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HomeMy WebLinkAbout07/13/2017 - 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, July 13, 2017 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation: - Presentation of the Texas Association of Governmental Information Technology Managers (TAGITM) Technology Excellence Award to the City of College Station for the Code Enforcement Mobile Mapping Application Hear Visitors: During this time 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 on the day of the Council meeting. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. Each speaker's remarks are limited to three minutes. A series of timer lights will change from green to yellow and an alarm will sound after two and one-half minutes to signal thirty seconds remaining to conclude the remarks. At three minutes the timer light will change to red and the final alarm will sound. The speaker must then conclude the remarks. The City Council will listen and receive the information presented by the speaker, 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: · June 8, 2017 Workshop · June 8, 2017 Regular Meeting 17-02982a. Sponsors:Mashburn Page 1 College Station, TX Printed on 7/7/2017 July 13, 2017City Council Regular Meeting Agenda - Final WKSHP060817 DRAFT Minutes RM060817 DRAFT Minutes Attachments: Presentation, possible action, and discussion regarding construction contract 17300389 with McDonald Municipal & Industrial, in the amount of $1,126,469 for the Lick Creek Wastewater Treatment Plant Generator Addition Project. 17-02772b. Sponsors:Harmon Project Location Map - Lick Creek WWTP Generator ReplacementAttachments: Presentation, possible action, and discussion of an ordinance amending Code of Ordinances Chapter 10, “Traffic Code”, Section Two “Traffic Control Devices”, J “One-Way Streets and Alleyways ” by making Newton Road one -way between Aberdeen Place and George Bush Drive. 17-02782c. Sponsors:Harmon Newton One Way Exhibit A Newton One Way Ordinance Attachments: Presentation, possible action, and discussion regarding approval of an agreement to terminate an economic development agreement between the City of College Station, Research Valley Partnership and PM Realty Group and approval of a Release of Memorandum of Economic Development Agreement regarding the same. 17-02882d. Sponsors:Ruiz Termination Agreement Signed by Chimney Hill Release Signed by Chimney Hill Attachments: Presentation, possible action, and discussion of an ordinance amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations ”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime ”, to include No Parking Here To Corner on the east side of Stasney from its intersection with Cherry Street, extending south 85 feet. 17-02972e. Sponsors:Eller Exhibit A - No Parking 400 Stasney Stasney Parking Removal Ordinance Attachments: Presentation, possible action, and discussion regarding approval of additional expenditure of funds for Electric Reliability Council of Texas (ERCOT) fees in the amount of $37,000. 17-03002f. Sponsors:Crabb Page 2 College Station, TX Printed on 7/7/2017 July 13, 2017City Council Regular Meeting Agenda - Final Presentation, possible action, and discussion regarding approval of an amendment to section 4-4, “Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events,” of the Code of Ordinances to modify the definition of, and requirement for, a 'Special Event'. 17-03032g. Sponsors:Nettles Special Events Ordinance Amendment FinalAttachments: Presentation, possible action, and discussion on approving a construction contract with TF Harper, in the amount of $339,853.30 for improvements to various City Park playgrounds. 17-03052h. Sponsors:Schmitz Park Improvements R Proposal Playground Proposal R Brothers Playground Proposal R Lemontree Swing Area Renovation R Proposal Swing Area Renovation R Proposal Signed Contract (002) Multiple Parks - signed Attachments: Presentation, possible action, and discussion on a bid award for 15 kV circuit breakers and a 138 kV Circuit Switcher, which will be used in the upcoming Graham Road Substation Construction Project or be maintained in electrical inventory and expended as needed. To achieve economy of scale pricing on the 15 kV circuit breakers, capital and operational needs for FY 18 projects were combined for this bid. The total recommended award is $746,347 and will be awarded by line item to the lowest responsible bidder. 17-03062i. Sponsors:Crabb TabulationAttachments: Presentation, possible action, and discussion regarding a resolution authorizing a License Agreement with Bracol Developers, LLC for a 62 square foot encroachment into the public utility easement on Lot 23R, Block 4, Prairie View Heights Subdivision, according to the plat recorded in Volume 13331, Page 121 of the Official Records of Brazos County, Texas. 17-03072j. Sponsors:Cotter Page 3 College Station, TX Printed on 7/7/2017 July 13, 2017City Council Regular Meeting Agenda - Final Vicinity Map Location Map License Agreement Resolution exhibit a to ordinance- License Agreement Attachments: Presentation, possible action, and discussion on an Amendment to the lease agreement with Wirestar Inc. for lease of City Fiber Optic Cable Facilities. 17-03082k. Sponsors:Roper Wirestar Amendment signed.pdfAttachments: Presentation, possible action, and discussion regarding renewing contracts for Temporary Personnel Services with Spherion Staffing LLC and Kelly Services. The estimated annual expenditure for temporary personnel services is $340,000. 17-03132l. Sponsors:Pond Spherion Renewal 1 Kelly Services Renewal 1 Attachments: Presentation, possible action, and discussion on approving a contract for the grant of federal HOME Investment Partnership Grant Program Community Housing Development Organization Set-Aside funds with Elder-Aid, Inc. in the amount of $220,000 for acquisition and rehabilitation of two (2) existing dwelling units located at 3400-3402 Normand to be used as affordable rental housing for income-eligible elderly households. 17-03142m. Sponsors:Eller Attachment 1 - Contract Attachment 2 - Location Map Attachments: Presentation, possible action, and discussion on approving a contract providing Community Development Partnership Grant (CDBG) funds to Bryan-College Station Habitat for Humanity, Inc . in the amount of $794,000 for the acquisition, development, and infrastructure costs related to the construction of at least eight affordable single-family homes at 14015 Renee Lane. 17-03152n. Sponsors:Eller B-CS Habitat for Humanity CDBG Funding Contract - Executed Attachment 2 - Location Map Attachments: Presentation, possible action, and discussion on approving a contract granting Community Development Partnership Grant 17-03162o. Page 4 College Station, TX Printed on 7/7/2017 July 13, 2017City Council Regular Meeting Agenda - Final (CDBG) funds to Twin City Mission in the amount of $471,500 for the acquisition and rehabilitation costs related to the creation of four affordable rental units located at 2404 Blanco Drive. Sponsors:Eller Twin City Mission CDBG Funding Agreement - Executed Attachment 2 - Location Map Attachments: Presentation, possible action, and discussion on professional services contract no. 17300450 with Binkley & Barfield in the amount of $110,598 for the professional engineering services related to the preliminary design of the FM 2154/Holleman Intersection Safety Improvements Project. 17-03172p. Sponsors:Harmon Project MapAttachments: Presentation, possible action, and discussion regarding Change Order No. 1 to contract 16300415 with Binkley and Barfield, Inc. for the FM 2818 Capacity Improvement Project decreasing the design contract by $70,631.41 for a new contract total of $500,471.09. 17-03182q. Sponsors:Harmon Change Order 1 - Signed Project Location Map Attachments: Presentation, possible action, and discussion on professional services contract 17300476 with Binkley and Barfield, Inc., in the amount of $397,190.36, for engineering and surveying services associated with the FM 2818 Capacity Improvements Project. 17-03192r. Sponsors:Harmon Project Location MapAttachments: Presentation, possible action, and discussion on the renewal of the annual blanket purchase orders for Type D Hot Mix Asphalt to be picked up by City Crews for the maintenance of streets to Knife River Corp- South for $1,397,500 and Brazos Paving, Inc. for $427,000. The total annual not to exceed expenditure is $1,824,500. 17-03212s. Sponsors:Harmon bid #16-081 tabulation Bid 16-081 BPI Materials - Signed Bid 16-081 Knife River - Signed Attachments: Presentation, possible action, and discussion regarding approval of professional services contract no. 17300470 with Kimley-Horn and 17-03232t. Page 5 College Station, TX Printed on 7/7/2017 July 13, 2017City Council Regular Meeting Agenda - Final Associates, Inc. in the amount of $240,036, for the design and construction phase services for the Southwood Valley Trunk Line Phase I Project. Sponsors:Harmon 2017-05-30 PLM - Southwood Valley Trunk Line - Phase 1Attachments: Presentation, possible action, and discussion on professional services contract no. 17300421 with Jones & Carter, Inc. in the amount of $266,000, for the design, bidding, and construction administration for the State Highway 6 Waterline Phase III project. 17-03242u. Sponsors:Harmon Presentation, possible action, and discussion regarding approval of an Interlocal Agreement (17300486) with Texas A&M University regarding construction and maintenance of sidewalks constructed with the University Drive Pedestrian Safety Improvements Project Phase 2. 17-03252v. Sponsors:Harmon ILA Signed by TAMUAttachments: Regular Agenda Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· A speaker who wishes to include computer -based information while addressing the Council must provide the electronic file to the City Secretary by noon of the Council meeting day when the presentation is planned. The Mayor will recognize individuals who wish to come forward to speak for or against the item. Upon stepping to the podium the speaker must state their name and city of residence, including the state of residence if the city is located out of state. On items related to land use and those that would directly impact the speaker's residence or neighborhood, the speaker is encouraged to identify their College Station neighborhood. Each speaker's remarks are limited to three minutes. A series of timer lights will change from green to yellow and an alarm will sound after two and one -half minutes to signal thirty seconds remaining to conclude the remarks. At three minutes the timer light will change to red and the final alarm will sound. The speaker must then conclude the 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. Presentation, possible action, and discussion regarding the rejection of the low bid from Texcon General Contractors, and the approval of contract 17300449 with Brazos Paving, Inc. for the construction and or installation of One Inch Overlay With Specialty Mix as needed for an amount not to exceed $472,000. 17-03201. Page 6 College Station, TX Printed on 7/7/2017 July 13, 2017City Council Regular Meeting Agenda - Final Sponsors:Harmon Bid Tab 17-287 Texcon Rejection Formal Response - Final Attachments: Presentation, possible action, and discussion regarding the rejection of the bid from Texcon General Contractors, and the approval of contract 17300391 with Palasota Contracting, LLC for Southwest Parkway Drainage Improvements in an amount not to exceed $286,088. 17-03222. Sponsors:Harmon Texcon Rejection Formal Response - Final1Attachments: 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 RS Restricted Suburban and GS General Suburban for approximately 2.43 acres being Pebble Creek Phase 2C, Block 20 and Block 21, of the Official Records of Brazos County, Texas, located at 5101 & 5201 Pebble Creek Parkway, more generally located at the intersection of Pebble Creek Parkway & Champions Boulevard. 17-03353. Sponsors:Paz Background Info SAM & Aerial Rezoning Map Ordinance Letters from Pebble Creek OA & Pebble Creek Garden HOA Emails & letters of Opposition Petition of Opposition 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 amending ordinance number 2012-3404 adopted on or about April 26, 2012 which created a PDD Planned Developent District by making changes to a portion of such district known as Harper's Crossing, Block 1, Lot 2 located at 2849 Barron Road by amending the uses and requirements thereof. 17-03364. Sponsors:Paz Page 7 College Station, TX Printed on 7/7/2017 July 13, 2017City Council Regular Meeting Agenda - Final Background Info SAM & Aerial Ordinance Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from MF Multi-Family and GC General Commercial to MF Multi-Family and GC General Commercial for approximately 17.8 acres generally located at the northeast corner of the intersection of Turkey Creek Road and Raymond Stotzer Frontage Road. 17-03375. Sponsors:Bombek Background Aerial and Small Area Map Rezoning Map Ordinance Attachments: 6.Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated agenda items: A Council Member 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. 7. 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 July 7, 2017 at 5:00 p.m. _____________________ 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 Page 8 College Station, TX Printed on 7/7/2017 July 13, 2017City Council Regular Meeting Agenda - Final (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 9 College Station, TX Printed on 7/7/2017 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0298 Name:Minutes Status:Type:Minutes Consent Agenda File created:In control:6/9/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion of minutes for: ·June 8, 2017 Workshop ·June 8, 2017 Regular Meeting Sponsors:Sherry Mashburn Indexes: Code sections: Attachments:WKSHP060817 DRAFT Minutes RM060817 DRAFT Minutes Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: •June 8, 2017 Workshop •June 8, 2017 Regular Meeting Relationship to Strategic Goals: ·Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: •June 8, 2017 Workshop •June 8, 2017 Regular Meeting College Station, TX Printed on 7/7/2017Page 1 of 1 powered by Legistar™ WKSHP060817 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION JUNE 8, 2017 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Blanche Brick Jerome Rektorik Linda Harvell Barry Moore Julie Schultz James Benham City Staff: Student Liaison Kelly Templin, City Manager Tory Oxendahl, Municipal Affairs 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 Mooney at 4:35 p.m. on Thursday, June 8, 2017 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 §551.074-Personnel, the College Station City Council convened into Executive Session at 4:40 p.m. on Thursday, June 8, 2017 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit:  Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and  Charlton F. Clayton v. City of College Station; Case: 4:16-cv-03485 in the US District Court for the Southern District of Texas Houston Division.  McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; WKSHP060817 Minutes Page 2 Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas B. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Secretary  City Manager The Executive Session recessed at 6:11 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. No items were pulled from Consent. 5. Presentation, possible action, and discussion regarding an update on the proposed Bryan/College Station Metropolitan Planning Organization (MPO) 2050 Major Thoroughfare Concept Map and the College Station Thoroughfare Plan. Jason Schubert, Planning and Development, reported that the Bryan/College Station Metropolitan Planning Organization (MPO) has held a series of meetings seeking public feedback regarding a draft MPO 2050 Major Thoroughfare Concept Map, which is a planning concept, and does not set roadway alignments. The Concept Map covers the entire MPO planning boundary of Brazos County and includes major thoroughfare classifications of minor arterial, major arterial, super arterial, and freeway. The Concept does not show minor collectors or major collectors which are smaller thoroughfares commonly identified on municipal thoroughfare plans. The last public meeting was held on May 15, 2017 to receive feedback on additional revisions that have been made to the initial draft Concept Map. The Concept Map was considered by the MPO Policy Board at their June 7, 2017 meeting. Once the 2050 MPO Major Thoroughfare Concept Map is adopted, staff will work to incorporate the changes proposed by the Concept Map into the College Station Thoroughfare Plan. Following the incorporation of the MPO Concept Map, it is anticipated that the 10-year update of the Comprehensive Plan will also involve land use considerations in which the City’s thoroughfare plan will be further evaluated. 6. Presentation, possible action, and discussion regarding capital project funding Jeff Kersten, Assistant City Manager, noted that the capital budget addresses growth and new and existing infrastructure need. The FY17 budget is $108,190,988. It covers general government and utilities. Funding sources include long term debt, which is the primary source for funding capital projects. Long term debt includes general obligation bonds/certificates of obligation, property tax, and utility rates. Long term debt is traditionally issued once a year. A second category of funding sources are the reserve funds from the general fund, utility funds, hotel tax, and equipment replacement. Some other funding sources include impact fees, park land/sidewalk dedication funds, grants, TIRZ/MMD, and proceeds from the sale of assets. Roadway assessments, cost WKSHP060817 Minutes Page 3 sharing with other governments, leasing, donations, and public private partnerships are other funding sources. Impact fee project needs have been identified for the next ten years. These include roadw ays, water, and wastewater. Key facility needs have also been identified: police station, renovation of the existing police department, city hall, fire station #7, and Arts Council building renovation. Funding options to address these needs include long term debt – tax rate. One cent will yield approximately $10 million in debt capacity. Hotel tax funds have a limited use, an estimated $13 million over five years. Transportation impact fees are restricted by zone for an estimated $1 million per year. The parkland/sidewalk dedication funds also have a limited use. Staff will continue to look at other funding options. Funding options for utility projects will include utility rates, reserve funds ad impact fees (an estimated $2-3 million per year). Again, staff will look for other options. 7. Council Calendar Council reviewed the calendar. 8. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council Sub-Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Economic Development Committee, FBT/Texas Aggies Go to War, 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. Councilmember Brick reported on the College Station history book. WKSHP060817 Minutes Page 4 9. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 7:16 p.m. on Thursday, June 8, 2017. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM060817 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JUNE 8, 2017 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Blanche Brick Jerome Rektorik Linda Harvell Barry Moore Julie Schultz James Benham City Staff: Student Liaison Kelly Templin, City Manager Tory Oxendahl, Municipal Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney 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 Mooney at 7:17 p.m. on Thursday, June 8, 2017 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Presentation to Whitney Browning in recognition as recipient of the Girl Scout Gold Award Mayor Mooney presented a proclamation to Whitney Browning, honoring her achievement in receiving the Gold Award and proclaimed June 8, 2017 as Whitney Browning Day. Hear Visitors Comments Ben Roper, College Station, came before Council to honor the service and sacrifice of Pvt. 1st Class Clayton W. Henson. George Dresser, Southside Neighborhood area, quoted an article that appeared in the Eagle regarding the benefits for home ownership. He noted that the neighborhoods are converting from homeowners to renters. He asked for help in preserving neighborhoods. RM060817 Minutes Page 2 Emily Jane Cowen, College Park neighborhood, provided details of life in a neighborhood. She purchased a 1930’s home and renovated it. The quaint neighborhood is being destroyed one demolition and re-zone at a time. She is here representing the newly formed Save Our Southside group. They support rehabilitation but only in a manner that protects the quality of life of neighborhood. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  May 25, 2017 Workshop  May 25, 2017 Regular Meeting 2b. Presentation, possible action, and discussion regarding the approval of a consultant contract (Contract No. 17300397) with Kimley-Horn and Associates, Inc., in the amount of $816,600, for design and construction phase services for the Woodson Village Rehab Project and approval of Resolution 06-08-017-2b, declaring intention to reimburse certain expenditures with proceeds from debt. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated agenda items: A Council Member 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. Mayor Mooney asked to look at other city ordinances related to Town & Gown cities. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 7:36 p.m. on Thursday, June 8, 2017. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0277 Name:Lick Creek WWTP Generator Status:Type:Contract Consent Agenda File created:In control:6/5/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding construction contract 17300389 with McDonald Municipal & Industrial, in the amount of $1,126,469 for the Lick Creek Wastewater Treatment Plant Generator Addition Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Location Map - Lick Creek WWTP Generator Replacement Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding construction contract 17300389 with McDonald Municipal & Industrial, in the amount of $1,126,469 for the Lick Creek Wastewater Treatment Plant Generator Addition Project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of this construction contract. Summary: This project includes the construction & installation of a backup power generating system with a minimum 600kW diesel fuel generator & concrete pad, the construction of an asphalt driveway to generator pad with storm culverts, the construction of a metal canopy for two new automatic transfer switches & a generator paralleling system mast control panel with a power distribution panelboard, the relocation of about 100 linear feet of 8-inch water line, and the installation of necessary controls, conduit, & wire, in relation to large equipment installation as well as modifications to existing electrical components. Reviewed and Approved by Legal: Yes Budget & Financial Summary: A budget of $1,365,000 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of $196,050 has been expended or committed to date, leaving a balance of $1,168,950 for this contract and remaining expenditures. Attachments: 1.Construction Contract No. 17300389 (On file in the City Secretary's Office) 2.Project Location Map College Station, TX Printed on 7/7/2017Page 1 of 1 powered by Legistar™ !?> Vä !!2 !!2 !!2 !!2!!2 !!2!!2!!2 C A R T E R SCREEKT R IB U TARY4.1ALU MCR E E KTRIBUTA R Y1A LUMCREEK LICKCREEK ROCK PRAIRIE ROAD A A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 Legend Project Location !!2 StandardVäLift Stations ?>Treatment Plants !Fittings Gravity Force Streets Functional Classification MAJOR COLLECTOR Rivers Project Location MapLick Creek WWTPGenerator Addition± ± Created: 5/31/2017 0 1,000 2,000 3,000 4,000 5,000250500750FeetFeet Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0278 Name:Newton Road One-Way Operation Status:Type:Ordinance Consent Agenda File created:In control:6/5/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion of an ordinance amending Code of Ordinances Chapter 10, “Traffic Code”, Section Two “Traffic Control Devices”, J “One-Way Streets and Alleyways” by making Newton Road one-way between Aberdeen Place and George Bush Drive. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Newton One Way Exhibit A Newton One Way Ordinance Action ByDate Action ResultVer. Presentation, possible action, and discussion of an ordinance amending Code of Ordinances Chapter 10, “Traffic Code”, Section Two “Traffic Control Devices”, J “One-Way Streets and Alleyways” by making Newton Road one-way between Aberdeen Place and George Bush Drive. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance amendment. Summary:This ordinance makes Newton Road between its intersections with Aberdeen Place and George Bush Drive a one-way operation roadway.The purpose of this ordinance is to improve safety and mobility for people driving,people walking,and people riding bicycles.Public Works evaluated the roadway for one-way operation based upon a request from St.Thomas’Episcopal Church.Newton Road at its intersection with George Bush Drive is 10.5 ft.wide and there are trees and a utility pole less than 2 feet from pavement.These obstructions require traffic on George Bush Drive to significantly slow down before turning and traveling southbound on Newton Road.The activity in the area was observed and it was determined that majority of people driving,walking and/or riding bicycles utilize Newton Road traveling northbound toward George Bush Drive.City services such as sanitation routes will not be impacted with this modification.Additionally,the Texas A&M A.I.&Manet Schepps Hillel Center was contacted regarding any comments they had about the operational change. They supported converting this section of the street to a one-way operation. Traffic Engineering discussed this proposed change with the Traffic Management Team on February 24, 2017. To improve safety and mobility for people driving, people walking, and people riding bicycles, the Traffic Management Team recommends approving this ordinance. Budget & Financial Summary: The “ONE WAY” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operation budget. College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0278,Version:1 Attachments: 1.Ordinance 2.Project Location Map College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ ¯°³´NE W T O N R O A DGEORGE BUSH DRIVEABERDEEN PLACEDE X T E R D R I V E GEORGE BUSH DRIVEÜ Proposed One-way operation Newton Road between Aberdeen Place and George Bush Drive ORDINANCE NO. EXHIBIT "A"Page 3 of 3 ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTION TWO “TRAFFIC CONTROL DEVICES”, J “ONE-WAY STREETS AND ALLEYWAYS”, TRAFFIC SCHEDULE VII – “ONE-WAY STREETS AND ALLEYWAYS” MAKING A PORTION OF NEWTON ROAD ONE WAY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10, “Traffic Code”, of The Code of Ordinances of The City of College Station, Texas, Section Two “Traffic Control Devices”, J “One-Way Streets and Alleyways”, Traffic Schedule VII – “One-Way Streets and Alleyways” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00). 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 19th day of June, 2017. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Ordinance No. Page 2 of 3 EXHIBIT “A” That Chapter 10, “Traffic Code”, of The Code of Ordinances of The City of College Station, Texas, Section Two “Traffic Control Devices”, J “One-Way Streets and Alleyways”, Traffic Schedule VII – “One-Way Streets and Alleyways” is hereby amended to include the following: Newton Road- beginning at its intersection with Aberdeen Place and ending at its intersection with George Bush Drive is one-way northbound, toward George Bush Drive. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0288 Name:Economic Development Agreement Status:Type:Agreement Consent Agenda File created:In control:6/6/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding approval of an agreement to terminate an economic development agreement between the City of College Station, Research Valley Partnership and PM Realty Group and approval of a Release of Memorandum of Economic Development Agreement regarding the same. Sponsors:Natalie Ruiz Indexes: Code sections: Attachments:Termination Agreement Signed by Chimney Hill Release Signed by Chimney Hill Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of an agreement to terminate an economic development agreement between the City of College Station, Research Valley Partnership and PM Realty Group and approval of a Release of Memorandum of Economic Development Agreement regarding the same. Relationship to Strategic Goals: ·Good Governance ·Diverse Growing Economy Recommendation(s): Staff recommends approval of the termination agreement and release. Summary: This economic development agreement was originally approved by the City Council on December 12, 2013. The purpose of the agreement was to facilitate the sale and redevelopment of the Chimney Hill Shopping Center property on University Drive into a unique, urban and destination- oriented commercial project. The original agreement was very project specific and required a structured parking garage with a mix of land uses including multi-family, retail, hotel and restaurants. The owner of the property has requested to modify the current redevelopment plans to reflect changes in the local real estate market and move towards a more traditional suburban commercial project with surface parking. In order to make this change and continue with redevelopment efforts there are two actions required by the City Council. One, modify or terminate the economic development agreement. Two, modify the existing Planned Development zoning district and concept plan. The owner has submitted a rezoning application to modify the redevelopment plans. That application will be considered by the Planning and Zoning Commission and City Council at a future public hearing. College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0288,Version:1 Terminating the agreement will allow redevelopment efforts to continue. The permitted land uses, general layout and development intensity will be considered in the future with the rezoning of the property. Budget & Financial Summary: N/A Attachments: Termination Agreement Release College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0297 Name:No Parking Here To Corner on the east side of Stasney Status:Type:Ordinance Consent Agenda File created:In control:6/8/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion of an ordinance amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime”, to include No Parking Here To Corner on the east side of Stasney from its intersection with Cherry Street, extending south 85 feet. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Exhibit A - No Parking 400 Stasney Stasney Parking Removal Ordinance Action ByDate Action ResultVer. Presentation, possible action, and discussion of an ordinance amending Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime”, to include No Parking Here To Corner on the east side of Stasney from its intersection with Cherry Street, extending south 85 feet. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: The purpose of this ordinance is to include No Parking Here to Corner on the east side of Stasney from its intersection with Cherry street, extending south 85 feet. There are currently 16 metered parking spaces in the 400 block of Stasney. People illegally park between the designated metered parking spaces and the corner at the intersection of Stasney Street and Cherry Street. This parking behavior causes safety concerns due to limited vision of drivers turning from Stasney Street on to Cherry Street. Additionally, the geometric configuration of Stasney causes a more narrow approach to the intersection and would limit the ability of emergency vehicles to access the area. Given these observations, to improve safety, mobility, and emergency vehicle access along Stasney Street and Cherry Street, the City of College Station Traffic Management Team recommends College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0297,Version:1 approving this ordinance. Budget & Financial Summary: The “NO PARKING HERE TO CORNER” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Attachments: 1.Ordinance 2.Map College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ ST A S N E Y S T R E E T TA U B E R S T R E E T NA G L E S T R E E T CHERRY STREETCROSS STREETCROSS STREETProposed No Parking Here To CornerAlong East side 400 Stasney Stree. .Proposed No Parking Here To CornerExisting No Parking Anytime ORDINANCE NO. __________Page 3 of 3 ORDINANCE NO.__________________ AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 4 “ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS”, E “PARKING REGULATIONS OF CERTAIN DESCRIBED AREAS”, (1) “TRAFFIC SCHEDULE XIV - NO PARKING HERE TO CORNER OR NO PARKING ANYTIME”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING NO PARKING THE EAST SIDE OF STASNEY FROM THE CHERRY STREET INTERSECTION AND EXTENDING 85 FEET TO THE SOUTH, BY PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed liable for a civil offense and/or guilty of a Class C misdemeanor, and, upon a finding of liabilit y thereof, shall be punished by a civil penalty of not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), or upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Said Ordinance becomes effective ten (10) days after date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 13th day of July, 2017. