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HomeMy WebLinkAbout06/25/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular Phone: 888 475 4499 and Webinar ID: 982 1331 7043 Internet: https://zoom.us/j/98213317043 June 25, 2020 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1    1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 2 p.m. on the day of the meeting. To  register the individual must provide a name and phone number by calling 979­764­3500 or emailing  CSO@cstx.gov prior to the start of the meeting. To submit written comments to the Council email  CSO@cstx.gov and they will be provided at the meeting. Upon being called to speak an individual  must state their name and city of residence, including the state of residence if the city is located out  of state. Speakers are encouraged to identify their College Station neighborhood or geographic  location. Each speaker’s remarks are limited to three (3) minutes. Any speaker addressing the  Council through the use of a translator may speak for six (6) minutes. At the (3) minute mark the City  Secretary will announce that the speaker must conclude their remarks.     2.Hear Visitors     During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. 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  concern shall be directed to the City Manager.     3.Consent Agenda     During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item. Presentation, discussion, and possible action on 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.  3.1.Presentation, discussion, and possible action of minutes for: • June 11, 2020 Workshop Meeting • June 11, 2020 Regular Meeting     Sponsors:Tanya Smith  Attachments:1.WKSHP061120 DRAFT Minutes 2.RM061120 DRAFT Minutes Page 1 of 142  City Council Regular Page 2 June 25, 2020 3.2.Presentation, discussion, and possible action regarding an ordinance amending Chapter 38,  Section 38­1012 by amending the speed limit to 40 mph on a section of Greens Prairie Road  between approximately 1,000 feet west of Woodlake Drive to the Royder Road intersection.  Sponsors:Emily Fisher  Attachments:1.Project Map 2.Greens Prairie Road Speed Limit Ord 3.3.Presentation, discussion, and possible action regarding approval of the purchase of various  long lead time major equipment for the proposed Spring Creek Substation totaling $650,914.  Sponsors:Timothy Crabb  Attachments:1.20­039 Bid Award For Long Lead Equipment 3.4.Presentation, discussion, and possible action regarding approval of the purchase of one (1)  Three­Phase electric substation transformer for the proposed Spring Creek Substation addition  from Virginia Transformer for an amount not to exceed $639,764.  Sponsors:Timothy Crabb  Attachments:1.McCord Evaluation 2.Contract is available for review in the City Secretary's Office 3.5.Presentation, discussion, and possible action regarding approval of Ratification Change Order  No. 1 in the amount of $19,416 for the Rock Prairie Road 24” Water Line Repair construction  contract with Elliott Construction, LLC.  Sponsors:Gary Mechler  Attachments:1.Rock Prairie 24" Water Line Repair Change Order No. 1 3.6.Presentation, discussion, and possible action regarding approval of the first renewal of the  City’s annual purchase of sodium hypochlorite, which will be maintained by water services and  expended as needed. The total recommended award is $115,847 to DXI Industries.  Sponsors:Gary Mechler  Attachments:1.18­106 Bid Tab 2.18300690 R1 Renewal Agreement 3.7.Presentation, discussion, and possible action regarding a professional services contract with  Kimley Horn & Associates in the amount of $288,700 for the Design of Luther Street Rehab  (Marion Pugh to Penberthy) and a Resolution Declaring Intention to Reimburse Certain  Expenditures with Proceeds from Debt.  Sponsors:Emily Fisher   Attachments:1.Prof Serv AE with Construction FORM 2.Prof Serv AE with Construction EXHIBITS 3.Project Map 4.Luther Street Rehab DRR 3.8.Presentation, discussion, and possible action regarding the approval of the second renewal of a  contract with Brazos Paving, Inc. for the installation of a one inch overlay with specialty mix as  needed for an amount not to exceed $432,000.  Sponsors:Donald Harmon  Attachments:1.Signed Renewal Contract Page 2 of 142  City Council Regular Page 3 June 25, 2020 3.9.Presentation, discussion, and possible action regarding approval for change order no. 4 with  Halff & Associates in the amount of $18,867 for the design of Lick Creek Parking Lot and Trail  Head.  Sponsors:Emily Fisher  Attachments:1.Project Location 2.Change Order 4 ­ Unsigned    4.Regular Agenda     During the Regular Agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing. If  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  4.1.Presentation, discussion, and possible action regarding an ordinance to regulate short­term  rental units in College Station.  Sponsors:Brian Piscacek  Attachments:1.Ordinance Draft 2_6­15­2020 V3 4.2.Public Hearing, presentation, discussion, and possible action on an ordinance repealing an  existing ordinance that prohibits traffic calming on Munson Avenue.  Sponsors:Troy Rother  Attachments:1.1999­2392 ­ Ordinance ­ 05071999 2.Munson Traffic Ord Repeal 4.3.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance,“ Article 4, "Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the  zoning district boundary from R Rural to PDD Planned Development District on approximately  33 acres of land located at 5604, 5900, & 6102 Rock Prairie Road.  Sponsors:Rachel Lazo   Attachments:1.Ordinance 2.Background Information 3.Vicinity Aerial and Small Area Maps 4.Applicant Supporting Information 5.Rezoning Exhibit 6.Rezoning Map 7.Concept Plan 4.4.Presentation, discussion, and possible action regarding changes to the Special Events  Ordinance.  Sponsors:Barbara Moore  Attachments:None 4.5.Presentation, discussion, and possible action regarding an ordinance consenting to and  extending the Mayor's renewal of a disaster declaration due to public health emergency.  Sponsors:Jeff Capps  Attachments:1.June 25 Disaster Declaration Ordinance Renewal Page 3 of 142 City Council Regular Page 4 June 25, 2020 4.6.Presentation,  discussion,  and  possible  action  on  a  Resolution  Authorizing  Application  for Coronavirus Relief Fund Grant from TDEM. Sponsors:Debbie Eller Attachments:1.Resolution 5.Presentation,  discussion, and possible action 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.  6.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website of the City of College Station at  5:00 p.m. on June 19, 2020. This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  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   Sub­Capitulo   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.”  City Secretary Page 4 of 142 June 25, 2020 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • June 11, 2020 Workshop Meeting • June 11, 2020 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP061120 DRAFT Minutes 2.RM061120 DRAFT Minutes Page 5 of 142 WKSHP061120 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JUNE 11, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, 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 4:07 p.m. on Thursday, June 11, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:08 p.m. on Thursday, June 11, 2020 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 McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Page 6 of 142 WKSHP061120 Minutes Page 2 Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B.Consultation with attorney to receive legal advice; to wit: Legal advice regarding termination of the FY20 funding agreements between the City and Experience Bryan College Station. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 6:02 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Item 3.5 was pulled from Consent for clarification. (3.5): Donald Harmon, Director of Public Works, explained that the request for proposals solicited from contractors for mowing and landscape maintenance were divided into five (5) categories: Facilities – city buildings and Northgate District; Electric – CSU electric substations and buildings; Water/Wastewater – CSU water and wastewater sites, Parks – neighborhood parks and cemeteries; Finish mowing – street right of ways and medians. He also noted that the 4.7% increase in this renewal was largely due to the addition of a park which was recently completed. 5. Workshop 5.1 Presentation, discussion, and possible action regarding the FY20 Year End Estimate. Mary Ellen Leonard, Director of Fiscal Services, presented the status of the proposed FY20 year- end estimate and the current estimate of the financial impact to the City’s budget related to COVID-19. She also gave a brief overview of the projected revenue impact and some mitigation strategies related to recent economic events. Fy20 General Fund Year End Estimate – COVID-19 Sales Tax Impact Page 7 of 142 WKSHP061120 Minutes Page 3 Mrs. Leonard explained that staff has strategically evaluated the known and projected impacts of COVID-19 on the City’s FY20 Budget. The projected FY20 budget changes that will be part of a future budget amendment will be outlined for Council. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to receive the FY20 Year End Estimate as presented by staff. The motion carried unanimously. 