23 $7,276.85 3.06 303 SF Sta 6+75 Private Drive - 6" Concrete Apron Driveway - Detail ST2-03 (includes subgrade preparation)$12.23 $3,705.69 3.07 3 EA TxDOT Radial Ramp Type 5 $1,222.94 $3,668.82 3.08 5 EA TxDOT Ramp Type 6 $1,222.94 $6,114.70 3.09 8 EA TxDOT Ramp Type 7 $1,019.12 $8,152.96 3.10 2 EA A.D.A. Ramp SW3.04 $611.47 $1,222.94 3.11 1 EA A.D.A. Ramp (Sta 8+80)$1,019.12 $1,019.12 3.12 4 LS Pavement Striping (Street Crosswalk, ADA Path)$679.41 $2,717.64 3.13 150 LF New 6" Raised Curb (Doweled)$16.31 $2,446.50 ADD ALTERNATE 1 - PRIVATE DRIVE IMPROVEMENTS (STA 6+75) 4.01 499 SF Demo Complete Existing Driveway Apron (includes removal, hauling & disposal)$7.68 $3,832.32 4.02 499 SF 6" Thk. Commercial Concrete Driveway Detail ST2-03 (includes subgrade preparation)$12.23 $6,102.77 4.03 303 SF DEDUCT LINE ITEM # 2.03 -$7.21 -$2,184.63 4.04 303 SF DEDUCT LINE ITEM # 3.06 -$12.23 -$3,705.69 4.05 33 SF Net Additional 4" Thk. Sidewalk $8.83 $291.39 4.06 8 LF Fence Removal & Disposal $20.66 $165.28 4.07 1 LS Brick Flowerbed Removal & Disposal $937.46 $937.46 ADD ALTERNATE 2 - HIGH EARLY STRENGTH (HES) CONCRETE (HOLLEMAN DR. APRON) 5.01 1359 SF Holleman Drive: 8" Thk. Commercial Concrete Driveway- Detail Sheet C- 5 (includes subgrade preparation)$14.65 $19,909.35 5.02 1359 SF DEDUCT LINE ITEM # 3.04 -$13.59 -$18,468.81 DUDLEY CONSTRUCTION, LTD. $1,440.54 TOTAL BID AMOUNT $328,665.15 ADD ALTERNATE 1 TOTAL $5,438.90 ADD ALTERNATE 2 TOTAL Page 1 of 1 City of College Station - Purchasing DivisionBid Tabulation for #16-035"FM 2154 Sidewalk Improvements Project"Open Date: Thursday, January 14, 2016 @ 2:00 p.m.ITEMQTYUNITDESCRIPTIONUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICEUNIT PRICETOTAL PRICECATEGORY1.011LSMobilization / Demobilization$21,846.95 $21,846.95 $34,254.00 $34,254.00 $19,769.94 $19,769.94 $9,730.08 $9,730.08 $26,400.00 $26,400.00 $11,450.93 $11,450.93 $8,625.00$8,625.00 $43,000.00 $43,000.001.024720LFSurface Run-Off Siltation Barrier (Silt Fence)$3.10 $14,632.00 $1.46 $6,891.20 $2.20 $10,384.00 $1.40 $6,608.00 $2.00 $9,440.00 $3.10 $14,632.00 $1.64 $7,740.80 $4.00 $18,880.001.031EAErosion Control Log for Stockpiling Refuse (100' - Moveable, Re-Usable)$1,500.00 $1,500.00 $108.00 $108.00 $666.39 $666.39 $385.00 $385.00 $360.00 $360.00 $756.11 $756.11 $172.50 $172.50 $1,500.00 $1,500.001.042LSCurb Inlet Run-Off Protection (Sandbags)$100.00 $200.00 $97.20 $194.40 $199.92 $399.84 $90.00 $180.00 $250.00 $500.00 $268.70 $537.40 $86.25 $172.50 $450.00 $900.001.051LSTraffic Control Implimentation$11,825.40 $11,825.40 $9,720.00 $9,720.00 $14,929.55 $14,929.55 $36,000.00 $36,000.00 $10,150.00 $10,150.00 $11,258.11 $11,258.11 $28,750.00 $28,750.00 $29,000.00 $29,000.001.064EASign Removal & Replacement (includes galvanized hardware)$600.00 $2,400.00 $162.00 $648.00 $213.29 $853.16 $300.00 $1,200.00 $250.00 $1,000.00 $507.60 $2,030.40 $575.00 $2,300.00 $650.00 $2,600.001.072EAWater Meter, Water Valve Height Adjustment$400.00 $800.00 $135.00 $270.00 $213.29 $426.58 $360.00 $720.00 $250.00 $500.00 $475.35 $950.70 $690.00 $1,380.00 $500.00 $1,000.001.084800SFGrass Sod Replacement (Bermuda)$1.10 $5,280.00 $0.81 $3,888.00 $1.10 $5,280.00 $0.72 $3,456.00 $1.25 $6,000.00 $1.41 $6,768.00 $0.90 $4,320.00 $5.00 $24,000.001.091LSPrivate Irrigation / Sprinkler Relocation$8,500.00 $8,500.00 $1,080.00 $1,080.00 $2,358.47 $2,358.47 $2,220.00 $2,220.00 $1,000.00 $1,000.00 $3,308.44 $3,308.44 $1,671.82 $1,671.82 $20,000.00 $20,000.002.012932 SFDemo Existing Sidewalks, Ramps & Misc. Pavements (includes removal, hauling & disposal)$3.85 $11,288.20 $3.02 $8,854.64 $6.20 $18,178.40 $3.00 $8,796.00 $3.25 $9,529.00 $4.43 $12,988.76 $5.75 $16,859.00 $3.50 $10,262.002.022492 SFDriveway Removal (Asphalt/Conc up to 6" depth ) (includes saw-cutting, removal, disposal) $2.50 $6,230.00 $3.02 $7,525.84 $1.39 $3,463.88 $3.60 $8,971.20 $3.75 $9,345.00 $4.34 $10,815.28 $5.75 $14,329.00 $5.00 $12,460.002.03303 SFSta 6+75 Private Drive Apron Removal (Asphalt/Conc up to 6", includes saw-cutting, removal, disposal) $9.00 $2,727.00 $3.02 $915.06 $1.47 $445.41 $4.80 $1,454.40 $10.00 $3,030.00 $7.02 $2,127.06 $5.75 $1,742.25 $5.00 $1,515.002.04293 LFExisting Curb and Gutter Removal (includes saw-cutting, removal, hauling & disposal)$8.50 $2,490.50 $8.10 $2,373.30 $9.33 $2,733.69 $5.40 $1,582.20 $12.00 $3,516.00 $7.42 $2,174.06 $11.50 $3,369.50 $25.00 $7,325.002.05100 LFFence Relocate (Sta 20+75 - Sta 21+75)$24.00 $2,400.00 $15.66 $1,566.00 $33.32 $3,332.00 $18.00 $1,800.00 $20.00 $2,000.00 $14.86 $1,486.00 $11.50 $1,150.00 $12.00 $1,200.002.0645 LFFence Removal (Sta 23+50 - Sta 23+95)$24.00 $1,080.00 $10.42 $468.90 $6.20 $279.00 $5.00 $225.00 $10.00 $450.00 $11.26 $506.70 $5.75 $258.75 $10.00 $450.002.0719 LFFence Removal (Sta 28+20 - Sta 28+39)$24.00 $456.00 $10.42 $197.98 $6.21 $117.99 $5.00 $95.00 $10.00 $190.00 $11.26 $213.94 $5.75 $109.25 $10.00 $190.003.0114216 SF4" Thk. Reinforced Concrete Sidewalks (includes grubbing, ground preparation)$4.65 $66,104.40 $5.81 $82,594.96 $5.38 $76,482.08 $6.30 $89,560.80 $6.50 $92,404.00 $7.94 $112,875.04 $9.20 $130,787.20 $5.30 $75,344.803.02813 SF4" Thk. Residential Concrete Driveway (Detail ST2-00)$5.85 $4,756.05 $2.98 $2,422.74 $10.53 $8,560.89 $6.30 $5,121.90 $7.00 $5,691.00 $8.60 $6,991.80 $9.20 $7,479.60 $6.00 $4,878.003.031925 SF6" Thk. Commercial Concrete Driveway - Detail ST2-03 (includes subgrade preparation)$6.00 $11,550.00 $16.83 $32,397.75 $8.82 $16,978.50 $8.10 $15,592.50 $8.00 $15,400.00 $10.59 $20,385.75 $11.50 $22,137.50 $10.00 $19,250.003.04303 SFSta 6+75 Private Drive - 6" Concrete Apron Driveway - Detail ST2-03 (includes subgrade preparation)$11.50 $3,484.50 $6.75 $2,045.25 $11.33 $3,432.99 $9.60 $2,908.80 $9.30 $2,817.90 $10.59 $3,208.77 $11.50 $3,484.50 $10.00 $3,030.003.054EATxDOT Ramp Type 6 (includes ground prep, installation and cleanup)$850.00 $3,400.00 $694.00 $2,776.00 $2,534.25 $10,137.00 $1,080.00 $4,320.00 $2,000.00 $8,000.00 $1,191.04 $4,764.16 $862.50 $3,450.00 $2,000.00 $8,000.003.066EATxDOT Ramp Type 7 (includes ground prep, installation and cleanup)$950.00 $5,700.00 $918.00 $5,508.00 $1,357.94 $8,147.64 $1,440.00 $8,640.00 $2,000.00 $12,000.00 $992.53 $5,955.18 $862.50 $5,175.00 $1,500.00 $9,000.003.072EAA.D.A. Ramp SW3.04 (includes ground prep, installation and cleanup)$900.00 $1,800.00 $696.00 $1,392.00 $1,386.44 $2,772.88 $1,320.00 $2,640.00 $2,000.00 $4,000.00 $595.52 $1,191.04 $345.00 $690.00 $1,500.00 $3,000.003.084LSPavement Striping (Street Crosswalk, ADA Path)$1,750.00 $7,000.00 $1,392.00 $5,568.00 $1,857.88 $7,431.52 $6,691.15 $26,764.60 $1,000.00 $4,000.00 $661.69 $2,646.76 $2,547.63 $10,190.52 $6,800.00 $27,200.003.0989 LFNew 6" Raised Curb (Doweled)$15.00 $1,335.00 $11.88 $1,057.32 $15.55 $1,383.95 $18.00 $1,602.00 $20.00 $1,780.00 $15.88 $1,413.32 $11.50 $1,023.50 $18.00 $1,602.00Marek Brothers Construction: Bidder miscalculated the total for Bid Items 1.02, 1.08, 3.08 and the Bid Total. The highlighted totals above are correct.Marek Brothers, Construction, Inc.(College Station, TX)$277,368.19Texcon General Contractors(Kurten, TX)$325,586.80Karonka Construction, Inc.: Bidder miscalculated the total for Bid Item 3.08 and the Bid Total. The highlighted totals above are correct.Palomares Construction, Inc.: Bidder miscalculated the total for Bid Item 3.04 and the Bid Total. The highlighted totals above are correct.$218,945.75FuquaConstruction Co., Inc.(Navasota, TX)BID TOTAL$198,786.00 $214,717.34NOTES:Norman ConcreteServices, LLC(Wellborn, TX)VOX Construction, LLC(Collgege Station, TX)Karonka Construction, Inc.(Navasota, TX)$240,573.48PalomaresConstruction, Inc.(Bryan, TX)$229,502.90Dudley Construction, Ltd.(College Station, TX)$241,435.71Page 1 of 1 W ellb o rn R d Luther St WHolleman DrHolleman Dr WM a rio n P u g h D rSouthwest PkwyW elsh AveLuther StAlleyDetroit StJones-butler RdNevada StArizona StGeorgia StPhoenix StCarolina StEleanor StO ney Hervey DrChristine LnWoodsman DrGridiron DrS ie n n a D rEdward StWoodway DrChalet CtAlleyWellborn Rd Sidewalk Project: Proposed Limits City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0088 Name:Rock Prairie Road FM 2154 to City Limits Status:Type:Contract Consent Agenda File created:In control:2/8/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion on a professional services contract (Contract No. 16300246) with Binkley & Barfield in the amount of $194,485.50 for the preliminary engineering report associated with the Rock Prairie Road West - FM 2154 to City Limits Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a professional services contract (Contract No. 16300246) with Binkley & Barfield in the amount of $194,485.50 for the preliminary engineering report associated with the Rock Prairie Road West - FM 2154 to City Limits Project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: The project includes the reconstruction of Rock Prairie Road West from approximately FM 2154 to the west City Limits. The existing asphalt road will be replaced with a 4 lane minor arterial concrete roadway with curb, gutter, underground storm sewer, sidewalks and an adjustment to the railroad crossing and intersection of Rock Prairie Road and FM 2154. This project was approved with the FY16 budget to be funded with certificates of obligation and is one of several transportation projects originally prioritized by the 2015 Citizen Advisory Committee. Budget & Financial Summary: A total project budget of $4,985,000 is included for this project in the Streets Capital Improvement Projects Fund. Attachments: 1.Contract No. 16300246 (on file with the City Secretary’s Office) 2.Project Location Map College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0088,Version:1 College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ H O L L E M A N D R SROCKPRAIRIERDFM 2154FM 2154OLD WELLBORN RDHANNOVER STPAPABEARDROAKLEAFCULLEN TROAKRUNOAK CRESTMARTA STHAYES LNDEACON DR WFREDRICK CTRIDGERUNOLD IRONSIDES DROAKCREEKEDELW EISS AVVON TRAPP LNAIRBORNE AVOAKTRNGRAHAMRDHAUPTRDGRAHAM RD N PROJECT LOCATION Rock Prairie Road West Reconstruction. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0094 Name:Police Station Design Contract Status:Type:Minutes Consent Agenda File created:In control:2/9/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion regarding a professional services contract (Contract No. 16300279) with Pierce, Goodwin, Alexander and Linville (PGAL) in the amount of $1,960,000 for the design of a new police station, and presentation, possible action and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Sponsors:Chuck Gilman Indexes: Code sections: Attachments:Police Station DRR (2-25-2016).pdf PGAL Agreement Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding a professional services contract (Contract No.16300279)with Pierce,Goodwin,Alexander and Linville (PGAL)in the amount of $1,960,000 for the design of a new police station,and presentation,possible action and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Sustainable City Recommendation(s): Staff recommends approval of this contract between the City of College Station and PGAL in the amount of $1,960,000 for the design of a new Police Station and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary:This project includes the architectural and engineering design of a new police station. PGAL assisted the City in master planning and programming a new police station in 2015.The final design will be based on this effort and includes a 79,000 square foot facility.The option of increasing the size of the facility to 100,000 square feet is included in this contract amount.This project also includes the design of a new surface parking lot as well as all site improvements needed for the facility. Budget &Financial Summary:Budget in the amount of $3,000,000 is included in the General Government Capital Improvement Projects Fund for the design and initial phases of this project.It isCollege Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0094,Version:1 Government Capital Improvement Projects Fund for the design and initial phases of this project.It is anticipated that debt will be issued for this portion of the project and this debt will be supported with the existing tax rate.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 for this phase of the project is scheduled to be issued later this fiscal year. It is anticipated that the construction of the Police Station will be approximately $25,000,000 and, based on current forecasts, a tax increase will be required for the construction of the project. Attachments: 1. Contract No. 16300279 2. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt College Station, TX Printed on 2/19/2016Page 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 STATION, 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 $3,000,000, 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 25th DAY OF February, 2016. _______________________________ Nancy Berry, Mayor ATTEST: _________________________________ Sherry Mashburn, City Secretary (Seal) Exhibit "A" The project to be financed that are the subject of this Statement is: City of College Station Police Station building City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:216-0100 Name:511 University Drive Office Lease Agreement Status:Type:Agreement Consent Agenda File created:In control:2/10/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion regarding a three year lease agreement between The City of College Station and JAR Capital Investments, LLC, in the total amount of $350,413.44 for office lease space at 511 University Drive East. Sponsors:Aubrey Nettles Indexes: Code sections: Attachments:Lease 511 University 2-12-16 Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a three year lease agreement between The City of College Station and JAR Capital Investments, LLC, in the total amount of $350,413.44 for office lease space at 511 University Drive East. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this lease agreement. Background & Summary: Staff has been working with a real estate brokerage firm to identify properties available in College Station to serve as temporary office space.After reviewing multiple listings and visiting six different locations,it appears that the property located at 511 University Drive is the most cost effective option that meets our short-term needs.Staff,through the broker acting on our behalf,prepared a proposal that includes a competitive lease rate,a three year term with the option to extend another year,and requires the landlord to customize the build-out to meet our staff’s space needs at no additional charge. The property owner has agreed to this proposal. Budget & Financial Summary: Lease space rent: Months 01 thru 12: $9,448.50 per month ($113,382.00. per year) Months 13 thru 24: $9,731.96 per month ($116,783.52 per year) Months 25 thru 36: $10,020.66 per month ($120,247.92 per year) College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0100,Version:2 Attachments: 1. Lease Agreement College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0101 Name:Construction Contract # 16300179 Veterans Park Electrical Upgrades Status:Type:Contract Consent Agenda File created:In control:2/10/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion on a construction contract with All Star I&E, Inc; in the amount of $60,011.68, for the replacement of electrical panels and boxes that operate six athletic field lights at Veterans Park. Sponsors:David Schmitz Indexes: Code sections: Attachments:16-036 Tab.pdf 16300179 All Star.pdf Veterans Electrical Upgrades Site.jpg Action ByDate Action ResultVer. Presentation, possible action, and discussion on a construction contract with All Star I&E, Inc; in the amount of $60,011.68, for the replacement of electrical panels and boxes that operate six athletic field lights at Veterans Park. Relationship to Strategic Goal:Neighborhood Integrity; Diverse Growing Economy Agenda Caption: Presentation, possible action, and discussion on a construction contract with All Star I&E, Inc. in the amount of $60,011.68, for the replacement of electrical panels and boxes that operate six athletic field lights at Veterans Park. Recommendation(s):Staff recommends approval and award of the construction contract with All Star I&E Inc. for Veterans Park Electrical Upgrades, in the amount of $60,011.68. Construction to be completed within sixty (60) days. Summary:The proposed construction project includes removal of deteriorating breaker panels and boxes, replacement with new stainless boxes and panels, and installation of a small metal roof over the new panels to help protect the new equipment from the elements. Budget & Financial Summary:Two (2) sealed, competitive bids were received and opened on January 15, 2016. The bid summary is attached. Funds are available from General Funds within the Parks Department. Attachments: 1. Bid Tab Number #16-036 College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0101,Version:1 2. Construction Contract with All Star I&E, (on file in the City Secretary’s Office) 3.Site map College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™ City of College Station - Purchasing DivisionBid Tabulation for #16-036Veterans Park Electrical Upgrade"Open Date: Friday, January 15, 2016 @ 2:00 p.m.ITEMQTYUNITDESCRIPTIONCATEGORY11LSLump sum bid amount to furnish all labor, services, materials,tools and necessary equipment for the completion of theVeterans Park Electrical Upgrade project and to perform therequired work in strict accordance with the plans,specifications and contract documents.BID AMOUNT BID AMOUNTAll Star I & E, Inc.(Spring, TX)Bayer Construction Electrical Contractors, Inc.(Bryan, TX)$60,011.68 $62,295.00Page 1 of 1 BID DOCUMENTS FOR VETERANS PARK ELECTRICAL UPGRADES BID NO. 16-036 DUE DATE: Friday, January 15, 2016 @ 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 ITB 16-036, Veterans Park Electrical Upgrade Page 2 of 24 INSTRUCTION TO BIDDERS ITB 16-036, Veterans Park Electrical Upgrade Page 3 of 24 INSTRUCTIONS TO BIDDERS 1.0 ADVERTISEMENT Sealed bids addressed to the City of College Station – Purchasing Division will be received for: Veterans Park Electrical Upgrade Bid Number 16-036 until 2:00 p.m., Friday, January 15, 2016 after which time all qualified bids will be opened and read. Bids received after that time will be returned unopened. 