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HomeMy WebLinkAbout06/09/2016 - 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, June 9, 2016 1. Pledge of Allegiance, Invocation, Consider absence request. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping " items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: ·May 16, 2016 Workshop ·May 16, 2016 Regular Meeting 16-03142a. Sponsors:Mashburn WKSHP051616 DRAFT Minutes RM051616 DRAFT Minutes Attachments: Presentation, possible action, and discussion on an ordinance amending Chapter 7, “Health and Sanitation ”, Section 7-2 “Unlawful conduct related to Health and Safety” of the Code of Ordinances of the City of College Station, Texas, by adding Section (A) (11) "Public Urination and Defecation ", as set out below; providing a severability clause; declaring a penalty; and providing an effective date. 16-02852b. Sponsors:Couch Page 1 College Station, TX Printed on 6/3/2016 June 9, 2016City Council Regular Meeting Agenda - Final Ordinance.docxAttachments: Presentation, possible action, and discussion regarding the approval of a resolution approving the grant application for Hotspot Technology to the Office of the Governor. 16-02962c. Sponsors:Hurt Coversheet.docx CSFD Hotspots updated.pdf CSFD Hotspots Resolution.docx Attachments: Presentation, possible action, and discussion regarding approval of a Professional Services Contract (Contract No. 16300228) with Jones & Carter, Inc. in the amount of $177,000 for the design, bidding, and construction phase services for the State Highway 6 Water Line Project Phases I and II and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. 16-02982d. Sponsors:Harmon SH 6 Water Line Project Map.pdf State Hwy 6 Water Line Ph I II DRR (5-26-2016.pdf Attachments: Presentation, possible action, and discussion on a Professional Services Contract (Contract No. 16300403) with Brown Reynolds Watford Architects in the amount of $52,120 for the professional services related to the design of the Traffic Operations Renovation (part of the ITS Master Plan Implementation project). 16-02992e. Sponsors:Harmon Project Map.pdfAttachments: Presentation, possible action, and discussion regarding the purchase of 10 traffic signal cabinets from Paradigm Traffic Systems Inc. for $90,980. These cabinets will replace TS -1 cabinets in the system in order to provide functionalities with the new Intelligent Transportation System. 16-03002f. Sponsors:Harmon Presentation, possible action, and discussion on Semi -Annual Report for Impact Fees 92-01, 97-01, 97-02B, 99-01, and 03-02. 16-03072g. Sponsors:Cotter Report Impact Fee Areas Map Land Use Maps Attachments: Page 2 College Station, TX Printed on 6/3/2016 June 9, 2016City Council Regular Meeting Agenda - Final Presentation, possible action, and discussion to approve a contract between the City of College Station and CHI St. Joseph Health for the annual amount not to exceed $465,688.60 to provide Employee Health Clinic services and operations management. 16-03112h. Sponsors:Pond College Station Employee Health Clinic-St.Joseph_5-26-16.pdfAttachments: Presentation, possible action, and discussion concerning the passage and approval of an ordinance of the City of College Station, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2016 rate review mechanism filings and approving a settlement agreement with attached rate tariffs and proof of revenues. 16-03132i. Sponsors:Nettles 2016 ORD Accepting Settlement with Attachments.pdf 2016 Staff Report.pdf Attachments: Presentation, possible action, and discussion on a resolution authorizing the City Manager or his designees as authorized officials to execute documents necessary for the submission of the SWAT Night Vision Equipment Grant application, for Criminal Justice Division funds from the Office of the Governor. 16-03182j. Sponsors:Norris Gov CJD Grant Resolution 5-26-16.docxAttachments: Presentation, possible action, and discussion regarding approving a Resolution setting a public hearing to consider land use assumptions and capital improvement plan for roadway impact fees. 16-03232k. Sponsors:Gibbs RES call hearing 2.docxAttachments: Presentation, possible action, and discussion regarding approving a Resolution setting a public hearing date to consider land use assumptions and capital improvement plan for water and wastewater impact fees. 16-03242l. Sponsors:Coleman 5 RES calling hearing 2.docxAttachments: Presentation, possible action, and discussion on an Interlocal Agreement (ILA) with Brazos County and the City of Bryan to apply and accept a U.S. Department of Justice, 2016 Justice Assistance 16-03252m. Page 3 College Station, TX Printed on 6/3/2016 June 9, 2016City Council Regular Meeting Agenda - Final Grant (JAG). Sponsors:Norris 2016 JAG ILA.docxAttachments: Presentation, possible action, and discussion regarding the renewal of the annual city wide land surveying services and civil engineering services contracts between the City of College Station and Joe Orr, Inc and Binkley & Barfield, Inc. for a total amount of $100,000. 16-03262n. Sponsors:Harmon Presentation, possible action, and discussion on a five (5) year lease agreement with Texas Commercial Waste for refuse containers with an annual estimated cost of $198,456. 16-03272o. Sponsors:Harmon 16300397 Texas Commercial Waste.pdf Tabulation.pdf Attachments: Presentation, possible action, and discussion on approving a Signal Interconnect Agreement between Union Pacific Railroad and the City of College Station which will allow College Station to construct, maintain and operate a new signal facility at Greens Prairie Trail’s At-Grade Road Crossing Intersection. 16-03282p. Sponsors:Harmon 2908-58 3Signal Interconnect.pdf Project Map.pdf Attachments: Presentation, possible action, and discussion regarding the award of RFQ 16-041 to GDS Associates, Inc. in the amount of $80,000 for Electric NERC compliance consulting services. 16-03292q. Sponsors:Crabb Presentation, possible action, and discussion on a bid award for annual price agreements for various electrical items to be stored in inventory as follows: KBS Electric Distributors: $97,493, Stuart C. Irby: $31,802; Graybar Electric: $55,135.30; Techline, Inc.: $244,126.75; Schweitzer Engineering Laboratories Inc.: $36,900. Total estimated annual expenditure is $465,457.05. 16-03332r. Sponsors:Kersten 16-069 TabulationAttachments: Presentation, possible action, and discussion on a bid award for the purchase of three (3) 145kV potential transformers and three (3) Outdoor Breakers, which will be maintained in electrical 16-03352s. Page 4 College Station, TX Printed on 6/3/2016 June 9, 2016City Council Regular Meeting Agenda - Final inventory and expended as needed. The total recommended award is $94,422 and will be awarded by line item to the lowest responsible bidders. Sponsors:Kersten 16-070 TabulationAttachments: Presentation, possible action, and discussion on a bid award for the annual price agreement for electric meters and sockets, to be stored in inventory, as follows: Priester-Mell & Nicholson: $160,891.14; KBS Electrical Distributors: $12,465; Anixter : $117,000. Total estimated annual expenditure is $290,356.14. 16-03362t. Sponsors:Kersten 16-071 TabulationAttachments: Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, TexPool. 16-03382u. Sponsors:Kersten TexPool ResolutionAttachments: Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, Texas Short Term Asset Reserve (“TexSTAR”). 16-03392v. Sponsors:Kersten TexStar ResolutionAttachments: Presentation, possible action, and discussion on an ordinance amending Chapter 7 “Health and Sanitation” of the Code of Ordinances, Section 7.5 “Food Establishments”, and repealing Section 7.8 “Food Establishment Sanitation”. 16-03402w. Sponsors:Nettles CH 7 Sec 7 Food Est Ord Amend 4-15-16.docxAttachments: Regular Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the Page 5 College Station, TX Printed on 6/3/2016 June 9, 2016City Council Regular Meeting Agenda - Final 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 approving an ordinance vacating and abandoning a 3882.61 square foot, 20-foot wide public utility easement, which is located on the common property line of Lots 27 & 28 of Block 7 of the Williams Creek Subdivision Phase 6 according to the plat recorded in Volume 11426, Page 67 of the Official Records of Brazos County, Texas. 16-03161. Sponsors:Cotter Vicinity Map Location Map Ordinance Exhibit A Attachments: Public Hearing, presentation, possible action, and discussion regarding a resolution granting conditional consent to form up to five municipal utility districts in the City ’s Extraterritorial Jurisdiction, generally located along Peach Creek between FM 2154 and State Highway 6 South. 16-03172. Sponsors:Simms Vicinity Map Land Use Plan Application Resolution Exhibit A Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Restricted Suburban to General Commercial and Suburban Commercial for approximately 16-03203. Page 6 College Station, TX Printed on 6/3/2016 June 9, 2016City Council Regular Meeting Agenda - Final nine acres located at 15797 FM 2154, more generally located north of the Crossroad Woods Subdivision near intersection of Wellborn Road (FM 2154) and Greens Prairie Trail. Sponsors:Bullock Aerial Amendment Map Background Information Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to PDD Planned Development District for approximately nine acres being situated in the Samuel Davidson League, Abstract NO. 13, Brazos County, Texas. Said tract being the remainder of a called 5 acre tract of land as described by a deed to Rose E. Logan recorded in Volume 314, Page 708 of the Deed Records of Brazos County, Texas, and being situated in the Samuel Davidson League, Abstract NO. 13, College Station, Brazos County, Texas. Said tract being all of a called 3.78 acre tract of land as described by a deed to South Wellborn, LTD recorded in Volume 7043, Page 90 of the Official Public Records of Brazos County, Texas, generally located at 15797 FM2154, north of the Crossroad Woods Subdivision near intersection of Wellborn Road (FM 2154) and Greens Prairie Trail. 16-03214. Sponsors:Bullock Background Information Aerial and Small Area Map Ordinance Attachments: 5. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. APPROVED _____________________ City Manager I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on June 3, 2016 at 5:00 p.m. Page 7 College Station, TX Printed on 6/3/2016 June 9, 2016City Council Regular Meeting Agenda - Final _____________________ City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 8 College Station, TX Printed on 6/3/2016 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0314 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:5/17/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion of minutes for: ·May 16, 2016 Workshop ·May 16, 2016 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP051616 DRAFT Minutes RM051616 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: •May 16, 2016 Workshop •May 16, 2016 Regular Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: •May 16, 2016 Workshop •May 16, 2016 Regular Meeting College Station, TX Printed on 6/3/2016Page 1 of 1 powered by Legistar™ WKSHP051616 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION MAY 16, 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 arrived after roll call Karl Mooney John Nichols Julie Schultz, arrived after roll call James Benham, absent City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:30 p.m. on Monday, May 16, 2016 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.072-Real Estate, the College Station City Council convened into Executive Session at 4:31 p.m. on Monday, May 16, 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 B. Deliberation on the purchase, exchange, lease or value of real property; to wit: WKSHP051616 Minutes Page 2  Possible sale or lease of City’s property rights resulting from utility operations. The Executive Session adjourned at 4:57 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 2b, 2c, 2i, and 2j were pulled for clarification. (2b): Emily Fisher, Assistant Director of Public Works, clarified the cost participation in the University Pedestrian Improvements Project. These are safety improvements and moving a signal. (2c): Dave Coleman, Director of Water Services, clarified that the objective is to clean up the official water service area boundary lines. (2i): Emily Fisher, Assistant Director of Public Works, clarified the timeline was a 90-day project, and it is anticipated it will be completed before school starts in the fall. (2j): Emily Fisher, Assistant Director of Public Works, clarified the funding source; construction would begin in the next month or so and should be completed within a year. 5. Presentation, possible action, and discussion concerning the City Internal Auditor’s Bryan-College Station Convention & Visitors Bureau Audit. Ty Elliott, Internal Auditor, reported this is the third audit of the Convention & Visitors Bureau, the first occurring in 2011 and a follow up audit in 2012. Accounting procedures have improved since the 2011 audit. The CVB has a relatively large amount of liquid assets. The CVB’s direct impact on bringing events to the College Station and Bryan area has not significantly changed since the 2011 audit. The CVB’s expenditures have increased since the 2011 audit, especially in marketing and personnel. Also, CVB staff travel frequently within and out of state for marketing and professional development purposes, and these funds appear to be spent in areas that yield fewer results. Employee turnover at the CVB appears to be high – 29%. Some of the CVB’s strategic goals appear disconnected from their mission. Finally, there may be some inherent risk with the dynamic of the CVB’s governance structure. He presented six audit recommendations: 1. Take steps to reach a reasonable liquidity ratio. 2. Consider implementing job costing procedures to better understand allocation of resources and cost structure of the CVB. 3. Reevaluate the costs and benefits of expenditures. 4. Strategic direction should be determined by the CVB’s goals and objectives, and measurable objectives should be created to guide strategic development. 5. Utilize the DMAI Calculator as an internal device to assist in decision making regarding event selection and staff effort in pursuing event opportunities. WKSHP051616 Minutes Page 3 6. Consider emphasizing Board engagement with CVB strategy development and the formation of an advisory committee. 6. Presentation, possible action, and discussion on an update on the status of the design of the Police Facility. Chuck Gilman, Deputy City Manager, noted that the Council approved a contract with PGAL for the design a new police facility to be located on the south east corner of the intersection of Dartmouth and Krenek Tap. Since design began, staff has updated the site plan based on some feedback received to date. Staff is seeking clarification from the Council on the size of the facility, the desire to include Fire Administration in the new facility, and the interest in potentially modifying the Krenek Tap Overlay to allow for the development of the site to better accommodate a police facility. Possible modifications to the Krenek Tap Overlay include parking, setbacks, landscaping, etc. Council consensus was to establish the size of the facility at 79,000 square feet, and have staff return with proposed modifications to the overlay for Council review/approval. Council agreed with staff’s recommendation to keep Fire Administration on its current location. 7. Council Calendar Council reviewed the calendar. 8. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. There were no future agenda items. 9. 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, YMCA, Youth Advisory Council, Zoning Board of Adjustments, WKSHP051616 Minutes Page 4 Councilmember Mooney reported on TML. Councilmember Nichols reported on the Chamber visit to Washington, D.C. 10. Adjournment There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 7:10 p.m. on Monday, May 16, 2016. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM051616 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MAY 16, 2016 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, absent 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 7:18 p.m. on Monday, May 16, 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 Mooney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to approve the absence request of Councilmember Benham. The motion carried unanimously. Presentations: Presentation proclaiming the National Public Works Week. Mayor Berry presented the proclamation to representatives of the Public Works Department and proclaimed May 15-21, 2016 as National Public Works Week. RM051616 Minutes Page 2 Presentation proclaiming May as National Bike Month. Mayor Berry presented the proclamation to the Bicycle, Pedestrian, and Greenways Advisory Board and proclaimed May 2016 as National Bike Month. Presentation of the Annual Arts Council Scholarships. Chris Dyer, CEO, The arts Council, introduced the 2016 Arts Council College Arts Scholarship recipients: Ester Araujo, A&M Consolidated High School (attending Savannah College of Art and Design for Illustration); Bryson Bounds, A&M Consolidated High School (attending TAMU for Environmental Design & Architecture); and Mitchell Bradford, College Station High School (attending Abilene Christian for Theatre Performance). Presentation of check by Brazos Valley Fashion Week for the Fun for All Playground. Judy LeUnes, on behalf of the Brazos Valley Fashion Week, presented a check in the amount of $42, 361.02 to David Schmidt, Director of Parks and Recreation, for the Fun of All Playground. A brief video was also shown. Hear Visitors Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Pfc. James D. Parker. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  April 28, 2016 Workshop  April 28, 2016 Regular Meeting 2b. Presentation, possible action, and discussion on approval of Resolution 05-16-16-2b, allowing the mayor to sign an Advance Funding Agreement (AFA) with the Tex as Department of Transportation (TXDOT) for the cost participation of the City of College Station and TXDOT in the University Drive Pedestrian Improvements Project. 2c. Presentation, possible action, and discussion regarding changes to the water service area boundaries between the City and Wellborn SUD in four locations. 2d. Presentation, possible action, and discussion regarding Change Order No. 2 with Elliott Construction, reducing contract number 15300300 by $96,826 for the Graham Road Rehabilitation Project. 2e. Presentation, possible action, and discussion regarding a contract (Contract No. 16300351) with Crossroads Asphalt Preservation for the Surface Sealing of City Streets for a not to exceed amount of $150,000. RM051616 Minutes Page 3 2f. Presentation, possible action, and discussion on approving job order construction contract no. 16300389 for various facility corrective maintenance services from Jamail & Smith Construction, LP in the amount of $182,645.29. Contract pricing is available from Jamail & Smith Construction, LP through an interlocal cooperative purchasing agreement the City has with Buyboard. 2g. Presentation, possible action, and discussion regarding a Professional Services Contract No. 16300390 with Binkley & Barfield, Inc. in the amount of $66,895.25 for the professional engineering services related to the design of the traffic signal and intersection improvements at the intersections of FM 30 (Harvey Rd) at George Bush Drive East and FM 2818 (Harvey Mitchell Parkway) at Longmire Drive. 2h. Presentation, possible action, and discussion regarding a $265,597.50 construction contract (No. 16300329) with Larry Young Paving, Inc. for sidewalk improvements along Langford Street. 2i. Presentation, possible action, and discussion regarding a construction contract (No. 16300337) with Brazos Paving, Inc., in the amount of $680,335.37, for the construction of a new traffic signal at the intersection of State Highway 40 and Victoria Avenue. 2j. Presentation, possible action, and discussion on a construction contract (Contract No. 16300334) with Elliott Construction, LLC in the amount of $2,451,453.51 for the Munson Avenue Rehabilitation Project and presentation, possible action, and discussion on Resolution 05-16-16-2j, declaring intention to reimburse certain expenditures with proceeds from debt. 2k. Presentation, possible action, and discussion on a lease with the Brazos Valley Solid Waste Management Agency for the use of the Twin Oaks Law Enforcement Training Facility by the Police Department. 2l. Presentation, possible action, and discussion regarding contract #16-068 with Layne Christensen Company for $250,694 to repair the pumps in Wells 6 and 8. 2m. Presentation, possible action, and discussion regarding a Utility Agreement with the Brazos County Municipal Utility District No. 1 Board, addressing the provision of City water and sewer service to the Municipal Utility District. 2n. Presentation, possible action, and discussion regarding the appointment of the Executive Director of the Aggieland Humane Society as the Local Rabies Control Authority (LRCA) for College Station. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. RM051616 Minutes Page 4 REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3768, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to PDD Planned Development District for approximately 26 acres being situated in the Samuel Davidson League, Abstract No. 13, Brazos County, Texas, said tract being a portion of the remainder of a called 33.70 acre tract described as third tract by a deed to Keren Eidson recorded in Volume 300, Page 609 of the deed records of Brazos County, Texas, generally located between Wellborn Road (FM 2154) and Royder Road, near Greens Prairie Road West. Jessica Bullock, Planning and Development, reported that the applicant is requesting a Planned Development District zoning on approximately 26 acres to build a clustered single-family residential development in the Wellborn Community area. The PDD uses a base zoning district of Restricted Suburban with modification to make the zoning district compliant with the community plan. The Planning and Zoning Commission considered this item on April 21, and voted 5-0 to recommend approval with the condition that a solid wood fence between six to eight feet in height be installed to the adjacent single-family property to the east, prior to issuance of building permits. with the condition that a solid wood fence between six to eight feet in height be installed to the adjacent single-family property to the east, prior to issuance of building permits. At approximately 7:47 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:47 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3768, 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 Rural to Planned Development District for approximately 26 acres being situated in the Samuel Davidson League, Abstract No. 13, Brazos County, Texas, said tract being a portion of the remainder of a called 33.70 acre tract described as third tract by a deed to Keren Eidson recorded in Volume 300, Page 609 of the deed records of Brazos County, Texas, generally located between Wellborn Road (FM 2154) and Royder Road, near Greens Prairie Road West , with the condition that a solid wood fence between six to eight feet in height be installed to the adjacent single-family property to the west, prior to issuance of building permits. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3769, 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 M1 Light Industrial and M2 Heavy Industrial to SC Suburban Commercial for approximately 0.50 acres being the JHW Commercial Subdivision, Lot 3, Block 1, generally located at 150 Graham Road. RM051616 Minutes Page 5 Madison Thomas, Planning and Development, reported that the applicant is requesting a Suburban Commercial rezoning at this location to allow for future daycare and retail/office uses. The Planning and Zoning Commission considered this item on April 21, and voted 5-0 to recommend approval. At approximately 7:50 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:50 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3769, 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 Light Industrial and Heavy Industrial to Suburban Commercial for approximately 0.50 acres being the JHW Commercial Subdivision, Lot 3, Block 1, generally located at 150 Graham Road. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding a Strategic Partnership Agreement with the Brazos County Municipal Utility District No. 1 Board, outlining the terms and conditions for annexation. Lance Simms, Director of Planning and Development, reported that this is the second of two public hearings required before approving the Strategic Partnership Agreement (SPA) with Brazos County MUD No. 1. Formal approval of the SPA can occur after the second public hearing. In March of 2014, the City Council granted the landowner’s petition to create Brazos County Municipal Utility District (MUD) No. 1 within the City’s Extraterritorial Jurisdiction. As provided for in the City’s adopted MUD policy, staff negotiated a Development Agreement with the developer to extend the City’s planning authority over the MUD. In March of 2015, the City Council approved the Development Agreement which included a “form” of the Strategic Partnership Agreement (SPA) as an attachment. The SPA has since been approved by the MUD Board and needs to be approved by the City Council. The SPA outlines the terms and conditions for the future annexation of the MUD. Staff recommends approval of the agreement. At approximately 7:53 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:53 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt the Strategic Partnership Agreement with the Brazos County Municipal Utility District No. 1 Board, outlining the terms and conditions for annexation. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3770, vacating and abandoning a 0.068 acre portion of a 10-foot wide Public Utility Easement, said portion being on Lot 1A, Block 1, Replat of Lot 1, Block 1, College Station RM051616 Minutes Page 6 I.S.D., Willow Branch and Oakwood School Sites Subdivision, according to the plat recorded in Volume 6857, Page 25, of the Official Records of Brazos County, Texas, said tract also being a portion of a 10' Public Utilities Easement as shown on Lot 1, Block 1, of the plat of College Station I.S.D. Willow Branch and Oakwood School sites, according to the plat recorded in Volume 3588, Page 51, Official Records of Brazos County, Texas. Carol Cotter, Planning and Development, reported that the public utility easement (PUE) abandonment will accommodate a building expansion on the CSISD property. It appears the PUE was intended for an existing water line that is offset from the PUE’s current limits. As part of the abandonment, a 15-foot wide public utility easement dedication by CSISD to cover this existing line is being required. If the condition is not met, the abandonment will be null and void. Staff recommends approval. At approximately 7:56 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:56 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3770, vacating and abandoning a 0.068 acre portion of a 10-foot wide Public Utility Easement, said portion being on Lot 1A, Block 1, Replat of Lot 1, Block 1, College Station I.S.D., Willow Branch and Oakwood School Sites Subdivision, according to the plat recorded in Volume 6857, Page 25, of the Official Records of Brazos County, Texas, said tract also being a portion of a 10' Public Utilities Easement as shown on Lot 1, Block 1, of the plat of College Station I.S.D. Willow Branch and Oakwood School sites, according to the plat recorded in Volume 3588, Page 51, Official Records of Brazos County, Texas. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3771, amending Chapter 10, “Traffic Code,” Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations for Certain Described Areas”, (1) “Traffic Schedule XIV- No Parking Here to Corner or No Parking Any time” of the Code of Ordinances of the City of College Station, Texas by removing on-street parking along both sides of Jane Street between University Drive and Cooner Street and removing on-street parking along both sides of Eisenhower Street between University Drive and Cooner Street. Danielle Singh, Planning and Development, reported that this ordinance amends Chapter 10 “Traffic Code,” by removing parking from the 400 Block of Jane Street and the 400 Block of Eisenhower Street. This parking removal request is to allow emergency access to the proposed Embassy Suites development. Letters were mailed to the property owners adjacent to the area impacted by the parking removal. Additionally, on April 26th, the applicant held a meeting with the property owners to discuss the parking removal plan. Staff recommends approval. At approximately 8:01 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:01 p.m. RM051616 Minutes Page 7 MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Aldrich, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3771, amending Chapter 10, “Traffic Code,” Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations for Certain Described Areas”, (1) “Traffic Schedule XIV- No Parking Here to Corner or No Parking Any time” of the Code of Ordinances of the City of College Station, Texas by removing on-street parking along both sides of Jane Street between University Drive and Cooner Street and removing on-street parking along both sides of Eisenhower Street between University Drive and Cooner Street. The motion carried unanimously. 6. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3772, amending Chapter 10, “Traffic Code,” Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations for Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking at Any Time”, of the Code of Ordinances of the City of College Station, Texas, to remove parking on the east side of Boyett Street from the corner of Boyett Street and Spruce Street extending 115 feet to the south to the property line at 504 Boyett Street. Danielle Singh, Planning and Development, reported that this ordinance amends Chapter 10 “Traffic Code,” by removing parking along Boyett Street adjacent to the property at 300 Spruce Street. This parking removal request is to allow aerial fire access to the proposed Northgate Park Apartments development. Letters were mailed to the property owners adjacent to the area impacted by the parking removal. Additionally, on December 30th, 2015, the applicant held a meeting with the property owners to discuss the plan to remove parking. Staff recommends 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 Mooney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3772, amending Chapter 10, “Traffic Code,” Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations for Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking at Any Time”, of the Code of Ordinances of the City of College Station, Texas, to remove parking on the east side of Boyett Street from the corner of Boyett Street and Spruce Street extending 115 feet to the south to the property line at 504 Boyett Street. The motion carried unanimously. 7. Presentation, possible action, and discussion on Ordinance 2016-3773, authorizing the issuance of up to $30,500,000 in principal amount of “City of College Station, Texas Certificates of Obligation, Series 2016”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to the certificates; and enacting other provisions relating to the subject. RM051616 Minutes Page 8 8. Presentation, possible action, and discussion on Ordinance 2016-3774, authorizing the issuance of up to $56,000,000 in principal amount of “City of College Station, Texas General Obligation Improvement and Refunding Bonds, Series 2016”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and other procedures relating to said bonds; and enacting other provisions relating to the subject. Items 7 and 8 were taken together. Jeff Kersten, Assistant City Manager, reported that on March 31, 2016 Council approved a resolution directing staff to advertise the issuance of CO’s. On April 4 and April 11 such notice was published. It is at the recommendation of the City’s Financial Advisor, Mr. Drew Masterson with First Southwest, that the City issue Certificates of Obligation for utility projects rather than Utility Revenue Bonds. This particular issue will provide resources for street, police station design and initial project costs, information technology, electric, and water improvements; and debt issuance costs. Jeff Kersten, Assistant City Manager, reported that the City has the opportunity to refund a portion of its General Obligation Improvement Bonds, Certificates of Obligation and Utility Revenue Bonds in order to achieve savings due to lower interest rates that are currently available. The City's Financial Advisor, Drew Masterson with First Southwest, has presented the City with an opportunity to issue refunding bonds for several of our outstanding General Obligation Improvement Bonds, Certificates of Obligation and Utility Revenue Bond issues. Staff recommends approval. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3773, authorizing the issuance of up to $30,500,000 in principal amount of “City of College Station, Texas Certificates of Obligation, Series 2016”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to the certificates; and enacting other provisions relating to the subject. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2016-3774, authorizing the issuance of up to $56,000,000 in principal amount of “City of College Station, Texas General Obligation Improvement and Refunding Bonds, Series 2016”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and other procedures relating to said bonds; and enacting other provisions relating to the subject. The motion carried unanimously. RM051616 Minutes Page 9 9. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:24 p.m. on Monday, May 16, 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:416-0285 Name:Health and Safety ordinance Status:Type:Ordinance Consent Agenda File created:In control:5/5/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on an ordinance amending Chapter 7, “Health and Sanitation”, Section 7-2 “Unlawful conduct related to Health and Safety” of the Code of Ordinances of the City of College Station, Texas, by adding Section (A) (11) "Public Urination and Defecation", as set out below; providing a severability clause; declaring a penalty; and providing an effective date. Sponsors:Billy Couch Indexes: Code sections: Attachments:Ordinance.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance amending Chapter 7, “Health and Sanitation”, Section 7-2 “Unlawful conduct related to Health and Safety” of the Code of Ordinances of the City of College Station, Texas, by adding Section (A) (11) "Public Urination and Defecation", as set out below; providing a severability clause; declaring a penalty; and providing an effective date. Relationship to Strategic Goals: (Select all that apply) ·Good Governance ·Neighborhood Integrity ·Sustainable City Recommendation(s): Staff recommends approval of the amendments regarding City ordinance Chapter 7 "Health and Sanitation" Summary:The purpose of the proposed modification is to provide a mechanism of enforcement and deterrance regarding the activity of urination and defecation in areas other than a receptacle designed for this purpose. The current law for Disorderly Conduct by exposure is intended for a different purpose and the elements are difficult to meet under the circumstances outlined in this draft ordinance. Budget & Financial Summary: N/A Attachments: Ordinance draft College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0285,Version:4 College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ ORDINANCE NO. ______________ AN ORDINANCE AMENDING CHAPTER 7, “HEALTH AND SANITATION”, SECTION 7-2 “UNLAWFUL CONDUCT RELATED TO HEALTH AND SAFETY” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING SECTION (A) (11) AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 7, “Health and Sanitation” Section 7-2 “Unlawful Conduct Related to Health and Safety”, of the Code of Ordinances of the City of College Station, Texas, be amended by adding Section (A) (11) as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person 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 Five Hundred Dollars ($500.00). 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 9th day of June, 2016. APPROVED: ____________________________________ Mayor ATTEST: ________________________________ City Secretary APPROVED: _________________________________ City Attorney Ordinance No.