5.2 Presentation, discussion, and possible action regarding the elements of a prospective ordinance regulating short-term rental units in College Station. Brian Piscacek, Assistant to the City Manager, stated that on May 28, 2020, staff presented a revised ordinance which defined STRs into 3 categories and placed restrictions in some zoning districts based on owner-occupancy. The ordinance also provided clarity on bed and breakfast facilities and established more regular life safety inspections. Mr. Piscacek explained that following the discussion, Council requested that staff return with a Workshop presentation to review the elements of a prospective ordinance and work toward the development of a final draft for consideration. Staff recommends Council receive the presentation and provide direction regarding the specific elements to include in a prospective short-term rental ordinance. STR Draft Ordinance Draft Ordinance 1 •Permitting process •Owner/operator/local contact •Guest brochure •Life safety inspection •HOT collection & remittance •No restrictions regarding owner-occupancy Draft Ordinance 2 •Permitting process •Owner/operator/local contact •Guest brochure •Life safety inspection •HOT collection & remittance •Restricted non-owner-occupied STRs in GS, RS, & WRS Decision Points •Owner-occupancy •Verification of “permanent residence” •Grandfathering •STR inspections •Neighbor notification At approximately 7:02 p.m., Mayor Mooney opened Citizens Comments. Hayden Paul, College Station, stated he is here in opposition and feels this is not the time to pass this STR ordinance. He expressed that this ordinance still needs to be vetted by the stakeholders and that if the council does not proceed with caution the ordinance could be challenged in court. Page 8 of 142 WKSHP061120 Minutes Page 4 David Higdon, College Station, expressed his thanks to the City Attorney and the work the Legal Department has done to prepare an ordinance that could be enforced. Mr. Higdon requested that Council move forward with the second draft and stated that CSAN believes is vital to protecting neighborhoods from the introduction of investor owned STRs in our General Suburban (GS), Restricted Suburban (RS) and Wellborn Restricted Suburban (WRS) districts, with an amendment of adding the grandfathering clause. There being no further comments, Citizens Comments was closed at 7:15 p.m. Council directed staff to move forward with drafting an Ordinance No 2 with modifications to: Owner-Occupancy: Restrictions on non-owner occupied STRs in General Suburb, Restricted Suburban, and Wellborn Restricted Suburban Verification of Residence: Require proof of a Homestead Exemption for locations which require owner occupancy Grandfathering: Provide Grandfathering for existing non-owner occupied STRs, but restrict future owners Inspections: Require initial inspections, but allow self-certification thereafter Notification: Make information available through the City website 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). Councilmember Nichols reported on the Census Committee Group. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 8:26 p.m. on Thursday, June 11, 2020. Page 9 of 142 WKSHP061120 Minutes Page 5 ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 10 of 142 RM061120 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JUNE 11, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 8:35 p.m. on Thursday, June 11, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments Shiva Saravanan, College Station, came before Council to present a petition to publicize the College Station Police Department's use-of-force policy. He stated that the “8 Can’t Wait” campaign is an effort that has been started across the country in response to the death of George Floyd, which seeks to promote nationwide use-of-force reform through local actions. Mr. Saravanan stated that with this petition, he hopes was to start a conversation about the possible implementation of any of these policies that the CSPD does not already have. Nicolas Marcri, College Station, stated that the past few months have been uniquely challenging to our national psyche, with the harsh effects of the coronavirus pandemic and the tragic, frustrating, and unjust deaths of George Floyd, Breonna Taylor, and many others. He stated that it is the place of our government to respond to respond to these far-reaching events. Mr. Marcri explained that he and many others were very pleased to see Chief Couch’s online statement against excessive force and in favor of transparency last week. Also he stated that we, the citizens, are so fortunate to have his Page 11 of 142 RM061120 Minutes Page 2 leadership. He urged Chief Couch and the council consider proven policy improvements like the “8 Can’t Wait” police reforms in their commitment to transparency. 3.CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for: May 28, 2020 Workshop Meeting May 28, 2020 Regular Meeting June 1, 2020 Special Meeting 3.2. Presentation, discussion, and possible action on Ordinance No. 2020-4185 canceling the postponed special election runoff for the purpose of electing city council member place 4, for an unexpired term. (Presentación, discusión, y posible acción sobre Ordenanza No. 2020-4185 que ordena la cancelación de la segunda vuelta de las elecciones especiales pospuestas con propósito de elegir a un miembro del Concejo Municipal, Lugar 4, por un término no vencido.) 3.3. Presentation, discussion, and possible action regarding Resolution No. 06-11-20-3.3 approving an advance funding agreement (AFA) in the amount of $1,992,413 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for utility relocations for the FM 2818 widening project and Resolution No. 06-11-20-3.3a Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. 3.4. Presentation, discussion, and possible action to ratify a General Service Contract with Precept Insurance Solutions, LLC for an Online Benefits Administration Platform and to proceed with the second year of the initial two (2) year contract term. The initial contract term began July 12, 2019 and expires July 11, 2021 with an annual expenditure of $70,000 for a total expenditure of $140,000. 3.5. Presentation, discussion, and possible action regarding the first renewal of a general service contract for city-wide mowing and landscape maintenance with Green Teams, Inc. in an amount not to exceed $1,108,394. 3.6. Presentation, discussion, and possible action on renewing the annual price agreement with Techline, Inc. for the purchase of wire and cable which will be maintained in electrical inventory and expended as needed. The total recommended renewal is for an amount not to exceed $712,700. 3.7. Presentation, discussion, and possible action to approve a short-term budget of probable expenditures for the remaining sixty day period between termination notification on May 29, 2020 and contract termination on August 1, 2020 as provided for in Article VI of the Tri-Party Agreement between the City of College Station, City of Bryan and Experience Bryan College Station. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. Page 12 of 142 RM061120 Minutes Page 3 4.REGULAR AGENDA 4.1. Public Hearing, presentation, discussion and possible action regarding Ordinance No. 2020-4186 amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GC General Commercial and O Office to MF Multi-Family, NAP Natural Areas Protected and GC General Commercial on approximately 14 acres of land located at 2325 Harvey Mitchell Parkway South. Treston Rodriguez, Planning and Development, stated that the applicant is requesting to rezone approximately 14 acres of undeveloped land located near the intersection of Texas Avenue and Harvey Mitchell Parkway. Of the 14 acres, approximately 3.7 acres will be zoned MF Multi-Family, 4.8 will be GC General Commercial, and 5.6 will be NAP Natural Areas Protected. If approved, the change in the zoning district boundaries from GC General Commercial and O Office to MF Multi- Family, NAP Natural Areas Protected, and GC General Commercial would bring commercial and residential opportunities to a vacant piece of land which sits at a major intersection in town. The applicant states that they believe adding a mix of uses will make these properties and those surrounding it more marketable. The Planning & Zoning Commission heard this item at their June 4, 2020 Regular meeting where they voted 6-0 to recommend approval. Staff recommends approval of the rezoning. At approximately 8:56 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:56 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4186, amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GC General Commercial and O Office to MF Multi-Family, NAP Natural Areas Protected and GC General Commercial on approximately 14 acres of land located at 2325 Harvey Mitchell Parkway South. The motion carried unanimously. 4.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4187 amending Appendix A, “Unified Development Ordinance,” Section 1.10 “Transitional Provisions,” Section 4.1 “Establishment of Districts,” Section 5.5 “Retired Districts,” Section 7.2.D “Required Yards (Setbacks),” and Section 8.3.H.2 “Platting and Replatting within Older Residential Subdivisions” of the Code of Ordinances of the City of College Station, Texas, regarding the Neighborhood Prevailing Overlay (NPO). Jade Broadnax, Planning and Development, stated that the proposed ordinance amendment establishes the one existing NPO as a retired district. The existing NPO remains intact as created with no changes, and no other NPO rezoning may be requested in the future. City Council approved the Neighborhood Conservation Overlay (NCO) ordinance amendments in March 2020, which removed all references to the Neighborhood Prevailing Overlay (NPO) in an effort to eliminate redundancy. One NPO remains in College Station in the Glenhaven Estates Page 13 of 142 RM061120 Minutes Page 4 Subdivision Phase I Block 12 Lots 1-21 and Phase III Block 13 Lots 1-12, so the purpose of this amendment is to include the NPO language within the UDO as a retired zoning district. The Planning & Zoning Commission heard this item on May 21, 2020 and voted (4-0) to recommend approval of the Neighborhood Prevailing Overlay ordinance amendment. Staff recommends approval. At approximately 9:00 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:00 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4187, amending Appendix A, “Unified Development Ordinance,” Section 1.10 “Transitional Provisions,” Section 4.1 “Establishment of Districts,” Section 5.5 “Retired Districts,” Section 7.2.D “Required Yards (Setbacks),” and Section 8.3.H.2 “Platting and Replatting within Older Residential Subdivisions” of the Code of Ordinances of the City of College Station, Texas, regarding the Neighborhood Prevailing Overlay (NPO). The motion carried unanimously. 