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Home My WebLink About03/10/2016 - 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, March 10, 2016 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation: Presentation of award of Executive Fire Officer Designation to Battalion Chief Christopher Kelly for the completion of The National Fire Academy capstone program. 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 25, 2016 Workshop · February 25, 2016 Regular Meeting 16-01332a. Sponsors:Mashburn WKSHP022516 DRAFT Minutes RM022516 DRAFT Minutes Attachments: Presentation, possible action, and discussion regarding a resolution approving an Advanced Funding Agreement with the State of Texas acting through the Texas Department of Transportation ("TxDot") authorizing the contribution of $450,000 to 15-03982b. Page 1 College Station, TX Printed on 3/4/2016 March 10, 2016City Council Regular Meeting Agenda - Final TxDoT for improvements to Farm to Market Road 2154 (aka Wellborn Road) at its intersection with Greens Prairie Trail Road within the City limits. Sponsors:Harmon Rev 02122016_Partially_Execute AFA_FM2154_0540-04-072_CoCS.pdf Project Map.pdf 2 RES TXDOT .docx Attachments: Presentation, possible action, and discussion on a Public Highway At-Grade Crossing Agreement between Union Pacific Railroad, Brazos County and the City of College Station which will allow College Station to operate & maintain an At -Grade Crossing at Greens Prairie Trail contingent on Brazos County closing its At-Grade Crossings at Wade and Straub. 16-01192c. Sponsors:Harmon 2908-58 5New At-Grade rev(3-1-13).pdf Project Map.pdf 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. 16-01022d. Sponsors:Hurt K CS Fire Dept. Affil Agreement 4..pdfAttachments: Presentation, possible action, and discussion regarding the award of Bid 16-044 to Techline, Inc. in the amount of $58,670 for the purchase of Cleaveland Price Motor Operators. 16-01172e. Sponsors:Crabb Tabulation.pdfAttachments: Presentation, possible action, and discussion on the first amendment to the FY16 Arts Council of the Brazos Valley Hotel Occupancy Tax Funding Agreement in the amount of $386,400 for Affiliate funding and Annual Program and Marketing funding. 16-01182f. Sponsors:Kersten ACBV Funding Agreement AmendAttachments: Presentation, possible action, and discussion regarding a Professional Services Contract (Contract No. 16300289) with Binkley & Barfield, Inc. in the amount of $1,013,360 for the professional engineering services related to the design of the Holleman South Widening Project. 16-01202g. Page 2 College Station, TX Printed on 3/4/2016 March 10, 2016City Council Regular Meeting Agenda - Final Sponsors:Harmon HollemanProjectLocation.pdfAttachments: Presentation, possible action, and discussion regarding a contract (Contract No. 15-157-2) with Iteris Inc. to purchase services, equipment, and maintenance of hardware and software associated with the second year (FY16) of the implementation plan. The total cost of this contract is not to exceed $811,413. 16-01212h. Sponsors:Rother Iteis Agreement 2-26-16Attachments: 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 the Comprehensive Plan - Future Land Use & Character Map from Business Park to Urban and General Commercial for approximately 17 acres located at 4098 Raymond Stotzer Parkway, more generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road. 16-01311. Sponsors:Bombek Page 3 College Station, TX Printed on 3/4/2016 March 10, 2016City Council Regular Meeting Agenda - Final Amendment Map Background Aerial Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to MF Multi-Family and GC General Commercial for approximately 17.788 acres lying and being situated in the John H. Jones League Abstract No. 26 in College Station, Brazos County, Texas and being a part of the 17.788 acre tract described in the deed from William Charles Gilmore, Walter Edgar Gilmore, II, Peter Lee Gilmore and Edith Ann Gilmore to BCS Turkey Creek, L .P. recorded in Volume 11640, Page 259 of the Official Records, Brazos County, Texas, and more generally located at the intersection of Turkey Creek Road and Raymond Stotzer Frontage Road. 16-01322. Sponsors:Bombek Background Aerial & Small Aerial Map Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from O Office and GC General Commercial to MF Multi -Family and NAP Natural Areas Protected with the condition that no residential structures be constructed within the 135-foot buffer from the heater -treater equipment on the abutting site containing oil and gas uses for approximately 17.66 acres being Lot 1, Block 5 of the Tower Point Phase 5 subdivision, generally located at 1110 Arrington Road, more generally located south of the intersection of Arrington Road and Decatur Drive. 16-01303. Sponsors:Walker Aerial and Small Area Map Background Ordinance Attachments: Page 4 College Station, TX Printed on 3/4/2016 City Council Regular Meeting Agenda - Final March 10, 2016 4. 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. I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 s Avenue, College Station, Texas, on March 4, 2016 at 5:00 p.m. Secre ry This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-3541 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19. 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." College Station, TX Page5 Printed on 31412016 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0133 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:2/26/2016 City Council Regular On agenda:Final action:3/10/2016 Title:Presentation, possible action, and discussion of minutes for: ·February 25, 2016 Workshop ·February 25, 2016 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP022516 DRAFT Minutes RM022516 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: •February 25, 2016 Workshop •February 25, 2016 Regular Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: •February 25, 2016 Workshop •February 25, 2016 Regular Meeting College Station, TX Printed on 3/4/2016Page 1 of 1 powered by Legistar™ WKSHP022516 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION FEBRUARY 25, 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, absent John Nichols Julie Schultz, absent 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 4:36 p.m. on Thursday, February 25, 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, §551.074-Personnel, §551.086-Competitive Matters, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:37 p.m. on Thursday, February 25, 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 WKSHP022516 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. Consultation with Attorney to seek legal advice; to wit:  Legal advice regarding Texas Local Government Code, Chapter 171, Conflicts of Interest  Legal advice related to a pole attachment collection matter C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Construction Board of Adjustments  Design Review Board  Parks & Recreation Advisory Board  Planning & Zoning Commission  Zoning Board of Adjustments  Council Self Evaluation  City Manager D. Deliberation on a competitive matter as defined in Gov’t Code §552.133; to wit:  Power Supply E. Deliberation on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city; to wit:  Economic incentives for a proposed development located generally near the intersection of University Drive and Macarthur Street in College Station. The Executive Session adjourned at 5:58 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 2g, 2j, 2k, 2l, and 2m were pulled for clarification. (2g): Jeff Kersten, Assistant City Manager, said. The first year of outsourcing should be around $470,000 - $480,000. The cost is fairly comparable to what is the cost is now. (2j): Donald Harmon, Director of Public Works, clarified that improvements will be done of both sides of Wellborn Road and will provide better capacity west of Wellborn Road. (2k): Chuck Gilman, Deputy City Manager, provided a brief presentation. Staff looked at property that was already in the City’s inventory. He provided an updated version of Site C. Public parking would be more contiguous to Central Park. This space would accommodate the growth of the facility. There are two options for Site B. There are three properties on the site WKSHP022516 Minutes Page 3 along Krenek Tap that do not belong to the City. For Option 1, without the three properties, there is not adequate space for an annex, and there is no room for expansion. Option 2 (after acquisition of the three properties) allows for an annex and future expansion, but will require a parking garage, which carries a much higher cost. Debe Shafer, 117 Pershing, spoke as a member of the Parks Board. She stated she would have appreciated hearing about the proposal. As an advisory board, they would have appreciated being part of the discussion. The Parks Board did talk about that space being used as a recreation center. Scott Shafer, 117 Pershing, reiterated Ms. Shafer’s remarks. There is no question that the Police Department needs a new facility, but adjacency is a big deal. We need to be careful how we put facilities such as these next to recreational areas. He is concerned with how it will look on the ground. Jerry Cooper, 602 Bell, said he is concerned with the process. He does not know what can be done at this stage that won’t delay the facility. This location will have a detrimental effect on the park. There are other areas that future expansion could occur. Don Hellriegel, 13-5 Wilshire, his disagrees with Site C. Central Park is the crown jewel of the City, and there is no need to impose this facility and all the parking upon the park. Site B requires the purchase of three homes and is inadequate for expansion. Does anyone think the City will not purchase these homes at some point, even if not for the facility. He provided written comments, attached. Sherry Ellison, 2705 Brookway, said she served on the CIP committee and they did not talk about a site. These sites were bought for a City Hall or other facilities. Ingress and egress from Site C will affect the safety of citizens. The citizens should have been a part of this decision. Thomas Taylor, 713 Royal Adelade, said he served as chair of the CIP Facilities committee. They did not discuss location. This si the one shot we have to do the Police Department. We need to provide for them for the next 30 years. Site C seems to be the only one to do that. Jon & Karen Pitts, 4580 Cricket Pass, provided written comments, attached. (2l): Aubrey Nettles, Special Projects Coordinator, stated the location ins in the shopping center with the Fox and Hound. It is the building on stilts. Community Services and Community Enhancement from Police will occupy the space. The rent is $18 per square foot and goes up 3% the next two years. We are getting 6,299 square feet, with 1,500 common and hallway space. There is some room for expansion. (2m): Amy Atkins, Assistant Director of Parks and Recreation, clarified the electrical upgrades in Veterans Park and noted the upgrades in Bachmann and Central Park. 5. Presentation, possible action, and discussion regarding the College Station Utilities (CSU) Underground Asset Management (padmount equipment) program. WKSHP022516 Minutes Page 4 This item was moved to a later date. Workshop recessed at 7:10 p.m. At 8:19 p.m., Council reconvened into Executive Session to finish deliberation on §551.074- Personnel and §551.087-Economic Incentive Negotiations, as referenced above. Executive Session was adjourned at 9:08 p.m. Workshop reconvened at 9:09 p.m. 6. Council Calendar Council reviewed the calendar. 7. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Benham asked to revisit the makeup of our citizen committees. Councilmember Aldrich asked to have a presentation by Chief Hurt. 8. 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, Councilmember Aldrich reported on the BioCorridor Board. Councilmember Nichols reported on the CVB. WKSHP022516 Minutes Page 5 Councilmember Brick reported on the Chamber Transportation Committee and on the College Station Transportation Committee. Mayor Berry reported on the Annexation Task Force and the MPO. 9. Adjournment There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 9:16 p.m. on Thursday, February 25, 2016. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM022516 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION FEBRUARY 25, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney, absent John Nichols Julie Schultz, absent 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 7:17 p.m. on Thursday, February 25, 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. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Nichols, the City Council voted five (5) for and none (0) opposed, to approve the Absence Requests from councilmembers Mooney and Schultz. The motion carried unanimously. Hear Visitors Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Captain Ernesto M. Blanco. RM022516 Minutes Page 2 CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  February 11, 2016 Workshop  February 11, 2016 Regular Meeting  February 15, 2016 Council Retreat 2b. Presentation, possible action, and discussion regarding a City Sponsorship Policy. 2c. Presentation, possible action, and discussion concerning the City Internal Auditor’s College Station Police Department Inventory Audit. 2d. Presentation, possible action, and discussion regarding the annual price agreement with Mustang Rental Services for heavy machinery rentals not to exceed $75,000. 2e. Presentation, possible action, and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. 2f. Presentation, possible action, and discussion of proposed Community Development Block Grant Economic Development Program Guidelines. 2g. 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. 2h. 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. 2i. 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. 2j. 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. 2k. 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 Resolution 02-25-16-2k, declaring intention to reimburse certain expenditures with proceeds from debt. RM022516 Minutes Page 3 2l. 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. 