___________ Page 2 of 2 EXHIBIT “A” That Chapter 7, “Health and Sanitation”, Section 7-2, “Unlawful Conduct Related to Health and Safety”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding section (A) (11), and is to read as follows: (11) Public Urination and Defecation. (a) Urinates or defecates: (1) In or on a public street, alley, sidewalk, yard, park, building, structure, plaza, or right-of-way, or any other public place; (2) In any place that may be seen from a residence or business; or (3) In public or open view. (b) It is an affirmative defense to prosecution under this section if the person is in a restroom using a receptacle designed for urination or defecation. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0296 Name:Presentation Status:Type:Presentation Consent Agenda File created:In control:5/10/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion regarding the approval of a resolution approving the grant application for Hotspot Technology to the Office of the Governor. Sponsors:Eric Hurt Indexes: Code sections: Attachments:Coversheet.pdf CSFD Hotspots updated.pdf CSFD Hotspots Resolution.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the approval of a resolution approving the grant application for Hotspot Technology to the Office of the Governor. · ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Improving Mobility ·Sustainable City Recommendation(s): Summary:This application is for hotspot technology for the College Station Fire Department in the amount of $9,000. College Station Fire Department has purchased and tested two hotspots to test the operational level of this interoperable communications equipment. The Department has concluded that this technology is needed on each vehicle to sustain the transfer of information to all levels within and outside the city. College Station can field varying capabilities that can be brought to bear in the prevention of, protection from, response to and recovery from terrorism attacks, Hazardous Materials incidents, and Hostage Negotiations. The hotspot technology allows any device within range of an equipped CSFD vehicle to tap into Wi-Fi and pass information to all levels, different responding agencies, and College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0296,Version:1 hospitals. Vital information can be passed to anyone that has a need to receive the information, including a request for resources from the state or federal government. Budget & Financial Summary:None Attachments:Resolution & CSFD Hotspots Grant Application College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ May 16, 2016 Consent Agenda Office of the Governor Grant Application To: Kelly Templin, City Manager From: Eric Hurt, Fire Chief Agenda Caption: Presentation, possible action and discussion regarding the approval of a resolution approving the grant application for Hotspot Technology to the Office of the Governor. Recommendation(s): Staff recommends approval of the resolution. Summary: This application is for hotspot technology for the Fire Department in the amount of $9,000. College Station Fire Department has purchased and tested two hotspots to test the operational level of this interoperable communications equipment. We have concluded tha t this technology is needed on each vehicle to sustain the transfer of information to all levels within and outside the city. College Station can field varying capabilities that can be brought to bear in the prevention of, protection from, response to and recovery from terrorism attacks, Hazardous Materials incidents, and Hostage Negotiations. The hotspot technology allows any device within range of a vehicle to tap into Wi-Fi and pass information to all levels, different agencies that are responding, and to hospitals. Vital information can be passed to anyone that has a need to receive the information to include requesting resources from the state or federal government. Budget & Financial Summary: None Attachments: Resolution Number________ Grant Application titled CSFD Hotspots 1 CONTACT INFORMATI ON Region: Brazos Valley Project Title: College Station Hotspot Communications Technology Agency: College Station Fire Department Division or Unit to Administer the Project: College Station Fire Department Name: Brian Hilton Email:bhilton@cstx.gov Phone: 979.764.6210 Agency Address: PO Box 9960, College Station, TX 77842 Expected Project Start Date: 03/01/2016 Expected Project End Date: 07/30/2016 Plan Year: 2016 The Grant Writer is the person that you would like to input the initial grant. Grant Writer Name: Cale Teeter Grant Writer Email: cale.teeter@bvcog.org Grant Writer Phone Number: 979-595-2800 Grant Writer Coordinator Agency: Brazos Valley Council of Governments The project coordinator is the person that you would like us to contact in regard to this project. Project Coordi nator Name: Brian Hilton Project Coordinator Email: bhilton@cstx.gov Project Coordinator Phone Number: 979.764.6210 Project Coordinator Agency: The Financial Officer is the person that you would like to manage all financial aspects of the grant. Financial Officer Name: Carol Thompson Financial Officer Email: Cthompson@cstx. gov Financial Officer Phone Number: 979.764.3804 Financial Officer Agency/Muni cipality: City of College Station The Authorized Official is the individual that has the authority to execute contrast for the Agency/Municipality Authorized Official Name: Kelly Templin Authorized Official Email:ktemplin@cstx.gov Authorized Official Phone Number: 979.764.3511 Authorized Official Agency/Municipality: City of College Station Brazos Valley Homeland Security Grant - Call For Projects FY - 2016 Instructions: Please follow the detailed instructions. Please Note; that each section will be scored and any incomplete sections will affect your final scoring. 2 The Brazos Valley Region faces a variety of potential threats, hazards, and vulnerabilities from multiple sources. The region regularly experiences vulnerabilities to man-made emergencies or accidents such as hazardous material exposures, industrial emergencies, shootings, or terrorism. These hazards are exponentially increased due to being the home of Texas A&M University which brings in lOOK plus visitors for sporting events in a single day. The College Station Fire Department continues to face the challenge of acquiring grant funding for equipment and training which creates in accordance with national standards and guidelines. The project and strategies in this investment are intended to address vulnerabilities from the 2014 Regional THIRA, SPR, and Strategic Plan. An assessment of the College Station Fire Department revealed gaps in communications on scene with accountability, direction and control, creating vulnerabilities in hazard containment, situational awareness, intelligence and information sharing, environmental Response/Health and Safety Core Capability; within the first 2 hours following an incident, conduct health and safety hazard assessments and disseminate guidance and resources to include deploying 2 HAZMAT teams to support environmental health and safety actions for 300 of response personnel, and 100,000 residents and visitors, 100 PAFN, and 22 animals across an impacted area of 5 square miles. 1. Describe the threats and hazards that create the need for the project. Include reference to page(s) of regional or state THIRA: 2. Describe the capability gap(s) which will be addressed by the project. Include reference to page(s) of the regional or state SPR, If you list the Core Capability Gap it addresses the Homeland Security Planner will identify the reference pages: 3 3. Explain how the project will red uce the capability gap(s) identified in the SPR: 4. Explain the long-term approach to sustaining the capa bilities developed by this project to include the need for f utu re grant fu nding. Note: If the project is a "Service", "Software as a Service", "Internet/Satellite Subscription" that supports the region it will be considered a sustainable project. The College Station Fire Department will address new challenges as appropriate to aid in facilitating appropriate HAZMAT-related and other technical fire department responses and public safety. This investment will contribute to building and sustaining capabilities and assist in preventing, preparing for, protecting against, and responding to incidents or acts of terrorism. College Station will sustain a coordinated approach to preparedness by supporting continuous planning, training, and exercises within the region. The proposed investment supports the regional homeland security goal to enhance the College Station Fire Department to respond to the consequences of a CBRNE/WMD incident where local resources are not available or are inadequately trained. The equipment purchased for the solution will be fully compatible with the Texas Strategic Plan, NIMS Typing for HAZMAT Teams, Swift Water Rescue and Fire response, and NIMS capability requirements. Furthermore it increases the Brazos Valley Regional THIRA Core Capabilities of Introduction and Disruption, On-Scene Security and Protection, and Screening, Search, and Detection by increasing the level of response capabilities before, during, and after a WMD, IED, or Hazmat event. Technological improvements in processing and remote operations will vastly improve the capabilities and speed with which technicians can identify and mitigate HAZMAT hazards minimizing This investment will also contribute to building and sustaining capabilities and assist in preventing, preparing for, protecting against, and responding to incidents or acts of terrorism, by increasing immediate operational command and control during terrorist events. 4 5. Describe existing capability levels and what is or will be in place to support the Investment prior to the use of these grant funds if awarded: 6. Provide an explanation of the regional and/or statewide impact of this project: Project Narrative This investment supports the Brazos Valley Region, which consists of 7 counties, 28 law enforcement agencies, 64 fire departments, and 16 EMS departments connected via mutual aid agreements and Memoranda of Understanding (MOUs) within the Region. The proposed investment supports the regional homeland security Goal to enhance the designated regional team (College Station) to respond to the consequences of a CBRNE/WMD or HAZMAT incident where local resources are not available or are inadequately trained. College Station Fire Department has purchased and tested two hotspots to test the operational level of this interoperable communications equipment. We have concluded that this technology is needed on each vehicle to sustain the transfer of information to all levels within and outside the city. College Station can field varying capabilities that can be brought to bear in the prevention of, protections from, response to and recovery from terrorism attacks, Hazardous Materials incidents, and Hostage Negotiations. The hotspot technology allows any device within range of a vehicle to tap into Wi-Fi and pass information to all levels, different agencies that are responding, and to hospitals. Vital information can be passed to anyone that has a need to receive the information to include requesting resources from the state or federal government. 5 Problem Statement 7. Provide a detailed accou nt of the issues your project will target. This needs to be done in plain language. For example: If the project effects Operational Awareness or Command and Control stating, "This project increases Command and Control and Facilitates Operational Awareness" will need to be defined. The project increases Operational Awareness and Command and Control, which allows leadership to identify, process, and comprehend the critical elements of information and what is happening during an event. Thus increasing Fire/Law/EMS safety while protecting life and property. Supporting Data College Station Fire Department will respond to Terrorist and Hazmat threats that may occur in the Brazos Valley Region. Having the hotspots on department vehicle aids in the command and control aspect in any response for any incident. This allows leadership from not only College Station; but any agency or organization to process and comprehend the critical elements of information from the incident commander during a response. Thus increasing responder and citizen safety while protecting life and property. The College Station Fire Department is required to have reliable communications for its mission critical applications. Today, that includes a reliable and robust connection to a cellular-data infrastructure. These mobile devices would provide the network connections to Ambulances and Fire suppression units to relay vital information to hospitals and display real time vehicle location to dispatch and field personnel. Vehicle tracking and real time location data can instantly provide the dispatch center with the closest unit(s) saving time and resources. These devices would ensure that essential resources and critical information are deployed to field personnel. Selected Fire or EMS vehicles would have one mobile network device installed in the unit and setup to connect to field computers/tablets. These connections would also allow for two-way data and information sharing from dispatch. 6 8. Provide supporting data, including baseline statistics and the sources of your data, which are pertinent to the grant project and its target area. Do not use statewide data for a local problem or national data for a statewide problem. 9. Select Your Project Activities If more than one please give the dedicated percentage to that activity, should equal 100% Communications Interoperability 100% Sustaining Special Response Teams and First Responder Capabilities State, Regional & Local Planning Critical Infrastructure Border security Fusion Center 10. Custom Activity Type in your self-defined activity The College Station Fire Department is required to have reliable communicati ons for its missi on critical applications. Today, that includes a reliable and robust connection to a cellular-data Infrastructure. These mobile devices woul d provide the network connecti ons to Ambul ances and Fire suppressi on units to relay vital information to hospitals and display real time vehi cle location to dispatch and field personnel. Vehi cle tracking and real time location data can instantly provide the dispatch center with the closest unit (s} saving time and resources. These devices woul d ensure that essenti al resources and critical information are deployed to field personnel. Selected Fire or EMS vehicles woul d have one mobile network device installed in the unit and setup to connect to field computers/tablets. These connections would also allow for two-way data and information shari ng from dispatch. The Brazos Valley Regional THIRA, SPR, and Implementation plan. 7 11. Identify your Target Group and Population If it is a county/region wide project or a project that effects the entire county/region such as a communications project use County Wide LMI stats. For a regional project use LMI stats for each of the counties excluding Brazos County. Brazos County does not fall into LMI status so it will need to be broke down by census block. 12. Milestones Please remember that a M ilestone is an important event, advance, development or part of a road map for a project. They are measurable predefined goals of the project. 3-5 M ilestones will be required. Milestone Completion Date Testing reliability of hotspot technology 12/12/15 Installation of hotspot technol ogy in 100% of CSFD Vehicles 100% Employees Trained Hotspot technology In-Service 13. Budget Please have a budget prepared prior to submission. The budget will need i nclude a quote from at least one vendor. Please attach budget and quotes. Equipment: (Include AEL Codes - Provide Title, estimated quantity and total cost by each AEL Code) 04AP-02-0APT - System, Operations Area Personnel Tracking and Accountability Description: Personnel tracking and accountability systems for use in an operations area, including both administrative tracking systems and precision locating and tracking systems. You must include a specific breakdown by funding category (Planni ng, Organization, Equipment, Training, Exercises, and M&A). Provide detailed information on exactly what the funding will be used to purchase. Include the details of your cost estimates by AEL code and juri sdiction (if applicable) withi n each category. Geographic Area: Brazos Valley Council of Governments Target Audience: All Gender: Both Ages: All Special Characteristics: None 8 Budget: $1,452 Hotspot hardware x 15 Vehicles = $21,780 $50 per unit (15) per month (12) for cell charges x 12 months = $9,000 Total Request: $30,780 Training: {Include AEL Codes) Exercises: {Include AEL Codes) 14. If this is a multi-jurisdictional project or regional asset Please enter all participating jurisdicti ons and enter the amount each will receive if any. MOU's and/or CWA's must be in place and attached to this application. 15. Provide a descri ption and amount for any in-kind and/or local match for this project: N/A 16. EHP/NEPA/Engineering Studies Does this Investment require new construction or renovation, retrofitting, or modification of existing structures? Please list all activities that may require an EHP, NEPA, and or Engineering Study and time frame for completion of these activities. 17. Time period for completion of project 1 1-4 Months 18. Project Management Step involved l Execute 19. Project Summary Amount: $2,903.00 Description: College Station has purchased 2 systems for testing in two different types of vehicle. This is a regional response asset that can be used anywhere College Station Fire Department responds to for mutual aid. 9 The College Station Fire Department is required to have reliable communications for its mission critical applications. Today, that includes a reliable and robust connection to a cellular-data Infrastructure. These mobile devices woul d provide the network connecti ons to Ambulances and Fire suppressi on units to relay vital information to hospitals and display real time vehi cle location to dispatch and field personnel. Vehi cle tracki ng and real time location data can instantly provide the dispatch center with the closest unit(s) saving time and resources. These devices would ensure that essential resources and critical information are deployed to field personnel. Selected Fire or EMS vehi cles would have one mobile network device installed in the unit and setup to connect to field computers/tablets. These connections would also allow for two-way data and informati on shari ng from dispatch. Summarize the entire application, including the project's problem statement, supporting data, target group, activities, and objectives. Be sure that the summary is easy to understand by a person not familiar with your project or public safety/Homeland Security. Also be comfortable with the information in the project summary which is subject to open records request. If some of the supporting data, goals, or objectives carry a risk you do not want the public to have access, do not put them in the Project Summary. This is the only part of the Narrative that is available through an open records request, the remainder is FOUO. Disclaimer: I certify, by my printed name & signature below, that the information provided in this submission is accurate. By checking this box, I am indicating that I am authorized to submit this project by my governing body. I understand any jurisdiction must meet eligibility requirements to receive funding. I also understand this project proposal serves as a request for consideration for grant funding. There is no guarantee of award by submitting this request. I understand that if this project is funded I will complete all necessary actions listed in the grant sub-recipient agreement and special terms and conditions. I also understand that any variation to an approved project must be submitted through the formal change request process. Additionally, the change must be authorized by the regional council and should a change request be denied, funds can be reallocated to another project or jurisdiction. 10 Authorized Official Printed Name: Kelly Templ in, City Manager Authorized Official Signature: ----------------- Prepared By Printed Name: __,B:;.:r..i:..a:::.:n..;...;H;..:.i.=:lto='n-"'-E'=M"'"";C:::..- _ Prepared By Signature re: - Purchase Cin·OF Cm.LEGE STATION Homr of'l<xas A&M UnivmifJ' City of College Station Accounting Division PO Box 9973 College Station, TX 77842-9973 (979) 764-3569 Fax: (979) 764-3899 Vendorlnvoi ceEntry@cstx.gov Purchase Order Fiscal Year 2016 Page 1 of 2 Order # 16201291-00 IC LOGIC INC USAT CORP. 104 S ESTES DRIVE CHAPEL HILL NC 27514 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. IC LOGIC INC. USAT CORP. PO BOX 9334 CHAPEL HILL NC 27515-9334 -16}1?02829 INFORMATION TECHNOLOGY SRVS PO Box 9960 310 Krenek Tap Rd College Station TX 77842 {J}elBeCiurf tf ,., £:J : "FtSJfitWMethcid !Ter\lilJ'; ,-' '· :r 12/18/2015 !("' :tr .. Rugged, enterprise-class, mobile 3G/4G LTE multi-brand router with WiFi for Verizon 22259100 - 5720 $1,619.98 2 5-Yr Enterprise Cloud Manager + CradleCare Support Agreement, Category 2 Product 22259100 .5720 $656.00 3 LTE/LTE/WIFl/WIFl/GPS (5 Cables) - 694-960/1710-2170 MHz (x2),2.4-2.5/4.9-6 GHz (x2) RP SMA, 15 ft RF-195 SMA-plug, GPS 15 ft RG-174 SMA-plug 22259100 - 5720 $460.96 4 Conductive ground plane designed for optimal antenna performance on 4G LTE (640-700MHz), 3G CDMA and 3G GSM based cellular networks. Ground plane uses straightlining finish to ensure flatness and to OP,timize planar surface area. Corrosion resistant 8.507 ' diameter circular aluminum ground plane optimized for 694-960 MHz CELL/LTE, as well as 3G 800-2100 MHz cellular applications. Center bored to accept most 23mm and 5/8" antenna shaft sizes as well as adhesive antenna side wire styles. Designed & Manufactured in the USA. 22259100 - 5720 $19.90 5 Verizon LTE SIM, Mini SIM card (4G SIM card 2FF) 22259100 - 5720 $11.90 6 DevProv + 90 is a suite of WWAN services designed to reduce your total cost of ownership by providing your Company with provisioning and support services related to your network device. The DevProv + 90 support window begins from date of invoice and includes services listed on estimate 935548. 22259100 .5720 $120.00 7 Shipping Cost 22259100 .5720 $14.55 Estimate Number 935548 BY -lios_=ie"-"U".r ru==ti=a'-- - auyer 2.00 EACH 2.00 EACH 2.00 EACH 2.00 EACH 2.00 EACH 1.00 EACH $328.000 $230.480 $9.950 $5.950 $60.000 $14.550 $656.00 $460.96 $19.90 $11.90 $120.00 $14.55 VENDOR COPY CONTINUED Crn·OF Coanrn:STATJON Humr •f fixaI A&M Unilit'f'Sity' City of College Station Accounting Division PO Box 9973 College Station, TX 77842-9973 (979) 764-3569 Fax: (979) 764-3899 VendorlnvoiceEntry@cstx.gov Purchase Order Fiscal Year 2016 Page 2 of 2 IC LOGIC INC USAT CORP. 104 S ESTES DRIVE CHAPEL HILL NC 27514 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. IC LOGIC INC. USAT CORP. PO BOX 9334 CHAPEL HILL NC 27515-9334 INFORMATION TECHNOLOGY SRVS PO Box 9960 310 Krenek Tap Rd College Station TX 77842 Buyer VENDOR COPY $2,903.29 2 903.29 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE GRANT APPLICATION FOR THE HOTSPOT TECHNOLOGY TO THE OFFICE OF THE GOVERNOR. WHEREAS, The City of College Station finds it in the best interest of the citizens of College Station, Texas that the Hotspot Technology Project be operated for 2016; and WHEREAS, The City of College Station agrees to provide applicable matching funds for the said project as required by the Homeland Security grant application; and WHEREAS, The City of College Station agrees that in the event of loss or misuse of the Office of the Governor funds, The City of College Station assures that the funds will be returned to the Office of the Governor in full; and WHEREAS, The City of College Station designates its Emergency Management Coordinator as the grantee’s authorized official. The authorized official is granted the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the Hotspot Technology Grant Application. PART 2: That the City Council hereby agrees to provide applicable matching funds for the said project if required by the Homeland Security grant application. PART 3: That the City Council hereby approves its Emergency Management Coordinator as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 9th day of June, 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:116-0298 Name:SH 6 Water Line Project Phase I and Phase II Status:Type:Contract Consent Agenda File created:In control:5/10/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion regarding approval of a Professional Services Contract (Contract No. 16300228) with Jones & Carter, Inc. in the amount of $177,000 for the design, bidding, and construction phase services for the State Highway 6 Water Line Project Phases I and II and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Sponsors:Donald Harmon Indexes: Code sections: Attachments:SH 6 Water Line Project Map.pdf State Hwy 6 Water Line Ph I II DRR (5-26-2016.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a Professional Services Contract (Contract No. 16300228) with Jones & Carter, Inc. in the amount of $177,000 for the design, bidding, and construction phase services for the State Highway 6 Water Line Project Phases I and II and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: The scope of this contract includes design, bidding, and construction phase services for the State Highway 6 Water Line Project Phases I and II. This project consists of the State Highway 6 Water Line Phase I Project and the State Highway 6 Water Line Phase II Project as identified in the Capital Budget. Phase I includes 2,200 linear feet of 24-inch water line along State Highway 6 from William D. Fitch Parkway to Venture Drive. Phase II includes 2,400 linear feet of 24- inch water line along State Highway 6 from Christ United Methodist Church to St. Joseph Urgent Care Center. Both water lines are included in the 2015 Water Master Plan and are needed to serve future development south of William D. Fitch Parkway. Jones & Carter was selected for this project as the most highly qualified firm as part of RFQ# 16-045. Budget &Financial Summary:Funds in the amount of $2,525,000 are budgeted for these projects in the Water Capital Improvement Projects Fund.The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt”is necessary for this item because the the long term debt has not yet been issued for the projects.The debt for the projects is scheduled to be issued later this fiscal year and next fiscal year. College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0298,Version:1 Attachments: 1.Contract - On file in the City Secretary’s Office 2.Project Location Maps 3.Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ SH 6 FRONTAGE 6 RD ARRINGTON RD LAKEWAY DR WILLIAM D FITCH PWONYXDRAGATE DROLD ARRINGTON RDONRAMP 6CREAGOR LNOFFRAMP6 VENTURE DRSAPPHIRE DRD EC ATU R DRPARKVIEW DRROCKY MEADOWS DR PRO CTWOOD L A NDRIDGEDR GR E E N S P R A IR IE R DW SPRING MEAD O WS D R SAPPHIRE CT R O C K Y V I S T A D R SPRING BRANCH DR HEATH DRWHISPERING CREEK DR WOODLAND HILLS BL DIAMOND CTSTONEY HILLS CTFRONTAGE 6 RD SH 6 ARRINGTON RDOFFRA M P 6 State Highway 6 Water Line PH I/II Project Project Map Plot Date: 5/2/2016 s08001,600400Feet Phase I Phase II Exhibit "A" The projects to be financed that are the subject of this Statement are: State Highway 6 Water Line Phases I and II Phase I includes the design and construction of a water line along State Highway 6 from William D. Fitch Parkway to Venture Drive. Phase II includes the design and construction of a water line along State Highway 6 from Christ United Methodist Church to St. Joseph Urgent Care Center. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0299 Name:Traffic Operations Renovation Status:Type:Contract Consent Agenda File created:In control:5/10/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on a Professional Services Contract (Contract No. 16300403) with Brown Reynolds Watford Architects in the amount of $52,120 for the professional services related to the design of the Traffic Operations Renovation (part of the ITS Master Plan Implementation project). Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a Professional Services Contract (Contract No. 16300403) with Brown Reynolds Watford Architects in the amount of $52,120 for the professional services related to the design of the Traffic Operations Renovation (part of the ITS Master Plan Implementation project). Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: In 2013, an Intelligent Transportation System (ITS) Master Plan was developed in order to provide an evaluation status of the Traffic Division with regard to the use of technology, identify the State of the Practice of technology, and how to move the Traffic Division forward. The plan identified many short comings and deficiencies such as signal controllers and central system software that are at the end of their useful lives. This project is part of the ITS Master Plan Implementation and includes the renovation of the existing Traffic Operations office and work space. The renovation will include a new control room, additional storage area, a new restroom, and rehabilitation of the existing second floor storage area. Budget & Financial Summary: A total of $5,425,000 is budgeted for the ITS Master Plan Implementation project in the Streets Capital Improvement Projects Fund. A total $360,000 of the ITS Master Plan Implementation budget is included for the renovations of the traffic operations office and work space. Attachments: 1.Contract No. 16300403 (on file with the City Secretary’s Office) 2.Project Location Map College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0299,Version:1 College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ KRENEKTAPRDDARTMOUTH ST TEXAS AV S HARVEYMITCHELLPW S TEXAS AV S TEXAS AV TEXAS AV WILLIAM KING COLE DR VALLEYVIEWDRASHFORD DRCAMP CTMORGANS LN Proje ct L oca tion . City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0300 Name:Traffic Signal Cabinets Status:Type:Contract Consent Agenda File created:In control:5/10/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion regarding the purchase of 10 traffic signal cabinets from Paradigm Traffic Systems Inc. for $90,980. These cabinets will replace TS-1 cabinets in the system in order to provide functionalities with the new Intelligent Transportation System. Sponsors:Donald Harmon Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the purchase of 10 traffic signal cabinets from Paradigm Traffic Systems Inc.for $90,980.These cabinets will replace TS-1 cabinets in the system in order to provide functionalities with the new Intelligent Transportation System. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approving the purchase of the traffic signal cabinets. Summary:These signal cabinets will replace TS-1 cabinets in the system that do not fully support the latest traffic technology.The cabinets are on BuyBoard Contract #432-13.These cabinets will be replaced by City Staff during late nights and early mornings to minimize disruption of traffic. Budget &Financial Summary:Funds are budgeted and available in the Streets Capital Improvement Projects Funds.This purchase is part of the ITS Master Plan with Certificates of Obligation in the amount of $4,500,000. Attachments: None College Station, TX Printed on 6/3/2016Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0307 Name:Impact Fee Semi-Annual Report Status:Type:Report Consent Agenda File created:In control:5/11/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on Semi-Annual Report for Impact Fees 92-01, 97-01, 97-02B, 99-01, and 03-02. Sponsors:Carol Cotter Indexes: Code sections: Attachments:Report Impact Fee Areas Map Land Use Maps Action ByDate Action ResultVer. Presentation,possible action,and discussion on Semi-Annual Report for Impact Fees 92-01,97-01, 97-02B, 99-01, and 03-02. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s):At their meeting on May 5th,the Planning and Zoning Commission,serving in their capacity as the Impact Fee Advisory Committee,unanimously recommended acceptance of the report. Staff also recommends Council acknowledge and accept the Semi-Annual Report. Summary:The attached Impact Fee Semi-Annual Report is provided to the City Council in accordance with the Texas Local Government Code Chapter 395.058.In short,the City of College Station currently has five impact fee areas where all associated utility construction is complete.All five of the impact fees were updated by Council in accordance with State Law in November of 2013. There have been no major changes in the impact fee programs since the recent update,so this report primarily documents the fees collected over the reporting period. Budget & Financial Summary: N/A Attachments: College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0307,Version:1 1.Impact Fee Semi-Annual Report 2.Fee Area Map 3.Land Use Map College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ 1101 Texas Avenue South, P.O. Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM DATE: May 11, 2016 TO: City Council FROM: Carol Cotter, P.E., Asst. City Engineer SUBJECT: Semi-Annual Report – Impact Fees 92-01, 97-01, 97-02B, 99-01, 03-02 The Local Government Code requires Semi-Annual Reporting in order to monitor the progress of impact fees and to determine when an update to the fee study is necessary. Additionally, the last Update was completed in November 2013. There have been no major changes in the impact fee programs since that update. The City of College Station Ordinance Chapter 15, Impact Fees, designates the Planning and Zoning Commission as the Advisory Committee for review, advisement, and monitoring of proposed and existing impact fees. More specifically, the Advisory Committee is established to: 1. Advise and assist the City in adopting Land Use assumptions. 2. Review the Capital Improvements Plan and file written comments. 