4.3 Presentation, discussion, and possible action on Ordinance No. 2020-4188 authorizing the issuance of up to $23,685,000 in principal amount of “City of College Station, Texas Certificates of Obligation, Series 2020”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to the certificates; and enacting other provisions relating to the subject. Regular Item 4.3 and 4.4 were presented together. Mary Ellen Leonard, Director of Finance, stated that Staff reviewed and presented to Council on May 28, 2020, the impact of the Certificates on the City’s ability to meet debt service requirements and the effect they may have on the ad valorem tax rate and on the utility rates. Ms. Marti Shew with Hilltop Securities, Inc., recommended that the City issue Certificates of Obligation for utility projects rather than Utility Revenue Bonds. Ms. Shew explained that this particular issue will provide resources for street, police station construction, information technology, electric, and water improvements; and debt issuance costs. If this ordinance is approved, the City Council will be delegating to the Mayor, the Interim City Manager, and the Assistant City Manager/CFO the authority to effect the sale of the certificates through June 21, 2021. Marci Shew, Hilltop Securities, stated that the aggregate original principal amount of the Bonds shall not exceed $19,300,000. The City also has the opportunity to refund no more than $19,300,000 of its Certificates of Obligation, Series 2010; General Obligation Improvement Bonds, Series 2010 and Certificates of Obligation, Series 2011 in order to achieve savings due to lower interest rates that are currently available. Refunding’s are typically done as negotiated sales rather than our normal bidding process. However, our financial advisor has recommended a competitive sale process this year. Ms. Skew explained that based on current estimates, the refunding will reduce the overall cost of the refunded bonds by at least 7.4814% over the remaining life of the existing bonds. Total net present value savings will be at least $1,394,901. The average annual savings will range between $40,222.50 Page 14 of 142 RM061120 Minutes Page 5 and $152,269.02 per year. The savings will help the City by providing an additional margin that Council may choose to use for projects not currently funded by an identified source. At approximately 9:13 p.m., Mayor Mooney opened for Citizens Comments. Craig Regan, College Station, came before Council regarding concerns of the amount of debt the City of College Station has accrued and that hardship it places on the economy in College Station, which increase taxes. There being no comments, the Citizens Comments was closed at 9:17 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4188, authorizing the issuance of up to $23,685,000 in principal amount of “City of College Station, Texas Certificates of Obligation, Series 2020”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to the certificates; and enacting other provisions relating to the subject. The motion carried unanimously. 4.4 Presentation, discussion, and possible action on Ordinance No. 2020-4189 authorizing the issuance of up to $19,300,000 in principal amount of “City of College Station, Texas General Obligation Refunding Bonds, Series 2020”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and other procedures relating to said bonds; and enacting other provisions relating to the subject. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4189, authorizing the issuance of up to $19,300,000 in principal amount of “City of College Station, Texas General Obligation Refunding Bonds, Series 2020”; delegating the authority to certain City Officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and other procedures relating to said bonds; and enacting other provisions relating to the subject. The motion carried unanimously. 5.Presentation, discussion, and possible action 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. No future agenda items at this time. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 9:21 p.m. on Thursday, June 11, 2020. Page 15 of 142 RM061120 Minutes Page 6 ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 16 of 142 June 25, 2020 Item No. 3.2. Greens Prairie Speed Limit Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, Section 38-1012 by amending the speed limit to 40 mph on a section of Greens Prairie Road between approximately 1,000 feet west of Woodlake Drive to the Royder Road intersection. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approving. Summary: The City is widening Greens Prairie from a two-lane to a four-lane roadway with median/center turn lane. The project will include the reconstruction of the road subgrade, placement of concrete, curb and gutter, utilities, illumination, and multi-use path. With the design of the widened roadway, it was recommended that the speed limit of the roadway should be forty (40) mph instead the current speed limit of forty-five (45). At the completion of the project, the roadway will be signed for 40 mph. There was a lower temporary speed limit in place for the duration of the project. Budget & Financial Summary: n/a Reviewed & Approved by Legal: No Attachments: 1.Project Map 2.Greens Prairie Road Speed Limit Ord Page 17 of 142 ALLEYP1-735G US R O Y R D ROYDERRDKOPPEBRIDGERDFM 2154CHURCH ST GREENSPRAIRIETRGREENSPRAIRIETRGREENSPRAIRIETRFM 2154ALLEY FM 2154FM 2154GREENSPRAIRIERDWI &GNRDI &GNRD0 1,000500Feet NCity of College Station This product is for informational purposes only and has not been prepared for and is not suitable for legal, engineering, construction, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of certain geographic features. No warranty, expressed or implied, is made by the City of College Station as to the accuracy, completeness, suitability, or timeliness of the information contained herein.The City of College Station assumes no responsibility for any private or commercial use, misuse, reliance, or interpretation of the information provided herein, or any loss resulting therefrom. Page 18 of 142 Ordinance Form 8-14-17 ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1012 “TRAFFIC SCHEDULE XII, SPEED LIMITS,” AT GREENS PRAIRIE ROAD OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, 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 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1012 “Traffic Schedule XII, Speed Limits,” 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:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 19 of 142 ORDIANCE NO.____________Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 20 of 142 ORDIANCE NO.____________Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules,” Section 38-1012 “Traffic Schedule XII, Speed Limits,” is hereby amended to read as follows by adding: Greens Prairie Road, the speed limit shall be forty (40) miles per hour for traffic moving east and west from approximately 0.189 miles west of Woodlake Drive to Royder Road intersection. Page 21 of 142 June 25, 2020 Item No. 3.3. Spring Creek Substation Long Lead Time Equipment Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding approval of the purchase of various long lead time major equipment for the proposed Spring Creek Substation totaling $650,914. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the purchases of equipment Summary: The equipment purchased through this bid requires a significant delivery time from the date of purchase and is planned to be installed during the construction of the Spring Creek Substation in 2020. Eight (8) bids were received for this equipment. Bids are being awarded to the lowest responsible bidder as follows: KBS Electric Distribution - $271,275.00: Qty 6- 145kV Potential Transformers Qty 12- Three Pole Air Break Switches Vertical Break Qty 2- Three Pole Air Break Switches Center Break Power-Equip Sales Rep - $341,100.00: Qty 6- 3000 amp 145kV Gas Circuit Breakers WESCO Distribution – $38,539.00: Qty 1- 3000 amp 15kV Distribution Circuit Breaker Budget & Financial Summary: Funds for this purchase are budgeted in the FY20 Electric Capital Improvement Projects Fund. Reviewed & Approved by Legal: No Attachments: 1.20-039 Bid Award For Long Lead Equipment Page 22 of 142 BID#20-039 LONG LEAD EQUIPMENT FOR SPRING CREEK SUBSTATION Line # Description QTY Unit Extended Unit Extended Unit Extended Unit Extended A1 145 kV Potential Transformers 3 -$ -$ 10,495.80$ -$ -$ -$ -$ A1 145 kV Alternate 3 B1 3000 amp 145kV Gas Circuit Breaker SF6 6 56,850.00$ 341,100.00$ 61,398.00$ -$ -$ C1 Three Pole Operated Air Break Switch Vertical Break Switch 12 -$ -$ -$ -$ -$ -$ 13,375.00$ D1 Three Pole Operated Air Break Switch Center Break 2 -$ -$ -$ -$ -$ -$ 10,125.00$ E1 3000 amp 15kV Distribution Circuit Breaker 1 -$ -$ -$ -$ 38,539.00$ 38,539.00$ -$ S Field Service 14 -$ -$ -$ -$ -$ -$ -$ -$ 341,100.00$ -$ 38,539.00$ -$ Line # Description QTY Unit Extended Unit Extended Unit Extended Unit Extended A1 145 kV Potential Transformers (Trench) 3 -$ -$ 12,532.60$ 8,239.00$ 24,717.00$ 9,080.00$ A1 145 kV Alternate 3 8,441.00$ -$ -$ B1 3000 amp 145kV Gas Circuit Breaker SF6 6 -$ -$ 59,440.00$ -$ -$ C1 Three Pole Operated Air Break Switch Vertical Break Switch 12 11,475.00$ 21,711.96$ 18,440.00$ 221,280.00$ -$ -$ D1 Three Pole Operated Air Break Switch Center Break 2 12,975.00$ 13,369.57$ 12,639.00$ 25,278.00$ -$ -$ E1 3000 amp 15kV Distribution Circuit Breaker 1 -$ -$ -$ -$ S Field Service 14 475.00$ -$ -$ -$ -$ -$ -$ 271,275.00$ -$ Total by vendor Total by vendor KBS ELECTRICAL DIST. J.H. Davidson ABB Hitachi T &D MVA POWER/ HITACHI Wesco Distribution Royal Switchgear Manufacturing Co EHV Solutions, LLC. ANIXTER 6/8/20202:20 PM 1 BID 20-039 Page 23 of 142 June 25, 2020 Item No. 3.4. Spring Creek Substation - Purchase and Installation of One Three-Phase Electrical Substation Transformer Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding approval of the purchase of one (1) Three-Phase electric substation transformer for the proposed Spring Creek Substation addition from Virginia Transformer for an amount not to exceed $639,764. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the purchases of transformer. Summary: Six (6) bids were received for Bid 20-038 to purchase one (1) Three-Phase electric substation transformer for the proposed Spring Creek Substation addition. The transformer to be purchased through this bid requires significant delivery time from the date of purchase and is planned to be installed during the construction of the Spring Creek Substation addition in 2020. The bid includes delivery, set-up of the transformer on the foundation, filling with oil, and testing. Staff has completed the evaluation of Bid 20-038 and is recommending the award of this bid to the best qualified bidder with the lowest total cost of ownership, Virginia Transformer, for an amount not to exceed $639,764.00. Budget & Financial Summary: Funds for this purchase are budgeted in the FY20 Electric Capital Improvement Projects Fund. Reviewed & Approved by Legal: No Attachments: 1.McCord Evaluation 2.Contract is available for review in the City Secretary's Office Page 24 of 142 Page 25 of 142 Page 26 of 142 Contract is available for review in the City Secretary’s office. Page 27 of 142 June 25, 2020 Item No. 3.5. Rock Prairie 24” Water Line Repair Change Order No. 1 Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of Ratification Change Order No. 1 in the amount of $19,416 for the Rock Prairie Road 24” Water Line Repair construction contract with Elliott Construction, LLC. Relationship to Strategic Goals: Core services and infrastructure Recommendation(s): Staff recommends approval of this change order Summary: This change order is a ratification which adds work to the construction contract with Elliott Construction, LLC for the emergency repair of a 24” Water Line on Rock Prairie Road near Normand Drive intersection. The work associated with the change order includes providing an additional 12” water line valve and associated concrete repair to keep customers in service in the future if sections of the water system need to be isolated. Budget & Financial Summary: Funding for this initial contract and Change Order No. 1 are available through the Water Fund 91WDISM-5100 Reviewed & Approved by Legal: No Attachments: 1.Rock Prairie 24" Water Line Repair Change Order No. 1 Page 28 of 142 CHANGE ORDER NO. 1 DATE: April 28, 2020 Contract No. 20300285 P.O.# 20202044 PROJECT: ROCK PRAIRIE 24" WATER LINE REPAIR OWNER:CONTRACTOR: City of College Station Elliott Construction, LLC P.O. Box 9960 PO Box 3788 Ph: 979-690-7071 College Station, Texas 77842 Bryan, TX 77805 Fax: 979-690-7152 PURPOSE OF THIS CHANGE ORDER: A. CUT IN 12" VALVE ON NORWAY, DEMO & REPOUR CONCRETE SIDEWALK (5'X14'), BACKFILL WITH STABE SAND B. 12" STORM DRAIN (56') W/ SLOPED END TREATMENT ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 LS CUT IN 12" VALVE ON NORWAY, DEMO & REPOUR CONCRETE SIDEWALK (5'X14'), BACKFILL WITH STABE SAND $13,216.00 0 1 $13,216.00 2 LS 12" STORM DRAIN (56') W/ SLOPED END TREATMENT $6,200.00 0 1 $6,200.00 3 TOTAL $19,416.00 LINE 1 (acct./work order number)19,416.00 LINE 2 (acct./work order number) LINE 3 (acct./work order number) TOTAL CHANGE ORDER 19,416.00 ORIGINAL CONTRACT AMOUNT $86,610.00 CHANGE ORDER NO. 1 $19,416.00 0.224177347 % CHANGE CHANGE ORDER NO. 2 0 % CHANGE REVISED CONTRACT AMOUNT $106,026.00 0.224177347 % TOTAL CHANGE ORIGINAL CONTRACT TIME Days Time Extension No. 1 Days Revised Contract Time 0 Days SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED ______________________________________________________________________________________ Purchasing-Brandi Whittenton Date Department Director-Gary Mechler Date _____________________________________________________________________________________ Construction Contractor - Ben Elliott Date Asst City Mgr - Jeff Kersten Date _____________________________________________________________________________________ Project Manager-Ed Savage Date City Manager-Jeff Capps Date ___________________________________________ Budget Check-Michael D. DeHaven Date THE NET AFFECT OF THIS CHANGE ORDER IS .2241 % INCREASE/DECREASE. Page 29 of 142 June 25, 2020 Item No. 3.6. Annual Purchase Agreement Renewal for Sodium Hypochlorite (Bleach) Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of the first renewal of the City’s annual purchase of sodium hypochlorite, which will be maintained by water services and expended as needed. The total recommended award is $115,847 to DXI Industries. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends award to the lowest responsible bidder meeting the specifications as follows: DXI Industries $115,847.00 Summary: Staff issued an Invitation to Bid, #18-106 in July 2018, for the annual purchase of sodium hypochlorite (bleach) for the disinfection of raw groundwater. Two (2) sealed bids were received and opened Water Services staff evaluated the bids for compliance to the needed specifications. Council approved the initial award on August 9, 2018, Agenda Item 2Q. Staff is recommending a second annual renewal with DXI Industries. Upon Council approval of this renewal, a blanket order will be issued to DXI Industries. The materials will be expensed on an as-needed basis. This is the last of two possible one-year renewal terms. Budget & Financial Summary: Funds are budgeted and available in the Water Fund 90WPMPX- 5108. Reviewed & Approved by Legal: No Attachments: 1.18-106 Bid Tab 2.18300690 R1 Renewal Agreement Page 30 of 142 City of College Station - Purchasing DivisionBid Tabulation for #18-106"Annual Price Agreement for Sodium Hypochlorite"Open Date: Thursday, July 26, 2018 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICETOTAL PRICE UNIT PRICETOTAL PRICEBASE BID1155,000 Gallon12.5% Sodium Hypochlorite$0.88 $136,400.00 $0.75 $115,847.00Brenntag Southwest, Inc. Houston, TXDXI Industries, Inc. Houston, TXBASE BID- TOTALAddendum AcknowledgedN/A N/ABid BondN/A$136,400.00Bid CertificationXXNOTES: Bidder: Univar USA Inc. submitted a No BidN/A$115,847.00Page 1 of 1Page 31 of 142 ----------------------------------------------------- RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew contract no. 18300690 for Annual Price Agreement for Sodium Hypochlorite in accordance with all terms and conditions previously agreed to and accepted for an amount not to exceed One Hundred Fifteen Thousand Eight Hundred Forty-Seven and No/100 Dollars ($115,847.00). I understand this renewal term will be for the period beginning August 10, 2019 through August 10, 2020. This is the first of two possible renewals. DXI INDUSTRIES, INC. CITY OF COLLEGE STATION By: ___________ _ City Manager Date: ______ _ APPROVED: City Attorney Date: ------ Asst. City Manager/CFO Date: ------ Page 32 of 142 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/29/2019 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}. PRODUCER Marsh Wortham, CONTACT Marsh Wortham , a division of Marsh USA, Inc NAME: a division of Marsh USA, Inc PHONE 713-526-3366 I FAX 713-521-1951 PO Box 1388 IAIC "'o Ext\: (AIC Nol: E-MAIL Houston, TX 77251-1388 ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC# www.worthaminsurance.com INSURER A: AIG Soecialtv Insurance Comoanv 26883 INSURrn INSURER B: Zurich American Insurance Company 16535 DXI Industries, Inc. INSURERC : Zurich American Insurance Company of IL 27855 1919 Jacintoi:>ort Blvd . Houston TX 77015 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 48393528 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COND ITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE A FFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE l"'"D I .. nm POLICY NUMBER !MM/DD/YYYYl IMM/DD/YYYYl A d._ COMMERCIAL GENERAL LIABILITY EG 14260719-01 5/1/2019 5/1/2020 EACH OCCURRENCE $1 000 000 ...___ w CLAI MS-MADE D OCCUR ~~~~~U?E~~~~~?ence l $300 000 ~ Retro Date 5/15/1986 MED EXP (An y one person) $25,000 ~ PERSONAL & AD V INJURY $1 000 ,000 GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $2 ,000,000 Fl D PRO-D LOC PRODUCTS -COMP/OP AGG $2 000,000 POLICY JECT OTHER : $ B AUTOMOBILE LIABILITY BAP 0281372-02 5/1 /2019 5/1/2020 COMB INED SINGLE LIMIT $1,000 ,000 lEa a ccidentl ...___ J_ ANY AUTO BODILY INJU RY (Per person) $ ~ OWNED SCHEDULED BODILY INJURY (Per accident) $ ...___ AUTOS ONLY ~ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ~ AUTOS ONLY ~ AUTOS ONLY (Per accidenf) $ A UMBRELLA LIAB H OCCUR EGU 14260720-01 5/1/2019 5/1/2020 EACH OCCURRENCE $ 5 ,000,000 ...___ Follow Form ,/ EXCESS LIAB CLA IMS -MADE AGGREGATE $5 000 000 PED I ,/ I RETENTION $10,000 $ c WORKERS COMPENSATION WC 0281374-02 5/1/2019 5/1/2020 I PER I I OTH-,( STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUT IVE ~ E.L. EACH ACC IDENT $1 ,000 ,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1 (\(\(\ (\(\(\ If yes , describe under E.L. DISE ASE -POLICY LIMIT $1 000 000 DESCR IPTI ON OF OPERAT IO NS be low DESCRIPTION OF OPERATIONS I LOCATIONS /VEH ICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Ci~ of Colleie Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11 1 Texas venue ACCORDANCE WITH THE POLICY PROVISIONS. College Station TX 77842 AUTHORIZED REPRESENTATIVE ~ I Marsh Wortham, a division of Marsh USA, Inc. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 4B39352B I lODXHOLDIN I 19-20 GL-Auto-WC-Umbr -Poll* j David Ro)a s I 4/29/2019 3 :38 :06 PM (CDT) J Page 1 of 1 1 Page 33 of 142 DX! Industries, Inc. Coverage Extension Endorsement -Liability Only ZURICH Policy No . Eff. Date of Pol. Exp . Date of Pol. Eff. Date of End . Producer No . Add '!. Prem Return Prem . BAP 0281372-02 5/1/2019 5/1/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement mod ifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liabil ity Coverage: The following are also "insureds": ® a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own , hire or borrow for acts performed within the scope of employment by you . Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your pe rmission , while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own , hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law , any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you , provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis . However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form . B. Amendment -Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II -Covered Autos Liability Coverage are replaced by the following: (2) Up to $5 ,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds . (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-428-A CW (02-14) Page 1 of 3 Page 34 of 142 C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II -Covered Autos Liability Coverage does not apply. D . Driver Safety Program Liability Coverage The following is added to the Racing Exclusion in Section II -Covered Autos Liability Coverage : This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to , auto or truck rodeos and other auto or truck agility demonstrations . E. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses . If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us , your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. F . Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. G . Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. H . Hired Auto -World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less , I. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following : "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease . U-CA-428 -A CW (02-14) Page 2 of 3 Page 35 of 142 J. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II -Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. All other terms, conditions , provisions and exclusions of this policy remain the same. U-CA-428-A CW (02-14) Page 3 of 3 Page 36 of 142 DXI Industries, Inc. POLICY NUMBER: BAP 0281372-02 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by th e endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring . Premium: $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization . CA 04 4410 13 ©Insurance Services Office, Inc., 2011 48393528 I lODXHOLDIN I 19-20 GL-Auto-WC-Umbr-Poll* I David Rojas I 4/29/2019 3 o3B o06 PM (CDT ) I Page 5 of 11 Page 1of1 Page 37 of 142 Notification to Others of Cancellation '':· ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 028 1372 -02 5/1/20 19 5/1/2020 5/1/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium , we will mail or deliver a copy of such written notice of cancel lat ion: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days pr ior to the effective date of the cancellation , as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below . B. If we cancel this Coverage Part by written notice to the first Named In s ured for nonpayment of premium , we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organ ization shown in the Schedule below at least 10 days prior to the effective date of such cancellation . C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) I Organization(s): Blan ket Where Renuired Bv Writte n Contract All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 4B39352B I lODXHOLDIN I 19-20 GL -Auto -WC-Umbr -Poll* I David Rojas I 4/29/2019 3 '3B' 06 PM (CDT) I Page 6 of 11 Number of Days Notice: 30 U-CA-812-A CW (05/ 10) Page 1of1 Page 38 of 142 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule . Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION 5/1/2019 DXI Industries, Inc. WC 00 03 13 (Ed. 4-84) © 1983 National Council on Compensation Insurance. WC 0281374-02 48393529 I l ODXHOLDIN I 19 -2 0 GL -Auto -WC -Umbr -Poll* I David Roj as I 4/29 /20 19 3 ,39,06 PM (C DT) I Page 7 of 11 Page 39 of 142 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY NOTIFICATION TO OTHERS OF CANCELLATION ENDORSEMENT This endorsement is used to add the fol lowing to Part Six of the policy. PART SIX CONDITIONS WC 9906 33 A. If we cancel this policy by written notice to you for any reason other than nonpayment of premi u m, we wil l mail or deliver a copy of such written noti ce of c ancel lation t o t he name and address correspo nding t o eac h person or organ ization shown in the Sc hedu le be low. Notification to such person or organization will be provided at least 10 days pri o r 'to th e eff ect ive date of the cancellation, as advised in our notice to you , or the longer number of days notice if indicated in the Schedule below. 8. If we cancel th is policy by written noti ce to you for nonpayment of premium , we will mail or deliver a copy of such written notice of cancellation t o the name and address corresponding t o each person or organization shown in the Schedule below at least 10 days pr ior to the effective date of such cancellation. C. If notice as described in Paragraph s A. or B. of th is endorsement is mailed, proof of maili ng will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) I Organization(s): Number of Days Notice: Bl anket Whe re Requ ired By Written Contract 30 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attac hed and is effective on the date issued unless otherwise stated. (The infonnation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/1/2019 Insured DXI Industries , Inc. Policy No. WC 0281374-02 Insurance Company Zuri ch Am eric an Insurance Compan y of IL Endorsement No . Prem ium$ WC 9906 33 (Ed. 05-10) Includes copyrighted ma terial of National Council on Compensation Insurance, Inc. with its permiss ion. Page 1 of 1 4B393S2B I lODXHOLDIN I 19-2 0 GL -Auto -WC -Umbr -Poll• I David Roj as I 4/29/2019 3,3g,ob PM ICDTJ I Page 9 of 11 Page 40 of 142 This endorsement, effective 5/1/2019 Forms a part of Policy No: EG 14260719-01 Issued to: DXI Industries. Inc. By: AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. COVERAGES A, BAND E ADDITIONAL INSURED -DESIGNATED PERSON(S) OR ORGANIZATION(S) ENDORSEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM Solely as respects Coverages A, Band E, SECTION II -WHO IS AN INSURED is amended to include as an insured the person(s) or organization(s) shown in the Schedule below, but only with respect to bodily injury, property damage, personal and advertising injury, environmental damage or emergency response costs caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your work; or B. In connection with your premises owned by or rented to you. SCHEDULE Name of Additional Insured Person(s) or Organization(s): Bl anket as required by written contract or written agreement Trinity River Authority of Texas Central Region Waste Water Systems City of Lubbock City of Roseville City of Orlando City of Escondido Hoyer-Odfjell Thermal Sewer Bulk Transportation, Inc. Union Pacific Railroad Company Penske Truck Rental City of Grand Prairie, 326 W . Main Street, Grand Prairie, TX 75050 Ph: 972-237-8271 City of Cedar Rapids, Purchasing Services Department, 101 lst Street SE, Cedar Rapids, IA 52401 All other t erms, conditions, and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE (or countersignature (in states where applicable) MANUSCRIPT PAGE 1 of1 48393528 I 10DXH6 LD IN I 1~-20 ClL -Aut o -WC -Umbr -Poll' I David Rojas I 4 /29/2019 3 '3B' 05 PM (CDT) I P~g~ 9 ot 11 Page 41 of 142 This endorsement, effective 5/1/2019 Forms a part of Policy No: EG 14260719-01 Issued to: DXI Industries , Inc. By: AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US ENDORSEMENT This endorsement modifies insurance provided under the following : It is hereby agreed as follows : COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM SECTION IV -CONDITIONS, Paragraph 7. Transfer of Rights of Recovery Against Others to Us -Applicable to Coverages A, B, C and Eis amended by the addition of the following at the end of such subparagraph : We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make under Coverage A, B, C and E for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard . This waiver applies only to the person or organization shown in the Schedule below. SCHEDULE Name of Person or Organization: Blanket where required by written contract or agreement The Las Vegas Valley Water District, it's members and affiliated companies, successors and assigns, including their directors, officers and employees individually and collectively within the scope of their employment All other terms, conditions, and exclusions shall remain the same. 94283 (3/07) Cl3021 AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) PAGE 1OF1 48393528 I l ODXHOLDIN I 1 9-20 GL-Auto-WC-Umbr-Poll* I Dav id Rojas I 4/29/2019 3,30,06 PM (CDT) I Page 10 of 11 Page 42 of 142 This endorsement, effective 5/1/2019 Forms a part of Policy No: EG 14260719-0 1 Issued to: DXI Industri es, Inc. By: AIG Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY AND POLLUTION LEGAL LIABILITY COVERAGE FORM It is hereby agreed that the following is added to SECTION IV -CONDITIONS: In the event that we cancel this Policy for any reason other than non-payment of premium , and l. the cancellation effective date is prior to this Policy 's expiration date ; 2 . you are under an existing contractual obligation to notify a certificate holder when this Policy is canceled (hereinafter, the "Certificate Holder(s)") and have provided to us, either directly or through your broker of record , the email address of a contact at each such entity ; and 3. we received this information after you received notice of cancellation of this Policy and prior to this Policy 's cancellation effective date, via an electronic spreadsheet that is acceptable to us , we will provide advice of cancellation (the "Advice") via e-mail to each such Certificate Holders within 30 days after you provide such information to us . Proof of our emailing the Advice , using the information provided by you , will serve as proof that we have full y satisfied our obligations under this Endorsement. This Endorsement does not affect, in any way , coverage provided under this Policy or the cancellation of this Policy or the effective date thereof, nor shall this Endorsement invest any rights in any entity not insured under this Policy. All other terms , conditions , and exclusions shall remain the same . 