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 Tuesday, January 12, 2016 @ 2:00 PM. LOCATION AND DESCRIPTION OF PROJECT This project will include the removal of the existing electrical boxes that power the front six (6) soccer field lights at Veterans Park and install new boxes in their place. Project Estimate: $75,000.00 A pre-bid Meeting will be held at 1101 Texas Avenue, City Hall, second floor conference room at 2:00 P.M. on Thursday, January 7, 2016. This meeting is not mandatory, but attendance is highly recommended. COPIES OF BIDDING DOCUMENTS A complete set of Bidding Documents can be downloaded off of the City’s website at https://brazosbid.cstx.gov . 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: 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 ***Five (5) percent bid security is required.*** END ADVERTISEMENT ITB 16-036, Veterans Park Electrical Upgrade 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 https://brazosbid.cstx.gov . 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 non-mandatory pre-bid Meeting will be held at 1101 Texas Avenue, City Hall, second floor conference room at 2:00 P.M. on Thursday, January 7, 2016. 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. ITB 16-036, Veterans Park Electrical Upgrade Page 5 of 24 5.0 GENERAL BID PROVISIONS a. The Invitation to Bid 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. 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 ITB 16-036, Veterans Park Electrical Upgrade Page 6 of 24 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. l. 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. ITB 16-036, Veterans Park Electrical Upgrade Page 7 of 24 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 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. ITB 16-036, Veterans Park Electrical Upgrade Page 8 of 24 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 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 ITB 16-036, Veterans Park Electrical Upgrade Page 9 of 24 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 after the deadline for submitting written questions 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 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. ITB 16-036, Veterans Park Electrical Upgrade Page 10 of 24 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 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. ITB 16-036, Veterans Park Electrical Upgrade Page 11 of 24 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. 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 ITB 16-036, Veterans Park Electrical Upgrade Page 12 of 24 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 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 ITB 16-036, Veterans Park Electrical Upgrade Page 13 of 24 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 131. No member of the City Council or any officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land, materials, supplies or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one (1) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by the City Council or City Manager. ****************************************************************************** Report Fraudulent Activity The City of College Station is committed to deterring fraud and maintaining integrity throughout our organization. Our City Auditor’s Office has established a Fraud Hotline to anonymously report what is believed to be unethical behavior by calling (877) 874-8416 or by submitting a report online at www.cstx.alertline.com . The City of College Station’s Fraud Hotline extends only to City of College Station municipal government programs or operations. Any activity involving private business or other non-municipal governmental agencies should be reported to the appropriate authorities. ****************************************************************************** ITB 16-036, Veterans Park Electrical Upgrade Page 14 of 24 CONTRACTOR DATA SHEET ITB 16-036, Veterans Park Electrical Upgrade Page 16 of 24 CERTIFICATION ITB 16-036, Veterans Park Electrical Upgrade Page 19 of 24 Controlling Name of Interested Party 4 Nature of interest (check applicable) City, State, Country (place of business) Intermediary CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 01/21/2016 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. All Star I & E, Inc. Spring, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 3 City of College Station Veterans Park Electrical Upgrade 16300179 2016-4626 01/25/2016 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Stolte, Kenneth XSpring, TX United States Stolte, William XSpring, TX United States Signature of officer administering oath 6 AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Title of officer administering oath I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Sworn to and subscribed before me, by the said _____________________________________, this the ____________ day of ______________, 20________, to certify which, witness my hand and seal of office. AFFIDAVIT Printed name of officer administering oath Check only if there is NO Interested Party.5 Version V1.0.34416www.ethics.state.tx.usForms provided by Texas Ethics Commission CONDITIONS OF AGREEMENT ITB 16-036, Veterans Park Electrical Upgrade 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 ITB 16-036, Veterans Park Electrical Upgrade 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. ITB 16-036, Veterans Park Electrical Upgrade Page 23 of 24 STANDARD FORM OF AGREEMENT FOR CONSTRUCTION ITB 16-036, Veterans Park Electrical Upgrade Page 24 of 24 Form Revised on 7-10-12 Contract No. 16300179 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT CONTRACT NO. 16300179 This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal corporation (the “City”) and All Star I&E, Inc., a corporation (the “Contractor”), for the construction of Veterans Park Electrical Upgrades. 1. DEFINITIONS 1.01. Calendar Day. 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. City'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. Page 1 Form Revised on 7-10-12 Contract No. 16300179 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. Substantially 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: Remove old electrical boxes that power the front six soccer field lights at Veterans Park, and install new boxes in their place. 1.16. Working Day. 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 Page 2 Form Revised on 7-10-12 Contract No. 16300179 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 Sixty Thousand Eleven and 68/100 Dollars ($60,011.68). 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. 16300179 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 Page 4 Form Revised on 7-10-12 Contract No. 16300179 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 Fcits 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. Page 5 Form Revised on 7-10-12 Contract No. 16300179 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 Page 6 Form Revised on 7-10-12 Contract No. 16300179 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. Page 7 Form Revised on 7-10-12 Contract No. 16300179 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 Page 8 Form Revised on 7-10-12 Contract No. 16300179 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. Page 9 Form Revised on 7-10-12 Contract No. 16300179 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. Page 10 Form Revised on 7-10-12 Contract No. 16300179 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 Page 11 Form Revised on 7-10-12 Contract No. 16300179 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. Page 12 Form Revised on 7-10-12 Contract No. 16300179 (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. 17.02. For "Extra Work", as defined in Paragraph 1.07 and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original contract amount 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: Method A - By agreed unit prices, or Method B - By agreed lump sum, or Page 13 Form Revised on 7-10-12 Contract No. 16300179 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. (f) 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 total number of days specified for completion called for in the original Contract. Absent Page 14 Form Revised on 7-10-12 Contract No. 16300179 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 60 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 City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the work. Page 15 Form Revised on 7-10-12 Contract No. 16300179 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 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 Page 16 Form Revised on 7-10-12 Contract No. 16300179 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 HUNDRED AND NO/100 DOLLARS ($100.00) 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 adjacent 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 (l) 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 (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 25.05. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. Page 17 Form Revised on 7-10-12 Contract No. 16300179 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 (l) 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 (l) 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 (l) year after the installation or completion. The one (l) 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. 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 Page 18 Form Revised on 7-10-12 Contract No. 16300179 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 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. (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 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. Page 19 Form Revised on 7-10-12 Contract No. 16300179 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. 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. Page 20 Form Revised on 7-10-12 Contract No. 16300179 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 "Attn.: 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 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. Page 21 Form Revised on 7-10-12 Contract No. 16300179 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 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 Page 22 Form Revised on 7-10-12 Contract No. 16300179 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. 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) Page 23 Form Revised on 7-10-12 Contract No. 16300179 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 upon giving 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. 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 upon giving 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: Page 24 Form Revised on 7-10-12 Contract No. 16300179 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. 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 Page 25 Form Revised on 7-10-12 Contract No. 16300179 (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. 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 Page 26 Form Revised on 7-10-12 Contract No. 16300179 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. 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 Page 27 Form Revised on 7-10-12 Contract No. 16300179 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. ALL STAR I&E, INC. CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date:________________ Date: APPROVED: City Attorney Date:______________ Assistant City Manager/CFO Date:______________ Page 28 EXHIBIT A – DAVIS BACON WAGE RATES General Decision Number: TX160016 01/08/2016 TX16 Superseded General Decision Number: TX20150016 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: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis-Bacon Act for which the solicitation was 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 $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures)......................$ 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 Page 29 Pipelayer...................$ 12.79 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 Page 30 Lowboy-Float................$ 15.66 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 60% 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 Form Revised on 7-10-12 Contract No. 16300179 Exhibit B INSURANCE REQUIREMENTS During the term of this Agreement Contractor’s insurance policies shall meet the following requirements: I. 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. II. 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 “A:VIII” 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. Page 32 Form Revised on 7-10-12 Contract No. 16300179 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 Page 33 Form Revised on 7-10-12 Contract No. 16300179 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 (DWC-81, DWC-83, or DWC-84), showing statutory workers’ compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 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. Page 34 Form Revised on 7-10-12 Contract No. 16300179 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 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 Page 35 Form Revised on 7-10-12 Contract No. 16300179 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. Page 36 Form Revised on 7-10-12 Contract No. 16300179 Exhibit C PERFORMANCE AND PAYMENT BONDS Page 37 PERUCJR:\L\NCE BOND THE STi'i.TE 0 F TE},:j\S THE COUNTY OF BR.AlOS § § § Bond #585207 499 Project f( o. 16-036 ALL \lFN BY TT F'RFSFl\'TS: THAT \V'"E, All Star I & E, Inc. _,as Principal. hereinafter culled ''Contractor" ;111d the othrr subscribf'r hereto Liberty Mutual Insurance Company , as Smrt:y, do hrreby ;ick!10\vlf'<lge ourselves to be held and firmly bound to the City of College Station, a municipal coi:porntion, in the sum of Sixty Thousand Eleven and 68/100 DoUars ($60,0ll.68) for ttw p;iyrnent ot\A'h!Ch surn .. 'Nf'l1 ;rn<l tnily to hf rn;idf to the of College Station and 1ts successors, the snid Contrnctor and Surety do bind themselves, their helfs, exfcuwrs, adrnm1stn1tors, successors .. and ass1g11s, jointly and severally. TIIE CONDJTTONS OP TllTS OBLIGATION AHE SUCJI TIJAT: \X'I [ER l ·:AS, thf' Contnicror lus on or 3hont rh is d;:iy f'.Xtcnte<l a Contrn.n 1 n \\'riring with thl" Clty of College Station Coi: Veterans Park Electrical Upgrade ill1 of such work to be done as set out in Cull m said Contract Documents thercrn referred to tind adopted Ly the City Council, all of \vhich are marle 'J part of this 1nstmnwnt as folly cornpletf'.iy as 1f sd out 111 h11l l1erern. NO\X: TllEHEFOHE, if tlw s~11d Ccrntrncror shall faith and srnctly ptrfr1rn1 C:ontrnn m n11 tts terms, PF-'\ i:,1ons, and supulatlons in accordance with its true 01eauing and dfect, and ill accordance with the Coutrncl Dcc11rnt°ms re frrrc-<l to tlwrein :m<l skill comply stncrly \Vttb e;ich a 11d every pr-civ1sion of rlw mc1uding all \\arrnnlles t1nd indemnities therem aud with this boud, then this obligation shall become null and vend and shall havl" no tiuthf'.r frJrTe and fffect; othf'.nv1s<" rl1t ssmt ts ro rtmarn t11 foll forcf' and tfrect. Tt ts fortlwr undf'rstood and ;1grtf'd that the> Surety clof's h<erf'by rf'licve thf' City ofC:ollegl" Station or its representatives fi:·orn the exercise of any diligence whatever in securing compliance on the pan oC the Contractor \Vt th thf' tf'LHlS of the: Contract, including tlw making of pa)~Tlf'.nts tlwff1111der >Jnd, havlll)s fully considf'rt'cl its Pnncipal's competence lo perfom1 the Contract in the underv,··riting of this Performance Bond, the hereby Vhl t\Tes n ny nottcl" to 1t of ;:i ny default, or elf'. lay hy d1l" Contractor in thf' pnfrJ nn a nee of his Contrn ct ;incl ;igrf'f'.S rh;;it it, the Surety, shall be bound to take notice of a.11d shall be held to have knowledge of all acts or omissions of the Conrrnctoc in ~ll matrl"rs ptrT:iinrng to the C:o11trnct. Tlw Surety undersran<ls ;i n<l agTets that dw prov1s1on m tht Contrnct that the College Station shall retain certam amounts due the Contrnctor unlll exp1rntion of thirty cfays fro1T1 thf' ;JCcf'.ptanct of tlw W'ork is 111tenclecl for the C1t)'s btnf'fit, a.nd tlw City of Collt~se Station shall have the ngbt to pay or wllhhold such rt'tmned amounts or auv other amount owingum.ln· the Cor1trnct without cl1ang1ng or ;1ffocti11g tl1f' liability of thf'. S11rf'fy hal"on in ;1ny dl"gref'. Tt ts fnrthn npressly agrl"f'd by Surety that tl1c C:!ty' ofC::o11l"ge Station or its reprf'sentatives He 8t liberty at ;my time" \vithout notice to the Surety, to nrnkc mq drn11gt' in tlw Contrnct DocimH.:nts in the \1'./ork to he done tl1nf'un<ler:, as provickd iti tlw Contrnct, ;in<l tn tht terms ;rncl conditions thereot; or to rrnikf" any change rn, addition lo, or ckdu,,t\on from tlw work to he Llicrc·undcr; and tlwt drnugcs, il' , slrn11 not i11 ally \vay v · thf' ob I 11ration i11 this bond and undf'rtak mv, or rt bi se the Su r·et:y thec<e from, It is forthn txprf'ssly agrf'f'd ;rnd undf'.rstood tbr tl1f' Contr:ictor and Surety will folly tndtrn nit}' and hold harrnkss the of Stillion m1y luss, cc•st, ('Xpnisc, or dmrnigc arisirig out oC or in comKction \V1th thf' -..vork dorw by thf' Contn1ctor undf'r tlw Contrn.ct In the eVf'rH that the Ciry of College St;ition shall bring Form Revised on 7,)1)-l~ C0lllrnct Ko. J 6300179 Page 38 any suit or other procecdillg at law on LllC Conlract c>t Lrns bond or both, Lbc Conlrnctor and Surl'ly agree lo pay lo the Citv the actual amounts ot attorneys· fees mcuned by the city tn connectLon with such suit. 'Jhis bond and all obltganons created hereunder shall be performable m Brnzos County, Texas. 