2m. 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. 2n. 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. Item 2k was pulled from Consent for a separate vote. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Nichols, the City Council voted five (5) for and none (0) opposed, to approve the Consent Agenda, less item 2k. The motion carried unanimously. (2k)MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Brick, the City Council voted two (2) for and three (3) opposed, with Mayor Berry and Councilmembers Nichols and Benham voting against, to postpone this item until the March 31 meeting. The motion failed. (2k)MOTION: Upon a motion made by Councilmember Benham and a second by Mayor Berry, the City Council voted three (3) for and one (1) opposed, with Councilmember Brick voting against, to approve 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 Resolution 02-25-16-2k, declaring intention to reimburse certain expenditures with proceeds from debt. The motion carried. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Aldrich, the City Council voted five (5) for and none (0) opposed, to reconsider the motion to approve the Consent Agenda, less item 2k. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Benham, the City Council voted five (5) for and none (0) opposed, to approve the Consent Agenda, less items 2k and 2n. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3751, 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, RM022516 Minutes Page 4 more generally located at the intersection of Rock Prairie Road and Medical Avenue, to the east of Scott and White Hospital. Jessica Bullock, Planning and Development, reported that the applicant is requesting a Planned Development District zoning on approximately seven acres to build a Nursing Home. The PDD uses a base zoning district of Office. The Planning and Zoning Commission considered this item on February 4, and voted 5-0 to recommend approval. At approximately 8:04 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:04 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, the City Council voted five (5) for and none (0) opposed, to adopt Ordinance 2016- 3751, 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, i n 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. The motion carried unanimously. 2. 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 MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, the City Council voted five (5) for and none (0) opposed, to appoint Jane Kee, Casey Oldham, Jerome Rektorik, Jim Ross, and Johnny Burns for an unexpired term to the Planning and Zoning Commission. The motion carried unanimously. Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted five (5) for and none (0) opposed, to appoint Jane Kee as chair to the Planning and Zoning Commission. The motion carried unanimously. RM022516 Minutes Page 5 MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted five (5) for and none (0) opposed, to appoint Sherri Echols, Justin Lopez, Keith Roberts, Johnny Burns as alternate, and Troy Smith as alternate to the Zoning Board of Adjustments. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Benham, the City Council voted five (5) for and none (0) opposed, to appoint Tom Jackson, Bill Mather, Troy Smith, Johnny Burns as alternate, Elianor Vessali as alternate, and Megan Hardy as alternate to the Construction Board of Adjustments. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted five (5) for and none (0) opposed, to appoint Mary Edwards, Elizabeth Natsios, and Troy Smith to the Design Review Board. The motion carried unanimously. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Benham, the City Council voted five (5) for and none (0) opposed, to appoint Marc Chaloupka, Paul Dyson, Gary Erwin, Ann Hays, Andrew Middleton, and Keith Roberts to the Parks and Recreation Board. The motion carried unanimously. Appointments to the remaining boards were as follows: • B/CS Library Committee: Gary Ives, Larry Ringer • Bicycle, Pedestrian, and Greenways Advisory Board: Jon Denton, Tina Evans, Molly Fierro, Andrew Middleton • Historic Preservation Committee: Gerald Burgner, Katherine Edwards, Michael Hardy, Louis Hodges, Charlie Jones, and Justin Lopez to the unexpired term • Joint Relief Funding Review Committee: Kay Parker • Landmark Commission: Mark Browning, Gerald Burgner, Tina Evans, Justin Lopez, Ian Muise, Tony Smith 3. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:17 p.m. on Thursday, February 25, 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:115-0398 Name:Greens Prairie Trail - FM 2154 Intersection Funding Agreement Status:Type:Agreement Consent Agenda File created:In control:7/14/2015 City Council Regular On agenda:Final action:3/10/2016 Title:Presentation, possible action, and discussion regarding a resolution approving an Advanced Funding Agreement with the State of Texas acting through the Texas Department of Transportation ("TxDot") authorizing the contribution of $450,000 to TxDoT for improvements to Farm to Market Road 2154 (aka Wellborn Road) at its intersection with Greens Prairie Trail Road within the City limits. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Rev 02122016_Partially_Execute AFA_FM2154_0540-04-072_CoCS.pdf Project Map.pdf 2 RES TXDOT .pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a resolution approving an Advanced Funding Agreement with the State of Texas acting through the Texas Department of Transportation ("TxDot") authorizing the contribution of $450,000 to TxDoT for improvements to Farm to Market Road 2154 (aka Wellborn Road) at its intersection with Greens Prairie Trail Road within the City limits. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the agreement. Summary: This project is for the improvements to Greens Prairie Trail and FM 2154. It is anticipated that this project will be completed in coordination with Brazos County and TxDOT. Phase 1 will be bid by the County with participation from the City for traffic signal items. Phase II will be bid by TxDOT with participation from the County and the COCS. The project is for the construction of an extension of Greens Prairie Trail located within College Station city limits extending from FM 2154 at its intersection with Greens Prairie Trail west to the City of College Station city limits. Budget & Financial Summary: A total project budget of $600,000 is included for this project in the Streets Capital Improvement Projects Fund. Legal Review: Yes. Attachments: 1.Agreement College Station, TX Printed on 3/4/2016Page 1 of 2 powered by Legistar™ File #:15-0398,Version:1 2.Project Map College Station, TX Printed on 3/4/2016Page 2 of 2 powered by Legistar™ CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A MISCELLANEOUS REHABILITATION /PREVENTATIVE MAINTENANCE IMPROVEMENT PROJECT ON-SYSTEM THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the “State”, and the City of College Station, acting by and through its duly authorized officials, called the “Local Government.” WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335, authorizing the State to undertake and complete a highway improvement generally described as improving the intersection of FM 2154 (Wellborn Road) at Greens Prairie Trail called the “Project”; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated ______________, 2016, which is attached to and made a part of this agreement as Attachment “A” for the improvement covered by this agreement. A map showing the Project location appears in Attachment “B,” which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA-AFA_LongGen Page 1 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The State will let and construct a project to improve the intersection of FM 2154 at Greens Prairie Trail consisting of grading, base, surface, pavement markings and markers. In addition, left turn lanes and right turn lanes will be constructed on FM 2154 along with the installation of traffic signals at this intersection. 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget – Attachment “C”, which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Government, or other parties are shown in Attachment “C”. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. The Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. AFA-AFA_LongGen Page 2 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development E. The Local Government will be responsible for all non-federal or non-state participation costs associated with the Project, otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. Where a Special Approval has been signed by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. F. Upon successful completion of the engineering plans by the County of Brazos and 60 days prior to the receipt of construction bids by the State, the Local Government will pay to the State the amount specified in Attachment C. G. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the “Texas Department of Transportation.” The check or warrant shall be deposited by the State and managed by the State. The funds may only be applied by the State to the Project. H. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government’s contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. I. The State will not pay interest on any funds provided by the Local Government. J. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. K. If the Project has been approved for a specified percentage or a “periodic payment” non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the specified percentage or the periodic payment schedule. L. If the Local government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. M. When a Special Approval has been signed by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State’s written notification of those amounts. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. O. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State AFA-AFA_LongGen Page 3 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of its utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government’s failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State’s request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA-AFA_LongGen Page 4 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem’s mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336) (ADA). 10. Architectural and Engineering Services The State has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State’s Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction AFA-AFA_LongGen Page 5 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The State will use its approved contract letting and award procedures to let and award the construction contract. C. Upon completion of the Project, the party constructing the Project will issue and sign a “Notification of Completion” acknowledging the Project’s construction completion. D. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form “FHWA-1273” in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City of College Station Department of Public Works PO Box 9960 College Station, Texas 77842 State: Director of Contract Services Office Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability AFA-AFA_LongGen Page 6 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement’s subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project to the degree applicable and required. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local AFA-AFA_LongGen Page 7 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 23. Civil Rights Compliance The Local Government shall comply with the regulations of the United States Department of Transportation as they relate to non-discrimination (49 CFR Part 21 and 23 CFR Part 200), and Executive Order 11246 titled “Equal Employment Opportunity,” as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. To the degree required by applicable law, the parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State’s federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State’s DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State’s DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation’s Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou_attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)- assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. The State’s DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. AFA-AFA_LongGen Page 8 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development 25. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 26. Lobbying Certification In executing this agreement, each signatory certifies to the best of that signatory’s knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 27. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State AFA-AFA_LongGen Page 9 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 28. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows Federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 29. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures are met during the Local Government's fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact TxDOT’s Audit Office at http://www.txdot.gov/inside-txdot/office/audit/contact.html. The expenditure threshold for fiscal years beginning prior to December 31, 2014 is $500,000; the expenditure threshold for fiscal years beginning on or after December 31, 2014 is $750,000. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet the $______ expenditure threshold and therefore, are not required to have a single audit performed for FY ______." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. AFA-AFA_LongGen Page 10 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development 30. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT _________________________________ Signature _________________________________ Typed or Printed Name _________________________________ Title _________________________________ Date THE STATE OF TEXAS _________________________________ Kenneth Stewart Director of Contract Services Texas Department of Transportation _________________________________ Date AFA-AFA_LongGen Page 11 of 11 Revised 07/22/2015 CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE AFA-AFA_LongGen Page 1 of 1 Attachment A CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT B Location Map Showing Project AFA-AFA_LongGen Page 1 of 1 Attachment B CSJ # 0540-04-072 District # 17-Bryan Code Chart 64 # 09050 Project: FM 2154 Misc. Improvement Project Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET Costs will be allocated based on applicable Federal/State funding and a fixed amount of Local Government funding until Local Government funding reaches the maximum obligated amount. The State will then be responsible for 100% of the costs. Description Cost Federal Participation State Participation Local Participation Cost Cost Cost Construction (By State) $1,800,000.00 $1,350,000.00 $0.00 $450,000.00 Utilities (By LG) $150,000.00 $0.00 $0.00 $150,000.00 Subtotal $1,950,000.00 $1,350,000.00 $0.00 $600,000.00 Construction (Direct State Cost) $100,000.00 $0.00 $100,000.00 $0.00 Utilities (Direct State Cost) $5,000.00 $0.00 $5,000.00 $0.00 Environmental (Direct State Cost) $5,000.00 $0.00 $5,000.00 $0.00 Engineering (Direct State Cost) $20,000.00 $0.00 $20,000.00 $0.00 Right of Way (Direct State Cost) $1,000.00 $0.00 $1,000.00 $0.00 Indirect State Costs $10,000.00 $0.00 $10,000.00 $0.00 TOTAL $2,091,000.00 $1,350,000.00 $141,000.00 $600,000.00 *The Utilities (by Local Government) cost shown above is for Utility Relocations only within Greens Prairie Trail Right of Way. Initial Payment by the Local Government to the State: $0.00 Payment by the Local government to the State before construction: $450,000.00 Total payment by the Local Government to the State: $450,000.00 The total amount of Local Government participation shall not exceed the amount appearing above. AFA-AFA_LongGen Page 1 of 1 Attachment C G R E E N S P R A IR IE T RFM 2154L E D G E S T O N E T R I & GN RDC L A Y T O N FLAGSTO NE CT HIDDE N A C R E S D R Greens Prarie Trail Pro ject . RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING AN ADVANCED FUNDING AGREEMENT WITH THE STATE OF TEXAS ACTING THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDoT”) AUTHORIZING THE CONTRIBUTION OF $450,000 TO TXDoT FOR IMPROVEMENTS TO THE INTERSECTION OF FARM TO MARKET ROAD 2154 (AKA WELLBORN ROAD) AT ITS INTERSECTION WITH GREENS PRAIRIE TRAIL ROAD WITHIN THE CITY LIMITS AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, TXDoT has deemed it necessary to make certain highway improvements on FM 2154 (aka Wellborn Road) at its intersection with Greens Prairie Trail in College Station, Texas (the “Project”); and WHEREAS, the City Council of the City of College Station, Texas, desires to enter into a fixed price joint participation agreement with TXDot to contribute to some of the cost of construction including all costs to relocate and adjust utilities related to the Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves an agreement with TXDoT to contribute an amount not to exceed $450,000.00 for the costs associated with some of the construction including all costs to relocate and adjust utilities related to the Project as set forth in the Advance Funding Agreement for a Miscellaneous Rehabilitation/Preventative Maintenance Improvement Project on System as set forth in Exhibit “A” attached hereto. PART 2: That this resolution shall take effect immediately from and after its passage. ADOPTED this 10th day of March, A.D. 2016. ATTEST: APPROVED: ______________________________ _________________________________ City Secretary MAYOR APPROVED: _______________________________ City Attorney City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0119 Name:Greens Prairie Trail - FM 2154 UPRR Crossing Agreement Status:Type:Agreement Consent Agenda File created:In control:2/23/2016 City Council Regular On agenda:Final action:3/10/2016 Title:Presentation, possible action, and discussion on a Public Highway At-Grade Crossing Agreement between Union Pacific Railroad, Brazos County and the City of College Station which will allow College Station to operate & maintain an At-Grade Crossing at Greens Prairie Trail contingent on Brazos County closing its At-Grade Crossings at Wade and Straub. Sponsors:Donald Harmon Indexes: Code sections: Attachments:2908-58 5New At-Grade rev(3-1-13).pdf Project Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a Public Highway At-Grade Crossing Agreement between Union Pacific Railroad, Brazos County and the City of College Station which will allow College Station to operate & maintain an At-Grade Crossing at Greens Prairie Trail contingent on Brazos County closing its At-Grade Crossings at Wade and Straub. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the agreement. Summary: This project is for the improvements to Greens Prairie Trail and FM 2154. It is anticipated that this project will be completed in coordination with Brazos County and TxDOT. Phase 1 will be bid by the County with participation from the City for traffic signal items. Phase II will be bid by TxDOT with participation from the County and the COCS. The project is for the construction of an extension of Greens Prairie Trail located within College Station city limits extending from FM 2154 at its intersection with Greens Prairie Trail west to the City of College Station city limits. Budget & Financial Summary: A total project budget of $600,000 is included for this project in the Streets Capital Improvement Projects Fund. Legal Review: Yes. Attachments: 1.Agreement 2.Project Map College Station, TX Printed on 3/4/2016Page 1 of 2 powered by Legistar™ File #:16-0119,Version:1 College Station, TX Printed on 3/4/2016Page 2 of 2 powered by Legistar™ Real Estate Department UNION PACIFIC RAILROAD COMPANY 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179-1690 February 19, 2016 UPRR Folder No. 2908-58 CITY OF COLLEGE STATION DEPARTMENT OF PUBLIC WORKS PO BOX 9960 COLLEGE STATION TEXAS 77842 Dear Sirs: RE: Proposed construction, maintenance and use of the new Green Prairie Trail road crossing in or near College Station, Brazos County, Texas with the closing of two current at grade crossings. Attached are duplicate originals of a Public Highway At-Grade Crossing Agreement covering your use of the Railroad Company's property. To properly document your use of the Railroad Company's property, it is necessary that you execute the attached documents. Please return to me the following: 1. ALL of the executed documents. If a Contractor's Right-of-Entry Agreement is attached hereto, you may submit the executed Contractor's Right-of-Entry documentation upon selection of a contractor. 2. Certificate of Insurance, if required. 3. Resolution for document execution, if required. If I have not received the executed documents within six months from the date of this letter, this proposed offer of an agreement is withdrawn and becomes null and void. If you have any questions, please contact me. Siincerely yours, KATHY NESSER Manager Real Estate phone: (402) 544-8579 e-mail: klnesser@up.com Real Estate Department UNION PACIFIC RAILROAD COMPANY 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179-1690 BCC: Name of MIPP – Engineering (Public Projects) – Location of MIPP Attached are duplicate originals of the subject agreement. Please handle with the Public Body for execution and return both originals to me for handling for Railroad execution. A fully executed copy will be made available to you when finalized. UPRR Folder No.: 2908-58 PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT _______________________________________ BETWEEN UNION PACIFIC RAILROAD COMPANY AND THE CITY OF COLLEGE STATION AND THE COUNTY OF BRAZOS COVERING THE A NEW AT GRADE CROSSING WITH TWO AT GRADE CROSSING CLOSURES (DOT NO.: 441021K) AT RAILROAD MILE POST 65.75 – NAVASOTA SUBDIVISION IN OR NEAR COLLEGE STATION, BRAZO COUNTY, TEXAS UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 File Reference Articles of Agreement Page 1 of 7 Date UPRR Folder No.: 2908-58 UPRR Audit No.: ______________________ PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT __________________________________________________ Green Prairie Trail – DOT No. 441021K Railroad Mile Post 65.75 – Navasota Subdivision College Station, Brazos County, Texas THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and the CITY OF COLLEGE STATION, a municipal corporation or political subdivision of the State of Texas to be addressed at City of College Station, department of Public Works, PO Box 9960, College Station TX 77842 ("Public Body").and the COUNTY OF BRAZOS to be addressed at 200 S Texas Ave, Suite 332, Bryan TX 77803 (“County”) RECITALS: The Public Body desires to undertake as its project (the “Project”) the construction of a new at grade public road crossing for Greens Prairie Trail, (DOT No. 441021K), at Railroad’s Mile Post 65.75 on the Railroad’s Navasota Subdivision at or near College Station, Brazos County Texas (the “Roadway”). The Roadway is shown on the Railroad Location Print marked Exhibit A being attached hereto and hereby made a part hereof. The portion of the Roadway located within the Railroad’s right of way is the "Crossing Area". As part of this agreement the County agrees to permanently close two at-grade crossings, DOT 743229J, MP 64.66 Navasota Subdivision and DOT 743228C MP 65.31 Navasota Subdivision per the January 13, 2015 agreement between the Railroad and the Public Body marked Exhibit D. Under this Agreement, the Railroad will be granting rights to the Public Body to facilitate the construction of the Roadway. The portion of Railroad’s property that Public Body needs to use in connection with the Roadway is described in the Legal Description marked Exhibit A-1 and also shown on the Survey Print marked Exhibit A-2, with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”). The Railroad, the Public Body and the County are entering into this Agreement to cover the above. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 File Reference Articles of Agreement Page 2 of 7 Date ARTICLE 1. EXHIBIT B The General Terms and Conditions marked Exhibit B, are attached hereto and hereby made a part hereof. ARTICLE 2. RAILROAD GRANTS RIGHT For consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. ARTICLE 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Public Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. ARTICLE 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Public Body shall require the Contractor to: i. execute the Railroad's then current Contractor's Right of Entry Agreement ii. obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and iii. provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit C, attached hereto and hereby made a part hereof. The Public Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UPRR Folder No. 2908-58 D. If the Public Body's own employees will be performing any of the Project work, the Public Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 File Reference Articles of Agreement Page 3 of 7 Date ARTICLE 5. FEDERAL AID POLICY GUIDE If the Public Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. ARTICLE 6. PROJECT EXPENSES TO BE BORNE BY RAILROAD The Railroad will fund and install the new planking, signals and preemption at this location. Public Body agrees that all other Project costs and expenses are not to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project other than stated above. ARTICLE 7. PLANS A. The Public Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans will in no way relieve the Public Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Public Body or Contractor on the Plans is at the risk of the Public Body and Contractor. ARTICLE 8. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocating, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 File Reference Articles of Agreement Page 4 of 7 Date Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Public Body mutually agree in writing to: i. deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, ii. deem the Non Railroad Facilities part of the Structure, and iii. supplement this Agreement with terms and conditions covering the Non Railroad Facilities. ARTICLE 9. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Public Body in the event the Public Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Public Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. ARTICLE 10. CONDITIONS TO BE MET BEFORE PUBLIC BODY CAN COMMENCE WORK Neither the Public Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: i. The Railroad, Public Body and County have executed this Agreement. ii. The Railroad has provided to the Public Body and County the Railroad’s written approval of the Plans. iii. Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement. iv. Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement. UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 File Reference Articles of Agreement Page 5 of 7 Date ARTICLE 11. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Public Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. ARTICLE 12. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Neither Public Body nor County shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Public Body. ARTICLE 13. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Public Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Public Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Public Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Public Body and not of the Railroad, and (ii) the Public Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Public Body also confirms and acknowledges that (i) the Railroad shall provide to the Public Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Public Body to perform and complete the ARRA reporting documents. UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 File Reference Articles of Agreement Page 6 of 7 Date The Railroad confirms that the Public Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Exhibit B of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: ______________________________________ DANIEL A. LEIS General Director Real Estate ATTEST: By_______________________________________ (SEAL) ATTEST: By_______________________________________ (SEAL) CITY OF COLLEGE STATION CITY OF COLLEGE STATION COUNTY OF BRAZOS EXHIBIT A To Public Highway At-Grade Crossing Agreement Cover Sheet for the Railroad Location Print Exhibit A Railroad Location Print EXHIBIT “A” RAILROAD LOCATION PRINT FOR NEW AT GRADE PUBLIC ROAD CROSSING AGREEMENT UNION PACIFIC RAILROAD COMPANY NAVASOTA SUBDIVISION RAILROAD MILE POST 65.75 COLLEGE STATION, BRAZOS COUNTY, TEXAS To accompany an agreement with THE CITY OF COLLEGE STATION, COUNTY OF BRAZOX AND ITS CONTRACTOR covering an At Grade Public Road Crossing. Folder No. 2908-58 Date: January 12, 2016 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 DOT No. 441021K M.P. 65.75 Navasota Subdivision College Station, Brazos County, Texas At Grade Public Road Crossing. . EXHIBIT A-1 To Public Highway At-Grade Crossing Agreement Cover Sheet for the Legal Description EXHIBIT A-2 To Public Highway At-Grade Crossing Agreement Cover Sheet for the Survey Print EXHIBIT B To Public Highway At-Grade Crossing Agreement Cover Sheet for the General Terms and Conditions UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 General Terms & Conditions Page 1 of 5 Exhibit B EXHIBIT B TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT GENERAL TERMS AND CONDITIONS SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Public Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Public Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Public Body for the purpose of conveying electric power or communications incidental to the Public Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Public Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required fo r its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Public Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Public Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Public Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Public Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Public Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Public Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Public Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without lim itation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Public Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Public Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Public Highway At-Grade Crossing Agreement Standard Form Approved: AVP-Law 03/01/2013 Page 2 of 5 Exhibit B compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Public Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Public Body. The Public Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Public Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Public Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Public Body at the Public Body's own expense, or by the Railroad at the expense of the Public Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Public Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Public Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Public Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. B. If, in the future, the Public Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the Railroad, at the Public Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Public Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Public Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Public Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Public Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Public Highway At-Grade Crossing Agreement Standard Form Approved: AVP-Law 03/01/2013 Page 3 of 5 Exhibit B of the Public Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Public Body. If the Public Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Public Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Public Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Public Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Public Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. i. If the Public Body's employees need to enter Railroad's property as provided in Paragraph B above, the Public Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Public Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Public Body whether a flagman need be present and whether Public Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Public Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Public Body agrees that Public Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. ii. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Public Body shall pay on the basis of the new rates and charges. iii. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Public Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Public Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Public Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Public Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Public Body shall use only such methods as are consistent with safety, both as concerns the Public Body, the Public Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Public Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Public Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Public Body shall reimburse, and to the extent it may lawfully do so, UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Public Highway At-Grade Crossing Agreement Standard Form Approved: AVP-Law 03/01/2013 Page 4 of 5 Exhibit B indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Public Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Public Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Public Body, at its own expense, shall adequately police and supervise all work to be performed by the Public Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Public Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Public Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Public Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Public Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Public Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Public Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Public Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Public Body at the Public Body's own expense or by the Railroad at the expense of the Public Body. The Public Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Public Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Public Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Public Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Public Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Public Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Public Body, at the Public Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom t o flow or collect upon property of the Railroad. The Public Body, at the Public Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Public Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Public Body shall not obstruct or interfere with existing ditches or drainage facilities. UNION PACIFIC RAILROAD COMPANY PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT Standard Form Approved: AVP-Law 03/01/2013 Public Highway At-Grade Crossing Agreement Standard Form Approved: AVP-Law 03/01/2013 Page 5 of 5 Exhibit B L. Notice. Before commencing any work, the Public Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resultin g in business interruption and loss of revenue and profits. Public Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Public Body. If it is, Public Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Public Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Public Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Public Body for a period of three (3) years following the date of Railroad's last billing sent to Public Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Public Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Public Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Public Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Public Body hereunder. C. The Public Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Public Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Public Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Public Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. EXHIBIT C To Public Highway At-Grade Crossing Agreement Cover Sheet for the Railroad’s Form of Contractor’s Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 File Reference Page 1 of 4 UPRR Folder No. _2908-58_ (Folder Number) UPRR Audit No.: _________ (Audit Number) CONTRACTOR'S RIGHT OF ENTRY AGREEMENT __________________________________________________________ THIS AGREEMENT is made and entered into as of the ______ day of _________________________, 20______, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ________________________________________________________________________________, (NAME OF CONTRACTOR) a ______________________ corporation ("Contractor"). (State of Incorporation) RECITALS: Contractor has been hired by ___________________________________________________ (Name of Public Agency) (“Public Agency”) to perform work relating to _________________________________________________________________________________ (Work to be Performed) (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad Mile Post __________ on Railroad's __________________________________, (Mile Post) (Name of Subdivision) DOT No. __________, located at or near ____________________, in _________________ County, (DOT Number) (City) (County) State of ______________, as such location is in the general location shown on the Railroad Location (State) Print marked Exhibit A, and as detailed on the Detailed Prints collectively marked Exhibit A-1, each attached hereto and hereby made a part hereof, which work is the subject of a contract dated ___________________ between Railroad and the Public Agency. (Date of C&M Agreement) The Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 File Reference Page 2 of 4 ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4B below. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this Agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative(s) or his or her duly authorized representative (the "Railroad Representative"): Name & Address of MTM Name & Address of MSM C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad’s property. UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 File Reference Page 3 of 4 ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until __________________________, unless sooner terminated as herein provided, (Expiration Date) or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179-1690 UPRR Folder No. ___________ (Folder Number) ARTICLE 8 - DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 9- ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad FIVE HUNDRED DOLLARS ($500.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. ARTICLE 10 - CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 File Reference Page 4 of 4 Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 11 - EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID No. 94-6001323) Signed By:________________________________________ Kathy Nesser Manager Real Estate ________________________________________ (Name of Contractor) Signed By:________________________________________ Printed Name:_______________________________________________ Title:_______________________________________________________ UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 Railroad Location & Detailed Prints Exhibits A & A-1 EXHIBITS A & A-1 TO CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Shall be the Railroad Location Print & Detailed Prints Exhibit A Railroad Location Print EXHIBIT “A” RAILROAD LOCATION PRINT FOR NEW AT GRADE PUBLIC ROAD CROSSING AGREEMENT UNION PACIFIC RAILROAD COMPANY NAVASOTA SUBDIVISION RAILROAD MILE POST 65.75 COLLEGE STATION, BRAZOS COUNTY, TEXAS To accompany an agreement with THE CITY OF COLLEGE STATION, COUNTY OF BRAZOX AND ITS CONTRACTOR covering an At Grade Public Road Crossing. Folder No. 2908-58 Date: January 12, 2016 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 DOT No. 441021K M.P. 65.75 Navasota Subdivision College Station, Brazos County, Texas At Grade Public Road Crossing. . UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 General Terms & Conditions Page 1 of 4 Exhibit B EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT GENERAL TERMS AND CONDITIONS Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized govern mental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or oth er wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 General Terms & Conditions Page 2 of 4 Exhibit B B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 General Terms & Conditions Page 3 of 4 Exhibit B Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's sa fety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site f ree from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid servic es may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees (individually an “Indemnified Party” or collectively "Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 General Terms & Conditions Page 4 of 4 Exhibit B Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contract or and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 Contract Insurance Requirements Page 1 of 2 Exhibit C EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT INSURANCE PROVISIONS Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage: A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance:  Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site.  Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance:  Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site.  Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:  Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed.  Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance:  Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Railroad Protective Liability Insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equiv alent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this Agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this Agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella Or Excess Insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 Contract Insurance Requirements Page 2 of 2 Exhibit C F. Pollution Liability Insurance. Pollution liability coverage must be included when the scope of the work as defined in the Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 Minimum Safety Requirements Page 1 of 2 Exhibit D EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. CLOTHING A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor’s employees must wear: i. Waist-length shirts with sleeves. ii. Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. iii. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. PERSONAL PROTECTIVE EQUIPMENT Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. i. Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Contractor’s company logo or name. ii. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. iii. Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:  100 feet of a locomotive or roadway/work equipment  15 feet of power operated tools  150 feet of jet blowers or pile drivers  150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs) iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. ON TRACK SAFETY Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: i. Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. ii. Wear an orange, reflectorized workwear approved by the Railroad Representative. UNION PACIFIC RAILROAD COMPANY CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Standard Form Approved, AVP-Law: 03/01/13 Minimum Safety Requirements Page 2 of 2 Exhibit D iii. Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. EQUIPMENT A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be: i. Familiar and comply with Railroad’s rules on lockout/tagout of equipment. ii. Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track. iii. Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. GENERAL SAFETY REQUIREMENTS A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: i. Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. ii. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. iii. In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). iv. Avoid walking or standing on a track unless so authorized by the employee in charge. v. Before stepping over or crossing tracks, look in both directions first. vi. Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. EXHIBIT D To Public Highway At-Grade Crossing Agreement Cover Sheet for the January 13, 2015 Agreement for Closure of two at grade crossings G R E E N S P R A IR IE T RFM 2154L E D G E S T O N E T R I & GN RDC L A Y T O N FLAGSTO NE CT HIDDE N A C R E S D R Greens Prarie Trail RR Crossing . 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:3/10/2016 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 Agreement 4..pdf 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 3/4/2016Page 1 of 1 powered by Legistar™ CLINICAL AFFILIATION AGREEMENT This Clinical Affiliation Agreement ("Agreement") is made and entered into by and between Blinn College, a public community coliege 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 BIinn College Hea!th Sciences Program(s): Emergency Medical Services Program. WITNESSETH THAT: WHEREAS, Biinn 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 ofBlinn College, and, WHEREAS, Blinn College, through its Board of Trustees or its administrative designer 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 ofBiinn 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 ofBlinn College; NOW, THEREFORE, in consideration of the above recitals, the parties agree that BIinn College shal I secure educational services from the City and specifically from its fire department under the fol lowing 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) "CIinica! Experience": Clinical Experience refers to the education ofBlinn 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 clinicai experiences at the City's Fire Department. K CS Fire Dept. Affii Agreement 4.doc (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. Designated supervisors in radiology and PTA are referred to as clinical instructors. (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 designer 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 clinica! 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) "Pf'ogf'cmf: Program refers to the following Blinn College programs: Associate Degree Nursing (ADN), Dental Assisting, Dental Hygiene, Emergency Medical Services (EMS) Programs, Fire Science Technology (FIRT), Nurse Aide Training, Phiebotomy Training, Physical Therapist Assisting (PTA), Radiologic Technology, Vocational Nursing (VOCN), and Health Information Technology (HIT). (H) "Student, Sfndenfs": 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 individuals) 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 educationa! 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 K CS Fire Dept. Affil Agreement 4.doc 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 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 on _, 2016, and shall be in full force and effect until August 31, 2017, 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 BHnn 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 Medica! Services program. BIinn 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 otlier 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. K CS Fire Dept. Affil Agreement 4.doc 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 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 ofBlinn 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 wil! 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 CoHege 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 BHnn 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 unti! the Faculty is notified. A K CS Fire Dept. Affil Agreement 4.doc written report concerning the Student and the related incident shall be provided with reasonable detail to the appropriate Facu!ty if action is taken by the City Fire Department personnel. 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 verity 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 fina! 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 necessaiy time for its Faculty members to attend such orientation. Section 4-3. BIinn 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 Jt 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 ofdinical 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 K CS Fire Dept. Affil Agreement 4.tloc 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 BIinn 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 ciinica! 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 BHnn CoHege that the City Fire Department personne! 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. K CS Fire Dept. Affil Agreement 4.doc 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 change 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 shail 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 poHtical 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 statutes. 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 unenforceabie, K CS Fire Dept. Affii Agreement 4.tloc 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 shaH 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, inciuding 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 BIinn College City Fire Department Attention: Office of the President P.O. Box 9960 902 College Avenue College Station, Tx 77842 Brenham, Texas Att: Fire Chief Phone: 979-764-3705 Fax: Email: Phone: Phone: Fax: Fax: Email: Email: K CS Fire Dept. Affii Agreement 4.doc 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 Hmitation, lost profits or cost of capital. {Sjgnattire Page FoHows) K CS Fire Dept. Affli Agreement 4.doc 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/M^ I^rfsley ^ District Pfesident/CEO Blim^College CITY OF COLLEGE STATION By, Printed Name: Title: Date: APPROVED: City Attorney Date: Assi^nj <Pity"'Manager/CFO Datei; i <4. "^ >-^. K CS Fire Dept. Affii Agreement 4.doc 11 K CS Fire Dept Affil Agreemt 4 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0117 Name:Motor Operator Controls for Distribution Pole Mounted Airbreak Switches Status:Type:Contract Consent Agenda File created:In control:2/22/2016 City Council Regular On agenda:Final action:3/10/2016 Title:Presentation, possible action, and discussion regarding the award of Bid 16-044 to Techline, Inc. in the amount of $58,670 for the purchase of Cleaveland Price Motor Operators. Sponsors:Timothy Crabb Indexes: Code sections: Attachments:Tabulation.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the award of Bid 16-044 to Techline,Inc.in the amount of $58,670 for the purchase of Cleaveland Price Motor Operators. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): Staff recommends the approval of award for this bid to the lowest qualified bidder,Techline,Inc.,in the amount of $58,670. Summary: Retrofitting existing manually operated pole mounted airbreak switches with the SCADA controlled motor operated switches will assist in the lowering of outage times and will increased safety for employees.On February 2nd,2016,three (3)sealed bids were received and opened in response to Invitation to Bid #16-044 for the purchase of Cleaveland Price Motor Operators.These bids were evaluated and ranked. The lowest qualified bidder was Techline, Inc., for $58,670. Budget & Financial Summary: Funds for this project are budgeted and available in the Electric Capital Improvement Projects Fund. Attachments: 1. Bid Tab 16-044 College Station, TX Printed on 3/4/2016Page 1 of 1 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #16-044 "Purchase of Motor Operated Switches" Open Date: Tuesday, February 9, 2016 @ 2:00 p.m. Item Quantity Unit Price Total Price Delivery (Weeks)Unit Price Total Price Delivery (Weeks)Unit Price Total Price Delivery (Weeks) Cleaveland-Price BT-D Switch 10 $6,126.60 $61,266.00 12-14 wks $5,960.00 $59,600.00 12-14 wks $5,867.00 $58,670.00 12-14 wks Anixter KBS Electrical Dist. Cleaveland Price CB28AA11G01 Y Techline, Inc. Cleaveland Price Inc CB28AA11G01 Y Cleaveland Price CB28AA11G01 Manufacturer Catalog Number Bid Certification Y City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0118 Name:ACBV Contract Amendment Status:Type:Presentation Consent Agenda File created:In control:2/22/2016 City Council Regular On agenda:Final action:3/10/2016 Title:Presentation, possible action, and discussion on the first amendment to the FY16 Arts Council of the Brazos Valley Hotel Occupancy Tax Funding Agreement in the amount of $386,400 for Affiliate funding and Annual Program and Marketing funding. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:ACBV Funding Agreement Amend Action ByDate Action ResultVer. Presentation, possible action, and discussion on the first amendment to the FY16 Arts Council of the Brazos Valley Hotel Occupancy Tax Funding Agreement in the amount of $386,400 for Affiliate funding and Annual Program and Marketing funding. Recommendation(s):Staff recommends approval of the first amendment of Arts Council Affiliate and Annual Program and Marketing funding agreement for FY16. Summary: Arts Council of the Brazos Valley has proposed the reallocation of annual affiliate grant funds. University Art Galleries has opted to decline Arts Council grant funding in the amount of $25,000 due to inability to meet contracted requirements. Arts Council staff proposes the reallocation of the $25,000 to affiliates proportionately based on funds received. Affiliates qualifying for these funds would include affiliates that were not fully funded, affiliates that were not reduced based on failure to comply with grant requirements, and expenses not funded that meet Hotel Tax Fund criteria. The first amendment replaces the original Exhibit A with the attached Exhibit A. The exhibit shows the original funded amount, the amended funded amount, and the change in funding as a result of the amendment. All other terms, conditions and pricing remain in full force and effect. As part of the 2015-2016 budget process, the City Council approved funding for the Arts Council of the Brazos Valley from the Hotel Tax Fund in the amount of $348,400 to be used for Affiliate funding and Arts Tourism marketing and Public Art Support in the amount of $38,000. Budget & Financial Summary:The funds for this agreement are budgeted and available in the 2015- 2016 Hotel Tax Fund Budget in the amount of $386,400. No new additional funds are proposed for this amendment. Attachments: 1.1st amendment to Exhibit A College Station, TX Printed on 3/4/2016Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0120 Name:Holleman South Widening Design Contract Status:Type:Contract Consent Agenda File created:In control:2/23/2016 City Council Regular On agenda:Final action:3/10/2016 Title:Presentation, possible action, and discussion regarding a Professional Services Contract (Contract No. 16300289) with Binkley & Barfield, Inc. in the amount of $1,013,360 for the professional engineering services related to the design of the Holleman South Widening Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:HollemanProjectLocation.