109821 (9 /11) CI5040 AUTHORIZED REPRESENTATIVE (or countersignature (in states where applicable) PAGE 1OF1 48393528 I lODXHOLDIN I 19-20 GL -Auto-WC-Umbr-Poll* I David Ro j as I 4/29/20 1 9 3,39 ,06 PM (CDT) I Page 11 of 11 Page 43 of 142 June 25, 2020 Item No. 3.7. Luther St. Rehab Design Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with Kimley Horn & Associates in the amount of $288,700 for the Design of Luther Street Rehab (Marion Pugh to Penberthy) and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approving and recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary: This project includes the reconstruction of Luther Street from Marion Pugh to Penberthy. The construction will include a 2 lane major collector concrete roadway section with storm sewer and sidewalks and waterline infrastructure rehabilitation. Budget & Financial Summary: A combined budget in the amount of $401,000 is currently appropriated in the Streets and Water Capital Improvement Project Funds, with a combined total of $2,484 expended or committed to date, leaving a remaining balance of $398,516 for this contract and related expenses. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this project because the long term debt projected to be issued for this project has not yet been issued. The debt for the project is scheduled to be issued later this fiscal year. Reviewed & Approved by Legal: No Attachments: 1.Prof Serv AE with Construction FORM 2.Prof Serv AE with Construction EXHIBITS 3.Project Map 4.Luther Street Rehab DRR Page 44 of 142 Contract No.__________ A&E Professional Services with Construction Page 1 Form 05-01-19 CITY OF COLLEGE STATION ARCHITECTS & ENGINEERING PROFESSIONAL SERVICES CONTRACT WITH CONSTRUCTION This Contract is between the City of College Station, a Texas home-rule municipal corporation, (the “City”) and ____________________________________________, a___________________ corporation (the “Consultant”), whereby the Consultant agrees to provide the City with certain professional services as described herein and the City agrees to pay the Consultant for those services. ARTICLE I SCOPE OF SERVICES 1.01 In consideration of the compensation stated in paragraph 2.01 below, the Consultant agrees to provide the City with the professional services as described in Exhibit “A”, the Scope of Services, which is incorporated herein by reference for all purposes, and which services may be more generally described as follows (the “Project”): ARTICLE II PAYMENT 2.01 In consideration of the Consultant’s provision of the professional services in compliance with all terms and conditions of this Contract, the City shall pay the Consultant according to the terms set forth in Exhibit “B”. Except in the event of a duly authorized change order, approved by the City as provided in this Contract, the total cost of all professional services provided under this Contract may not exceed ______________________________________________________ and ____/100 Dollars ($_____________). ARTICLE III TIME OF PERFORMANCE AND CONSTRUCTION COST 3.01 The Consultant shall perform all professional services necessary for the complete design and construction documentation of the Project within the times set forth below and in Section 3.02. Consultant expressly agrees that such times are as expeditious as is prudent considering the ordinary professional skill and care of a competent engineer or architect. Furthermore, the Consultant shall perform with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. (a) Conceptual Design: _____ calendar days after the authorization to commence planning. (b) Preliminary Design: _____ calendar days after authorization to commence PPD. Page 45 of 142 Contract No.__________ A&E Professional Services with Construction Page 2 Form 05-01-19 (c) Final Design: _____ calendar days after authorization to commence final design. 3.02 All design work and other professional services provided under this Contract must be completed by the following date: _______________________________. 3.03 Time is of the essence of this Contract. The Consultant shall be prepared to provide the professional services in the most expedient and efficient manner possible and with adequate resources and manpower in order to complete the work by the times specified. Promptly after the execution of this Contract, the Consultant shall prepare and submit for the City to approve in writing, a detailed schedule for the performance of the Consultant’s services to meet the City’s project milestone dates, which are included in this Contract. The Consultant’s schedule shall include allowances for periods of time required for the City’s review and for approval of submissions by authorities having jurisdiction over the Project. The time limits established by this schedule over which Consultant has control shall not be exceeded without written approval from the City. In the event that a deadline provided in this Contract is not met by the Consultant, Consultant shall provide the City with a written narrative setting forth in a reasonable degree of detail a plan of recovery to overcome or mitigate the delay which may include (i) employing additional people, or (ii) accelerating the work by working longer hours on any portion of the Project that is deemed by the City to be behind schedule (“Recovery Plan”). With the City’s approval, Consultant shall execute the Recovery Plan at no additional cost to the City. 3.04 The Consultant’s services consist of all of the services required to be performed by Consultant, Consultant’s employees and Consultant’s sub-consultants under the terms of this Contract. Such services include normal civil, structural, mechanical and electrical engineering services, plumbing, food service, acoustical and landscape services, and any other design services that are normally or customarily furnished and reasonably necessary for the Project. The Consultant shall contract and employ at its expense sub-consultants necessary for the design of the Project, and such sub-consultants shall be licensed as required by the State of Texas and approved in writing by the City. 3.05 The Consultant shall designate a principal of the firm reasonably satisfactory to the City who shall, for so long as acceptable to the City, be in charge of Consultant’s services to be performed hereunder through to completion, and who shall be available for general consultation throughout the Project. Any replacement of that principal shall be approved in writing (which shall not be unreasonably withheld) by the City, prior to replacement. 3.06 Consultant shall be responsible for the coordination of its services with those of its subconsultants, the City, and the City’s consultants, including the coordination of all drawings and design documents relating to Consultant’s design and used on the Project, regardless of whether such drawings and documents are prepared by Consultant. Consultant shall be responsible for the completeness and accuracy of all drawings and specifications submitted by or through Consultant and for its compliance with all applicable codes, ordinances, regulations, laws and statutes. Upon receipt from the City, the Consultant shall review the services and information furnished by the City and the City’s consultants for accuracy and completeness. The Consultant shall provide prompt written notice to the City if the Consultant becomes aware of any error, omission or Page 46 of 142 Contract No.__________ A&E Professional Services with Construction Page 3 Form 05-01-19 inconsistency in such services or information. Once notice has been provided to the City, the Consultant shall not proceed without written instruction from the City to do so. 3.07 Consultant’s evaluations of the City’s project budget and the preliminary estimates of construction cost and detailed estimates of construction cost, represent the Consultant’s best judgment as a design professional familiar with the construction industry. 3.08 The construction budget for this Project, which is established as a condition of this Contract is $____________________. This construction budget shall not be exceeded unless the amount is changed in writing by the City. ARTICLE IV CONCEPTUAL DESIGN 4.01 Upon the Consultant’s receipt from the City of a letter of authorization to commence planning, the Consultant shall meet with the City for the purpose of determining the nature of the Project. The Consultant shall inquire in writing as to the information it believes the City may have in its possession that is necessary for the Consultant's performance. The City shall provide the information within its possession that it can make available to the Consultant. The City shall designate a representative to act as the contact person on behalf of the City. 4.02 The Consultant shall determine the City's needs with regard to the Project, including, but not limited to, tests, analyses, reports, site evaluations, needs surveys, comparisons with other municipal projects, review of budgetary constraints and other preliminary investigations necessary for the Project. Consultant shall verify the observable existing conditions of the Project and verify any existing as-built drawings. Consultant shall confirm that the Project can be designed and constructed within the time limits outlined in this Contract. Consultant shall prepare a detailed design phase schedule which includes all review and approval periods during the schematic design, design development and construction document phases. Consultant shall confirm that the Project can be designed and constructed for the dollar amount of the Project budget, if applicable. 