3. Monitor and evaluate implementation of the Capital Improvements Plan. 4. File semi-annual reports with respect to the progress of the Capital Improvements Plan. 5. Advise the City Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan, and Impact Fees. Currently the City of College Station has five impact fees in existence of which all associated construction is complete. As noted, all five of the impact fees underwent a 5-Year Update in 2013 in accordance with State Law. The following is a current status report for each of the five impact fees. (To facilitate review, data from previous 6 months are presented in bold font.): 92-01 Sanitary Sewer ( Graham Road ) ( 508 ac. ) __ $339.63/LUE This fee was initially implemented in 1992 at $152.18 /LUE and was revised in 1996 to $289.77/LUE after approval of updated Land use Assumptions and Capital Improvements Plan (CIP), revised again to the $232.04/LUE in 2000, revised again to $316.07 in 2008, and to the current amount in November of 2013. The CIP consisted of three phases originally estimated at $543,000 which have all been completed at a combined cost of $473,518.72. Fees collected over the last reporting period are $0.00 for total amount of $324,292.38 (per Account #92509000 4560). The remaining amount eligible for collection is about $42,682. The total amount to be recovered through impact fees is anticipated at 77% of original construction cost. 97-01 Sanitary Sewer ( Spring Creek – Pebble Hills) ( 2000 ac.) $144.01/LUE This fee was implemented in December 1997 at $349.55/LUE, was revised to $98.39 in 2008, and was revised to the current amount in November of 2013.. The CIP consisted of Phase I (east of Hwy 6) and Phase II (west of Hwy 6). Phase I estimated to cost $1,000,000 was completed in 1999 at a cost of $631,214.59. Phase II was estimated to cost $1,350,000 and was completed at a cost of $813,752.00. The total actual cost was $1,444,966.59. Fees collected over the last reporting period are $17,569.15 for total amount of $672,674.99 (per Acct #92519000 4560). The remaining amount eligible for collection is about $753,467. The total amount to be recovered through impact fees is anticipated at 98% of original construction cost. 97-02B Sanitary Sewer ( Alum Creek – Nantucket) ( 608 ac. ) $44.71/LUE This fee was implemented in December 1997 at $243.38/LUE, was revised to $59.42 in 2008, and was revised to the current amount in November of 2013. The CIP consisted of running a 15" sanitary sewer line from the south end of the College Station Business Park westerly along Alum Creek to the east ROW of Highway 6. The project was estimated to cost $390,000 and was completed in 1999 at a cost of $214,270.87. Fees collected over the last reporting period are $223.55 for total amount of $25,814.04 (per Acct #92529000 4560). The remaining amount eligible for collection is about $100,130. The total amount to be recovered through impact fees is anticipated at 57% of original construction cost. 99-01 Water ( Harley )( 158 ac. ) $996.03/LUE This fee was implemented in April 1999 at $550.00/LUE, was revised to $769.91 in 2008, and was revised to the current amount in November of 2013. The CIP consisted of running an 18" water line south along the east ROW of Highway 6 approximately 4800'. The line was estimated to cost $312,000 (the impact fee is based on an 8" line @ $165,000). A 2400' section of the 18" line was constructed in 1999 from the south end at a total cost of $342,977.73. Fees collected over the last reporting period are $0.00 for total amount of $72,211.11 (per Acct #92409000 4560). The remaining amount eligible for collection is about $272,374. The total amount to be recovered through impact fees is anticipated at 99% of original construction cost. 03-02 Sanitary Sewer ( Steeplechase ) ( 715 ac. ) $144.87/LUE This fee was initially implemented in June 2003 at $300.00/LUE, was revised to $357.74 in 2009, and was revised to the current amount in November of 2013. This CIP was constructed in two phases of sanitary sewer line construction in compliance with the proposed construction in the original report establishing the fee. Phase one crossed Wellborn Road and terminated at Old Wellborn Road consisting of 2,347 linear feet of 18 inch sewer line with a construction cost of $296,642. Phase two was completed in 2006 and continued the line along Old Wellborn Road and terminated across RPR West. Phase two consisted of 6,281 linear feet of 12 inch line and 2,062 linear feet of 18 inch line for a construction cost of $529,088 and a land cost of $87,133. The design cost for the combined phases was $148,023. The total actual cost was $1,091,886 which was less than the original report estimated at $1,596,137. Fees collected over the last reporting period are $25,207.38 for total amount of $236,787.08 (per Acct #253-0000-287.51- 13). The remaining amount eligible for collection is about $836,683. The total amount to be recovered through impact fees is anticipated at 94% of original construction cost. Impact Fee Area Effective Buildout LUE Current Impact Fee Rate Amount Collected Remaining Capital Investment to Recoup 92-01 Graham 1710 $ 339.63 $324,292 $ 42,682 97-01 Spring Creek 8565 $ 144.01 $672,675 $753,467 97-02B Alum 2656 $ 44.71 $25,814 $100,130 99-01 Harley 396 $ 996.03 $72,211 $272,374 03-02 Steeplechase 7051 $ 144.87 $236,787 $836,683 Total $1,331,779 $2,005,336 Attachments: 1. Impact Fee Service Areas Map 2. Current Land Use Map per Impact Fee Area City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0311 Name:Employee Health Clinic Agreement Status:Type:Contract Consent Agenda File created:In control:5/13/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion to approve a contract between the City of College Station and CHI St. Joseph Health for the annual amount not to exceed $465,688.60 to provide Employee Health Clinic services and operations management. Sponsors:Alison Pond Indexes: Code sections: Attachments:College Station Employee Health Clinic-St.Joseph_5-26-16.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion to approve a contract between the City of College Station and CHI St. Joseph Health for the annual amount not to exceed $465,688.60 to provide Employee Health Clinic services and operations management. Relationship to Strategic Goals: ·Financially Sustainable City Recommendation(s): Staff recommends approval of the contract as described. Summary:In June 2015,the City of College Station solicited proposals from firms to provide Employee Health Clinic Operations and Management Services for City of College Station employees, retirees,and employee dependents ages five and older,who are enrolled in the City’s self-funded group health insurance plan.The City received proposals from five (5)health care companies.A review panel comprised of Human Resources and Risk Management staff,the City Manager’s Office, and an outside consultant recommended by the City’s Benefits Broker, interviewed three firms. The review panel completed a scoring matrix and recommended CHI St.Joseph Health as the most responsive proposer to provide non-emergency health and occupational medicine services.The proposed contract with CHI St.Joseph is a three-year agreement with one additional three-year renewal term by mutual agreement of the parties at least sixty days before the Agreement’s expiration.The annual not-to-exceed amount of $465,688.60 includes all costs for facilities, personnel, equipment and supplies. Reviewed and Approved by Legal: Yes. Budget & Financial Summary: Funds are available and budgeted in the Employee Group Insurance College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0311,Version:1 and Workers’ Compensation Fund. $550,000 was budgeted in the Employee Benefits Fund for the first year cost of the health clinic. Attachments: - Employee Health Clinic Agreement with CHI St. Joseph College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ EMPLOYEE HEALIB CLINIC AGREEMENT This Employee Health Clinic Agreement ("Clinic Agreement" or "Agreement") is by and between CHI St. Joseph Health, a Texas non-profit corporation ("St. Joseph" or "Provider"), and the City of Coll ege Station, a Texas Home-Rule Municipal Corporation ("City"). RECITALS WHEREAS, the City desires to enter into an Agreement with St. Joseph to provide certain a d ministrative and clinical services, clin ic facilities , and personnel to accomplish City's objectives of estab lishing an E mployee Health Clinic ("Clinic") for treating the non-urgent health care needs of City employees, retirees and dependents' enroll ed in the C ity's Group Health Insurance Plan ("GHIP"), and WHEREAS, St. Joseph desires to enter into an Agreement with the City to provide such administrative and clinical services,c linic fac i lities, and personnel, and WHEREAS, St. Joseph believes enteri n g into t h is Agreement wi ll further the tax-exempt purpose of St. Joseph by promoting health and supporting and improving the availabi lity of health services for residents of St. Joseph's community; NOW THEREFORE, in consideration of the mutual promises and covenants co ntained herein , City and St. Joseph agree as follows: AGREEMENT 1. Services to be Provided by St. Joseph. St. Joseph agrees to provide the following services on the terms and conditions contained herein. (a) St. Joseph Clinic Admin istrator. St. Joseph will prov ide a St. Joseph Clinic Administrator to prov ide management services and administrative direction for the Clinic according to the follow ing terms. The Clinic Administrator res pon s ibilities s hall include , but are not limited to: 1. Oversight of personnel recruitment and management, maintenance of adequate Clinic staffing, records management and accounting ii. Management of Clin ic assets, supervision of St. Joseph operations, coordination of the St. Joseph medical staff, and Clinic facil ities 111. Development of proposed annual budget 1v. Coordinate monthly phys ician review of no less than ten (10) percent of all patient charts v. Other activities as determined by St. Joseph to operate Clinic efficiently Employee Health Clinic Contract No. 16300427 Page I (b) City s hall provide St. Joseph written notice of any deficiencies or dissatisfaction relating to the C lini c services or the Clin ic operations.S t. Joseph shall have thirty (30) days from the date of such notice to address such deficiencies or dissatisfaction to the City's reasonable satisfaction. If the deficiencies or dissatisfaction s are not cured to the reasonable satisfaction of City after such thirty (30)-day period, St. Jo seph and the City shall work cooperatively to cure such deficiencies or, upon mutual agreement of the parties, to replace the C l inic Administrator or medical provider. (c) Management Services. i. St. Joseph will be the so le and exclusive administrator of all day-to-day Clinic business functions. St. Joseph will provide all management and adm ini strative services reasonably required by the City in connection with the provis ion of Clinic services and Clin ic operations. 11. St. Joseph may enter into arrangements with vendors, contractors and suppliers as St. J oseph reasonably deems necessary to provide the servi ces contemplated in this Agreement. (d) Administrative Personnel. St. Joseph will retain and provide certai n administrative personnel necessary for the conduct of the medical operations, s uch as accounting, invoicing, reportin g and C lin ic support. St. Joseph will determine and pay salaries and fringe benefits, and will provide a ll other personnel and human resource serv ices. St. Joseph retains the right to recruit, hire, train, discipline and termi nate a ny and all Administrative Personnel. (e) Scope of Services. During the term of this Agreement and as may be requested by C ity from time to time, St. Joseph shall provide th e services set forth on Exhibit "A" "Scope of Services" attached hereto and incorporated here in . At any time, City may ask St. Joseph to provide a service not li sted on Exhibit "A";prov ided the terms of providing any additional services shall be mutually agreed upon in advance and in writing by the part ies as an amendment to this Agreement. St. Joseph, at its discretion , shall have the right to decline the invitation to provide any such additional services. (f) Staffing. St. Joseph will provide a ll medical professional staffing of Health care Personnel to Clinic und er this Agreement sufficient to perform the outpatient Medical Services and day-to-day management and supervision of th e Clinic. The Clinic shall be limited to non- urgent healthcare visits by current City e mpl oyees, retirees, and dependents age five (5) and older currently enrolled in the City's GHIP. (g) Po licies. St. Joseph shall provide the C ity w ith operations,prot ocols, and policies describing how St. Joseph will address staffing needs and related policies regarding the operation of the Clinic. 2. Licens ure and Certification. St. Joseph shall ensure each medical provider performing services under this Agreement meets all requirements set fo rth below, and St. Joseph hereby represents and warrants each medical provider is and during the Term shall: Employee Health Clin ic Contract No. 16300427 Page 2 (a) be duly licensed and in good stand ing under the laws of the State of Texas to engage in the unrestricted practice of medicine (b) have all customa ry state and federal narcotics and controlled substa nces numbers and l icenses, w ithout restriction or s ubject to any d isciplinary o r corrective action (c) be a member in good stand ing of the St. Joseph Med ical or Allied Health Staff with privileges to perform all services as required by this Agreement, and pursuant to the St. Joseph Medica l Staff bylaws in effect as of the date of th is Agreement and as they may be modified from time to time (d) be certified or e l igible fo r certification by the applicable state board (e) be qua l ified and el igible a t all times to provide services to beneficiaries as a parti c ipating medical provider under the Medicare and Medicaid programs (t) be el igib le to participate in Medicare, Medicaid, CHAMPUS, Tri-Care, and other federal healthcare programs, and w ill not have been, and duri ng the term of thi s Agreement, wil I not be, sanctioned by the Health and H uman Services Office of the Inspector General or the General Serv ices Admi nistration (g) carry out his or her responsibil ities un der this Agreement in a professional, ethical, and diligent manner to serve the best inte rests of the City, its employees, retirees and dependents age five (5) and older enrolled in the City's GHIP (h) render professional services in co mpliance w ith the applicable terms and standards of this Agreement. 3 . R eco rds & R eco rdkeepin g. St. Joseph shall maintain , in accordance with St. Joseph 's policies, a standard medica l re cord for each patient treated by St. Joseph pursuant to this Agreement, contain ing such information and preserved for s uch time pe riod as may be required by St. Joseph and by law. St. Joseph shall have custody of and shall be the sole owner of all medical record s concerning all patients treated pursuant to th is Agreement. City shall have no ri ght of access or possession to any medica l record generated in accordance with services provided hereunder. 4 . Co mplian ce with Law. St. Joseph will perform a ll obligations under this Agreement in compliance in a ll material respects with app l icab le federa l, state, and local laws and regulati o ns. 5. Indepen de nt Profession al Judgment. Medical Providers provid ing Medical Services hereunder retain their independ ent professional medi cal judgment in the provision of such services. Neither St. Joseph nor the City shall direct or control any med ical Provider's professional or medical judgment in matters involv in g patient care or treatment. Employee Health Clinic Contract No. 16300427 Page 3 l 6. S ch eduling & Staffing. The Provider s hall prov ide serv ices at the Cl inic during normal business ho urs of Monday through Friday, 7:30 a.m. to 11 :30 a.m. a nd 12:30 p.m. to 4:30 p.m . Variati o ns of these h ours may be cons idered as agreed upon by the Provid e r and the City. Hours may be extended based o n demand , demonstrated success in meeting the City's expectatio ns, a nd quality of care. Any costs associated with a dditi o nal hours, which exceed the budgeted amou nt specified within this Agreement, must be a pproved in writ in g by the City. The Provid e r and its staff w ill use its best effort to see all pat ie nts w ith sc hed ul ed appointments wi th in twenty (20) minutes of thei r arrival time to the Clinic. The Provider shall notify the City immed iately should the Clinic be closed for any reason in order for the information to be properl y co mmunicated to City employees. In the event of clini cian absence at the C l inic, the Provider wi ll attempt to provide coverage by utili z in g th e ir provider pool. If Prov id e r is unable to provide coverage within the City of Coll ege Station Employee Health Clinic, pre-booked appointments for ro utine fo ll ow-up care may be reschedule d while acut e care wi ll be prov ided at the St. Joseph Express Care-Coll ege Station. Provid e r agrees to waive the pati ent's copayment and be responsib le fo r professional fees as well as lab fee s associated w ith Point of Care T esting at thi s designated facility. 7 . Compensation (or Services. The City agrees to pay St. Joseph up to the following annua l not to exceed amount as compensat ion for the services provided und er thi s Agree ment and as re imbursement of all actua l costs and expe nses in c urred by St. Joseph under this Agreement. Except in the event of a duly a uth orized c h ange order or modification approved by the City in w riting, as provid ed in thi s Agreement, and in cons id erati o n of St. Joseph providi ng all services in con formity with th is Agreement, th e C ity s hall pay St. Joseph a n annual amount not to exceed FOUR HUNDRED SIXTY-FIVE THOUSAND SIX HUNDRED EIGHTY-EIGHT AND 60/l 00 Dollars ($465 ,688.60). (a) C osts a nd Expe nses of Services. St. Joseph will su bmi t the mo nthl y invoice to the City for a ll professional heal th services provided durin g th e preced in g month by the fifteenth (I 51h) o f th e fo ll owing calendar month . S uch invoi ce shall in c lu de a ll rece ip ts, third-party invoices, and actua l costs in curred by Provider for provid in g the serv ices, includi ng, but not limited to, a ll costs for C li nic space, maintenance, equipment, s upplies, or third pa rty serv ices as well as salary and benefits for pe rsonnel in re la t io n to the provis ion of services p lu s an ad mini strat ive overhead amoun t eq ua l to nine point s ix percent (9.6%) of th e total invoiced cost fo r the first year of this Agreeme nt for initia l c lini c setup and initialization. For the second and subsequent years of this Agreement, the parties mutually agr ee to negotiate, in good fait h , a reduction of the admin istrative overhead amount due to anti cipated clinic efficiencies and economies of scale. (b) Reimbursement for Trainin g. The City w ill reimburse costs associated with th e med ical provider maintain in g appropriate credentials, including trave l expenses up to $1 ,000 .00 annually, if th e Ci ty d eems the train ing or ed ucation will specifi call y benefit the Cl ini c. Any such expense to be paid by the City sh ould be approved in advance by th e City Manager, o r designee, in writing. (c) Staff In creases . In the event C lini c staffi ng needs increase, the parties s hall meet in good fa ith w ithin thirty (30) days to adjust sta ffing need s. Such adjusted staffing needs may be a permanent o r temporary response. T he City and St. J oseph wi ll determine appropri ate increased compensat ion for any ad di tional staffi ng used in the provi s io ns of services h ereunder. Employee Health Clinic Contract No. 16300427 Page 4 8. Clinic Space. (a) Clinic Space. St. Joseph will be responsible for providing adequate Clinic space for the services rendered pu rs uant to this Agreement. St. Joseph s hall maintain such site in good order and in compliance with a ll applicable codes and ordinances of the C ity of College Station as well as all state and federa l rules, regulat io ns and la ws. Th e provisions in th is section do not create a landlord/tenant relationship and the C ity is not a party, in an y capacity, to existing or future prime lease(s) that may cover the C linic space property. (b) Base Rate Pa yment. The C ity agrees to pay St. Joseph , as part of the month ly invoice s ubmitted to the City by St. Joseph, the fo ll owin g pass-through base amounts. The base amount is calcu lated using the initial 1,5 15 square feet of utili zed Clinic s pace, in Su ite 100 of the building commonl y referred to as th e "Creeksid e Bui lding'', located at 2803 Earl Rudder Freeway, in College Station, Texas, for the fo ll owing periods of time, so long as this Clinic Agreement remains in full force and effect: PERIOD Base Rate Per Monthly Base Annual Base Payment Square Foot Payment Months 1-12 $22.67 $2,862.09 $34,3 45.05 Months 13-24 $22.89 $2,889 .86 $34,678.35 Months 25 -36 $23.12 $2,9 18 .90 $35,026.80 Months 37-48 $23.35 $2,947.94 $35 ,3 75.25 Months 49-60 $23 .59 $2,978.24 $35 ,738.85 Months 61-72 $23.82 $3,007.28 $36,087.30 Months 73-84 $24.06 $3,037.58 $36,450.90 (c) Cl ini c Space Coterminous with Cl ini c Agreement. The parties agree that the City's obligations to pay s uch d escribed a mo unts for Cl ini c space sha ll be coterminous with this Clinic Agreement. The City shall pay the base rate through the end of the month in which th is C lini c Agreement exp ires o r terminates. 9. R esponsibilities of Citv. (a) City Liai son. C ity shall ap point a qualified individual employed by the City to coord in a te City's activ ities related to Cl in ic operatio ns w ith th e St. Joseph C lini c Administrator. Responsibilities include, but are not limited to , review of services, employee complaints related to serv ices, occupationa l med ic ine and workers ' compensation activ iti es, bill review and cost containme nt. The Liaison will be the primary con tact between St. J oseph and the City for a ll qu estions re lated to C linic operat ions. (b) Employee and Dependent El igibility. C ity acknowledges St. Joseph is relying upon employees' proof of eligib il ity using a valid City GHTP identification card, or as otherwise deemed e lig ibl e by City in writing, to receive serv ices at the C lin ic. C ity shall not deny payment for servi ces rendered to an y individual to whom St. Joseph provided servi ces hereunder in good fait h and re li ance on valid empl oyee identifi cation. The City shall not be responsible fo r payment for Employee Health Clinic Contract No. 16300427 Page S medical serv ices d e li vered to non-eligible employees, re tirees and dependents who fail to present a C ity GHIP identification card . 10. Marketing. (a) City will engage in marketing and advertising efforts design ed to encourage uti li zation of the Clinic for non-urgent healthcare services by e li g ible C ity GHIP-enrolled e mployees, retirees and dependents age five (5) and o ld er. (b) St. Joseph shall provide a welcome packet to enrolled City employees with contact nu mbers for a pp o intments, hours of operation, el igibility requ irements, and other detai ls. (c) S t. Joseph shall stru cture the planning and design of the C lini c with input from the City to encou rage utilization of the C linic by eligib le G HIP-enrolled employees, retirees and dependents. ( d) E ither party has the ri g ht to publicize the nature and existence of this Agreement including the use of the name o f the other party; however, both parties agre e they may not use the name of the o th er for any purpose other than those intended by th is Agreement without the express written consent of the other party. 11. Non -Exclusivitv. This Agreement is no n-exclu sive. Both parties retain authority to do business with any other party or part ies for whatever purpose the parties deem necessary. 12. Term and Termination. Unless terminated as provided herein , this Agreement sha ll be effective as of the date of th e last sig nature that makes the Agreement fully executed, a nd s hall continu e fo r a period of three (3) years. The Agreement may be renewed for one (I) a dditi o nal three (3) year term by mutual written agreement of the parties at least sixty (60) days before the Agreement 's expirat ion. St. Joseph and the City shall meet to review th is Agreement for potential renewal at least ninety (90) days before the Agreement's exp iration. This Agreement may be terminated as fo ll ows: (a) Termination by City. T he City, besides all other rights or remedies it may have, s hall have the right to terminate th is Agreement with or without cause upo n ninety (90) days' written notice from the C ity Manager to Provider of the C ity's election to do so. Upon delivery of any notice of term inatio n requ ired herein , Provide r sha ll discontinu e a ll serv ices in connection w ith the performance of the Agreement. Within ninety (90) days after receipt of the notice of term inati on, Provider shall s u bm it a final statement showing in detai l the services satisfactoril y performed and accepted and a ll other appropriate documentati o n required herein for payment of serv ices. If this Agre ement is term inated for cause, Prov id er shall be liable for any damage to the City resulting th e re from. This li abi lity in cludes any actual, direct a nd reaso nable damages incurred by the C ity in completin g Provider's work and subject to the City's ri g ht to miti gate it s damages. The rights a nd remedies of the C ity in th is secti o n are in addit ion to any other ri ghts and remedies provided by law o r under this Agreement. Employee Health Clinic Contract No. 16300427 Page 6 (b) Termination by Provider. This Agreement s hall terminate upon cessat ion of all c linical serv ices of Provider; provid e d Provider g ives at least nin ety (90) days' pri o r written notice. Within ten (I 0) days after th e termination of thi s Agreement purs uant to this sectio n, Provider shall submit a fina l statement s howing in detail the serv ices sat isfactoril y performed and accepted and a ll other appropriate docum entation required herein for payment of services. (c) Non-Appropriation of Funds. ff the City's c ity counci l does not appropr iate funds to make any payment for a fisca l year after the C ity's fiscal year in wh ich the Agreement becomes effective and th ere are no proceeds availabl e fo r paym en t from th e sale of bonds o r other debt in struments, then th e Agreement automaticall y terminates a t th e beginning of the first day of the successive fisc al year. (Section 5, Article XI, Texas Constitution). T he City shall provide St. Joseph with at least thirty (30) days' prior written notification that funds a re insuffi c ient to meet the terms of thi s Agreeme nt. It is und e rstood and agreed the City shall hav e the right to term inate the Agreement at the e nd of any C ity fi scal year if the governin g body o f the Ci ty does not approp ri ate funds s uffic ient to continue th e Agreement, as determined by the C ity's budget for the fi sca l yea r in questio n . T he C ity may execute such termi nation by g iving St. Joseph a written not ice of termination at least th irty (30) days prior to the e nd of its then current fisca l year. (d) Effect ofTermination. Upon terminati o n o f thi s Agreement, th e rights of the parties h e reunder s hall term inate; however, s uch action shall not relieve either party of obligations im posed with respect to serv ices furn ishe d prior to such termin ation. 13. No Property Ownership. (a) All assets of C ity of w hatever nature o r type a re a nd shall remain its so le and exclusive property. All debts, obli gations and other liabilities o f City of w hatever nature and ty pe are and shall rema in its sole and exclusive obl igati on. St. Joseph does not intend to take ownership of any property nor undertake any ob li gations of City. (b) All assets o f St. Joseph of whatever natu re or type are and sha ll remain its sole and exclusive property. All d ebts, ob li gatio ns and o ther l iabilities of S t. Jo seph of whatever nature or type are a nd shall re main its sole a nd exclu sive obligatio n. City does not intend to take ownership of any pro perty no r undertake a ny obl igat io ns of St. Joseph. 14. No Contractual Obligation s. This Agreement does no t abrogate any res ponsibilities und ertaken by th e respective parties regard ing agreements o r contracts now existing and in no way limits th e ri ght of e ither party to e nt er into other contracts or agreeme nts in the future. Neithe r party assumes any debt, o bligat io n o r liab ili ty of the othe r und er s uch agreements. 15. No Obligation to Refer. Nothi ng in thi s Agree men t shall be construed to require the part ies to make referrals o f patie nts to one another. No payment is made under th is Agreement in return for the referral of patie nts o r in return for th e ord ering, purchas in g or le asin g of products or services from eith er party. Employee Heal th Clinic Contract No. 16300427 Page 7 16. Warranty, /11demnificatio 11, & Release. (a) As an experienced and qual ified health profess ional, the Provider warrants the services provided by the Provider reflects high professional and industry standards, procedures, and performances. The Provider warrants the selection of s upplies and eq uipment, the selection and supervis ion of personne l, and the performance of other serv ices under this Agreement, is pursuant to a hi gh standard o f performance in the profession. The Provider warra nts that the Provider will exerc ise diligence and due care and pe rform in a goo d and workmanlike mann er all of th e services purs uant to thi s Agreement. Approva l o f the C ity s hall not constitute, o r be deemed, a release of the responsibility and liability of th e Provider, its em ployees, agents, or assoc ia tes for the exercise of skill and diligence to pro mote the accuracy a nd competency of their information or any d ocuments, no r s hall the C ity's approval be deemed to be th e assumpti o n of respo ns ibili ty by the City fo r any defect or error in the aforesaid documents prepared by the Provider, its em pl oyees, associates, or agents. (b) The Provide r s hall pro mptly correct any d e fe ctive document furni shed by the Provid er a t no cost to the City. The C it y's approval , accepta nce, use of, o r payment fo r, all or any part of th e serv ices he reunder shall in no way a lte r the Provider's o bli gations o r the C ity's rights h ereunde r. (c) T he Provider must at a ll ti mes exercise reasonable precautions on behalf of, a nd be sole ly respo nsib le fo r, the safety of its officers, employees, agents, l icensees, and other person s, as well as their personal property, while performin g health servi ces for the C ity. It is expressly understood and agreed the C ity shall not be liable o r re s pon s ible fo r th e negl igence of the Provider, its officers, em pl oyees, agents, invitees, li censees, and other persons. (d) Indemnity. To the fullest extent permitted by law, Provider fully indemnifies and holds harmless the City, and its members, officers, agents and employees from any and all liabilities , damages, los ses and costs, including but not limited to , reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or wrongful conduct of the Provider in the performance of the Agreement. The City reserves the right, at its option , to participate in the defense of any suit, without relieving the Provider of any of its obligations hereunder. The obligations of this clause will survive the termination of this Agreement and will not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. If this clause is found to conflict in any way with Texas law, the clause will be considered modified by such laws , to the extent necessary to remed y the conflict. (e) Release. The Provider releases, relinquishes, and discharges the City, its members, officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to , sickness or death of the Provider or its employees and any loss of or damage to any property of the Provider or its employees that is caused by or alleged to be caused by , arises out of, or is in connection with the Provider's negligent performance of the work. Both the City and the Provider expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by ins urance. Employee Health Clinic Contract N o. 16300427 Page 8 (f) The Provide r and its em pl oyees shall not be financially interested directly or indirectly in any equ ipm e nt or supp ly contract result in g from the professiona l services prov id ed he rein. (g) No Waiver. By ente ring into this Agreement, C ity docs not co nsent t o s uit, waive its governmental immunity or the limitations as to damages contained in the Texas Tort Claims Act. 17. Insurance. S t. Jose ph shall procure an d mainta in , at it s sole cos t and expense for the durat io n of this Agreement, appropriate in s urance again st c lai m s pertain ing to the o peration o f a medi cal faci li ty, in accordance with indu stry standards, a nd insurance against clai ms for injuries to persons o r damages to property that may arise fro m or in connection with the per fo rman ce of serv ices by St. J oseph, it s officers, agents, vo lunteers and employees. Such in surance requirements m ay be met by a combinatio n of self-in s urance and excess or umbrella policies. Min imum limits of li ability a nd in surance requirements are attached as Exhibit "F". Certificates o f in suranc e issued on th e most current State of T exas Department of In surance- approved fo rms ev idencing the required in surance pol ic ies are attache d in Exhibit "G". 18. Notice. Noti ces require d to be or o th erw ise wh ich are in writ in g shall be deemed d uly serv ed when personall y received by o ne of the parties as set forth below, or in lieu of s uch pe rsonal service, when deposited in the United States mail , certified, postage prepaid, addressed to s uch party at th e following addresses: If sent to St.Joseph, to: CHI St. Joseph H ealth Attn: Vice President Ph ysician Exterpr ises 280 I Franc iscan D ri ve Bryan, TX 77802 If se nt to C ity, to: City of Co llege Statio n Huma n R esources D epartm e nt P.O. Box 9960 College Stati on, T X 77842 With Copy to: City of College Station City Attorney's Office P.O. Box 9960 College Station , TX 77842 19. General Provisions. In its pe r formance under thi s Agreement, th e parties agree to the follow in g gene ra l provi s io ns. (a) Compliance w ith CHl Stand ard s of Conduct. St. Joseph shall comply with the Catholi c Hea lth Initi ati ves ("CHI ") Sta ndards o f Co ndu c t as set forth in the Our Values & Eth ics at W o rk Reference Guide, avai lable at http://www.cathol ic health ini tiat ives.org/corporate- responsib ili ty. (b) Ethical and Re ligiou s Directives. St. Jose ph s ha ll comply with th e United States Conferen ce o f Catholic Bishops' Ethical and Religious Directives for Catholic Health Care Servi ces, available at http://www.usccb.org/. Employee Health Clinic Contract No. 16300427 Page 9 (c) Legal Compliance. St. Joseph and City shall com ply with all applicable laws, rules, and regulation s. (d) Access to Records. If required by 42 U.S.C. § 1395x(v)(l)(T), until the expiration of fou r (4) years after the termi n ation of thi s Agreement, St. Joseph shall make available, upon wri tten request by the Secretary of the Department of Health and H uman Services, or upon request by the Comptroll er General of the United States General Accountin g Office, or any of their du ly authorized represen tatives, a copy of this Agreement and su ch books, documents, a nd records as are necessary to certify the nature and extent of the costs of the serv ices p rovided by St. Joseph under th is Agreement. If St. Joseph carries out any of its duties under th is Agreement through a s ubcontract with a value or cost of $10,000 or more over a twelve ( 12) month period, s uch subcontract shall contain the same requirements. (e) No Debarment. City warrants that neither it nor its principa ls or employees are, or have been, debarred, su spended, proposed for debarment, declared in eligible, or voluntarily excluded fro m participation in any federa ll y funded program ("Debarment"). City shall immediately notify St. Joseph of any threaten ed o r actua l Debarment. I f City is so debarred , suspended, o r exclu ded, this Agreement sha ll immediately and a utomaticall y terminate. (f) Jeopardy. If the con ti nued performance of this Agreement jeopardizes St. Joseph's or any of its affiliated entities' (i) licensure, (ii) parti c ipatio n in o r recovery from any reimbursemen t or payment programs, (iii) accreditation status, or (iv) tax exempt or bond finan c ing status, St. Joseph s hall notify City so the parties may resolve the issues. lfno resolution is reached w ithin fifteen ( 15) days, St. Joseph may terminate this Agreement immediately a nd w ithout penalty. (g) Equal Employment Opportunity. St. Joseph is an Eq ual Employment Opportunity and Affirmative Action employer. As such , 4 1 CFR 60-l .4(a), 41 CFR 60-300.5 , 41 CFR 60-741.5 as well as 29 CFR Part 471, Appendix A to Subpart A are h erein incorporated by reference. By acceptance of this Agreement, City represents and warrants that un less exempted under the terms of these applicable laws, it will comply with the foregoing statutes, rules and regul at ions and al l amendments thereto. To the extent applicab le , St. Joseph and City shall abide by the requirem e nts of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulati ons prohibit discriminat ion again st qual i fied individuals based on their status as protected veterans o r individuals with disabilities, and p roh ibit d iscrimination against a ll ind ivid uals based on their race, color, religion, sex, or nati onal o ri gin . Moreover, these regulation s require that covered prime contractors and subcontractors take affirmative action to em ploy and advance in employment individuals without regard to race, colo r, relig ion, sex, nati o nal orig in , protected veteran status or disability. (h) Venue. This Agreement has been made under and shall be govern ed by the laws of the State of Texas. The parties agree that venue, performance, and all matters related thereto shall be in Brazos County, Texas. 20. E ntire Agreement. This Agreement, together with any exhib its or attachm ents, constitutes the entire understand in g between St. Joseph and C ity and all prior negotiations of the parti es have b een merged into this Agreement. There are no understandings, representations, or agreements e ither oral or written other than those set forth herein and all prior management Employee Health Clinic Contract No. 16300427 Page JO agreements are express ly terminated as of the effective date of this Agreement. No amendme nt, waiver, change, m o dification , o r termination of any of th e terms, provi s io ns or conditions of th is Agreement shall be effective unless made in writing and s ig ned o r initialed by both parties. Waiver of any provi s ion of this Agreement sha ll not be deemed a wa iver of future co mpli ance therewith a nd s uch provisi o ns s hall re main in full force and effect. The s ig ning of this Agreement s ha ll terminate any other management agreement between th e parti es concerning the s ubject matter co ntained he rein. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of wh ic h shall be deeme d an o riginal, but a ll s uch cou nterparts together shall constitute one and the same instrument. 