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding a Professional Services Contract (Contract No.16300289)with Binkley &Barfield,Inc.in the amount of $1,013,360 for the professional engineering services related to the design of the Holleman South Widening Project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the professional services contract. Summary: The Holleman South Widening Project will reconstruct Holleman from North Dowling to Rock Prairie Road West, approximately 8,300 linear feet. The improvements will include replacement of the existing pavement with a four lane divided concrete section including either bike lanes or a multi-use path, to be determined after additional public engagement and design considerations. Budget &Financial Summary:Budget for the design and construction of the Holleman South Widening project is included in the Streets Capital Improvement Projects Fund ($10,305,000).The project is budgeted to be designed in FY16 and constructed in FY17 and FY18.It is anticipated that the debt for the design of this project will be issued later this fiscal year. A debt reimbursement resolution that included this project was approved by Council on December 10, 2015. Legal Review: Yes. Attachments: 1.Contract on file with the City Secretary’s Office 2.Project Map College Station, TX Printed on 3/4/2016Page 1 of 2 powered by Legistar™ File #:16-0120,Version:1 College Station, TX Printed on 3/4/2016Page 2 of 2 powered by Legistar™ DowlingRdHo ll e ma n Dr SRock Prairie Rd WND ow lingRd . Holleman South Widening ProjectLocation Map City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0121 Name:Iteris Contract for ITS Master Plan Implementation - Year 2 Status:Type:Contract Consent Agenda File created:In control:2/23/2016 City Council Regular On agenda:Final action:3/10/2016 Title:Presentation, possible action, and discussion regarding a contract (Contract No. 15-157-2) with Iteris Inc. to purchase services, equipment, and maintenance of hardware and software associated with the second year (FY16) of the implementation plan. The total cost of this contract is not to exceed $811,413. Sponsors:Troy Rother Indexes: Code sections: Attachments:Iteis Agreement 2-26-16 Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding a contract (Contract No.15-157-2)with Iteris Inc.to purchase services,equipment,and maintenance of hardware and software associated with the second year (FY16)of the implementation plan. The total cost of this contract is not to exceed $811,413. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approving the contract. Summary:The ITS Master Plan is a multi-phase plan that purchases and installs equipment over a 3-5 year period.The first year installed new controllers in all of the existing signalized intersections,switches,25 cameras,a server,and the construction of a Traffic Control Center.The second year’s implementation includes upgrades to the traffic signal shop,25 cameras,Bluetooth Readers,and design of a Dynamic Message System so real-time roadway information can be communicated to drivers. Budget &Financial Summary:A budget of $5,425,000 is included for this project in the Streets Capital Improvement Projects Fund.This project is being completed in phases and a total of $1,375,207 has been expended or committed to date for phase I of the project.The funding for the project is structured to reflect the project phasing and includes Certificates of Obligation in the amount of $4,500,000,an $850,000 reimbursement from Texas A&M University System and $75,000 from the General Fund for the items that are not expected to be debt eligible. Attachments: 1. Contract 15-157-2 College Station, TX Printed on 3/4/2016Page 1 of 2 powered by Legistar™ File #:16-0121,Version:1 College Station, TX Printed on 3/4/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0131 Name:Comprehensive Plan Amendment – 4098 Raymond Stotzer Parkway Status:Type:Comprehensive Plan Agenda Ready File created:In control:2/25/2016 City Council Regular On agenda:Final action:3/10/2016 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Business Park to Urban and General Commercial for approximately 17 acres located at 4098 Raymond Stotzer Parkway, more generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road. Sponsors:Mark Bombek Indexes: Code sections: Attachments:Amendment Map Background Aerial Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Business Park to Urban and General Commercial for approximately 17 acres located at 4098 Raymond Stotzer Parkway, more generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road. 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 January 21 and voted 4-0-1 to recommend approval. Summary: The applicant is requesting the proposed future land use amendment to Urban and General Commercial as a step toward permitting a mixed-use development at the corner of Turkey Creek Road and Raymond Stotzer Parkway Frontage Road. This development is intended to serve the nearby BioCorridor Planned Development District and to provide supplemental uses that add to the efforts made in that area. The subject property and properties to the north and west are primarily designated Business Park and Suburban Commercial on the Comprehensive Plan Future Land Use and Character Map. College Station, TX Printed on 3/4/2016Page 1 of 5 powered by Legistar™ File #:16-0131,Version:1 REVIEW CRITERIA 1.Changed or changing conditions in the subject area or the City:The City of College Station’s Comprehensive Plan was adopted in 2009. In 2010, through the coordination of the Research Valley Partnership, the Research Valley BioCorridor Concept Master Plan was developed, consisting of a conceptual area of approximately 3,500 acres, spanning the jurisdictions of College Station and Bryan and including property owned by the Texas A&M University System. In 2012, approximately 200 acres west of Turkey Creek Road were zoned BioCorridor Planned Development District (PDD) to encourage research and development, manufacturing, and warehousing for biomedical and other emerging technology industries in the area. The area surrounding this PDD is anticipated to serve as a secondary or supplementary region that would provide supportive land uses enhancing the development occurring within the BioCorridor District. The BioCorridor Concept Master Plan envisioned a mix of uses in the subject area; thus prompting the request to amend the Future Land Use map to Urban and General Commercial. Development pressure in this area has increased since the conception of the BioCorridor Master Plan, and the City of College Station has made significant agreements and infrastructure investments in the nearby area (e.g., roadway and electric improvements and changes in sewer certificated areas) to support the success of business development in the region. The provision of wastewater service had not been in immediate plans for the area east of Turkey Creek Road, but in 2013, the City’s Interlocal Agreement with Texas A&M University was amended to allow for wastewater treatment for this area. 2.Scope of the request:Currently, the Comprehensive Plan Future Land Use and Character Map designates the area east of Turkey Creek Road and west of Harvey Mitchell Parkway to be approximately 22 acres of Suburban Commercial (property already zoned for commercial uses along Harvey Mitchell), 34 acres to be Texas A&M University (property owned by Texas A&M), 58 acres of Public/Institutional (the City’s cemetery), and the largest designation to be 70 acres of Business Park. The proposal is to convert approximately 18 acres from Business Park to 6 acres of General Commercial at the intersection of Turkey Creek Road and Raymond Stotzer Parkway, and 12 acres of Urban behind that, further down Turkey Creek Road. The proposed amendment would allow general commercial activities that would cater to both nearby residents and to the larger region at the intersection, and a very intense level of residential development activities being townhouse, duplexes, and high-density apartments. 3.Availability of adequate information:General Commercial and Urban designations allow for future development of non-residential uses that fit within the General Commercial parameters and high-density multi-family. Properties in this area are served water through the City of College Station. College Station has an ability to serve domestic water service to the proposed development, but additional infrastructure improvements will be needed with further site development to meet minimum fire flow requirements. There are currently no existing sanitary sewer mains available to serve this property necessitating extensions of the nearest lines to provide service to the property with further site development. College Station, TX Printed on 3/4/2016Page 2 of 5 powered by Legistar™ File #:16-0131,Version:1 The property has frontage on both Raymond Stotzer Parkway (at a grade separated Freeway/Expressway on the Thoroughfare Plan) and Turkey Creek Road (designated a two-lane major collector). The change in land use designation is not expected to generate significantly more trips than the current land use designation. 4.Consistency with the goals and strategies set forth in the Plan:The proposal is consistent with the goals and strategies of the Comprehensive Plan. The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The subject property and surrounding area are identified in the Comprehensive Plan Concept Map as one of the City’s distinct districts-the Presidential Corridor Gateway District-which seeks to preserve and build upon the existing assets in the area enhancing this important gateway into the city. Upon the time when a rezoning is considered for the property, a General Commercial zoning district at the hard corner will dictate minimum non- residential architectural standards for virtually all development on that property proposed adjacent to Raymond Stotzer. 5.Consideration of the Future Land Use & Character and/or Thoroughfare Plans:The existing Future Land Use and Character designation on the property is Business Park, which is defined as a land use designation “generally for areas that include office, research, or industrial uses planned and developed as a unified project. Generally, these areas need good access to arterial roadways.” While the land use designation is still valid and would support the growth of a research and development and manufacturing district, General Commercial and Urban land uses may also encourage growth, but do so through supporting commercial and residential for the area. General Commercial is described as: Generally for concentrations of commercial activities that cater to both nearby residents and to the larger community or region. Generally, these areas tend to be large in size and located near the intersection of two regionally significant roads (arterials and freeways). It is preferred that in such areas development be concentrated in nodes rather than spread out in strips. Urban is described as: Generally for areas that should have a very intense level of development activities. These areas will tend to consist of townhomes, duplexes, and high-density apartments. General commercial and office uses, business parks, and vertical mixed-use may also be permitted within growth and redevelopment areas. The Urban land use designation, when not in a Growth Area, is typically characterized by more dense residential developments in the form of duplexes, townhomes or apartments. Much of the land located north of Raymond Stotzer Parkway between SH 47 and Harvey Mitchell Parkway is planned for Business Park use, however, with increased development activity occurring in the BioCorridor Planned Development District, some land use designations surrounding the PDD were expected to change to support the anticipated growth. Staff originally was working to carry forward a City-initiated Comprehensive Plan Amendment to the Future Land Use and Character Map to address possible land use scenarios, but it was College Station, TX Printed on 3/4/2016Page 3 of 5 powered by Legistar™ File #:16-0131,Version:1 determined that the integrity of the Comprehensive Plan in the area was better served by evaluating amendments on a case-by-case basis. The property has frontage on both Raymond Stotzer Parkway (at a grade separated Freeway/Expressway on the Thoroughfare Plan) and Turkey Creek Road (designated a two-lane major collector). The change in land use designation is not expected to generate significantly more trips than the current land use designation. 6.Compatibility with the surrounding area:The adjacent land uses are large lot single- family and unimproved rural tracts varying in size from 1 to 11 acres, the City’s cemetery, and rights-of-way. These existing developments are less dense than the Business Park designation prescribes. An Urban and General Commercial development will provide a different character than these existing properties currently provide. Land located near the subject property and north of Raymond Stotzer Parkway is anticipated for future Business Park, and to a lesser degree, Suburban Commercial land uses. The proposed amendment, while not consistent with the planned future development pattern in the area, is compatible as supporting land uses for the Business Park uses that are anticipated to develop. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network:Water service will be provided by the City of College Station. The tract is currently not adjacent to an existing water line. Upon development, the tract will need to extend water infrastructure in accordance with the Water Master Plan to and through the property. While extending the water line in order to serve the property, the developer will need to acquire offsite Public Utility Easements. No matter if the property were under Business Park or General Commercial and Urban designations, these improvements would be necessary in conjunction with development. As mentioned earlier, the City of College Station has an interlocal agreement with Texas A&M University to provide treatment plant capacity to the subject tract. The tract has allocated sanitary sewer treatment plant capacity reserved with the interlocal agreement. The Developer’s engineer has provided a sealed sewer demand letter that proposes to not exceed the allowable sanitary sewer treatment plant capacity specified in the interlocal agreement. The tract is currently not adjacent to an existing City of College Station sanitary sewer collection line. The tract will need to extend a sewer line from an existing City of College Station manhole in the Aggie Field of Honor Memorial Cemetery that ultimately sewers to a City of College Station owned/operated Valley Park lift station. The developer will need to acquire offsite easements and do downstream improvements to the City of College Station’s collection system, lift station, forced main, and potentially Texas A&M University’s collection system in order to serve the property. No matter if the property were under Business Park or General Commercial and Urban designations, these improvements would be necessary in conjunction with development. The subject property is located in the Whites Creek Drainage basin. Whites Creek Tributary 8 crosses the subject tract. Detention will be required with future development. Drainage and College Station, TX Printed on 3/4/2016Page 4 of 5 powered by Legistar™ File #:16-0131,Version:1 other public infrastructure will be required as development occurs, no matter if the property were under Business Park or General Commercial and Urban designations. 