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Ordinance No . _________ Page 2 of 3 EXHIBIT “A” That Chapter 10, “Traffic Code”, Section 4 “Administrative Adjudication of Parking Violations”, E “Parking Regulations of Certain Described Areas”, (1) “Traffic Schedule XIV – No Parking Here to Corner or No Parking Anytime”, is hereby amended to include the following: No parking here to corner on the east side of Stasney Street beginning from the Cherry Street intersection and extending to the south for 85 feet. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0300 Name:Funding Increase for Electric Reliability Council of Texas Fees (ERCOT) Status:Type:Change Order Consent Agenda File created:In control:6/12/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding approval of additional expenditure of funds for Electric Reliability Council of Texas (ERCOT) fees in the amount of $37,000. Sponsors:Timothy Crabb Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding approval of additional expenditure of funds for Electric Reliability Council of Texas (ERCOT) fees in the amount of $37,000. Relationship to Strategic Goals: (Select all that apply) · ·Financially Sustainable City ·Core Services and Infrastructure Recommendation(s): Staff recommends the approval of increasing the amount of funding by $37,000 for the ERCOT fees due to additional costs for equipment and wide area network (WAN) fees for the electric back-up control center. Summary: College Station is required by NERC to have a back-up control center for the operation of the electric transmission system in the event the primary control center is compromised/damaged/destroyed.To achieve NERC compliance as quickly as possible,the first back-up control center was set up in 2008 using a former chlorine storage building at Carter Creek Wastewater Treatment Plant.This facility was less than optimal for numerous reasons (including no restroom for employees working 12 hour shifts there). This year a new back-up control center was constructed.The new facility is in a more secure location,is larger,includes restrooms and running water,and is more conducive to extended work hours. College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0300,Version:1 The original amount of $74,000 was approved by Council on 9/22/16 as part of annual exemptions for the fiscal year 2017 budget.This increase of $37,000 should cover bills for the rest of the fiscal year. The increased expenditures for equipment and WAN fees have exhausted these funds,and the requested increase is to cover fees for the remainder of the fiscal year.The fees will decrease when the old back-up control center is completely decommissioned by ERCOT/AT&T/Sprint. Budget & Financial Summary: Funds are available in the Electric Fund Operating Budget. Attachments: College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0303 Name:Special Events Ordinances Status:Type:Ordinance Consent Agenda File created:In control:6/13/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding approval of an amendment to section 4-4, “Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events,” of the Code of Ordinances to modify the definition of, and requirement for, a 'Special Event'. Sponsors:Aubrey Nettles Indexes: Code sections:Sec. 4-4. - Carnivals, circuses, menageries, sideshows, concessions, and special events. Attachments:Special Events Ordinance Amendment Final Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of an amendment to section 4-4, “Carnivals, Circuses, Menageries, Sideshows, Concessions, and Special Events,” of the Code of Ordinances to modify the definition of, and requirement for, a 'Special Event'. Relationship to Strategic Goals: (Select all that apply) ·Good Governance Recommendation(s):staff recommends approval of the amendment. Summary:In an effort to enhance the efficiency of the special event permit process, a special events task force was developed earlier this year consisting of leadership from the city manager’s office, city attorney’s office, police department, fire department, parks & recreation and planning & development services. The task force discussed changes to the definition of a special event, as well as changes to the application, traffic control plan and insurance requirements. Based on those discussions, the definition of a special event has been modified to incorporate events held on city property that have an attendance greater than 5,000 and/or alcohol is permitted. The special event permit application deadline has been changed to at least 30 calendar days prior to the proposed opening date or time of the event. Clarifications regarding traffic control plan and insurance requirements were also included. The changes are reflected in the attached document. Budget & Financial Summary: N/A Attachments: Special Events Ordinance Amendment Final College Station, TX Printed on 7/7/2017Page 1 of 1 powered by Legistar™ ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTION 4-4. “CARNIVALS, CIRCUSES, MENAGERIES, SIDESHOWS, CONCESSIONS, AND SPECIAL EVENTS,” 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 4, “BUSINESS REGULATIONS”, Section 4-4. “CARNIVALS, CIRCUSES, MENAGERIES, SIDESHOWS, CONCESSIONS, AND SPECIAL EVENTS,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this ________ day of ___________________, 2017. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO. _______ Page 2 of 11 EXHIBIT “A” That Chapter 4, “BUSINESS REGULATIONS”, Section 4-4., “CARNIVALS, CIRCUSES, MENAGERIES, SIDESHOWS, CONCESSIONS, AND SPECIAL EVENTS,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by deleting said section in its entirely and replacing with the following: Sec. 4-4. - Carnivals, circuses, menageries, sideshows, concessions, and special events. A. Permit required. It shall be unlawful to operate or conduct within the City any carnivals, circuses, menageries, sideshows, concessions, or special events without first securing a permit. Permits required by this section shall be posted on site in a conspicuous location for the duration of the event. B. Definitions. For the purposes of this section, the following terms shall have the meaning given herein: (1) Applicant. "Applicant" means a person who has filed a written application for a permit. (2) Building Official. "Building Official" means the Building Official of the City of College Station, Texas or his delegate. (3) Carnival. "Carnival" means and includes amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities, and side shows. A carnival shall not include gambling devices, games of chance, lotteries, or other activities in violation of state law. (4) Chief of Police. "Chief of Police" means the Chief of Police of the City of College Station, Texas, o r his delegate. (5) Circus. ORDINANCE NO. _______ Page 3 of 11 "Circus" means and includes a public entertainment consisting of but not limited to performances by people and animals. (6) Director of Utilities. "Director of Utilities" means the Director of Utilities of the City of College Station, Texas, or his delegate. (7) Event. "Event" means and includes any carnival, circus, menagerie, sideshow, concession, or special event. (8) Fifteen-day operation. "Fifteen-day operation" means the greater of fifteen (15) calendar days or one hundred fifty (150) hours of operation in a calendar year. (9) Fire Marshal. "Fire Marshal" means the Fire Marshal of the City of College Station, Texas, or his delegate. (10) Menagerie. "Menagerie" means and includes a collection of live animals on exhibition. (11) Non-profit association. "Non-profit association" means an association in which no part of the income of which is distributable to its members, directors or officers. (12) Northgate Central Business District. "Northgate Central Business District" means the Northgate area identified and referenced in Resolution Number 10-21-2004-13.04. (13) Sideshows and concessions. "Sideshows and concessions" means and includes circuses, menageries, carnivals, and other amusement enterprises, which are open to the public and for which a fee is charged for admission. (14) Special event. "Special event" means a for-profit or non-profit event to which the public is invited, held on public or private property, at which over two hundred fifty (250) individuals attend, and held outside the confines of a building or permanent structure. The term includes but is not limited to any meeting, entertainment, performance, show, exhibition, or amusement. ORDINANCE NO. _______ Page 4 of 11 The term also includes events in the Northgate Central Business District, regardless of attendance, providing for the sale and/or consumption of alcohol. The term also includes events held within the confines of Wolf Pen Creek Park, Amphitheater and Festival Site or other outdoor city facilities, where there are more than five thousand (5,000) attendees or where alcohol is permitted. The term does not include: - events held in residential structures, - events held in licensed premises, - gatherings for athletic events that are held in facilities designed for athletic events, or - other than as set out above, events held within the confines of the Wolf Pen Creek Park, Amphitheater and Festival Site or other outdoor city facilities. C. Fifteen-day operation. (1) No event shall be operated under a permit authorized herein for more than the greater of fifteen (15) calendar days or one hundred fifty (150) hours during a calendar year, with the exception of businesses permitted through Code of Ordinance Chapter 4 "Business Regulations" Section 21 "Northgate Outdoor Dining and Entertainment." (2) Operation of such an event for more than the referenced length of time shall be considered a permanent business for which site plan approval is required under the City of College Station Unified Development Ordinance. If the event is not operated on consecutive calendar days, an inspection as provided under subsection H. herein shall be required each time before the event resumes. D. Northgate Central Business District. (1) An event in the Northgate Central Business District providing for alcohol sales or consumption shall have a valid permit or license to sell or serve alcoholic beverages issued by the Texas Alcoholic Beverage Commission. (2) An event in the Northgate Central Business District involving the sale or consumption of alcohol shall not be operated under a permit authorized herein for more than three (3) consecutive days. E. Exemptions. City sponsored events are exempt if: (1) The event is held on City property; and (2) A policy or procedure establishes protocols for security, public safety, sanitation, crowd control and traffic control. F. Application requirements. ORDINANCE NO. _______ Page 5 of 11 A permit application shall be submitted to Planning & Development Services at least thirty (30) calendar days in advance of the proposed opening date or time of said event. The City Manager or his/her designee may authorize the acceptance of an application less than thirty (30) calendar days prior to the event provided all permit requirements have been met. Said application shall include the following information (if applicable): (1) The name, address and telephone number of the applicant and of any other persons responsible for the conduct of the special event. (2) The name of the firm or corporation. (3) The location of the principal place of business of such firm or corporation (4) A description of the event. (5) Whether the event will be in a tent, building, aerodrome, or open area. (6) The location of the event. (7) The projected number of people to attend each performance or event. (8) The proposed opening date(s). (9) The hours and days of the week it will be open to the public. (10) The provisions to be made for parking. (11) The provisions to be made for vehicular ingress and egress. (12) The parking facility and surface composition. (13) The nature and location of temporary signs. (14) The zoning of the land on which the event will be held. (15) The details (such as vendor information, perimeter fencing location, etc.) related to the sale and/or consumption of alcoholic beverages at the event. (16) A traffic control plan, if applicable (17) A current building plan drawn to scale which shall include: (a) Type of construction of any structure. (b) Seating arrangement. (c) Aisles. (d) Structural details and calculations of seats and supports. (e) Location of all electrical wiring. (f) Location of all exits. (g) Location of all fire equipment within any flammable structure and specifications of such equipment. (18) A site plan, adequately dimensioned or drawn to scale, which shall include: ORDINANCE NO. _______ Page 6 of 11 (a) Location of any adjacent structures and obstructions which might hinder free ingress and egress of persons from exits. (b) Locations of hydrants. Fire hydrants must be within five hundred (500) feet of any combustible structures on site. (c) Location of fire lanes, limited in use for ingress and egress of fire trucks showing width of twenty (20) feet, height of fourteen (14) feet. (d) Location of parking facilities. (e) Electric transmission and distribution lines on site. (19) The length of time any structure is intended to be used for the purpose applied for. (20) The length of time the event is to be carried out. (21) The formula of the solution which is used or has been used to flameproof any structure. (22) The date on which flameproof solution was applied to any structure. (23) The number and location of sanitary facilities for persons using the premises on which the event is to be carried out. (24) Provisions for site cleanup and grading if necessary. (25) The applicant shall provide and place printed signs on which the words "No Smoking" shall appear in letters at least four (4) inches high in conspicuous places. G. Conditions of permit. In addition to other requirements set forth herein, the applicant shall furnish suitable evidence of his intention and ability to comply with the following conditions: (1) The applicant shall be wholly responsible for maintaining order and for keeping the site clean, free of trash, papers, and other debris. (2) Trash containers in adequate numbers shall be placed in convenient locations for the use of the public. (3) Sanitary facilities for persons using the premises. (4) Provisions for removal of other waste materials including animal waste materials. (5) Provisions for meeting all other application requirements. (6) Provisions for site cleaning and grading after use of the premises. (7) The premises shall have adequate ingress and egress. (8) Use of premises shall not violate the provisions of the National Electric Code as adopted by the City of College Station's Code of Ordinances. (9) Compliance with any and all other applicable rules and regulations, including food vendor permits, temporary parking approval, park permit, etc. H. Approval of application. ORDINANCE NO. _______ Page 7 of 11 (1) Inspection by the Fire Marshal. The Fire Marshal, in reviewing an application for a permit, shall before such structure or event is open to the public make an inspection to determine if the applicant has made provision for: (a) Adequate aisles, seats, platforms, and poles. (b) Sufficient exits well marked and properly lighted. (c) Lighted and unobstructed passageways to areas leading away from the structure. (d) Removal, before the structure is to be used as a place of public assembly, of any pole, rope, or other obstruction in any aisle or exit. (e) Sufficient first aid fire appliances to be distributed throughout the structure with operating personnel familiar with the operation of such equipment available and assigned during the use of such structure as a place of assembly. (f) Sufficient "No Smoking" signs visible at all times. (g) An employee at all entrances to require the extinguishing of all cigarettes, cigars, or other smoking materials. (h) Announcement at frequent intervals to persons in assembly that smoking within the structure is prohibited. (i) Proper safeguarding of any use of open flames or its use prohibited. (j) The clearing of straw, dry grass, sawdust, or other combustible trash from the structure before it is opened to the public and arrangement made to keep the areas where debris may be expected to accumulate well serviced, especially under open seats. (k) Proper facilities for calling the City Fire Department. (l) Such special fire equipment of the City to attend to such structure made during its use as a public assembly as is necessary for proper fire protection. (m) The tent and canvas parts of the structure, and all combustible, decorative materials, including curtains, acoustic materials, streamers, cloth, cotton batting, straw, vines, leaves, and trees, to be rendered flameproof. (n) If the Fire Marshal determines that the attendance of any fire apparatus or equipment is necessary at or in the vicinity of such structure for fire protection pursuant to the International Fire Code, as adopted by City Council, he shall not ify the applicant before approval of the application. (o) The attendance of such fire personnel as the Fire Marshal may deem necessary for the control of persons in the assembly, to prevent overcrowding, obstruction of aisles and exits, and such other control as may be necessary to render the occupation of such structure by the public safe. ORDINANCE NO. _______ Page 8 of 11 (p) Internal fire lanes which meet the twenty-foot wide, fourteen-foot high access requirement. (2) Inspection by the Building Official. (a) The Building Official shall ascertain if any defect exists in the wiring and provide for immediate correction of any defects which may be found. (b) Ascertain that seats, platforms, and other structural components are adequate to withstand proposed usage. (c) Make an inspection to determine if provision has been made for satisfactory sanitary facilities on or near the premises on which the event is being carried out. (d) Make inspection and determine if adequate trash containers are located on the premises. (3) Inspection by the Chief of Police. (a) The Chief of Police shall make an inspection of such structure or event location before the event is open to the public. (b) An applicant for an event permit shall provide certified peace officers as approved by the Chief of Police for security, crowd control, and traffic control at the event in accordance with the following schedule: Number of Participants and Spectators at Event Minimum Number of Peace Officers Required 0 to 250 0 251 to 1,500 2 1,501 to 3,000 4 3,001 to 5,000 6 Over 5,000 6 plus 1 Peace Officer for every 1,000 participants and spectators over 5,000 at the event (c) The Chief of Police may increase or decrease the number of certified peace officers from those required in the table above, if: (1) Any alcoholic beverage is sold, served, or otherwise made available at the event; (2) Special needs for an increase or decrease in security, crowd control, or traffic control are created by ORDINANCE NO. _______ Page 9 of 11 (A) The topography of the site or size of the event; (B) Weather conditions during the event; or (C) The time of day during which the event is conducted. (3) The event requires street closures or rerouting of vehicular or pedestrian traffic; or (4) The history of the particular event indicates that a greater or lesser number of peace officers are required to protect the public health, safety, and welfare. (d) If the City determines that an event may alter normal traffic patterns, the City may require the applicant to submit a traffic plan for the City’s approval. (e) When the presence of licensed peace officers is necessary, every applicant shall pay for the services of such personnel. The fee for peace officers shall be according to the City's off duty pay schedule. (4) Inspection by the Director of Utilities. The Director of Utilities shall inspect the premises to determine whether proposed use of the site, including the location of structures and equipment, complies with the College Station Electric Safety Code. I. City Inspection Policy. It is the policy of the City that immediately upon arriving at the premises to be inspected, the Building Official, Chief of Police, or Fire Marshal will ordinarily identify himself to an employee at the premises showing an identification card if the employee is not acquainted with the Building Official, Chief of Police, or Fire Marshal or if the Building Official, Chief of Police, or Fire Marshal is not dressed in the apparent uniform of the City of College Station showing his affiliation with the City of College Station. If there is no employee at the scene, the Building Official, Chief of Police, or Fire Marshal may enter any area that is open to the public at the time without identifying himself. The Building Official, Chief of Police or Fire Marshal making a lawful investigation requiring a delay in identification need not identify himself immediately, providing that no person shall be required to admit any such unidentified person to any premises. If the Building Official, Chief of Police, or Fire Marshal is not permitted to enter any place or any part of any premises for inspection, the Building Official, Chief of Police, or Fire Marshal shall not use force but shall leave the premises and seek a search warrant or other appropriate court order to make entry possible. J. Amended application. All events shall take place in accordance with the approved application documents. Any changes made in the application shall be submitted for approval as an amended permit application. Failure to submit an amended application may result in denial/revocation of such permit. K. Application fee. ORDINANCE NO. _______ Page 10 of 11 (1) The applicant shall pay a non-refundable application fee of two hundred dollars ($200.00) upon submission of an application to the City. The application fee may be waived for a non-profit association holding an event. The application fee shall not be waived for any event involving alcohol sales and/or consumption. (2) Re-inspection fee. If the event is not operated on consecutive calendar days, the City shall re-inspect the premises as provided herein. A re-inspection fee of fifty dollars ($50.00) shall be paid by the applicant to the City to cover the cost of each re-inspection. L. Insurance. No permit shall be issued for conducting an event under this section until the Applicant has filed with the City a Certificate or Certificates of Insurance on the most current State of Texas Department of Insurance-approved form, as evidence of a Commercial General Liability Insurance to cover claims for damages to property or injuries to persons, arising out of the use and operation of any and all devices and facilities operated in connection with the event. The Insurance policy shall be issued by a licensed carrier authorized to do business in Texas or the carrier’s authorized agent. The Certificate must show the policy will be in full force and effect for the duration of the event and any activities preparing for the event. Limits of liability of One Million Dollars ($1,000,000) per occurrence for property damage or injury or death to any one person, and not less than Two Million Dollars ($2,000,000) aggregate for property damage or injury or death in any one accident. M. Permit bond. The applicant shall submit a permit bond prior to the issuance of a permit. The bond shall be in the amount of ten thousand dollars ($10,000.00) to cover the entire cost estimated for cleaning up of debris caused by such event, to cover required City Services, and to cover potential damage or injury to property. The bond shall be valid for a period of no less than thirty (30) days after the event is terminated by the applicant hereunder. The bond may be used by the City for cleanup and repair of City property or the property of any resident deemed by the City to have been damaged by the applicant or applicant's employees as a result of the event. In the event the bond is executed to cover costs incurred by the City, the amount of the bond, less deductions for costs incurred or for the replacement, cleanup, or repair of the property of third parties, shall be refunded. N. Contract. The applicant, in tendering his application and receiving a permit, agrees and contracts with the City that he will not exclude at any time any Building Official, Chief of Police or Fire Marshal on duty for the purpose of inspecting, maintaining, and assuring the health, safety, and welfare of the City of College Station. O. Revocation. (1) A permit issued pursuant to this section may be revoked if: ORDINANCE NO. _______ Page 11 of 11 (a) The applicant fails to comply with or the event is in violation of any provision of the permit, City ordinance, or any other applicable law. (b) The application contains a false statement of material fact; or (c) The Building Official, Chief of Police, or Fire Marshal, determine that the event poses a serious threat to the public health, safety or welfare. (2) The applicant or any other person responsible for the event will be notified of such revocation and shall immediately terminate the event. P. Denial/appellate review. Planning & Development Services may deny a permit if the applicant has not met all the requirements established in this section. The applicant may, within five (5) days of the denial, appeal the decision to the City Manager. The City Manager or his delegate shall hold a hearing within ten (10) days thereafter. After the close of the hearing, the City Manager or his delegate shall make a determination concerning approval, denial, or modification of the permit within five (5) days. Q. Penalties. Any person, firm or corporation violating any of the provisions of this ordinance shall be fined pursuant to the general penalty set out in section 1-5 of this Code of Ordinances. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0305 Name:Parks Playground Improvements Status:Type:Contract Consent Agenda File created:In control:6/15/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on approving a construction contract with TF Harper, in the amount of $339,853.30 for improvements to various City Park playgrounds. Sponsors:David Schmitz Indexes: Code sections: Attachments:Park Improvements R Proposal Playground Proposal R Brothers Playground Proposal R Lemontree Swing Area Renovation R Proposal Swing Area Renovation R Proposal Signed Contract (002) Multiple Parks - signed Action ByDate Action ResultVer. Presentation, possible action, and discussion on approving a construction contract with TF Harper, in the amount of $339,853.30 for improvements to various City Park playgrounds. Relationship to Strategic Goals: (Select all that apply) ·Neighborhood Integrity ·Diverse Growing Economy Recommendation(s):Staff recommends approval and award of the construction contract with T.F. Harper for playground and swing improvements in the amount of $339,853.30, and ninety (90) construction days. Summary:The proposed construction project includes removal and installation of three (3) playground structures; Brothers Pond, Lemontree, and Bright Parks. The removal of pea gravel surfacing in two (2) existing swing fall zones; Edelweiss Gartens and Woodland Hills Parks, then adding shredded bonded rubber to all five fall zones Budget & Financial Summary:T.F. Harper; a Buy Board vendor, was asked to submit quotes for the removal and install of all play units and surfacing. Buy Board vendors have been competitively procured, so members automatically have compliance with Texas local and state procurement requirements. Budget for the Brothers Pond, Lemontree and Edelweiss Parks projects has been included in the Parks Capital Improvement Projects Fund as part of the Systemwide parks Improvement Project and budget for the Bright (formerly Raintree) and Woodland Hills Parks projects has been included in the Parkland Dedication College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0305,Version:1 Funds. Legal Review: Yes Attachments: 1. Playground Proposals 2. Construction Contract with T.F. Harper, (on file in the City Secretary’s Office) 3.Site maps/ Sealed Drawings College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 0209207-114-tfh Attn: DATE:February 9, 2017 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY TOTAL COST 1 Remove and Haul off Existing play unit & pea gravel $6,517.50 1 Prep area for bonded Rubber concrete base $4,125.75 1 Provide new playgound equipment (1650 sq. ft.)$37,741.00 1 Freight on Above Equipment $2,895.00 Installation on Above Equipment $13,964.75 Concrete Base (4")$13,282.50 Bonded Rubber Playground Fall Material $18,975.00 Repaint & refurbish Existing Swings (1170 sq. ft.)$3,965.00 Bond, Additional Insurance & Drawings $1,195.00 Less Buyboard Discount ($1,887.00) TOTAL $100,774.50 Accepted by: Date:P.O. # (if applicable): City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Raintree Park (Brite) DESCRIPTION OF EQUIPMENT QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Thank you for giving us the opportunity to quote this equipment. Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 7 to 10 weeks after receipt of order. Park Improvements R Proposal.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 120116-111-tfh Attn: DATE:December 1, 2015 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY Option TOTAL COST 1 Remove and Haul off Existing play unit $675.00 1 Prep area for new bonded Rubber $1,125.00 1 Provide new playgound equipment $36,915.00 1 Freight on Above Equipment $1,686.00 1 Installation on Above Equipment $15,935.25 1350 Concrete Base (4")$7,762.50 1350 Bonded Rubber Playground Fall Material $18,735.50 1 Clean and repaint exisitng swing unit $1,575.00 1 Furnish and install new swings, chain and connections $825.00 1 Prep area for new bonded Rubber $675.00 1168 Concrete Base (4")$7,716.00 1168 Bonded Rubber Playground Fall Material $15,396.00 Bond, Additional Insurance & Drawings $3,847.00 Less Buyboard Discount ($2,954.00) TOTAL $109,914.25 Accepted by: Date:P.O. # (if applicable): City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Brothers Pond Park DESCRIPTION OF EQUIPMENT QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Thank you for giving us the opportunity to quote this equipment. Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 8 to 10 weeks after receipt of order. Playground Proposal R Brothers.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 120116-112-tfh Attn: DATE:December 1, 2015 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY Option TOTAL COST 1 Remove and Haul off Existing play unit $675.00 1 Prep area for new bonded Rubber $1,125.00 1 Provide new playgound equipment $22,912.00 1 Freight on Above Equipment $1,685.50 1 Installation on Above Equipment $11,334.00 910 Concrete Base (4")$5,687.50 910 Bonded Rubber Playground Fall Material $14,332.50 Bond, Additional Insurance & Drawings $3,550.00 Less Buyboard Discount ($1,604.00) TOTAL $59,697.50 Accepted by: Date:P.O. # (if applicable): City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Lemontree Park DESCRIPTION OF EQUIPMENT QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Thank you for giving us the opportunity to quote this equipment. Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 7 to 10 weeks after receipt of order. Playground Proposal R Lemontree.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 0209207-119-tfh Attn: DATE:February 9, 2017 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY TOTAL COST Swing Area Only 1 Remove Existing Pea Gravel & Haul Off $2,664.00 1184 Prep Area for new concrete base $2,233.50 1184 Furnish and install 4" concrete base of new Bonded Rubber $9,578.00 1 Remove existing swing hardware, clean and paint swing frame $985.00 1 Furnish and install new chain, seats & schackles $1,685.65 1184 Install new Bonded Rubber Surfacing $14,148.75 Bond, Additional Insurance & Drawing $969.00 TOTAL $32,263.90 Accepted by: Date:P.O. # (if applicable): Thank you for giving us the opportunity to quote this equipment. DESCRIPTION OF EQUIPMENT City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 7 to 10 weeks after receipt of order. Woodland Hills Park QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Swing Area Renovation R Proposal.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 0209207-112-tfh Attn: DATE:February 9, 2017 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY TOTAL COST 1 Remove Existing Pea Gravel & Haul Off $3,250.00 1300 Prep Area for new concrete base $2,995.75 1300 Furnish and install 4" concrete base of new Bonded Rubber $11,635.75 1 Remove existing swing hardware, clean and paint swing frame $985.00 1 Furnish and install new chain, seats & schackles $1,685.65 1300 Install new Bonded Rubber Surfacing $15,535.00 Bond, Additional Insurance & Drawing $1,116.00 TOTAL $37,203.15 Accepted by: Date:P.O. # (if applicable): Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 7 to 10 weeks after receipt of order. Edelweiss Gardens Park QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Thank you for giving us the opportunity to quote this equipment. DESCRIPTION OF EQUIPMENT City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Swing Area Renovation R Proposal.