22. Status of Parties. (a) It is mutuall y understood and agreed that in the performance of the services un der thi s Agreement , St. Joseph a nd St. Joseph personn e l are at a ll times actin g as inde pend ent contracto rs of the C ity. It is express ly agreed and understood that neither St. Joseph nor its personnel shall fo r a ny purpose be deemed to be or sha ll be represented to be an employee, agent , ostensible o r a pp arent agent, serv ant, partner or joint venture of the C ity. St. J oseph s hall be so le ly respo nsi ble for d etermin ing th e manne r in wh ich S t. Joseph's services a re prov id ed a nd ensuring that such serv ices a re re nd ered in a manner cons istent with th e goa ls and objectives referenced in th is Agreement, a nd that th e sole in terest of City is that the se rvices under thi s Agreement are performed a nd rende red in a competent, efficient, no n-di scrimin atory, a nd satis fa ctory manner in accord ance w ith community medical standard s and appli cab le accred itat ion standards. It is express ly agreed by the parti es hereto that no work, act, com mi ssion o r o mi ssion of St. J oseph o r St. Joseph personnel s hall be construed to mak e or render S t. Joseph th e agent, employee or servant o f the City. (b) At all times during the te rm of thi s Agreement, St. Joseph a nd St. Joseph personn e l wi ll adhere to appropriate safety standards re lated to the activities performed on behal f of C ity. Further, St. Joseph a nd St. Josep h perso nn e l und e rstand the ri s ks assoc iated with the act ivi ti es to be provided under thi s Agreeme nt a nd agree that a n y injuries any St. Joseph personnel may susta in wh ile per for ming th ose activit ies wi ll be St. Joseph 's so le responsib ility. St. J oseph will be re s ponsible for full payment of an y med ical bill s or ho s pital bill s related to injuri es a ny St. J oseph personn e l may sustain wh ile perform in g these activitie s, if applicable. C ity wi ll not reimburse St. Joseph fo r any medical bill s o r hospita l bills related to injuries arisi ng from Clinic services, nor w ill City pay any costs associate d with workers' compensation, disabi li ty, unemp loyment , or other in s urance or claim . (c) St. Joseph and St. Joseph personne l acknowledge th at perso nn e l prov idin g services he re unde r s hall exe rc ise thei r own independent profess io nal medi cal judgment in the provi s io n of s uc h serv ices. City s hall not direct or contro l any St. Joseph pe rsonnel's professiona l or medical judgment in matte rs involv in g patie nt care or treatment. ( d ) The parties agree to take a ny and a ll actio n as may be reasonably requ ested by either party to inform the publ ic, City em pl oyees, retirees a nd depende nts uti liz in g the C linic, of the independ e nt contractor nature of th e ir relati o ns hip. Employee Health Clinic Contract No. 16300427 Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed by its duly authorized officer. cm ST. JOSEPH HEALTH By.~~ Print~~~--Title:~/.::J~tr: Ct Date: $""'-&-16 List of Exhibits: Exhibit A -Scope of Services Exhibit B -Clinic Not to Exceed Amounts Exhibit C -Occupational Med Services Exhibit D -Staffing Exhibit E -Monthly Clinic Reports Exhibit F -Insurance Requirements Exhibit G -Certificates oflnsurance Employee Health Clinic Contract No. 16300427 CITY OF COLLEGE STATION By: __________ _ City Manager Date: ------- APPROVED: \1lk-400A Assistant City Manager/CFO Date: ----- Page 12 EXHIBIT A SCOPE O F SERVICES Clinical Scope of Services St. Jo seph will provide: The C lin ical Scope of Services offered by St. Joseph at the Clinic shall in clude, but is not limited to, the followi ng ou tp atient Clinic services: Dermatology: • Minor celluliti s •Linear laceration < 4cm to the face & <Burn to extremity • 1 "1 degree burns • Animal bites, no debridement • Puncture wounds to extremities • Minor contusion s and abrasions • Skin rashes • Allergi c reactions without sh ortness of breath • Uncomplicated abscess •Impetigo • Di aper rash • Chicken pox • Suture removal • Wound checks • D ressing changes • In sect bites Gastrointestinal: • Constipation • Diarrhea w ith normal vital signs •Vom iting w ith normal vita l s ig n s, without abdominal pain • Persistent vomiting or diarrh ea Genitourinary: • D ysuri a •U rethral discharge in males • Vagi n a l d ischarge without pelvic pain Head, eye, ear, neck and throat issues: •Earaches • Toothaches • Sore th roats w ith fever • Conj un ctivitis • Acute sinusitis • Unresolved ep istaxi s without hypertension • Corneal abrasions Employee Heallh Clinic Contract No. 16300427 Pa ge 13 • Sub conjunctiva! hemorrhages • Fore ign body to ear, cornea or nose •Sty Musculoskele tal: • Back pain without focal ne urolog ical deficit • Extremity injury without obviou s deformity Neu rological: • Chronic recurrent m igra in e Ped iatric: • Age 5 a nd over w ith fever o r hi st o ry of fever > I 00.4 to Emergency Services • Ages 5 and over a nd non -toxic appear ing • Rash, feed in g problems, congestion, constipation or conjunctivitis Respi rator y: • Cough without s igns of CHF or severe CO PO/asthma •Cold/flu sym p toms •Resp iratory rate <30 {<45 in peds) & 02 sat >95°/o • Chest pain, p leur itic, non-cardiac • Acute bron chitis Occupational Medicine Services: • Subungual hematoma •Drug screens (DOT and non -DOT) • Breath A lcohol testin g (D OT an d non-DOT) • Return to work releases •l mmu nizations (Hepatitis A, Hepat itis B, T B Screening (PPD), Tetanu s/dipht h eria and Fl u S h ots) • B lood borne path ogen and com m un icab le disease exposures • Rabi es exposure or fo ll ow-up imm uni zat ions •EKG • Spirometry • Pre-employmen t and Fit for D uty Physicals • Vision tests • Hearing tests Workers' Compensation Services: • St. Joseph s ha ll adhere to all laws and statutes related to the Texas Workers ' Compensation In s u rance Program promulgated by t he Texas Department of Insu rance Division of Workers' Com pensation. • St. Joseph shall com p ly with t h e Official Di sabil ity Guidelines (ODG) adopted by t he Texas Legislature in 2006 (House B ill 7), for th e treatment of any covered work-related injuries. Employee Health Clinic Contract No. 16300427 Page 14 • The City provides a robust return-to-work program for employees wit h cove red compe nsable work-related injuries. St. Joseph sha ll cooperate with the City to en sure injured employees are able to return to so me level of activity during their recovery until they are ab le to return to full duty. T he following services will be evaluated for a higher lev e l of care at the Clinic, and may be directed or referred to another healt hcare provider. Cardiac: • Cardiac symptoms Gastrointestinal: • Abdominal pain if any abnormal vital signs Genitourinary: • Scrotal swe ll ing or injury • Catheterizations for other than urinalysis or C&S • Acute urin ary retention Head , eye , ear, nose, and throat: • Visual disturbances •Chemical burns Musculoskeletal: • Significant trauma to back •Neck pain -pos t-M oto r Vehicle Accident • Obvious deformity of extremity •Penetrating deep lacerations with possible tend on or nerve involvement •Ejection from vehi cle or from livestock • Fall greater than one ( l ) times the patient's height • Major intrusion, damage or high-speed crash • Severe uncontrolled bleeding • All paralysis or neurosensory deficits • All s uspected neurovascular or neuro sensory injuries • Systo lic Blood Pre ssu re <90 or Pu lse <60 or > I 00 or Respiratory rate <l 0 or >29 in an adult • Penetrating injury to head, nec k, thorax or abd omen Illn esses or symptoms caused by Motor Vehicle Acciden ts (MVA): • Any MVA with maj or intrusion , damage or high speed • Auto versus pedestrian injury • Aut o versus bicycle injury • Motorcycle crash Neurolog ical: • Loss of consciousne ss Employee Health Clinic Contract No. 16300427 Pag e 15 • Head injury with loss of consciou sness • Focal neurological deficit Pediatrics: • Age 5 years and older and non-toxic appearing • Age 5 years a nd older w ith fever o r hi story of fever > I 00.4 • Any pediatri c patient over 5 years requiri ng hydrati on therapy • Age 5 years and o lder with ra sh, feed ing problems, congesti on, const ipati on or conju nctivitis Mi sce ll a neous: • Fo ll ow-up with "worsening cond itio n" • SBP > 180 or OBP >105 AND one of be low: Neuro logic symptom s including headach es, dizziness • Oys pnea E mp loyee Health Clinic Contract No. 16300427 Page 16 EXHIBITB CLINIC NOT TO EXCEED AMOUNTS SERVICES Salaries C lini c Staff Monthly Annual APC $ 8,750.00 $ 105,000.00 LYN $ 3, 116.50 $ 37,398 .00 Office Ass istant $ 1,941.33 $ 23 ,296.00 Medical Assistant $ 1,94 1.33 $ 23,296 .00 Health Coach $ 3,750.00 $ 45,000.00 Benefits (3 0% of Sa laries) Physician Fees Drug Sc reen in g Famil y P r actic e Drug Expe nse OccMed Drug Ex pen se Regular Flu Shots Flu M ists Biometric Screenings General Supplies (Non -m edical supplies; mostly office supplies) Purchased Maintenance (Pest control & unexpected maintenance required) Utilities Telephone Travel & E ducation Other Equipment Rental (Su n Pr int (copier/printer)) Lease Purchased Services (Cleaning ($450); Iron Mountain ($50); Water & Coffee ($75); Laundry ($30); Suddenlink Internet & Cab le ($100); Steri- Cycle (b io-haz.ard) ($10); Misc. ($10)) SU BTOTA L *Admini strative Fees (9.6% o f Operating Costs) TOTAL Operating Costs Employee Health Clinic Co ntract No. 16300427 MONTHLY $ 19,499.16 $ 5 ,849.75 $ 915.00 $ 219.26 $ 1,500 .00 $ 591 .08 $ 928.77 $ 98.75 $ 968 .00 $ 425.00 $ 84.00 $ 450.00 $ 42.00 $ 83.33 $ 167.00 $ 2,862 .09 $ 725.00 $ 35,408.19 $ 3,3 99.19 $ 38,807.38 ANNUAL $ 233,989.92 $ 70, 197.00 $ 10,980.00 $ 2,631.12 $ 18 ,000.00 $ 7,092.96 $ 11 ,145.24 $ l , 185.00 $ 11 ,6 16.00 $ 5 ,100.00 $ 1,008.0 0 $ 5 ,400.00 $ 504.00 $ 1,00 0.00 $ 2,004.00 $ 34,3 45.08 $ 8,700.00 $ 424,898.32 $ 40,790.28 $ 465 ,688.60 Page 17 EXffiBITC OCCUPATIONAL ME D SER VICES Unit Pricin g Overage Schedu le Not to Exceed Amounts : Bi ll e d at Cost SERVICE Drug Screens DOT Non-DOT Rapids Immunizations F irefighter Labs (CMC & CBC) Hep A Vaccine (2 shot series) Hep B Vaccine (3 s hot series) Menin git is Vaccine MMR Vaccine PPO/TB Prevnar Rabies Vaccine Shi ngles Vaccine TDAP TD Vaccine Varicella Vaccine Varicella Titer F lu Sh ots Flu Mist Flu Sh ots (regular) W ellness Bi om etri c Testing Li pid Profile (total cholesterol, triglycerides, HDL, LDL & cardiac risk factor) G lucose Employee Health Clinic Contract No. 16300427 COST PER $ 15.38 $ 7.00 $ 46.00 $ 45.40 $ 25.10 $ 90.03 $ 60.00 $ 7.00 $ 161.00 $ 309.00 $ 19.32 $ 37.00 $ 20.00 $ 103.00 $ 52.00 $ 23.70 $ 16.39 $ 44.00 Page 18 EXHIBITD STAFFING MINIMUM STAFF: A t a minimum, Clinic personne l shall includ e: •One (I) Advanced Practice Clinician • One (I) Licensed Vocational Nurse • One (I) Certifie d Nurse Ass istant I Med ical Assistant • One (I) Office Assistant Employee Health C l inic Contract No. 16300427 Page 19 EXHIBI TE MONTHLY CLINIC REPORTS • Unique patient cou nt • T otal number of v is its (e mployee vs. dependent vs. retiree) • Tota l number: new patient vi sits, estab li shed pat ient visits, fo ll ow-up v is its, lab only visits, nurse • Visits, wa lk-in v is its, welln ess vi s its, urgent care visits, procedure visits, workers' compensation • Total a ft er hours call s • Tota l flu vaccine • T otal immunizations (non -fl u) • T otal new chron ic di seases • T ota l no-show • Total referrals (broken down by spec ialty) • Average vis its per day • Total number of billed services (need to captu re each dx code) • Maj or d iagnos is a nd associated codes • Costs fo r occup at ional health serv ices (i.e., Hep B/PPD testing for hi gh r isk departments) Oth er : • Any other appli cable reports as agreed to by th e City a nd Provider Employee Hea lth C linic Contract N o. 16300427 Page 20 EXHIBITF INSURANCE REQ UIR EMENTS Throughout the term of this Agreement the Provider ("Contractor") must comply with the following: I. Standard Ins urance Policies Req uired: A. Commercial General L iability B. Business Automobile Liabi lity C. Workers' Compensation D . Professional Liability E. Medical Malpractice II. General R eq uirements Applicable to A ll Polici es: A. Certificates oflnsurance shall be prepared and executed by the insurance company or its authorized agent B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit "G"; and shall be approved by the City before work begins C. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and a re acceptable on a per-occurrence basis only D. The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas E . The C ity wi ll not accept "claims made" policies F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City III. Com mercial General Lia bili ty A . General Liability insurance shall be written by a carrier rated "A: VIII" or better under the c urrent A. M. Best Key Rating Guide. B. Polic ies shall contain an endorsement naming the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- in surance o r any insurance the City may have or obtain C. Lim its of liability must be equal to or greater than $1,000 ,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City 's review and acceptance E . The coverage shall include, but not be limited to the following: premises/operations Employee Health Clinic Contract No. 16300427 Pag e 21 with separate aggregate; independent contracts; products/com pleted operations; contrac tu a l liability (insuring th e indemnity provided herein) Host Liquor Liability, and P ersonal & Advertising Liab i lity. I V. Busin ess A uto mobil e L ia bili ty A. Bus iness Automobile Liability in s urance s hall be w r itte n by a carrier rated "A: VIII" o r better rating under the c urrent A. M. Best Key R ati ng G u ide. B . Po li cies s hall contain an endorsement naming th e City as Additional In s ured and further providing "primary and non-contributory" language w ith regard to self- in s uran ce o r any in s urance the City may have or obtain C. Combined Single Limit of Liabil ity not le ss than $1,000,000 per occ urrence for bodily injury and property damage. D. T he Business Auto Po licy mu st s how Symbol I in the Covered Autos Portion o f th e liability section in Item 2 of the declarations page E . The coverage shall include any aut os, own ed autos, leased or rented autos, non - owned autos, a nd hired a utos. V. Wo rkers' Co m pe nsatio n I nsura nce A. W o rke rs compensation in s urance shall include the fo ll owing te rm s: 1.Em ployer 's Liabil ity m inimum limits of liabi li ty not less than $ l ,00 0 ,000 for each acc ident/each d isease/each employee are required 2." Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 0 4 " s hall be inc luded in thi s pol icy 3.TE XAS mu st appear in Item 3 A of th e Workers ' Compensati o n coverage o r Item 3C must contain the fo ll owi ng: "All States except those li sted in Item 3A and the S tates ofNV, ND, O H, W A, WV , and WY" VI. P r ofess iona l L iab ili ty a nd Medi ca l Ma lp ractice T he faci l ity and each me di cal professional shall maintain throug ho ut th e term of th e Agreeme nt and any re newals or extens ions, Pro fe ssio nal Liability in s urance coverin g an y damages caused by a n error, o mi ssion, o r any negli gent acts. Limits of l iabi l ity of not less than $1,0 00,000 each wrongfu l act a nd $2,000,000 in the aggregate fo r the faci lity, and $250,000 each wrongfu l act/$500,000 in the aggregate, for medical profess io n a l li ab ility shall be provided. Faci lity and medi cal profess io na l liability s ha ll have avai lable an extended re porting period of no less than two (2) years from th e end of th e co ntrac t per io d. Employee Health C linic Co ntract No. 16300427 Page 22 Em ployee I leallh C linic Conlract No. 163 0042 7 EXHIBITG CERTIFICATES OF INSURANCE Page 23 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0313 Name:Atmos Energy Settlement Status:Type:Ordinance Consent Agenda File created:In control:5/16/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion concerning the passage and approval of an ordinance of the City of College Station, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2016 rate review mechanism filings and approving a settlement agreement with attached rate tariffs and proof of revenues. Sponsors:Aubrey Nettles Indexes: Code sections: Attachments:2016 ORD Accepting Settlement with Attachments.pdf 2016 Staff Report.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion concerning the passage and approval of an ordinance of the City of College Station, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2016 rate review mechanism filings and approving a settlement agreement with attached rate tariffs and proof of revenues. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance. Summary: The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to recover capital investments. The RRM Tariff has been modified several times, most recently in 2013. The 2016 RRM filing is the fourth RRM filing under the renewed RRM Tariff. On March 1, 2016, Atmos made a filing requesting $35.4 million additional revenues on a system-wide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $28.6 million from other municipalities. Environs customers (ratepayers outside municipal limits) remain under the Railroad Commission’s exclusive original jurisdiction and have their rates set through the GRIP process. If the College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0313,Version:1 Company had used the GRIP process rather than the RRM process it would have received a $41 million increase, or about $11 million more than will be approved by the Ordinance. ACSC and the Company have reached an agreement, reflected in the Ordinance, to reduce the Company’s request by $5.5 million, such that the Ordinance approving new rates reflects an increase of $29.9 million on a system-wide basis, or $21.9 million for Mid-Tex Cities, exclusive of the City of Dallas. The tariffs attached to the Ordinance approve rates that will increase the Company’s revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2016. The monthly residential customer charge will be $19.10. The consumption charge will be $0.11378 per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $1.26, or about 2.43%. The typical commercial customer will see an increase of $3.81, or 1.43%. Attached to this Model Staff Report is a summary of the impact of new rates on the average bills of all customer classes. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2016 RRM filing, and implementing the rate change. Reviewed and Approved by Legal: Yes Budget & Financial Summary: The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $1.26, or about 2.43%. The typical commercial customer will see an increase of $3.81, or 1.43%. Attachments: Ordinance accepting settlement, with attachments. Staff Report and chart of average customer charges. College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ 1 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID- TEX DIVISION REGARDING THE COMPANY’S 2016 RATE REVIEW MECHANISM FILINGS; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT; FINDING THE RATES TO BE SET BY THE SETTLEMENT TARIFFS TO BE JUST AND REASONABLE AND IN THE PUBLIC INTEREST; REQUIRING THE COMPANY TO REIMBURSE ACSC’S REASONABLE RATEMAKING EXPENSES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE ACSC’S LEGAL COUNSEL. WHEREAS, the City of College Station, Texas (“City”) is a gas utility customer of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee (“ACSC”), a coalition of similarly-situated cities served by Atmos Mid-Tex (“ACSC Cities”) that have joined together to facilitate the review of, and response to, natural gas issues affecting rates charged in the Atmos Mid-Tex service area; and WHEREAS, ACSC and the Company worked collaboratively to develop a new Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process by ACSC Cities as a substitute to the Gas Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature, and that will establish rates for the ACSC Cities based on the system-wide cost of serving the Atmos Mid-Tex Division; and WHEREAS, on March 1, 2016, Atmos Mid-Tex filed its 2016 RRM rate request with ACSC Cities; and WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2016 RRM filing through its Executive Committee, assisted by ACSC’s attorneys and consultants, to resolve issues identified in the Company’s RRM filing; and WHEREAS, the Executive Committee, as well as ACSC’s counsel and consultants, recommend that ACSC Cities approve an increase in base rates for Atmos Mid-Tex of $29.9 million on a system-wide basis; and WHEREAS, the attached tariffs implementing new rates are consistent with the recommendation of the ACSC Executive Committee, are agreed to by the Company, and are just, reasonable, and in the public interest; and 2 WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s reasonable expenses associated with RRM applications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Part 1: That the findings set forth in this Ordinance are hereby in all things approved. Part 2: That the City Council finds that the settled amount of an increase in revenues of $29.9 million on a system-wide basis represents a comprehensive settlement of gas utility rate issues affecting the rates, operations, and services offered by Atmos Mid-Tex within the municipal limits arising from Atmos Mid-Tex’s 2016 RRM filing is in the public interest, and is consistent with the City’s authority under Section 103.001 of the Texas Utilities Code. Part 3: That the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable. The new tariffs attached hereto and incorporated herein as Attachment A, are just and reasonable, and are designed to allow Atmos Mid-Tex to recover annually an additional $29.9 million in revenue over the amount allowed under currently approved rates, as shown in the Proof of Revenues attached hereto and incorporated herein as Attachment B; such tariffs are hereby adopted. Part 4: That the ratemaking treatment for pensions and other post-employment benefits in Atmos Mid-Tex’s next RRM filing shall be as set forth on Attachment C, attached hereto and incorporated herein. Part 5: That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC in processing the Company’s 2016 RRM filing. Part 6: That to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Part 7: That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Part 8: That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. Part 9: That consistent with the City Ordinance that established the RRM process, this Ordinance shall become effective from and after its passage with rates authorized by attached tariffs to be effective for bills rendered on or after June 1, 2016. 3 Part 10: That a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of Chris Felan, Vice President of Rates and Regulatory Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LJB Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701. PASSED AND APPROVED this 9th day of June, 2016. Mayor ATTEST: APPROVED AS TO FORM: City Secretary City Attorney 2557/26/7087606 MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE:R – RESIDENTIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE:Bills Rendered on or after 06/01/2016 PAGE: 12 Application Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured through one meter. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 19.10 per month Rider CEE Surcharge $ 0.02 per month1 Total Customer Charge $ 19.12 per month Commodity Charge – All Ccf $0.11378 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2015. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE:C – COMMERCIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE:Bills Rendered on or after 06/01/2016 PAGE: 13 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 41.75 per month Rider CEE Surcharge $ 0.02 per month1 Total Customer Charge $ 41.77 per month Commodity Charge – All Ccf $ 0.08494 per Ccf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculated in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. 1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2015. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE:Bills Rendered on or after 06/01/2016 PAGE: 14 Application Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day for all natural gas provided at one Point of Delivery and measured through one meter. Service for Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 738.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu Next 3,500 MMBtu $ 0.2267 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: I – INDUSTRIAL SALES APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE:Bills Rendered on or after 06/01/2016 PAGE: 15 Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate I, Customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE:Bills Rendered on or after 06/01/2016 PAGE: 16 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts and quantities due under the riders listed below: Charge Amount Customer Charge per Meter $ 738.00 per month First 0 MMBtu to 1,500 MMBtu $ 0.3096 per MMBtu Next 3,500 MMBtu $ 0.2267 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0486 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. Monthly Imbalance Fees Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer’s receipt quantities for the month. Attachment A MID-TEX DIVISION RRC Tariff No: ATMOS ENERGY CORPORATION RATE SCHEDULE: T – TRANSPORTATION APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE:Bills Rendered on or after 06/01/2016 PAGE: 17 Curtailment Overpull Fee Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled “Daily Price Survey.” Replacement Index In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natural gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company’s Tariff for Gas Service. Special Conditions In order to receive service under Rate T, customer must have the type of meter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER:WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE:Bills Rendered on or after 11/01/2016 PAGE: 41 Provisions for Adjustment The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall be adjusted by an amount hereinafter described, which amount is referred to as the "Weather Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature sensitive residential and commercial bills based on meters read during the revenue months of November through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls. Computation of Weather Normalization Adjustment The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent per Ccf by the following formula: (HSFi x (NDD-ADD) ) WNAFi =Ri (BLi +(HSFi x ADD) ) Where i =any particular Rate Schedule or billing classification within any such particular Rate Schedule that contains more than one billing classification WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or classification expressed in cents per Ccf Ri =Commodity Charge rate of temperature sensitive sales for the ith schedule or classification. HSFi =heat sensitive factor for the ith schedule or classification divided by the average bill count in that class NDD =billing cycle normal heating degree days calculated as the simple ten-year average of actual heating degree days. ADD =billing cycle actual heating degree days. Bli =base load sales for the ith schedule or classification divided by the average bill count in that class The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as: WNAi =WNAFi x qij Where qij is the relevant sales quantity for the jth customer in ith rate schedule. Attachment A MID-TEX DIVISION ATMOS ENERGY CORPORATION RIDER:WNA – WEATHER NORMALIZATION ADJUSTMENT APPLICABLE TO:ALL CUSTOMERS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS AND UNINCORPORATED AREAS EFFECTIVE DATE:Bills Rendered on or after 11/01/2016 PAGE: 42 Base Use/Heat Use Factors Residential Commercial Base use Heat use Base use Heat use Weather Station Ccf Ccf/HDD Ccf Ccf/HDD Abilene 10.09 0.1392 98.01 0.6440 Austin 11.21 0.1551 203.36 0.8564 Dallas 13.72 0.2048 189.83 0.9984 Waco 9.89 0.1411 129.75 0.6695 Wichita Falls 11.49 0.1506 122.35 0.5967 Weather Normalization Adjustment (WNA) Report On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of Texas' Gas Services Division, addressed to the Director of that Division. Attachment A File Date: March 1, 2016 ATMOS ENERGY CORP., MID-TEX DIVISION PROPOSED TARIFF STRUCTURE (BEFORE RATE CASE EXPENSE RECOVERY) TEST YEAR ENDING DECEMBER 31, 2015 (a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k) 1 Proposed Change In Rates:29,603,205$Schedule A 2 Proposed Change In Rates without Revenue Related Taxes:27,447,850$Ln 1 divided by factor on WP_F-5.1 3 4 5 6 Revenue Requirements Allocations 7 Residential 338,431,486$77.95%Per GUD 10170 Final Order 8 Commercial 84,223,622 19.40%Per GUD 10170 Final Order 9 Industrial and Transportation 11,490,316 2.65%Per GUD 10170 Final Order 10 Net Revenue Requirements GUD No. 10170 434,145,424$ 11 12 13 14 15 16 With Proportional Increase all classes but Residential and a 40% residential base charge increase:With Customer Charges Rounded Off and residential base charge increase for 2015 limited to $0.50 per RRM tariff: 17 18 Current Prospective Revenues Proposed Change Proposed Change In Revenues Proposed Rates Proposed Revenues 19 20 Residential Base Charge 18.56$0.48$8,558,622$Residential Base Charge 0.52$9,335,278$19.08$339,813,673$ 21 Residential Consumption Charge 0.09931$0.01540$12,837,933 Residential Consumption Charge 0.01447$12,061,297 0.11378$94,839,970 22 Commercial Base Charge 39.87$1.81$2,662,423 Commercial Base Charge 1.83$2,697,162 41.70$61,390,268 23 Commercial Consumption Charge 0.08020$0.00480$2,662,423 Commercial Consumption Charge 0.00474$2,626,475 0.08494$47,065,984 24 I&T Base Charge 697.35$38.03$363,224 I&T Base Charge 39.65$378,728 737.00$7,039,815 25 I&T Consumption Charge Tier 1 MMBTU 0.2937$0.0166$172,167 I&T Consumption Charge Tier 1 MMBTU 0.0159$165,150 0.3096$3,215,747 26 I&T Consumption Charge Tier 2 MMBTU 0.2151$0.0121$139,070 I&T Consumption Charge Tier 2 MMBTU 0.0116$132,888 0.2267$2,597,042 27 I&T Consumption Charge Tier 3 MMBTU 0.0461$0.0026$51,988 I&T Consumption Charge Tier 3 MMBTU 0.0025$49,955 0.0486$971,117 28 27,447,850$27,446,933$556,933,616$ 29 WP_J-5 Page 2 of 4 Attachment B Proof of Revenues File Date: March 1, 2016 Line No.Description Pension Account Plan ("PAP") Post- Retirement Medical Plan ("FAS 106") Pension Account Plan ("PAP") Supplemental Executive Benefit Plan ("SERP") Post- Retirement Medical Plan ("FAS 106") Adjustment Total (a)(b)(c)(d)(e)(f)(g) 1 Fiscal Year 2016 Towers Watson Report as adjusted (1), (3)5,101,680$2,896,450$7,840,683$150,433$4,466,430$ 2 O&M Expense Factor (2)96.41%96.41%37.42%20.77%37.42% 3 Fiscal Year 2016 Actuarially Determined O&M Benefits (Ln 1 x Ln 2)4,918,540$2,792,473$2,933,599$31,249$1,671,119$ 4 Allocation to Mid-Tex (2)40.56%40.56%71.52%100.00%71.52% 5 Mid-Tex Benefits Expense Included in Rates - Proposed (Ln 3 x Ln 4)1,995,016$1,132,659$2,098,222$31,249$1,195,248$6,452,393$ 6 7 Mid-Tex Benefits Expense per GUD 10359 and RRM Test Year Ending December 31, 2014 Benchmark (4)2,831,859$2,013,260$2,925,600$34,809$2,695,721$10,501,250$ 8 9 Test Year Adjustment (Line 5 minus Line 7)(836,844)$(880,601)$(827,379)$(3,561)$(1,500,472)$(4,048,856)$ 10 11 Adjustment Summary: 12 Account 922 (836,844)$(880,601)$-$-$-$(1,717,445)$ 13 Account 926 --(827,379)(3,561)(1,500,472)(2,331,412) 14 Total (Ln 12 plus Ln 13)(836,844)$(880,601)$(827,379)$(3,561)$(1,500,472)$(4,048,856)$ 15 16 17 Notes: 18 1. Studies not applicable to Mid-Tex or Shared Services are omitted. 19 2. The factors on Lines 2 and 4 are based on the factors in 2016 RRM (Test Year Ending December 31,2015). 20 3. SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes. 21 4. GUD No. 10359 is the benchmark for January-May which is the same benchmark as used in the RRM TYE December 31, 2014 for June-December. ATMOS ENERGY CORP., MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS ADJUSTMENT TEST YEAR ENDING DECEMBER 31, 2015 Shared Services Mid-Tex Direct WP_F-2.3 Page 1 of 2 Attachment C Line No.Description Pension Account Plan ("PAP") Post-Retirement Medical Plan ("FAS 106") Pension Account Plan ("PAP") Supplemental Executive Benefit Plan ("SERP") Post-Retirement Medical Plan ("FAS 106") Adjustment Total (a)(b)(c)(d)(e)(f)(g) 1 Fiscal Year 2016 Towers Watson Report (excluding Removed Cost Centers)5,101,680$2,896,450$7,840,683$150,433$4,466,430$ 2 Allocation to Mid-Tex 40.56%40.56%71.52%100.00%71.52% 3 FY16 Towers Watson Benefit Costs (excluding Removed Cost Centers) Allocated to MTX (Ln 1 x Ln 2)2,069,299$1,174,833$5,607,955$150,433$3,194,561$ 4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00% 5 FY16 Towers Watson Benefit Costs To Approve (excluding Removed Cost Centers) (Ln 3 x Ln 4)2,069,299$1,174,833$5,607,955$150,433$3,194,561$12,197,081$ 6 7 8 Summary of Costs to Approve: 9 10 Total Pension Account Plan ("PAP")2,069,299$5,607,955$7,677,254$ 11 Total Post-Retirement Medical Plan ("FAS 106")1,174,833$3,194,561$4,369,394 12 Total Supplemental Executive Retirement Plan ("SERP")150,433$150,433 13 Total (Ln 10 + Ln 11 + Ln 12)2,069,299$1,174,833$5,607,955$150,433$3,194,561$12,197,081$ 14 15 16 O&M Expense Factor 96.41%96.41%37.42%20.77%37.42% 17 18 Expense Portion (Ln 13 x Ln 16)1,995,016$1,132,659$2,098,222$31,249$1,195,248$6,452,393$ 19 20 Capital Factor 3.59%3.59%62.58%79.23%62.58% 21 22 Capital Portion (Ln 13 x Ln 20)74,283$42,174$3,509,733$119,184$1,999,313$5,744,687$ 23 24 Total (Ln 18 + Ln 22)2,069,299$1,174,833$5,607,955$150,433$3,194,561$12,197,081$ ATMOS ENERGY CORP., MID-TEX DIVISION PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL TEST YEAR ENDING DECEMBER 31, 2015 Shared Services Mid-Tex Direct Attachment C 7088114.1 1 April 28, 2016 STAFF REPORT The City, along with other similarly situated cities served by Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee (“ACSC”). The RRM Tariff was originally adopted by ACSC member cities in 2007 as an alternative to the Gas Reliability Infrastructure Program (“GRIP”), the statutory provision that allows Atmos to bypass the City’s rate regulatory authority to increase its rates annually to recover capital investments. The RRM Tariff has been modified several times, most recently in 2013. The 2016 RRM filing is the fourth RRM filing under the renewed RRM Tariff. On March 1, 2016, Atmos made a filing requesting $35.4 million additional revenues on a system-wide basis. Because the City of Dallas has a separate rate review process, exclusion of Dallas results in the Company requesting $28.6 million from other municipalities. Environs customers (ratepayers outside municipal limits) remain under the Railroad Commission’s exclusive original jurisdiction and have their rates set through the GRIP process. If the Company had used the GRIP process rather than the RRM process it would have received a $41 million increase, or about $11 million more than will be approved by the Ordinance. ACSC and the Company have reached an agreement, reflected in the Ordinance, to reduce the Company’s request by $5.5 million, such that the Ordinance approving new rates reflects an increase of $29.9 million on a system-wide basis, or $21.9 million for Mid-Tex Cities, exclusive of the City of Dallas. The tariffs attached to the Ordinance approve rates that will increase the Company’s revenues by $29.9 million for the Mid-Tex Rate Division, effective for bills rendered on or after June 1, 2016. The monthly residential customer charge will be $19.10. The consumption charge will be $0.11378 per Ccf. The monthly bill impact for the typical residential customer consuming 46.8 Ccf will be an increase of $1.26, or about 2.43%. The typical commercial customer will see an increase of $3.81, or 1.43%. Attached to this Model Staff Report is a summary of the impact of new rates on the average bills of all customer classes. The ACSC Executive Committee and its designated legal counsel and consultants recommend that all Cities adopt the Ordinance with its attachments approving the negotiated rate settlement resolving the 2016 RRM filing, and implementing the rate change. Explanation of “Be It Ordained” Sections: 1.This section approves all findings in the Ordinance. 2.This section finds the settled amount of $29.9 million to be a comprehensive settlement of gas utility rate issues arising from Atmos Mid-Tex’s 2016 RRM filing, and that such settlement is in the public interest and is consistent with the City’s statutory authority. 3.This section finds the existing Atmos Mid-Tex rates to be unreasonable, and approves the new tariffed rates providing for additional revenues over currently-billed rates of $29.9 million and adopts the attached new rate tariffs (Attachment A). 7088114.1 2 4.This section establishes the baseline for pensions and other post-employment benefits for future rate cases (Attachment C). 5.This section requires the Company to reimburse Cities for reasonable ratemaking costs associated with reviewing and processing the RRM filing. 