'l'his bond is given in complmncL· with the prn\'isions oC Chapter 2253 oC Llw Texas Covcrnment , as amended, which is incorpornted he rem this reference. l lowever, all of the express provisions hereof shall be applicable \Vhether or nol within the scope oC said statute. ]'.; oticcs n:quircd or pcrrnillcd hcrcundL'f shall be in wntmg mid slrnll be decmc:d delivered Vi hen actually received or, if earlier., on the third day follo\vinv, deposit in a United State Postal Service post office or receptacle, \Vith proper postage affixed (ccrtillcd mail, rL·tum receipt requested), addfl'ssed to the respective other party al the address prescnbed in the Contract Documents, or ot such other address as the receiving party may hereati:er prescnbc by wrillen notice to the scndmg party. IN \XTfNESS THEREOF, the said Conlrnctor and Surety have signed and scaled this instrumc·11l c•n the respect1\·e dutes \VrJtten beluw their s1grnm1res and have attached current Po-wer of , :-;E_.\L: s corpornt1on) All Star I & E, Inc.. B1·: \X'ITC!ESS, (tlnul "ccqournt~ . Nn1ne. -~ Tit!,: ~Yl\~ttrhM ~ Nam;~ VV\ \\ \AAM-Sh> ltl.. Tille: ?ve ~~ Date: 1()1 /"L~ / i:!l I Vi 'J:<ESS L) Bv: ~ ~ ·;_ -Li/:;;J. dNhW\tv, _ '('{f.V(''(\ L\ ' ' ' t< arne l)(\'(\\)-\:\<\.11 .... '{> Wf'\\"'<'(\.)I"' Title: ~"1\\~ Date:\[9'e.l~\ lp REVlE\x/ED: City Office Form Revised qn 7-10-12 (\J11lrnc!. ho. l 6300179 Liberty Mutual Insurance Company (Fu 11 N amc of Surety) 1001 4th Avenue, Suite 1700 ------·------(Address of Surety for J'.:otice) Seattle, WA 98154 1/ J l' .J •1 .1,' '1j{i~··~ &;lt_1 ' Bv: --~-~~-· __,___· ____ _ J:<muc: De y Biehl · Title: Attorney In Fact D>ite: 1-28-2016 THE FOREC(JJ'.'-Jl~ BO~D IS 0:'--1 l-3El L\Ll:-<' OF THE CITY OF COLLEGE ST/l.TION. TEX.:\S: City Phge 39 Bond #58S207 499 TEXAS ST,\TUTCJRY P..c\ Y:\·lENT BOND THE STA TE 0 F TE::.>~AS TH.E COUNTY OF Bfu\ZOS § § ~ Prowct 1< o. 16-036 KNO\V :\LL i\i!EN B\. Tl IESE PRl::'.SENTS: TlIAT WE, All Star I & E, Inc. , as Principal, heremafter called "Pnncipal" and the oll1cr subscnbcr hereto Liberty Mutual Insurance Company , a corporntiun orgamzcd and existing under laws of tbe State ot Washington , licensed to busrness m the State of Texas and admitted to ·write bonds, as Surety, licrL·111 aCtcr calkd "Surety'·', do hereby acknowledge ou1sclvcs to be held and flrmly bound to the of College Station, a municipal corporation, rn the sum of Sixty' l'housand Eleven and 68/ 100 Dollars ($60,011,68) for payment wbcrcoC the said Pnncipal and Surety bmd tl:Kmsclvcs, and llKn lieu-s, admimstrntors, executors, successors and assigns 10111tly and severally. TUE CONDITIONS OF THIS OBLlGATLON ARE SUCH TllAT: \XI llEREAS, Principal has entered into a certam contract with the City of College Srnt1on, dated the __ _ day or , 2016, for _______________________________ _ wlnch contract is herc·tn. referred lo and made a P'lrl hercoC as ~md 1.o the same extent as if cop!Cd at lcngtl1 NO\X' TlIEH.EFOH.l..::, the of this 1s such that if shall pay all cbunants nwJ rnaknal to bi1ll or a subconlrnctor 111 the prosecution of the work provided Cor n1 coHtrncl, then, this obl1g!tt10n shall be null and void; othenvise to rerrnun in hill force and effect; PROVIDED, 110\XiEVER, that this bond JS executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this bond shall be delL'rrnincd m accordance with the provisions, conditions and limJtat1ons of said C.:ode to the same extent as if it were copied at iength herein. IN WITNESS THEREOF, the c dales \\nllcu below thur s1grn1turcs. Form Revised on 7-10-l~ Contract J';u, 16.100179 nnd have sir:ned 'wd se;ded this instrument on the ,, Page :io .. :\TJ'EST, SE.:\L: (if a corporation) All Star I & E, Inc . \\/lT.\fESS: (iC nut a co11>orntiun) (Kame o:(Conlrnct~)( / ~ ~··z i[~;,A/ (_."·~ N mnc: L7v,(A · .. ~~ Nan1c: W\\\\JLMI\. ?f-oi'r-e.. 'l"itle: Af~11LA11i'IW Jl;H¥t ~ Title: Pr ts\~ Date: ()I /i.tt.)'U)IAo .:\.T I'ES' i · /\'X/I'l 'NESS (SEAL) C __ )t,f ;(t/\9, :b~f(\ «'-LU\ N amc :t\I\( ;~--\:\f\9'..SI( l1-.X)'\ {'(\x_[ 'l "1tle: Lr--~ \.:\(-\('Ut.~ ~ Date: ~ 381 Ga\tp REVlE\\ED City _•\ttorney's Otlice Fotm Revised on 7.10-1~ CoJ1trnct l\o. 16.100179 Liberty Mutual Insurance Company (Full l\"arnc of Surety) 1 001 4th Avenue, Suite 1700 _________ _ (Address oC Surdy for l< Seattle, WA 98154 By: LQtbJ'y· (5lt·lP N arne: lli/bby Biehl Title: Attorney In Fact Date: 1-28-2016 THE FOREC..iOl.\fG BO.\fD lS ACCEPTED O.\f BEHALF OF TJ JE ClT'{ OF COLLEGE STATION, TEX.1\S: City .!\lanager Pago \l Iii Q) .s c: .,;-~ ·-Ill "'C ::::l ~Cl (.) Q) -::::i o-111 .... > a>_ ~Ill Q) ::::l --"'C c:·-111 :g 0 ... -.... a)O o.s c:_ ~ Q) .... Cl(/) Ill Q) Cl .... .... .$ .... c: o._ E a) ........ 0 Ill _,_ "'C >-·-(.) -c: Ill Q) > .... ....... 0 ::::l Zu THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No.~ KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Blake Barnes; Debby Biehl; Lacy Rawlins; Ryan Moss; Stacie Clark all of the city of FRIENDSWOOD, state of TX each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ~day of October , ~. STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY SS American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By:~~ David M. CaVSSlStant Secretary On this 29th day of October , 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. ~<,:J~MONWEAL!.H OF P_ENNS'(l,I/~ ~ ~ I Notarial Seal : Teresa Pastella, Notary Public i By: ~ ~ Plymouth Twp., Montgomery County ' Teresa Pastella, Notary Public j My Commission Expires March 28, 2017 I Member. Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in-tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 20 __ _ By:~ Gregory W. Davenport, Assistant Secretary 11ol50 LMS_12873_122013 :>. Ill "'C (/) (/) Q) ·= (/) ::::l ..Q >-c: Ill -c: iiio (.)I->-(/) cuW EE .s c. ;(~ -·· o-:t ... "'C Q) c: 3: co oe a.. Ill .!!!o .c:o .... .. -"' 0 c: ~~ '.§~ -cu ~..Q a>o .c: '<:!" ...,N E Cl? ,_N ·-M -00 C: I 00 (.)...-~~ Form Revised on 7-10-12 Contract No. 16300179 Exhibit D CERTIFICATES OF INSURANCE AND ENDORSEMENTS Page 42 Page 43 Page 44 Form Revised on 7-10-12 Contract No. 16300179 Exhibit E TECHNICAL SPECIFICATIONS AND PLANS Page 45 October 20, 2015 SWOBODA ENGINEERING FIRM NO. F-213 7010 Coyote Run BRYAN, TEXAS 77808 (979) 774-3400 TABLE OF CONTENTS For VETERANS PARK SOCCER FIELD SERVICE RENOVATION Project no. I01-1514 ELECTRICAL SECTION 26: 26.00.00 1 THRU 11 GENERAL REQUIREMENTS FOR ALL ELECTRICAL 26.05.19 1 THRU 3 LOW VOLTAGE ELECT. POWER CONDUCTORS AND CABLES 26.05.26 1 THRU 2 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 26.05.33 1 THRU 4 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 26.24.00 1 THRU 2 SWITCHBOARDS AND PANELBOARDS 26.28.00 1 THRU 3 LOW VOLTAGE CIRCUIT PROTECTIVE DEVICES Veterans Park service 01-1505 College Station, TX 26.00.00.2 SECTION 26.00.00 GENERAL REQUIREMENTS FOR ALL ELECTRICAL I.GENERAL A.RELATED WORK 1.The Architectural Drawings and Specifications (including the front and such as the General Conditions, and Supplementary General Conditions, etc.) the Structural Drawings and Specifications, the Mechanical Drawings and Specifications, and the Electrical Drawings apply to the work specified in the Electrical Sections, and shall be complied with in every respect. The Contractor shall examine all of these documents, which make up the Contract Documents, and shall coordinate them with all electrical work on the Electrical Drawings and in the Electrical Sections of these Specifications. B.SCOPE OF WORK 1.The work covered by the Electrical Sections of the Specifications shall include the furnishing of all materials, labor, transportation, tools, permits, fees, utilities, and incidentals necessary for the complete installation of all electrical work required in the Contract Drawings. 2.It is the intent of the Contract Documents to provide an installation complete in every respect. In the event that additional details or special construction is required for work indicated or specified in this section or work specified in other sections, it shall be the responsibility of the Contractor to provide all material and equipment which is usually furnished with such systems in order to complete the installation, whether mentioned or not. 3.The Contractor shall be responsible for the coordination and proper relation of his work to the building structure and to the work of all trades. The Contractor shall visit the premises and thoroughly familiarize himself with the existing site conditions, and all details of the work and the working conditions and to verify all dimensions in the field. The Contractor shall advise the Architect of any discrepancy prior to bidding. The submission of bids shall be deemed evidence of the Contractors site visit, the coordination of all existing conditions, and the inclusion of all consideration for existing conditions. C.DRAWINGS AND SPECIFICATIONS 1.These Specifications are accompanied by Drawings of the building and details of the installations indicating the locations of equipment, piping, ductwork, outlets, light fixtures, switch controls, receptacles, circuits, lines, etc. The Drawings and these Specifications are complementary to each other, and what is required by one shall be as binding as if required by both. Phase, neutral and switch leg indications are shown only where it is considered that clarification is required and to indicate typical wiring methods required. 2.If any departures from the Drawings are deemed necessary by the Contractor, details of such departures and the reasons therefor shall be submitted to the Architect for review. No departures shall be made without prior written acceptance of the Architect. 3.The interrelation of the Specifications, the Drawings, and the schedules is as follows: The Specifications determine the nature and setting of the several materials, The Drawings establish the quantities, dimensions, and details, and the schedules give the performance characteristics. 4.Should the Drawings disagree in themselves, or with the Specifications, the better quality or the greater quantity of work or materials shall be estimated upon, and unless otherwise directed by the Architect in writing, shall be performed or furnished. In case the Specifications should not fully Veterans Park service 01-1505 College Station, TX 26.00.00.3 agree with the schedules, the latter shall govern. Figures indicated on Drawings govern scale measurements and large scale details govern small scale Drawings. 5.Items specifically mentioned in the Specifications but not shown on the Drawings and/or items shown on the Drawings but not specifically mentioned in the Specifications shall be installed by the Contractor under the appropriate section of work as if they were both specified and shown. D.CODES AND STANDARDS 1.All work shall comply with the applicable rules of the National Electrical Code, the National Electrical Safety Code, the National Fire Codes (published by National Fire Protection Association), the City Electrical Codes and Ordinances, and the terms and conditions of services of the electrical utility, as well as any other authorities that may have lawful jurisdiction pertaining to the work specified. None of the terms or provision of this specification shall be construed as waiving any of the rules, regulations, or requirements of these authorities. E.UTILITIES 1.The Contract Documents reflect the general location, voltage, ampacity, size and manner of routing for all utilities known to be required on this project. It shall be the responsibility of the Contractor to visit the site, meet with the local Utility personnel in order to coordinate and confirm the exact requirements for all electrical utilities, including, but not limited to all facilities required to provide complete and operative electrical power and telephone services. The bid submitted by the Contractor shall include costs for all such coordination work as well as any and all utility company charges and/or fees. F.TEMPORARY SERVICES 1.It shall be the responsibility of the Contractor to provide a complete system for temporary electrical power service and distribution during the construction period. 2.The Electrical Contractor shall provide the necessary wiring, connections, service switches, poles, wiring protective devices, lighting fixtures, lamps, outlet devices disconnect switches, etc., as required for temporary lighting. In addition, a similar system shall be provided for the distribution of single and three phase power of voltage levels and adequate ampacity as required to facilitate the construction of the project. These services shall be installed in accordance with requirements of the National Electrical Code (NEC) and the Occupational Safety and Health Administration (OSHA). G.BUILDING CONSTRUCTION AND LAYOUT OF WORK 1.General: It shall be the responsibility of the Contractor to consult the Architectural and Engineering Drawings and Details so as to thoroughly familiarize himself with the type and quality of construction to be provided on this project. 2.The Electrical Drawings are diagrammatic in character and cannot show every connection in detail or every line or conduit its exact location. These details are subject to the requirements of ordinances and also structural and Architectural conditions. The Contractor shall carefully investigate structural and finish conditions and shall coordinate the separate trades in order to avoid interference between the various phases of work. Work shall be laid out so that it will be concealed in furred chases unless specifically noted on indicated to be exposed. Work shall be installed to avoid crippling Veterans Park service 01-1505 College Station, TX 26.00.00.4 of structural members; therefore, inserts to accommodate conduit hangers shall be set before concrete is poured, and proper openings through floor, walls, beams, etc. shall be provided as hereinafter specified or as otherwise indicated or required before concrete is poured. All work shall be run parallel or perpendicular to the lines of the building unless otherwise noted. 3.The approximate location of electrical items is indicated on the Electrical Drawings. These Drawings are not intended to give complete and exact details in regard to location of outlets, apparatus, etc. Exact locations are to be determined by actual measurements at the building and will in all cases be subject to approval of the Engineer, and he reserves the right to make any reasonable changes in the location indicated without additional cost. II. PRODUCTS A.GENERAL MATERIALS AND EQUIPMENT REQUIREMENTS 1.All materials, in general, shall conform to the National Electrical Code requirements and shall be listed, inspected, and approved by the Underwriters Laboratories and shall bear the U.L. label where labeling service is available. The label or listing of the Underwriters Laboratories, Inc. will be accepted as evidence that the materials or equipment conform to the applicable standards of that agency. In lieu of this listing, the Contractor may submit a statement from a nationally recognized, adequately equipped testing agency, indicating that the items have been treated in accordance with required procedures, and that the materials and equipment comply with all contract requirements. B.STANDARD PRODUCTS 1.Materials and equipment to be provided shall be the standard currently manufactured catalog products of manufacturers regularly engaged in the manufacture of products conforming to these Specifications, and shall essentially duplicate materials and equipment that have been in satisfactory use at least two years prior to bid opening. Where custom or special items are required, these shall be fully described using Drawings, material lists, etc., which fully describe in detail the item proposed for use on this project. C.MANUFACTURER'S INSTRUCTIONS 1.The responsibility for the furnishing of the proper electrical equipment and/or material and the responsibility for seeing that it is installed as intended by the manufacturer, rests entirely upon the Contractor. If needed for proper installation, operation, or start-up, the contractor shall request advice and supervisory assistance from the representative of the specific manufacturer. The manufacturers' published instructions shall be followed for preparing, assembling, installing, erecting, and cleaning manufactured materials or equipment, unless otherwise indicated. The Contractor shall promptly notify the Architect in writing of any conflict between the requirements of the contract documents and the manufacturers' directions and shall obtain the Architect's instructions before proceeding with the work. Should the Contractor perform any such work that does not comply with the manufacturer's directions or such instructions from the Architect, he shall bear all costs arising in connection with the deficiencies. D.RUST PREVENTION 1.All metallic materials shall be protected against corrosion. Exposed metallic parts of outdoor apparatus shall be given a rust inhibiting treatment and standard finish by the manufacturer. All parts such as boxes, Veterans Park service 01-1505 College Station, TX 26.00.00.5 bodies, fittings, guards, and miscellaneous parts shall be protected in accordance with the ASTM A123 or A153, except where other equivalent protective treatment is specifically approved in writing. E.STORAGE AT SITE 1.The Contractor shall not receive material or equipment at the job site until ready for installation or until there is suitable space provided to properly protect equipment from rust, weather, humidity, dust, or physical damage. F.CONDITION OF MATERIALS AND APPURTENANCES 1.All conduit, fixtures, panelboards, and other material required for complete installation of these systems shall be new and conform to manufacturer's recommendations, unless otherwise specified. All equipment injured or damaged in transit from factory, during delivery to premises, while in storage on premises, while being erected and installed, and while being tested, until time of final completion, shall be replaced by this Contractor without extra cost to Owner. G.CAPACITIES 1.Capacities shall be not less than those indicated but shall be such that no component or system becomes inoperative or is damaged because of start-up or other overlaod conditions. Where approved equipment requires electrical power other than those used for design purposes, the Contractor shall be responsible to adjust protective devices, starter sizes, conductors, conduits, etc. to accommodate this approved device electrically. H.NAMEPLATES 1.Each major component of equipment shall have the manufacturer's name address, and catalog number on a plate securely attached to the item of equipment. All data on nameplates shall be legible at the time of final inspection. III. EXECUTION A.SPACE AND EQUIPMENT ARRANGEMENT 1.All equipment shall be installed in a manner to permit access to parts requiring service. All electrical equipment shall be installed in such a manner as to allow removal for service without disassembly of other equipment. 