4.03 The Consultant shall prepare a Conceptual Design that shall include schematic layouts, surveys, sketches and exhibits demonstrating the considerations involved in the Project. The Consultant shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the City’s Program, the Project Schedule and budget. The Consultant shall reach an understanding with the City regarding the requirements of the Project. The Conceptual Design shall contemplate compliance with all applicable laws, statutes, ordinances, codes and regulations. Upon the City's request, the Consultant shall meet with City staff and the City Council to make a presentation of its report. Page 47 of 142 Contract No.__________ A&E Professional Services with Construction Page 4 Form 05-01-19 ARTICLE V PRELIMINARY DESIGN 5.01 The City shall direct the Consultant to commence work on the Preliminary Design by sending to the Consultant a letter of authorization to begin work on the Preliminary Design pursuant to this Contract. Upon receipt of the letter of authorization to commence Preliminary Design, the Consultant shall meet with the City for the purpose of determining the extent of any revisions to the Conceptual Design. 5.02 The Consultant shall prepare the Preliminary Design of the Project, including, but not limited to, the preliminary drawings and specifications and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. The Consultant shall submit to the City a detailed estimate of the construction costs of the Project, based on current area, volume, or other unit costs. This estimate shall also indicate both the cost of each category of work involved in constructing the Project and the time required for construction of the Project from commencement to final completion. 5.03 Upon completion of the Preliminary Design of the Project, the Consultant shall so notify the City. Upon request the Consultant shall meet with the City staff and City Council to make a presentation of its Preliminary Design of the Project. The Consultant shall provide an explanation of the Preliminary Design, including any material changes and deviations that have taken place from the Conceptual Design, a cost estimate, and shall verify that, to the best of Consultant’s belief, the Project requirements and construction can be completed within the Project budget and schedule. ARTICLE VI FINAL DESIGN 6.01 The City shall direct the Consultant to commence work on the Final Design of the Project by sending to the Consultant a letter of authorization to begin work on the Final Design phase of the Project. Upon receipt of the Letter of Authorization to proceed with Final Design of the Project, the Consultant shall immediately prepare the Final Design, including, but not limited to, the bid documents, contract, drawings, and specifications, to fix and describe the size and character of the Project as to structural, mechanical, and electrical systems, materials, and such other elements as may be appropriate. The Final Design of the Project shall comply with all applicable laws, statutes, ordinances, codes and regulations. 6.02 Notwithstanding the City’s approval of the Final Design, the Consultant warrants that the Final Design will be sufficient and adequate to fulfill the purposes of the Project. 6.03 The Consultant shall prepare and separately seal the special provisions, the technical specifications, and bid proposal form(s) in conformance with the City’s current pre-approved, “Standard Form of Construction Agreement” for the construction contract between the City and the construction contractor. The Consultant hereby agrees that no changes, modifications, Page 48 of 142 Contract No.__________ A&E Professional Services with Construction Page 5 Form 05-01-19 supplementations, alterations, or deletions will be made to the City’s standard form without the prior written approval of the City. 6.04 The Consultant shall provide the City with complete contract documents sufficient to be advertised for bids by the City. The contract documents shall include the design and specifications and other changes that are required to fulfill the purpose of the Project. Upon completion of the Final Design of the Project, with the submission of the complete contract documents, and upon request of the City, the Consultant shall meet with City staff and the City Council to present the Final Design of the Project. The Consultant shall provide an explanation of the Final Design, including identification of all material changes and deviations that have taken place from the Preliminary Design Documents and a cost estimate. The Consultant shall verify that, to the best of Consultant’s belief, the Project requirements and construction can be completed within the Project budget and schedule. ARTICLE VII BID PREPARATIONS & EVALUATION 7.01 The Consultant shall assist the City in advertising for and obtaining bids or negotiating proposals for the construction of the Project. Upon request, the Consultant shall meet with City staff and the City Council to present, and make recommendations on, the bids submitted for the construction of the Project. 7.02 The Consultant shall review the construction contractors' bids, including subcontractors, suppliers, and other persons required for completion of the Project. The Consultant shall evaluate each bid and provide these evaluations to the City along with a recommendation on each bid. If the lowest bid for the construction of the Project exceeds the final cost estimate set forth in the Final Design of the Project, then the Consultant, at its sole cost and expense, shall revise the construction documents so that the total construction costs of the Project will not exceed the final cost estimate contained in the Final Design of the Project. 7.03 Where substitutions are requested by a construction contractor, the Consultant shall review the substitution requested and shall recommend approval or disapproval of such substitutions. ARTICLE VIII CONSTRUCTION 8.01 The Consultant shall be a representative of, and shall advise and consult with, the City (1) during construction, and (2) at the City's direction from time to time during the correction, or warranty, period described in the construction contract. The Consultant shall have authority to act on behalf of the City only to the extent provided in this Contract unless modified by written instrument. 8.02 The Consultant shall make visits to the site, to inspect the progress and quality of the executed work of the construction contractor and its subcontractors and to determine if such work is proceeding in accordance with the contract documents. The minimum number of site visits and their frequency shall be established by the City and Consultant prior to commencement of Page 49 of 142 Contract No.__________ A&E Professional Services with Construction Page 6 Form 05-01-19 construction. Consultant shall periodically review the as-built drawings for accuracy and completeness, and shall report its findings to the City. 8.03 The Consultant shall keep the City informed of the progress and quality of the work. The Consultant shall employ the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license in discovering and promptly reporting to the City any defects or deficiencies in such work and shall disapprove or reject any work failing to conform to the contract documents. 8.04 The Consultant shall review and approve shop drawings and samples, the results of tests and inspections, and other data that each construction contractor or subcontractor is required to provide. The Consultant's review and approval shall include a determination of whether the work complies with all applicable laws, statutes, ordinances and codes and a determination of whether the work, when completed, will be in compliance with the requirements of the contract documents. 8.05 The Consultant shall determine the acceptability of substitute materials and equipment that may be proposed by construction contractors or subcontractors. The Consultant shall also receive and review maintenance and operating instruction manuals, schedules, guarantees, and certificates of inspection, which are to be assembled by the construction contractor in accordance with the contract documents. 8.06 The Consultant shall issue all instructions of the City to the construction contractor as well as interpretations and clarifications of the contract documents pertaining to the performance of the work. Consultant shall interpret the contract documents and judge the performance thereunder by the contractor constructing the Project, and Consultant shall, within a reasonable time, render such interpretations and clarifications as it may deem necessary for the proper execution and progress of the work. Consultant shall receive no additional compensation for providing clarification of the drawings and specifications. 8.07 The Consultant shall review the amounts owing to the construction contractor and recommend to the City, in writing, payments to the construction contractor of such amounts. The Consultant's recommendation of payment, being based upon the Consultant's on-site inspections and its experience and qualifications as a design professional, shall constitute a recommendation by the Consultant to the City that the quality of such work is in accordance with the contract documents and that the work has progressed to the point reflected in Consultant’s recommendation for payment. 