6.This section repeals any resolution or ordinance that is inconsistent with this Ordinance. 7.This section finds that the meeting was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 8.This section is a savings clause, which provides that if any section(s) is later found to be unconstitutional or invalid, that finding shall not affect, impair or invalidate the remaining provisions of this Ordinance. This section further directs that the remaining provisions of the Ordinance are to be interpreted as if the offending section or clause never existed. 9.This section provides for an effective date upon passage which, according to the Cities’ ordinance that adopted the RRM process, is June 1, 2016. 10. This paragraph directs that a copy of the signed Ordinance be sent to a representative of the Company and legal counsel for the Steering Committee. Line June 1, 2016 1 Rate R @ 46.8 Ccf CURRENT PROPOSED CHANGE 2 Customer charge 18.60$ 3 Consumption charge 46.8 CCF X 0.09931$=4.65 4 Rider GCR Part A 46.8 CCF X 0.31375$=14.68 5 Rider GCR Part B 46.8 CCF X 0.21977$=10.29 6 Subtotal 48.22$ 7 Rider FF & Rider TAX 48.22$X 0.07853 =3.79 8 Total 52.01$ 9 10 Customer charge 19.10$ 11 Consumption charge 46.8 CCF X 0.11378$=5.32 12 Rider GCR Part A 46.8 CCF X 0.31375$=14.68 13 Rider GCR Part B 46.8 CCF X 0.21977$=10.29 14 Subtotal 49.39$ 15 Rider FF & Rider TAX 49.39$X 0.07853 =3.88 16 Total 53.27$1.26$ 17 2.43% 18 19 Rate C @ 376.4 Ccf CURRENT PROPOSED CHANGE 20 Customer charge 40.00$ 21 Consumption charge 376.4 CCF X 0.08020$=30.19 22 Rider GCR Part A 376.4 CCF X 0.31375$=118.10 23 Rider GCR Part B 376.4 CCF X 0.15789$=59.43 24 Subtotal 247.72$ 25 Rider FF & Rider TAX 247.72$X 0.07853 =19.45 26 Total 267.17$ 27 28 Customer charge 41.75$ 29 Consumption charge 376.4 CCF X 0.08494$=31.97 30 Rider GCR Part A 376.4 CCF X 0.31375$=118.10 31 Rider GCR Part B 376.4 CCF X 0.15789$=59.43 32 Subtotal 251.25$ 33 Rider FF & Rider TAX 251.25$X 0.07853 =19.73 34 Total 270.98$3.81$ 35 1.43% 36 Rate I @ 4379 MMBTU CURRENT PROPOSED CHANGE 37 Customer charge 700.00$ 38 Consumption charge 1,500 MMBTU X 0.2937$=440.55 39 Consumption charge 2,879 MMBTU X 0.2151$=619.19 40 Consumption charge 0 MMBTU X 0.0461$=- 41 Rider GCR Part A 4,379 MMBTU X 0.3213$=1,406.76 42 Rider GCR Part B 4,379 MMBTU X 0.3746$=1,640.11 43 Subtotal 4,806.61$ 44 Rider FF & Rider TAX 4,806.61$X 0.07853 =377.44 45 Total 5,184.05$ 46 47 Customer charge 738.00$ 48 Consumption charge 1,500 MMBTU X 0.3096$=464.40 49 Consumption charge 2,879 MMBTU X 0.2267$=652.58 50 Consumption charge 0 MMBTU X 0.0491$=- 51 Rider GCR Part A 4,379 MMBTU X 0.3213$=1,406.76 52 Rider GCR Part B 4,379 MMBTU X 0.3746$=1,640.11 53 Subtotal 4,901.85$ 54 Rider FF & Rider TAX 4,901.85$X 0.07853 =384.92 55 Total 5,286.77$102.72$ 56 1.98% 57 Rate T @ 4379 MMBTU CURRENT PROPOSED CHANGE 58 Customer charge 700.00$ 59 Consumption charge 1,500 MMBTU X 0.2937$=440.55 60 Consumption charge 2,879 MMBTU X 0.2151$=619.19 61 Consumption charge 0 MMBTU X 0.0461$=- 62 Rider GCR Part B 4,379 MMBTU X 0.3746$=1,640.11 63 Subtotal 3,399.85$ 64 Rider FF & Rider TAX 3,399.85$X 0.07853 =266.97 65 Total 3,666.82$ 66 67 Customer charge 738.00$ 68 Consumption charge 1,500 MMBTU X 0.3096$=464.40 69 Consumption charge 2,879 MMBTU X 0.2267$=652.58 70 Consumption charge 0 MMBTU X 0.0491$=- 71 Rider GCR Part B 4,379 MMBTU X 0.3746$=1,640.11 72 Subtotal 3,495.09$ 73 Rider FF & Rider TAX 3,495.09$X 0.07853 =274.45 74 Total 3,769.54$102.72$ 75 2.80% ATMOS ENERGY CORP., MID-TEX DIVISION AVERAGE BILL COMPARISON - BASE RATES TEST YEAR ENDING DECEMBER 31, 2015 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0318 Name:Resolution for Office of the Governor Grant Status:Type:Resolution Consent Agenda File created:In control:5/18/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on a resolution authorizing the City Manager or his designees as authorized officials to execute documents necessary for the submission of the SWAT Night Vision Equipment Grant application, for Criminal Justice Division funds from the Office of the Governor. Sponsors:Brandy Norris Indexes: Code sections: Attachments:Gov CJD Grant Resolution 5-26-16.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution authorizing the City Manager or his designees as authorized officials to execute documents necessary for the submission of the SWAT Night Vision Equipment Grant application, for Criminal Justice Division funds from the Office of the Governor. Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City Recommendation(s): Staff recommends Council approval Summary:The CJD’s mission is to create and support programs that protect people from crime, reduce the number of crimes committed,and to promote accountability,efficiency,and effectiveness within the criminal justice system.CJD focuses on the enhancement of Texas'capacity to prevent crime,provide service and treatment options,enforce laws,train staff and volunteers,and the restoration of crime victims to full physical, emotional and mental health. This CJD grant will provide 100% funding for the purchase of night vision to be utilized by the Police Department SWAT team. The equipment will provide the benefit of seeing potential threats before the threat can see them. The equipment will be utilized on any low light tactical call out as well as used for surveillance and gathering intelligence on potential call outs. There is no local match requirement for CJD,but grant funding will only be provided for the initial equipment purchase.Due to this,any other associated costs such as maintenance,repair,or replacement will be the responsibility of the grantee agency. College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0318,Version:1 Budget & Financial Summary: The purchase of the equipment will cost approximately $42,855.00. This will purchase the first phase of this project. Next year, another application will be submitted to request funds to purchase the second phase of this project at a cost of approximately $35,064. Attachments: 1. Resolution College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ RESOLUTION NO._______________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEES TO EXECUTE DOCUMENTS NECESSARY FOR THE SUBMISSION OF THE SWAT NIGHT VISION EQUIPMENT APPLICATION FOR THE OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION (CJD) FUNDS ON BEHALF OF THE CITY AND TO ACT ON ITS BEHALF WITH RESPECT TO ANY ISSUES THAT MAY ARISE DURING PROCESSING OF SAID APPLICATION. WHEREAS, the College Station City Council has expressed commitment to providing for the health and safety of its citizens; and WHEREAS, the College Station City Council is dedicated to seeking efficient and effective means to reduce crime and recover evidence; and WHEREAS, the Office of the Governor has issued a Request for Applications for CJD funding to reduce crime and improve the criminal justice system; and WHEREAS, the eligible activities under CJD are consistent with the strategies identified in the College Station Police Department’s Operational Plan; and WHEREAS, eligible activities under CJD can be expected to enhance the College Station Police Department’s SWAT team gear for enhanced policing at night; and WHEREAS, the City Council acknowledges the SWAT Night Vision Equipment grant requires the City of College Station to pay any maintenance costs beyond the initial purchase of equipment; now, therefore, BE IT RESOLVED by the College Station City Council hereby approves the submission of the SWAT Night Vision Equipment application to the Office of the Governor, Criminal Justice Division. PART 1: That the City Council hereby authorizes the City Manager or his designees as authorized officials to execute documents necessary for the submission of the SWAT Night Vision Equipment Grant application, with Application Number 3093601, for CJD funds to the Office of the Governor on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 2: That the City Manager or his designees as autho rized officials are given the power to apply for, accept, reject, alter or terminate the SWAT Night Vision Equipment Grant documents on behalf of the City of College Station. Resolution No._____________ 2 PART 3: That the City of College Station agrees in the event of loss or misuse of the Criminal Justice Division funds, the City of College Station assures the funds will be returned to the Criminal Justice Division in full. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 9th day of June, 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:116-0323 Name:Resolution to Set Public Hearing on Roadway Impact Fees Status:Type:Resolution Consent Agenda File created:In control:5/20/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion regarding approving a Resolution setting a public hearing to consider land use assumptions and capital improvement plan for roadway impact fees. Sponsors:Alan Gibbs Indexes: Code sections: Attachments:RES call hearing 2.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding approving a Resolution setting a public hearing to consider land use assumptions and capital improvement plan for roadway impact fees. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy ·Improving Mobility Recommendation(s): Staff recommends approval of the resolution. Summary: This resolution sets the date and time for a public hearing on roadway impact fees.On November 12, 2015, the City Council directed staff to bring forward contracts for engineering firms to perform studies regarding possible implementation of impact fees for water, wastewater, and roadways. On January 28th, the City Council approved a contact with Kimley-Horn and Associates, Inc. for the roadway impact fee study. In accordance with Local Government Code 395.042, a resolution must be approved by City Council to establish a public hearing date to consider the land use assumptions and capital improvements plan for the entire city limits divided into four quadrants. The public hearing is to consider the land use assumptions and capital improvements plan at the July 14th City Council Meeting. Budget & Financial Summary: N/A Legal Review: Yes. Attachments: College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0323,Version:1 1.Resolution College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SETTING A PUBLIC HEARING DATE OF JULY 14, 2016 FOR CONSIDERATION OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN FOR ROADWAY IMPACT FEES. WHEREAS, the City Council of the City of College Station, Texas (“City”) is considering roadway impact fees; and WHEREAS, § 395.042 Texas Local Government Code sets forth that a political subdivision must adopt an order, ordinance or resolution establishing a public hearing date to consider the land use assumptions and capital improvements plan to impose impact fees; and WHEREAS, in accordance with the aforesaid statutory requirement the City Council desires to call a public hearing to discuss and consider roadway impact fees; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble of this Resolution are hereby declared true and correct. PART 2: That the City Council of the City of College Station, Texas hereby calls for a public hearing to be held during the regular Council session on July 14, 2016 at 7:00 p.m. in the City Council Chambers at 1101 Texas Avenue, College Station, Texas. The purpose of this public hearing is to receive public comment concerning the land use assumptions and capital improvements plan for roadway impact fees. PART 3: That City staff is hereby authorized and directed to notice said public hearing and to take all reasonable measures to give effect to this Resolution, including preparing notice in accordance with § 395.055 Texas Local Government Code. ADOPTED this 9th day of June, 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:116-0324 Name:Resolution to Set Public Hearing on Water and Wastewater Impact Fees Status:Type:Resolution Consent Agenda File created:In control:5/20/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion regarding approving a Resolution setting a public hearing date to consider land use assumptions and capital improvement plan for water and wastewater impact fees. Sponsors:David Coleman Indexes: Code sections: Attachments:5 RES calling hearing 2.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding approving a Resolution setting a public hearing date to consider land use assumptions and capital improvement plan for water and wastewater impact fees. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the resolution. Summary:This resolution sets the date and time for a public hearing on water and wastewater impact fees.On November 12,2015,City Council directed staff to bring forward contracts for engineering firms to perform studies regarding possible implementation of impact fees for water, wastewater,and roadways.On January 28th,the City Council approved a contact with Freese and Nichols,Inc.for the water and wastewater impact fee study.In accordance with Local Government Code 395.042,a resolution must be approved by City Council to establishing a public hearing date to consider the land use assumptions and capital improvements plan for citywide water impact fees, and to consider the land use assumptions and capital improvements plan for citywide and portions of extra-territorial jurisdiction wastewater impact fees.The public hearing is to consider the land use assumptions and capital improvements plans at the July 14th City Council meeting. Budget & Financial Summary: N/A Legal Review: Yes. College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0324,Version:1 Attachments: 1.Resolution College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SETTING A PUBLIC HEARING DATE OF JULY 14, 2016 FOR CONSIDERATION OF LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PLAN FOR WATER IMPACT FEES, AND WASTEWATER IMPACT FEES. WHEREAS, the City Council of the City of College Station, Texas (“City”) is considering system-wide water impact fees and wastewater impact fees; and WHEREAS, § 395.042 Texas Local Government Code sets forth that a political subdivision must adopt an order, ordinance or resolution establishing a public hearing date to consider the land use assumptions and capital improvements plan to impose impact fees; and WHEREAS, in accordance with the aforesaid statutory requirement the City Council desires to call a public hearing to discuss and consider system-wide water impact fees and system-wide wastewater impact fees; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble of this Resolution are hereby declared true and correct. PART 2: That the City Council of the City of College Station, Texas hereby calls for a public hearing to be held during the regular Council session on July 14, 2016 at 7:00 p.m. in the City Council Chambers at 1101 Texas Avenue, College Station, Texas. The purpose of this public hearing is to receive public comment concerning the land use assumptions and capital improvements plan for system- wide water impact fees, and the land use assumptions and capital improvements plan for system-wide wastewater impact fees. PART 3: That City staff is hereby authorized and directed to notice said public hearing and to take all reasonable measures to give effect to this Resolution, including preparing notice in accordance with § 395.055 Texas Local Government Code. ADOPTED this 9th day of June, 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:216-0325 Name:Interlocal Agreement for 2016 JAG Funds Status:Type:Agreement Consent Agenda File created:In control:5/20/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on an Interlocal Agreement (ILA) with Brazos County and the City of Bryan to apply and accept a U.S. Department of Justice, 2016 Justice Assistance Grant (JAG). Sponsors:Brandy Norris Indexes: Code sections: Attachments:2016 JAG ILA.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an Interlocal Agreement (ILA) with Brazos County and the City of Bryan to apply and accept a U.S. Department of Justice, 2016 Justice Assistance Grant (JAG). Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City Recommendation(s): Staff Recommends Council Approval. Summary: The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions and fund all components of the cirminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and or communities by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. College Station Police Department intends to utilize this funding for the purpose of supporting local intiatives, technical assistance, training, equipment, supplies and or information technology projects in support of our community-oriented mission. Budget & Financial Summary: The 2016 JAG allocation for Brazos County is $55,379.00. This amount is based upon a statutory JAG formula that considers the jurisdiction's share of state population and reported part 1 violent crime statistics. The grant has no match requirement. Individual recommended allocations desiganted by the Department of Justice are: Brazos County: $0.00, Bryan: $26,980.00, College Station: $28,399.00 for a total of $55,379.00. Brazos County has been certified as a disparate jursidiction. As such, all jurisdictions must enter into an Interlocal College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0325,Version:2 Agreement to specify an award distribution to each unit of local government in a manner that will address disparity and furthermore, must apply for funding jointly. College Station and Bryan Police Departments have agreed to provide 15% of their recommended funding to the Brazos County Sheriff's Office in an effort to address disparity. After providing 15% to the Brazos County Sheriff's Office, the allocations are as follows: Brazos County: $8,306.85, Bryan: $22,933.00, College Station: $24,139.15 for a total of $55,379.00. Bryan Police Department will be serve as the administering agency. Attachments: ILA with Brazos County and the City of Bryan College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, THE CITY OF COLLEGE STATION, AND THE CITY OF BRYAN FOR THE 2016 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the “County”), acting through its Commissioners’ Court, the City of College Station (hereinafter referred to as “College Station”), a Texas Home Rule Municipal Corporation, acting through its City Council; and the City of Bryan, Texas (herei nafter referred to as “Bryan”), a Texas Home Rule Municipal Corporation, acting through its City Council. WHEREAS, the County, College Station, and Bryan wish to submit a joint application for grant funds under the U.S. Department of Justice’s 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, as a condition precedent to receiving a JAG award, the County, College Station, and Bryan are required to enter into an inter-local agreement designating one joint applicant to serve as the applicant/fiscal agent for the joint funds; and WHEREAS, Bryan will serve as the applicant/fiscal agent; and WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each other to perform governmental functions or services; and WHEREAS, the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this Agreement; and WHEREAS, Bryan agrees to provide the County $8,306.85 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan agrees to provide College Station $24,139.15 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan shall use their $22,933.00 from the JAG award for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs; and WHEREAS, Bryan, College Station and the County believe it to be in their best interest to reallocate the JAG funds as described above, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as follows: 1. Bryan agrees to pay the County a total of $8,306.85 of JAG funds. 2. The County agrees to use the $8,306.85 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3. Bryan agrees to pay College Station a total of $24,139.15 of JAG funds. 4. College Station agrees to use $24,139.15 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. Bryan agrees to retain a total of $22,933.00 of the JAG funds. 6. Bryan agrees to use $22,933.00 for the purpose of supporting local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 11. Effective Date and Term. This Agreement shall be effective when signed by the last party who’s signing makes the Agreement fully executed and will remain in full force and effect until September 30, 2019. 12. Indemnification Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectl y by any other party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. 13. Consent to Suit. Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. 14. Invalidity: If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 15. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. CITY OF BRYAN: City Manager City of Bryan 300 South Texas Avenue Bryan, Texas 77803 CITY OF COLLEGE STATION: City Manager City of College Station P. O. Box 9960 College Station, Texas 77842 BRAZOS COUNTY: County Judge Brazos County 300 East 29th Street, Suite 114 Bryan, Texas 77803 16. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 17. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 18. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 19. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 21. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse any other different or subsequent breach. 22. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 23. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 24. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. EXECUTED this the _________ day of _______________, 2016 by CITY OF BRYAN. CITY OF BRYAN By: _____________________ Jason Bienski Mayor ATTEST: APPROVED AS TO FORM: ______________________ ______________________ Mary Lynn Stratta City Attorney City Secretary ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared, JASON BIENSKI, Mayor of Bryan, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ______ day of ___________, A.D. 2016. _____________________________ Notary Public, State of Texas My Commission Expires: ____________ EXECUTED this the ______ day of __________________, 2016 by CITY OF COLLEGE STATION. CITY OF COLLEGE STATION By: ________________________________ Mayor ATTEST: APPROVED: _______________________________________ ______________________________________ City Secretary City Manager ______________________________________ City Attorney ______________________________________ Assistant City Attorney/ CFO ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared NANCY BERRY, Mayor of College Station, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________ day of ____________, A.D. 2016. _______________________________________ Notary Public, State of Texas My Commission Expires: _________________ EXECUTED this the __________ day of _________________, 2016 by BRAZOS COUNTY. COUNTY OF BRAZOS By: _______________________________________ DUANE PETERS County Judge ATTEST: APPROVED AS TO FORM: _____________________________________ _______________________________________ Karen McQueen Counsel for Brazos County County Clerk ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared DUANE PETERS, County Judge of Brazos County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed it for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________ day of ____________, A.D. 2016. _______________________________________ Notary Public, State of Texas My Commission Expires: ________________ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0326 Name:Contract Renewal for Survey Status:Type:Renewal Consent Agenda File created:In control:5/21/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion regarding the renewal of the annual city wide land surveying services and civil engineering services contracts between the City of College Station and Joe Orr, Inc and Binkley & Barfield, Inc. for a total amount of $100,000. Sponsors:Donald Harmon Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the renewal of the annual city wide land surveying services and civil engineering services contracts between the City of College Station and Joe Orr,Inc and Binkley &Barfield,Inc.for a total amount of $100,000. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s):Staff recommends approving the renewal of two contracts between the City of College Station and Joe Orr, Inc. in the amount of $80,000 and Binkley & Barfield, Inc. in the amount of $20,000, for a total amount of $100,000. Summary:In the past,the City had a blanket purchase order with Joe Orr,Inc.for City Wide Land Surveying Services,Civil Engineering Services with a not to exceed amount of $100,000. Joe Orr,Inc.approached the City in February 2014 to inform the City that Joe Orr,Inc.was going to be joining with the firm Binkley &Barfield,Inc.and that there would be a structural reorganization and delegation of duties.Joe Orr,Inc.would be performing the Land Surveying Services,and Binkley &Barfield would be performing the Civil Engineering Services. Although both firms would be part of the same umbrella company, they will be billing their services separately. Staff evaluated these changes, and decided to award two separate contracts, one to each firm with a total contract amount equal to the previously awarded $100,000. After consulting with the firms, it was decided to award Joe Orr, Inc. $80,000, and Binkley & Barfield would be awarded the remaining $20,000. Contracts 14-295 and 14-296 were issued based on this recommendation. The contracts will be for a one year term, this approval is for renewal option two of two. Budget &Financial Summary:Funds will be available in each department’s budget and will be paid as services are requested. College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0326,Version:1 Attachments: 1. Contracts on file in the City Secretary's office College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0327 Name:Waste Container Lease Agreement Status:Type:Agreement Consent Agenda File created:In control:5/21/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on a five (5) year lease agreement with Texas Commercial Waste for refuse containers with an annual estimated cost of $198,456. Sponsors:Donald Harmon Indexes: Code sections: Attachments:16300397 Texas Commercial Waste.pdf Tabulation.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a five (5) year lease agreement with Texas Commercial Waste for refuse containers with an annual estimated cost of $198,456. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the agreement with Texas Commercial Waste for an annual estimated expenditure of $198,456. Summary: This item is to approve a lease agreement for a total of one thousand fifty three (1053) 8 cubic yard, five (5) six cubic yard, one hundred fifty eight (158) 4 cubic yard front-end loading refuse containers, and two (2) thirty yard roll-off compactors used by the Sanitation Division for commercial collection operations. BID #16-067 was opened on April 22, 2016. Two (2) bids were received and opened. Texas Commercial Waste was the lowest responsible bidder.The proposed bid is approximately $50,000 less than the current agreement with Texas Commercial Waste. The monthly rate for 8 yard and 6 yard containers as bid is $14.00 per month, the rate for 4 yard containers is $7.00 per month, and the rate for the roll-off compactors with monitor systems is $620 per month for an annual estimated expenditure of $198,456. The price includes delivery, storage of inventory and maintenance of the containers. The lease is for a five year period in order for the vendor to amortize the capital costs of the containers, thus reducing lease costs. Staff reviews the possibility of city ownership and maintenance on a yearly basis, but has determined it is not cost effective due to onetime costs, ongoing costs, and inadequate available storage and maintenance space. The lease arrangement is more cost effective than purchasing and maintaining new containers. It is estimated that the City would pay approximately $1,000,000 to purchase individual front-end load containers and roll-off compactors. The maintenance cost for city-owned containers would require the following: College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0327,Version:1 ·A fulltime painter at an estimated cost of $40,000 (salary and benefits) ·A fulltime welder at an estimated cost of $40,000 (salary and benefits) ·A maintenance/repair shop at a cost of approximately $60,000. ·Equipment for the repair shop (welder, painting equipment, traveling bridge crane, etc) at an approximate cost of $65,000 ·Annual container replacement (5% of total inventory) at an approximate cost of $55,000. Additionally, the City would need to identify a suitable location to store containers not in service. Budget & Financial Summary: The Lease Agreement is effective July 1st, 2016 and funds are available in the sanitation fund. The annual cost will be approximately $50,000 less than the current agreement. Attachments: 1.Agreement 2.Bid Tab College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ Container Lease Agreement Contract No. 16300397 1 CRC March 17, 2016 CITY OF COLLEGE STATION REFUSE CONTAINER LEASE AGREEMENT This non-exclusive Lease Agreement is by and between the Lessee, City of College Station, a Texas Home-Rule Municipal Corporation (the “City”), and the Lessor, Texas Commercial Waste, a Texas Corporation (the “Contractor”), for the lease of slant-top, front-end loading and roll-off refuse containers. ARTICLE I LEASED PROPERTY 1.1 Containers. The Leased Property is 1218 slant-top, front-end loading and roll-off refuse containers (“Containers”) consisting of: a. 158 Four (4) Cubic Yard Containers b. 5 Six (6) Cubic Yard Containers c. 1053 Eight (8) Cubic Yard Containers d. 2 Thirty (30) Cubic Yard Compactors e. Monitoring System for each Thirty (30) Cubic Yard Compactor 1.2 Container Specifications. All Containers must meet or exceed the Container specifications in Exhibit A “Container Specifications”. All Containers will remain the Contractor’s property. 1.3 Container Order. City shall place the initial Container order upon Agreement execution. Contractor will hold any excess Containers at its warehouse, until the City requests additional Containers, at no cost to the City. Excess Containers is the difference between the Container number initially delivered and the total number of Containers rented. 1.4 Container Delivery. Contractor shall deliver all Containers F.O.B. to City’s customer locations. The City shall submit a list of all customer locations to Contractor at Agreement execution for Container delivery by Contractor. Contractor shall notify the City in writing of the delivery dates. 1.5 Container Condition. Contractor shall maintain Containers in a good and useable condition without any major defects. Contractor shall replace any Containers with new Containers at the same rental rate at Contractor’s expense. 1.6 Container Return. City shall return all Containers to Contractor at the end of this Agreement in substantially the same condition the Containers were received less any reasonable wear and tear or reasonable damage to the Containers due to normal usage. Container Lease Agreement Contract No. 16300397 2 CRC March 17, 2016 1.7 Container Replacement. City shall notify Contractor in writing of a Container location when it needs replacement, repair or is non-conforming or defective. Containers needing repair or replacement shall be picked up by Contractor from the customer location and new or replacement Containers delivered to the customer location at no additional charge. All new or replacement Containers must be delivered to the customer location before removal of the defective or non-conforming Containers. 1.8 Defective Containers. Any non-conforming or defective Containers may be rejected by City. The City’s acceptance, inspection or approval of a Container does not constitute a waiver of any non-conformity or defect nor preclude Container replacement. ARTICLE II PAYMENT AND TERM 2.1 Consideration. In consideration for the Container lease the City shall pay the Contractor monthly rental rate per Container multiplied by the total number of Containers. The yearly amount for this Agreement will not exceed $198,456.00. The monthly rental rate for any Container leased is: a. $7.00 per Four (4) Cubic Yard Container b. $14.00 per Six (6) Cubic Yard Container c. $14.00 per Eight (8) Cubic Yard Container d. $235.00 per Thirty (30) Cubic Yard Compactor e. $75.00 per Monitoring System for Thirty (30) Cubic Yard Compactor 2.2 Invoice and Payment. Contractor shall submit monthly invoices to the City on or before the first day of each month. The City shall remit rental payments within thirty (30) days according to the Texas Prompt Payment Act from the date of the City’s receipt of the Contractor’s invoice. 2.3 Term. The Lease Agreement term is five (5) years. The five (5) year term begins on July 1, 2016 and ends on June 30, 2021. The initial Container delivery is on July 1, 2016. In the event a new Agreement cannot be executed at the end-date of the five (5) year term, this Agreement may continue on a month-to-month basis after the expiration of the five (5) term at the same rental rates until a new Agreement is executed or the month-to-month term is terminated. ARTICLE III INDEPENDENT CONTRACTOR 3.1 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor. The City will not control the manner or the means of the Contractor's Container Lease Agreement Contract No. 16300397 3 CRC March 17, 2016 performance. The City will not be responsible for reporting or paying employment taxes or other similar levies that may be required by the United States Internal Revenue Service or other State or Federal agencies. This Agreement does not create a joint venture. ARTICLE IV INSURANCE 4.1 The Contractor shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the lease services performed by the Contractor, its officers, agents, volunteers, and employees. 4.2 The Contractor’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. The Required Limits of Insurance are attached in Exhibit B. Certificates of insurance evidencing the required insurance policies are attached in Exhibit C. ARTICLE V INDEMNIFICATION AND RELEASE 5.1 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys’ fees, for injury to or death of any person or for damage to any property arising out of or in connection with the Contractor’s Container leasing. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 5.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder for the Container leasing and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's Container leasing performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. Container Lease Agreement Contract No. 16300397 4 CRC March 17, 2016 ARTICLE VI GENERAL TERMS 6.1 Performance. Contractor, its employees, and associates, shall perform all the leasing services in a professional manner and be fully qualified and competent to perform those services. Contractor shall undertake the work and complete it in a timely manner. 6.2 Termination. The City may terminate this Agreement, at any time, for convenience with thirty day’s written notice. In the event of such termination the Contractor shall remove all Container’s from all locations at Contractor’s expense. Should the City terminate this Agreement for convenience, the City shall pay Contractor for the rent due before the termination date. 6.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 6.4 Amendment and Change Orders. This Agreement may only be amended by written instrument approved and executed by the parties. According to Texas Local Government Code Section 252.048 when change orders are $50,000 or less and do not increase the Agreement amount by twenty-five percent (25%), the City Manager or his designee may approve the written change. 6.5 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials. 6.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 6.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 6.8 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 6.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Container Lease Agreement Contract No. 16300397 5 CRC March 17, 2016 6.10 Entire Agreement. This Agreement represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 6.11 Agree to Terms. The Parties state that they have read the terms and conditions of this Agreement and agree to the terms and conditions contained in this Agreement. 6.12 Effective Date. This Agreement will be effective when it is signed by the last party making it fully executed. 6.13 Notice. Any official notice under this Agreement will be sent to the following addresses: CONTRACTOR CITY OF COLLEGE STATION Texas Commercial Waste Public Works Department Attn: Ronald Schmidt Attn: Wally Urrutia PO Box 645 300 Krenek Tap Road Bryan, TX 77806 College Station, TX 77842 6.14 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Agreement as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this Agreement or by reform by a court of competent jurisdiction. 