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 Form Revised on 7-10-12 Contract No. 17300440 Page 1 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT CONTRACT NO. 17300440 This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal corporation (the “City”) and T.F. Harper & Associates, LP, a corporation (the “Contractor”), for the construction and/or installation of Improvements and Repairs to Various City Parks.. 1. DEFINITIONS 1.01. Calendar Day. A "calendar day" is any day of the week or month, no days being excepted. 1.02. City. Whenever the word "City" is used, it shall mean and be understood as referring to the City of College Station, Texas. 1.03. City's Representative. Whenever the words "City's Representative" or "Representative" are used, it shall mean and be understood as referring to the City Manager or his delegate, who shall act as City's agent. The City's Representative may inspect and issue instructions but shall not directly supervise the Contractor. 1.04. Contract Amount. The term “Contract Amount” shall mean the amount of Contractor’s lump sum base bid proposal, together with all alternates, as accepted by the City in accordance with the Contractor’s Proposal. In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices times the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. 1.05. Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.06. Contractor. Whenever the word "Contractor" is used, it shall mean the person(s), partnership, or corporation who has agreed to perform the work embraced in this Agreement and the other Contract Documents. 1.07. Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.08. Final Completion. The term "Final Completion" shall mean that all the work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. 1.09. Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.10. Nonconforming work. The term "nonconforming work" shall mean work or any part thereof that is rejected by City 's Representative as not conforming with the Contract Documents. 1.11. Parties. The "parties" are the City and the Contractor. Form Revised on 7-10-12 Contract No. 17300440 Page 2 1.12. Project. The term "Project" shall mean and include all that is required to obtain a final product that is acceptable to the City. The term "work" shall have like meaning. 1.13. Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contact with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.14. Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.15. Work. The term "work" as used in this Agreement shall mean and include all that is required herein to obtain a final product that is acceptable to the City. The term "Project" shall have like meaning. This Project includes the following: Improvements and repairs to various City parks to include: Repair and/or replacement of playground equipment and playground surfacing. 1.16. Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01. The Contract Documents and their priority shall be as follows: 2.01.01. This signed Agreement 2.01.02. Addendum to this Agreement 2.01.03. General Conditions 2.01.04. Special Conditions 2.01.05. Technical specifications 2.01.06. Drawings 2.01.07. Instructions to Bidders and any other notices to Bidders or Contractor 2.01.08. Performance bond, Payment bonds, Bid bonds and Special bonds 2.01.09. Contractor's Proposal 2.02. Where applicable, the Contractor will be furnished three (3) sets of plans, drawings, specifications, and related Contract Documents for its use during construction. Plans and specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03. The Contractor shall distribute copies of the plans and specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the plans and specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04. All drawings, specifications, and copies thereof furnished by the City shall not be re-used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the plans and specifications and “as built” drawings, are to be returned to the City on request at the completion of the work. All Contract Documents, models, mockups, or other representations are the property of the City. In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, either or both in accordance with the City’s interpretation. The terms and conditions Form Revised on 7-10-12 Contract No. 17300440 Page 3 of this Clause 2.04, however, shall not relieve the Contractor of any of the obligations set forth in Paragraphs 8.01. and 8.02. 3. AWARD OF CONTRACT 3.01. Upon the award of the contract by the City Council, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02. Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the work in the most expedient and efficient possible manner in order to complete the work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the Project shall be commenced on the date to be specified in the notice to proceed. The notice to proceed may be given by oral notification or set by City's Representative at the post-contract award conference. The notice to proceed may not be given, nor may any work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under Paragraphs 27 and 28 (Insurance & Bonds). 3.03. Contract Amount. Except in the event of a duly authorized change order approved by the City as provided in this Contract, and in consideration of the Contractor’s final completion of all work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Three Hundred Thirty-Nine Thousand Eight Hundred Fifty-Three and 30/100 Dollars ($339,853.30) 4. CITY'S REPRESENTATIVE 4.01. The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02. The City's Representative may periodically review and inspect the work of the Contractor. 4.03. The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the work performed under this Agreement and ensure that said work is performed in accordance with the plans and specifications. 4.04. The Contractor shall regard and obey the directions and instructions of City's Representative, any subordinate supervisors or inspectors appointed by the City provided such directions and instructions are consistent with the obligations of this Agreement. 4.05. Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. Form Revised on 7-10-12 Contract No. 17300440 Page 4 5. INDEPENDENT CONTRACTOR 5.01. In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the work on the Project. The Contractor shall have ultimate control over the execution of the work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. 5.02. The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the work and fulfillment of this Agreement. The subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project during the progress of the work a competent Project Manager and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.03. Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the work by the Contractor. It shall be the responsibility of the Contractor to furnish a completed work product that meets the requirements of the City. Any additional work, material, or equipment needed to meet the intent of this specification shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.04. Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the work are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the work and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01. It is understood and agreed that the Contractor has, by careful examination, studied and compared the various Drawings and other Contract Documents, satisfied itself as to the nature and location of the Form Revised on 7-10-12 Contract No. 17300440 Page 5 work, the conditions of the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the work, the time needed to complete the work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any work on the Project that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02. Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the City, but it is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03. If the Contractor fails to perform the obligations of Paragraphs 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9. POST-AGREEMENT AWARD MEETINGS 9.01. Prior to the commencement of the work, the parties shall meet and attend a post-agreement award meeting at the time and place determined by City's Representative. At the post-agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post-agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) Schedules of work contemplated, including the starting and ending date, as well as an indication of the completion of stages of work hereunder. (b) The names and addresses of all proposed subcontractors in writing. (c) Schedules of the starting and ending dates of subcontractors and the scope of work contemplated for subcontractors. (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. Form Revised on 7-10-12 Contract No. 17300440 Page 6 9.02. The City's Representative, within five (5) working days after the initial post-agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01. Unless otherwise specifically provided, the Contractor shall prosecute its work at such time and sessions, in such order of precedence, and in such manner as shall be most conducive to the economy of the Project; provided, however, that the order and time of prosecution shall be such that the Project shall be Substantially Completed in accordance with this Agreement, the plans and specifications, and within the time of completion designated in the schedules agreed upon by the parties. 10.02. Further, the parties shall be subject to the following: (a) The Contractor shall submit a progress schedule and payment schedule of the work contemplated by this Agreement at the initial post-agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's schedule submitted herein. The Contractor shall promptly resubmit a revised schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the work with dates at which the Contractor will start the several parts of the work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the work is not in accordance with the approved progress and payment schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03. The process of approving Contractor’s schedules and updates to Contractor’s schedules shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Contractor’s schedules. Approval of a contractor’s schedules does not constitute a commitment by the City to furnish any City-furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a Claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance Form Revised on 7-10-12 Contract No. 17300440 Page 7 with the requirements of the construction schedules and shall promptly advise the City of any delays or potential delays. In the event any schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04. Work Stoppage. If in the judgment of either the City or City's Representative any of the work or materials furnished is not in strict accordance with this Agreement or any portion of the work is being performed so as to create a hazardous condition, they may, in their sole discretion, order the work of the Contractor or any sub contractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11. SITE CONDITIONS AND MANAGEMENT 11.01. Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off-site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02. The Contractor shall be responsible for all power, light, and water required to perform the work. 11.03. Throughout the progress of the work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04. Layout of Work. Except as specifically provided herein, the Contractor shall lay out all work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all work in accordance with the plans and specifications. 11.05. Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control stakes have been provided by the City’s Representative. All benchmarks and control stakes shall be carefully preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, such stakes, marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06. Contractor's Structures. The building or locating of structures for housing men or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. Form Revised on 7-10-12 Contract No. 17300440 Page 8 11.07. The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.08. City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. Although Contractor should anticipate some delays and interference to its sequence of Work because of work by other contractors and utilities, and will not be entitled to either an extension of time or additional compensation because of them, in the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.09. When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work at the Project site be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01. Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, codes, manufacturer’s instructions and guarantees are required by the Contract Documents, the current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. References to standards, codes, manufacturer’s instructions and guarantees shall apply in full, except (1) they do not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. 12.02. All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other Form Revised on 7-10-12 Contract No. 17300440 Page 9 agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03. Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04. Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05. Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01. The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. Form Revised on 7-10-12 Contract No. 17300440 Page 10 13.02. The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the work will be ready for observation. 13.03. The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the plans, specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if the work is in accordance with the plans, specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04. City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. Further, insurance changes required to keep Contractor’s insurance in effect shall be the responsibility of Contractor. 14. REJECTED WORK 14.01. All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02. If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01. The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02. Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Form Revised on 7-10-12 Contract No. 17300440 Page 11 Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to their work. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01. The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Contract. The Contractor shall issue exemption certificates to its suppliers and Subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State Comptroller’s Ruling No. 95-0.07 and shall be subject to the provision of the State Comptroller’s Ruling No. 95-0.09, effective October 1, 1969. 16.02. Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may require. This schedule, unless objected to by the City, shall be used as a basis for reviewing the Contractor’s Applications for Payment. On or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or modification, a statement showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the work. 16.03. Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Paragraph 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery of all close out documents, such as “as built” drawings, warranties, guarantees, required additional materials, releases, operation and maintenance manuals, and acceptance of the work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04. Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. 16.05. If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06. Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re-stocking charges actually incurred by the Form Revised on 7-10-12 Contract No. 17300440 Page 12 Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07. The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09. Unless otherwise provided in the Contract Documents: (a) allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; (c) whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Paragraph 16.9(a) and (2) changes in the Contractor’s costs under Paragraph 16.9(b). 16.10. Suspension of Payments. The City, at any time, may suspend monthly progress payments on the work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated to Contractor’s surety to withhold payment pursuant to the provisions of this Paragraph. 16.11. Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Paragraph 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work. (b) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (c) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (d) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (e) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (f) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (g) City's determination of an amount of liquidated damages. (h) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. Form Revised on 7-10-12 Contract No. 17300440 Page 13 (i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. Provided, however, City is in no way obligated to Contractor’s surety to withhold payment pursuant to the provisions of this Paragraph. 17. EXTRA WORK CHARGES 17.01. No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02. For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in Paragraph 1.07 and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the contract amount to $1 million or more, subsequent change orders may not increase the revised contract amount by more than twenty -five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dolla rs ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Contractor’s requested change order and Contractor’s failure to include any such cost shall act to Waive and Release any claim for such non included cost. 17.03. The Contractor shall complete all work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the work shall not excuse the Contractor from performing all the work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the work and the Contractor shall assume and pay the costs of the performance of the work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Form Revised on 7-10-12 Contract No. 17300440 Page 14 Method A - By agreed unit prices, or Method B - By agreed lump sum, or Method C - If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost of the work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, public liability, property damage, worker's compensation, and all other insurance as may be required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned manloading to actual manloading, or any other analysis that is used to show damages indirectly. (3) Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the Form Revised on 7-10-12 Contract No. 17300440 Page 15 total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION 18.01. The date of beginning, the time for Substantial Completion and Final Completion of work as specified in this Agreement are of the essence of this Agreement. 18.02. The work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post-award conference. 18.03. The work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. The Contractor bid 90 calendar days for the time within which it shall reach Substantial Completion of the Project. 18.04. The work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 19. SUBSTANTIAL COMPLETION 19.01. The Contractor shall notify City's Representative when, in the Contractor's opinion, the contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the work has been Substantially Completed, City's Representative shall inspect the work for the preparation of a final punch list. (a) If City's Representative and the City find that the work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the work. City's Representative shall not be required to provide a list of unfinished work. (b) If the City Representative and City find that the work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02. The Substantial Completion of the work shall not excuse the Contractor from performing all of the work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01. Contractor shall notify the City's Representative when it believes that the work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02. The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03. Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the Form Revised on 7-10-12 Contract No. 17300440 Page 16 City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the work. 21. DELAYS 21.01. The Contractor, in undertaking to complete the work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02. The City may, in its sole discretion, delay the work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for such stoppage of the work. 21.03. In the event of delays resulting from changes ordered in the work by the City or other delays caused by the City or for the City’s convenience, the Contractor may apply to the City for recovery of incidental damages resulting from increased storage costs or other costs necessary to protect the value of the work. In no event shall any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the work has been delayed by one or more of the following: (1) an act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (2) by changes ordered in the work, or reductions thereto approved in writing; (3) by "rain days" (days with rainfall in excess of one-tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the Texas A&M University weather service; or (4) by other causes that the City and the Contractor agree may reasonably justify delay and that were beyond the Contractor’s reasonable control and ability to estimate, predict, or avoid, such as delays caused by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/or accounted for in the Contractor’s proposal or decision to bid. If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01. The time for the Substantial and Final Completion of the work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the Form Revised on 7-10-12 Contract No. 17300440 Page 17 average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02. As a result of the difficulty in estimation, calculation and ascertainment of City’s damages due to a failure of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may permanently withhold from the Contractor's total compensation the sum of One Hundred Eighty and NO/100 DOLLARS ($180.00) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01. The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02. The Contractor shall take the necessary precautions to protect any areas adjacent to its work. 24.03. The work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01. Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (l) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative and that all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25.02. All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03. This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04. Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. Form Revised on 7-10-12 Contract No. 17300440 Page 18 25.05. This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06. Defective Work Discovered During Warranty Period. If any of the work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one (l) year after the date of the issuance of a certificate of Final Completion of the work or a designated portion thereof, whichever is longer, or within one (l) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly correct the defective work at no cost to the City. 25.07. After receipt of written notice from the City to begin corrective work, the Contractor shall promptly begin the corrective work. The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08. If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09. The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10. The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (l) year after the installation or completion. The one (l) year warranty shall cover all work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01. Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02. Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03. The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04. No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. Form Revised on 7-10-12 Contract No. 17300440 Page 19 26.05. Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06. Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01. The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth in Exhibit B. 28. BOND PROVISIONS 28.01. Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in the City’s discretion, such bonds shall be executed in accordance with all requirements of Article 7.19-1 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit C, together with valid original powers of attorney, at the time of execution of this Agreement and prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit C. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02. The Contractor may make such changes and alterations as the City may require in the work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim Form Revised on 7-10-12 Contract No. 17300440 Page 20 for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01. If the Contractor has abandoned the Project or the City has terminated the contract for cause and the Contractor’s Surety, after notice demanding completion is sent, fails to commence the completion of the work in compliance with this Agreement, then the City at its option may provide for completion of the work in either of the following manners: 29.01.01. The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to said the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. 29.01.02. The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the City’s damages due to Contractor’s abandonment and/or default, including liquidated damages, as provided pursuant to Paragraph 38, entitled “TERMINATION FOR CAUSE” shall be charged to the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02. Should the cost to complete the work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03. In the event the account shows that the cost to complete the work is less than that which would have been the cost to City had the work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the site of the work shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01. The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. Form Revised on 7-10-12 Contract No. 17300440 Page 21 30.02. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01. All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief". 31.02. The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the work as may be necessary. 31.03. The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04. Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in Paragraph 31.07, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as hereafter defined at Paragraph 31.07). In the event Contractor engages in any of the activities prohibited in this Paragraph 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys’ fees, arising out of, incidental to or resulting from the activities prohibited in this Paragraph 31.04. 31.05. In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06. City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be Form Revised on 7-10-12 Contract No. 17300440 Page 22 required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07. For purposes of this Agreement, the term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which are defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the Contractor's responsibility to comply with this Paragraph 31.07 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Tex. Health & Safety Code Ann. §756.022-023 (Vernon 1992), as amended, and the requirements of 29 C.F.R., Sections 1926.650 through 1926.653 inclusive, “Excavation, Trenching and Shoring,” of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City the name of the “competent person” required by OSHA standards to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01. CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON Form Revised on 7-10-12 Contract No. 17300440 Page 23 UNDER THIS CONTRACT. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02. The indemnifications contained in paragraphs 33.01 shall include but not be limited to the following specific instances: (a) In the event the City is damaged due to the act, omission, mistake, fault or default of the Contractor, then the Contractor shall indemnify and hold harmless and defend the City for such damage. (b) The Contractor shall indemnify and hold harmless and defend the City from any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) The Contractor shall indemnify and hold harmless and defend the City from any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) The Contractor shall be responsible for any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The Contractor shall also be responsible for the removal of all related debris. (f) The Contractor shall also be responsible for subcontractors hired by it. (g) The Contractor shall indemnify, hold harmless, and defend the City from any liability caused by the Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03. The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 33.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 34. RELEASE Form Revised on 7-10-12 Contract No. 17300440 Page 24 The Contractor assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. 35. PERMITS AND LICENSES The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the work. 36. ROYALTIES AND LICENSING FEES The Contractor shall pay all royalties and licensing fees. The Contractor shall hold the City harmless and indemnify the City from the payment of any royalties, damages, losses or expenses including attorney's fees for suits, claims or otherwise, growing out of infringement or alleged infringement of patents, materials and methods used in the Project. It shall defend all suits or claims for infringement of any patent rights. Further, if the Contractor has reason to believe that the design, service, process, or product specified is an infringement of a patent, it shall promptly give such information to City's Representative. 37. BREACH OF CONTRACT & DAMAGES 37.01. The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02. Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. Form Revised on 7-10-12 Contract No. 17300440 Page 25 38. TERMINATION FOR CAUSE Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety at any time for any of the following: 38.01. If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or 38.02. If a receiver, trustee, or liquidator of any of the property or income of the Contractor shall be appointed; or 38.03. If the Contractor shall fail to prosecute the work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or 38.04. If the Contractor shall fail to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or 38.05. If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or 38.06. If the Contractor abandons the Work. 38.07. If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 39. TERMINATION FOR CONVENIENCE 39.01. The performance of the work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the work itself or by others, pursuant to the foregoing, then the Contractor and/or Contractor’s surety will reimburse City for all costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. Form Revised on 7-10-12 Contract No. 17300440 Page 26 41. CLOSE OUT 41.01. After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the work as is not terminated; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination; (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Representative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; (f) Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred; and/or 42. TERMINATION CONVERSION Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termination for convenience pursuant to Paragraph 39 and Contractor’s remedy for such termination shall be limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 39. 43. HIRING During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE The effective date of this contract shall be the date of award of the contract. Form Revised on 7-10-12 Contract No. 17300440 Page 27 46. OTHER TERMS 46.01. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.03. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.04. Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.05. Mediation. After receipt of a Notice of Claim, the Owner may elect to refer the matter to the Architect, Owner's Representative or another party for review. Contractor will attend meetings called to review and discuss the Claims and mitigation of the problem, and shall furnish any reasonable factual backup for the Claim requested. The Owner may also elect to defer consideration of the Claim until the Work is completed, in which case the same review options shall be available to the Owner at the completion of the Work. At any stage, the Owner, at its sole discretion, is entitled to refer a Claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a Claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under Owner's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.06. Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.07. Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.08. Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this contract. 46.09 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. Form Revised on 7-10-12 Contract No. 17300440 Page 28 46.10. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.11. Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.12. Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.13. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.14. Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. By: Harper Services, LLC g-1~ofT.F ...... ,~!~ B~ Pnnted ~4} l n.oma;iiiJ.:kiii:pe . •' " . . s LL . • / ·I in its .by.as general PartM! ~T.F. Harper & Associates. LP Form Revised on 7-10-12 ,....,..._._ .... +~T,.. 1""1")1\f\"itf\ CITY OF COLLEGE STATION By: _____________ _ City Manager Date: ------- APPROVED: City Attorney Date: _____ _ Assistant City Manager/CFO Date: _____ _ Form Revised on 7-10-12 Contract No. 17300440 Page 30 EXHIBIT A Insert Appropriate Davis Bacon Wage Rates General Decision Number: TX170016 01/06/2017 TX16 Superseded General Decision Number: TX20160016 State: Texas Construction Types: Heavy and Highway Counties: Atascosa, Bandera, Bastrop, Bell, Bexar, Brazos, Burleson, Caldwell, Comal, Coryell, Guadalupe, Hays, Kendall, Lampasas, McLennan, Medina, Robertson, Travis, Williamson and Wilson Counties in Texas. HEAVY (excluding tunnels and dams, not to be used for work on Sewage or Water Treatment Plants or Lift / Pump Stations in Bell, Coryell, McClennon and Williamson Counties) and HIGHWAY Construction Projects Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 * SUTX2011-006 08/03/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures)......................$ 12.56 ELECTRICIAN......................$ 26.35 FORM BUILDER/FORM SETTER Paving & Curb...............$ 12.94 Structures..................$ 12.87 LABORER Form Revised on 7-10-12 Contract No. 17300440 Page 31 Asphalt Raker...............$ 12.12 Flagger.....................$ 9.45 Laborer, Common.............$ 10.50 Laborer, Utility............$ 12.27 Pipelayer...................$ 12.79 Work Zone Barricade Servicer....................$ 11.85 PAINTER (Structures).............$ 18.34 POWER EQUIPMENT OPERATOR: Agricultural Tractor........$ 12.69 Asphalt Distributor.........$ 15.55 Asphalt Paving Machine......$ 14.36 Boom Truck..................$ 18.36 Broom or Sweeper............$ 11.04 Concrete Pavement Finishing Machine...........$ 15.48 Crane, Hydraulic 80 tons or less.....................$ 18.36 Crane, Lattice Boom 80 tons or less................$ 15.87 Crane, Lattice Boom over 80 tons.....................$ 19.38 Crawler Tractor.............$ 15.67 Directional Drilling Locator.....................$ 11.67 Directional Drilling Operator....................$ 17.24 Excavator 50,000 lbs or Less........................$ 12.88 Excavator over 50,000 lbs...$ 17.71 Foundation Drill, Truck Mounted.....................$ 16.93 Front End Loader, 3 CY or Less........................$ 13.04 Front End Loader, Over 3 CY.$ 13.21 Loader/Backhoe..............$ 14.12 Mechanic....................$ 17.10 Milling Machine.............$ 14.18 Motor Grader, Fine Grade....$ 18.51 Motor Grader, Rough.........$ 14.63 Pavement Marking Machine....$ 19.17 Reclaimer/Pulverizer........$ 12.88 Roller, Asphalt.............$ 12.78 Roller, Other...............$ 10.50 Scraper.....................$ 12.27 Spreader Box................$ 14.04 Trenching Machine, Heavy....$ 18.48 Servicer.........................$ 14.51 Steel Worker Reinforcing.................$ 14.00 Structural..................$ 19.29 TRAFFIC SIGNAL INSTALLER Form Revised on 7-10-12 Contract No. 17300440 Page 32 Traffic Signal/Light Pole Worker......................$ 16.00 TRUCK DRIVER Lowboy-Float................$ 15.66 Off Road Hauler.............$ 11.88 Single Axle.................$ 11.79 Single or Tandem Axle Dump Truck.......................$ 11.68 Tandem Axle Tractor w/Semi Trailer.....................$ 12.81 WELDER...........................$ 15.97 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 1. Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2. Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3. The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4. The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. Form Revised on 7-10-12 Contract No. 17300440 Page 33 Exhibit B INSURANCE REQUIREMENTS During the term of this Agreement Contractor’s insurance policies shall meet the following requirements: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Umbrella / Excess Liability – required for contract amounts exceeding $1,000,000 D. Workers' Compensation E. Builder’s Risk – provides coverage for contractor’s labor and materials for a project during construction that involves a structure such as a building or garage. builder’s risk policy shall be written on “all risks” form. II. General Requirements Applicable to All Policies: A. Only Insurance Carriers licensed and admitted to do business in the State of Texas will be accepted. B. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. C. "Claims Made" policies are not accepted. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City of College Station. E Upon request, certified copies of all insurance policies shall be furnished to the City of College Station. F. The City of College Station, its officials, employees and volunteers, are to be named as “Additional Insured” to the Commercial General, Umbrella and Business Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. III. Commercial General Liability A. General Liability insurance shall be written by a carrier with a “A:VIII” or better rating in accordance with the current Best Key Rating Guide. B. Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. C. Coverage shall be at least as broad as ISO form GC 00 01. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. Form Revised on 7-10-12 Contract No. 17300440 Page 34 E. The coverage shall include but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier with a “A:VIII” or better rating in accordance with the current Best Key Rating Guide. B. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. C. Coverage shall be at least as broad as Insurance Service’s Office Number CA 00 01. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. E. The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. F. Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00. V. Excess Liability Umbrella form excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the contract, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. VI. Those policies set forth in Paragraphs III, IV, and V shall contain an endorsement naming the City as Additional Insured and further providing that the Contractor’s policies are primary to any self-insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form at least as broad as ISO form GC 2026. Waiver of subrogation in a form at least as broad as ISO form 2404 shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. VII. Workers Compensation Insurance A. Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Project must be covered by a workers compensation insurance policy: either directly through their employer’s policy (the Contractor’s or subcontractor’s policy) or through an executed coverage agreement on an approved Texas Department of Insurance Division of Workers Compensation (DWC) form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be Form Revised on 7-10-12 Contract No. 17300440 Page 35 used. B. Workers compensation insurance shall include the following terms: 1. Employer’s Liability minimum limits of $1,000,000.00 for each accident/each disease/each employee are required. 2. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. 3. Texas must appear in Item 3A of the Workers Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. C. Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: “A. Definitions: Certificate of coverage (“certificate”) – An original certificate of insurance, a certificate of authority to self-insure issued by the Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-83, or DWC-84), showing statutory workers’ compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor’s/person’s work on the project has been completed and accepted by the governmental entity. Persons providing services on the project (“subcontractors” in § 406.096 [of the Texas Labor Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. Form Revised on 7-10-12 Contract No. 17300440 Page 36 E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 Form Revised on 7-10-12 Contract No. 17300440 Page 37 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor that entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the governmental entity.” VIII. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: A. The company is licensed and admitted to do business in the State of Texas. B. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. C. All endorsements and insurance coverages according to requirements and instructions contained herein. D. The form of the notice of cancellation, termination, or change in coverage provisions to the City of College Station. E. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. Form Revised on 7-10-12 Contract No. 17300440 Page 38 Exhibit C PERFORMANCE AND PAYMENT BONDS PERFORMANCE BOND THE STA TE OF TEXAS THE COUNTY OF BRAZOS § § § Project N o._1_7_3o_o_4_4o _________ _ Bond# 4401140 KNOW ALL l\1EN BY THESE PRESENTS: THAT WE, T.F. Harper & Associates, LP , as Principal, hereinafter called "Contractor" and the other subscriber hereto FCCI Insurance Company , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Three Hundred Thirty-Nine Thousand Eight Hundred Fifty-Three and 30/100 Dollars ($339,853.30) for the payment of which sum, well and truly to be made to the City of College Station and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of College Station for the construction and/ or installation of Improvements and Repairs to Various City Parks ___________________________________________ all of such work to be done as set out in full in said Contract Documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein. NOW THEREFORE, if the said Contractor shall faithfully and strictly perform Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract Documents referred to therein and shall comply strictly with each and every provision of the Contract, including all warranties and indemnities therein and with this bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. It is further understood and agreed that the Surety does hereby relieve the City of College Station or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, including the making of payments thereunder and, having fully considered its Principal's competence to perform the Contract in the underwriting of this Performance Bond, the Surety hereby waives any notice to it of any default, or delay by the Contractor in the performance of his Contract and agrees that it, the Surety, shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City of College Station shall retain certain amounts due the Contractor until the expiration of thirty days from the acceptance of the Work is intended for the City's benefit, and the City of College Station shall have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree. It is further expressly agreed by Surety that the City of College Station or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract Documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this bond and undertaking or release the Surety therefrom. It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and hold harmless the City of College Station from any liability, loss, cost, expense, or damage arising out of or in connection Form Revised on 7-10-12 Contract No . 17300440 Page 39 with the work done by the Contractor under the Contract. In the event that the City of College Station shall bring any suit or other proceeding at law on the Contract or this bond or both, the Contractor and Surety agree to pay to the City the actual amounts of attorneys' fees incurred by the city in connection with such suit. This bond and all obligations created hereunder shall be performable in Brazos County, Texas. This bond is given in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, which is incorporated herein by this reference. However, all of the express provisions hereof shall be applicable whether or not within the scope of said statute. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United State Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney. ATTEST /WITNESS By: Title: Secretary Date: July 13, 2017 REVIEWED: City Attorney's Office (SEAL) (SEAL) T.F. Harper & Associates, LP (N ~ctm)1 / By: {l!/f_Mf /V~ Name: ~ l\fl.< ? W Title: P~nrw· Date: 4 {I> 5J')'fl f1 FCCI Insurance Company (Full Name of Surety) 6300 University Parkway, Sarasota, FL 34240 (Address of Surety for Notice) Title: Attorney-in-Fact Date: July 13, 2017 THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE CITY OF COLLEGE STATION, TEXAS: City Manager NOTE: Date of bonds must be equal to or after the date of execution by City. Form Revised on 7-10-12 Contract No. 17300440 Page 40 TEXAS STATUTORY PAYMENT BOND THE STATE OF TEXAS THE COUNTY OF BRAZOS § § § Project N o._17_3_0_04_4_0 __________ _ Bond# 4401140 KNOW ALL MEN BY THESE PRESENTS: THAT WE, T.F. Harper & Associates, LP , as Principal, hereinafter called "Principal" and the other subscriber hereto FCCI Insurance Company , a corporation organized and existing under the laws of the State of Florida , licensed to business in the State of Texas and admitted to write bonds, as Surety, herein after called "Surety", do hereby acknowledge ourselves to be held and firmly bound to the City of College Station, a municipal corporation, in the sum of Three Hundred Thirty-Nine Thousand Eight Hundred Fifty-Three and 30/100 Dollars ($339,853.30) for payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns jointly and severally. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT: WHEREAS, Principal has entered into a certain contract with the City of College Station, dated the __ day of , 200_, for the construction and/ or installation of Improvements and Repairs to Various City Parks which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, the condition of this obligation is such that if Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then, this obligation shall be null and void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code and all liabilities on this b ond shall be determined in accordance with the provisions, conditions and limitations of said Code to the same extent as if it were copied at length herein. IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures. Form Revised on 7-10-12 Contract No. 17300440 Page 41 A TIEST and SEAL: (if a corporation) WITNESS: (if not a corporation) ~~~ By: Title: 11f/Yj'U.. rt""~ A TIEST /WITNESS By: Name: Helen V . Perez Title: Secretary Date: July 13, 2017 REVIEWED: City Attorney's Office (SEAL) (SEAL) T.F. Harper & Associates, LP (Name of Contract~) J I By ~~~ ~on-.fr'( r lf'lf9t' Title: f~I Date: ft(o'f/]-611 FCCI Insurance Company (Full Name of Surety) 6300 University Parkway , Sarasota , FL 34240 (Address of Surety for Notice) Title: Attorney-in-Fact Date: July 13, 2017 .,,_;· ... THE FOREGOING BOND IS ACCEPTED ON BEHALF OF THE crIY OF COLLEGE STATION, TEXAS: City Manager NOTE: Date of bonds must be equal to or after the date of execution b,v Cit;y. Form Revised on 7-10-12 Contract No. 17300440 Page42 t ~:. . t~d~y authbil!Y. .y 1~1 1Ltt9R I~dopt~d ~' e· bfficers of t he C mpany nece;s'sary to effeet ubh ·•• below and the seal of the 11 ani q§ 9inding u , .... f e,pre ty !gwhich Form Revised on 7-10-12 Contract No. 17300440 Page 43 Exhibit D CERTIFICATES OF INSURANCE AND ENDORSEMENTS The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED HIRED NON-OWNEDAUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5/31/2017 Watkins Insurance Group-Austin3834 Spicewood Springs Rd, St 100Austin TX 78759 T F Harper & Associates, LPCindi Chrastecky103 Red Bird LaneAustin TX 78745-3620 Cincinnati Insurance Company Texas Mutual Insurance Company StarStone National 10677 22945 Elizabeth Dixon 512-452-8877 512-452-0999 edixon@watkinsinsurancegroup.com TFHAR-1 902188800 A EPP 0179837 2/9/2017 2/9/2018 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 X X X A X EPP 0179837 2/9/2017 2/9/2018 1,000,000 C X X X 10,000 71292M172ALI 2/9/2017 2/9/2018 2,000,000 2,000,000 B Y TSF0001141452 2/17/2017 2/17/2018 X 1,000,000 1,000,000 1,000,000 A Property EPP 0179837 2/9/2017 2/9/2018 BuildingBusiness Pers. Prop.Deductible 227,032228,0001,000 Re: Contract: 17300440 City of College Station is included as an additional insured on the general liability policy with waiver of subrogation on the general liability andworkers compensation policies where required by written contract. General liability is primary and non-contributory when required by writtencontract. 30 day notice of cancellation endorsement applies when required by written contract. City of College StationPO Box 9960College Station TX 77842 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 1 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage ..................................................................................................2 2.Unintentional Failure to Disclose Hazards..........................................................................................7 3.Damage to Premises Rented to You...................................................................................................8 4.Supplementary Payments ...................................................................................................................9 5.Medical Payments................................................................................................................................9 6.Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.).........................................................................................................9 7.180 Day Coverage for Newly Formed or Acquired Organizations ..................................................10 8.Waiver of Subrogation .......................................................................................................................10 9.Automatic Additional Insured - Specified Relationships: ................................................................10 ä Managers or Lessors of Premises; ä Lessor of Leased Equipment; ä Vendors; ä State or Political Subdivisions - Permits Relating to Premises; ä State or Political Subdivisions - Permits; and ä Contractors' Operations 10.Broadened Contractual Liability - Work Within 50' of Railroad Property .........................................14 11.Property Damage to Borrowed Equipment.......................................................................................14 12.Employees as Insureds - Specified Health Care Services: ............................................................14 ä Nurses; ä Emergency Medical Technicians; and ä Paramedics 13.Broadened Notice of Occurrence......................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $ 4. Supplementary Payments a.Bail bonds: $ 1,000 b.Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 2 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS (a)Area (b)Payroll (c)Gross Sales (d)Units (e)Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) b.Care, Custody or Control $ TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: 1. Employee Benefit Liability Coverage a.The following is added to SECTION I - COVERAGES: Employee Benefit Liability Coverage. (1) Insuring Agreement (a)We will pay those sums that the insured becomes legally obligated to pay as dam- ages caused by any act, er- ror or omission of the in- sured, or of any other per- son for whose acts the in- sured is legally liable, to which this insurance ap- plies. We will have the right and duty to defend the in- sured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any report of an act, error or omission and settle any claim or "suit" that may re- sult. But: 1)The amount we will pay for damages is limited as described in SEC- TION III - LIMITS OF INSURANCE; and 2)Our right and duty to defend ends when we have used up the ap- plicable limit of insur- ance in the payment of judgments or settle- ments. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b)This insurance applies to damages only if the act, er- ror or omission, is negli- gently committed in the "administration" of your "employee benefit pro- gram"; and 1)Occurs during the pol- icy period; or 2)Occurred prior to the effective date of this endorsement provided: a)You did not have knowledge of a claim or "suit" on or before the ef- fective date of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "authorized repre- sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 3 of 15 i)Reports all, or any part, of the act, error or omission to us or any other insurer; ii)Receives a written or ver- bal demand or claim for dam- ages because of the act, er- ror or omis- sion; and b)There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage or Personal and Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudulent, Criminal or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, including the willful or reck- less violation of any statute. (c) Failure to Perform a Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) Insufficiency of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the "employee benefit pro- gram". (e) Inadequacy of Perform- ance of Investment / Ad- vice Given With Respect to Participation Any claim based upon: 1)Failure of any invest- ment to perform; 2)Errors in providing in- formation on past per- formance of investment vehicles; or 3)Advice given to any person with respect to that person's decision to participate or not to participate in any plan included in the "em- ployee benefit pro- gram". (f) Workers' Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, unemployment compensa- tion insurance, social secu- rity or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of liability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. (h) Available Benefits Any claim for benefits to the extent that such benefits are available, with reason- able effort and cooperation of the insured, from the ap- plicable funds accrued or other collectible insurance. (i) Taxes, Fines or Penalties Taxes, fines or penalties, including those imposed under the Internal Revenue Code or any similar state or local law. (j) Employment-Related Practices Any liability arising out of any: (1)Refusal to employ; (2)Termination of em- ployment; (3)Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 4 of 15 ment-related practices, acts or omissions; or (4)Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II - WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1)If you are designated in the Declarations as: (a)An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b)A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c)A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your managers. (d)An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e)A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2)Each of the following is also an insured: (a)Each of your "employees" who is or was authorized to administer your "employee benefit program". (b)Any persons, organizations or "employees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c)Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3)Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a)Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b)Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1)The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a)Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 5 of 15 (b)Claims made or "suits" brought; (c)Persons or organizations making claims or bringing "suits"; (d)Acts, errors or omissions; or (e)Benefits included in your "employee benefit pro- gram". (2)The Aggregate Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages because of acts, er- rors or omissions negligently committed in the "administra- tion" of your "employee benefit program". (3)Subject to the limit described in (2)above, the Each Employee Limit shown in Section B. Limits of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions, negligently committed in the "administration" of your "em- ployee benefit program". However, the amount paid un- der this endorsement shall not exceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "em- ployee benefit program". (4) Deductible Amount (a)Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the deductible amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. (b)The deductible amount stated in the Declarations applies to all damages sustained by any one "em- ployee", including such "employee's" dependents and beneficiaries, because of all acts, errors or omis- sions to which this insur- ance applies. (c)The terms of this insurance, including those with respect to: 1)Our right and duty to defend the insured against any "suits" seeking those dam- ages; and 2)Your duties, and the duties of any other in- volved insured, in the event of an act, error or omission, or claim, apply irrespective of the application of the deductible amount. (d)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as we have paid. d. Additional Conditions As respects Employee Benefit Li- ability Coverage, SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS is amended as follows: (1)Item 2. Duties in the Event of Occurrence,Offense,Claim or Suit is deleted in its entirety and replaced by the following: 2. Duties in the Event of an Act,Error or Omission, or Claim or Suit a.You must see to it that we are noti- fied as soon as practicable of an act, error or omission which may result in a claim. To the extent possible, no- tice should include: (1)What the act, error or omission was and when it occurred; and (2)The names and addresses of anyone who may suffer dam- ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 6 of 15 b.If a claim is made or "suit" is brought against any insured, you must: (1)Immediately record the specifics of the claim or "suit" and the date received; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c.You and any other involved insured must: (1)Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit"; (2)Authorize us to obtain records and other information; (3)Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit"; and (4)Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. d.No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2)Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1)The following definitions are added: 1."Administration" means: a.Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b.Interpreting the "em- ployee benefit pro- grams"; c.Handling records in connection with the "employee benefit pro- grams"; or d.Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 7 of 15 in any benefit included in the "employee bene- fit program". However, "administration" does not include: a.Handling payroll de- ductions; or b.The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment in- surance, social security benefits, workers' com- pensation and disability benefits. 2."Cafeteria plans" means plan authorized by applica- ble law to allow "employ- ees" to elect to pay for cer- tain benefits with pre-tax dollars. 3."Employee benefit pro- grams" means a program providing some or all of the following benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a.Group life insurance; group accident or health insurance; den- tal, vision and hearing plans; and flexible spending accounts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligi- bility requirements; b.Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to all "employees" who are eligible under the plan for such benefits; c.Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d.Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, in- cluding military, mater- nity, family, and civil leave; tuition assis- tance plans; transpor- tation and health club subsidies. (2)The following definitions are deleted in their entirety and re- placed by the following: 21."Suit" means a civil pro- ceeding in which money damages because of an act, error or omission to which this insurance applies are alleged. "Suit" includes: a.An arbitration pro- ceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent; b.Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the in- sured submits with our consent; or c.An appeal of a civil proceeding. 8."Employee" means a per- son actively employed, for- merly employed, on leave of absence or disabled, or retired. "Employee" in- cludes a "leased worker". "Employee" does not in- clude a "temporary worker". 2. Unintentional Failure to Disclose Haz- ards SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 7. Represen- tations is hereby amended by the addi- tion of the following: Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 8 of 15 3. Damage to Premises Rented to You a.The last Subparagraph of Paragraph 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE,2. LI- ABILITY Exclusions is hereby de- leted and replaced by the following: Exclusions c. through q. do not apply to damage by fire, explosion, light- ning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner. b.The insurance provided under SEC- TION I - COVERAGES,COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1)As respects Water Damage Le- gal Liability, as provided in Paragraph 3.b. above: The exclusions under SECTION I - COVERAGES,COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY,2. Exclusions, other than i. War and the Nuclear Energy Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a)"Property damage": 1)Assumed in any con- tract; or 2)Loss caused by or re- sulting from any of the following: a)Wear and tear; b)Rust, corrosion, fungus, decay, deterioration, hid- den or latent de- fect or any quality in property that causes it to dam- age or destroy it- self; c)Smog; d)Mechanical breakdown in- cluding rupture or bursting caused by centrifugal force; e)Settling, cracking, shrinking or ex- pansion; or f)Nesting or infesta- tion, or discharge or release of waste products or secretions, by in- sects, birds, ro- dents or other animals. (b)Loss caused directly or indi- rectly by any of the follow- ing: 1)Earthquake, volcanic eruption, landslide or any other earth move- ment; 2)Water that backs up or overflows from a sewer, drain or sump; 3)Water under the ground surface press- ing on, or flowing or seeping through: a)Foundations, walls, floors or paved surfaces; b)Basements, whether paved or not; or c)Doors, windows or other openings. (c)Loss caused by or resulting from water that leaks or flows from plumbing, heat- ing, air conditioning, or fire protection systems caused by or resulting from freez- ing, unless: 1)You did your best to maintain heat in the building or structure; or 2)You drained the equipment and shut off the water supply if the heat was not main- tained. (d)Loss to or damage to: 1)Plumbing, heating, air conditioning, fire pro- tection systems, or other equipment or ap- pliances; or 2)The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 9 of 15 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2)Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6.Subject to 5.above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3)The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE,SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a.Paragraph 2.is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a.Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b.Paragraph 4.is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b.Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1)Damage is caused by the in- sured; or (2)Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES,COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,2. Exclusions,j. Damage to Property, Subparagraphs (3), (4)and (5)do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a.The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care,Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care,Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1)Insureds; (2)Claims made or "suits" brought; or (3)Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 10 of 15 b. Deductible Clause (1)Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care,Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2)Condition 2. Duties in the Event of Occurrence,Offense,Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED is amended as follows: Subparagraph a.of Paragraph 4.is hereby deleted and replaced by the fol- lowing: a.Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS,9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a.The following is hereby added to SECTION II - WHO IS AN INSURED: (1)Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a)A written contract or agreement; or (b)An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a)The written or oral contract or agreement is: 1)Currently in effect or becomes effective during the policy pe- riod; and 2)Executed prior to an "occurrence" or offense to which this insurance would apply; and (b)They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2)Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a)The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1)above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1)Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 11 of 15 you cease to be a ten- ant in that premises. 2)Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b)Any person or organization from which you lease equipment with whom you have agreed per Paragraph 9.a.