2.Any large piece of apparatus which is to be installed in any space in the building, and which is too large to permit access through stairways, doorways, or shafts shall be brought to the job and placed in the space before the enclosing structure is completed. Following placement in the space, such apparatus shall be thoroughly, completely protected from damage as hereinbefore specified. 3.All electrical equipment shall have working clearances as required by the latest version of the National Electrical Code, and any applicable city, local, or state codes. B.SUBMITTAL AND REVIEW OF MATERIALS 1.Persons authorized to sign submittals: Prior to entering submittals for review, the Contractor shall advise in writing to the Engineer the name or names of persons who are authorized to sign or certify such documents for him. 2.Submittal Time: Within thirty (30) days after the contract has been awarded, the Contractor shall submit for review complete data covering each item of equipment or material which he proposes to furnish under the electrical section of these Specifications. Veterans Park service 01-1505 College Station, TX 26.00.00.6 3.Manner of Submittal: All submittal data shall be submitted at one time. Submittals may be traditional printed material or in electronic pdf format. The major category of equipment having its own manila divider referenced to the particular paragraph(s) of the Specifications. 4.Items to be submitted: Submittals shall include all applicable items listed, but not be limited to the following: a. Conduit b. Conductors and cable c. Connectors and terminators d. Device, pull, and junction boxes e. Switches, receptacles and wall plates f. Motor circuit and disconnect switches g. Panelboards 5.Submittals: Each binder shall indicate on the front cover or the cover sheet the following: the title of the submittal; the name and location of the building; the names of the Architect and Engineer; the name of the Contractor making the submittal; and the date of the submittal. Arrangement of the above information shall be such that the cover or title sheet can also accept a listing of each correction and/or revision, and stamp of certification of the Contractor making the submittal. a.Arrangement of Items: Submittals shall be subdivided according to equipment or material types, with each division having a manila divider with tab clearly denoting the subdivision and referencing the appropriate paragraphs of the Specifications. These subdivisions should include but not be limited to fixtures, switchgear, conduit and wire, devices, etc., as appropriate for the particular project. b.Specific Submittal Data: Specific data for every electrical item shall be included within the appropriate submittal sections. Specific data shall include the manufacturer's name and designation, performance and capacity data, type of construction and materials data, and dimensional data. Acceptable submittal and materials are manufacturer's catalog cuts and data sheets, and as required easily readable, professionally prepared, scaled Drawings containing sufficient Drawings, elevations, sections and isometrics to describe in full each electrical item. Each appropriate item on each sheet shall be clearly identified. 6.Compliance Stamp: Each submittal shall include a compliance stamp signed by the Contractor's person authorized to make such signatures. His signature indicates that he has coordinated all items in the submittal with the Drawings, Specifications, and building construction, and all meet or exceed the requirements of the Specifications, and will physically interchange with the item specified and/or as indicated on the Drawings and Specifications. Unless so certified, all documents will be returned for re-submittal. 7.Substitutions: Unless otherwise specifically noted, the listing of product manufacturers, catalog numbers, etc. in the various sections of the Specifications is intended to establish a standard of quality only, and is not intended to preclude open, competitive bidding. The substitute materials, equipment, or methods which he feels are equal or superior to those specified will be considered, provided he submits in writing with the submittal a letter indicating that he: a.Has personally investigated each proposed substitution product and determined that each has all the same accessories and is equal or superior in all respects to that specified; b.Will provide the same guarantee for each substitution that he would for that specified; c.Has coordinated the installation of each item which he proposes to Veterans Park service 01-1505 College Station, TX 26.00.00.7 substitute with all trades and includes the costs for any changes required for the work to be complete in all respects. The Contractor will prepare Shop Drawings where required by the Architect or where dimensions vary, or to show adjustments to the electrical system to fully insure coordination of the substitute item(s) into the designed system. d.Waives any and all claims for additional costs related to the substitution(s). e.Separately listed any and all deviations or variations of the substitute from the specified item with the specific item data clearly marked. 8.Submittal Processing Time a.The Contractor shall allow three (3) weeks for submittal processing in the Engineer's office exclusive of transmittal time and shall schedule the time of each submittal accordingly. b.Any submittal that is marked resubmit or with comments requiring re- submittal must be resubmitted within two (2) weeks following notification. If no satisfactory material is submitted within the two-week period, the Architect reserves the right to require the Contractor to furnish items specified and/or as described in the contract documents. c.No allowances will be made for submittals which are not made in a timely fashion or which are turned down because they are not equal. Should delivery problems arise due to the above, affecting the completion time of the project, the Contractor will arrange for special handling of problem items, (including air freight shipping, etc.), or if this is not possible he will furnish and install acceptable alternates until the proper materials arrive and then replace the alternate materials with the approved materials, all at no cost to the Owner. If the Contractor is not able to furnish an acceptable alternate until the proper materials arrive, he will assume all costs for furnishing and installing all alternates as directed by the Architect and/or will pay a suitable penalty for the inconvenience experienced by the Owner. This penalty will be set by the Owner based on the particular circumstances. 9.Quantity of Submittals: The Contractor shall submit three sets of submittals for review to the Architect. 10.Submittal Review: Submittals which are submitted in an acceptable manner as outlined hereinbefore, will be reviewed by the Engineer. Review will be documented with a submittal review sheet. The comment sheet shall become a part of this contract. The Engineer and owner will each retain one copy for their files, and the remaining copiy will be delivered to the Contractor. The Contractor may then duplicate and distribute as many copies as needed. If all items in a submittal are marked "Final Review", no additional submittal is require. If any item in a submittal is marked "Reviewed - Exceptions Noted", the Shop Drawing or Brochure shall be corrected to agree with the comments and resubmitted. If marked "resubmit", the submittal shall be repeated in accordance with the Contract Documents. a.No item or material shall be ordered, purchased or installed until the Contractor has received a comment sheet marked "Final Review" for the material or item. Any materials or items which are ordered, purchased or installed without the "Final Review" stamp are at the Contractor's risk and he will be responsible for all penalties should said materials or items be found lacking in quality or capacity. b.Review or comment by the Engineer will be for general compliance with the basic design concept only. c.The Engineer's review and comments will not relieve the Contractor of the responsibility of: (1)Complying with every requirement of the Drawings and Specifications, Veterans Park service 01-1505 College Station, TX 26.00.00.8 unless the Contractor has called attention, in writing, to any deviations contained in the submittal, and these deviations are specifically noted as approved by the Engineer in his comments. (2)Supplying all items as called for in the Drawings and Specifications and the omission of any feature, capability, or part on any item submitted by the Contractor implies that these missing features, capabilities or parts will be furnished exactly as required by the contract document. d.If the Shop Drawings or Brochures stamped "Final Review" are altered for any reason, the "Final Review" is void. e.All work shall be done in accordance with the Shop Drawings and Brochures stampede "Final Review" and a copy of the final submittal with all items stamped "Final Review" shall be kept at the job site. f.Should the submittal information be insufficient for the Engineer to review, the Contractor will be required to resubmit additional information as required by the Engineer to make a meaningful evaluation. In the event that submittal information is not sufficient to allow the Engineer to ascertain the quality of a substitute item as compared to the specified item, the Contractor will be required to submit a sample. All samples which are not tested to destruction will be returned to the Contractor for his disposition. g.The Engineer reserved the right to revise his comments on any item or material because of deceptive submittal material which appeared to be equal to the quality or capacity required in the Drawings and/or Specifications, but which when received at the job site are found to be lacking in quality or capacity. When any item is found to be lacking in quality or capacity by inspection, the Contractor will be required to furnish and install the material or items originally specified or shown on the drawing. h.The Contractor at his option may summit materials for review and comment prior to the bid date provided this is done in a timely manner but not less than one week prior to bid opening. i.Owner's Records: The Contractor shall submit for the Owners records two (2) sets of complete final review submittals at the end of the project. C.SUPERVISION 1.A competent foreman or superintendent, initially approved by the Architect shall be kept by the Contractor at the building to receive instructions and to act for the Contractor. Once this superintendent has been approved, no change shall be made without approval of the Owner or his authorized representative. The Owner and/or his authorized representative shall have the right to observe the work at any time. The Contractor shall have a representative present when his work is being observed, and he shall give assistance, as required, Recommendations made by the observer shall be promptly carried out, and all unsatisfactory material and/or workmanship shall be replaced at once, to the satisfaction of the Architect. D.HOISTING, SCAFFOLDING, AND TRANSPORTATION 1.The Contractor shall provide his own hoisting facilities to set his materials and equipment in place in the building, as indicated on Drawings. 2.The Contractor shall provide his own scaffolding, ladders, etc. to facilitate the installation of items which cannot otherwise be reached. 3.The Contractor shall provide necessary transportation to facilitate the delivery of all materials, equipment, tools, and labor to job, in accordance with intent of these Documents. Veterans Park service 01-1505 College Station, TX 26.00.00.9 E.EXCAVATION 1.All excavation shall be done in strict accordance with current OSHA, and any other applicable agency. Compliance with these regulation and actual trench safety shall be the sole responsibility of the Contractor. F.CLEANING 1.The Contractor shall, at all times, keep the premises free from accumulations of waste material or rubbish caused by him, his employees, or his work. This debris shall be removed, not only from the building, but also from the site and from any street or alley adjacent to the site. 2.At completion of the project, the Contractor shall remove all of his tools, scaffolding, and surplus materials. He shall leave the area "broom clean". Before final acceptance, vacuum all panels, switchboards, starters, and other electrical devices. Wipe clean all fixture lens and reflectors, all panelboards, and switchboards interior and exterior surfaces, being careful to remove all stray paint and construction materials, dust and particles. Touch up all marred surfaces to restore existing conditions to those provided by the manufacturer. G.HOUSEKEEPING PAD 1.Each piece of floor mounted equipment, such as switchboards, motor control centers, transformers, emergency generators, etc., shall be set on neat cement finished, structural grade concrete bases. Bases shall be not less than 4" high and shall be pinned to the floor, or poured monolithic. H. RECORD DRAWINGS 1.The Contractor shall keep a set of Drawings on the job, noting daily all changes made in these Drawings in connection with the final installation including exact dimensioned locations of all new and uncovered existing active and inactive utilities outside the building and shall turn over a clean, neatly marked set of sepia reproducible Drawings showing "as-installed" work to the Architect-Engineer for delivery to the Owner. All underground utilities and services and systems shall be accurately located by the Contractor and dimensioned on the "as-installed" Drawings. I.EXISTING FACILITIES 1.The Contractor shall be responsible for loss or damage to the existing facilities as used by him and his workmen, and shall be responsible for repairing or replacing such loss or damage. The Contractor shall send proper notices and receive written permission from the Owner to enter existing areas. The Contractor before beginning work in existing areas shall make necessary arrangements and perform other services required for the care, protection, and in service maintenance of all electrical, communication, plumbing, heating, air conditioning, and ventilating services for new and existing facilities. The Contractor shall erect temporary barricades with necessary safety devices, as required to protect personnel from injury, removing all such temporary protection upon completion of the work. 2.The Contractor shall provide temporary or new services to all existing facilities as required to maintain their proper operation when normal services are disrupted as a result to the work being accomplished under this project. 3.Where existing construction is removed to provide working and extension access to existing utilities, the Contractor shall remove doors, piping, conduit, outlet boxes, wiring, light fixtures, air conditioning ductwork, and equipment, etc. to provide this access and shall reinstall same upon completion of work in the areas affected. 4.Where partitions, walls, floors, or ceilings of existing construction are indicated to be removed, the Contractor shall remove and reinstall in locations approved by the Architect all devices required for the operation Veterans Park service 01-1505 College Station, TX 26.00.00.10 of the various electrical systems installed in the existing construction. This is to include but is not limited to temperature control system devices, electrical switches, relays fixtures, piping, conduit, etc. J.DEMOLITION AND RELOCATION 1.The Contractor shall modify, remove, and relocate all materials and items so indicated on the Drawings or required by the installation of new facilities. All removals and/or dismantling shall be conducted in a manner as to produce maximum salvage. Salvage materials shall remain the property of the Owner and shall be delivered to such destination as directed by the Owner. Materials and items scheduled for relocation and which are damaged during dismantling or reassembly operations shall be repaired and restored to the approval of the Owner. The Contractor may, at his discretion, and upon the approval of the Owner, substitute new materials and items of like design and quality in lieu of materials and items to be relocated. 2.Unless specifically noted all electrical items such as conduit wiring, devices, boxes etc. not to be reused as part of the system upon completion of the project are to be removed. 3.All items scheduled for relocation and/or reuse on this project shall be inspected by the Contractor and the Owner or his authorized representative. A written report of the condition of each item shall be made and provided the Architect and Owner. Where items scheduled for relocation and/or reuse are found to be in damaged condition before work has been started on dismantling, the Contractor shall call the attention of the Owner to such items and receive further instructions before removal. Items damaged in repositioning operations are the Contractor's responsibility and shall be repaired or replaced by the Contractor as approved by the Owner, at no additional cost to the Owner or the Architect. 