8.Impact on the City’s ability to provide, fund, and maintain services:The subject property and surrounding area is within the Fire Department’s desired 4.5-minute response time, a performance indicator that can have bearing on the City’s ISO rating. There are existing lines stubbing out to the adjacent Aggie Field of Honor Cemetery that could be extended to provide adequate fire flows in this area. There are currently no existing sanitary sewer mains available to serve this property necessitating extensions of the nearest lines to provide service to the property. 9.Impact on environmentally sensitive and natural areas:This area is not recognized as environmentally sensitive, but development at a higher density would impact open space. 10.Contribution to the overall direction and character of the community as captured in the Plan’s vision and goals:The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The proposed amendment from Business Park to Urban and General Commercial on just over 17 acres does not limit the general goals of the Comprehensive Plan. The amendment is proposing a density and level of service compatible with the planned growth of the BioCorridor District. Budget & Financial Summary:N/A Attachments: 1.Amendment Map 2.Background Information 3.Aerial 4.Ordinance College Station, TX Printed on 3/4/2016Page 5 of 5 powered by Legistar™ Existing Future Land Use & Character Map Proposed Future Land Use & Character Map NOTIFICATIONS Advertised Commission Hearing Date: February 18, 2016 Advertised Council Hearing Dates: March 10, 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: N/A Contacts in support: None at the time of the staff report Contacts in opposition: None at the time of the staff report Inquiry contacts: None at the time of the staff report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Business Park R Rural Large-lot residential South (Across Raymond Stotzer) Texas A&M University C-U College University Easterwood Airport East Institutional/ Public R Rural Cemetery West (Across Turkey Creek) Suburban Commercial R Rural Large-lot residential DEVELOPMENT HISTORY Annexation: 1995 Zoning: A-O Agricultural Open upon annexation renamed R Rural in 2013 Final Plat: Unplatted Site development: Vacant ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE AND CHARACTER MAP FROM SUBURBAN COMMERCIAL AND NATURAL AREAS RESERVED TO URBAN, FOR APPROXIMATELY 17.788 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GRAHAM ROAD AND LONGMIRE DRIVE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Comprehensive Plan of the City of College Station” is hereby amended by adding a new Subsection C.2.m of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; and by amending the “Comprehensive Plan Future Land Use and Character Map,” as set out in Exhibit “B” attached hereto for the identified area and made a part hereof for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 10th day of March, 2016. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ Ordinance No. ______ Page 2 of 8 City Attorney Ordinance No. ______ Page 3 of 8 EXHIBIT “A” That Ordinance No. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, in hereby amended by adding a new Subsection C.2.m to Exhibit “A” of said plan and Exhibit “A” is to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; Ordinance No. ______ Page 4 of 8 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. C. Miscellaneous Amendments The following miscellaneous amendments to the College Station Comprehensive Plan are as follows: 1. Text Amendments: a. Chapter 2 “Community Character,” “Growth Areas” by amending the text regarding Growth Area IV and Growth Area V – Ordinance 3376, dated October 2011. b. Chapter 6 “Transportation” by amending the text regarding Complete Streets, Context Sensitive Solutions, Minimum Length and Additional Right-of-Way for Turn Lanes at Intersections, and Right-of-Way for Utilities – Ordinance 3729, dated December 10, 2015. c. Chapter 2 “Community Character,” Chapter 3 “Neighborhood Integrity,” Chapter 4 “Economic Development,” Chapter 5 “Parks, Greenways, and the Arts,” and Chapter 7 “Municipal Services and Community Facilities” by amending the text based on the recommendation of the Comprehensive Plan Five-Year Evaluation & Appraisal Report – Ordinance 3730 dated December 10, 2015. 2. Future Land Use and Character Map Amendment: a. 301 Southwest Parkway – Ordinance 3255, dated July 2010. b. Richards Subdivision – Ordinance 3376, dated October 2011. c. 1600 University Drive East – Ordinance 3535, dated November 14, 2013. d. 2560 Earl Rudder Freeway S. – Ordinance 3541, dated December 12, 2013. e. 13913 FM 2154. – Ordinance 3546, dated January 9, 2014. f. 2021 Harvey Mitchell Parkway – Ordinance 3549, dated January 23, 2014. g. 1201 Norton Lane – Ordinance 3555, dated February 27, 2014. h. 3715 Rock Prairie Road West – Ordinance 3596, dated August 25, 2014. i. 4201 Rock Prairie Road – Ordinance 3670, dated July 9, 2015. j. The approximately 40 acres of land generally located east of FM 2154 (aka Wellborn Road), south of the Southern Trace Subdivision, west of State Highway 40 (aka William D. Fitch Parkway), and north of Westminster Subdivision – Ordinance 3731, dated December 10, 2015. Ordinance No. ______ Page 5 of 8 k. The approximately 120 acres of land generally located south of Barron Cut- Off Road, west of WS Phillips Parkway, north of the Castlegate II Subdivision, and east of the Wellborn Community – Ordinance 3732, dated December 10, 2015. l. The approximately 900 acres of land generally located south of Greens Prairie Road West, east of the Sweetwater Subdivision, and north of Arrington Road – Ordinance 3733, dated December 10, 2015. m. The approximately 17.788 acres of land generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road.– By this Ordinance dated March 10, 2016. 3. Concept Map Amendment: a. Growth Area IV – Ordinance 3376, dated October 2011. b. Growth Area V – Ordinance 3376, dated October 2011. 4. Thoroughfare Map Amendment: a. Raintree Drive – Ordinance 3375, dated October 2011. b. Birkdale Drive – Ordinance 3375, dated October 2011. c. Corsair Circle – Ordinance 3375, dated October 2011. d. Deacon Drive – Ordinance 3375, dated October 2011. e. Dartmouth Drive – Ordinance 3375, dated October 2011. f. Farm to Market 60 – Ordinance 3375, dated October 2011. g. Southwest Parkway – Ordinance 3375, dated October 2011. h. Cain Road extension –Ordinance 3639, dated February 26, 2015. i. Update to Chapter 6 Maps- Ordinance 3729, dated December 10, 2015. 5. Bicycle, Pedestrian and Greenways Master Plan Amendment: a. Cain Road extension – Ordinance 3639, dated February 26, 2015 b. Update to Maps 5.4 and 5.5- Ordinance 3729, dated December 10, 2015. D. General 1. Conflict. All parts of the College Station Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council Ordinance No. ______ Page 6 of 8 meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2. Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its extra-territorial jurisdiction (“ETJ”). The College Station Comprehensive Plan depicts generalized locations of proposed future land-uses, including thoroughfares, bikeways, pedestrian ways, parks, greenways, and waterlines that are subject to modification by the City to fit local conditions and budget constraints. 3. General nature of Future Land Use and Character. The College Station Comprehensive Plan, in particular the Future Land Use and Character Map found in A.3 above and any adopted amendments thereto, shall not be nor considered a zoning map, shall not constitute zoning regulations or establish zoning boundaries and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4. General nature of College Station Comprehensive Plan. The College Station Comprehensive Plan, including the Thoroughfare Plan, Bicycle, Pedestrian, and Greenways Master Plan, Central College Station Neighborhood Plan, Water System Master Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way availability that warrant further refinement as development occurs. Linear routes such as bikeways, greenways, thoroughfares, pedestrian ways, waterlines and sewer lines that are a part of the College Station Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended. Ordinance No. ______ Page 7 of 8 EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 – Community Character” from Suburban Commercial and Natural Areas Reserved to Urban shown as follows: Existing Future Land Use & Character Map Urban Ordinance No. ______ Page 8 of 8 Proposed Future Land Use & Character Map City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0132 Name:Rezoning – 4098 Raymond Stotzer Parkway Status:Type:Rezoning Agenda Ready File created:In control:2/25/2016 City Council Regular On agenda:Final action:3/10/2016 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 R Rural to MF Multi-Family and GC General Commercial for approximately 17.788 acres lying and being situated in the John H. Jones League Abstract No. 26 in College Station, Brazos County, Texas and being a part of the 17.788 acre tract described in the deed from William Charles Gilmore, Walter Edgar Gilmore, II, Peter Lee Gilmore and Edith Ann Gilmore to BCS Turkey Creek, L.P. recorded in Volume 11640, Page 259 of the Official Records, Brazos County, Texas, and more generally located at the intersection of Turkey Creek Road and Raymond Stotzer Frontage Road. Sponsors:Mark Bombek Indexes: Code sections: Attachments:Background Aerial & Small Aerial 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 R Rural to MF Multi-Family and GC General Commercial for approximately 17.788 acres lying and being situated in the John H. Jones League Abstract No. 26 in College Station, Brazos County, Texas and being a part of the 17.788 acre tract described in the deed from William Charles Gilmore, Walter Edgar Gilmore, II, Peter Lee Gilmore and Edith Ann Gilmore to BCS Turkey Creek, L.P. recorded in Volume 11640, Page 259 of the Official Records, Brazos County, Texas, and more generally located at the intersection of Turkey Creek Road and Raymond Stotzer Frontage Road. 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 January 21 and voted 4-0-1 to recommend approval. Summary::The applicant is requesting a zoning change from R Rural to MF Multi-Family and GC College Station, TX Printed on 3/4/2016Page 1 of 3 powered by Legistar™ File #:16-0132,Version:1 General Commercial as a step toward developing a property with a mix of multi-family residential and commercial uses. REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject lot is designated Business Park on the Comprehensive Plan Future Land Use and Character Map and is also located in Presidential Corridor Gateway District. With easy access to Easterwood Airport and being in close proximity to the recently built Health Science Center as part of the Texas A&M University System, this Gateway District should be accommodating business including research and development, office, and light industrial. These uses should build on the assets existing in the area while protecting and enhancing this primary gateway into the City. The proposed development is consistent with the allowable land uses for Presidential Corridor Gateway District and also with surrounding future land use designations. Should the City Council approve the related amendment to the future land use plan, the rezoning request will be consistent with the Comprehensive Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The existing R Rural zoning allows for large lot residential and/or agricultural uses, which is not compatible or supportive of more intense development that is anticipated for the area. Given the property’s close proximity to the BioCorridor Planned Development District, this area is expected to contain uses that support the investment plan that has been set in this District. An R Rural designation does not support the planned growth. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment:The proposed land uses permitted through this request are those allowed in MF Multi-Family and GC General Commercial. The uses are appropriate as they support the uses planned in the BioCorridor PDD and the property’s frontage along Raymond Stotzer Parkway. The intent of the area surrounding the BioCorridor District is to help preserve and support the district by providing similar and supplementary uses that focus on research and development, manufacturing, office uses, and other additional uses that would serve those that live and work in the area. The applicant feels the request meets the intentions of the district which is to provide an atmosphere capable of creating the mixed use development desired for the BioCorridor District. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is currently zoned R Rural. The current zoning district is suitable for the property given the similar zonings and uses of nearby property. However, this is one of the first rezoning’s requested in the area outside of the BioCorridor PDD. While R Rural is suitable with the current land uses the area is expected to see continued change moving forward. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property can currently be marketed under the existing R Rural zoning district. However, the applicant has stated that the use is not appropriate or feasible for this property knowing the current development happening on nearby property and the anticipated change in development pattern for the area. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Water service will be provided by City of College College Station, TX Printed on 3/4/2016Page 2 of 3 powered by Legistar™ File #:16-0132,Version:1 Station. The tract is currently not adjacent to an existing water line. The tract will need to extend the water line from an existing 8-inch main along Frontage of Raymond Stotzer Parkway to and through their property. While extending the water line in order to serve the property, the developer will need to acquire off site Public Utility Easements. City of College Station has an Interlocal Agreement with Texas A&M University to provide sewer service to the subject tract. The tract has allocated sewer capacity reserved with the Inter-local Agreement. The Developer’s engineer has provided a letter verifying that the sewer demand will not exceed the allowable sewer capacity specified in the Interlocal Agreement. The tract is currently not adjacent to an existing sanitary sewer line. The tract will need to extend the sewer line from an existing Manhole in the Aggie Field of honor memorial cemetery that ultimately sewers to a lift station. Developer will need to acquire offsite easements and do downstream improvements in order to serve the property. These improvements include, but are not limited to a private lift station, existing lift station and force main modifications, and upgrades to the TAMU sewer system. The subject property is located in the Whites Creek Drainage basin. White Creek Tributary 8 crosses the subject tract. Detention will be required with the development. Drainage and other public infrastructures required with the site shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Budget & Financial Summary:N/A Attachments: 1.Background Information 2.Aerial & Small Area Map 3.Ordinance College Station, TX Printed on 3/4/2016Page 3 of 3 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: February 18, 2016 Advertised Council Hearing Date: March 10, 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: None Property owner notices mailed: Nine Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Business Park R Rural Vacant South (Across Raymond Stotzer) Texas A&M University C-U College University Easterwood Airport East Institutional/Public R Rural Cemetery West (Across Turkey Creek Suburban Commercial R Rural Vacant DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agricultural Open upon annexation renamed R Rural in 2013 Final Plat: N/A Site development: Vacant ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO MF MULTI-FAMILY AND GC GENERAL COMMERCIAL FOR APPROXIMATELY 17.788 ACRES FOR THE PROPERTY BEING SITUATED IN THE JOHN H. JONES LEAGUE ABSTRACT NO. 26 IN COLLEGE STATION, BRAZOS COUNTY, TEXAS AND BEING A PART OF THE 17.788 ACRE TRACT DESCRIBED IN THE DEED FROM WILLIAM CHARLES GILMORE, WALTER EDGAR GILMORE, II, PETER LEE GILMORE AND EDITH ANN GILMORE TO BCS TURKEY CREEK, L.P. RECORDED IN VOLUME 11640, PAGE 259 OF THE OFFICIAL RECORDS, BRAZOS COUNTY, TEXAS, AND MORE GENERALLY LOCATED AT THE INTERSECTION OF TURKEY CREEK ROAD AND RAYMOND STOTZER FRONTAGE ROAD; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and as shown graphically in Exhibit “B” and Exhibit “C”, 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. PART 4: Said Ordinance will not become effective unless a deed executed for purchase of the property is recorded in the Official Records of Brazos County, Texas. PASSED, ADOPTED and APPROVED this 10th day of March, 2016 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ Ordinance No .__________________ Page 2 of 7 City Attorney Ordinance No .__________________ Page 3 of 7 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 R Rural to MF Multi-Family and GC General Commercial, as graphically depicted in Exhibit “B” and Exhibit “C”. Ordinance No .__________________ Page 4 of 7 Ordinance No .__________________ Page 5 of 7 Ordinance No .__________________ Page 6 of 7 EXHIBIT “B” Ordinance No .__________________ Page 7 of 7 EXHIBIT “C” City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0130 Name:Arrington Road Rezoning Status:Type:Rezoning Agenda Ready File created:In control:2/24/2016 City Council Regular On agenda:Final action:3/10/2016 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 and GC General Commercial to MF Multi-Family and NAP Natural Areas Protected with the condition that no residential structures be constructed within the 135-foot buffer from the heater- treater equipment on the abutting site containing oil and gas uses for approximately 17.66 acres being Lot 1, Block 5 of the Tower Point Phase 5 subdivision, generally located at 1110 Arrington Road, more generally located south of the intersection of Arrington Road and Decatur Drive. Sponsors:Laura Walker Indexes: Code sections: Attachments:Aerial and Small Area Map Background 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 and GC General Commercial to MF Multi-Family and NAP Natural Areas Protected with the condition that no residential structures be constructed within the 135-foot buffer from the heater- treater equipment on the abutting site containing oil and gas uses for approximately 17.66 acres being Lot 1, Block 5 of the Tower Point Phase 5 subdivision, generally located at 1110 Arrington Road, more generally located south of the intersection of Arrington Road and Decatur Drive. 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 4th and voted to recommend approval with the condition that no residential structures be located within a 135-ft buffer of the existing heater-treater on the abutting property containing oil and gas uses. Staff recommends approval with the condition as well. College Station, TX Printed on 3/4/2016Page 1 of 3 powered by Legistar™ File #:16-0130,Version:1 Summary: The applicant is requesting a MF Multi-Family and NAP Natural Areas Protected rezoning to develop this lot into a multi-family complex and greenway trails within the Natural Areas Protected district. REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as Urban, Natural Areas Reserved, General Suburban, and Natural Areas Protected; and a portion of the property is located within Growth Area II. The Comprehensive Plan states the Urban designation is for areas that should have the most intense level of development consisting of vertical mixed use and other aspects of urban character; the Natural Areas Reserved designation is for areas that represent a constraint to development and should be preserved for their natural functions (floodplains, riparian buffers, etc.); the General Suburban designation is for areas with an intense level of high-density single- family residential uses; and the Natural Areas Protected designation is for parks, recreation, or greenways permanently protected from development. Growth Area II states that the urban portion of this area should be used for intense land uses with no more than 25% of the area being used for residential activities. However, there are currently little to no residential uses within the urban portion of Growth Area II. The areas designated as Natural Areas Protected on the Comprehensive Plan Future Land Use map were originally designated as such with the intent of planning for the adjacent conservation easement but, since the easement has been defined and dedicated, this land use no longer applies to the entire area. Some portions dedicated for greenway purposes are still upholding their Natural Areas Protected designation through the use of the Natural Areas Protected zoning district at these locations. In addition, the General Suburban designation is a result of designations being assigned on a non-parcel basis, so it no longer applies either. In conclusion, the rezoning request is consistent with the Comprehensive Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The properties to the north are zoned PDD and contain townhouse residential uses; properties to the east are zoned R Rural and are vacant; Spring Creek is to the south with an R Rural zoning designation; and properties to the west are zoned O Office with an oil and gas use, PDD with a self-storage use, and GS General Suburban with single-family homes. The present zoning of O Office and GC General Commercial are compatible with most of these zoning districts and uses with the exception of the oil and gas use. Staff expressed concern regarding the proposed use being located within close vicinity of an active oil site. The applicant’s engineer acknowledged the concern and has applied guidelines from the Department of Housing & Development (HUD) Exchanges’ Acceptable Separation Distances in response to Staff’s concern. A minimum separation distance of 135-ft from the oil field’s heater-treater to any residential building is being proposed. The area will be used for parking and perhaps a maintenance building to help buffer the potential hazard. Additional mitigation discussions from the oil well site will be made with the applicant when the site plan has been submitted for review. 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 property is designated for urban and high-density uses on the Comprehensive Plan Land Use Map, but there are also pre-existing uses surrounding this site that the Future Land Use Map did not anticipate. College Station, TX Printed on 3/4/2016Page 2 of 3 powered by Legistar™ File #:16-0130,Version:1 Directly west of the subject property is an operating oil well use that the applicant is proposing the condition with the rezoning that no residential buildings be within a 135-ft arc from a heater-treater on site that poses a significant threat (as illustrated in the HUD Allowable Separation Distance Map). Only parking and a maintenance building can be used in this area. There are also single- family homes to the west surrounding the oil and gas use, so the property will be required to provide single-family height protection and a minimum of 10ft buffer with a fence from this use. In addition, the greenway areas will be preserved with NAP Natural Areas Protected zoning. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is also suitable for uses permitted in the O Office and GC General Commercial districts. The O Office zoning is located in between the single-family uses and the GC General Commercial zoning, acting like a buffer between use intensities. However, the existing oil well use poses an issue to developing the site as an office use because similar buffering conditions to the oil well would be required at the site plan stage. 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 marketable for both commercial/office uses under the current zoning districts as well as multi- family uses allowed by the proposed rezoning. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Water Service will be provided by City of College Station via existing 12-inch main along Decatur Drive. The site will have sewer access via an existing 21-inch main running through the tract. The subject property is located in the Spring Creek drainage basin. The site is draining to an existing regional detention pond. The property has frontage on Decatur Dr. & Arrington, both classified as Two-Lane Major Collectors on the Thoroughfare Plan. Since the proposed zoning resulted in fewer trips than the current zoning, a Traffic Impact Analysis (TIA) was not required at this time. A revised TIA will be required with the site plan application. Drainage and other public infrastructure required with the site shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The existing infrastructure appears to currently possess capacity to adequately serve the proposed use. Budget & Financial Summary: N/A Attachments: 1. Area Map 2. Background Information 3. Ordinance College Station, TX Printed on 3/4/2016Page 3 of 3 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: February 4, 2016 Advertised Council Hearing Date: March 10, 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: Spring Creek Townhomes HOA Property owner notices mailed: 27 Contacts in support: None at the time of staff report. Contacts in opposition: Five at the time of staff report, citing concerns of developing in the greenbelt and flooding hazards. Inquiry contacts: Two at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North (Across Decatur Drive) Urban PDD Planned Development District Townhomes South Natural Areas Protected and Natural Areas Reserved R Rural Spring Creek Greenway East (Across Arrington Road) Urban and Natural Areas Reserved R Rural and GC General Commercial Vacant West Estate and Natural Areas Protected GS General Suburban and PDD Planned Development District Single-Family homes, storage buildings, and an oil well DEVELOPMENT HISTORY Annexation: 1983 Zoning: Properties zoned A-O Agricultural Open after Annexation 2001- A-O rezoned to R-4 Residential Attached 2006- R-4 rezoned to A-P Administrative Professional & C-1 General Commercial 2012- A-P Administrative Professional and C-1 General Commercial renamed to O Office and GC General Commercial Final Plat: The property is platted as Lot 1, Block 5 of the Tower Point Phase 5 Subdivision (2009). Site Development: Property is currently vacant. Ordinance No.________ Page 1 of 5 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 FOR APPROXIMATELY 17.66 ACRES FROM O OFFICE AND GC GENERAL COMMERCIAL TO MF MULTI-FAMILY AND NAP NATURAL AREAS PROTECTED WITH THE CONDITION THAT NO RESIDENTIAL STRUCTURES BE CONSTRUCTED WITHIN THE 135-FOOT BUFFER FROM SIGNIFICANT HAZARDS ON THE ABUTTING PARCEL CONTAINING OIL AND GAS USES, BEING LOT 1, BLOCK 5 OF THE TOWER POINT PHASE 5 SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN VOLUME 9448, PAGE 274 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, MORE GENERALLY LOCATED SOUTH OF THE INTERSECTION OF ARRINGTON ROAD AND DECATUR DRIVE, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, and as shown graphically in Exhibits “B”, “C”, & “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 10th day of March, 2016. APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No.________ Page 2 of 5 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from O Office and GC General Commercial to MF Multi- Family and NAP Natural Areas Protected with the condition that no residential structures be constructed within the 135-ft buffer from significant hazards located on the abutting site containing oil and gas uses, as shown graphically in Exhibits “B”, “C”, & “D”: Approximately 17.66 acres, being Lot 1, Block 5 of the Tower Point Phase 5 Subdivision, according to the plat recorded in Volume 9448, Page 274 of the official public records of Brazos County, Texas. Ordinance No.________ Page 3 of 5 EXHIBIT “B” Ordinance No.________ Page 4 of 5 EXHIBIT “C” Ordinance No.________ Page 5 of 5 EXHIBIT “D”