(1)above to provide in- surance. Such person(s) or organization(s) are insureds solely with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such per- son(s) or organizations(s). However, this insurance does not apply to any "oc- currence" which takes place after the equipment lease expires. (c)Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 9.a.(1)above to provide in- surance, but only with re- spect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional ex- clusions: 1)The insurance afforded the vendor does not apply to: a)"Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liabil- ity in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the ab- sence of the con- tract or agree- ment; b)Any express war- ranty unauthorized by you; c)Any physical or chemical change in the product made intentionally by the vendor; d)Repackaging, un- less unpacked solely for the pur- pose of inspection, demonstration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original container; e)Any failure to make such in- spections, adjust- ments, tests or servicing as the vendor has agreed to make or normally under- takes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts; f)Demonstration, in- stallation, servic- ing or repair op- erations, except such operations performed at the vendor's premises in connection with the sale of the product; g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2)This insurance does not apply to any in- sured person or or- ganization: a)From whom you have acquired such products, or any ingredient, part or container, entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 12 of 15 companying or containing such products; or b)When liability in- cluded within the "products- completed opera- tions hazard" has been excluded under this Cover- age Part with re- spect to such products. (d)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connec- tion with premises you own, rent or control and to which this insurance applies: 1)The existence, mainte- nance, repair, con- struction, erection, or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decora- tions and similar expo- sures; or 2)The construction, erec- tion, or removal of ele- vators; or 3)The ownership, main- tenance, or use of any elevators covered by this insurance. (e)Any state or political subdi- vision with which you have agreed per Paragraph 9.a.(1)above to provide in- surance, subject to the fol- lowing provisions: 1)This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2)This insurance does not apply to "bodily in- jury", "property dam- age" or "personal and advertising injury" aris- ing out of operations performed for the state or political subdivision. (f)Any person or organization with which you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to li- ability arising out of "your work" performed for that additional insured by you or on your behalf. A person or organization's status as an insured under this provision of this endorsement contin- ues for only the period of time required by the written contract or agreement, but in no event beyond the ex- piration date of this Cover- age Part. If there is no written contract or agree- ment, or if no period of time is required by the written contract or agreement, a person or organization's status as an insured under this endorsement ends when your operations for that insured are completed. (3)Any insurance provided to an additional insured designated under Paragraph 9.a.(2): (a)Subparagraphs (e)and (f) does not apply to "bodily injury" or "property damage" included within the "prod- ucts-completed operations hazard"; (b)Subparagraphs (a), (b), (d), (e) and (f)does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or their agents, "employees" or any other representative of the additional insured; or (c)Subparagraph (f)does not apply to "bodily injury", "property damage" or "per- sonal and advertising injury" arising out of: 1)Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 13 of 15 of the additional in- sured; or 2)The rendering of, or failure to render, any professional architec- tural, engineering or surveying services, in- cluding: a)The preparing, approving or fail- ing to prepare or approve maps, shop drawings, opinions, reports, surveys, field or- ders, change or- ders or drawings and specifications; and b)Supervisory, in- spection, archi- tectural or engi- neering activities. 3)"Your work" for which a consolidated (wrap-up) insurance program has been provided by the primecontractor-project manager or owner of the construction project in which you are in- volved. b.Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2)Sub- paragraph (f)above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is hereby amended as follows: (1)Condition 5. Other Insurance is amended to include: (a)Where required by a written contract or agreement, this insurance is primary and / or noncontributory as re- spects any other insurance policy issued to the addi- tional insured, and such other insurance policy shall be excess and / or noncon- tributing, whichever applies, with this insurance. (b)Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except: 1)As otherwise provided in SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS, 5. Other Insurance,b. Excess Insurance; or 2)For any other valid and collectible insurance available to the addi- tional insured as an additional insured by attachment of an en- dorsement to another insurance policy that is written on an excess basis. In such case, the coverage provided under this endorse- ment shall also be ex- cess. (2)Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11. Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 9.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a.Be provided by the In- surance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (where edition specified); or b.Include coverage for completed operations; or c.Include coverage for "your work"; and where the limits or cov- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 14 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a)and 9.a.(3)(b)of this endorsement shall not apply and Paragraph 9.b.of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1)of Definition 12."Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a.The following is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3)and (4)of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b.With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1)The Limits of insurance shown in the Declarations are replaced by the limits designated in Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11.of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a)Insureds; (b)Claims made or "suits" brought; or (c)Persons or organizations making claims or bring "suits". (2) Deductible Clause (a)Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11.of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b)Condition 2. Duties in the Event of Occurrence,Of- fense,Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c)We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(1)(d)of SECTION II - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a.Nurses; b.Emergency Medical Technicians; or c.Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a.of Condition 2. Duties in the Event of Occurrence,Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission.Page 15 of 15 TIONS) is hereby deleted and replaced by the following: a.You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1)How, when and where the "oc- currence" or offense took place; (2)The names and addresses of any injured persons and wit- nesses; and (3)The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". ,$ 7+,6(1'256(0(17&+$1*(67+(32/,&<3/($6(5($',7&$5()8//< &$1&(//$7,2125 1215(1(:$/%<86 127,),&$7,2172 $'(6,*1$7('(17,7< 7KLVHQGRUVHPHQW PRGLILHVLQVXUDQFHSURYLGHGXQGHUWKH IROORZLQJ %86,1(662:1(56 3$&.$*(32/,&< &/$,060$'((;&(66/,$%,/,7<&29(5$*(3$57 &200(5&,$/$872&29(5$*(3$57 &200(5&,$/*(1(5$//,$%,/,7<&29(5$*(3$57 &200(5&,$/80%5(//$/,$%,/,7<&29(5$*(3$57 '(17,67 63$&.$*(32/,&< (;&(66/,$%,/,7<&29(5$*(3$57 352'8&76&203/(7('23(5$7,216&29(5$*(3$57 352)(66,21$//,$%,/,7<&29(5$*(3$57 352)(66,21$/80%5(//$/,$%,/,7<&29(5$*(3$57 352)(66,21$/80%5(//$/,$%,/,7<&29(5$*(3$57 &/$,060$'( 6&+('8/( 1DPHDQGPDLOLQJDGGUHVVRI SHUVRQ V RURUJDQL]DWLRQ V  1XPEHU RIGD\V QRWLFH RWKHUWKDQQRQSD\PHQW RISUHPLXP  $,I ZH FDQFHO RU QRQUHQHZ WKLV SROLF\IRU DQ\VWDWXWRULO\SHUPLWWHG UHDVRQ RWKHU WKDQ QRQSD\PHQW RI SUHPLXP ZH ZLOO PDLO QRWLFH WR WKH SHUVRQ RU RUJDQL]DWLRQ VKRZQ LQ WKH 6FKHGXOH:H ZLOO PDLO VXFK QRWLFH DWOHDVW WKHQXPEHURIGD\VVKRZQ LQWKH 6FKHGXOHEHIRUHWKHHIIHFWLYH GDWHRIFDQFHOODWLRQRUQRQUHQHZDO %,I ZH FDQFHOWKLVSROLF\IRU QRQSD\PHQWRISUHPLXPZHZLOOPDLOQRWLFHWRWKHSHUVRQRURUJDQL]DWLRQVKRZQ LQWKH 6FKHGXOH:HZLOOPDLOVXFKQRWLFHDWOHDVWGD\VEHIRUHWKH HIIHFWLYHGDWHRI FDQFHOODWLRQ &,I QRWLFH LV PDLOHGSURRI RI PDLOLQJ WR WKH PDLOLQJ DGGUHVV VKRZQ LQ WKH 6FKHGXOH ZLOO EH VXIILFLHQW SURRI RI QRWLFH ',QQRHYHQWZLOOFRYHUDJHH[WHQGEH\RQGWKHDFWXDOH[SLUDWLRQWHUPLQDWLRQRUFDQFHOODWLRQRIWKH SROLF\ 1.FOR WHOM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE EARLIER OF THE FOLLOWING DATES: A. THE EFFECTIVE DATE OF THIS POLICY, OR B. THE EFFECTIVE DATE OF THE ORIGINAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR REPLACEMENT, AND 2. FOR WHOM YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1. ABOVE TO PROVIDE CANCELLATION NOTICE. 6200 S GILMORE RD ON FILE WITH AGENCY FAIRFIELD, OH 45014-5141 30 Form Revised on 7-10-12 Contract No. 17300440 Page 44 Exhibit E TECHNICAL SPECIFICATIONS AND PLANS Playground, Swing and Surfacing Project City of College Station Parks Scope of Work: 1) Raintree Park-2505 Raintree Drive (Quote 0209207-114-TFH) $100,774.50 a. Remove and haul off existing Playground equipment and pea gravel b. Prep area for bonded rubber concrete base c. Provide new playground equipment (1650 sq. ft.) d. Freight on equipment e. Installation of playground equipment f. Concrete Base (4”) g. Bonded Rubber Playground fall Material h. Repaint and refurbish existing swings (1170 sq. ft) 2) Brothers Pond Park-3100 Rio Grande (Quote 120116-111-tfh) $109,914.25 (CO Funded) a. Remove and haul off existing Playground Equipment b. Prep area for bonded rubber concrete base c. Furnish and install new play Equipment d. Freight e. Installation of playground equipment f. Concrete Base (4”) g. Bonded Rubber Playground fall Material h. Clean and repaint existing swings i. Furnish and install new swings, chain and connections j. Prep area for new bonded rubber k. Concrete base (4”) l. Bonded Rubber Playground Fall material 3) Lemontree Park-130 Lemon Tree Lane (Quote 120116-112-tfh) $59,697.50 (CO Funded) a. Remove and haul off existing Playground equipment and pea gravel b. Prep area for bonded rubber c. Provide new playground equipment (1650 sq. ft.) d. Freight on equipment e. Installation of playground equipment f. Concrete Base (4”) g. Bonded Rubber Playground fall Material 4) WoodLand Hills Park – 4418 Woodland Ridge Drive (Quote 0209207-119-tfh) $32,263.90 a. Remove existing pea gravel & haul off b. Prep area for new concrete base c. Furnish and install 4” concrete base of new bonded rubber d. Remove existing swing hardware, clean and paint swing frame e. Furnish and install new chain, seats and shackles f. Install new bonded rubber surfacing 5) Edelweiss Gardens Park – 500 Hartford Dr (Quote 0209207-112-tfh) $37,203.15 (CO Funded) a. Remove existing pea gravel & haul off b. Prep area for new concrete base c. Furnish and install 4” concrete base of new bonded rubber d. Remove existing swing hardware, clean and paint swing frame e. Furnish and install new chain, seats and shackles f. Install new bonded rubber surfacing QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 0209207-114-tfh Attn: DATE:February 9, 2017 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY TOTAL COST 1 Remove and Haul off Existing play unit & pea gravel $6,517.50 1 Prep area for bonded Rubber concrete base $4,125.75 1 Provide new playgound equipment (1650 sq. ft.)$37,741.00 1 Freight on Above Equipment $2,895.00 Installation on Above Equipment $13,964.75 Concrete Base (4")$13,282.50 Bonded Rubber Playground Fall Material $18,975.00 Repaint & refurbish Existing Swings (1170 sq. ft.)$3,965.00 Bond, Additional Insurance & Drawings $1,195.00 Less Buyboard Discount ($1,887.00) TOTAL $100,774.50 Accepted by: Date:P.O. # (if applicable): City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Raintree Park (Brite) DESCRIPTION OF EQUIPMENT QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Thank you for giving us the opportunity to quote this equipment. Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 7 to 10 weeks after receipt of order. Park Improvements R Proposal.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Raintree (Brite) Park A1NTSCollege Station, Texas 77845Raintree (Brite) Park 1.dwgTommy Harper512-440-15812505 Raintree Drive Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & hual offIn existing area prep for new concrete baseRemove existing play equipmentInstall new Gametime play unitFurnish and install 4" concrete base for new bonded rubber surfacingInstall new bonded rubber surfacingPaint & Refurbish existing swing unitBASE DETAIL5/19/17 QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 120116-111-tfh Attn: DATE:December 1, 2015 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY Option TOTAL COST 1 Remove and Haul off Existing play unit $675.00 1 Prep area for new bonded Rubber $1,125.00 1 Provide new playgound equipment $36,915.00 1 Freight on Above Equipment $1,686.00 1 Installation on Above Equipment $15,935.25 1350 Concrete Base (4")$7,762.50 1350 Bonded Rubber Playground Fall Material $18,735.50 1 Clean and repaint exisitng swing unit $1,575.00 1 Furnish and install new swings, chain and connections $825.00 1 Prep area for new bonded Rubber $675.00 1168 Concrete Base (4")$7,716.00 1168 Bonded Rubber Playground Fall Material $15,396.00 Bond, Additional Insurance & Drawings $3,847.00 Less Buyboard Discount ($2,954.00) TOTAL $109,914.25 Accepted by: Date:P.O. # (if applicable): City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Brothers Pond Park DESCRIPTION OF EQUIPMENT QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Thank you for giving us the opportunity to quote this equipment. Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 8 to 10 weeks after receipt of order. Playground Proposal R Brothers.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Brother's Pond Park A1NTSCollege Station, Texas 77845Brothers Park.dwgTommy Harper512-440-15813100 Rio Grande Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & hual offIn existing area prep for new concrete baseRemove existing play equipmentInstall new Gametime play unitFurnish and install 4" concrete base for new bonded rubber surfacing at play areaInstall new bonded rubber surfacing at play areaClean & Repaint existing swing unitFurnish and install new swing partsFurnish and install 4" concrete base for new bonded rubber surfacing at swingsInstall new bonded rubber surfacing at swing areaBASE DETAILS5/19/17 QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 120116-112-tfh Attn: DATE:December 1, 2015 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY Option TOTAL COST 1 Remove and Haul off Existing play unit $675.00 1 Prep area for new bonded Rubber $1,125.00 1 Provide new playgound equipment $22,912.00 1 Freight on Above Equipment $1,685.50 1 Installation on Above Equipment $11,334.00 910 Concrete Base (4")$5,687.50 910 Bonded Rubber Playground Fall Material $14,332.50 Bond, Additional Insurance & Drawings $3,550.00 Less Buyboard Discount ($1,604.00) TOTAL $59,697.50 Accepted by: Date:P.O. # (if applicable): City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Lemontree Park DESCRIPTION OF EQUIPMENT QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Thank you for giving us the opportunity to quote this equipment. Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 7 to 10 weeks after receipt of order. Playground Proposal R Lemontree.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Lemontree Park A1NTSCollege Station, Texas 77845Lemontree Park.dwgTommy Harper512-440-15811300 Lemon Tree Lane Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & hual offIn existing area prep for new concrete baseRemove existing play equipmentInstall new Gametime play unitFurnish and install 4" concrete base for new bonded rubber surfacingInstall new bonded rubber surfacingBASE DETAIL5/19/17 QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 0209207-119-tfh Attn: DATE:February 9, 2017 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY TOTAL COST Swing Area Only 1 Remove Existing Pea Gravel & Haul Off $2,664.00 1184 Prep Area for new concrete base $2,233.50 1184 Furnish and install 4" concrete base of new Bonded Rubber $9,578.00 1 Remove existing swing hardware, clean and paint swing frame $985.00 1 Furnish and install new chain, seats & schackles $1,685.65 1184 Install new Bonded Rubber Surfacing $14,148.75 Bond, Additional Insurance & Drawing $969.00 TOTAL $32,263.90 Accepted by: Date:P.O. # (if applicable): Thank you for giving us the opportunity to quote this equipment. DESCRIPTION OF EQUIPMENT City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 7 to 10 weeks after receipt of order. Woodland Hills Park QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Swing Area Renovation R Proposal.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Woodland Hills Park A1NTSCollege Station, Texas 77845Woodland Hills Park.dwgTommy Harper512-440-15814418 Woodland Ridge Drive Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & haul offPrep area under existing swings for new concrete baseFurnish and install 4" concrete base for new bonded rubber surfacingRemove existing swing partsClean and repaint existing swing unitInstall new swing partsInstall new bonded rubber surfacingBASE DETAIL5/19/17 QUOTE 103 Red Bird Lane Austin, Texas 78745-3122 TO: CONTRACT #512-16 QUOTE #: 0209207-112-tfh Attn: DATE:February 9, 2017 Address:5/26/2017 Install Site: Phone: Fax: Email:rwarnche@cstx.gov QTY TOTAL COST 1 Remove Existing Pea Gravel & Haul Off $3,250.00 1300 Prep Area for new concrete base $2,995.75 1300 Furnish and install 4" concrete base of new Bonded Rubber $11,635.75 1 Remove existing swing hardware, clean and paint swing frame $985.00 1 Furnish and install new chain, seats & schackles $1,685.65 1300 Install new Bonded Rubber Surfacing $15,535.00 Bond, Additional Insurance & Drawing $1,116.00 TOTAL $37,203.15 Accepted by: Date:P.O. # (if applicable): Tommy Harper Payment Terms: 25% due with signed quote; Balance due upon completion of work and receipt of invoice. Estimated Delivery: 7 to 10 weeks after receipt of order. Edelweiss Gardens Park QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION. NOT INCLUDED: Sales Tax, Permits/Bonds/Fees (if required), Site Work in Excess of Normal Installation (example: site prep - excavation/infill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings. Any installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility obstacles, etc.), and level (+/- 1-2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by acceptance of quote/drawings. The installer is not responsible for any damages or re-work resulting from after-hours events or activities during the work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated and/or cured (concrete footings, etc.). Thank you for giving us the opportunity to quote this equipment. DESCRIPTION OF EQUIPMENT City of College Station Parks & Recreation Department Rusty Warncke FOR PURCHASE THRU BUYBOARD. PLEASE FAX YOUR PURCHASE ORDER AND SIGNED QUOTE TO BUYBOARD AND T.F. HARPER & ASSOCIATES LP TO INSURE COMPLIANCE & RECEIPT OF YOUR ORDER. 1000 Krener Tap Road, College Station, Texas 77842 979-764-9791 Swing Area Renovation R Proposal.xls Commercial Play and Recreational Equipment www.tfharper.com - - 800.976-0107 - - local: 512.440.0707 - - fax: 512.440.0736 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Edelweiss Gardens Park A1NTSCollege Station, Texas 77845Edelweiss Gardens Park.dwgTommy Harper512-440-1581500 Hartford Drive Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & hual offIn existing area prep for new concrete baseRemove swing partsClean and paint existing swing unitFurnish and install 4" concrete base for new bonded rubber surfacingInstall new bonded rubber surfacingFurnish and install new swing partsBASE DETAIL5/19/17 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Woodland Hills Park A1NTSCollege Station, Texas 77845Woodland Hills Park.dwgTommy Harper512-440-15814418 Woodland Ridge Drive Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & haul offPrep area under existing swings for new concrete baseFurnish and install 4" concrete base for new bonded rubber surfacingRemove existing swing partsClean and repaint existing swing unitInstall new swing partsInstall new bonded rubber surfacingBASE DETAIL5/19/17 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Raintree (Brite) Park A1NTSCollege Station, Texas 77845Raintree (Brite) Park 1.dwgTommy Harper512-440-15812505 Raintree Drive Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & hual offIn existing area prep for new concrete baseRemove existing play equipmentInstall new Gametime play unitFurnish and install 4" concrete base for new bonded rubber surfacingInstall new bonded rubber surfacingPaint & Refurbish existing swing unitBASE DETAIL5/19/17 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Edelweiss Gardens Park A1NTSCollege Station, Texas 77845Edelweiss Gardens Park.dwgTommy Harper512-440-1581500 Hartford Drive Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & hual offIn existing area prep for new concrete baseRemove swing partsClean and paint existing swing unitFurnish and install 4" concrete base for new bonded rubber surfacingInstall new bonded rubber surfacingFurnish and install new swing partsBASE DETAIL5/19/17 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Lemontree Park A1NTSCollege Station, Texas 77845Lemontree Park.dwgTommy Harper512-440-15811300 Lemon Tree Lane Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & hual offIn existing area prep for new concrete baseRemove existing play equipmentInstall new Gametime play unitFurnish and install 4" concrete base for new bonded rubber surfacingInstall new bonded rubber surfacingBASE DETAIL5/19/17 4" Concrete base for new Rubber SurfacingShredded Bonded Rubber May 09, 2017Brother's Pond Park A1NTSCollege Station, Texas 77845Brothers Park.dwgTommy Harper512-440-15813100 Rio Grande Austin Cad Services, Inc., andthe drafters therein employed,are not responsible for theintegrity of the design(s)contained within these sheets. Asdrafters, the sole purpose is tocad the information provided bythe client. Any questions orconcerns regarding the design(s)depicted here should beaddressed to the Architect,Engineer, or Designer.103 Red Bird LaneAustin, TX 78745800-976-0107SCOPE OF WORK:Remove existing pea gravel & hual offIn existing area prep for new concrete baseRemove existing play equipmentInstall new Gametime play unitFurnish and install 4" concrete base for new bonded rubber surfacing at play areaInstall new bonded rubber surfacing at play areaClean & Repaint existing swing unitFurnish and install new swing partsFurnish and install 4" concrete base for new bonded rubber surfacing at swingsInstall new bonded rubber surfacing at swing areaBASE DETAILS5/19/17 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0306 Name:Purchase of 15 kV Circuit Breakers and 138 kV Circuit Switcher Status:Type:Bid Award Consent Agenda File created:In control:6/19/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on a bid award for 15 kV circuit breakers and a 138 kV Circuit Switcher, which will be used in the upcoming Graham Road Substation Construction Project or be maintained in electrical inventory and expended as needed. To achieve economy of scale pricing on the 15 kV circuit breakers, capital and operational needs for FY18 projects were combined for this bid. The total recommended award is $746,347 and will be awarded by line item to the lowest responsible bidder. Sponsors:Timothy Crabb Indexes: Code sections: Attachments:Tabulation Action ByDate Action ResultVer. Presentation,possible action,and discussion on a bid award for 15 kV circuit breakers and a 138 kV Circuit Switcher,which will be used in the upcoming Graham Road Substation Construction Project or be maintained in electrical inventory and expended as needed.To achieve economy of scale pricing on the 15 kV circuit breakers,capital and operational needs for FY18 projects were combined for this bid.The total recommended award is $746,347 and will be awarded by line item to the lowest responsible bidder. Relationship to Strategic Goals: (Select all that apply) ·Core Services and Infrastructure Recommendation(s): Staff recommends awarding to the lowest responsible bidder providing the best value to the City as follows: Item 1 Outdoor Breaker 15 kV, 1200 amp (quantity: 18)WESCO $425,124.00 Item 2 Outdoor Breaker 15 kV, 3000 amp (quantity: 6)WESCO $193,776.00 Item 3 Circuit Switcher 138 kV, 1200 amp (quantity: 1)Anixter $127,447.00 TOTAL College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0306,Version:1 $746,347.00 Summary: Four (4) sealed competitive bids were received and opened on June 9, 2017. Electric staff evaluated the bids for compliance to the needed specifications. Line items were awarded to the lowest responsible bidders for their respective bid items. Upon Council approval, purchase orders will be issued to the vendors recommended for award. The materials will be placed and maintained in the electrical inventory and expended as needed. Budget & Financial Summary: Funds are budgeted and available in the Electric Fund.Various projects may be expensed as supplies are pulled from inventory and issued. Attachments: Bid Tabulation #17-053 College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #17-053 "Purchase of Electric Substation Breakers and Circuit Switcher" Open Date: Friday, June 9, 2017 @ 2:00 p.m. Item Description Qty UOM Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Outdoor Breaker 15kV R3 1200 Amp 18 each $23,618.00 $425,124.00 $16,796.00 $302,328.00 No Bid $0.00 2 Outdoor Breaker 15kV R3 3000 Amp 6 each $32,296.00 $193,776.00 $31,495.00 $188,970.00 No Bid $0.00 3 Circuit Switcher 1 each No Bid $0.00 $128,690.00 $128,690.00 $127,447.00 $127,447.00 Letter of No Bid Received from TEC Solomon. Catalog MB1440PPMH5KMZ4 Delivery Time (weeks) 20 wk w/ drawings - 15 wk w/o drawings Manufacturer ABB Catalog MB11130CCMH5KMZ4 Delivery Time (weeks) 20 wk w/ drawings - 15 wk w/o drawings Delivery Time (weeks) Siemens SD-V7-MA-15-25-1200 17 weeks Siemens SDV7-SE-15-25-3000 17 weeks S&C Electric Company 157329-T2 Manufacturer S&C Electric Company Catalog 157329-T2 Manufacturer ABB Bid Certification Exceptions Y Y Y - See attached for Item 3 Items 1 & 2 have been deemed non- compliant because they do not meet the standard specifications. Y- See attached for Item 3 Wesco KBS Electrical Dist Anixter Y 15-17 wks S&C Electric Company 157329-T2 15-17 weeks after drawing approval City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0307 Name:Public Utility Easement Encroachment – 616 Peyton Street Status:Type:Resolution Consent Agenda File created:In control:6/20/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding a resolution authorizing a License Agreement with Bracol Developers, LLC for a 62 square foot encroachment into the public utility easement on Lot 23R, Block 4, Prairie View Heights Subdivision, according to the plat recorded in Volume 13331, Page 121 of the Official Records of Brazos County, Texas. Sponsors:Carol Cotter Indexes: Code sections: Attachments:Vicinity Map Location Map License Agreement Resolution exhibit a to ordinance- License Agreement Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a resolution authorizing a License Agreement with Bracol Developers, LLC for a 62 square foot encroachment into the public utility easement on Lot 23R, Block 4, Prairie View Heights Subdivision, according to the plat recorded in Volume 13331, Page 121 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 resolution granting a license to encroach at 616 Peyton Street. Summary: The southwest wall of a new house at 616 Peyton Street extends approximately 1.5 feet into a 10-foot wide Public Utility Easement. The encroachment does not conflict with any of the utilities in the easement and consent has been granted by all franchised utilities for the encroachment. Approval of the Resolution will cure the defect in the title to the property. Budget & Financial Summary: N/A Attachments: College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0307,Version:1 1.Vicinity Map 2.Location Map 3.Resolution 4.Exhibit A (License Agreement) College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ - 1 - A17-000908 LICENSE AGREEMENT THE STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS * That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the undersigned official who is so empowered by resolution of the City Council to so act in consideration of the agreement made herein by Bracol Developers LLC (hereinafter referred to as "LICENSEE"), owner of Lot 23R, Block 4, Prairie View Heights Subdivision, College Station, Texas, according to the plat recorded in Volume 13331, Page 121 of the Official Records of Brazos County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure located on a portion of Lot 23R, Block 4, Prairie View Heights Subdivision, College Station, Texas, to encroach upon the easement, as shown on EXHIBIT A attached hereto and incorporated herein by reference for all purposes, owned and occupied by the City of College Station, Brazos County, Texas, but such improvements shall be at all times under and not in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, including any drainage structures which are servicing the improvements and other property, and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above - described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafter be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities that may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements. LICENSOR retains the right, but not the obligation, to enter upon the land to which this license applies and at LICENSEE's expense to remove any structure or improvements or alterations thereon upon the determination by LICENSOR that such removal is necessary for exercising - 2 - A17-000908 LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or public interest in regard to said easement. This license, until its expiration or revocation, shall run with the title to the above-described real property, and the terms and conditions hereof shall be binding upon subsequent owners or holders thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this License Agreement. This license shall expire automatically upon removal of the improvements located upon the property pursuant to this license, and shall expire as to any portion of said improve ments upon the removal, whether or not all of the proposed improvements are removed. This license is revocable by the LICENSOR upon the occurrence of any of the follow ing conditions or events: A. LICENSEE or its successors or assigns have failed to comply with the terms of the granting of the license; or B. The improvements located thereon or any portion of them interfere with the rights of the LICENSOR or the public in or to LICENSOR's property; or C. The use of the licensed area becomes necessary for a public purpose; or D. Said improvements or a portion of them constitute a danger to the public which is not remediable by maintenance or alteration of the said improvements; or E. Said improvements or a portion of them have expanded beyond the scope of the license; or F. Maintenance or alteration necessary to alleviate danger to the publi c has not been made within a reasonable time after the dangerous condition has arisen. This license shall be effective upon the acceptance of the terms hereof by the LICEN SEE, as indicated by the signature of LICENSEE. The license shall be filed of record in the Official Records of the County Clerk of the Brazos County Courthouse. - 3 - A17-000908 APPROVED this the ________ day of ______________________, 2017. APPROVED: APPROVED: BRACOL DEVELOPERS LLC, CITY OF COLLEGE STATION, LICENSEE LICENSOR BY:______________________________ BY:________________________________ BRACOL DEVELOPERS LLC KARL MOONEY, Mayor ATTEST: ____________________________________ SHERRY MASHBURN, City Secretary STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of ________________, 2017, by KARL MOONEY, as Mayor of the City of College Station, a Texas Municipal Corporation, on behalf of said Corporation. ____________________________________ Notary Public in and for the State of Texas STATE OF TEXAS ) ) CORPORATE ACKNOWLEDGMENT COUNTY OF BRAZOS ) This instrument was acknowledged before me on the _____ day of _______________________, 2017, by MARCOS MACHADO, Managing Member of BRACOL DEVELOPERS, LLC, a Texas limited liability company, on behalf of said of BRACOL DEVELOPERS, LLC, a Texas limited liability company. ____________________________________ Notary Public in and for the State of Texas RETURN ORIGINAL DOCUMENT TO: City of College Station Legal Department P.O. Box 9960 College Station, Texas 77842-9960 - 4 - A17-000908 EXHIBIT A - 5 - A17-000908 EXHIBIT A RESOLUTION NO.