6.15 Duplicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. 6.16 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. List of Exhibits A. Container Specifications B. Insurance Requirements C. Certificates of Insurance TEXAS COMMERCIAL WASTE By: __ .r_=_,,_,tJ'.,.../_· _· __ -_·'"··_· ----- Printed Name: £...,1'--~ Sc.-wM . .a,- Title:_G=-·-"-'~t=.u__,/?fc:..-..<.-.G=""'""",i'""'"---____ _ 'f /,g'(j /, 6 Date: __ ~,~--=-.1,___..'---------- Container Lease Agreement Contract No. 16300397 CRC March 17, 2016 CITY OF COLLEGE STATION By: ______________ _ City Manager Date: ------ APPROVED: City Attorney Date: ------ Assistant City Manager/CFO Date: _____ _ 6 Container Lease Agreement Contract No. 16300397 7 CRC March 17, 2016 EXHIBIT A CONTAINER SPECIFICATIONS A: FOUR (4) CUBIC YARD, SLANT-TOP CONTAINERS MINIMUM SPECIFICATIONS: DIMENSIONS: a. Bottom width - 70” b. Top width - 75” c. Bottom depth - 50” d. Top depth - 45” e. Front height (loading) - 45” f. Back height - 59” BODY: a. Front, rear, and end sheets shall be twelve (12) gauge hot roll steel. b. Floor shall be 12 gauge hot roll steel with three (3), reinforced full depth channels. c Top of container shall be reinforced with ten (10) gauge formed channels on the front, rear, and ends. d. Lids will be attached to the outside of the containers with seven (7) gauge steel brackets and hinged by a 5/8” steel bar. Hinge bar will be secured by washers and cotter pins. e. Lift sleeves shall be ten (10) gauge formed channels reinforced with a seven (7) gauge fork guide to assist operator in placing lift forks into channel pocket and to protect the front of the lift pocket. Lift sleeves shall also have four (4) ¼” steel double wall taco gussets each. f. Front of container shall be equipped with a buff plate of seven (7) gauge steel to protect sides and front of container. Buff plate shall be designed to keep the cross bar between the forks of the collection truck at least ¾” away from the front of the container. g. Container shall be continuously welded on inside and skip welded at all other seams. h. Container shall be equipped with a drain plug located on the bottom side as you face the container. i. Each container will have a tab with the serial number stamped on it and securely attached to it. LIDS: a. Two (2) high density, polyethylene lids will be furnished with each container, with all parts needed to attach lids to container included. Lids shall be black. b. Ten (10) complete sets total of replacement lids, hinge rods, washers, and cotter pins will be included with the lid. PAINT: a. Container shall be cleaned of all splatter, grease, weld slag, and dirt. All rough edges and welds shall be ground smooth and the complete container thoroughly sanded before painting, in accordance with paint manufacturers specifications. Containers shall receive two (2) coats of rust resistant red primer, both inside and outside of the container, and one Container Lease Agreement Contract No. 16300397 8 CRC March 17, 2016 outside finish coat of high grade automotive enamel of the hardest finish available. Color to be maroon. OSHA REGULATIONS: a. Assembled containers must meet all OSHA Regulations WARRANTY: a. Warranty will be for a minimum of twelve (12) months. B: SIX (6) CUBIC YARD, FLAT-TOP CONTAINERS WITH SIDE SLIDING DOORS MINIMUM SPECIFICATIONS: DIMENSIONS: a. Bottom width - 72” b. Top width - 74” c. Bottom depth - 62” d. Top depth - 65” e. Front height (loading) - 60” f. Back height - 60” BODY: a. Front, rear, and end sheets shall be twelve (12) gauge hot roll steel. b. Floor shall be 12 gauge hot roll steel with three (3), center reinforced full depth channels. c Top of container shall be reinforced with ten (10) gauge formed channels on the front, rear, and ends. d. Lids will be attached to the outside of the containers with seven (7) gauge steel brackets and hinged by a 5/8” steel bar. Hinge bar will be secured by washers and cotter pins. e. Lift sleeves shall be ten (10) gauge formed channels reinforced with a seven (7) gauge fork guide to assist operator in placing lift forks into channel pocket and to protect the front of the lift pocket. Lift sleeves shall also have four (4) ¼” steel double wall taco gussets each. f. Front of container shall be equipped with a buff plate of seven (7) gauge steel to protect sides and front of container. Buff plate shall be designed to keep the cross bar between the forks of the collection truck at least ¾” away from the front of the container. g. Container shall be continuously welded on inside and skip welded at all other seams. h. Container shall be equipped with a drain plug located on the bottom side as you face the container. i. Each container will have a tab with the serial number stamped on it and securely attached to it. j. Each container shall have sliding doors on either side for loading. LIDS: a. Two (2) high density, polyethylene lids will be furnished with each container, with all parts needed to attach lids to container included. Lids shall be black. Container Lease Agreement Contract No. 16300397 9 CRC March 17, 2016 b. Ten (10) complete sets total of replacement lids, hinge rods, washers, and cotter pins will be included with the lid. PAINT: a. Container shall be cleaned of all splatter, grease, weld slag, and dirt. All rough edges and welds shall be ground smooth and the complete container thoroughly sanded before painting, in accordance with paint manufacturers specifications. Containers shall receive two (2) coats of rust resistant red primer, both inside and outside of the container, and one outside finish coat of high grade automotive enamel of the hardest finish available. Color to be maroon. OSHA REGULATIONS: a. Assembled containers must meet all OSHA Regulations WARRANTY: a. Warranty will be for a minimum of twelve (12) months. C: EIGHT (8) CUBIC YARD, SLANT-TOP CONTAINERS MINIMUM SPECIFICATIONS: DIMENSIONS: (Approximate) a. Bottom width - 72” b. Top width - 75” c. Bottom depth - 78” d. Top depth - 76” e. Front height (loading) - 52” f. Back height - 71” BODY: a. Front, rear, and end sheets shall be twelve (12) gauge hot roll steel. b. Floor shall be ten (10) gauge hot roll steel reinforced with three (3), ten (10) gauge, full depth skid channels. c. Top of container shall be reinforced with ten (10) gauge formed channels on the front, rear, and ends. d. Lids will be attached to the baffle plate with seven (7) gauge steel brackets and hinged by a 5/8” steel bar. Hinge bar will be secured by washers and cotter pins. e. Baffle plate to be constructed of ten (10) gauge steel and continuously welded to the top of the container. f. Lift sleeves shall be ten (10) gauge formed channels reinforced with a seven (7) gauge fork guide to assist operator in placing lift forks into channel pocket and to protect the front of the lift pocket. Lift sleeves shall also have four (4) ¼” steel double wall taco gussets each. g. Front of container shall be equipped with a buff plate of seven (7) gauge steel to protect sides and front of container. Buff plate shall be designed to keep the cross bar between the Container Lease Agreement Contract No. 16300397 10 CRC March 17, 2016 forks of the collection truck at least ¾” away from the front of the container. h. Container shall be continuously welded on inside and skip welded at all other seams. i. Container shall be equipped with a drain plug located on the bottom right side as you face the container. j. Each container will have a tab with the serial number stamped on it and securely attached to it. LIDS: a. Two (2) high density, polyethylene lids will be furnished with each container, with all parts needed to attach lids to container included. Lids shall be black. b. Ten (10) complete sets total of replacement lids, hinge rods, washers, and cotter pins will be included with the bid. PAINT: a. Container shall be cleaned of all splatter, grease, weld slag, and dirt. All rough edges and welds shall be ground smooth and the complete container thoroughly sanded before painting. In accordance with paint manufacturer’s specifications. Containers shall receive two (2) coats of resistant red primer, both inside and outside of the container, and one outside finish coat of high grade automotive enamel of the hardest finish available. Color to be maroon. OSHA REGULATIONS: a. Assembled containers must meet all OSHA Regulations. WARRANTY: a. Warranty will be for a minimum of twelve (12) months. D: THIRTY YARD SELF CONTAINED CABLE LIFT ROLL OFF COMPACTORS MINIMUM SPECIFICATIONS: Cable Lift Compactors Hopper Capacity 2 cubic yards Container Capacity 30 cubic yards Charge Box Opening 40” x 60” Loading Height from Platform 37” Loading Height from Ground 49” Weight 10,400 lbs. Cycle Time 24 seconds Normal Operating Pressure 1600 PSI Maximum Operating Pressure 2000 PSI Packing Pressure Per Square Inch PSI 29 lbs. PSI Compaction Force 38,000 lbs. Cylinder Size (2) Double Cylinders – 4” each Container Lease Agreement Contract No. 16300397 11 CRC March 17, 2016 Cylinder Stroke 32” Ram Penetration 8” Hydraulic Pump 12 GPM Electric Motor 10 HP 208-230 / 460V 3 Phase 60 cycle – high torque Control Circuit 110V computer controlled E: COMPACTOR MONITOR SYSTEMS FOR BOTH COMPACTORS Monitor system for usage/security is required for each compactor and is installed at the compactor site. Link is provided to show current system being used for both compactors. http://onepluscorp.com/wp-content/uploads/specsheet_wasteedge200.pdf MINIMUM SPECIFICATIONS: Power Requirements: 120 VAC 60 Hz 20 Watts 1 amp Operation Temperature: - 40° F to + 140° F Enclosure Dimensions: NEMA weatherproof, 14 gauge steel. Hasp for locking. W 11” X H 13-1/2” X D 5” Designed for outdoor use. Container Lease Agreement Contract No. 16300397 12 CRC March 17, 2016 EXHIBIT B INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent B. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins C. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only D. The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas E. The City will not accept “claims made” policies F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain C. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance E. The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Container Lease Agreement Contract No. 16300397 13 CRC March 17, 2016 IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain C. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E. The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. V. Workers’ Compensation Insurance A. Workers compensation insurance shall include the following terms: 1. Employer’s Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy 3. TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY” Container Lease Agreement Contract No. 16300397 14 CRC March 17, 2016 EXHIBIT C CERTIFICATES OF INSURANCE City of College Station - Purchasing Division Bid Tabulation for #16-067 "Lease of Various Refuse Containers" Open Date: Friday, April 22, 2016 @ 2:00 p.m. Item #Estimated Quantity UOM Description Monthly Unit Cost Total Monthly Cost Total Annual Cost (Total Monthly Cost x 12) Monthly Unit Cost Total Monthly Cost Total Annual Cost (Total Monthly Cost x 12) 1 158 each Four (4) Cubic Yard, Slant-Top Containers $7.00 $1,106.00 $13,272.00 $12.75 $2,014.50 $24,174.00 2 5 each Six (6) Subic Yard, Flat-Top Containers With Side Sliding Doors $14.00 $70.00 $840.00 $17.50 $87.50 $1,050.00 3 1053 each Eight (8) Cubic Yard, Slant-Top Containers $14.00 $14,742.00 $176,904.00 $22.00 $23,166.00 $277,992.00 4A 2 each Thirty Yard Self Contained Cable Lift Roll Off Compactors $235.00 $470.00 $5,640.00 $325.00 $650.00 $7,800.00 4B 2 each Compactor Monitor Systems for Both Compactors $75.00 $150.00 $1,800.00 $25.00 $50.00 $600.00 Texas Commercial Waste Total Annual Cost $198,456.00 Brazos Valley Recycling $311,616.00 Exceptions None All containers are new Wastequip containers and built to your specifications. Bid Certification Addendum Acknowledged Y Y Y Y City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0328 Name:Signal Agreement with UPRR at Greens Prairie Trail Status:Type:Agreement Consent Agenda File created:In control:5/21/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on approving a Signal Interconnect Agreement between Union Pacific Railroad and the City of College Station which will allow College Station to construct, maintain and operate a new signal facility at Greens Prairie Trail’s At-Grade Road Crossing Intersection. Sponsors:Donald Harmon Indexes: Code sections: Attachments:2908-58 3Signal Interconnect.pdf Project Map.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on approving a Signal Interconnect Agreement between Union Pacific Railroad and the City of College Station which will allow College Station to construct, maintain and operate a new signal facility at Greens Prairie Trail’s At-Grade Road Crossing Intersection. Relationship to Strategic Goals: ·Core Services and Infrastructure 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 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0328,Version:1 College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ UPRR Folder No. 2908-58 SIGNAL INTERCONNECT AGREEMENT _________________________________________________________________ BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND THE CITY OF COLLEGE STATION COVERING THE CONSTRUCTION, MAINTENANCE & OPERATION OF A NEW SIGNAL FACILITY FOR THE EXISTING GREEN PRAIRIE TRAIL AT-GRADE PUBLIC ROAD CROSSING INTERSECTION (DOT NO.: 441021K) AT MILE POST 65.75 NAVASOTA SUBDIVISION IN OR NEAR COLLEGE STATION, BRAZOS COUNTY, TEXAS UNION PACIFIC RAILROAD COMPANY SIGNAL INTERCONNECT AGREEMENT Standard Form Approved: AVP-Law 10/24/2006 Articles of Agreement Page 1 of 4 UPRR Folder No.: 2908-58 UPRR Audit No.: 280352 SIGNAL INTERCONNECT AGREEMENT ____________________________________________________ THIS AGREEMENT, made this _________ day of ____________________________, 2016, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at 1400 Douglas Street, MS1690, Omaha, Nebraska 68179-1690 (hereinafter "Railroad"), and the CITY OF COLLEGE STATION, to be addressed at PO Box 9960, College Station TX 77842 (hereinafter "Licensee"). WITNESSETH: WHEREAS, Licensee desires to undertake as its project the installation of highway traffic control signals at the intersection of Green Prairie Trail in College Station, Brazos County, Texas, as shown on the Railroad Location Print, marked Exhibit A, hereto attached and hereby made a part hereof; and WHEREAS, Railroad has grade crossing protection devices at the intersection of its track and this public road crossing at Mile Post 65.75, Navasota Subdivision; and WHEREAS, if necessary, Railroad agrees to install the necessary relays and other materials required to interconnect and coordinate the operation of said railroad grade crossing protection devices with the operation of said highway traffic control signals. If necessary, the Licensee will also install an underground traffic signal upon the Railroad’s right of way from the aforesaid traffic signal to the railroad grade crossing protection device. Said work is to be performed at the sole expense of Licensee; and WHEREAS, Licensee and Railroad, severally and collectively, desire to interconnect and coordinate the operation of said signals. AGREEMENT: NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereunder set forth, it is agreed as follows: ARTICLE 1 – LIST OF EXHIBITS Exhibit A Railroad Location Print Exhibit B Form of Contractor’s Right of Entry Agreement UNION PACIFIC RAILROAD COMPANY SIGNAL INTERCONNECT AGREEMENT Standard Form Approved: AVP-Law 10/24/2006 Articles of Agreement Page 2 of 4 ARTICLE 2 - SCOPE OF WORK a). Licensee and Railroad, severally and collectively, agree to interconnect and coordinate the operation of the railroad grade crossing protection devices with the operation of the highway traffic control signals at Mile Post 65.75, on the Navasota Subdivision. b). Railroad agrees to: install a signal interconnect box for traffic signal operation providing advanced pre-emption. Railroad further agrees to install the necessary relays and other materials required for the interconnect. c). Railroad hereby grants permission and authority to Licensee and/or its contractor to install the conduit with the necessary wiring on Railroad right of way at the location shown on Exhibit A. ARTICLE 3 - CONSTRUCTION AND MAINTENANCE The Licensee, at its expense, shall furnish all labor, material, equipment and supervision for the installation and maintenance of highway traffic control signals at the intersection described above at DOT 441021K. ARTICLE 4 - PAYMENT In addition to the payment set forth in Article 1B above, in consideration of Licensee's agreement to perform and abide by the terms of this Agreement and the work to be performed by Railroad, Licensee agrees to pay Railroad an administrative fee of ONE THOUSAND DOLLARS ($1,000.00) upon the execution of this Agreement. ARTICLE 5 - CONDITIONS a). Except as set forth in Article 5, Licensee shall not be liable to Railroad on account of any failure of Railroad's flasher lights to operate properly nor shall Railroad have or be entitled to maintain any action against Licensee arising from any failure from Railroad's flasher lights to operate properly. Similarly, Railroad shall not be liable to Licensee on account of any failure of Licensee’s traffic signal to operate properly nor shall Licensee have or be entitled to maintain any action against Railroad arising from any failure of Licensee’s traffic signal to operate properly. b). Licensee reserves the right to cancel this agreement for any reason and at any time prior to Railroad proceeding with any part of the work outlined herein. c). 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. Licensee or its contractor(s) 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 number, 7 day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's premises to be used by Licensee or its contractor(s). If it is, Licensee or its contractor(s) will telephone the telecommunication company(ies) in volved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on Railroad's premises. UNION PACIFIC RAILROAD COMPANY SIGNAL INTERCONNECT AGREEMENT Standard Form Approved: AVP-Law 10/24/2006 Articles of Agreement Page 3 of 4 ARTICLE 6 - INTERFERENCE Each party shall take all suitable precautions to prevent any interference (by induction, leakage of electricity or otherwise) with the operation of the other party’s signals or communications lines, or those of its tenants; and if, at any time, the operation or maintenance of its signals results in any electrostatic effects, the party whose signals are causing the interference shall, at its expense, immediately take such action as may be necessary to eliminate such interference. ARTICLE 7 - GENERAL PROVISIONS a). If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. b). It is the intent of both (all) parties that no third party beneficiaries be created by this agreement. ARTICLE 8 - CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE a). If the Licensee will be hiring a contractor or contractors to perform any work involving the Project (including initial construction and any subsequent relocation or maintenance and repair work), the Licensee shall require its contractor(s) to (i) execute the Railroad's then current Contractor's Right of Entry Agreement; (ii) obtain the insurance coverage described in Exhibit C of the current Contractor's Right of Entry Agreement; and (iii) provide the insurance policies, certificates, binders and/or endorsements to Railroad that are required in Exhibit C of the current Contractor's Right of Entry Agreement before allowing any of its contractor(s) and their respective subcontractors to commence any work in the Crossing Area or on any other Railroad property. b). The Licensee acknowledges receipt of a copy of Railroad's current Contractor's Right of Entry Agreement, attached hereto as Exhibit B and hereby made a part hereof, and confirms that it will inform its contractor(s) that it/they and their subcontractors are required to execute such form of agreement before commencing any work on any Railroad property. Under no circumstances will Licensee's contractor(s) or any subcontractors be allowed on to 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 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, MS1690 Omaha, NE 68179-1690 UPRR Folder No. 2908-58 d). If the Licensee's own employees will be performing any of the Project work, the Licensee may self-insure all or a portion of the insurance coverage subject to Railroad's prior review UNION PACIFIC RAILROAD COMPANY SIGNAL INTERCONNECT AGREEMENT Standard Form Approved: AVP-Law 10/24/2006 Articles of Agreement Page 4 of 4 and approval. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate on the day and year first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By________________________________________ ATTEST: ________________________________________ CITY OF COLLEGE STATION By_____________________________________ Printed Name:_____________________________________ Title:____________________________________________ EXHIBIT A To Signal Interconnect 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 B To Signal Interconnect Agreement Cover Sheet for the 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. 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:116-0329 Name:Electric Compliance Consulting Contract 16300362 Status:Type:Contract Consent Agenda File created:In control:5/23/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion regarding the award of RFQ 16-041 to GDS Associates, Inc. in the amount of $80,000 for Electric NERC compliance consulting services. Sponsors:Timothy Crabb Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the award of RFQ 16-041 to GDS Associates, Inc. in the amount of $80,000 for Electric NERC compliance consulting services. Relationship to Strategic Goals: ·Financially Sustainable City ·Core Services and Infrastructure Recommendation(s): Staff recommends the approval of contract for this RFQ to GDS Associates, Inc. in the amount of $80,000. Summary: This contract is for consultation services to assist COCS with activities related to maintaining compliance with Mandatory Reliability Standards in accordance with North American Electric Reliability Council (NERC),Texas Reliability Entity (Texas RE),and Electric Reliability Council of Texas (ERCOT).This project includes:assisting COCS with internal reviews and/or audits;assisting COCS with periodic reporting or self-logging;assisting COCS with implementing new or revised standards in advance of the effective date,including developing process/procedures and ensuring COCS Subject Matter Experts (SME’s)have a full understanding of Standards and Requirements; providing guidance on other NERC,Texas RE,and ERCOT Compliance Monitoring and Enforcement (CMEP)or Rules of Procedure (RoP)activities as appropriate and requested;and,providing training for COCS staff on NERC,Texas RE,and ERCOT CMEP or RoP activities,standards,and guidelines. Budget & Financial Summary: College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0329,Version:1 Funds for this program are available in the FY16 Electric Utility operating budget. Attachments: 1.Contract No. 16300362 is available in the City Secretary’s Office. College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0333 Name:Various Electric Items Status:Type:Presentation Consent Agenda File created:In control:5/23/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on a bid award for annual price agreements for various electrical items to be stored in inventory as follows: KBS Electric Distributors: $97,493, Stuart C. Irby: $31,802; Graybar Electric: $55,135.30; Techline, Inc.: $244,126.75; Schweitzer Engineering Laboratories Inc.: $36,900. Total estimated annual expenditure is $465,457.05. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:16-069 Tabulation Action ByDate Action ResultVer. Presentation,possible action,and discussion on a bid award for annual price agreements for various electrical items to be stored in inventory as follows:KBS Electric Distributors:$97,493,Stuart C.Irby: $31,802;Graybar Electric:$55,135.30;Techline,Inc.:$244,126.75;Schweitzer Engineering Laboratories Inc.: $36,900. Total estimated annual expenditure is $465,457.05. Relationship to Strategic Goals: 1.Financially Sustainable City 2.Core Services and Infrastructure Recommendation(s):Staff recommends awards to the lowest responsible bidder meeting specifications for annual estimated expenditures totaling $465,457.05. 1.KBS Electrical Distributors $97,493.00 2.Stuart C. Irby $31,802.00 3.Graybar Electric $55,135.30 4.Techline, Inc $244,126.75 5.Schweitzer Engineering Laboratories $36,900.00 Summary:These purchases will be made as needed during the term of the agreement.The various electrical items are maintained in Electrical Inventory in an inventory account and expensed as necessary during the agreement period.The purchasing agreement period shall be for one (1)year with the option to renew for two (2) additional one (1) year terms. Budget &Financial Summary:Six (6)sealed,competitive bids were received and opened on May 5, 2016.Two additional bids arrived past the submission deadline and were returned unopened to the vendors.Funds are budgeted and available in the Electrical Fund.Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed and Approved by Legal:N/A College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0333,Version:1 Attachments:Bid Tabulation #16-069 College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ City of College Station Annual Price Agreement for Various Electrical Items ITB #16-069 Opened May 5, 2016 @ 2:00 PM 1 Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery Group "A" Materials 15kV Underground Cable Accessories Item NoEst. Qty Description Inv No. A-1 500 ea Disconnectable Secondary Transformer Connector 285-008-00007 Polaris $9.70 $4,850.00 4-6 wks CMC $9.97 $4,985.00 2-4 wks CMC $11.08 $5,540.00 4-6 wks A-2 300 ea Disconnectable Secondary Transformer Connector 285-008-00008 CMC $16.25 $4,875.00 2-3 wks CMC $16.10 $4,830.00 4 wks Polaris $16.36 $4,908.00 4-6 wks A-3 40 ea Deadbreak T-OPII Connector 285-022-00036 Cooper $243.00 $9,720.00 8 wks Cooper $247.61 $9,904.40 8 wks Cooper $338.09 $13,523.60 4-6 wks A-4 25 ea Inline Splice 285-076-00002 3M $30.35 $758.75 2 wks 3M $30.34 $758.50 2-4 wks 3M $39.22 $980.50 4-6 wks A-5 60 ea Splice Re-jacketing Kit, cold shrink type 285-076-00005 3M $48.30 $2,898.00 2 wks 3M $47.77 $2,866.20 2-4 wks 3M $43.52 $2,611.20 3-4 wks A-6 90 ea Inline Splice 285-076-00007 3M $521.00 $46,890.00 2 wks 3M $536.61 $48,294.90 2-4 wks 3M $493.34 $44,400.60 3-4 wks A-7 100 ea Cable Terminator 285-082-00003 Elastimold $49.95 $4,995.00 12 wks Elastimold $42.44 $4,244.00 2-4 wks A-8 100 ea Elbow Arrester 285-082-00005 Cooper $56.00 $5,600.00 stk -8 wks Cooper $55.17 $5,517.00 8 wks Cooper $80.61 $8,061.00 3-4 wks A-9 50 ea Cable Terminator Cold Shrink Type 285-082-00010 3M $113.80 $5,690.00 2 wks 3M $114.55 $5,727.50 2-4 wks 3M $108.05 $5,402.50 2-4 wks A-10 50 ea Pole Top Terminator Cold Shrink 285-082-00016 3M $66.30 $3,315.00 2 wks 3M $66.66 $3,333.00 2-6 wks 3M $75.81 $3,790.50 2-4 wks A-11 50 ea Parking Stand Arrester 285-082-00022 Cooper $128.60 $6,430.00 stk -8 wks Cooper $130.47 $6,523.50 8 wks Cooper $169.69 $8,484.50 4-6 wks A-12 500 ea Loadbreak Elbow, Jacket Seal Type 285-082-00028 Cooper $27.58 $13,790.00 3-4 wks Cooper $27.52 $13,760.00 4-5 wks Elastimold $31.48 $15,740.00 2-4 wks A-13 150 ea Protective Cap 285-095-00004 Cooper $18.40 $2,760.00 stk-4 wks Cooper $18.30 $2,745.00 3-4 wks Cooper $18.14 $2,721.00 4-6 wks A-14 600 ea Loadbreak Bushing Insert 285-095-00006 Cooper $18.90 $11,340.00 stk-4wks Cooper $19.39 $11,634.00 3-4 wks Cooper $20.29 $12,174.00 4-6 wks A-15 10 ea Rotatable Two-Way Bushing Insert 285-095-00007 Cooper $105.30 $1,053.00 3-4 wks Cooper $105.47 $1,054.70 3-4 wks Cooper $108.25 $1,082.50 4-6 wks A-16 300 ea Underground Faulted Circuit Indicator 285-111-00002 Fisher Pierce $137.00 $41,100.00 10-12 wks SEL $136.97 $41,091.00 6 wks SEL $132.26 $39,678.00 3-4 wks Group A Recommended Award Total Group "B" Materials - Overhead Cable and Pole Accessories B-1 200 ea Riser Pole Arrester 10 KV 285-003-00005 Cooper $32.40 $6,480.00 stk-8wks Cooper $32.29 $6,458.00 8 wks Hubbell $42.22 $8,444.00 7-8 wks B-2 400 ea Arrester & Bracket for Polemount Transformers 285-003-00007 Cooper $26.90 $10,760.00 stk-6 wks Cooper $27.07 $10,828.00 6 wks Cooper $32.97 $13,188.00 4-6 wks B-3 400 ea Conduit Standoff Bracket 285-047-00108 Barfield $17.50 $7,000.00 3-4 wks Barfield $17.74 $7,096.00 2-4 wks Barfield $18.22 $7,288.00 4-6 wks B-4 500 ea Mounting Plate for Metal Banding Strap 285-047-00119 Band-It $15.29 $7,645.00 2 wks Band-It $13.84 $6,920.00 2-4 wks Band-It $309.33 $154,665.00 2-3 wks B-5 500 ea Bolt Clamp for Metal Branding Strap 285-047-00120 Band-It $24.38 $12,190.00 2 wks Band-It $23.70 $11,850.00 2-4 wks Band-It $502.30 $251,150.00 2-3 wks B-6 300 ea Arrestor Protective Cap M285-003-00008 Kaddas $10.59 $3,177.00 3-4 wks Kaddas $8.95 $2,685.00 4 wks Kaddas $9.17 $2,751.00 4-6 wks B-7 1000 ea 1/0 H-Tap Copper Connector M285-022-00003 Blackburn $1.59 $1,590.00 2-3 wks Blackburn $1.52 $1,520.00 2-4 wks Blackburn $1.82 $1,820.00 stock B-8 300 ea Small Hotline Clamp M285-047-00027 CMC $6.40 $1,920.00 4-6 wks Maclean $6.67 $2,001.00 1-2 wks Maclean $6.86 $2,058.00 2 wks Group B Recommended Award Total Group "C" Materials - Pad-mount Enclosure Junction Boxes & Pull Boxes C-1 15 ea Pull Box, 36x60x48 285-045-00007 CDR/ Quazite $3,496.00 $52,440.00 3-4 wks Armorcast *$999.90 $14,998.50 6-8 wks Quazite $2,717.94 $40,769.10 7-8 wks C-2 20 ea Pull Box , 48x96x48 285-045-00008 CDR/ Quazite $7,465.00 $149,300.00 3-4 wks Armorcast *$2,666.66 $53,333.20 6-8 wks Quazite $5,866.80 $117,336.00 7-8 wks C-3 12 ea Pull Box Extension 24" for 48x96x48 285-045-00012 CDR/ Quazite $3,250.00 $39,000.00 3-4 wks Armorcast $937.42 $11,249.04 6-8 wks Quazite $2,396.83 $28,761.96 7-8 wks C-4 300 ea Secondary Pedestal 285-045-00009 CDR/ Quazite $198.00 $59,400.00 3-4 wks Armorcast $116.40 $34,920.00 6-8 wks Quazite $177.54 $53,262.00 7-8 wks C-5 5 ea Torsion Assist Lids 285-045-00013 CDR/ Quazite $8,621.00 $43,105.00 3-4 wks Armorcast $4,265.50 $21,327.50 6-8 wks Group C Recommended Award Total Group D - Crossarm Braces D-1 60 ea HD Dead End 8'285-047-00088 PUPI $192.00 $11,520.00 Stk Aluma-Form $191.66 $11,499.60 4-5 wks Shakespeare $213.65 $12,819.00 4-6 wks D-2 150 ea Standard Duty Crossarm 8'285-047-00093 PUPI $87.50 $13,125.00 4-6 wks Aluma-Form $102.52 $15,378.00 4-5 wks Shakespeare $102.72 $15,408.00 4-6 wks D-3 100 ea Standard Duty Crossarm 10'285-047-00094 PUPI $104.00 $10,400.00 4-6 wks Aluma-Form $126.15 $12,615.00 4-5 wks Shakespeare $114.76 $11,476.00 4-6 wks D-4 20 ea HD Deadend 10'285-047-00099 PUPI $209.00 $4,180.00 Stk Aluma-Form $257.25 $5,145.00 4-5 wks Shakespeare $213.65 $4,273.00 4-6 wks Group D Recommended Award Total Group E - Miscellaneous Materials E-1 250 ea Pole Setting Foam 285-065-00019 Utility Structural $68.42 $17,105.00 stk Poly-Set $68.88 $17,220.00 1-2 wks USS $70.31 $17,577.50 Stock E-2 12 ea 600/1200 amp Air Switch with S-2 Option 285-077-00004 E-3 100 ea S&C Wildlife Guards 285-102-00003 S&C *$194.00 $19,400.00 6-8 wks S&C $295.00 $29,500.00 8 wks Group E Recommended Award Total Total Recommended Award Amount Certification of Bid Addendum Acknowledged Exceptions Notes: Item A-1 Item is being awarded based on delivery time. Item C-3 Pull Box and Extensions must be the same manufacturer. Item C-3 to be awarded to Techline as they won all the Pull Boxes. Bids were recevied past the submission deadline by the following vendors and returned unopened: HD Supply Wesco $55,135.30 Graybar Electric $55,135.30 $8,920.00 $23,525.00 $36,505.00 $97,493.00 Y * Item E-3 - Per S&C, The SDA-4095 will not work with the current R4 vintage upright style switch. Would need Cat# SDA- 5178 Stuart C. Irby $10,347.00 $21,455.00 $31,802.00 Y Y Y * Minimum Order Qty 4 KBS Electrical Distributors $28,543.00 Y N City of College Station Annual Price Agreement for Various Electrical Items ITB #16-069 Opened May 5, 2016 @ 2:00 PM 2 Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group "A" Materials 15kV Underground Cable Accessories Item NoEst. Qty Description Inv No. A-1 500 ea Disconnectable Secondary Transformer Connector 285-008-00007 A-2 300 ea Disconnectable Secondary Transformer Connector 285-008-00008 A-3 40 ea Deadbreak T-OPII Connector 285-022-00036 A-4 25 ea Inline Splice 285-076-00002 A-5 60 ea Splice Re-jacketing Kit, cold shrink type 285-076-00005 A-6 90 ea Inline Splice 285-076-00007 A-7 100 ea Cable Terminator 285-082-00003 A-8 100 ea Elbow Arrester 285-082-00005 A-9 50 ea Cable Terminator Cold Shrink Type 285-082-00010 A-10 50 ea Pole Top Terminator Cold Shrink 285-082-00016 A-11 50 ea Parking Stand Arrester 285-082-00022 A-12 500 ea Loadbreak Elbow, Jacket Seal Type 285-082-00028 A-13 150 ea Protective Cap 285-095-00004 A-14 600 ea Loadbreak Bushing Insert 285-095-00006 A-15 10 ea Rotatable Two-Way Bushing Insert 285-095-00007 A-16 300 ea Underground Faulted Circuit Indicator 285-111-00002 Group A Recommended Award Total Group "B" Materials - Overhead Cable and Pole Accessories B-1 200 ea Riser Pole Arrester 10 KV 285-003-00005 B-2 400 ea Arrester & Bracket for Polemount Transformers 285-003-00007 B-3 400 ea Conduit Standoff Bracket 285-047-00108 B-4 500 ea Mounting Plate for Metal Banding Strap 285-047-00119 B-5 500 ea Bolt Clamp for Metal Branding Strap 285-047-00120 B-6 300 ea Arrestor Protective Cap M285-003-00008 B-7 1000 ea 1/0 H-Tap Copper Connector M285-022-00003 B-8 300 ea Small Hotline Clamp M285-047-00027 Group B Recommended Award Total Group "C" Materials - Pad-mount Enclosure Junction Boxes & Pull Boxes C-1 15 ea Pull Box, 36x60x48 285-045-00007 C-2 20 ea Pull Box , 48x96x48 285-045-00008 C-3 12 ea Pull Box Extension 24" for 48x96x48 285-045-00012 C-4 300 ea Secondary Pedestal 285-045-00009 C-5 5 ea Torsion Assist Lids 285-045-00013 Group C Recommended Award Total Group D - Crossarm Braces D-1 60 ea HD Dead End 8'285-047-00088 D-2 150 ea Standard Duty Crossarm 8'285-047-00093 D-3 100 ea Standard Duty Crossarm 10'285-047-00094 D-4 20 ea HD Deadend 10'285-047-00099 Group D Recommended Award Total Group E - Miscellaneous Materials E-1 250 ea Pole Setting Foam 285-065-00019 E-2 12 ea 600/1200 amp Air Switch with S-2 Option 285-077-00004 E-3 100 ea S&C Wildlife Guards 285-102-00003 Group E Recommended Award Total Total Recommended Award Amount Certification of Bid Addendum Acknowledged Exceptions Notes: Item A-1 Item is being awarded based on delivery time. Item C-3 Pull Box and Extensions must be the same manufacturer. Item C-3 to be awarded to Techline as they won all the Pull B Bids were recevied past the submission deadline by the following vendors and returned unopened: HD Supply Wesco Unit Total Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Manufacturer Price Price Delivery CMC $12.00 $6,000.00 3-5 wks CMC $9.70 $4,850.00 stk-4 wks CMC $19.00 $5,700.00 3-5 wks Homac $16.25 $4,875.00 2-3 wks 3M $32.76 $819.00 3-5 wks 3M $29.75 $743.75 stk-2 wks 3M $51.70 $3,102.00 3-5 wks 3M $47.00 $2,820.00 2-3 wks 3M $580.00 $52,200.00 3-5 wks 3M $522.00 $46,980.00 2-4 wks Elastimold $42.00 $4,200.00 8-10 wks Elastimold $57.00 $5,700.00 2-4 wks 3M $123.67 $6,183.50 3-5 wks 3M $110.00 $5,500.00 2-4 wks 3M $72.27 $3,613.50 3-5 wks 3M $62.00 $3,100.00 stk Elastimold $135.00 $6,750.00 2-4 wks Elastimold $27.25 $13,625.00 2-4 wks Elastimold $18.45 $2,767.50 2-4 wks Elastimold $19.25 $11,550.00 stk Elastimold $128.00 $1,280.00 4-6 wks SEL $157.00 $47,100.00 3-5 wks SEL $133.00 $39,900.00 4-6 wks SEL $123.00 $36,900.00 5 wks Ohio Brass $32.00 $6,400.00 2-3 wks Ohio Brass $26.25 $10,500.00 2-4 wks Barfield $18.25 $7,300.00 4-6 wks Barfield $17.75 $7,100.00 stk Kaddas $10.00 $3,000.00 3-5 wks Kadas $9.17 $2,751.00 2-3 wks Blackburn $1.50 $1,500.00 stk Hubbell $6.55 $1,965.00 stk Quazite $915.00 $13,725.00 3-4 wks Quazite $2,405.00 $48,100.00 3-4 wks Quazite $1,025.00 $12,300.00 3-4 wks Quazite $105.24 $31,572.00 3-4 wks Quazite $4,135.00 $20,675.00 4-6 wks PUPI $200.00 $12,000.00 1-2 wks Shakespeare $185.00 $11,100.00 4-6 wks PUPI $91.00 $13,650.00 2-4 wks Shakespeare $92.00 $13,800.00 4-6 wks PUPI $125.00 $12,500.00 2-4 wks Shakespeare $113.00 $11,300.00 4-6 wks PUPI $231.00 $4,620.00 4-6 wks Shakespeare $206.80 $4,136.00 4-6 wks BMK $81.25 $20,312.50 stk Interia w/S&C wildlife protection $4,800.00 $57,600.00 8-10 wks S&C $238.00 $23,800.00 6-8 wks Schweitzer Engineering Labroratories, Inc. $36,900.00 Techline, Inc. $244,126.75 Texas Electric Cooperatives $15,236.00 Y Y $0.00 $57,600.00 Y $36,900.00 Y Y Y $26,518.75 $18,400.00 $126,372.00 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0335 Name:Electric Substation Materials Status:Type:Presentation Consent Agenda File created:In control:5/23/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on a bid award for the purchase of three (3) 145kV potential transformers and three (3) Outdoor Breakers, which will be maintained in electrical inventory and expended as needed. The total recommended award is $94,422 and will be awarded by line item to the lowest responsible bidders. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:16-070 Tabulation Action ByDate Action ResultVer. Presentation,possible action,and discussion on a bid award for the purchase of three (3)145kV potential transformers and three (3)Outdoor Breakers,which will be maintained in electrical inventory and expended as needed.The total recommended award is $94,422 and will be awarded by line item to the lowest responsible bidders. Relationship to Strategic Goals:Core Services and Infrastructure Recommendation(s):Staff recommends award to the lowest responsible bidder meeting the specifications as follows: Item A1 - J.H. Davidson & Associates, LLC $25,722.00 Item B1 - Wesco Distribution, Inc.$68,700.00 Total Award $94,422.00 Summary:On May 11,2016,three (3)sealed bids were received and opened for Invitation to Bid 16- 070.Electric staff evaluated the bids for compliance to the needed specifications.Staff is recommending award to the lowest responsible bidders who met all specifications.The bid submitted by Priester-Mell & Nicholson was considered non-compliant because they did not meet the specification requirements of Item B1.A fourth bid was received after the submission deadline and was returned to the vendor unopened. Upon Council approval,purchase orders will be issued to J.H Davidson &Associates,LLC,and Wesco Distribution,Inc.The materials will be placed and maintained in the electrical inventory and expensed as needed. Budget &Financial Summary:Funds are budgeted and available in the Electrical Fund.Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed and Approved by Legal:N/A College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0335,Version:1 Attachments:Bid Tabulation #16-070 College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #16-070 "Purchase of Electric Substation Materials" Open Date: Wednesday, May 11, 2016 @ 2:00 p.m. Item Qty Description Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost A1 3 145 kV Potential Transformer $8,574.00 $25,722.00 Manufacturer Catalog No. Delivery Time (weeks) B1 3 Outdoor Breaker $22,098.00 $66,294.00 $22,900.00 $68,700.00 Manufacturer Catalog No. Delivery Time (weeks) Total Recommended Award Bid Certification Notes A bid was recevied from Texas Electric Cooperative after the submission deadline, and was returned unopened to the vendor. 19 wks ARO No Bid No Bid Priester-Mell & Nicholson Wesco J.H. Davidson & Associates, LLC ABB, Inc L741200T0-803 No Bid Exceptions attached to bid were found to be acceptable by CSU. Y Y Y $68,700.00 $25,722.00 ABB Siemens item was found non- compliant with the bid specifications. 16-18 wks Siemens SDV-MA-15kV-20kA-1200A MB11130CCMH5KMZ402 15-20 wks City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0336 Name:Annual Meter & Sockets Status:Type:Agreement Consent Agenda File created:In control:5/23/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on a bid award for the annual price agreement for electric meters and sockets, to be stored in inventory, as follows: Priester-Mell & Nicholson: $160,891.14; KBS Electrical Distributors: $12,465; Anixter: $117,000. Total estimated annual expenditure is $290,356.14. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:16-071 Tabulation Action ByDate Action ResultVer. Presentation,possible action,and discussion on a bid award for the annual price agreement for electric meters and sockets,to be stored in inventory,as follows:Priester-Mell &Nicholson:$160,891.14;KBS Electrical Distributors: $12,465; Anixter: $117,000. Total estimated annual expenditure is $290,356.14. Relationship to Strategic Goals: 1.Financially Sustainable City 2.Core Services and Infrastructure Recommendation(s):Staff recommends awards to the lowest responsible bidder meeting specifications for annual estimated expenditures totaling $286,391.14. 1.Priester-Mell & Nicholson $160,891.14 2.KSB Electrical Distributors $ 12,465.00 3.Anixter $117,000.00 Summary:Six (6)sealed,competitive bids were received and opened on May 13,2016.The Warehouse staff evaluated the bid and made recommendations based on the requirements and specifications of each item.These purchases will be made as needed during the term of the agreement.The various electrical meters and sockets are maintained in Electrical Inventory in an inventory account and expensed as necessary during the agreement period.The purchasing agreement period shall be for one (1)year with the option to renew for two additional one (1) year terms. Budget &Financial Summary:Funds are budgeted and available in the Electrical Fund.Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed and Approved by Legal:N/A Attachments:Bid Tabulation #16-071 College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0336,Version:1 College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for # 16-071 "Annual Purchase of Electric Meters and Sockets" Open Date: Friday, May 13, 2016 @ 2:00 p.m. Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Group A - Meter Sockets A-1 50 ea Meter Socket, Overhead, 200 amp 285-063-00003 Milbank $27.88 $1,394.00 3-4 wks Milbank $30.10 $1,505.00 stk-3 wks A-2 500 ea Meter Socket, Underground, 200 amp 285-063-00004 Milbank $28.48 $14,240.00 3-4 wks Milbank $36.27 $18,135.00 stk-3 wks A-3 30 ea Meter Socket, URD or O/H, 320 amp 285-063-00006 Milbank $156.71 $4,701.30 3-4 wks Milbank $201.60 $6,048.00 3-4 wks A-4 30 ea Meter Socket, Underground, 200 amp 285-063-00008 Milbank $105.81 $3,174.30 3-4 wks Milbank $114.25 $3,427.50 3-4 wks A-5 50 ea Meter Socket Bases, 13 Terminal 285-063-00011 Milbank $170.00 $8,500.00 3-4 wks Milbank $249.30 $12,465.00 3-4 wks A-6 10 ea Meter Socket, Duplex Type 285-063-00013 Milbank $114.94 $1,149.40 3-4 wks Milbank $161.89 $1,618.90 3-4 wks Group A Recommended Award Total Group B - Meters B-1 800 ea Electric Meter, Class 200 no Demand 285-061-00064 Itron $23.89 $19,112.00 3-6 wks B-2 20 ea Electric Meter, Class 20 w Demand 285-061-00008 Itron $97.50 $1,950.00 3-6 wks B-3 40 ea Electric Meter, Class 320 w Demand 285-061-00005 Itron $97.50 $3,900.00 3-6 wks B-4 80 ea Electric Meter, Class 20 w Demand 285-061-00050 Itron $134.89 $10,791.20 3-6 wks B-5 50 ea Electric Meter, Class 200 w Demand 285-061-00052 Itron $134.89 $6,744.50 3-6 wks B-6 12 ea Electric Meter, Class 320 w Demand 285-061-00060 Itron $155.25 $1,863.00 3-6 wks B-7 800 ea Electric Meter, Class 200 w Demand 285-061-00056 Itron $106.49 $85,192.00 3-6 wks B-8 72 ea Electric Meter, Class 200 w Demand 285-061-00058 Itron $92.77 $6,679.44 3-6 wks B-7 50 ea Transmission Revenue Meter 285-061-00066 No Bid Group B Recommended Award Total Total Recommended Award Amount Certification of Bid Exceptions Priester-Mell & Nicholson KBS Electrical Distributors $24,659.00 $12,465.00 $136,232.14 $160,891.14 $12,465.00 Item A5 was not quoted being pre-wired per the specifications. YY City of College Station - Purchasing Division Bid Tabulation for # 16-071 "Annual Purchase of Electric Meters and Sockets" Open Date: Friday, May 13, 2016 @ 2:00 p.m. Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group A - Meter Sockets A-1 50 ea Meter Socket, Overhead, 200 amp 285-063-00003 A-2 500 ea Meter Socket, Underground, 200 amp 285-063-00004 A-3 30 ea Meter Socket, URD or O/H, 320 amp 285-063-00006 A-4 30 ea Meter Socket, Underground, 200 amp 285-063-00008 A-5 50 ea Meter Socket Bases, 13 Terminal 285-063-00011 A-6 10 ea Meter Socket, Duplex Type 285-063-00013 Group A Recommended Award Total Group B - Meters B-1 800 ea Electric Meter, Class 200 no Demand 285-061-00064 B-2 20 ea Electric Meter, Class 20 w Demand 285-061-00008 B-3 40 ea Electric Meter, Class 320 w Demand 285-061-00005 B-4 80 ea Electric Meter, Class 20 w Demand 285-061-00050 B-5 50 ea Electric Meter, Class 200 w Demand 285-061-00052 B-6 12 ea Electric Meter, Class 320 w Demand 285-061-00060 B-7 800 ea Electric Meter, Class 200 w Demand 285-061-00056 B-8 72 ea Electric Meter, Class 200 w Demand 285-061-00058 B-7 50 ea Transmission Revenue Meter 285-061-00066 Group B Recommended Award Total Total Recommended Award Amount Certification of Bid Exceptions Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery Milbank $44.00 $2,200.00 3 wks Milbank $47.00 $2,350.00 4-6 wks Milbank $44.00 $22,000.00 1 wk Milbank $50.00 $25,000.00 6-8 wks Milbank $205.00 $6,150.00 4-5 wks Milbank $234.00 $7,020.00 6-8 wks Milbank $116.00 $3,480.00 1 wk Milbank $132.00 $3,960.00 4-6 wks Milbank $254.00 $12,700.00 4-5 wks Milbank $289.00 $14,450.00 6-8 wks Milbank $163.00 $1,630.00 1 wk Milbank $186.00 $1,860.00 4-6 wks L&G $34.00 $27,200.00 8-10 wks L&G $94.00 $1,880.00 16 wks L&G $101.00 $4,040.00 Stk STTPS L&G $382.00 $30,560.00 16 wks L&G $382.00 $19,100.00 16 wks L&G $157.00 $125,600.00 16 wks L&G $382.00 $27,504.00 16 wks SEL $2,340.00 $117,000.00 3-4 wks Anixter Inc.Texas Electric Cooperatives $117,000.00 $117,000.00 Y Y Item B2 disqualified for excessive lead time. City of College Station - Purchasing Division Bid Tabulation for # 16-071 "Annual Purchase of Electric Meters and Sockets" Open Date: Friday, May 13, 2016 @ 2:00 p.m. Bid total was corrected using the unit price Recommended Award Low Bid not acceptable or did not meet specifications Exceptions as listed below Group A - Meter Sockets A-1 50 ea Meter Socket, Overhead, 200 amp 285-063-00003 A-2 500 ea Meter Socket, Underground, 200 amp 285-063-00004 A-3 30 ea Meter Socket, URD or O/H, 320 amp 285-063-00006 A-4 30 ea Meter Socket, Underground, 200 amp 285-063-00008 A-5 50 ea Meter Socket Bases, 13 Terminal 285-063-00011 A-6 10 ea Meter Socket, Duplex Type 285-063-00013 Group A Recommended Award Total Group B - Meters B-1 800 ea Electric Meter, Class 200 no Demand 285-061-00064 B-2 20 ea Electric Meter, Class 20 w Demand 285-061-00008 B-3 40 ea Electric Meter, Class 320 w Demand 285-061-00005 B-4 80 ea Electric Meter, Class 20 w Demand 285-061-00050 B-5 50 ea Electric Meter, Class 200 w Demand 285-061-00052 B-6 12 ea Electric Meter, Class 320 w Demand 285-061-00060 B-7 800 ea Electric Meter, Class 200 w Demand 285-061-00056 B-8 72 ea Electric Meter, Class 200 w Demand 285-061-00058 B-7 50 ea Transmission Revenue Meter 285-061-00066 Group B Recommended Award Total Total Recommended Award Amount Certification of Bid Exceptions Unit Total Unit Total Manufacturer Price Price Delivery Manufacturer Price Price Delivery TMD Recert. Green $17.00 $13,600.00 2 wks TMD Recert. Green $110.00 $4,400.00 2 wks TMD Recert. Green $100.00 $8,000.00 2 wks TMD Recert. Green $100.00 $5,000.00 2 wks TMD Recert. Green $110.00 $1,320.00 2 wks TMD Recert. Green $100.00 $7,200.00 2 wks Schneider Electric $2,492.41 $124,620.50 4 wks Texas Meter & Device Schneider Electric Additional Terms & Conditions attached to bid. Y Y Items bid are rebuilt meters, and are unacceptable for this bid. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0338 Name:TexPool Resolution Status:Type:Presentation Consent Agenda File created:In control:5/23/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, TexPool. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:TexPool Resolution Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, TexPool. Recommendation(s):Staff recommends approval of the resolution. Summary:Organized in 1989, TexPool is the largest and oldest local government investment pool in the State of Texas. TexPool currently provides investment services to over 1,700 communities throughout Texas.The State Comptroller oversees TexPool, and Federated Investors manage the daily operations of the pool under a contract with the Comptroller.TexPool is managed conservatively to provide a safe, efficient, and liquid investment alternative to Texas governments. The pool seeks to maintain a $1.00 value per share as required by the Texas Public Funds Investment Act. TexPool investments consist exclusively of U. S. Government securities, repurchase agreements collateralized by U. S. Government securities, and AAA-rated no-load money market mutual funds. TexPool is rated AAAm by Standard & Poor's, the highest rating a local government investment pool can achieve. The weighted average maturity of the pool cannot exceed 60 days, with the maximum maturity of any investment limited to 13 months. TexPool, like the City, is governed by the Texas Public Funds Investment Act. The resolution amendment is to add Treasury Manager, Michael Dehaven as an authorized representative.Kelly Templin, City Manager, Jeff Kersten, Assistant City Manager, Mary Ellen Leonard, Finance Director will remain on the account as designate employees that are able to authorize transactions for the City’s TexPool account. Brandi Whittenton, Finance Analyst will remain as inquiry only contact authorize representative. Budget & Financial Summary:None Reviewed and Approved by Legal:Yes Attachments: 1.Resolution Amending Authorized Representatives College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0338,Version:1 College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ Please use this fortn to amend or designate Authorized Representatives. This document supersedes all prior Authorized Representative forms. Required Fields 1. Resolution WHEREAS, City of College Station Participant Name' Resolution Amending Authorized Representatives 7 8 Location NumbeP ParticipanY') is a Iocai govemment of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Govemment Investment Pool ("TexPooU Texpool Prime"), a public funds investment pooi, were created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. NOW THEREFORE, be it resolved as foilows: A. That the individuals, whose signatures appear in this Resolution, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TexPool / TexPool Prime and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. B. That an Authorized Representative of the Participant may be deleted by a written instrument signed by two remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the ParticipanYs TexPool / TexPool Prime account or (2) is no longer employed by the Participant and C. That the Participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant; List the Authorized Representative(s) of the Participant. Any new individuals wili be issued personal identification numbers to transad business with TexPool Participant Services. Kelly Templin Name City Manager Title 2, Jeffrey Kersten Name Assistant City Manager rne FORM CONTINUES ON NEXT PAGE 7 OF 2 3. Mary Ellen Leonard Name Finance Director Title 979) 764-3555 / (979)764-3571 / mleonard@cstx.gov Phone/Fax/Email , _ . Michael Dehaven Name Treasury Manager rtie Signature List the name of the Authorized Representative listed above that will have primary responsibility for pertorming transactions and receiving confirma6ons and monthly statements under the Participation Agreement. Michael Dehaven Name In addition and at the option of the Participant, one additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot pertorm transactions. If the Participant desires to designate a representative with inquiry rights only, complete the following information. Brandi Whittenton Name Finance Analyst Title 979)764-3814 / (979)764-3571 / bwhittenton@cstx.gov Phone/Fax/Email D. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TexPool Participant Services receives a copy of any such amendment or revocation. This Resolution is hereby introduced and adopted by the Participant at its regular/special meeting held on the day , 20 _ Note: Document is to be signed by your Board President, Mayor or County Judge and attested by your Board Secretary, City Secretary or County Clerk. City of College Station Name of PartidpaM' SIGNED Signature' Nancy Berry Printed Name* Mayor Title' ATTEST Signature• Sherry Mashburn Printed Name' City Secretary rtie• The completed Resolution Amending Authorized Representatives can be faxed to TexPool Participant Services at 1-866-839-3291, or mailed to: TexPool Participant Services 1001 Texas Avenue, Suite 1400 Houston, TX 77002 ORIGINAL SIGNATURE AND DOCUMENT REQUIRED TEX-REP TexPool Pazticipant Services 1001 Texas Avenue, Suice 1400 • Housron, TX 77002 Phone: 1-866TEXPOOL (839-7665) • Fa c: 1-866-839-3291 • www.texpooLcom 20F2 Managed and Federated Serviced by G4534417 (7/15) City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0339 Name:TexStar Resolution Status:Type:Resolution Consent Agenda File created:In control:5/23/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, Texas Short Term Asset Reserve (“TexSTAR”). Sponsors:Jeff Kersten Indexes: Code sections: Attachments:TexStar Resolution Action ByDate Action ResultVer. Presentation, possible action, and discussion on a resolution amending the authorized representatives on the local government pool account, Texas Short Term Asset Reserve (“TexSTAR”). Recommendation(s):Staff recommends approval of the resolution. Summary:Organized in 2002, TexSTAR is the second largest local government investment pool in the State of Texas. TexSTAR currently provides investment services to over 600 Texas cities, counties, school districts and other public entities. TexSTAR offers investment options that provide security, liquidity and efficiency and their conservatively managed fund operates in full compliance with the Texas Public Funds Investment Act. TexSTAR’s pool is rated AAAm by Standard & Poor’s, the highest rating a local government investment pool can achieve.The pool seeks to maintain a $1.00 value per share as required by the Texas Public Funds Investment Act and a weighted average maturity of 60 days, with the maximum maturity of any investment limited to 13 months. TexSTAR investments consist exclusively of U. S. Government securities, repurchase agreements collateralized by U. S. Government securities, and AAA-rated no-load money market mutual funds. TexSTAR, like the City, is governed by the Texas Public Funds Investment Act. First Southwest oversees TexSTAR, and JP Morgan Fleming Asset Management manages the daily operations of the pool. The resolution amendment is to add Treasury Manager, Michael Dehaven as an authorized representative. Kelly Templin, City Manager, Jeff Kersten, Assistant City Manager, Mary Ellen Leonard, Finance Director will remain on the account as designate employees that are able to authorize transactions for the City’s TexStar account. Brandi Whittenton, Finance Analyst will remain as inquiry only contact authorize representative. Budget & Financial Summary: None. Reviewed and Approved by Legal:Yes Attachments: College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0339,Version:1 1.Resolution Amending Authorized Representatives College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ e AMENDING RESOLUTION WHEREAS, City of College Station -02103 the "Government Entity°) by authority of the Application for Participation in TexSTAR (the Application°) has e ntered into an In terlocal Agreement (the "Agreement") and ha s become a participant in the public funds investment pool created there under known as TexSTAR Short Term Asset Reserve Fund ("TexSTAR"); WHEREAS, the Application designated on one or more "Authorized Representatives° within the meaning of the Agreement; WHEREAS, the Government Entity now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; NOW, THEREFORE, BE IT RESOLVED: SECTiorv 1. The following officers, officials or employees of the Government Entity specified in this document are he reby designated as "Auth orized Representatives within the meani ng of the Agreement, with full power and authority to open accounts, to deposit and withdraw funds, to agree to the terms for use of the website for online transactions, to designate other authorized representatives, and to take all other action required or permitted by Government Entity under the Agreement created by the application, all in the name and on behalf of the Government Entity. SECTION 2. ThIS document supersedes and re places the Government Entity's previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement SECTION 3. ThIS resolution will co ntinue in full fo rce and effect until amen ded or revoked by Government Entity and written notice of the amendment or revocation is delivered to the TExSTAR Board. SECTiorv 4. Terms used in this resolution have the meanings given to them by the Application. Authorized Representatives. Each of the following Participant officials is designated as ParticipanYs Authorized Representative authorized to give notice s and in structions to the Board in accordance with the Agreement, the Bylaws, the Investment Policy, and the Operating Procedures: Name: Kell plin Title:City Manager Phone: 979)764-3510 Email: ktemplin@cstx.gov 2. Name: Jeffrey Kersten Title:Assistant City Manager Signature: Phone: 979) 764-3555 Email: kersten@cstx.gov 3. Name: Mary Ellen Leonard Title: Finance Director Signature: i Phone: 979)764-3555 Email:mleonard@cstx.gov 4. Name: Michael Dehaven Title:Treasury Manager Signature: Phone: 979 764-3852 Email:mdehaven@csbc.gov REQUIRED} PR/MARY CONTACT: List the name o f the Authorized Re presentative listed above that will be designated as the Pri mary Contact and will re ceive all TexSTAR co rrespondence including transaction confirmations and monthly statements Name: Michael Dehaven OPT/ONAL} INQU/RY ONLY CONTACTr In addition, the following additional Participant representative not listed above) is designated as an Inquiry Only Representative authorized to obtain account information: Name: Brandi Whittenton Title:Finance Analyst Signature: `'1CJA d Q1. Phone: 979) 764-3818 Email: bwhittenton@csUc.gov Participant may designate other authorized representatives by written instrument signed by an exi sting Participant Authorized Representative or ParticipanYs chief executive officer. DATED REQUIRED* PLACE OFFICIAL SEAL OF ENTITY HERE City of College Station - 02103 SIGNED BY: NAME OF PARTICIPANT Signature of official) Nancy Berry, Mayor Printed name and title) ATTESTED BY: Signature of official) Sherry Mashburn, City Secretary Printed name and title) FOR INTERNAL USE ONLY APPROVED AND ACCEPTED: TEXAS SHORT TERM ASSET RESERVE FUND AUTHORIZED SIGNER City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0340 Name:Food Establishment Sanitation Status:Type:Ordinance Consent Agenda File created:In control:5/24/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Presentation, possible action, and discussion on an ordinance amending Chapter 7 “Health and Sanitation” of the Code of Ordinances, Section 7.5 “Food Establishments”, and repealing Section 7.8 “Food Establishment Sanitation”. Sponsors:Aubrey Nettles Indexes: Code sections: Attachments:CH 7 Sec 7 Food Est Ord Amend 4-15-16.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an ordinance amending Chapter 7 “Health and Sanitation” of the Code of Ordinances, Section 7.5 “Food Establishments”, and repealing Section 7.8 “Food Establishment Sanitation”. Relationship to Strategic Goals: ·Good Governance Recommendation(s):Staff recommends approval of these changes. Summary: Don Plitt from the Health Department contacted the City because the Food Establishment Regulations needed to be updated. New regulations were adopted by the state making the City’s food establishment ordinances outdated. The City by ordinance adopts the Texas Food Establishment Regulations enacted by 25 Tex. Admin. Code 228, as adopted by the Texas Department of State Health Services, Division for Regulatory Services, Environmental and Consumer Safety Section and enacted by Chapter 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Vendors. The Brazos County Health Department, by ordinance enforces the regulations for the City. Budget & Financial Summary: N/A Attachments:CH 7 Sec 7 Food Est Ord Amend 4-15-16 College Station, TX Printed on 6/3/2016Page 1 of 1 powered by Legistar™ ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 7, “HEALTH AND SANITATION”, OF THE CODE OF ORDINANCES, CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION 7-5, “FOOD ESTABLISHMENTS” TEXAS DEPARTMENT OF STATE HEALTH SERVICES, “RULES ON TEXAS FOOD ESTABLISHMENTS” 229.161 — 229.171 AND 229.173—229.175, INTRODUCTION, AND REPEALING SECTION 7-8, “FOOD ESTABLISHMENT SANITATION” AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 7, “Health and Sanitation”, of the Code of Ordinances, Section 7-5, “Food Establishments” A. Texas Department of State Health Services, “Rules on Texas Food Establishments” 229.161—229.171 and 229.173—229.175, Introduction, of the Code of Ordinances, City of College Station, Texas, be amended as set out in Exhibit “A” and Chapter 7, “Health and Sanitation”, of the Code of Ordinances, Section 7-8, “Food Establishment Sanitation” be repealed as set out in Exhibit “B”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No._________________ Page 2 of 4 PASSED, ADOPTED and APPROVED this 9th day of June, 2016. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No._________________ Page 3 of 4 EXHIBIT “A” That Chapter 7, “Health and Sanitation”, of the Code of Ordinances, Section 7-5, “Food Establishments” A. Texas Department of State Health Services, “Rules on Texas Food Establishments” 229.161—229.171 and 229.173—229.175, Introduction, of the City of College Station, Texas is hereby amended is to read as follows: Sec. 7-5. - Food Establishments. A. Texas Department of State Health Services, “Texas Food Establishments Rules” 25 Tex. Admin. Code 228. Introduction. The City adopts by reference and incorporates into this section and this ordinance 25 Tex. Admin. Code 228, also known as the “Texas Food Establishment Rules” as adopted by the Texas Department of State Health Services, Division for Regulatory Services, Environmental and Consumer Safety Section, as the regulations now exist and as hereafter amended. The word “municipality” in the regulations and this section shall be understood to refer to the City of College Station and the words “Regulatory Authority” in the said regulations and this section refer to the City of College Station or its authorized representative. The authorized representati ve for enforcement of this section and the regulations is the Brazos County Health District (“BCHD”) and the City of College Station. One (1) certified copy of the regulations adopted in this ordinance shall be on file in the City Secretary’s Office. Ordinance No._________________ Page 4 of 4 EXHIBIT “B” That Chapter 7, “Health and Sanitation”, of the Code of Ordinances, Section 7-8, “Food Establishment Sanitation” is hereby repealed in its entirety. Sec. 7-8 – Repealed. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0316 Name:PUE Abandonment - 4928 Holden Circle Status:Type:Ordinance Agenda Ready File created:In control:5/18/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 3882.61 square foot, 20-foot wide public utility easement, which is located on the common property line of Lots 27 & 28 of Block 7 of the Williams Creek Subdivision Phase 6 according to the plat recorded in Volume 11426, Page 67 of the Official Records of Brazos County, Texas. Sponsors:Carol Cotter Indexes: Code sections: Attachments:Vicinity Map Location Map Ordinance Exhibit A Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 3882.61 square foot, 20-foot wide public utility easement, which is located on the common property line of Lots 27 & 28 of Block 7 of the Williams Creek Subdivision Phase 6 according to the plat recorded in Volume 11426, Page 67 of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the ordinance. Summary: This public utility easement abandonment accommodates future development of the tract. There are no public or private utilities in the subject portion of the easement to be abandoned. The 3,882.61 square foot, 20-foot wide public utility easement to be abandoned is located on the common property line of Lots 27 & 28 of Block 7 of the Williams Creek Subdivision Phase 6 according to the plat recorded in Volume 11426, Page 67 of the Official Records of Brazos County, Texas. Budget & Financial Summary: N/A College Station, TX Printed on 6/3/2016Page 1 of 2 powered by Legistar™ File #:16-0316,Version:1 Attachments: 1.Vicinity Map 2.Location Map 3.Ordinance 4.Exhibit “A” College Station, TX Printed on 6/3/2016Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4461529&GUID=2B805E51-5AB0-46DC-8794-58E1EE7998A0[6/3/2016 3:16:52 PM] View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=4461530&GUID=E7AF2471-46FF-49C5-B701-9C6030DDD3D1[6/3/2016 3:16:55 PM] ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 3,882.61 SQUARE FOOT, 20-FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED ON THE COMMON PROPERTY LINE OF LOTS 27 & 28, BLOCK 7, OF THE WILLIAMS CREEK SUBDIVISION, PHASE 6, ACCORDING TO THE PLAT RECORDED IN VOLUME 11426, PAGE 67 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of the 20-foot wide Public Utility Easement, located along the common property line of Lots 27 & 28, Block 7, of the Williams Creek Subdivision, Phase 6, according to the plat recorded in Volume 11426, Page 67, of the Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such portion hereinafter referred to as the “PUE”); and WHEREAS, in order for the PUE to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the PUE described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the PUE will not result in property that does not have access to public roadways or utilities. 2. There is no public need or use for the PUE. 3. There is no anticipated future public need or use for the PUE. 4. Abandonment of the PUE will not impact access for all public utilities to serve current and future customers. PART 2: That the PUE as described in Exhibit “A” be abandoned and vacated by the City. ORDINANCE NO. __________________ Page 2 of 3 PASSED, ADOPTED and APPROVED this _______ day of _________________, 2016. APPROVED: ____________________________________ Nancy Berry, Mayor ATTEST: ______________________________ Sherry Mashburn, City Secretary APPROVED: ______________________________ City Attorney Ordinance No. ____Page 3 of 3 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0317 Name:MUD Consent Resolution Status:Type:Resolution Agenda Ready File created:In control:5/18/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Public Hearing, presentation, possible action, and discussion regarding a resolution granting conditional consent to form up to five municipal utility districts in the City’s Extraterritorial Jurisdiction, generally located along Peach Creek between FM 2154 and State Highway 6 South. Sponsors:Lance Simms Indexes: Code sections: Attachments:Vicinity Map Land Use Plan Application Resolution Exhibit A Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding a resolution granting conditional consent to form up to five municipal utility districts in the City’s Extraterritorial Jurisdiction, generally located along Peach Creek between FM 2154 and State Highway 6 South. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Diverse Growing Economy ·Improving Mobility ·Sustainable City Recommendation(s): The Planning & Zoning Commission will consider this item on 19 May. Their recommendation will be provided at the City Council meeting.Staff recommends approval. Summary:The City recently received a petition to form up to five municipal utility districts (MUDs)in the City’s ETJ.Since the proposed MUDs are located within the City’s ETJ,the City’s consent is needed for the applicant to pursue approval of the MUDs through the Texas Commission on Environmental Quality.The proposed MUDs will develop,operate,maintain,and issue bonds for financing the construction of needed infrastructure (water,sewer,drainage,and streets)for the districts and levy and assess a tax on property within the districts to pay operational and College Station, TX Printed on 6/3/2016Page 1 of 3 powered by Legistar™ File #:16-0317,Version:1 maintenance expenses associated with the planned infrastructure. A summary of the proposed MUDs is provided below: •Total area = 2,354 acres •1,908 single-family homes ranging from $288 K to $1.59 million in price •258 acres of commercial development •33 acres of civic / institutional uses •1,062 acres of conservation space •Total cost of projects financed by the MUD = $117 million ($106 million for water, wastewater, and drainage - $11 million for roads) •Projected property value at full buildout = $974,255,000 •Proposed tax rate of $1 per $100 assessed valuation The City’s adopted policy regarding the creation, operation, and dissolution of MUDs provides the following prerequisites for consideration when evaluating applications for MUDs located in the ETJ: 1.Whether the City has already made plans to annex or provide municipal services to the area proposed for inclusion in the District within the next five years, and 2.Whether the proposed area for the District lies in the ETJ of two or more cities The determination regarding both considerations above is negative. Therefore, the City Council should give consideration to granting conditional consent as outlined in Sections II.D and II.E of the City’s adopted MUD policy. It is important to note that the applicant has agreed to comply with the City’s adopted MUD policy, including the conditions for consent. The City’s policy addresses the City Council’s consent related to issuance of bonds by the District, development agreements designed to extend the City’s planning authority over the land contained within the District, and Strategic Partnership Agreements that outline the terms for annexation. Compliance with the Comprehensive Plan: Chapter Two, Community Character, of the Comprehensive Plan designates this area as “Rural” on the Future Land Use and Character Map. The Rural destination in and around College Station include areas that exhibit countryside, agricultural, and natural character. Countryside is typically dominated by a few lots of estate size fronting a road surrounded by agricultural or natural lands. The latter two tend to be determined by uses - crop or ranching in agricultural areas and wooded or savannah lands in natural areas. Rural areas tend to be more sensitive than other character areas to intrusions from incompatible development. Chapter Two of the Comprehensive Plan also speaks to the need to protect Rural areas in the ETJ and preserving natural areas. Streams, stands of trees, pastures, and open areas contribute significantly to the character of an area. Retention of these natural areas further acknowledges the limitations of public services and infrastructure in the ETJ. Given the proposed density, open space preservation, and overall development pattern within the proposed MUDs, staff believes that the development will be consistent with the goals and vision of the City’s Comprehensive Plan for the area. College Station, TX Printed on 6/3/2016Page 2 of 3 powered by Legistar™ File #:16-0317,Version:1 Budget & Financial Summary: N/A Attachments: 1.Vicinity Map 2.Concept Plan 3.Application 4.Resolution 5.Exhibit A College Station, TX Printed on 6/3/2016Page 3 of 3 powered by Legistar™ RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, GRANTING CONDITIONAL CONSENT TO THE FORMATION OF UP TO FIVE MUNICIPAL UTILITY DISTRICTS WITHIN THE CITY’S EXTRATERRITORIAL JURISDICTION WHEREAS, the owners of approximately 2,354 acres of land, more particularly described in Exhibit “A” attached hereto and incorporated herein (the “Land”) have filed a petition requesting consent to create up to five Municipal Utility Districts (each referred to as “District” or collectively as the “Districts”) from the City of College Station (the “City”); and WHEREAS, the City is empowered under state law to exercise authority over municipal utility districts located within the City’s Extraterritorial Jurisdiction; and WHEREAS, the Land proposed to be included in the Districts lies within the Extraterritorial Jurisdiction of the City; and WHEREAS, the Districts’ plan to provide water, sanitary sewer, drainage, road and other services to the Land; and WHEREAS, the owners of the Land have requested conditional consent to the creation of the Districts prior to the City and the owners negotiating and entering into one or more agreements that address the issues related to development of the Land by the owners and by the Districts including without limitation water supply, wastewater treatment, drainage, roads, application of certain City ordinances and standards, parks, and the needs of the City in relation to the annexation of the Land into the City so that the owners may pursue creation of the Districts through the Texas Commission on Environmental Quality while such agreements are being negotiated with the