4.All items which are to be relocated shall be carefully removed in reverse to original assembly or placement and protected until relocated. The Contractor shall clean, repair and provide all new materials, fittings, and appurtenances required to complete the relocation and to restore the items to good operative order. All relocations shall be performed by workmen skilled in the work and in accordance with standard practice of the trades involved. 5.Service lines and wiring to items to be removed, salvaged, or relocated shall be removed to points as indicated on the Drawings, specified, or acceptable to the Owner. Service lines and wiring not scheduled for reuse shall be removed to the points at which reuse is to be continued or service is to remain. Such services shall be sealed, capped, or otherwise tied off or connections into the existing facilities in such a manner as to result in minimum interruption of services to adjacent occupied areas. Services to existing areas or facilities which must remain in operation during the construction period shall not be interrupted without prior specific written approval of the owner as hereinafter specified. K.OUTAGES 1.Outages of services as required by the project will be permitted but only at a time approved by the Owner. The Contractor shall notify the Owner in writing two weeks in advance of the requested outage in order to schedule required outages. No outages shall be taken unless written approval has first been received from the Owner The time allowed for outages will not be during normal working hours unless otherwise approved by the Owner. All costs of outages, including overtime charges, shall be included in the contract amount. L.IDENTIFICATION AND LABELING Veterans Park service 01-1505 College Station, TX 26.00.00.11 1.Disconnect switches, switchgear, distribution centers, new panels, special purpose device plates, feeders, etc., shall be properly marked to identify their service. Panels shall contain an index card having all circuits identified and typed on the card. Labeling shall be as follows: a.Equipment: All items of electrical equipment shall be identified by the attachment of engraved nameplates constructed from laminated phenolic plastic, at least 1/16" thick 3 ply, black surfaces and white core. Engraving shall be condensed Gothic, at least 1/4" high. Consult Engineer for label nomenclature. b.Local Wall Switches: Remote light switches and all equipment control switches shall be identified by engraving the switch plates. Plates shall be as hereinafter specified. Engraving shall be 3/16" condensed Gothic and shall be filled with black enamel. Nomenclatures shall include the area, control, or equipment served. c.Miscellaneous Plates: Special purpose outlets and pilot lights shall be identified by engraving the device plate. Engraving shall be 3/16" condensed Gothic and shall be filled with black enamel. Nomenclature shall include the service of the outlet or the indication of the pilot. M.CONDITIONS OF EQUIPMENT AT FINAL ACCEPTANCE 1.At time of acceptance, the Contractor shall have inspected all installed systems to assure the following has been completed: a.Fixtures are operating, lenses and reflectors are free of dust, debris, and fingerprints. b.Panelboards have all conductors neatly formed,laced and made-up tight. Cans shall be vacuum cleaned, surfaces clean of stray paint, dust,grease and fingerprints. All circuit directories to be neatly typed and in place. c.Wall plates and exposed switch and receptacle parts to be clean, free of paint, plaster, etc. d.Safety and disconnected switches and motor starters to be vacuum cleaned of debris, dust and all surfaces free of stray paint, grease and fingerprints. e.Switchgear, transformers and system devices shall be cleaned internally and externally and have all surfaces restored to initial surface conditions. f.Touch-up all scratched surfaces using paint matching the existing equipment paint. Where paint cannot be matched, the entire surface shall be repainted in a color and manner approved by the Architect. N.GUARANTEE: 1.The Contractor shall guarantee all materials and workmanship for a period of twelve(12) months after the final acceptance of work, or the time period specified by the Architect in the Architectural General Conditions. Should the two time periods be different the longer period shall be used. **************************************** END OF SECTION 26.00.00 Veterans Park service 01-1505 College Station, TX 26.05.19.1 SECTION 26.05.19 LOW VOLTAGE ELECT. POWER CONDUCTORS AND CABLES I.GENERAL A.DESCRIPTION 1.This section describes cables and wires rated 600 volts or less. 2.Related Work Specified Elsewhere: a.Section 26.00.00 General Requirements for all Electrical. 3.Extent of work as shown on the Drawings. 4.Contractor to pull in wiring for the special systems as required by the system design. Final termination by the systems Contractor. B.REFERENCE STANDARDS 1.Codes and Standards: a. National Electrical Code (NEC). b. Underwriters Laboratories (UL). c. Insulated Cable Engineers Association (IECA). d. National Electrical Manufacturers' association (NEMA). e. American Society of Testing and Materials (ASTM). f. American National Standards Institute (ANSI). g. Copper Development Assoc. Inc. International Annealed Copper Standard. C.SUBMITTALS 1.Submit manufacturer's data demonstrating compliance with this Specification in accordance with Section 26.00.00 II.PRODUCTS A.ACCEPTABLE MANUFACTURERS 1.Superior Essex. 2.Brand Rex. 3.Okonite.. 4.Carol. 5.Belden. 6.Southwire. 7.Rome Cable. 8.Alcan Cable. B.MATERIALS 1.Copper conductor for wire and cable shall be based on 98% Conductivity and shall be tinned or untinned in accordance with established standards for the type of insulation around the conductors. No. 10 AWG and smaller shall be solid and No. 8 AWG and larger shall be stranded. Unless indicated or specified otherwise, conductor sizes are based on copper. [ALL CONDUCTORS SHALL BE COPPER]. 2.All wire and cable shall be permanently marked approximately every two feet to indicate size, voltage, and type temperature rating in accordance with NEC. 3.All cable or wire shall: a.Be 600 volt. b.Be installed in approved raceways or conduit. c.Be not less than #12 AWG. d.#14 AWG may be used for control and low voltage wiring. e.Have type insulation as follows: General Use ---------------- THW or THHN-THWN Wet or Moist Locations ------ THW or THHN-THWN Veterans Park service 01-1505 College Station, TX 26.05.19.2 Feeders to panels ----------- THW, THHN-THWN, XHHW Service Entrance and Buried Dist. ---- THW, THHN, THWN, XHHW Cable Tray------------------- EP or TC (THHN-THWN = Dual rated wire) 4.Conduit sizes are based on THW insulated Conductors and shall not be changed regardless of insulation used. 5.Control/Communications (low voltage) type wires and cables: a.These wires (cables) shall be of the size, type, materials, as called for under the specific system and as required by the system equipment manufacturer. b.When run in raceways separate from the power wiring and not mixed with the power wiring control/communications cables may have 300 volt insulation. 6.Wire pulling lubricant: When necessary to use a lubricant for pulling wires, lubricant must be listed by Underwriters' Laboratories and be of such consistency that it will leave no obstruction or tackiness that will prevent pulling out old wires or pulling in new wires, or additional wires. No soap flakes or vegetable soaps will be permitted. 7.Cable ties: Wiring in panels, cabinets, etc. shall be neat and tied with "Ty-Rap" T&B "TY-5418" series, or Panduit Co. "Cable Wrap". 8.All conductors installed by this Contractor shall be properly tagged and identified at each end. III.EXECUTION A.INSTALLATION 1.All wires or cables shall be installed in NEC approved raceways as described in Section 26.05.33 2.All branch circuit wiring shall be installed using color coded conductors, using the same code throughout. 3.Colors as selected for the purpose of identifying circuits shall be applied to the wire. The colors must be fast, fadeless and capable of withstanding cleaning in the event that the wire becomes soiled. 4.At least 6" loops or ends shall be left at each outlet for the installation of devices or fixtures in the future. All wires in outlet boxes not for the connection to fixtures at that outlet, shall be rolled up, connected together and taped. 5.Branch circuit sizing: a.All Conductors for branch circuits of 120 volts over 100' long and of 277 volts over 230' long shall be minimum #10 AWG. 6.Parallel Conductors shall be terminated on multiple barrel lugs, or on a combination of multiple barrel lugs on a common bus. Following commissioning of the circuit, division of load between conductors shall be checked. Where such variations exceed 10% of the conductor load, corrective measures must be taken to return the division to within 10%. Record of such tests, by conductor, shall be made on each feeder, along with conductor size, voltage, and location for positive location. Each test, as well as re-testing following corrective measures, shall be signed by the tester and the witness. Copies of this test shall be provided as prescribed in Section 26.00.00. 7.Pulling cables: a.Wires and cables shall be carefully handled during installation. The type of lubricant to be used for drawing in wires and cables shall be approved by the Construction Manager. 8.Splices and terminations: Splices in conductors shall be as few as Veterans Park service 01-1505 College Station, TX 26.05.19.3 possible. Where joints are necessary, they shall be mechanically strong and well made so that the electrical resistance of a joint shall not exceed that of two feet of the conductor. Splices and terminations shall be made only in junction boxes and never in conduit LB's and similar fittings. Do not splice in panels. Unless specifically approved by the Engineer no splices are to be made in locations below finished grade (such as buried pull boxes). 9.Stranded copper cables shall be terminated onto solderless lugs. Wrapping around binding posts shall not be permitted. 10.On 600 volt copper wire #8 and smaller, use wing nut solderless connectors, or solder; #6 and larger, use insulated parallel connectors; use tape to an equivalent insulation thickness on ALL uninsulated splices and apply an insulating coat of paint. Manufacturers recommendations as to sizing, stripping, twisting, etc., shall be strictly followed. 11.Connections: Shall be made with screw-on, set-screw, clamp-on, split- bolt, crimp and compression-type lugs, taps and terminal fittings. 12.Where special tools are required to properly install the particular connector the special tools shall only be used. ********************************************** END OF SECTION 26.05.19 Veterans Park service 01-1505 College Station, TX 26.05.26.1 SECTION 26.05.26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS I.GENERAL A.DESCRIPTION 1.Related Work: a.Section 26.00.00 General Requirements for ALL Electrical. b.Section 22.00.00 Plumbing/Mechanical General Requirements. 2.This shall be a completely grounded system. All electrical receptacles, switchgear shall be grounded with a green insulated grounding conductor in accordance with the NEC and/or as shown on the Drawings. 3.Extent of Work as shown on the Drawings. B.REFERENCE STANDARDS 1.Codes and Standards: a.National Electrical Code (NEC). b.National Electrical Manufacturers Association (NEMA). c.Underwriters Laboratories (U.L.). II.PRODUCTS A.ACCEPTABLE MANUFACTURERS 1.Connectors a.Burndy Corp. b.O.Z. Electrical Mfg. Co. c.Buchanan Electrical Products Corp. d.Penn-Union Electric. e.Anderson Electric Corp. 2.Ground Rods a.Anderson Electric Corp. b.Copperweld Corp. c.Penn Union Electric Corp. B.MATERIALS 1.Ground rods shall be copper weld rods 5/8" in diameter as specified or required length as noted on the Drawings but in no case shall length be shorter than 8 feet. 2.Connectors shall be industry standard type for connecting grounds, splicing, taping and the like. 3.Electrode clamps, connectors, mechanical lugs, wire terminals, or CAD weld shall be used to bond ground wires together or to junction and panel boxes. C.ITEMS TO BE GROUNDED 1.All normally non-current-carrying electrically conductive materials including: conduit systems, cabinets, junction boxes, motor frames, electrically operated and/or controlled cooling-heating units, lighting fixtures, miscellaneous equipment, etc., shall be grounded by being connected to the common grounding system. 2.System neutral to be bonded to ground of the service transformer and service disconnect device(s). III.EXECUTION A.INSTALLATION 1.All contact surfaces shall be thoroughly cleaned before connections are made to insure good metal to metal contact. 2.Grounding conductors shall: a.Be so installed as to permit shortest and most direct path from equipment to ground. b.Be installed in metal conduit with both conductor and conduit bonded at each end. Veterans Park service 01-1505 College Station, TX 26.05.26.2 c.Have connections accessible for inspection and made with approved solderless connectors, brazed (or bolted) to the equipment or structure to be grounded. d.Have a green jacket. e.Be run in conduit with power conductors or in the case of multiconductor cable run inside the cable sheath. f.In no case be a current carrying conductor. 3.For Service conduits provide bonding bushings and bond all metal enclosures and raceways together and to the grounded system. 4.All exterior grade mounted equipment shall have their enclosures grounded directly to a separate driven ground at the equipment in addition to the building ground connection. This includes grade mounted light fixtures. 5.Solidly ground and bond the neutral of all generators and transformers. B.General requirements for grounding an bonding: 1.Systems required to be grounded shall be connected to earth in a manner that will limit the voltage imposed by lightning, line urges, or unintentional contact with higher voltage lines. 2.Normally not current carrying conductive materials enclosing electrical conductors or equipment shall be connected to earth 3.Bonding of the ground system shall be such that normally non current carrying conductive materials enclosing electrical conductors or equipment or forming part of such equipment shall be connected together and to the electrical supply source in a manner that establishes and effective ground fault current path. This path shall be such that that a low impedance circuit facilitating the operation of the overcurrent device shall be capable of safetly carrying the maximum ground fault currrent imposed on it from any point on the wiring system. (NOTE THE EARTH SHALL NOT BE CONSIDERED AS AN EFFECTIVE GROUND FAULT CURRENT PATH.) C.Grounding service supplied alternating current systems. 1.A single grounding electrode conductor shall be made at an accessible point from the load end of the service dropp or service lateral to and including the terminal or bus to which the grounded service conductor is connected to the service disconnecting means. 2.Provide an unspliced main bonding jumper connecting the equipment grounding conductor(s) and the service disconnect enclosure to the grounded conductor within the enclosure for EACH service disconnect 3.For emergency generator sources the neutral where the neutral is unswitched and connected to the system neutral a bonding jumper will not be required. 4.For separatly derived systems a bonding jumper shall be installed at a single point between the source and the first system disconnect means or overcurrent device. D.For services over 200 amp the grounding electrode system shall include three driven 5/8" x 8' rods installed minimum 6' apart in a triangular shape **************************************** END OF SECTION 26.05.26 Veterans Park service 01-1505 College Station, TX 26.05.33.1 SECTION 26.05.33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS I.GENERAL A.DESCRIPTION 1.This section describes a.Raceways (def.: "any channel for holding wires, cables, or bus bars that is designed expressly for, and used solely for, this purpose" - NEC). Raceways include rigid metal conduit, rigid nonmetallic conduit, intermediate metal conduit, flexible metal conduit, electrical metallic tubing ("thinwall"), under-floor raceways, cellular concrete floor raceways, cellular metal floor raceways, surface raceways, wireways, and busways. b.outlet boxes, pull and junction box, floor boxes and mounting heights. c.Equipment and service inclosures shall all be stainless steel NEMA 4x. 2.Related Work Specified Elsewhere: a.Section 26.00.00 General Requirements for all Electrical. 3.Extent of Work as required by the Drawings and these Specifications. 4.Special system requiring special boxes are to be supplied by the system vendor, and installed by the Contractor. B.REFERENCE STANDARDS 1.Codes and Standards: a.National Electrical Manufacturers Assoc. (NEMA) b.National Electrical Code (NEC) c.Underwriters Laboratories (UL) d.American Society for Testing and Materials (ASTM) C.SUBMITTALS 1.Submit manufacturer's data for: a.All conduits, fittings bushings, and hangers. b.Standard outlet boxes up to six gang, including floor type c.All special pull, outlet, and junction boxes demonstrating compliance with the NEC and this Specification. Drawings shall indicate dimensions and location in building where boxes shall be used. II.PRODUCTS A.ACCEPTABLE RACEWAY MANUFACTURERS 1. 