___________ A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT, BRACOL DEVELOPERS LLC, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE LOCATED AT LOT 23R, BLOCK 4, PRAIRIE VIEW HEIGHTS SUBDIVISION, MORE COMMONLY KNOWN AS 616 PEYTON STREET, INTO THE EASEMENT. WHEREAS, the City of College Station, has received an application for a license to encroach into a utility easement; WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling and governing encroachments; WHEREAS, in order for a license to be granted by the City Council of the City of College Station, the Council must make certain findings of facts; WHEREAS, after hearing the application of Bracol Developers LLC to encroach into the easement, the City Council of the City of College Station, finds the following facts: 1. That through no fault of the present property owner, a portion of the structure was constructed in the utility easement. 2. That there are no utilities which would be interfered with by the utilization of the property in its present status. 3. That the structure intrudes into the easement to such a degree that it is not economically feasible to remove the part of the structure within the easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to the use to that of the neighborhood; WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that the structure was constructed within the easement through no fault of the present property owner and that it is not economically feasible to remove the part of the structure within the easement area does constitute special circumstances and conditions affecting the property which if not take into consideration would deprive the applicant of the reasonable use of his property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the structure within the easement does provide a basis for granting the license necessary for the preservation and enjoyment of the substantial property right of the applicant. 3. The fact that the use of the easement area by the property owner does not interfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and RESOLUTION NO.______ Page 2 of 8 WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to him; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. That the Mayor is hereby authorized to execute on behalf of the City of College Station a License Agreement with Bracol Developers LLC pertaining to the encroachment of a portion of a structure located at Lot 23R, Block 4, Prairie View Heights Subdivision, more commonly known as 616 Peyton Street into the easement area. The terms of said License Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. II. That this resolution shall be effective immediately upon adoption. PASSED and APPROVED this ______ day of ____________________________, 2017. ATTEST: APPROVED: ____________________________ ___________________________________ City Secretary Mayor APPROVED: ____________________________ City Attorney RESOLUTION NO.______ Page 3 of 8 Exhibit A RESOLUTION NO. EXHIBIT A Page 4 of 8 RESOLUTION NO. EXHIBIT A Page 5 of 8 RESOLUTION NO. EXHIBIT A Page 6 of 8 RESOLUTION NO. EXHIBIT A Page 7 of 8 RESOLUTION NO. EXHIBIT A Page 8 of 8 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0308 Name:Wirestar Fiber Lease Amendment Status:Type:Agreement Consent Agenda File created:In control:6/20/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on an Amendment to the lease agreement with Wirestar Inc. for lease of City Fiber Optic Cable Facilities. Sponsors:Ben Roper Indexes: Code sections: Attachments:Wirestar Amendment signed.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on an Amendment to the lease agreement with Wirestar Inc. for lease of City Fiber Optic Cable Facilities. Relationship to Strategic Goals: (Select all that apply) ·Diverse Growing Economy Recommendation(s): Staff recommends approval. Summary: The work of the Research Valley Technology Council (RVTC) to encourage the development of next generation bandwidth services in the B/CS metropolitan area included exploring the option for commercial entities to lease spare city fiber or conduit. Continued work in this area indicates that there is commercial demand for city spare (or dark) fiber or city conduit to encourage the development of expanded broadband services. On March 26, 2015 Council approved an Ordinance permitting the lease of City Fiber Optic Cable Facilities. This item is the first lease authorized by the new Ordinance. At the October 8, 2015 Council Meeting, Council approved a Fiber Optic Cable Facilities Lease with Wirestar Inc. This Amendment to the original lease Agreement adds additional fiber strand miles to the Wirestar Lease Agreement. Budget & Financial Summary: This lease will have a financial impact on the city. Modest revenue will be obtained from fiber lease. Attachments: Wirestar Lease Amendment College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0308,Version:1 College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ FIRST AMENDMENT OF THE DARK FIBER LEASE AGREEMENT BETWEEN COLLEGE STATION, TEXAS AND WIRESTAR, INC. This First Amendment ("Amendment") is made by and between WireStar, Inc., a Texas corporation ("USER") and the City of College Station, a Texas Home Rule Municipal Corporation ("PROVIDER"). RECITALS WHEREAS, PROVIDER and USER entered into a Dark Fiber Lease Agreement ("Original Agreement") with Contract No. 16300022 on October 12, 2015; and WHEREAS, the Original Agreement 16300022 provided for USER lease of 43.16 Fiber Strand Miles in the amount of $21,580; and WHEREAS, USER has notified the PROVIDER of the desire to lease an additional 30.62 Fiber Strand Miles of Fiber; and WHEREAS, the PROVIDER has agreed to lease the additional 30.62 Fiber Strand Miles; and WHEREAS, the lease cost of the additional Fiber Strand Miles will be prorated for the time remaining in the original lease, ending on October 11, 2025; and NOW THEREFORE, in consideration of the foregoing and the mutual covenants and promises set forth herein, USER and PROVIDER agree to amend the Original Agreement as follows: 1. Replacing Exhibit A, "Map of Routes Covered by this Lease" with new Exhibit A attached to this Amendment. 2. Replacing Exhibit A-1, "Route Segment Listing and Payment Amounts", with new Exhibit A-1 attached to this Amendment. 3. All other terms, conditions and pricing remain in full force and effect. (signature page to immediately follow) WireStar Contract -First Amendment Contract No. 16300022 Page 1 of6 IN WITNESS WHEREOF the Parties have caused this Amendment to be executed by their duly authorized representatives. WIRESTAR, INC. By:~~ Printed Name: Kyle Leissner Title: President Date: 6/20/2017 WireStar Contract -First Amendment Contract No. 16300022 CITY OF COLLEGE ST A TI ON By: _________ _ City Manager Date: ___________ _ APPROVED: City Attorney Date: ______ _ Assistant City Manager I CFO Date: ------- Page 2 of6 EXHIBIT A MAP OF ROUTES COVERED BY THIS LEASE The routes covered by this Lease Agreement, as Amended, are highlighted in green on the below map . . ·: ... ) ... (\' WireStar Contract -First Amendment Contract No. J 6300022 S..:-1..f'~; E;ri. -HEP.E, CeLCfrri-e. :,.,sG$ l,...ter,....,e;: 1~,CREUEt·1T ~·.Star. f·AETI. E;r1 Cl">1r>a · riorg i<c,,g,:.iE;n Korea. E.sr1 :Ttiails ~.GCC. ® C;:e!"StreetUcii;: CCl"'ht ... tC"~:. arxi t"e G1S Css G Page 3 of6 EXHIBIT A-1 ROUTE SEGMENT LISTING AND PAYMENT AMOUNTS Initial Route Segments Established in Original Agreement (16300022) • Two (2) fiber strands on the main city fiber ring as shown in Exhibit A. • Two (2) fiber strands on the Route Segment running from the splice point in the vicinity of Southwest Parkway and Wellborn Rd to the Dowling Road Pump Station on Dowling Road. • Two (2) fiber strands on the Route Segment running from Dowling Road Pump Station on Dowling Road to the splice point in the vicinity of FM 2818 and Luther Street W. Additional Route Segments Added by First Amendment (as shown on Exhibit A) • Four (4) fiber strands from City Tower (TOWR) to the end of that leg that terminates near the intersection of Harvey Rd & Copperfield Parkway. • Four (4) fiber strands from Utility Service (USCE) to the new splice point near the intersection of Rock Prairie Rd West & Oak Creek. • Two (2) fiber strands from the Southwest Parkway & Wellborn (SWWB) through the Dowling Pump Station (DOWP) to Harvey Mitchell & Luther (HMLU) splice point. Total Route Segments Established by both the Initial Agreement and First Amendment (as shown on Exhibit A) • Two (2) fiber strands on the main city fiber ring. • Four (4) fiber strands on the Route Segment running from the splice point in the vicinity of Southwest Parkway and Wellborn Rd to the Dowling Road Pump Station on Dowling Road. • Four (4) fiber strands on the Route Segment running from Dowling Road Pump Station on Dowling Road to the splice point in the vicinity of FM 2818 and Luther Street W. • Four (4) fiber strands from City Tower (TOWR) to the end of that leg that terminates near the intersection of Harvey Rd & Copperfield Parkway. • Four (4) fiber strands from Utility Service (USCE) to the new splice point near the intersection of Rock Prairie Rd West & Oak Creek. Calculation of Initial License Payment Amount Wirestar Contract -First Amendment Contract No. 16300022 Page 4 of6 The USER License Payment for the USER Fibers is an imputed rate of $500.00 per Fiber Strand Mile. Fiber Ring Distance SWP-Dowling Rd segment Dowling Rd -Luther segment Total miles 18.8 miles 1.1 miles 1.68 miles 21.58 miles Two (2) fiber strands for each segment 2 fiber strands x 21.58 miles= 43.16 Fiber Strand Miles 43.16 Fiber Strand Miles x $500.00/Fiber Strand Miles = $21,580.00 User License Payment Amount Calculation of First Amendment License Payment Amount The USER License Payment for the USER Fibers is an imputed rate of $500.00 per Fiber Strand Mile. This amount is prorated for the remainder of the lease at $412.50 per Fiber Strand Mile (99 of 120 months remaining). City TOWR to Harvey/Copperfield USCE to Rock Prairie Rd West Southwest Parkway/Wellborn to Luther Total miles 3.34 miles 3.78 miles 1.07 miles 8.19 miles Four (4) fiber strands City TOWR to Harvey/Copperfield-13.36 fiber strand miles Four ( 4) fiber strands USCE to Rock Prairie Rd. West -15 .12 fiber strand miles Two (2) fiber strands for Southwest Parkway to Luther -2.14 fiber strand miles 30.62 Fiber Strand Miles x $412.50/Fiber Strand Mile = $12,630.75 User License Payment Amount for fiber added by First Amendment. Calculation of Maintenance Amount Following the Effective Date for each USER Fiber on a Route Segment, USER will pay an annual maintenance fee per Fiber Mile per year. The annual maintenance will be calculated annually and is based on the personnel cost (payroll and benefits) times the estimated percent of city staff time spent conducting fiber operations and maintenance activities. This amount provides the total staff cost devoted to fiber operations and maintenance activities. This amount is then divided by the total number of fiber strand miles to determine the annual maintenance cost per fiber strand mile. City staff cost devoted to fiber activities (2016-2017) Total city fiber optic strand miles $77,306 2,192 Maintenance cost per fiber optic strand mile: $77,306/2, 192 = $35.27 per fiber strand mile Wirestar Contract -First Amendment Contract No. 16300022 Page 5 of6 Annual maintenance cost (2016-2017): $35.27/fiber strand mile x 43.16 fiber strand miles leased = $1,356.52 Prorated Maintenance cost for fiber added by First Amendment (2016-2017): $30.62 fiber strand miles x $35.27 per fiber strand mile x 3/12 (prorated maintenance)= $269.99 The updated Maintenance Amount calculations will be performed for 2017-2018 using the combined total amount of all PROVIDER fiber leased by USER in the Original Agreement and First Amendment, as modified. Due Date for License Payment The License Payment shall be paid by USER to PROVIDER as follows: (a) 100% of the License Payment and the first year Maintenance Amount is due and payable upon execution of the Agreement by the parties. Wirestar Contract -First Amendment Contract No. 16300022 Page 6 of6 City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0313 Name:Temporary Personnel Services Contract Renewals Status:Type:Contract Consent Agenda File created:In control:6/22/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding renewing contracts for Temporary Personnel Services with Spherion Staffing LLC and Kelly Services. The estimated annual expenditure for temporary personnel services is $340,000. Sponsors:Alison Pond Indexes: Code sections: Attachments:Spherion Renewal 1 Kelly Services Renewal 1 Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding renewing contracts for Temporary Personnel Services with Spherion Staffing LLC and Kelly Services.The estimated annual expenditure for temporary personnel services is $340,000. Relationship to Strategic Goals: Financially Sustainable City Recommendation(s):Staff recommends approval to renew the contracts with the employment agencies for a total not-to-exceed amount of $340,000.The City‘s primary contract is with Spherion Staffing LLC and the estimated annual expenditure for their services is $300,000.The secondary contract is with Kelly Services and the estimated annual expenditure for their services is $40,000. Background &Summary:From time to time,for continued City Operations,it is necessary to retain temporary staffing services.These services allow City departments to fill short term vacancies with temporary workers.In some cases,when in the best interest of the City,the City may choose to convert/hire these workers as full time City employees.The temp-to-perm option is beneficial in some cases as it gives both the employer and prospective hire time to see if the permanent relationship would be mutually beneficial. In accordance with Chapter 791 of the Texas Government Code,the City has established an interlocal agreement with Texas A&M that allows the City to piggyback their agreements.The City will be procuring temporary personnel services through existing Texas A&M Master Agreements with each staffing agency.Procuring these services in this manner satisfies state law bidding requirements. Budget & Financial Summary:Funding is available in various department and project budgets. College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0313,Version:1 College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ RENEWAL 1 ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract 16300536 for Temporary Personnel Services, in accordance with all terms and conditions previously agreed to and accepted for an amount not to exceed Three Hundred Thousand and Noll 00 Dollars ($300,000.00). I understand this renewal term will be for the period beginning July 18, 2017 through July 17 , 2018. This is the first of three (3) possible renewal options available .. Spherion Staffing LLC By:~· Printed N ame: __ ~K~e~n~t~P~e_t~e~rs ___ _ Title: _____ _.Vc.uic...,e..._._P ..... re ... s-i ..... d .... e ..... n .... t_,_,of Date: Contra ct Management k/rs/r; City of College Station By: ______________ ~ City Manager Date: ------- APPROVED: City Attorney Date: ------ Asst. City Manager/ CFO Date: ------ RENEW AL 1 ACCEPTANCE By signing herewith, I acknowledge and agree to renew Contract 16300537 for Temporary Personnel Services, in accordance with all terms and conditions previously agreed to and accepted for an amount not to exceed Forty Thousand and No/100 Dollars ($40 ,000.00). I understand this renewal term will be for the period beginning July 18 , 2017 through July 17 , 2018. This is the first of three (3) possible renewal options available . Kelly Services By: ~fftJtr_ > Printed Name: Jo V R tJr Title: J>1..srre1e r fY/rtlvflu €/C. Date: (12 J </] ) I 7 r I City of College Station By: _____________ _ City Manager Date: ______ _ APPROVED: City Attorney Date: ------ Asst. City Manager/ CFO Date: ------ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0314 Name:Elder Aid CHDO - Normand Status:Type:Contract Consent Agenda File created:In control:6/22/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on approving a contract for the grant of federal HOME Investment Partnership Grant Program Community Housing Development Organization Set-Aside funds with Elder-Aid, Inc. in the amount of $220,000 for acquisition and rehabilitation of two (2) existing dwelling units located at 3400-3402 Normand to be used as affordable rental housing for income-eligible elderly households. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Attachment 1 - Contract Attachment 2 - Location Map Action ByDate Action ResultVer. Presentation,possible action,and discussion on approving a contract for the grant of federal HOME Investment Partnership Grant Program Community Housing Development Organization Set-Aside funds with Elder-Aid,Inc.in the amount of $220,000 for acquisition and rehabilitation of two (2) existing dwelling units located at 3400-3402 Normand to be used as affordable rental housing for income-eligible elderly households. Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s):Staff recommends approval of this Contract Summary:The federal HOME Investment Partnership Grant program (HOME) provides assistance to income qualified persons by funding a variety of affordable housing activities. The City is required by the U. S. Department of Housing and Urban Development (HUD) to make at least 15% of each years HOME grant allocation available for non-profit agencies that meet the definition of a Community Housing Development Organization (CHDO). CHDO’s must have, as one of their goals, the provision of affordable housing. They must also have a board make-up that comply with the HOME Program requirements. The 15% set-aside funds may be used for most HOME eligible activities. The HOME grant provides the flexibility to exceed the 15% requirement if eligible, feasible projects are proposed that address the community needs. Affordable rental housing has been identified as a College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0314,Version:1 priority need in the 2015 - 2019 Consolidated Plan. Elder-Aid, Inc. has been certified by the City as an eligible CHDO since May 2015 to allow the organization to expand their mission of serving the elderly into College Station. They have purchased, rehabilitated, and leased 8 duplex units in the City of College Station. They have demonstrated capacity as a CHDO for the City of Bryan since 1998, where they have received HOME funds to construct eighteen (18) single-family homes restricted for rental to elderly households. Elder-Aid submitted a proposal in response to RFP 17-035 - 2017 Community Housing Development Organization Funding to acquire and rehabilitate two (2) existing dwelling units for use as affordable rental units for income-eligible, elderly households. The dwelling units consist of one (1) duplex located at 3400-3402 Normand Drive. Budget & Financial Summary:These funds are available in the Fiscal Year 2017 Community Development Budget and include Program Year 2015 and Program Year 2016 HOME funds. Attachments: Attachment 1: Contract and Grant for HOME Programs Attachment 2: Location Map College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=5294446&GUID=6B784C37-56F1-4F47-99FE-2DE492A4598A[7/7/2017 2:29:29 PM] City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0315 Name:Habitat For Humanity 2017 - Renee Lane Status:Type:Contract Consent Agenda File created:In control:6/22/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on approving a contract providing Community Development Partnership Grant (CDBG) funds to Bryan-College Station Habitat for Humanity, Inc. in the amount of $794,000 for the acquisition, development, and infrastructure costs related to the construction of at least eight affordable single-family homes at 14015 Renee Lane. Sponsors:Debbie Eller Indexes: Code sections: Attachments:B-CS Habitat for Humanity CDBG Funding Contract - Executed Attachment 2 - Location Map Action ByDate Action ResultVer. Presentation,possible action,and discussion on approving a contract providing Community Development Partnership Grant (CDBG)funds to Bryan-College Station Habitat for Humanity,Inc.in the amount of $794,000 for the acquisition,development,and infrastructure costs related to the construction of at least eight affordable single-family homes at 14015 Renee Lane. Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s): Staff recommends approval of this Contract Summary:The City of College Station annually receives the Community Development Block Grant (CDBG)from the U.S.Department of Housing and Urban Development.CDBG is utilized to address the growing need for more affordable,decent housing units,creating a suitable living environment, and expanding economic opportunities,principally for low-and moderate-income residents.RFP 17- 058 was released seeking proposals to develop affordable housing.Three responses were received, including a proposal from Bryan-College Station Habitat for Humanity.The City of College Station has a long history of partnering with Bryan-College Station Habitat for Humanity to build quality, affordable homes for income-eligible families. This contract will provide CDBG funds to Bryan-College Station Habitat for Humanity in the amount of $794,000.00.$475,000 for acquisition through a deferred,forgivable loan to require a 15-year affordability period and $319,000 as a grant for development and infrastructure costs.With these funds,Bryan-College Station Habitat for Humanity will acquire a plot of land at 14015 Renee Lane with the intent of platting a cluster housing development that will allow for the construction of at least College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0315,Version:1 with the intent of platting a cluster housing development that will allow for the construction of at least 8 single-family homes.14015 Renee Lane is currently zoned as General Suburban.This zoning would support this type of development. CDBG funds will be used for acquisition costs,development fees,and infrastructure expenses.The contract requires the exterior of the homes to be a minimum of 25%masonry and also requires each home to have a garage,which is similar to other houses in the area.Upon completion,these homes will be made available for sale to income-eligible households.The funding agreement,loan documents and future deed restrictions will ensure affordability for a minimum of 15 years.Within that time, any home sold must be sold to another income-eligible household. Budget & Financial Summary: This contract commits $794,000.00 of unobligated CDBG funds from Program Years 2008,2009,and 2014.These funds will be provided to Bryan-College Station Habitat for Humanity on a reimbursement basis and are budgeted and available through the Community Development Fiscal Year 2017 (Program Year 2016)federal Community Development Block Grant Program budget.This contract will assist in fully expending funds held in a Local Account received from the sale of the Holleman Tract. Attachments:Contract - On file in the City Secretary’s Office Attachment 1: Contract and Grant for CDBG Programs Attachment 2: Location Map College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=5294447&GUID=D8AB93BC-FF17-4123-B765-A3A8F01EBDE3[7/7/2017 2:29:41 PM] City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0316 Name:Twin City Mission Rental - Blanco Status:Type:Contract Consent Agenda File created:In control:6/22/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on approving a contract granting Community Development Partnership Grant (CDBG) funds to Twin City Mission in the amount of $471,500 for the acquisition and rehabilitation costs related to the creation of four affordable rental units located at 2404 Blanco Drive. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Twin City Mission CDBG Funding Agreement - Executed Attachment 2 - Location Map Action ByDate Action ResultVer. Presentation,possible action,and discussion on approving a contract granting Community Development Partnership Grant (CDBG)funds to Twin City Mission in the amount of $471,500 for the acquisition and rehabilitation costs related to the creation of four affordable rental units located at 2404 Blanco Drive. Relationship to Strategic Goals: (Select all that apply) ·Financially Sustainable City ·Core Services and Infrastructure ·Neighborhood Integrity Recommendation(s): Staff recommends approval of this Contract Summary: The City of College Station annually receives the Community Development Block Grant (CDBG)from the U.S.Department of Housing and Urban Development.CDBG is utilized to address the growing need for more affordable,decent housing units,creating a suitable living environment,and expanding economic opportunities,principally for low-and moderate-income residents.RFP 17-058 was released seeking proposals to develop affordable housing. Three responses were received,including a proposal from Twin City Mission.Twin City Mission currently has a rental program that includes ownership and management of The Haven Apartments that provides transitional housing opportunities.Their proposal includes the expansion their current College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0316,Version:1 that provides transitional housing opportunities.Their proposal includes the expansion their current rental program to include a four-plex located at 2404 Blanco Drive. This contract will grant funds to Twin City Mission in the amount of $471,500.00.With these funds, Twin City Mission will acquire a four-plex located at 2404 Blanco Drive with the intent of rehabilitating the units and making them available for lease to income-eligible households.CDBG funds will be used for acquisition and rehabilitation costs. Budget & Financial Summary: This contract commits $471,500.00 of unobligated CDBG funds from Program Years 2014 and 2015. These funds will be provided to Twin City Mission on a reimbursement basis and are budgeted and available through the Community Development Fiscal Year 2017 (Program Year 2016)federal Community Development Block Grant Program budget.This contract will assist in fully expending funds held in a Local Account from the sale of the Holleman Tract. Attachments:Contract - On file in the City Secretary’s Office Attachment 1: Contract and Grant for CDBG Programs Attachment 2: Location Map College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ View.ashx %d×%d pixels https://collegestation.legistar.com/View.ashx?M=F&ID=5294448&GUID=80B978E8-B800-4F5D-AA2F-DAC68A2F7464[7/7/2017 2:29:51 PM] City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0317 Name:FM 2154 / Holleman Intersection Safety Improvements Status:Type:Contract Consent Agenda File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on professional services contract no. 17300450 with Binkley & Barfield in the amount of $110,598 for the professional engineering services related to the preliminary design of the FM 2154/Holleman Intersection Safety Improvements Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Map Action ByDate Action ResultVer. Presentation, possible action, and discussion on professional services contract no. 17300450 with Binkley & Barfield in the amount of $110,598 for the professional engineering services related to the preliminary design of the FM 2154/Holleman Intersection Safety Improvements Project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the professional services contract. Summary: The project includes safety improvements to the FM 2154 & Holleman intersection. FM 2154 will be elevated to reduce the grade difference with the railroad crossing. Holleman will be widened to accommodate dedicated right and left turn lanes in both directions. New railroad and traffic signals will also be placed with the project. The City will manage the design effort and TXDOT will manage bidding and construction. Budget & Financial Summary: This project was not included in the FY17 Approved Capital Improvement Projects Program as it was not identified when the budget was under development. Since that time, an opportunity to coordinate with TxDOT for the funding of the project has been identified. The City’s participation will be this Preliminary Engineering Report (PER), the full design of the project, and any item in construction that the City requires above and beyond the TXDOT standard. The budget for the PER will be transferred from several other completed street projects that came in under budget. It is anticipated that Certificates of Obligation will be issued in FY18 for the project design. Attachments: 1.Contract No. 17300450 (on file with the City Secretary’s Office) 2.Project Location Map College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0317,Version:1 College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ HOLLEMANDRHOLLEMANDRWWE L L B O R N R D O N E Y H E R V E Y D RLONNIE LNSIE NNADR ARIZO N A ST SOUTHLAND STMARI ON PUGH DR PROJECT MAP . Project Location City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0318 Name:FM 2818 Capacity Improvements Change Order 1 Status:Type:Contract Consent Agenda File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding Change Order No. 1 to contract 16300415 with Binkley and Barfield, Inc. for the FM 2818 Capacity Improvement Project decreasing the design contract by $70,631.41 for a new contract total of $500,471.09. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Change Order 1 - Signed Project Location Map Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding Change Order No. 1 to contract 16300415 with Binkley and Barfield, Inc. for the FM 2818 Capacity Improvement Project decreasing the design contract by $70,631.41 for a new contract total of $500,471.09. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the change order. Summary: The original scope included three design alternatives which resulted in unfavorable traffic conditions. Our consultant conducted addition preliminary analysis of innovative alternatives, which resulted in better traffic conditions. A new contract is being proposed to pursue this alternative street design. The remainder of the encumbered funds associated with developing a conceptual design is being credited back to the City. TxDOT has agreed to handle the public involvement and environmental documentation for the remainder of the project. The remainder of the encumbered funds associated with these two tasks are being credited back to the City. Budget & Financial Summary: A total of $904,152 is budgeted for this project. After deductive change order #1 of $70,631.41 is applied, the total expenditures and encumbrances of this project will be $516,640, leaving a balance of $387,512. Attachments: 1. Change Order 1 to Contract 16300415, Binkley & Barfield, Inc. 2. Project Location Map College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0318,Version:1 College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ LUTHERSTREETWH ITE C RE EK TRIB UTA RY1 4 B EEC REEKTRI B U TAR Y B.3.1.1 BEEC R EEKT R IBUT ARYBU N N A M EDTR I BUTARYTO W HIT E C REEK TRIBU TARY 1BEE C R E E KTRI B U T A R YBUN N A MED T RIBUTARYTOBEECREEKTRIBUTARYBWHITECREEKTRIBUTARY15.1UNN AMEDTR I BUTARYTOWHITECREEK W HITE CR EEKTRIBUTARY1 5WHITE C REEK N U CLE A R S CIE N CE R O ADJOHN K IMBROUGHB O U L EVARDJ OH N K I MB ROUGHB O U L E V ARDBAR B A R ABUSHDRIVE W I L LIAMSSTTURNAROUNDTURNAROUNDBUSHLIBRA RYDWCORMIERSTS Y S T E MLOOP PRIVATETAMU DRIVEPENA STR EEDD R LAUDERBACK ST DOHRNST PENBE R THYBOUL E V A RD METHNER ST EASTERWOODSERVICERD C O R P S O BSTACLE C O U RSE D W INTRAM URALFIELDDW CANYON CREEKC I R CLETH EWO O D L AN DST H E W O O D L A N DSSADDLELANEDOWLINGROADJUNCTIONBOYSROADWOODSMANDRIVEG E O R G E B U S H D R I V E W E S T THOMPSONSTREETWOODWAYDRIVE D E T R OIT S T R E E TPARKPLACE ALABAMASTREETELE ANORSTREET MARYEM STREET HOLLEMANDRI VESOUTHC A R O LIN A S T R E E T CORREGIDORDRIVE Q U AIL R U NSIENN ADRIVE A RIZ O N A ST R E ET G E O R GIA S T R E E TEDWARDSTREET LEGA C Y LANE GRIDIRON DRIVE P H O E NIX S T R E E T SOUTHLANDSTREETO N E Y H E R V E Y D RIV E SOUTHWESTPARKWAYHOLLEMANDRIVEPENBERTHY DRIVE JONES-BUTLER ROAD FAIRVIEW AVENUE HOLLEMANDRIVEW ESTH O L L E M AN D R I V E S O U T H J ONES-BUT L ERROADJ UNCTI ONBOYSRO A DMARION PUGH DRI VELUTHER STREET WESTWE L L B O R N R O A D FRO N TA G E R O A D WE L L B O R N R O A D GEORGEBUSHDRIVEWESTHARVEY MITCHELLPARKWAYSOUTHHARVEYMITCHELLPARKWAYSOUTH A A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 HARVEYMITCHELLPARKWAY SO U T H W ELLB O R N R O A DHOLLEMAN DRIVELegend Project Location Streets Functional Classification FREEWAY MAJOR ARTERIAL MAJOR COLLECTOR MINOR ARTERIAL MINOR COLLECTOR LOCAL STREET PRIVATE STREET ALLEY TAMU ACCESS ROADS Property Parcels Rivers Project Location MapFM2818 Capacity Improvements± ± Created: 6/22/2017 0 2,000 4,000 6,000 8,000 10,0005001,000 1,500Feet Feet Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0319 Name:FM 2818 Schematic Design Contract Status:Type:Contract Consent Agenda File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on professional services contract 17300476 with Binkley and Barfield, Inc., in the amount of $397,190.36, for engineering and surveying services associated with the FM 2818 Capacity Improvements Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Project Location Map Action ByDate Action ResultVer. Presentation, possible action, and discussion on professional services contract 17300476 with Binkley and Barfield, Inc., in the amount of $397,190.36, for engineering and surveying services associated with the FM 2818 Capacity Improvements Project. Relationship to Strategic Goals: ·Core Services and Infrastructure ·Improving Mobility Recommendation(s): Staff recommends approval of the professional services contract. Summary: The previous schematic design contract included the analysis of 3 design alternatives for FM 2818 from FM 2154 to George Bush Drive and the development of a geometric design schematic for the selected alternative including shared used paths along both sides of FM 2818. Based on the results of the traffic analysis and meetings with City of College Station (City) and Texas Department of Transportation (TxDOT) staff, it was determined the 3 design alternatives analyzed as part of the original scope would not adequately address the growth issues along the project corridor, thus a revised scope was requested. It was also determined the limits of the schematic design should be revised to include the area north of the original project limits, to include FM 2818 from George Bush Drive to F&B Road. The revised scope includes the analysis of a divided roadway section, with wide median (Option H), from the DDI ramps just south of FM 60 to just south of Holleman Drive, and the development of a geometric schematic, from FM 2154 to F&B Road, based on the preliminary design provided by the TxDOT Bryan District, including shared used paths along both sides of FM 2818. Budget & Financial Summary: Budget in the amount of $655,000 was included in the FY17 Streets Capital Improvement Projects Fund for this project. Additional budget in the amount of $269,152 has been transferred from completed projects to this project to address a budget shortfall. A total of $516,640 has been expended or committed to date, leaving a balance of $407,512 for this contract. Attachments: College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0319,Version:1 1. Contract 17300476 on file in the City Secretary's Office 2. Project Location Map College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ LUTHERSTREETWH ITE C RE EK TRIB UTA RY1 4 B EEC REEKTRI B U TAR Y B.3.1.1 BEEC R EEKT R IBUT ARYBU N N A M EDTR I BUTARYTO W HIT E C REEK TRIBU TARY 1BEE C R E E KTRI B U T A R YBUN N A MED T RIBUTARYTOBEECREEKTRIBUTARYBWHITECREEKTRIBUTARY15.1UNN AMEDTR I BUTARYTOWHITECREEK W HITE CR EEKTRIBUTARY1 5WHITE C REEK N U CLE A R S CIE N CE R O ADJOHN K IMBROUGHB O U L EVARDJ OH N K I MB ROUGHB O U L E V ARDBAR B A R ABUSHDRIVE W I L LIAMSSTTURNAROUNDTURNAROUNDBUSHLIBRA RYDWCORMIERSTS Y S T E MLOOP PRIVATETAMU DRIVEPENA STR EEDD R LAUDERBACK ST DOHRNST PENBE R THYBOUL E V A RD METHNER ST EASTERWOODSERVICERD C O R P S O BSTACLE C O U RSE D W INTRAM URALFIELDDW CANYON CREEKC I R CLETH EWO O D L AN DST H E W O O D L A N DSSADDLELANEDOWLINGROADJUNCTIONBOYSROADWOODSMANDRIVEG E O R G E B U S H D R I V E W E S T THOMPSONSTREETWOODWAYDRIVE D E T R OIT S T R E E TPARKPLACE ALABAMASTREETELE ANORSTREET MARYEM STREET HOLLEMANDRI VESOUTHC A R O LIN A S T R E E T CORREGIDORDRIVE Q U AIL R U NSIENN ADRIVE A RIZ O N A ST R E ET G E O R GIA S T R E E TEDWARDSTREET LEGA C Y LANE GRIDIRON DRIVE P H O E NIX S T R E E T SOUTHLANDSTREETO N E Y H E R V E Y D RIV E SOUTHWESTPARKWAYHOLLEMANDRIVEPENBERTHY DRIVE JONES-BUTLER ROAD FAIRVIEW AVENUE HOLLEMANDRIVEW ESTH O L L E M AN D R I V E S O U T H J ONES-BUT L ERROADJ UNCTI ONBOYSRO A DMARION PUGH DRI VELUTHER STREET WESTWE L L B O R N R O A D FRO N TA G E R O A D WE L L B O R N R O A D GEORGEBUSHDRIVEWESTHARVEY MITCHELLPARKWAYSOUTHHARVEYMITCHELLPARKWAYSOUTH A A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 HARVEYMITCHELLPARKWAY SO U T H W ELLB O R N R O A DHOLLEMAN DRIVELegend Project Location Streets Functional Classification FREEWAY MAJOR ARTERIAL MAJOR COLLECTOR MINOR ARTERIAL MINOR COLLECTOR LOCAL STREET PRIVATE STREET ALLEY TAMU ACCESS ROADS Property Parcels Rivers Project Location MapFM2818 Capacity Improvements± ± Created: 6/22/2017 0 2,000 4,000 6,000 8,000 10,0005001,000 1,500Feet Feet Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0321 Name:Hot Mix Asphalt Picked Up Status:Type:Renewal Consent Agenda File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on the renewal of the annual blanket purchase orders for Type D Hot Mix Asphalt to be picked up by City Crews for the maintenance of streets to Knife River Corp- South for $1,397,500 and Brazos Paving, Inc. for $427,000. The total annual not to exceed expenditure is $1,824,500. Sponsors:Donald Harmon Indexes: Code sections: Attachments:bid #16-081 tabulation Bid 16-081 BPI Materials - Signed Bid 16-081 Knife River - Signed Action ByDate Action ResultVer. Presentation,possible action,and discussion on the renewal of the annual blanket purchase orders for Type D Hot Mix Asphalt to be picked up by City Crews for the maintenance of streets to Knife River Corp-South for $1,397,500 and Brazos Paving, Inc. for $427,000. The total annual not to exceed expenditure is $1,824,500. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the renewal of the annual blanket purchase order. Summary:In 2016,in response to bid #16-081,the City received two competitive sealed bids for the purchase of Type D Hot Mix Asphalt to be picked up by City Crews.The City requested quotes for semi-annual and annual estimates.Knife River was the lowest responsible bidder and was awarded an estimated 25,000 tons at $55.90 per ton for a total not to exceed amount of $1,397,500.Any after hours,or emergency start-up costs will be paid from this not to exceed amount. This renewal is the first of two possible one year renewal terms from August 1, 2017 through July 31, 2018. Brazos Paving,Inc.is being recommended for an annual blanket order renewal of 7,000 tons at $61.00 for an amount not to exceed $427,000.This award will provide an alternate source of Type D Hot Mix when Knife River cannot supply the City’s asphalt due to plant downtime.Any after hours,or emergency start-up costs will be paid from this not to exceed amount. This renewal is the first of two possible one year renewal terms from August 1, 2017 through July 31, 2018. Budget &Financial Summary:Funds are budgeted and available in the Street Maintenance and Roadway Maintenance budgets. Attachments: College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0321,Version:1 1. Renewal letters 2. Bid tabulation College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #16-081 "Type "D" Hot Mix to be Picked Up by City Crews" Open Date: Friday, June 17, 2016 @ 2:00 p.m. Item Estimated Quantity UOM Description Unit Price Total Price Unit Price Total Price 1 15,000 tons Asphalt, Hot-Mix, Type D, in accordance with TSDHPT 1993 Standard Specs Item #340 $55.90 $838,500.00 $61.00 $915,000.00 2 25,000 tons Asphalt, Hot-Mix, Type D, in accordance with TSDHPT 1993 Standard Specs Item #340 $55.90 $1,397,500.00 $61.00 $1,525,000.00 3 1 ton Emergency requests after 6:00 p.m. (price per ton) Knife River Corp-South Brazos Paving, Inc. $1,500.00$1,800.00 Emergency Requests Annual Estimates Semi- Annual Estimates Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 06/12/2017 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Brazos Paving, Inc. Bryan, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City Of College Station Annual Hot Mix Asphalt Type "D" 16-018 R 1 2017-222610 06/13/2017 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING Signature of officer administering oath 6 AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Title of officer administering oath I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Sworn to and subscribed before me, by the said _____________________________________, this the ____________ day of ______________, 20________, to certify which, witness my hand and seal of office. AFFIDAVIT Printed name of officer administering oath Check only if there is NO Interested Party.5 X Version V1.0.883www.ethics.state.tx.usForms provided by Texas Ethics Commission City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0323 Name:Southwood Valley Trunk Line Phase I Status:Type:Contract Consent Agenda File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding approval of professional services contract no. 17300470 with Kimley-Horn and Associates, Inc. in the amount of $240,036, for the design and construction phase services for the Southwood Valley Trunk Line Phase I Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:2017-05-30 PLM - Southwood Valley Trunk Line - Phase 1 Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of professional services contract no. 17300470 with Kimley-Horn and Associates, Inc. in the amount of $240,036, for the design and construction phase services for the Southwood Valley Trunk Line Phase I Project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: The scope of this contract includes mapping, sanitary sewer design, geotechnical and subsurface utility engineering investigation services, environmental services, bid phase services, construction phase services, and construction materials testing for Phase I. The Southwood Valley Trunk Line Project involves the design of approximately 2,310 linear feet of 36-inch sanitary sewer line within easements on private property located on the west side of State Highway 6. The scope of the project extends along the existing sanitary sewer alignment from a point approximately 850 feet south of FM 2818 to the connection with the proposed Bee Creek Trunk Line - Phase 2 (currently under construction with project completion: December 2017) near the confluence of Bee Creek and State Highway 6. The purpose of this replacement is to increase capacity for proposed future development. Budget & Financial Summary: The project budget of $2,577,000 is included in the proposed FY17 Wastewater Capital Improvement Projects Fund. Attachments: 1. Contract - On file in the City Secretary’s Office 2. Project Location Map College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0323,Version:1 College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ !!!!!!!!!R!R!R!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!!!!!!!!!!!!!!!!!!!!!!!R!R!R!R!R!R!(!(!(&É!(!(!(&É!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!("¥&É"¥"¥G!.G!.G!.G!.G!.G!.1501 1610 2544 124 3005 30091505 2700 3001 3001 2700 2338 8500 2650 B EECR EEKTRIBUTARY 3 BEECREEKB E E C R E EKTRIBUTARYAEMERALDPLAZAFRONTAGE 6 RD W FRONTAGE 6 ROAD EAST HARVEYMITCHELLPARKWAYSOUTHHARVEYMITCHELLPARKWAYSOUTHHARVEYMITCHELLPARKWAYSOUTHF RO NTAGE6RO ADEASTFRONTAGE6ROADEAST FRON TA G E 6RD WFRONTAGE6R OADEASTFRONTAGE6ROADWESTEARL RUDDERFREEWAYSOUTH EARL RUDDERFREEWAYSOUTH DEACON DR OFF RAMP AT EARLRUDDERFWYSSOUTHBOUND A A B B C C D D E E 5 5 4 4 3 3 2 2 1 1 EARL RUDDER FREEWAY SOUTH FRON TA G E 6 R D W TEXAS AVENUE SOUTHDARTMOUTHSTR E E T Legend Project Location G!.Fire Hydrants !(Isolation &É Blowoff "¥Air Relief !R Services !Fittings Distribution Fire !!2 Standard !R Services !Fittings Gravity Streets Functional Classification FREEWAY MAJOR ARTERIAL MAJOR COLLECTOR LOCAL STREET Property Parcels All Easements Rivers Water Features Project Location MapSouthwood Valley Trunk LinePhase 1±±Created: 5/30/2017 0 500 1,000 1,500 2,000 2,500125250375FeetFeet Overview Map DISCLAIMER: This product is for informational purposes and may not have been prepared for or besuitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground surveyand represents only the approximate relative location of property boundaries. No warranty is made bythe City of College Station regarding specific accuracy or completeness. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0324 Name:SH 6 Water Line Phase 3 Project Status:Type:Contract Consent Agenda File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion on professional services contract no. 17300421 with Jones & Carter, Inc. in the amount of $266,000, for the design, bidding, and construction administration for the State Highway 6 Waterline Phase III project. Sponsors:Donald Harmon Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion on professional services contract no. 17300421 with Jones & Carter, Inc. in the amount of $266,000, for the design, bidding, and construction administration for the State Highway 6 Waterline Phase III project. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: The scope of this contract includes design, bidding, and construction administration services for the State Highway 6 Phase III Project. This project consists of the design of a new waterline along the State Highway 6 northbound feeder; an 18-inch waterline between Woodcreek Dr. and Sebesta road, a 20-inch waterline between Harvey Mitchell Parkway, and a 12-inch waterline between Emerald Parkway and North Forest Parkway. These water lines are included in the 2015 Water Master Plan and are needed to serve future development south of William D. Fitch Parkway. These water lines will connect to existing water lines and staff recommends that a large diameter line be installed to allow better overall hydraulic operation. Budget &Financial Summary:Budget in the amount of $2,810,000 is included for this project in the Water Capital Improvement Projects Fund. Attachments: 1. Contract - On file in the City Secretary’s Office College Station, TX Printed on 7/7/2017Page 1 of 1 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0325 Name:University Drive Sidewalk Project ILA Status:Type:Agreement Consent Agenda File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding approval of an Interlocal Agreement (17300486) with Texas A&M University regarding construction and maintenance of sidewalks constructed with the University Drive Pedestrian Safety Improvements Project Phase 2. Sponsors:Donald Harmon Indexes: Code sections: Attachments:ILA Signed by TAMU Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding approval of an Interlocal Agreement (17300486)with Texas A&M University regarding construction and maintenance of sidewalks constructed with the University Drive Pedestrian Safety Improvements Project Phase 2. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends approval of the Interlocal Agreement. Summary:The University Drive Pedestrian Safety Improvements Phase 2 project will include widening of sidewalks, various roadway signals improvements,and various traffic signal improvements from east of South College Ave (Bizzell Street)to east of College Main (Houston Street)along University Drive.Certain improvements will occur on TAMU’s property,including widening of sidewalks and installation of irrigation sleeves.The City will be responsible for funding and constructing these improvements.The City will not be providing landscape or irrigation as part of the project.This agreement acknowledges that the City will fund and construct sidewalks and other improvements on TAMU property and TAMU will be responsible for maintenance once improvements are complete.The new sidewalk will be required to remain public and any future alterations will require the City’s written approval. Budget &Financial Summary:The City is fully funding the University Drive Pedestrian Safety Improvements Phase 2 project. There are no exchange of funds as part of this Interlocal Agreement. Legal Review: Yes Attachments: 1.Interlocal Agreement College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0325,Version:1 College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0320 Name:Hot Mix Aspalt Overlay Status:Type:Contract Agenda Ready File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding the rejection of the low bid from Texcon General Contractors, and the approval of contract 17300449 with Brazos Paving, Inc. for the construction and or installation of One Inch Overlay With Specialty Mix as needed for an amount not to exceed $472,000. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Bid Tab 17-287 Texcon Rejection Formal Response - Final Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the rejection of the low bid from Texcon General Contractors,and the approval of contract 17300449 with Brazos Paving,Inc.for the construction and or installation of One Inch Overlay With Specialty Mix as needed for an amount not to exceed $472,000. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s):Staff recommends rejecting the bid from Texcon General Contractors and approving contract 17300449 with Brazos Paving,Inc.for the construction and/or installation of One Inch Overlay With Specialty Mix as needed for an amount not to exceed $472,000.00. Summary:On May 16,2017 the City of College Station and Brazos County went out for a joint bid the construction and/or installation of One Inch Overlay With Specialty Mix as needed.The lowest bidder,Texcon General Contractors,is not being recommended awarded this contract due to the fact that Texcon does not meet one or more of the criteria in Sect. 2269.055 Texas Government Code,including Texcon’s experience and reputation in performing projects for the City. Therefore,Texcon General Contractors is not considered the lowest responsible bidder.A notice of non-award was sent to Texcon on May 30,2017.The next lowest responsible bidder was Brazos Paving,Inc.The City of College Station has completed the evaluation of the Joint Bid 17-287 with Brazos County,and is recommending award of our portion to Brazos Paving, Inc. for an amount not to exceed $472,000.00. Robertson Neal, attorney for Texcon, is protesting this matter and may address council. Budget & Financial Summary: Funds are available in the Streets operations and maintenance budget. Legal Review: Yes College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0320,Version:1 Attachments: 1. Contract is on file in the City Secretary’s Office. 2. Bid rejection letter 3. Bid tabulation College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ BID TABULATION 17‐287HOT MIX ASPHALTJune 29, 2017 through June 28, 2018Description QTY Brazos Paving Inc. Knife River Larry Young Paving Texcon 1D-GR HMA Type D 1.50" min. thick compacted and placed 2,000 $10.45 $9.60 $9.44 $10.50Totals SY $20,900.00 $19,200.00 $18,880.00 $21,000.00Product Name Type D HMAC Type D Mix PG64-22 Type D PG 64-22 Knife river Type "D" pg 64-22Product Number BPI 1701 39417 SP39417B2D-GR HMA Type D 2.00" min. thick compacted and placed 2,000 $12.61 $11.25 $12.14 $11.50Totals SY $25,220.00 $22,500.00 $24,280.00 $23,000.00Product Name Type D HMAC Type D Mix-PG64-22 Type D PG 64-22 Knife river Type "D" pg 64-22Product Number BPI 1701 39417 SP39417B3D-GR HMA Type D, 1.50" min. thick, compacted and placed 30,000 $7.50 $6.25 $7.22 $10.50Totals SY $225,000.00 $187,500.00 $216,600.00 $315,000.00Product Name Type D HMAC Type D Mix-PG64-22 Type D PG 64-22 Knife river Type "D" pg 64-22Product Number BPI 1701 39417 SP39417B4D-GR HMA Type D, 2.00" min. thick , compacted and placed 30,000 $9.70 $7.85 $9.31 $11.50Totals SY $291,000.00 $235,500.00 $279,300.00 $345,000.00Product Name Type D HMAC Type D Mix-PG64-22 Type D PG 64-22 Knife river Type "D" pg 64-22Product Number BPI 1701 39417 SP39417B5D-GR HMA Type C 2.25" min. thick, compacted and placed 2,000 $14.50 $12.00 $12.88 $13.50Totals SY $29,000.00 $24,000.00 $25,760.00 $27,000.00Product Name Type C HMAC Type C Mix-PG64-22 Type C PG 64-22 Knife River Type C pg 64-22Product Number BPI 1703 39410 SP394106D-GR HMA Type C 2.25" min. thick, compacted and placed 30,000 $10.90 $9.00 $10.56 $13.50Totals SY $327,000.00 $270,000.00 $316,800.00 $405,000.00Product Name Type C HMAC Type C Mix-PG64-22 Type C PG 64-22 Knife River Type C PG 64-22Product Number BPI 1703 39410 SP39410 BID TABULATION 17‐287HOT MIX ASPHALTJune 29, 2017 through June 28, 20187TOM-C, 1.00" min. thick, compacted and placed 30,000 $7.70 $5.80 $7.79 $16.00Totals SY $231,000.00 $174,000.00 $233,700.00 $480,000.00Product Name TOM -C TOM-C Mix PG76-22TOM C HMAC PG 76-22 Knife River Type C PG 76-22Product Number BPI 1704 39422 394228TOM-F 0.50" min. thick, compacted and placed 30,000 $5.50 $3.25 $5.76 $15.00Totals SY $165,000.00 $97,500.00 $172,800.00 $450,000.00Product Name TOM-F TOM-F Mix- PG76-22TOM F HMAC PG 76-22 Knife River Type F PG 76-22Product Number BPI 1705 39423 394239 TOM-C 1.00" min. thick, compacted and placed per city of College Station 4000 $118.00 $121.75 $123.49 $90.00TotalsTons $472,000.00 $487,000.00 $493,960.00 $360,000.00Product Name TOM-C TOM-C Mix-PG76-22TOM C HMAC PG 76-22 Knife River Type C PG 76-22Product Number BPI 1704 39422 39422Plant Location 1701 W. Hwy 21, Bryan, Tx 6310 State Hwy 21 West Bryan, Tx 778076310 State Hwy 21 West Bryan, Tx 77807 Hwy 21 EDelivery 2 weeks 1 week 7 days 2 daysGrand Totals $1,786,120.00 $1,517,200.00 $1,782,080.00 $2,426,000.00Recommended Award: Primary: Approved by Commissioner’s Court on this ________ day of _______________, 2017 by_________________________________ holding the position of _______________________________Larry Young Paving; Item 1 Knife River: Item 2, 3, 4, 5, 6, 7, 8 Brazos Paving Inc: Item 9 CITY OF CoLIBGE STATION Home of Texas A &M University • ---==:c,;::::::,;;_-;~:l1111filll'liil _____ P____. ------·----~ May 30, 2017 Texcon General Contractors ATTN: Carey D. Smith PO Box 138 Kurten, TX 77862 RE: ITB 17-048, Southwest Parkway Drainage Improvements BC ITB 17-287, Purchase and Installation of Hot Mix Asphalt Dear Mr. Smith: The purpose of this letter is to inform you that City staff recommends Texcon not be recognized as the lowest responsible bidder for purposes of bid award for the above referenced invitations to bid. City staff recommends the City considers the criteria listed under Sect. 2269.055 Texas Government Code in determining bid award for the above referenced matters. City staff recommends the City Council determines Texcon does not meet one or more of the criteria listed, including Texcon's experience and reputation in performing projects for the City. For this reason, staff recommends both projects be awarded to the next lowest responsible bidder. Should you wish to protest this decision before the City Council, you may submit a written protest request to the City Secretary's office. Sincerely, cl;f&ur~ Heather Pavelka, CPSM Buyer, Purchasing Division City of College Station CC: Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Fiscal Services P.O. BOX 9960 • 1101 TEXAS AVENUE •COLLEGE STATION •TEXAS • 77842 TEL. 979.764.3555 ·FAX. 979 .764.3899 cstx.gov City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0322 Name:Southwest Parkway Drainage Improvements Status:Type:Contract Agenda Ready File created:In control:6/23/2017 City Council Regular On agenda:Final action:7/13/2017 Title:Presentation, possible action, and discussion regarding the rejection of the bid from Texcon General Contractors, and the approval of contract 17300391 with Palasota Contracting, LLC for Southwest Parkway Drainage Improvements in an amount not to exceed $286,088. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Texcon Rejection Formal Response - Final1 Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the rejection of the bid from Texcon General Contractors, and the approval of contract 17300391 with Palasota Contracting, LLC for Southwest Parkway Drainage Improvements in an amount not to exceed $286,088. Relationship to Strategic Goals: ·Core Services and Infrastructure Recommendation(s): Staff recommends rejecting the bid from Texcon General Contractors and approving contract 17300391 with Palasota Contracting, LLC for Southwest Parkway Drainage Improvements in an amount not to exceed $286,088.00. Summary:On May 19,2017,the City of College Station went out for bid for the removal and replacement of storm sewer,sidewalk and other drainage improvements for Southwest Parkway.The lowest bidder, Texcon General Contractors,is not being recommended awarded this contract due to the fact that Texcon does not meet one or more of the criteria in Sect.2269.055 Texas Government Code,including Texcon’s experience and reputation in performing projects for the City.Therefore,Texcon General Contractors is not considered the lowest responsible bidder.A notice of non-award was sent to Texcon on May 30,2017. The next lowest responsible bidder for the project was Palasota Contracting,LLC and is being recommended to be awarded the contract in an amount not to exceed $286,088.00. Budget &Financial Summary:Funds are available in the Drainage Maintenance Capital Improvement Funds designated for project SD1602. Legal Review: Yes Attachments: 1. Contract is on file in the City Secretary’s Office. College Station, TX Printed on 7/7/2017Page 1 of 2 powered by Legistar™ File #:17-0322,Version:1 2. Bid rejection letter College Station, TX Printed on 7/7/2017Page 2 of 2 powered by Legistar™ CITY OF CoLIBGE STATION Home of Texas A &M University • ---==:c,;::::::,;;_-;~:l1111filll'liil _____ P____. ------·----~ May 30, 2017 Texcon General Contractors ATTN: Carey D. Smith PO Box 138 Kurten, TX 77862 RE: ITB 17-048, Southwest Parkway Drainage Improvements BC ITB 17-287, Purchase and Installation of Hot Mix Asphalt Dear Mr. Smith: The purpose of this letter is to inform you that City staff recommends Texcon not be recognized as the lowest responsible bidder for purposes of bid award for the above referenced invitations to bid. City staff recommends the City considers the criteria listed under Sect. 2269.055 Texas Government Code in determining bid award for the above referenced matters. City staff recommends the City Council determines Texcon does not meet one or more of the criteria listed, including Texcon's experience and reputation in performing projects for the City. For this reason, staff recommends both projects be awarded to the next lowest responsible bidder. Should you wish to protest this decision before the City Council, you may submit a written protest request to the City Secretary's office. Sincerely, cl;f&ur~ Heather Pavelka, CPSM Buyer, Purchasing Division City of College Station CC: Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Fiscal Services P.O. BOX 9960 • 1101 TEXAS AVENUE •COLLEGE STATION •TEXAS • 77842 TEL. 979.764.3555 ·FAX. 979 .764.3899 cstx.gov City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0335 Name:Rezoning – Pebble Creek Ph 2C Status:Type:Rezoning Agenda Ready File created:In control:6/26/2017 City Council Regular On agenda:Final action:7/13/2017 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 RS Restricted Suburban and GS General Suburban for approximately 2.43 acres being Pebble Creek Phase 2C, Block 20 and Block 21, of the Official Records of Brazos County, Texas, located at 5101 & 5201 Pebble Creek Parkway, more generally located at the intersection of Pebble Creek Parkway & Champions Boulevard. Sponsors:Jenifer Paz Indexes: Code sections: Attachments:Background Info SAM & Aerial Rezoning Map Ordinance Letters from Pebble Creek OA & Pebble Creek Garden HOA Emails & letters of Opposition Petition of Opposition 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 RS Restricted Suburban and GS General Suburban for approximately 2.43 acres being Pebble Creek Phase 2C, Block 20 and Block 21, of the Official Records of Brazos County, Texas, located at 5101 & 5201 Pebble Creek Parkway, more generally located at the intersection of Pebble Creek Parkway & Champions Boulevard. Relationship to Strategic Goals: ·Good Governance ·Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission considered this item at their June 15, 2017 meeting and acted on each block individually. The Commission voted 6-0 to recommend approval of the rezoning for Block 21 with the condition that a 25’ buffer be provided along Champions Boulevard. The recommendation to approve the rezoning of Block 20 failed (3-3). The Unified Development College Station, TX Printed on 7/7/2017Page 1 of 5 powered by Legistar™ File #:17-0335,Version:1 Ordinance (UDO) states that any recommendation to the City Council without a majority positive votes from members of the Planning & Zoning Commission shall be deemed a negative report. Summary: The applicant requests a rezoning from R Rural to RS Restricted Suburban (Block 21, 1.08 acres) & GS General Suburban (Block 20, 1.35 acres) to allow for the future subdivision of the property. REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject property is shown as Restricted Suburban on the Future Land Use and Character Map. This designation is generally for areas that should have a moderate level of development activity. These areas will tend to consist of medium-density single-family residential lots (average 8,000 square feet) when clustered around open spaces, or larger lots sizes when not clustered. The proposed zoning district on Block 21, RS Restricted Suburban, is designed to provide land for detached medium-density, single-family residential development. Consisting of larger residential lots with a minimum of 10,000 square feet or averaging 8,000 square feet when clustered around open space. This zoning request is consistent with the current Future Land Use and Character Map. GS General Suburban, proposed on Block 20, is also designed for single-family residential purposes requiring a minimum lot size of 5,000 square feet. Although this requested zoning does not reflect the Future Land Use & Character designation, it is consistent with the spirit of the Pebble Creek Master Plan in that there would be a variety of single-family products. The Pebble Creek development, as a whole, meets the density intentions of Restricted Suburban. In addition the GS General Suburban request is consistent with the existing zoning of the subdivision. Block 20 is adjacent to Pebble Creek Ph 2A, lots along Stonebrair Circle, which is developed as a patio home section with lots sizes ranging between 6,000 to 7,800 square feet, reflective of GS General Suburban zoning. College Station, TX Printed on 7/7/2017Page 2 of 5 powered by Legistar™ File #:17-0335,Version:1 The Restricted Suburban land use designation precedes the adoption of the RS Restricted Suburban zoning district which occurred in October 12, 2013. The developed areas of Pebble Creek subdivision, including the adjacent residential areas, Phase 2A & 2B, were rezoned in the early 1990s as GS General Suburban (formally R-1 Single Family Residential).Given the characteristics of the adjacent properties and the current zoning of the subdivision, the proposed zoning districts are consistent with the Comprehensive Plan. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood:The surrounding single-family residential properties are zoned GS General Suburban. Lots along Stonebrair Circle, Phase 2A, adjacent to Block 20, are developed with an average lot size of 6,843 square feet. The lots along Augusta Circle, Phase 2B, adjacent to Block 21, are developed with an average lot size of 29,087 square feet. The proposed GS General Suburban on Block 20 is suitable for this property given it will allow for similar single-family development as those lots in Phase 2A. RS Restricted Suburban, proposed on Block 21, is also suitable for the property as it will allow for medium density single -family development similar to the lots in Phase 2B. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and with the character of the surrounding neighborhood. College Station, TX Printed on 7/7/2017Page 3 of 5 powered by Legistar™ File #:17-0335,Version:1 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 current zoning district allows for single-family development but does not allow for more than one single-family home on each lot. The rezoning request will enable further subdivision of the property for additional single-family lots. Block 20 is suitable for GS General Suburban and Block 21 is suitable for RS Restricted Suburban given that the uses and density allowed in each district are similar to the existing, adjacent lots in Phase 2A & 2B. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The properties are currently vacant and undeveloped. While these lots can be developed for single-family residential under the current zoning district, the proposed rezoning to GS General Suburban and RS Restricted Suburban is suitable given they are consistent in character to lots in the nearby vicinity. 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 marketability of this property as R Rural is limited to large lot residential or agricultural uses as allowed under the zoning district. While this property can be marketed under the current zoning, a single-family residential zoning district that is consistent with the neighboring development will enable the property to be subdivided in a similar pattern to the adjacent single-family lots on Stonebriar and Augusta Circle. 