goal of the District holding the required election on the uniform election date in May 2017; and WHEREAS, the City desires to grant its conditional consent to creation of the Districts and the inclusion of the Land within the City’s Extraterritorial Jurisdiction in such Districts in the event that the Districts are created; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby grants its conditional consent to the creation of the Districts and the inclusion of the Land in such Districts subject to and specifically conditioned upon the following: PART 2: That the consent in this Resolution is conditioned upon the owners of the Land entering into one or more agreements with the City on or before February 17, 2017, to address the issues related to development of the Land by the owners and by the Districts including without limitation water supply, wastewater treatment, drainage, roads, application of certain City ordinances and standards, parks, and the needs of the City in relation to the annexation of the Land into the City. PART 3: That the consent in this Resolution is conditioned upon compliance with the written policies adopted by the City Council of the City of College Station regarding municipal utility districts, including the policy attached hereto as Exhibit B, provided however that the City: (a) Acknowledges that the Land is also within the boundaries of Wellborn Special Utility District (the “SUD”) and therefore, water supply shall be provided by the SUD and all water facilities constructed by the Districts will become facilities of the SUD upon dissolution of the Districts, and (b) Hereby waives the requirement that all water facilities shall become part of the City’s system upon dissolution of the Districts. PART 4: That the District may issue bonds only for the purpose of acquiring, purchasing or constructing, under contract with the City of College Station (the “City”) or otherwise, waterworks systems, wastewater systems, stormwater systems, drainage facilities, and road facilities, or parts of such systems or facilities, and to make any and all necessary purchases, construction, improvements, extensions, additions and repairs thereto, and to purchase or acquire all necessary land, right -of- way easements, sites, equipment, buildings, plants, structures and facilities therefor, and to operate and maintain the same, and to sell water, wastewater and other services within or without the boundaries of the District, unless otherwise agreed to by the City. Such bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the tenth (10th) anniversary of the date of issuance without premium and shall only be sold after the taking of public bids therefor, other than refunding bonds, which may be sold on a negotiated basis, and none of such bonds, other than refunding bonds, shall be sold for less than ninety-five (95) percent of par; provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bonds, shall not exceed two (2) percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one -month period next preceding the first date notice of the sale of such bonds is published, and bids for the bonds shall be received not more than forty-five (45) days after notice of sale of the bonds if so published. The resolution or order authorizing the issuance of the District's bonds will contain, if applicable, a provision that the pledge of the revenues from the operation of the District's water and wastewater and/or drainage systems to the payment of the District's bonds will terminate if and when the City annexes the District or takes over the assets of the District and assumes all of the obligations of the District. No land will be added or annexed to the District until the City has given its written consent by action of the City Council on such addition or annexation. No bonds of the District may be issued without specific City consent if the City has given notice to the District that it intends to annex and/or dissolve the District within 365 or fewer days after such notice. The District will promptly provide the City with the Official Statement regarding the issuance of the bonds, once it is complete. If the District is a municipal management district, it shall obtain City approval of all bonds it issues in accordance with Section 375.207, Texas Local Government Code. The District must obtain City approval to issue refunding bonds. Refunding bonds must comply with all City ordinances pertaining the sale of refunding bonds by a District within the City’s boundaries or its extra-territorial jurisdiction, as such ordinances may be amended from time to time. PART 5 That before the commencement of any construction within the District, the District, its directors, officers, or developers and/or landowners shall submit to the Director of the Planning & Development Services of the City, or to his designee, all plans and specifications for the construction of water, wastewater, drainage, recreational and road facilities and related improvements to serve the District and obtain the City’s approval of such plans and specifications. All water wells, water meters, flushing valves, valves, pipes and appurtenances thereto, installed or used within the District, shall conform exactly to the then-applicable specifications of the City. All water service lines, wastewater service lines, lift stations, wastewater treatment facilities, road facilities and appurtenances thereto installed or used within the District shall comply with the City’s standards, the approved plans and specifications and the then-applicable ordinances, resolutions, or regulations of the City, unless otherwise agreed to in writing by the City and the District. Prior to the construction of such facilities within or by the District, the District or its engineer shall give written notice by registered or certified mail to the Director of Planning & Development Services of the City, or his designee, stating the date on which such construction will be commenced. The construction of the District's water, wastewater, drainage, and road facilities shall be in accordance with the approved plans and specifications and with applicable standards and specifications of the City and as approved by the City Engineer of the City. During the progress of the construction and installation of such facilities, a designated representative of the City may make periodic on-the-ground inspections in order to determine that the installation and construction conform with the approved plans and specifications and the applicable standards and specifications of the City. In the event that it is determined by the representative of the City that construction and/or installations are not being performed in conformance with the approved plans and specifications and with the applicable standards and specifications of the City, upon being so informed by a duly designated City representative, the District agrees to discontinue further construction and installation of all facilities until the cause of the non-compliance is resolved. PART 6 That in the event that the District operates a wastewater treatment plant, the District agrees it will employ a wastewater plant operator holding an applicable, valid certificate of competency issued under the direction of the Texas Commission on Environmental Quality (“TCEQ”). If the District operates the plant, the District shall make periodic analyses of its discharge pursuant to the rules of the TCEQ and shall send copies of all such effluent data to the Department of Public Works of the City, as well as to the TCEQ. Representatives of the City may supervise the continued operations of the wastewater treatment facility by making periodic inspections thereof. PART 7 That the District shall not provide water, wastewater or drainage facilities to any tract of land until the owner or developer of said tract has, prior to the sale of any subdivided lots or parcels of land, duly recorded a plat in the map and plat records of the county in which the District lies and which plat has been previously approved by the Planning and Zoning Commission of the City. If the District contracts with the City for water supply or wastewater treatment services, the District may not provide service to any land outside its boundaries without the prior written consent of the City. PART 8 That the term “consent” as used in this Resolution has the meaning provide in Section 42.042 (d), Texas Local Government Code, to wit, authorization to initiate proceedings to create the District as provided by law. PASSED and APPROVED this _______ day of ___________________, 2016. APPROVED: ______________________ Mayor ATTEST: ______________________ City Secretary APPROVED AS TO FORM: ______________________ City Attorney EXHIBIT “A” Resolution No. ___Page 4 of 11 Resolution No. ___Page 5 of 11 Resolution No. ___Page 6 of 11 Resolution No. ___Page 7 of 11 Resolution No. ___Page 8 of 11 Resolution No. ___Page 9 of 11 Resolution No. ___Page 10 of 11 Resolution No. ___Page 11 of 11 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0320 Name:Comprehensive Plan Amendment – Crossroads Self Storage Status:Type:Comprehensive Plan Agenda Ready File created:In control:5/18/2016 City Council Regular On agenda:Final action:6/9/2016 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Restricted Suburban to General Commercial and Suburban Commercial for approximately nine acres located at 15797 FM 2154, more generally located north of the Crossroad Woods Subdivision near intersection of Wellborn Road (FM 2154) and Greens Prairie Trail. Sponsors:Jessica Bullock Indexes: Code sections: Attachments:Aerial Amendment Map Background Information 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 Restricted Suburban to General Commercial and Suburban Commercial for approximately nine acres located at 15797 FM 2154, more generally located north of the Crossroad Woods Subdivision near intersection of Wellborn Road (FM 2154) and Greens Prairie Trail. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s):The Planning and Zoning Commission considered this item on May 19, 2016. Their recommendation will be presented at the City Council meeting. Summary:The applicant is requesting the proposed future land use amendment from Restricted Suburban to General Commercial and Suburban Commercial. The site is currently developed as Crossroads Self Storage which began to develop prior to annexation. In order to continue expansion, a land use amendment and rezoning are required. The applicant requests both General Commercial and Suburban Commercial to allow for the existing use and to be sensitive to adjacent residential properties. REVIEW CRITERIA College Station, TX Printed on 6/3/2016Page 1 of 4 powered by Legistar™ File #:16-0320,Version:1 1.Changed or changing conditions in the subject area or the City:The subject property is designated as Restricted Suburban on the Comprehensive Plan Future Land Use and Character Map. The surrounding land uses include Restricted Suburban, Institutional/Public, and Rural across Wellborn Road. The applicant has requested the proposed amendment to General Commercial and Suburban Commercial as a step toward making an existing self-storage use conforming. This area was annexed into the City in 2015 and is located just outside the Wellborn Community Plan area, close to City limits. This area is experiencing growth of commercial and residential uses, and College Station Independent School District (CSISD) will develop a new school on the tract north of the subject site. 2.Scope of the request:The applicant requests to amend the Comprehensive Plan Future Land Use and Character Map designation for approximately nine acres from Restricted Suburban to General Commercial and Suburban Commercial. This amendment generally allows for commercial uses that cater to both nearby residents and the larger community or region. The applicant requests General Commercial on the northern tract which borders CSISD property and Suburban Commercial on the southern tract which borders residential neighborhoods. The site is currently developed as a self- storage use which is only permitted in the GC General Commercial zoning district. In order to rezone the property with a commercial designation, a Comprehensive Plan Amendment must first be considered. 3.Availability of adequate information:Properties in this area have no existing sewer access, and there is currently no sewer master plan to serve the tract. Therefore, the site will need to have an On-Site Sewage Facility for sewer service. The site’s trip generation will also need to be analyzed again with the site plan application to verify that additional improvements to the transportation system are not warranted. 4.Consistency with the goals and strategies set forth in the 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. Relevant Strategies identified in the Plan to achieve this goal include: •Establish and protect distinct boundaries between various character areas: The subject tract is adjacent to established single-family subdivisions and property owned by CSISD. General Commercial will be placed on the northern tract that is bordered by CSISD. Suburban Commercial will be placed on the southern tract which is bordered by established residential subdivisions. These designations will be placed in a manner that is sensitive to the bordering uses. 5.Consideration of the Future Land Use & Character and/or Thoroughfare Plans:The subject area is currently designated as Restricted Suburban on the Comprehensive Plan Future Land Use and Character Map. The proposed amendment is to General Commercial and Suburban Commercial. General Commercial is intended for concentrations of commercial activities that cater to both nearby residents and to the larger community or region. Generally these areas tend to be large in size and located near the intersection of two regionally significant roads (arterials and freeways). It is preferred that in such areas development be concentrated in nodes rather than spread out in strips. Suburban Commercial is intended for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. Generally, these areas tend to be small in size College Station, TX Printed on 6/3/2016Page 2 of 4 powered by Legistar™ File #:16-0320,Version:1 and located adjacent to major roads (arterials and collectors). Design of Suburban Commercial structures is compatible in size, roof type and pitch, architecture, and lot coverage with the surrounding single-family residential use. Wellborn Road (FM2154) is designated as 4-lane major collector (General Suburban context) on the City’s Thoroughfare Plan. 6.Compatibility with the surrounding area:The applicant requests an amendment to General Commercial and Suburban Commercial on approximately nine acres. Land across Wellborn Road is designated Rural on the Future Land Use and Character Map and is currently undeveloped. To the north is land owned by CSISD for future development of a school. This property is designated as Institutional/Public on the Future Land Use and Character Map. To the southeast is the Estates of Royder Ridge residential subdivision. This property is designated as Restricted Suburban on the Future Land Use and Character Map. To the south is the Crossroad Woods residential subdivision. This property is designated as Restricted Suburban on the Future Land Use and Character Map. The subject site is just south of the Wellborn Community Plan area and is close to the City limits. The larger area is rural in nature but is experiencing growth in residential and commercial character. The land use designations are requested in a way to be suitable with adjacent uses. General Commercial will be placed on the northern tract which is mostly bordered by the CSISD site. There is a portion of this designation that will border an approximate 0.5 acre undeveloped tract, separating this use from the adjacent residential lot in the Estates of Royder Ridge subdivision. Buffering would still be required along this portion of the site to the tract. The request also asks for Suburban Commercial on the southern tract which is bordered by residential and will have heightened requirements to minimize the commercial use impact on the single-family property. 7.Impacts on infrastructure including water, wastewater, drainage, and the transportation network:Water service will be served by Wellborn Special Utility District. The subject tract will not have access to City sewer, and On-Site Sewage Facility will be required. The On-Site Sewage Facility will need to meet the Brazos County Health Departments and TCEQ requirements. There is currently no sewer master planned in this area to serve the subject tract. Proposed public infrastructure will be required to be designed and constructed in accordance with the B/CS Unified Design Guidelines. The site generally drains towards Peach Creek South Tributary that runs along the rear property. With site development, detention will be required. Drainage improvements are required to be designed and constructed in accordance with the B/CS Unified Stormwater Design Guidelines, and site development impacts on the drainage system will be evaluated further at that time. The property has access to Wellborn Road which is classified as a Four Lane Major Arterial on the Thoroughfare Plan. It is currently built as a 2 lane rural arterial. Staff estimates that the current traffic volume on Wellborn Road in this section is 10,000 vehicles per day. The capacity of this section of Wellborn Road is approximately 30,000 vehicles per day, with a level of service D reached at approximately 20,000 vehicles per day. The change in land use could result in an additional 3840 vehicles per day. Based on these estimates, Wellborn Road has the capacity to handle the changed land use. College Station, TX Printed on 6/3/2016Page 3 of 4 powered by Legistar™ File #:16-0320,Version:1 8.Impact on the City’s ability to provide, fund, and maintain services:The proposed amendment for the subject property does not negatively impact the City’s ability to provide, fund, and maintain services. 9.Impact on environmentally sensitive and natural areas: The subject property is located in the Peach Creek drainage basin. The majority of the northern tract is impacted by the Peach Creek South Tributary which will need to be taken into account during site development. Further drainage analysis will be required with future site development, but it is unclear at this time what impacts this request will have on the drainage system. 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 Restricted Suburban to General Commercial and Suburban Commercial on approximately nine acres is for an existing site that began prior to annexation. The request is consistent with development trends in the area. Budget & Financial Summary:N/A Attachments: 1.Amendment Map 2.Background Information 3.Aerial 4.Ordinance Budget & Financial Summary: N/A Attachments: 1.Aerial 2. Amendment Map 2.Background Information 3.Ordinance College Station, TX Printed on 6/3/2016Page 4 of 4 powered by Legistar™ Existing Future Land Use & Character Map Proposed Future Land Use & Character Map NOTIFICATIONS Advertised Commission Hearing Date: May 19, 2016 Advertised Council Hearing Date: June 9, 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: Estates of Royder Ridge Property owner notices mailed: None Contacts in support: None Contacts in opposition: None Inquiry contacts: One This request is related to the pending application for a PDD rezoning. Notices of the rezoning were mailed to 10 property owners and one homeowners association. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Institutional/Public R Rural Commercial Warehouse South Restricted Suburban R Rural Crossroad Woods East Institutional/Public Restricted Suburban R Rural Future CSISD Site Estates of Royder Ridge West (Across Wellborn Rd) Rural R Rural Undeveloped DEVELOPMENT HISTORY Annexation: May 2015 Zoning: R Rural (2015) Final Plat: Unplatted Site development: Crossroads Self-Storage ORDINANCE NO. _____________ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN FUTURE LAND USE AND CHARACTER MAP FROM RESTRICTED SUBURBAN TO GENERAL COMMERCIAL AND SUBURBAN COMMERCIAL FOR APPROXIMATELY NINE ACRES LOCATED AT 15797 FM 2154, MORE GENERALLY LOCATED NORTH OF THE CROSSROAD WOODS SUBDIVISION NEAR INTERSECTION OF WELLBORN ROAD (FM 2154) AND GREENS PRAIRIE TRAIL, 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 9th day of June, 2016. ATTEST: APPROVED: _____________________________ ____________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Ordinance No. ____ Page 2 of 6 EXHIBIT “A” That ordinance no. 3186 adopting the “Comprehensive Plan of the City of College Station” as amended, in hereby amended by adding a new Subsection C.2.n to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: “EXHIBIT ‘A’ A. Comprehensive Plan The College Station Comprehensive Plan (Ordinance 3186) is hereby adopted and consists of the following: 1. Existing Conditions; 2. Introduction; 3. Community Character; 4. Neighborhood Integrity; 5. Economic Development; 6. Parks, Greenways & the Arts; 7. Transportation; 8. Municipal Services & Community Facilities; 9. Growth Management and Capacity; and 10. Implementation and Administration. B. Master Plans The following Master Plans are hereby adopted and made a part of the College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. East College Station Transportation Study dated May 2005; 5. Parks, Recreation and Open Space Master Plan dated May 2005; 6. Park Land Dedication Neighborhood Park Zones Map dated January 2009; 7. Park Land Dedication Community Park Zones map dated April 2009; 8. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 9. Central College Station Neighborhood Plan dated June 2010; 10. Water System Master Plan dated August 2010; 11. Wastewater Master Plan dated June 2011; 12. Eastgate Neighborhood Plan dated June 2011; 13. Recreation, Park and Open Space Master Plan dated July 2011; 14. Southside Area Neighborhood Plan dated August 2012; 15. Medical District Master Plan dated October 2012; 16. Wellborn Community Plan dated April 2013; 17. Economic Development Master Plan dated September 2013; and 18. South Knoll Area Neighborhood Plan dated September 2013. Ordinance No. ____ Page 3 of 6 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. d. Chapter 8 “Growth Management & Capacity” by amending the text based on recommendations from the Annexation Task Force – Ordinance 3766, dated April 28, 2016. 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. 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.– Ordinance 3752 dated March 10, 2016. Ordinance No. ____ Page 4 of 6 n. The approximately 9 acres of land generally located north of the Crossroad Woods Subdivision near the intersection of Wellborn Road (FM 2154) and Greens Prairie Trail – by this Ordinance, dated June 9, 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 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 Ordinance No. ____ Page 5 of 6 Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Plan without being considered an amendment thereto. 5. Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended.” Ordinance No. ____ Page 6 of 6 EXHIBIT “B” That the “Comprehensive Plan of the City of College Station” is hereby amended by amending a portion of the map titled “Map 2.2-Future Land Use & Character” of Chapter 2 – Community Character” from Restricted Suburban to General Commercial and Suburban Commercial shown as follows: Existing Future Land Use and Character Map Proposed Future Land Use and Character Map Urban City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:116-0321 Name:PDD Rezoning – Crossroads Self Storage Status:Type:Rezoning Agenda Ready File created:In control:5/18/2016 City Council Regular On agenda:Final action:6/9/2016 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 PDD Planned Development District for approximately nine acres being situated in the Samuel Davidson League, Abstract NO. 13, Brazos County, Texas. Said tract being the remainder of a called 5 acre tract of land as described by a deed to Rose E. Logan recorded in Volume 314, Page 708 of the Deed Records of Brazos County, Texas, and being situated in the Samuel Davidson League, Abstract NO. 13, College Station, Brazos County, Texas. Said tract being all of a called 3.78 acre tract of land as described by a deed to South Wellborn, LTD recorded in Volume 7043, Page 90 of the Official Public Records of Brazos County, Texas, generally located at 15797 FM2154, north of the Crossroad Woods Subdivision near intersection of Wellborn Road (FM 2154) and Greens Prairie Trail. Sponsors:Jessica Bullock Indexes: Code sections: Attachments:Background Information Aerial and Small Area Map Ordinance Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to PDD Planned Development District for approximately nine acres being situated in the Samuel Davidson League, Abstract NO. 13, Brazos County, Texas. Said tract being the remainder of a called 5 acre tract of land as described by a deed to Rose E. Logan recorded in Volume 314, Page 708 of the Deed Records of Brazos County, Texas, and being situated in the Samuel Davidson League, Abstract NO. 13, College Station, Brazos County, Texas. Said tract being all of a called 3.78 acre tract of land as described by a deed to South Wellborn, LTD recorded in Volume 7043, Page 90 of the Official Public Records of Brazos County, Texas, generally located at 15797 FM2154, north of the Crossroad Woods Subdivision near intersection of Wellborn Road (FM 2154) and Greens Prairie Trail. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity College Station, TX Printed on 6/3/2016Page 1 of 5 powered by Legistar™ File #:16-0321,Version:1 ·Diverse Growing Economy Recommendation(s): The Planning and Zoning Commission considered this item on May 19, 2016. Their recommendation will be presented at the City Council meeting. Summary: The applicant is requesting a PDD Planned Development District zoning on approximately nine acres for a nonconforming use that began construction prior to annexation. The site is currently developed as Crossroads Self-Storage. The PDD will use GC General Commercial and SC Suburban Commercial as base zoning districts. The associated concept plan shows existing buildings and areas for further expansion. GC General Commercial will be used on the northern portion of the site and SC Suburban Commercial will be used on the southern portion in order to be sensitive to adjacent single-family uses. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1.Consistency with the Comprehensive Plan:The existing Future Land Use and Character designation on the property is Restricted Suburban, with a pending application to amend the plan to General Commercial and Suburban Commercial. Land Use - General Commercial: intended 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. Land Use - Suburban Commercial: intended for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. Generally, these areas tend to be small in size and located adjacent to major roads (arterials and collectors). Design of these structures is compatible in size, roof type and pitch, architecture, and lot coverage with the surrounding single-family residential use. The site is currently developed as Crossroads Storage which began prior to annexation. The proposed PDD Planned Development District zoning uses a base zoning district of GC General Commercial and SC Suburban Commercial and aims to make the current use conforming while allowing for expansion. If the City Council approves the Comprehensive Plan Future Land Use and Character Map amendment to General Commercial and Suburban Commercial, the proposed PDD will be in compliance. If the City Council denies the Comprehensive Plan Future Land Use and Character Map amendment, the proposed PDD will not be in compliance. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood:The surrounding area is currently zoned R Rural and was annexed into the city in May 2015. Established subdivisions adjacent to the subject property include Estates of Royder Ridge and Crossroad Woods. The PDD proposes two base zoning districts, GC General Commercial and SC Suburban Commercial. While GC General Commercial allows for more intense commercial uses, SC College Station, TX Printed on 6/3/2016Page 2 of 5 powered by Legistar™ File #:16-0321,Version:1 Suburban Commercial is intended to be compatible with single-family neighborhoods. The concept plan is designed in a manner that SC Suburban Commercial will be used on the southern portion, where the boundary is shared with the established subdivisions. The northern portion of the site will develop under GC General Commercial and primarily borders a future CSISD school site. The subject property site began development in the Extraterritorial Jurisdiction (ETJ) as self- storage prior to annexation. Buildings on the northern tract are currently used for self-storage and those on the southern tract are used for office space. The proposal of two zoning districts reflect the existing uses and allow applicable ordinance regulations to protect the residential area, such as heightened buffer requirements and lighting restrictions. This rezoning will allow continued development while bringing the current use into compliance. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment:The proposed PDD uses a base zoning district of GC General Commercial and SC Suburban Commercial. The use of storage/self-storage started when the property was in the Extraterritorial Jurisdiction (ETJ). After annexation, expansion of the use and site continued. The PDD aims to make the current use conforming and provide area for further expansion. The property is suitable for the uses of office and storage/self-storage proposed in the PDD. 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:When this area was annexed in 2015, it received the R Rural zoning designation which allows for single-family residential development and agricultural activities. This zoning district is standard for all annexation that occurs in College Station and was not specifically intended to accommodate for the existing land uses within the Wellborn Community. Under this zoning district, existing commercial uses were made non-conforming, but are able to continue operating under a grandfathered status. After annexation, the site was able to continue development based on approvals received from the County prior to annexation. This rezoning is required for continued development on the site. 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 subject property is currently zoned R Rural and is developed as a storage/self-storage facility. The property is has limited marketability under the current zoning district with a non-conforming developed use. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use:Water service will be served by Wellborn Special Utility District. The subject tract does not have access to City sewer and uses an On- Site Sewage Facility. There is currently no sewer master planned in this area to serve the subject tract. The site generally drains towards Peach Creek South Tributary that runs along the rear property. With further site development, detention will be required. Drainage improvements are required to be designed and constructed in accordance with the B/CS Unified Stormwater College Station, TX Printed on 6/3/2016Page 3 of 5 powered by Legistar™ File #:16-0321,Version:1 Design Guidelines, and site development impacts on the drainage system will be evaluated further at that time. As part of the rezoning, a Traffic Impact Analysis letter was provided indicating less than 150 trips are anticipated during the peak hour. The site’s trip generation will be analyzed again with the site plan application to verify that additional improvements to the transportation system are not warranted. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1.The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2.The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3.The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4.Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5.The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6.The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7.The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. General:The site is currently developed as a self-storage use. The proposed Concept Plan covers the existing layout and proposes areas for expansion of offices and self-storage buildings. Modifications Requested:GC General Commercial is proposed as the base zoning district on the northern portion of the site with SC Suburban Commercial on the southern portion. A modification to have self-storage as a permitted use under SC Suburban Commercial is the only modification requested. All other standards not expressly requested and approved will meet GC General Commercial and SC Suburban Commercial as identified in the concept plan. Community Benefits:The applicant states that the PDD will allow an otherwise non- College Station, TX Printed on 6/3/2016Page 4 of 5 powered by Legistar™ File #:16-0321,Version:1 conforming use and all future improvements to be brought into compliance with the Unified Development Ordinance. Budget & Financial Summary: N/A Attachments: 1.Background Information 2.Aerial & Small Area Map (SAM) 3.Ordinance College Station, TX Printed on 6/3/2016Page 5 of 5 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: May 19, 2016 Advertised Council Hearing Date: June 9, 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: Estates of Royder Ridge Property owner notices mailed: 10 Contacts in support: None Contacts in opposition: None Inquiry contacts: One ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Institutional/Public R Rural Commercial Warehouse South Restricted Suburban R Rural Crossroad Woods East Institutional/Public Restricted Suburban R Rural Future CSISD Site Estates of Royder Ridge West (Across Wellborn Rd) Rural R Rural Undeveloped DEVELOPMENT HISTORY Annexation: May 2015 Zoning: R Rural (2015) Final Plat: Unplatted Site development: Crossroads Self-Storage 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 PDD PLANNED DEVELOPMENT DISTRICT FOR APPROXIMATELY NINE ACRES BEING SITUATED IN THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO. 13, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE REMAINDER OF A CALLED 5 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO ROSE E. LOGAN RECORDED IN VOLUME 314, PAGE 708 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING SITUATED IN THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO. 13, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING ALL OF A CALLED 3.78 ACRE TRACT OF LAND AS DESCRIBED BY A DEED TO SOUTH WELLBORN, LTD RECORDED IN VOLUME 7043, PAGE 90 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT 15797 FM2154, NORTH OF THE CROSSROAD WOODS SUBDIVISION NEAR INTERSECTION OF WELLBORN ROAD (FM 2154) AND GREENS PRAIRIE TRAIL ; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, as described in Exhibit “B”, as shown graphically in Exhibit “C”, and as shown on the Concept Plan in Exhibit “D”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Ordinance No.____ Page 2 of 8 PASSED, ADOPTED and APPROVED this 9th day of June, 2016 APPROVED: ____________________________________ MAYOR ATTEST: ______________ _________________ City Secretary APPROVED: _______________________________ City Attorney Ordinance No.____ Page 3 of 8 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 PDD Planned Development District with base zoning districts GC General Commercial and SC Suburban Commercial, as described in EXHIBIT “B,” as graphically depicted in EXHIBIT” C”, and as shown on the Concept Plan in EXHIBIT “D”: Metes and Bounds - base zoning district GC General Commercial Ordinance No.____ Page 4 of 8 Ordinance No.____ Page 5 of 8 Metes and Bounds - base zoning district SC Suburban Commercial Ordinance No.____ Page 6 of 8 EXHIBIT “B” General: The site is currently developed as a self-storage use. The proposed Concept Plan covers the existing layout and proposes areas for expansion of offices and self-storage buildings. Modifications Requested: GC General Commercial is proposed as the base zoning district on the northern portion of the site with SC Suburban Commercial on the southern portion. A modification to have self-storage as a permitted use under SC Suburban Commercial is the only modification requested. All other standards not expressly requested and approved will meet GC General Commercial and SC Suburban Commercial as identified in the concept plan. Community Benefits: The applicant states that the PDD will allow an otherwise non- conforming use and all future improvements to be brought into compliance with the Unified Development Ordinance. Ordinance No.____ Page 7 of 8 EXHIBIT “C” Ordinance No.____ Page 8 of 8 EXHIBIT “D” CONCEPT PLAN Concept Plan