2.Conduit: a. Rigid metal, intermediate and EMT: (1) Allied Tube and Conduit Corp. (2) Republic Conduit. (3) Triangle PWC Inc. (4) Perma-Cote Ind. b.Flexible and flexible water-tight: (1) AFC Cable Systems. (2) Anaconda Metal Hose. (3) Triangle PWC Inc. (4) O.Z. Gedney. c.PVC Coated Rigid Metal Conduit (1)Plasti-Bond (2)Perma-Cote (3)KorKap d.Plastic rigid: Veterans Park service 01-1505 College Station, TX 26.05.33.2 (1) Carlon. (2) Superior Essex. (3) Allied Tube and Conduit. e.Conduit supports and hangers: (1) Caddy. (2) Thomas and Betts. (3) Appelton. (4) Cooper Crouse-Hinds. (5) Cooper B-Line Systems.. f.Insert anchors: (1) Ackerman-Johnson. (2) Paine. (3) Phillips. B.RACEWAY MATERIALS 1.Conduit. a.Rigid metal (RMC): (1)Hot dipped galvanized rigid steel, meet ASTM Standard A-153 galvanized after fabrication. (2)Bear UL label and manufacturers name. (3)Meet UL Standard #6. b.Intermediate (IMC): U.L. 1242 and Fed. Spec. WWC-581. c.Electrical metallic tubing (EMT or Thinwall) shall: (1)Be of open hearth, cold rolled, strip steel tubing, of standard sizes and weights, especially selected with reference to uniformity and freedom from defects. (2)Have each length stamped with manufacturers name and trademark, and bear Underwriter's label. (3)Have inner wall of conduit coated with one or more coats of baked on enamel of such consistency that it will not become soft or sticky and prevent the free insertion or withdrawal of conductors. (4)Have electrically welded seams, and an outside electrically galvanized or similar finish. (5)Be highly resistant to the corrosive effect of moisture, alkali, dirt, dust, and other injurious agents. (6)Thinwall conduit fittings: All thinwall conduit fittings for damp, wet or exposed locations shall be malleable iron of the regular watertight design, with hexagonal nuts and center portions requiring the use of a wrench during installation. The use of steel compression fittings or steel set screw fittings will be permitted elsewhere. d.Flexible conduit: Shall: (1)Be flexible rubber or plastic coated type in all wet locations with watertight ferrule and sleeve type connectors. e.PVC Conduit: (1)All PVC conduit shall meet all NEMA, ASTM, and U.L. Standards. PVC shall be Schedule 40 and be as manufactured by Carlon or approved equal. Veterans Park service 01-1505 College Station, TX 26.05.33.3 C.BOX AND EQUIPMENT ENCLOSURE SHALL: 1.Be manufactured using 14 gauge type 304 or type 316l stainless steel bodies and doors 2.Assembly shall be fabricated using ontinuously welded and ground smooth seams. 3.With seamless foam-in-place gasket 4.Have rolled lip around three sides of door 5.Stainless steel door clamp assembly shall: a.Have integral facilities to lock wusing a padlocking b.Door removed by pulling stainless steel continuous hinge pin c. Collar studs provided for mounting optional panels d.Exterior hardware on type 316l stainless steel enclosures matching enclosure material e.Bonding provision on door; grounding stud on body 6.Finish a.Door, sides, top and bottom have smooth #4 brushed finish. III.EXECUTION A.RACEWAY INSTALLATION 1.All raceways are to be concealed unless otherwise specifically indicated on the Drawings. When exposed the exact routing shall be confirmed in the field with the A/E prior to roughing in. 2.Sizing: All wiring shall be in NEC approved raceways sized as shown on the Drawings, or, if not sized on the Drawings, in accordance with the NEC. 3.Contractor to install raceway systems where indicated on the Drawings, complete with all J-boxes and pull boxes as necessary and noted on plans. 4.All Conduits: a.All conduits shall: Have openings temporarily plugged to exclude plaster or other foreign materials; be no smaller than 1/2", be reamed after cutting; have joints cut square, and butt solidly into fittings; have the ends terminated in a proper bushed fitting; be rigidly supported so as to prevent undue stress or strain on the couplings and connectors. b. On all conduit 1" trade size and larger, bushings shall be of the insulated type. Except service entrance conduits shall be provided with grounding type bushings. c.All conduit systems must be installed complete before conductors are pulled in and be electrically continuous throughout. Conduit supported from ceiling, fixture, or mechanical system supports will not be accepted. d.Exposed conduits shall be installed at right angles to the building lines; all breaks and turns being made with cadmium or hot galvanized covers. All conduit fittings shall be as recommended by the manufacturer of the conduit. Approval of the A/E must be obtained for location and aesthetics of each and every run of exposed raceway prior to installation. 5.Rigid Conduit: Veterans Park service 01-1505 College Station, TX 26.05.33.4 a.Rigid steel conduit shall be used for all services b.All rigid conduits shall be cut square, threaded, reamed smooth, and drawn tight in that order. Bends or offsets shall be made with standard conduit ells. 6.IMC: May be used in lieu of rigid, where approved by NEC. a.All IMC conduits shall be cut square, threaded, reamed smooth and drawn tight in that order. Bends or offsets shall be made with standard conduit ells. 7.Electrical Metallic Tubing: a.Electrical metallic tubing (EMT) or "Thinwall" (T.W.) may be used where conduit is 3/4" or smaller. *********************************************** END OF SECTION 26.05.33 Veterans Park service 01-1505 College Station, TX 26.24.00.1 SECTION 26.24.00 SWITCHBOARDS AND PANELBOARDS I.GENERAL A.DESCRIPTION 1.Related Work Specified Elsewhere: a.Section 26.00.00 General Requirements for All Electrical. b.Section 26.28.00 Low Voltage Circuit Protective Devices. 2.Extent of Work as shown on the Drawings. B.QUALITY ASSURANCE 1.National Electrical Manufacturers Association (NEMA). 2.Underwriters Laboratories (UL). 3.National Electrical Code (NEC). 4.Underwriters' Laboratories, Inc. (UL). 5.American Society for Testing and Materials (ASTM). C.SUBMITTALS 1.Submit manufacturer's data demonstrating compliance with this Specification and the Drawings in accordance with Section 26.00.00. Information shall include but not be limited to: a.A panel schedule indicating branch circuit number, size and type of individual over current device, interrupting capacity of the device, number of poles, type (breaker or fused switch) for each panel. b.Integrated interrupting capacity of the panel. c.Bus material and AIC bracing. d.Demonstrate means of identification of each circuit and of each panel by mark corresponding to the Drawings. Explain any deviations. e.Clearly indicate all dimensions and that it has been verified that the equipment will fit into place. f.Indicate ground bus kits. g.Finish (flat prime or baked enamel). h.U.L. listing for application being submitted. 2.Submit test reports on integrated panel. 3.Maintenance and operating instructions. II.PRODUCTS A.ACCEPTABLE MANUFACTURERS 1.Square D Company (Sq. D). 2.Cutler-Hammer (C-H). 3.General Electric (GE) 4.Westinghouse Electric (W.E.). B.MATERIALS 1.All panel boards shall: a.Be enclosed in a code gauge steel cabinet. b.Have dead front construction. c.Be NEMA 4X stainless steel. d.Have ground bus kits installed. e.Have bus structure of size and short circuit ratings called for on the Drawings (Bus rating to be integrated equipment rating established according to U.L.-67). Veterans Park service 01-1505 College Station, TX 26.24.00.2 f.Have solderless main lugs and solid neutral. g.Be mounted with the highest device handle not more than 6'-0" above finished floor. h.Have protective devices as covered by Section 26.28.00. i. Have neutral conductors grouped on a common bus. j. Have all terminals rated for copper or aluminum. k. Be U.L. listed (approved). l. Have bus bars of 98% conductivity copper and minimum cross sectional area based on U.L. 67 for heat rise. m. Have doors which are equipped with: (1)At least three hinges. (2)Spring latch with key lock having all keys keyed alike. (3)Framed directory on inside with 1/16" thick glass or plastic cover and typewritten directory card identifying the load fed by each circuit including room and number. Spares and spaces shall be noted in pencil. n.Be finished as called for on the Drawings - if not called for finished blue-gray lacquer. o.Be designed so as to permit a combination of one, two or three pole breakers to be readily assembled (breaker type panels only). p.Have branch circuit breakers operable in any position and removable from the front of the panel without disturbing adjacent units (breaker type only). q.Be of the bolted circuit breaker r.Have minimum of 5" wide top and bottom gutters and 6" side gutters. III.EXECUTION A.INSTALLATION/APPLICATION 1.All panels shall be installed plumb and level. 2.Flush mounted panels shall be set so as to assure that the flush trim will be flush with the finished wall surface. 3.Flush type panels shall be securely fastened to structural members of the wall. Provide additional supports as required for a secure installation. 4.Surface mounted panels shall be securely bolted to the mounting surface. 5.provide a means of keeping unauthorized hands out of live panels during construction when panel fronts have not been installed. 6.All wiring in panels shall be neat, rounded corners, tied in bundles with approved ties. (See Section 26.24.00). 7.Comply with all requirements as noted on the Drawings. ********************************************************* END OF SECTION 26.24.00 Veterans Park service 01-1505 College Station, TX 26.28.00.1 SECTION 26.28.00 LOW VOLTAGE CIRCUIT PROTECTIVE DEVICES I.GENERAL A.DESCRIPTION 1.Related Work: a.Section 26.00.00 General Requirements for All Electrical. b.Section 26.24.00 Switchboards and Panelboards c.Section 22.00.00 Plumbing General Requirements d.Section 23.00.00 Mechanical General Requirements 2.Extent of work as required by the Drawings. B.REFERENCE STANDARDS 1.National Electrical Code (NEC). 2.Underwriters Laboratories (UL). 3.American National Standards institute (ANSI). 4.National Electrical Manufacturers Association (NEMA). 5.Applicable State and Local Codes. C.SUBMITTALS 1.All submittals shall be in accordance with Section 26.00.00 General Requirements for all Electrical 2.Shop Drawings (Fuses): a.Submit manufacturer's data showing fuse name symbol, voltage rating, U.L. class, interrupting capacity, I squared t characteristics and accessories and time-current curves. b.Drawings shall indicate the fuse symbol and ampere rating for each disconnect or device. 3.Shop Drawings (Breakers): a.Submit manufacturer's data demonstrating compliance with the Drawings and these Specifications. b.Shop Drawings shall clearly indicate type of breaker, size, trip characteristics, interrupting capacity.PRODUCTS D.ACCEPTABLE MANUFACTURERS 1.Fuses: a.Bussman Mfg. Div. b.Mersen. 2.Breakers: a.Square D Co. b.General Electric Company 3.Disconnects: a.Square D Company. b.General Electric Company. E.MATERIALS 1.Circuit Breakers: a.All circuit breakers shall: (1)Be quick-make, quick-break type. (2)Have toggle mechanism insuring full contact pressure until time of opening whether manually or automatically operated. Veterans Park service 01-1505 College Station, TX 26.28.00.2 (3)Have inverse time tripping characteristics with fixed thermal trip action to hold in on harmless momentary overload. (4)Under short circuit conditions, cause the magnetic trip element to instantly trip without damage or injury. (5)Have non-welding, non-corroding contacts. (6)Have mechanism enclosed in molded bake-lite case, sealed to prevent tampering or unauthorized changes in calibration. (7)Be U.L. listed. (8)Be "bolted" type. (9)Have contacts operate in a multiple plate arc quenching chamber vented to load side of breaker. (10)Be rated for A.I.C. compatible with ratings of the panel or switchboard bus they are to be used in as scheduled on the Drawings. (11)Be calibrated for operation in a minimum ambient temperature of 40 C. (12)Be common trip type for all multi-pole breakers. (13)Be 20 ampere minimum unless otherwise specifically called for. (14)Have a minimum of 10,000 A.C.I. rated when used as a main breaker, and sized per U.L. 67 unless otherwise noted on Drawings. Minimum of 10,000 A.C.I. on any breaker. (15)Not require more space than the equivalent number of single pole breakers when indicated to be a multipole breaker. (16)Have operating handle that visually indicated "on", "off", or "tripped" condition. (17)Clearly indicate their ampacity and frame size. II.EXECUTION A.INSTALLATION/APPLICATION: 1.Provide overcurrent protection for all wiring and w\equipment in accordance with the NEC, all federal, state and local codes as required. 2.Should nameplate data disagree with the size or application of an overcurrent protective device shown on the Drawings, bring it to the attention of the Architect-Engineer. 3.All breakers must clearly indicate their size, must clear panel doors and be mounted on frame allowing outward and inward adjustment. The depth of the panel shall also permit adjustment. 4.Each breaker shall be provided with a numerical designation strip. 5.All multiple pole breakers shall have common trip. Wires, pins, etc., between single pole breakers to form common trip will not be acceptable. 6.In general all 120 volt lighting and receptacle circuits shall be fed from 20 ampere single pole breakers. Unless specifically called for, or NEC required, no breakers less than 20 amperes shall be allowed. 7.Where spaces are called for they shall be complete with bus links. 8.The use of "Multi", "Push-O-Matic", or "Quicklag" breakers shall not be permitted. Veterans Park service 01-1505 College Station, TX 26.28.00.3 9.All breakers shall have AIC ratings equal to or in excess of AIC rating of the panel or switchboard in which they are installed as shown in Schedule on the Drawings. 10.Where separate control voltages are used for control circuits within the motor controllers, the disconnect device shall disconnect simultaneously the control circuits together with the power circuits. The Contractor shall be responsible for accomplishing this requirement. 11.Where Class R fuses are called for, or required, furnish Class R rejection kits with the fused switch. 12.Where a "twist-lock" disconnect is used for a motor or other load, the Contractor shall be responsible for verifying that the equipment to be served has thermal (running) protection. ****************************************** END OF SECTION 26.28.00 View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4247150&GUID=F8EBD68F-C3A1-43B8-BE13-79038DECB55A[2/19/2016 1:14:49 PM] City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0102 Name:Interlocal Agreement with Blinn College Status:Type:Contract Consent Agenda File created:In control:2/10/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action, and discussion of an interlocal agreement with Blinn College for the City Fire Department to provide clinical sites to Blinn EMS students. Sponsors:Eric Hurt Indexes: Code sections: Attachments:K CS Fire Dept Affil Agreemt 6 Action ByDate Action ResultVer. Presentation, possible action, and discussion of an interlocal agreement with Blinn College for the City Fire Department to provide clinical sites to Blinn EMS students. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Improving Mobility ·Sustainable City Recommendation(s): Staff recommends approval of this Interlocal Agreement Summary: The College Station Fire Department will provide clinical sites to Blinn College EMS students that are required to do EMS rideouts as part of their curriculum. College Station Fire Department also uses Blinn College to teach and certify our paramedics. Budget & Financial Summary: N/A Legal Review: Yes. Attachments: Copy of Interlocal Agreement College Station, TX Printed on 2/19/2016Page 1 of 1 powered by Legistar™ 1 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx CLINICAL AFFILIATION AGREEMENT This Clinical Affiliation Agreement (“Agreement”) is made and entered into by and between Blinn College, a public community college district established under Chapter 130 of the Texas Education Code and political subdivision of the State of Texas ("Blinn College" or "College") and the City of College Station, Texas a Texas home-rule municipal corporation (“City”), relating to the following Blinn College Health Sciences Program(s): Emergency Medical Services Program. W I T N E S S E T H T H A T: WHEREAS, Blinn College is a public junior college, duly organized and established under the laws of the State of Texas; and, WHEREAS, in its efforts to provide a comprehensive community college program, including courses in occupational, semi-technical, or technical fields leading directly to employment, Blinn College has established various programs relative to health sciences care; and, WHEREAS, in the proper operations of such programs, it is necessary that students obtain appropriate clinical experience, including but not limited to the assessment, planning, implementation, and evaluation of care to individuals, families, and groups; and, WHEREAS, the City has a fire department, which can provide clinical practice and serve as a clinical laboratory for the provision of such necessary appropriate clinical experience for students of Blinn College, and, WHEREAS, Blinn College, through its Board of Trustees or its administrative designee, is empowered by virtue of the laws of the State of Texas to enter into this Agreement with the City for the educational services described in this Agreement, namely the provision of clinical experiences to students of Blinn College; and, WHEREAS, the City considers it in its best interest and to its benefit to encourage, participate, and cooperate in the clinical education of students of Blinn College; NOW, THEREFORE, in consideration of the above recitals, the parties agree that Blinn College shall secure educational services from the City and specifically from its fire department under the following terms and conditions: Article I - Definitions Section 1-1. The following terms shall have the meanings respectively prescribed for them except as the context may otherwise require: (A) "Clinical Experience": Clinical Experience refers to the education of Blinn College Students relative to the assessment, planning, implementation, and evaluation of health sciences services and care to individuals, families, and groups. (B) "City Fire Chief ": The City’s Fire Chief or his designee responsible for coordinating Student clinical experiences at the City’s Fire Department. 