6.Availability of water, wastewater, stormwater, and transportation facilities generally College Station, TX Printed on 7/7/2017Page 4 of 5 powered by Legistar™ File #:17-0335,Version:1 suitable and adequate for the proposed use:Water service will be provided by College Station Utilities. There are existing 12-inch waterlines along the east side of Pebble Creek Parkway with an 8-inch stub out located within Block 20. Additionally, there is an 8-inch waterline on the south side of Champions Boulevard and Augusta Circle. Sanitary sewer service is available via two existing 6-inch sewer mains. The properties are located within the Lick Creek drainage basin. Sites are generally draining towards Pebble Creek Parkway. Drainage and other public infrastructure required with subdivision shall be designed and constructed in accordance with the B/CS Design Guidelines. The subject lots have frontage to Champions Boulevard, Stonebriar Circle and Augusta Circle, all designated and designed as local streets. The properties also back up to Pebble Creek Parkway, a 2-lane Major Collector. A Traffic Impact Analysis (TIA) was not required with the rezoning application based on the requested rezoning acreage in accordance with the Unified Development Ordinance (UDO). Based on street classification, access from Pebble Creek Parkway would not be permitted. STAFF RECOMMENDATION Staff recommends approval of the rezoning request. Budget & Financial Summary: N/A Attachments: 1.Background Information 2.Small Area Map & Aerial 3.Rezoning map 4.Ordinance 5.Letter from Pebble Creek Owners Association & Pebble Creek Garden Homeowners Association 6.Emails & Letters in Opposition 7.Petition of Opposition College Station, TX Printed on 7/7/2017Page 5 of 5 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: June 15, 2017 Advertised Council Hearing Date: July 13, 2017 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: Pebble Creek HOA Pebble Creek Garden HOA Property owner notices mailed: 19 Contacts in support: None as of the date of the Staff Report Contacts in opposition: Six (6) as of the date of the Staff Report Inquiry contacts: Five (5) as of the date of the Staff Report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Restricted Suburban GS General Suburban Single-Family Residential South Restricted Suburban GS General Suburban Single-Family Residential East (across Stonebriar Circle) Natural Areas – Protected R Rural Pebble Creek Country Club West (across Pebble Creek Pkwy) Natural Areas – Protected & Restricted Suburban R Rural & GS General Suburban Common Area/Open Space & Single-Family Residential DEVELOPMENT HISTORY Annexation: October 1983 Zoning: A-O Agricultural Open upon annexation (1983) A-O Agricultural Open renamed to R Rural (2014) Final Plat: Block 20 & 21 of Pebble Creek Phase 2C Site development: Vacant £ Ex. 1 Pebble Creek Phase 2CZoning Map Amendment April 2017 Rezoning Map RS - Restricted Suburban GS - General Suburban R - Rural Zoning:Rural HYLAND DAVID C & CLAUDIA EPEBBLE CREEK PH 2B,BLOCK 17, LOT 35 ACRES: 0.57 PEBBLE CREEK DEVELOPMENTC/O YOUNG DAVISPEBBLE CREEK PH 2C, BLOCK 21, LOT ALL, ACRES: 1.08 PEB BL E C R EE K D E VE L OP MEN TC/O YOUNG DAVISPEBBLE C R EE K P H 2 C , BLOCK 20, LOT A LL, ACRE S: 1.35 PEBBLE CREEK INTERESTS LTDPEBBLE CREEK, LOT ALL PLATTED GOLF COURSE LOTS, ACRES: 238.585 & PEBBLE CREEK PH 2C, BLK 19 & ADJ ACREAGE: 238.59 SMITH R L JR & CONNIE JEANPEBBLE CREEK PH 2A, BLOCK 15 & 16, COMMON AREASACRES: 3.00 KEPRTA DONALD F & JO CAROLYN PEBBLE CREEK PH 2A, BLOCK 15, LOT 44 ACRES: 0.16Zoning:Rural Zoning:General Suburban Zoning:General Suburban Zoning:General Suburban 20' Utility Easement20' Utility Easement20' Utility Easement 20' Utility Easement SIMPSON JAMES H & LOIS PEBBLE CREEK PH 2B, BLOCK 17, LOT 1STONEBRIAR CIR50' ROWAUGUSTA CIRCLE60' ROWFIRESTONE DRIVE50' ROW PUBLIC ALLEYPEBBLE CREEK PARKWAY100' ROWCHAMP IONS BOUL EVARD100' ROW Existing PEBBLE CREEK INTERESTS LTDPEBBLE CREEK, LOT ALL PLATTED GOLF COURSE LOTS, ACRES: 238.585 & PEBBLE CREEK PH 2C, BLK 19 & ADJ ACREAGE: 238.59 PEBBLE CREEK PARKWAY100' ROWSTONEBRIAR CIR50' ROWAUGUSTA CIRCLE60' ROWFIRESTONE DRIVE50' ROW CHAMP IONS BOUL EVARD100' ROW PEBBLE CREEK INTERESTS LTDPEBBLE CREEK, LOT ALL PLATTED GOLF COURSE LOTS, ACRES: 238.585 & PEBBLE CREEK PH 2C, BLK 19 & ADJ ACREAGE: 238.59 PEBBLE CREEK DEVELOPMENTC/O YOUNG DAVISPEBBLE CREEK PH 2C, BLOCK 20, LOT ALL, ACRES: 1.35 PEBBLE CREEK DEVELOPMENTC/O YOUNG DAVISPEBBLE CREEK PH 2C, BLOCK 21, LOT ALL, ACRES: 1.08 SIMPSON JAMES H & LOIS PEBBLE CREEK PH 2B, BLOCK 17, LOT 1HYLAND DAVID C & CLAUDIA EPEBBLE CREEK PH 2B,BLOCK 17, LOT 35 ACRES: 0.57 KEPRTA DONALD F & JO CAROLYN PEBBLE CREEK PH 2A, BLOCK 15, LOT 44 ACRES: 0.16SMITH R L JR & CONNIE JEANPEBBLE CREEK PH 2A, BLOCK 15 & 16, COMMON AREASACRES: 3.00 Zoning:General Suburban Zoning:General Suburban Zoning:Restricted Suburban Zoning:General Suburban Proposed S H 6 S O U T H FR O NTA G E 6 R O AD EAST LAKEWAY DRIVE ST ANDREWS DRFRONTAGE 6 ROAD WEST ROYAL ADELADE DRIVEO A K S D R IV E S O U T H ONRAMP 6 S OLD ARRINGTON ROADM IS T Y L A N EARRI NGTON ROADONYX DRIVED E C A T U R D R IV E WINGED FOOT DRWILLIAM D FITCH PARKWAYA U G U S T A C IR C LE FIRESTONE DRIVEWHITE'S CREEK LN QUALITY CIRCLE C AS C A D ES D RIVEMUIRFIELD VILLAGESANDPIPER COVELAPI S COURTS H 6 S O U T HVicinity Map £ 0 10.5 Miles 1 inch = 50 feet Rezoning Boundary 20' Utility Easement20' Utility Easement20' Utility Easement20' Utility Easement Feet010050 T. 979.260.6963F. 979.260.3564 3204 Earl Rudder FWY SCollege Station, TX 77845 Plan & Design Specialists in Civil · Engineering · HydraulicsHydrology · Utilities · StreetsSite Plans · Subdivisions www.mitchellandmorgan.com 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 RS RESTRICTED SUBURBAN AND GS GENERAL SUBURBAN FOR APPROXIMATELY 2.43 ACRES BEING PEBBLE CREEK PHASE 2C, BLOCK 20 AND 21, LOCATED AT 5101 & 5201 PEBBLE CREEK PARKWAY, MORE GENERALLY LOCATED AT THE INTERSECTION OF PEBBLE CREEK PARKWAY & CHAMPIONS BOULEVARD; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, and as shown graphically in Exhibit “B” and Exhibit “C”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by S ection 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 13th day of July, 2017 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO. _________ Page 2 of 4 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 RS Restricted Suburban: Pebble Creek Phase 2C, Block 21 The following property is rezoned from R Rural to GS General Suburban: Pebble Creek Phase 2C, Block 20 ORDINANCE NO. _________ Page 3 of 4 EXHIBIT “B” Block 20 Block 21 ORDINANCE NO. _________ Page 4 of 4 EXHIBIT “C” June 21, 2017 RECEIVED JUN 2 3 2011 BY: Open letter to Mayor Karl Mooney and Councilmen Blanche Brick, Jerome Rektorik, Linda Harvell, Barry Moore, Julie Schultz and James Benham Re: Rezoning of Stonebriar Circle property for development by Mrs. Gloria Davis' company Gentlemen and Ladies of the City Council of College Station, Texas: It is our desire that the proposed rezoning development by Mrs. Davis' company NOT destroy the integrity of the west side of the property into homes with side or front garage openings. The rest of the street on the west side has an alley and back garage openings. Mrs. Davis' company's plan would destroy the integrity of the look of the street. If it was the intent for that property to be developed, it should have been developed at the initial construction of the neighborhood, NOT twenty plus years later to come in and change the green space. The original look of Stonebriar Circle and the entrance to Pebble Creek Country Club had a designated green space" that should ideally be left as Green Space. This green space is an enhancement into the Pebble Creek Country Club and surrounding properties. There is a real hazard in the development of this part of Stonebriar Circle. When there are cars parked along the west side of the street it would prohibit more than one car at a time to be able to pass. If this property is developed, there could be visitor's cars parked at the curb which would restrict passage -way of only one vehicle at a time and doubtful that an emergency vehicle could pass at all!! However, if it is to be developed, then the alley -ways with back garages should be kept uniform with the rest of the street. we urge you to vote against the proposed rezoning as presented by Mrs. Davis' company. Respectfully submitted, Ambrose and Doreene Boubel 4724 Stonebriar Circle College Station, Texas 77845 979) 690-1082 From:Lance Simms To:Jenifer Paz Subject:FW: Pebble Creek Parkway green space rezoning Date:Tuesday, June 13, 2017 1:23:48 PM Attachments:IMG_4173.JPG ATT00001.txt FYI... Lance Simms Director of Planning & Development Services City of College Station, TX -----Original Message----- From: Martha Hirsch [mailto:hirsch@suddenlink.net] Sent: Monday, June 12, 2017 1:59 PM To: Lance Simms <lsimms@cstx.gov> Subject: Pebble Creek Parkway green space rezoning ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Dear Honorable Council Members and Commissioners, We are Martha and Dwight Hirsch and are residents of the Pebble Creek subdivision, specifically, the Stonebriar Circle. We have been residents of Pebble Creek for 19 years and of College Station for 25 years. We are strongly opposed to the proposed rezoning of the green space located at 5101 Pebble Creek Parkway. Project # REZ2017-000011. Furthermore, we would like to point out that the letter submitted by the HOA board does not represent the concerns and opinions of the majority of the residents of Pebble Creek. It is extremely important for you all to realize that this board is composed of 3 members of the Young family, one of which is Gloria Young. They are the owners of the lots and the developers of the neighborhood. There are a total of 7 on the entire board. We feel like by designating these entrances as green space all these years helped the Young family,a.ka.,the Pebble Creek Development company , sell lots and make the Country Club more attractive.( They no longer own the country Club and please see my photo of the condition of the lots as of this am.). We all bought homes and lots here thinking that this would remain green space. If building on these lots has been the plan all along then it was deception,plain and simple. I am sure you are aware of the fact that no taxes have been paid on these lots for many years. I will send more photos that I took this morning in a separate email. All of the Stonebriar residents, Augusta Circle residents, Country Club members,and the majority of the neighborhood residents drive past these lots every day. The weeds are taller than my knees, the trees have dead branches hanging off of them, there are thousands of fire ant mounds,the grass is mostly dead and there are dead tree limbs on the ground. Does this look like to you that they belong to someone who gives the slightest amount of concern to what residents have to look at everyday? It implies to all of us that Mrs. Young obviously doesn't care about our neighborhood. We ask you to deny the rezoning. Thank you so much for your time and service to our community, Martha and Dwight Hirsch Friday, June 9, 2017 To: College Station P&Z committee From: J. Earl and H. Jeanne Beckman 6009 Augusta Circle, College Station 77845 979-690-0758 RE: Rezoning request in Pebble Creek PROMISES BROKEN When we moved to College Station 21 years ago, we sought a home in a first class neighborhood. Pebble Creek was one of the premiere subdivisions and being golfers, we bought a lot on Augusta Circle, which was sold to us as a future gated estate area. (Not gated though guardhouse was built—first promise broken) The two areas under consideration for re-zoning (the lots adjacent to Augusta Circle and Stonebriar Circle ) were promised to be kept as “green space,” allowing for a gracious entrance to Pebble Creek Country Club, which was being built at the time. (Another promise about to be broken?) With our only College Station country club, the Pebble Creek Country Club is accessed by many in our community for special events such as weddings, civic group meetings and golf tournaments. The green space under consideration for rezoning has created a pleasing entrance for the public into the country club with large trees. In fact, this land has been tax free based on an agreement with Mr. FM Young (the developer) and the taxing entity. Many residents of Pebble Creek (and PCCC members) are opposed to this rezoning request not only for aesthetic reasons, but also for the effect that construction on these sites would have on property values. The PCOA letter doesn’t represent all parties in this matter. While the Augusta side would have one or two large homes, the currently beautiful property on Stonebriar would be cut up into 4 or 5 small lots, creating an “urban” effect with only the necessary easement between homes and sidewalk. We expect a reasonable resolution to this situation. We are hoping that another promise will not be broken purely for the sake of financial gain. Sincerely, H. Jeanne Beckman City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0336 Name:Rezoning – Harper’s Crossing Block 1 Lot 2 Status:Type:Rezoning Agenda Ready File created:In control:6/26/2017 City Council Regular On agenda:Final action:7/13/2017 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 amending ordinance number 2012-3404 adopted on or about April 26, 2012 which created a PDD Planned Developent District by making changes to a portion of such district known as Harper's Crossing, Block 1, Lot 2 located at 2849 Barron Road by amending the uses and requirements thereof. Sponsors:Jenifer Paz Indexes: Code sections: Attachments:Background Info SAM & Aerial 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 amending ordinance number 2012-3404 adopted on or about April 26, 2012 which created a PDD Planned Developent District by making changes to a portion of such district known as Harper's Crossing, Block 1, Lot 2 located at 2849 Barron Road by amending the uses and requirements thereof. Relationship to Strategic Goals: ·Good Governance ·Core Services and Infrastructure ·Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission considered this item at their June 15, 2017 meeting and the motion to recommend approval failed by a vote of 5-1. Summary: The applicant is requesting an amendment to the existing PDD Planned Development District and associated concept plan to allow for the development of fuel sales. The existing base zoning of C-3 Light Commercial allows for the development of 2 fuel pumps, although the adopted concept plan did not account for the land use. The request is to keep the C-3 Light Commercial standards as the base zoning district of the PDD, but to allow for the use of 4 fuel pumps and the development of a fuel sales area on the concept plan. Additional development standards are proposed to mitigate the impact of fuel sales and fuel canopy on the neighboring properties and to provide community benefits that achieve the goals and strategies of the Comprehensive Plan. College Station, TX Printed on 7/7/2017Page 1 of 4 powered by Legistar™ File #:17-0336,Version:1 REZONING REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as Suburban Commercial. This designation is intended for concentrations of commercial activities that cater primarily to nearby residents versus the larger community or region. As a result, design of these structures are intended to be compatible in size, roof type and pitch, architecture, and lot coverage with the surrounding single-family residential uses. The current zoning of the property is PDD Planned Development District with a base zoning of C- 3 Light Commercial zoning. The proposed rezoning is amending the layout on Lot 2 from the previously approved PDD Concept Plan to allow for the construction of a fuel canopy with up to 4 fuel pumps. Additionally, the proposed PDD Concept Plan includes modifications by providing an additional open space and canopy trees along the single-family properties, architectural standards that are compatible with residential structures, and limiting site lighting. Given these modifications, the proposed PDD Planned Development District and associated Concept Plan are consistent with the SC Suburban Commercial designation. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The uses requested for the PDD are those allowed under the current PDD and C-3 Light Commercial, with the addition 2 fuel pumps (total of 4 fuel pumps). A 15-foot open space and 15-foot landscape buffer yard with a 6-foot wall are being provided adjacent to the single-family properties to the north and east. The proposed Concept Plan requires the building on the property to provide site lighting and architectural design that is consistent with those required in SC Suburban Commercial, which are complementary to residential construction. Given the modification to the architectural standards and additional buffer area between the uses, the proposed uses of the subject lot are compatible with surrounding GS General Suburban zoned properties. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The property is located at the intersection of a 4-lane Minor Arterial, Barron Road, and a highway, William D. Fitch Parkway. This is a suitable location for a small scale commercial development that could serve the existing Sonoma and Barron Crest residential subdivisions, as well as future residential planned for in the area. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The size and location of the property is suitable for light commercial uses. With its proximity to single-family lots and at the intersection of two thoroughfares, the uses allowed under the C-3 Light Commercial zoning district are suitable for this property with the modifications listed in the Concept Plan notes. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment:The property is currently marketable for small scale commercial and office uses. The purpose of the request is to allow for a fuel canopy and additional fuel pumps. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract is located adjacent to an 18- College Station, TX Printed on 7/7/2017Page 2 of 4 powered by Legistar™ File #:17-0336,Version:1 inch water main along Barron and a 24-inch water main along William D. Fitch Parkway. An 8- inch sanitary sewer main is located near the northeast property corner. The subject tract is located in the Spring Creek Drainage Basin. There is no FEMA regulated Special Flood Hazard Area located on this tract. Development of this tract will be required to meet the City’s Storm Water Design Guidelines. The subject tract is located in the Spring Creek Sanitary Sewer Impact Fee Area. Access to the property has been established with development of Phase 1 on Lot 1. Lot 1 and 2 will have shared access from the existing driveways at Barron Road and William D. Fitch Parkway. 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 site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1.The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2.The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3.The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4.Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5.The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6.The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7.The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. General The proposed Concept Plan includes an amendment to the existing PDD Concept Plan to allow for the construction of a fuel canopy and 2 additional fuel pumps (total of 4 pumps). The building will allow uses consistent with light commercial, including convenience store, dry-cleaner, and retail sales & services. Building Height - The commercial building will be approximately 12-30 feet tall and subject to the single-family residential height protection (UDO 12-7.2.H). College Station, TX Printed on 7/7/2017Page 3 of 4 powered by Legistar™ File #:17-0336,Version:1 Drainage - The applicant states that the storm water will drain from the site to Barron Road storm sewer system and the existing detention pond will remain as-is on the site. Requested Modifications The applicant has requested the following modifications from the requirements of the Unified Development Ordinance (UDO). 1.Fuel Pumps - The applicant has requested to vary from UDO Section 12-6.4.G. “Fuel Sales,” specifically to the maximum number vehicles obtaining fuel simultaneously. C-3 Light Commercial allows a maximum of 4 vehicles obtaining fuel simultaneously, which equivalently allows only 2 fuel pumps (2 vehicles per pump). Due to marketability of the property, the applicant has requested 4 additional vehicles (4 fuel pumps) be permitted on this lot. Community Benefits The applicant identified the following community benefits to offset proposed meritorious modifications: •The site will provide open space, in addition to the 15-foot buffer area required for commercial development abutting single-family homes. •Additional canopy trees will be provided along the single-family property to reduce light pollution for vehicular traffic entering the site. •The building will utilize architectural design required in SC Suburban Commercial, which will help maintain the style and character of the abutting suburban single-family neighborhoods. •The site will provide lighting required in SC Suburban Commercial, to minimize the impact on the neighboring single-family properties. STAFF RECOMMENDATION Staff recommends approval of the rezoning request. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1.Background Information 2.Small Area Map and Aerial 3.Ordinance College Station, TX Printed on 7/7/2017Page 4 of 4 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: June 15, 2017 Advertised Council Hearing Date: July 13, 2017 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: Sonoma HOA Barron Crest HOA Property owner notices mailed: 34 Contacts in support: None at the time of staff report. Contacts in opposition: Three (3) at the time of staff report. Inquiry contacts: One at the time of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Suburban GS General Suburban Single-Family Residential (Sonoma Subdivision) South N/A N/A William D. Fitch Parkway East General Suburban GS General Suburban Single-Family Residential (Sonoma Subdivision) West (Across Barron Road) Suburban Commercial R Rural Single-Family Residential (unplatted) DEVELOPMENT HISTORY Annexation: 1995 Zoning: 1995 - A-O Agricultural Open 2006 – A-O Agricultural Open to C-3 Light Commercial 2008 – C-3 Light Commercial to PDD Planned Development District 2012 – PDD Planned Development District to PDD Planned Development District Final Plat: Harper’s Crossing Subdivision Block 1, Lot 2. Site development: Generally vacant, with an existing shared driveway and detention area that serves the subject lot and Lot 1 of the Subdivision. 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 AMENDING ORDINANCE NUMBER 2012-3404 ADOPTED ON OR ABOUT APRIL 26, 2012 WHICH CREATED A PDD PLANNED DEVELOPMENT DISTRICT; MAKING CHANGES TO A PORTION OF SUCH DISTRICT KNOWN AS HARPER’S CROSSING, BLOCK 1, LOT 2 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS LOCATED AT 2849 BARRON ROAD; BY AMENDING THE USES AND REQUIREMENTS WITHIN SAID PORTION; 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 by amending Ordinance No. 2012-3404 adopted on or about April 26, 2012 which created a PDD Planned Development District by amending a portion of such district being Harper’s Crossing Block 1, Lot 2 as set out in Exhibit “A”, as shown graphically in Exhibit “B”, and as further described in Exhibit “C”, attached hereto and made a part of this ordinance for all purposes. PART 2: That Ordinance No. 2012-3404 adopted on or about April 26, 2012 shall remain in full force and effect except only where directly in conflict with this ordinance. PART 3: 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 4: 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 13th day of July, 2017 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO. ______ Page 2 of 6 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from PDD Planned Development District to PDD Planned Development District: Harper’s Crossing, Block 1, Lot 2, 2849 Barron Road ORDINANCE NO. ______ Page 3 of 6 EXHIBIT “B” ORDINANCE NO. ______ Page 4 of 6 EXHIBIT “C” Concept Plan ORDINANCE NO. ______ Page 5 of 6 Concept Plan Notes 1. The base zoning district is C-3 and the land uses proposed for Block 1, Lot 2 of this property are as follows:  Educational facility, indoor instruction  Educational facility, primary and secondary  Government facilities  Health care, medical clinics  Parks  Places of worship  Animal care facility, indoor  Art studio/gallery  Day care, commercial  Dry cleaners & laundry*  Drive-in/drive-thru window  Fuel sales with up to 4 pumps  Offices  Personal service shop  Printing/copy shop  Radio/TV station/studio  Restaurants  Retail sales & service  Storage, self-storage  Utility*  Wireless telecommunications facilities - intermediate*  Wireless telecommunications facilities - major (CUP required) * Uses have specific use standards per Unified Development Ordinance, Article 6.3, Specific Use Standards. Conditions: Drive-in/drive-thru not allowed in conjunction with restaurant use. 2. The range of building heights is anticipated to be from 12’ to 30’, subject to UDO 12-7.2.H. 3. The storm water drainage from this site will be taken to the Barron Road storm sewer system. Storm water requirements will be in accordance with the UDO. 4. The existing detention pond will remain as-is. 5. A 15’ wide buffer will be provided as shown on the concept plan. In addition, an extra 15’ of open space will be provided outside the buffer yards. Additional canopy trees will be provided within the buffer area & open space to minimize light projecting into the single family properties. ORDINANCE NO. ______ Page 6 of 6 6. Architecture for the site will meet or exceed all NRA standards. The building(s) on Lot 2 will meet the NRA requirements of the SC Suburban Commercial District. 7. Site lighting shall be provided as required for SC Suburban Commercial to minimize light pollution on the neighboring single-family developments per UDO 12-7.11.C. 8. Lot 2 building size will range from 8,000-13,000 SF. Lot 2 improvements may be constructed as one or two buildings. City Hall 1101 Texas Ave College Station, TX 77840 College Station, TX Legislation Details (With Text) File #: Version:117-0337 Name:Rezoning – 4098 Raymond Stotzer Parkway Status:Type:Rezoning Agenda Ready File created:In control:6/26/2017 City Council Regular On agenda:Final action:7/13/2017 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 MF Multi-Family and GC General Commercial to MF Multi-Family and GC General Commercial for approximately 17.8 acres generally located at the northeast corner of the intersection of Turkey Creek Road and Raymond Stotzer Frontage Road. Sponsors:Mark Bombek Indexes: Code sections: Attachments:Background Aerial and Small Area Map Rezoning 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 MF Multi-Family and GC General Commercial to MF Multi-Family and GC General Commercial for approximately 17.8 acres generally located at the northeast corner of the intersection of Turkey Creek Road and Raymond Stotzer Frontage Road. Relationship to Strategic Goals: ·Good Governance ·Financially Sustainable City ·Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission considered this item at their June 15, 2017 meeting and voted 6-0 to recommend approval. Summary: This request is to adjust the zoning district boundary between the subject properties. The land use composition for the 17.8 acre tract is requested to be adjusted as follows; 12 acres MF Multi -Family and 5.8 acres GC General Commercial to 13.2 MF Multi-Family and 4.6 acres GC General Commercial REVIEW CRITERIA College Station, TX Printed on 7/7/2017Page 1 of 3 powered by Legistar™ File #:17-0337,Version:1 1.Consistency with the Comprehensive Plan: The subject lot is designated Urban and General Commercial on the Comprehensive Plan Future Land Use and Character Map and is also located in Presidential Corridor Gateway District. With easy access to Easterwood Airport and being in close proximity to the recently built Health Science Center as part of the Texas A&M University System, this Gateway District should be accommodating business including research and development, office, and light industrial. These uses should build on the assets existing in the area while protecting and enhancing this primary gateway into the City. The proposed development complements and is consistent with the allowable land uses for the Presidential Corridor Gateway District and with the surrounding future land use designations. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The existing MF Multi-Family and GC General Commercial zoning, were approved in the spring of 2016. These zonings allow for high density residential and intense commercial uses, which are compatible with the level of development that is anticipated for the area. Given the property’s close proximity to the BioCorridor Planned Development District, this area is expected to contain uses that support the investment plan that has been set in this District. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment:The proposed land uses permitted through this request are those allowed in MF Multi-Family and GC General Commercial. The uses are appropriate as they support the uses planned in the BioCorridor PDD and the property’s frontage along Raymond Stotzer Parkway. The intent of the area surrounding the BioCorridor District is to help preserve and support the district by providing similar and supplementary uses that focus on research and development, manufacturing, office uses, and other additional uses that would serve those that live and work in the area. The applicant feels the request meets the intent of the district which is to provide an atmosphere capable of creating the mixed use development desired for the BioCorridor District. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property is currently zoned MF Multi-Family and GC General Commercial. The current zoning district is suitable for the property given the anticipated growth that will occur in and around the BioCorridor District. The current request is still suitable as the rezoning boundary is requested to be shifted to allow for an exchange of some GC General Commercial zoning for MF Multi-Family zoning. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The property can currently be marketed under the existing MF Multi-Family and GC General Commercial zoning district. The proposed amendment should not have a substantial effect on the marketability of the property as the existing zoning boundary is shifting within the property. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: Water service will be provided by the City of College Station. The tract is currently not adjacent to an existing water line. The tract will need to extend the water line from an existing 8-inch main along the frontage of Raymond Stotzer Parkway to and through the subject property. Off-site Public Utility easements would be needed to extend waterline services to the subject property. College Station, TX Printed on 7/7/2017Page 2 of 3 powered by Legistar™ File #:17-0337,Version:1 The City of College Station has an inter-local agreement with Texas A&M University to provide sewer service to the subject tract. The tract has allocated sewer capacity reserved with the Inter- local Agreement. The applicant has provided a sealed sewer demand letter that proposes to not exceeding the allowable sewer capacity specified in the inter-local agreement. The tract is currently not adjacent to an existing sanitary sewer line. The tract will need to extend the sewer line from an existing manhole in the Aggie Field of Honor Memorial Cemetery that ultimately sewers to a lift station. Off-site easements and downstream improvements are needed in order to serve the property. These improvements include, but are not limited to providing a private lift station, existing lift station and force main modifications, and providing upgrades to TAMU sewer systems. The subject property is located in the Whites Creek Drainage basin. White Creek Tributary 8 crosses the subject tract. Detention will be required with the development. Drainage and other public infrastructure required with the site shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. Budget & Financial Summary: N/A Legal Review: Yes Attachments: 1.Background Information 2.Aerial & Small Area Map 3.Rezoning Map 4.Ordinance College Station, TX Printed on 7/7/2017Page 3 of 3 powered by Legistar™ NOTIFICATIONS Advertised Commission Hearing Date: June 15, 2017 Advertised Council Hearing Date: July 13, 2017 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 9 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Business Park R Rural Vacant South (Across Raymond Stotzer) Texas A&M University C-U College University Easterwood Airport East Institutional/Public R Rural Cemetery and existing commercial use West (Across Turkey Creek Suburban Commercial R Rural Vacant DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agricultural Open upon annexation renamed R Rural in 2013 MF Multi-Family and GC General Commercial in 2016 Final Plat: N/A Site development: Vacant ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM MF MULTI-FAMILY AND GC GENERAL COMMERCIAL TO MF MULTI-FAMILY AND GC GENERAL COMMERCIAL FOR APPROXIMATELY 17.8 ACRES GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF TURKEY CREEK ROAD AND RAYMOND STOTZER FRONTAGE; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, and as shown graphically in Exhibit “B” and Exhibit “C”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way 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 an y 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 13th day of July, 2017 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO. ____ Page 2 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 MF Multi-Family and GC General Commercial to MF Multi- Family and GC General Commercial. ORDINANCE NO. ____ Page 3 of 8 ORDINANCE NO. ____ Page 4 of 8 ORDINANCE NO. ____ Page 5 of 8 ORDINANCE NO. ____ Page 6 of 8 ORDINANCE NO. ____ Page 7 of 8 EXHIBIT “B” ORDINANCE NO. ____ Page 8 of 8 EXHIBIT “C”