2 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx (C) "Designated Supervisor and Preceptor": Designated Supervisor and Preceptor are terms used to describe the City employees who are actively involved in clinical instruction and/or supervision of Students when faculty are unavailable in clinical practice. (D) "Director or Coordinator of College Program": Director or Coordinator of College Program refers, as appropriate, to the director of the Blinn College program or the director's designee, for which clinical experience is provided under this Agreement. (E) “Facility, Facilities”: Facility, facilities shall describe the clinical practice location at 300 Krenek Tap Road, College Station, Texas 77840. (F) "Faculty, Staff": Faculty refers to that member of the faculty of a particular Blinn College program who is responsible for the instruction of Students while assigned to the City’s Fire Department for clinical practice for clinical experience. The Faculty is directly responsible to the director/coordinator of each respective Blinn College campus. Staff refers to an individual who is an employee of Blinn College within a “program” and whom Blinn College believes requires access to the City’s Fire Department under the clinical experience granted under this Agreement. (G) "Program": Program refers to the following Blinn College programs: Emergency Medical Services (EMS) Programs. (H) "Student, Students": Student or Students refers to Student or Students of any Blinn College Health Sciences Program. Section 1-2. All other terms shall have the meaning prescribed for them in the published rules and regulations relating to the respective program's education, licensure and practice for that field of study in the State of Texas, as adopted or enacted by the examiner of the applicable State licensing agency, unless the context requires otherwise. Article II - General Provisions & Obligations Section 2-1. The City agrees to grant Faculty, Staff and Students access to its Facilities as are reasonably approved by the City’s Fire Department Manager consistent with the purposes of this Agreement. Such access is to be granted without regard to race, color, religion, sex, age, economic status, national origin, disability, or other discriminatory factors prohibited by law. Notwithstanding such access, it is clearly understood by the parties that the ultimate responsibility for care remains with the City and the individual(s) responsible for the care when the Students are not present. Students will not replace City staff nor provide services to the City’s Fire Department clients apart from participating in the Program for its educational value. The number of Students granted access to the Facility shall be mutually agreed upon by the City Fire Chief and the Director or Coordinator of College Program prior to the beginning of a semester. No changes in numbers granted access should occur during the semester for any assigned clinical group of Students without offering an alternative clinical experience for involved Students. This provision shall not diminish the rights and obligations of the parties pursuant to Section 2 -4. Students shall have the opportunity to complete course objectives. Section 2-2. Blinn College agrees to exercise the above granted right of access to such approved Facilities pursuant to this Agreement and in a manner which does not jeopardize the well -being of the 3 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx City and its Fire Department, its staff, and patients/clients. The ratio of Students to Faculty members shall meet recommendations of regulatory agencies of each program. Section 2-3. The parties hereto agree that each shall perform its rights and obligations hereunder consistent with their respective applicable provisions of licensing authorities, including the Blinn College Board of Trustees, Blinn College policies and procedures, the Texas Higher Education Coordinating Board rules and guidelines, and any other applicable laws, rules, and regulations. Section 2-4. This Agreement shall be effective as of the date of last approval by the parties hereto , and shall be in full force and effect until August 31, 2018, unless terminated sooner by either party pursuant to the terms of this Agreement. This Agreement may, however, be reviewed and amended as may appear necessary and found mutually agreeable by the parties hereto. Either party may terminate this Agreement without cause or penalty by providing (60) days written notice to the other party. Notwithstanding the foregoing, all Blinn College Students enrolled in a course of study or rotation at the time of notice of termination shall be given the opportunity to complete their clinical rotation. Such Students must complete their clinical rotation within one (1) year of the effective date of termination of this Agreement. Section 2-5. For the duration of this agreement, Blinn College shall carry insurance coverage to protect Blinn College and the City of College Station from liability and/or malpractice claims resulting from Blinn Students’ participation in the Emergency Medical Services program. Blinn College shall provide professional liability insurance for its Faculty with insurance carriers licensed and authorized to conduct business in Texas, with limits of liability of not less than $1,000,000/$3,000,000. Upon execution of this agreement, Blinn College shall provide the City a certificate of liability insurance issued by the carrier on the most current State of Texas Department of Insurance-approved forms providing evidence of the liability insurance policy. Blinn College shall inform Students that Students are financially responsible for the Students’ personal health care/hospitalization insurance and any costs incurred as a result of participating in the program(s). Section 2-6. The parties hereto agree to assist each other in all acts or steps necessary to gain and maintain approval of all appropriate regulatory agencies necessary to the conduct and continuation of the clinical experiences contemplated by this Agreement. Section 2-7. All parties to this Agreement shall exercise confidentiality with regard to all client and staff information gained during the clinical experience in accordance with the Health Information Portability & Accountability Act (“HIPAA”), the Family Educational and Privacy Rights Act (“FERPA”), and other applicable laws related to confidentiality and sharing of information. Blinn College shall inform its Students, Faculty and Staff of the duty of confidentiality and HIPAA regulations as an integral part of the clinical experience and shall enforce same. The City Fire Department shall inform its staff of the duty of confidentiality and FERPA regulations and shall enforce same. Section 2-8. It is the intent of the parties that they shall work together in good faith in making appropriate in service workshops and seminars available to Students, Faculty, and Staff. Section 2-9. The City Fire Chief of the appropriate clinical area and the respective Director or Coordinator of College Program shall be those individuals primarily responsible for the implementation of this Agreement. They may also consider possible uses of other agency resources in conjunction with the clinical experience provided pursuant to this Agreement. Any problems arising from this Agreement 4 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx shall first be considered by the City Fire Chief of the appropriate clinical area and such applicable Director or Coordinator of College Program. Article III - Students Section 3-1. The standards for the admission of Students to any Blinn College Health Sciences Program who shall be authorized to enter a clinical experience at the appropriate clinical Facility shall be determined by Blinn College in accordance with its published admissions criterion, the guidelines established by any applicable licensing or accrediting agencies, Blinn College policies and procedures, and State and Federal law. Admissions shall be granted without regard to race, color, religion, sex, age, economic status, national origin, disability, or other discriminatory facts prohibited by law. Section 3-2. Students shall be required to present to the respective Director or Coordinator of College Program written documentation of a physical examination, current immunizations, drug screening, and criminal background check prior to commencing clinical experiences. Written documentation and/or evidence to the extent not protected as confidential or not prohibited from disclosure under applicable law, as reasonably required by the City Fire Department shall be provided to the appropriate City official before Students begin their clinical experience. Section 3-3. Students shall adhere to the dress code of the respective Blinn College program(s) and the City Fire Department. Except as the City Fire Department rules may otherwise provide, Students shall wear identifying name plates, setting forth the name of the Student and the fact that the individual is a Student of Blinn College. Section 3-4. Unless provided by other applicable law, Students are not employees of the City nor its Fire Department and are not entitled to wages, compensation, or fringe benefits associated with employment as a result of their participation in the clinical experience. This provision shall not, however, be deemed to prevent a Student's participation in or receipt of financial aid available through Blinn College or other sources. Section 3-5. Students shall receive an appropriate orientation to the City Fire Department Facilities. Orientation will be arranged by Faculty with the City Fire Chief. Section 3-6. The City Fire Department shall make available emergency medical care to any Student injured while at its Facilities pursuant to this Agreement. The City shall be relieved of this responsibility when such Student's personal physician, if any, attends to such Student. To the extent the cost of such medical care is not covered by insurance personally carried by the Student or provided as part of the registration fee under Section 2-5, the City shall collect such cost directly from the injured Student and not from Blinn College. Blinn College does not hereby or otherwise undertake any financial responsibility for the payment of such costs. Section 3-7. If any Student's health, conduct, or care is considered by the City Fire Department to have a detrimental effect on its patients or staff, the City Fire Chief shall notify the appropriate Faculty immediately. The Faculty shall take appropriate action consistent with Blinn College policy. In the event that a Faculty member is not readily available and immediate action is necessary, the Student may be withdrawn from the patient/client care situation by the City Fire Chief until the Faculty is notified. A written report concerning the Student and the related incident shall be provided with reasonable detail to the appropriate Faculty if action is taken by the City Fire Department personnel. 5 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx Article IV - Blinn College Faculty Responsibilities Section 4-1. Blinn College shall provide qualified Faculty sufficient in number to provide supervision of Students or arrange alternate supervision, in accordance with regulatory agencies, and any other requirements applicable to the program, including requirements of Faculty under this Agreement. Faculty shall have such qualifications, preparation, and experience necessary to assume general responsibility for the supervision and instruction of Students. Blinn College agrees to acknowledge and verify to the City Fire Department that Faculty members or the arrangement of alternate supervision have the requisite qualifications and experience. Faculty will be responsible for evaluating the Student performance for the clinical portion of the program, based on criteria provided by the school, and based on those evaluations and additional course requirements. Blinn Faculty will be responsible for assigning a final grade for the clinical experience. Section 4-2. Prior to assuming any responsibilities hereunder as Faculty, Blinn College Faculty members shall be oriented to Facilities and policies of the clinical agency as required by the City Fire Department. Blinn College shall provide the necessary time for its Faculty members to attend such orientation. Section 4-3. Blinn College agrees to provide or cause the Faculty and Students to provide evidence of current immunizations of Faculty and Students as required. Section 4-4. Blinn College agrees that in the operation of its clinical experiences, it will follow the policies and procedures of the City Fire Department. Section 4-5. Blinn College agrees to provide the City Fire Chief with the goals or objectives of the respective programs and any changes thereto. Section 4-6. Blinn College through qualified Faculty members, shall supervise the Student clinical experience in collaboration with City’s staff members. Section 4-7. Blinn College Faculty members shall assign Students to particular clinical areas and confer with the City Fire Chief, for selection of specific learning experiences and the number of Students to be assigned to each clinical area. Hours of clinical experience will vary and may include day, evening, or night shifts. Course and clinical objectives, along with schedules, will be submitted prior to the start of each semester and be verified with the City Fire Chief. Section 4-8. Blinn College Faculty, or designated supervisors, will direct Students in the administration of safe care for assigned clients during the hours of clinical experience based on specific course objectives. Section 4-9. Blinn College Faculty, or Designated Supervisors, will review documentation in client records completed by Students. The Blinn College Faculty members will not cosign Student entries in client records. Section 4-10. Blinn College Faculty will maintain records of Student progress and evaluate Student learning. Section 4-11. Blinn College Faculty members will provide for clear channels of communication between Blinn College and the City Fire Department. 6 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx Section 4-12. Blinn College Faculty will maintain responsibility for withdrawal of Students from the Blinn College program when necessary. Article V – City Responsibilities Section 5-1. The City through its Fire Department Manager agrees to submit to Blinn College a written copy of its policies and procedures and written copies of any amendments or additions. Section 5-2. The City Fire Chief shall be responsible for coordinating Student clinical experiences with Blinn College Faculty members so that no more Students than can be assigned effectively are in a clinical area at any one time. Section 5-3. The City Fire Department, its managers and Designated Supervisors and Preceptors may attend meetings with Faculty for purposes of discussing specific objectives for Student learning. Section 5-4. The City will provide adequate safeguards, such as safety equipment and enforcement of policies and procedures, to prevent injury and transmission of infectious disease. Section 5-5. The City Fire Chief will provide for clear channels of communication to Blinn College. Section 5-6. In addition to general Facilities of the City Fire Department made available pursuant to this Agreement, where available, the City Fire Department shall provide conference Facilities for Students and Faculty for use during clinical rotations at no cost to Blinn College. Use of conference Facilities shall be coordinated through the City Fire Chief. Section 5-7. If the physical Facilities of the College Fire Department, which are defined in Section 1-1, include a library, the City Fire Department will make available to Blinn College Students its holdings in health sciences literature. Section 5-8. The City Fire Department agrees to work with Faculty to appoint a Designated Supervisor in selected clinical areas where Faculty will not be immediately available. Section 5-9. The City Fire Department personnel who work with Blinn College Students in providing the clinical experience shall hold the required licenses and have such qualifications, preparation, and experience necessary to perform the services and carry out the obligations under this Agreement. The City Fire Department agrees to acknowledge and verify to Blinn College that the City Fire Department personnel have the requisite licenses, qualifications, and experience. Article VI - General Terms & Conditions Section 6-1. This Agreement may be executed in identical counterparts, each of which will be deemed an original, but both of which will constitute one and the same instrument. Each party may rely on electronic or facsimile signature pages as if such electronic or facsimile pages were originals in accordance with the Texas Electronics Transactions Act. Section 6-2. This Agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of Texas without regard to its choice of law or conflicts of law provisions. 7 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx Section 6-3. This written Agreement contains the sole and entire agreement between the parties and supersedes any and all other contracts between the parties regarding the furnishing of Facilities for the clinical experiences for the Blinn College Programs or the respective obligations of the parties under this Agreement. It is recognized, however, that the parties hereto may enter into collateral contracts regarding other health occupation fields. Such other contracts are not intended to c hange or alter the terms of this Agreement unless so done in writing. Section 6-4. No waiver or modification of this Agreement or of any covenant, condition or limitation herein contained shall be valid unless in writing or duly executed by the party to be charged therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in any proceeding or litigation between the parties arising out of or affecting this Agreement or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein set forth. Section 6-5. This Agreement shall be binding upon and inure to the benefit of the respective parties and their respective successors and permitted assigns. Section 6-6. Both parties to this Agreement expressly acknowledge that both are governmental entities and political subdivisions of the State of Texas and nothing in this Agreement will be construed as a waiver or relinquishment by either party of their respective right to claim such exemptions, privileges, and immunities as may be provided by law. It is understood that both parties are political subdivisions of the State of Texas, and are entitled to immunity from tort claims under Texas law, including, without limitation, the Texas Tort Claims Act and other applicable state and federal statut es. Nothing contained in this Agreement shall be deemed to waive any immunities to which either party is entitled under law. Section 6-7. Public Information: Parties acknowledge and agree that both the City and Blinn College are obligated to strictly comply with the Public Information Act, Chapter 552, Texas Government Code, in responding to any request for public information pertaining to this Agreement. Section 6-8. This Agreement is made for the sole benefit of the City and Blinn College and their respective successors and permitted assigns. Nothing in this Agreement will create or be deemed to create a relationship between the parties to this Agreement and any third person, including a relationship in the nature of a third-party beneficiary or fiduciary. Section 6-9. Venue: This Agreement is performable in Brazos County, Texas. Section 6-10. Force Majeure: Neither party is required to perform any term, condition, or covenant of this Agreement, if performance is prevented or delayed by a natural occurrence, a fire, an act of God, an act of terrorism, or other similar occurrence, the cause of which is not reasonably with the control of such party and which by due diligence it is unable to prevent or overcome. Section 6-11. Execution and Modification: This Agreement is binding only when duly approved and signed by both parties. Any modifications or amendments must be in writing and signed by both parties. Section 6-12. Assignment: This Agreement, with the rights and privileges it creates, is assignable only with the written consent of both parties. Section 6-13. Severability: If any of the provision of this Agreement in the application thereof to any person or circumstance is rendered or declared illegal for any reason, or shall be invalid or unenforceable, 8 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law. Section 6-14. Independent Contractor: The parties hereby acknowledge that they are independent contractors, and neither of the parties nor any of their respective agents, representatives, students or employees shall be construed to be the agent, representative, student or employees of the other party. In no event shall this Agreement be construed as establishing a partnership, joint venture, joint enterprise or similar relationship between the parties. Each party shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes or benefits of its employees. Section 6-15. Compliance with Federal Law: (A) Both parties will comply with all applicable Federal, State, and local laws, ordinances, rules, and regulations; comply with all applicable requirements of any accreditation authority; and certify such compliance upon request by the other party. (B) In compliance with Federal law, including provisions of Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, both parties agree to not discriminate on the basis of race, sex, religion, color, national or ethnic origin, age, disability or military service in their administration of policies, programs, or activities, admission policies, other programs and employment. Section 6-16. Notices: Any notice required or permitted under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, email (to the extent a facsimile number or email address is set forth below) or other commercially reasonable means and will be effective when actually received. Each party can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: City of College Station City Fire Department P.O. Box 9960 College Station, TX 77842 Attn: Fire Chief Blinn College Attention: Office of the President 902 College Avenue Brenham, Texas Phone: 979-764-3705 Fax: Email: _________________________ Phone: _________________________ Phone: _________________________ Fax: _________________________ Fax: _________________________ Email: _________________________ Email: _________________________ 9 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx Section 6-17. Mutual Release: The City and Blinn College, to the extent allowed by the Constitution and laws of the State of Texas, each release the other from any and all losses, claims, demands, damages, liabilities and costs directly or indirectly arising from or related to such releasing party’s acts and omission or that of its officers, employees, affiliates, contractors and agents. Under no circumstances shall either party be liable to the other party for any special, indirect or consequential damages, including without limitation, lost profits or cost of capital. (Signature Page Follows) 10 86861a7b-73c9-4d16-96b6-19f0b9df47ca.docx IN WITNESS WHEREOF, the undersigned parties have hereunto caused this Agreement to be duly executed on the day and year first above written. BLINN COLLEGE By: ____________________________________________ Dr. Mary Hensley District President/CEO Blinn College Approved: Name of Program(s): _______________________________________ ____________________________ ________________________ Blinn College _______________________________________ ____________________________ ________________________ Blinn College CITY OF COLLEGE STATION By: Printed Name: Title: Date: APPROVED: City Attorney Date: _____________ Assistant City Manager/CFO Date: _______________ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0104 Name:PDD Rezoning - Residences at College Station Status:Type:Rezoning Agenda Ready File created:In control:2/15/2016 City Council Regular On agenda:Final action:2/25/2016 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 O Office to PDD Planned Development District for approximately 7 acres being situated in the Thomas Caruthers League, abstract no. 9, in College Station, Brazos County, Texas, being the northern portion of that 25.79 acre tract conveyed to Brian Howard Perry by deed recorded in volume 10459, page 34 of the Official Public Records of Brazos County, Texas, generally located at 3600 Rock Prairie Road, more generally located at the intersection of Rock Prairie Road and Medical Avenue, to the east of Scott and White Hospital. Case #REZ2015-000033 Sponsors:Jessica Bullock Indexes: Code sections: Attachments:Background Information Aerial and Small Area Map 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 O Office to PDD Planned Development District for approximately 7 acres being situated in the Thomas Caruthers League, abstract no. 9, in College Station, Brazos County, Texas, being the northern portion of that 25.79 acre tract conveyed to Brian Howard Perry by deed recorded in volume 10459, page 34 of the Official Public Records of Brazos County, Texas, generally located at 3600 Rock Prairie Road, more generally located at the intersection of Rock Prairie Road and Medical Avenue, to the east of Scott and White Hospital. Case #REZ2015-000033 Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item on February 4, 2016 and voted 5-0 to recommend approval. College Station, TX Printed on 2/19/2016Page 1 of 4 powered by Legistar™ File #:16-0104,Version:1 Summary: The applicant is requesting a PDD Planned Development District zoning on approximately seven acres to build a Nursing Home. The PDD uses a base zoning district of O Office. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1.Consistency with the Comprehensive Plan:The subject property is located within the Medical District Master Plan, which aims to support the City’s goal of designating a special district that will establish identity, promote continuity, and invite significant new investment to fulfill the demand for medical and health care related uses in the emerging medical district and in the City of College Station. The subject property is designated as Medical Use on the Comprehensive Plan Future Land Use and Character Map. Land Use - Medical Use: a pedestrian-friendly area intended to provide a concentration of medical-related uses. Uses include all medical services, rehabilitation, sports medicine, psychiatric, laboratories, pharmacies, senior housing, assisted living, hotels, and education. The proposed PDD Planned Development District zoning uses a base zoning district of O Office to allow for a nursing home and rehabilitation facility. The rezoning request is consistent with the Comprehensive Plan Future Land Use and Character Map and the Medical District Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood:To the west is Scott and White Hospital. To the east and north, across Rock Prairie Road are large acreage single-family/agricultural tracts zoned R Rural. The area to the south is currently zoned O Office and developed for single- family use. The area on the east side of Highway 6 is developing in line with the Medical District Plan. This rezoning is compatible with continued medical development in 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 proposed PDD uses a base zoning district of O Office and adds the use of Extended Care Facility/Convalescent/Nursing Home. Located directly adjacent to the Scott and White Hospital in close proximity to other medical services, major thoroughfares, and residential development the property is suitable for a nursing home. 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 subject property is currently zoned O Office. Uses permitted in this district include, education facilities, medical clinics, and offices which are in line with the Medical District Plan. Located near other medical uses, major thoroughfares, and given the amount of residential property in the area, this property is suitable for these uses. 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 is currently zoned O Office and is currently marketable as such. College Station, TX Printed on 2/19/2016Page 2 of 4 powered by Legistar™ File #:16-0104,Version:1 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use:There is an existing 8-inch waterline along the south side of Double Mountain Road, as well as an 18-inch water main on the south side of Rock Prairie Road adjacent to the tract. There is also a 6-inch sanitary sewer line along the north side of Double Mountain Road. Recent analysis of the downstream lift station has shown that there are capacity limitations, and further site development will necessitate lift station improvements. The applicant has acknowledged this issue and will address the capacity needs as part of the platting and site development. Detention is required in this area, where stormwater from the site generally discharges to the east within the Lick Creek Drainage Basin. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The property is adjacent to Rock Prairie Road, a Four-Lane Major Arterial and will have access to Medical Avenue, a Two-Lane Major Collector. The Comprehensive Plan Thoroughfare Plan also shows a future Two-Lane Minor Collector along the southern boundary of the subject area. The proposed use would generate approximately 60 trips in the peak hour. Due to the limited traffic associated with the proposed use, a Traffic Impact Analysis was not required. 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. College Station, TX Printed on 2/19/2016Page 3 of 4 powered by Legistar™ File #:16-0104,Version:1 General:The proposed Concept Plan proposes a skilled nursing and rehabilitation facility that will treat residents needing long term medical care. The building will have a maximum height of 35 feet. Access points from Medical Avenue and Rock Prairie Road are proposed. Modification Requested:O Office is proposed as the base zoning district with a modification to add Extended Care Facility/Convalescent/Nursing home as a permitted use. Community Benefits:The applicant offers the following as community benefits: •The project will benefit the community because it is aligned with and will help further the Medical Plan. As described in the Medical Plan’s development guidelines, the character of buildings in the Medical District “should reflect central Texas traditions in terms of material and articulation”. The character of the project will reflect this, and will include a Texas vernacular landscape utilizing native and adaptive native plants. •The project will help to further the Medical Plan by addressing one of the key themes of the stakeholder’s meetings. As noted, a key theme was the “need for additional senior housing and senior care facilities”. This project would provide a new state-of-the-art senior care facility to serve College Station residents. Budget & Financial Summary: N/A Attachments: 1.Background Information 2.Aerial & Small Area Map (SAM) 3.Ordinance College Station, TX Printed on 2/19/2016Page 4 of 4 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: February 4, 2016 Advertised Council Hearing Date: February 25, 2016 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: Stonebridge Stonebridge Court Wilshire Shadowcrest Amberlake Property owner notices mailed: Three Contacts in support: None Contacts in opposition: None Inquiry contacts: One ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (Across Rock Prairie Road) Restricted Suburban R Rural Agricultural South Medical Use O Office Single-Family Residential East Medical Use PDD Planned Development District Single-Family Residential West Medical Use R Rural Scott and White Hospital DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agricultural Open upon annexation (1995) A-P Administrative Professional (Unknown – between 1995 and 2002) Renamed O Office (2012) Final Plat: Unplatted Site development: Single-Family Residential 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 O OFFICE TO PDD PLANNED DEVELOPMENT DISTRICT FOR APPROXIMATELY SEVEN ACRES BEING SITUATED IN THE THOMAS CARUTHERS LEAGUE, ABSTRACT NO. 9, IN COLLEGE STATION, BRAZOS COUNTY, TEXAS, BEING THE NORTHERN PORTION OF THAT 25.79 ACRE TRACT CONVEYED TO BRIAN HOWARD PERRY BY DEED RECORDED IN VOLUME 10459, PAGE 34 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT 3600 ROCK PRAIRIE ROAD, MORE GENERALLY LOCATED AT THE INTERSECTION OF ROCK PRAIRIE ROAD AND MEDICAL AVENUE, TO THE EAST OF SCOTT AND WHITE HOSPITAL; 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”, as described in Exhibit “B”, as shown graphically in Exhibit “C”, and as shown on the Concept Plan in 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 passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 25th day of February, 2016 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO._____ Page 2 of 6 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 O Office to PDD Planned Development District, as described in EXHIBIT “B,” as graphically depicted in EXHIBIT” C”, and as shown on the Concept Plan in EXHIBIT “D”: ORDINANCE NO._____ Page 3 of 6 ORDINANCE NO._____ Page 4 of 6 EXHIBIT “B” General: The proposed Concept Plan proposes a skilled nursing and rehabilitation facility that will treat residents needing long term medical care. The building will have a maximum height of 35 feet. Access from Medical Avenue and Rock Prairie Road are proposed. Modification Requested: O Office is proposed as the base zoning district with a modification to add Extended Care Facility/Convalescent/Nursing home as a permitted use. Community Benefits: The applicant offers the following as community benefits:  The project will benefit the community because it is aligned with and will help further the Medical Plan. As described in the Medical Plan’s development guidelines, the character of buildings in the Medical District “should reflect central Texas traditions in terms of material and articulation”. The character of the project will reflect this, and will include a Texas vernacular landscape utilizing native and adaptive native plants.  The project will help to further the Medical Plan by addressing one of the key themes of the stakeholder’s meetings. As noted, a key theme was the “need for additional senior housing and senior care facilities”. This project would provide a new state-of-the-art senior care facility to serve College Station residents. ORDINANCE NO._____ Page 5 of 6 EXHIBIT “C” ORDINANCE NO._____ Page 6 of 6 EXHIBIT “D” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0106 Name:Appointments Status:Type:Appointment Agenda Ready File created:In control:2/16/2016 City Council Regular On agenda:Final action:2/25/2016 Title:Presentation, possible action and discussion regarding appointments to the following boards and commissions: • B/CS Library Committee • Bicycle, Pedestrian, and Greenways Advisory Board • Construction Board of Adjustments • Design Review Board • Historic Preservation Committee • Joint Relief Funding Review Committee • Landmark Commission • Parks and Recreation Board • Planning and Zoning Commission • Zoning Board of Adjustments Sponsors:Sherry Mashburn Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action and discussion regarding appointments to the following boards and commissions: • B/CS Library Committee • Bicycle, Pedestrian, and Greenways Advisory Board • Construction Board of Adjustments • Design Review Board • Historic Preservation Committee • Joint Relief Funding Review Committee • Landmark Commission • Parks and Recreation Board • Planning and Zoning Commission • Zoning Board of Adjustments Relationship to Strategic Goals: ·Good Governance Recommendation(s): None Summary: None College Station, TX Printed on 2/19/2016Page 1 of 2 powered by Legistar™ File #:16-0106,Version:1 Budget & Financial Summary: None Attachments: None College Station, TX Printed on 2/19/2016Page 2 of 2 powered by Legistar™