8.08 Upon notification from the construction contractor that the Project is substantially complete, the Consultant shall conduct an inspection of the site to determine if the Project is substantially complete. The Consultant shall prepare a checklist of items that shall be completed prior to final acceptance. Upon notification by the construction contractor that the checklist items designated by the Consultant for completion have been completed, the Consultant shall inspect the Project to verify final completion. Page 50 of 142 Contract No.__________ A&E Professional Services with Construction Page 7 Form 05-01-19 8.09 The Consultant shall not be responsible for the work of the construction contractor or any of its subcontractors, except that the Consultant shall be responsible for the construction contractor's schedules or failure to carry out the work in accordance with the contract documents if such failures result from the Consultant's negligent acts or omissions. This provision shall not alter the Consultant's duties to the City arising from the performance of the Consultant's obligations under this Contract. 8.10 The Consultant shall conduct at least one on-site inspection during the warranty period and shall report to the City as to the continued acceptability of the work. 8.11 The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project without an advance, written authorization from the City. 8.12 The Consultant shall perform all of its duties under this Article VIII so as to not cause any delay in the progress of construction of the Project. 8.13 The Consultant shall assist the construction contractor and City in obtaining a Certificate of Occupancy by accompanying governing officials during inspections of the Project if requested to do so by the City. ARTICLE IX CHANGE ORDERS, DOCUMENTS & MATERIALS 9.01 No changes shall be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid except upon the prior written order from authorized personnel of the City. The Consultant shall not execute change orders on behalf of the City or otherwise alter the financial scope of the Project. 9.02 When the original contract amount plus all change orders is $100,000 or less, the City Manager or his delegate may approve the written change order provided the change order does not increase the total amount set forth in the contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council must approve such change order prior to commencement of the services. 9.03 When the original contract amount plus all change orders is equal to or greater than $100,000, the City Manager or his delegate may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract, the City Council must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council. 9.04 Any request by the Consultant for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such services or the right to payment for such Page 51 of 142 Contract No.__________ A&E Professional Services with Construction Page 8 Form 05-01-19 additional services shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Consultant agrees to continue providing on a timely basis all services to be provided by the Consultant hereunder, including any service as to which there is a dispute. 9.05 The Consultant shall furnish the City______________ (_____) sets of plans and specifications. It is hereby agreed that additional copies shall be provided to the City at the City's expense. The Consultant shall provide the City ______________ (_____) sets of reproducible, mylar record drawings that clearly show all the changes made during the construction process, based upon the marked-up prints, drawings, and other data furnished by the construction contractor to the Consultant. The Consultant shall provide copies of Work Product including documents, computer files if available, surveys, notes, and tracings used or prepared by the Consultant. The foregoing documentation, the Consultant's Work Product, and other information in the Consultant’s possession concerning the Project shall be the property of the City from the time of preparation. The Consultant shall furnish one set of digital files representing the final record drawings. ARTICLE X WARRANTY, INDEMNIFICATION & RELEASE 10.01 As an experienced and qualified design professional, the Consultant warrants that the information provided by the Consultant reflects the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. The Consultant warrants that the design preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, and the performance of all other services under this Contract are performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license. Approval of the City shall not constitute, or be deemed, a release of the responsibility and liability of the Consultant, its employees, agents, or associates for the exercise of skill and diligence to promote the accuracy and competency of their Work Product or any other document, nor shall the City's approval be deemed to be the assumption of responsibility by the City for any defect or error in the aforesaid documents prepared by the Consultant, its employees, associates, agents, or subcontractors. 10.02 The Consultant shall promptly correct any defective Work Product, including designs or specifications, furnished by the Consultant at no cost to the City. The City's approval, acceptance, use of, or payment for, all or any part of the Consultant's services hereunder or of the Project itself shall in no way alter the Consultant's obligations or the City's rights hereunder. 10.03 In all activities or services performed hereunder, the Consultant is an independent contractor and not an agent or employee of the City. The Consultant and its employees are not the agents, servants, or employees of the City. As an independent contractor, the Consultant shall be responsible for the professional services and the final Work Product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, Page 52 of 142 Contract No.__________ A&E Professional Services with Construction Page 9 Form 05-01-19 equipment, and labor required for the professional services to be provided under this Contract. The Consultant shall have ultimate control over the execution of the services it is to provide under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees or subcontractors, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant’s subcontractors. 10.04 The Consultant must at all times exercise reasonable precautions on behalf of, and be solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other persons, as well as its personal property, while in the vicinity of the Project or any of the work being done on or for the Project. It is expressly understood and agreed that the City shall not be liable or responsible for the negligence of the Consultant, its officers, employees, agents, subcontractors, invitees, licensees, and other persons. 10.05 Indemnity. (a) To the fullest extent permitted by law, Consultant agrees to indemnify and hold harmless the City, its Council members, officials, officers, agents, employees, and volunteers (separately and collectively referred to in this paragraph as “Indemnitee”) from and against all claims, damages losses and expenses (including but not limited to attorney’s fees) arising out of or resulting from any negligent act, error or omission, intentional tort or willful misconduct, intellectual property infringement or including failure to pay a subconsultant, subcontractor, or supplier pursuant to this Contract by Consultant, its employees, subcontractors, subconsultants, or others for whom Consultant may be legally liable (“Consultant Parties”), but only to the extent caused in whole or in part by the Consultant Parties. IF THE CLAIMS, ETC. ARE CAUSED IN PART BY CONSULTANT PARTIES, AND ALSO IN PART BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY OR ALL OF THE INDEMNITEES OR ANY OTHER THIRD PARTY, THEN CONSULTANT SHALL ONLY INDEMNIFY ON A COMPARATIVE BASIS, AND ONLY FOR THE AMOUNT FOR WHICH CONSULTANT PARTIES ARE FOUND LIABLE AND NOT FOR ANY AMOUNT FOR WHICH ANY OR ALL INDEMNITEES OR OTHER THIRD PARTIES ARE LIABLE. (b) To the fullest extent permitted by law, Consultant agrees to defend the Indemnitees where the indemnifiable acts listed in section 10.05.1 above occur outside the course of performance of professional services (i.e. non- professional services) and the claim is not based wholly or partly on the negligence of, fault of, or breach of contract by the governmental agency, the agency’s agent, employee, or other entity over which the governmental agency exercises control, other than the Consultant or Consultant Parties. (c) Consultant shall procure liability insurance covering its obligations under this section. Page 53 of 142 Contract No.__________ A&E Professional Services with Construction Page 10 Form 05-01-19 (d) It is mutually understood and agreed that the indemnification provided for in this section 10.05 shall indefinitely survive any expiration, completion or termination of this Contract. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 10.06 Release. The Consultant releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, employees, and volunteers from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 10.07 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification, release or other obligations under Paragraphs 10.05 and 10.06, such legal limitations are made a part of the oblig ations and shall operate to amend same to the minimum extent necessary to bring the provision(s) into conformity with the requirements of such limitations, and as so modified, the obligations set forth therein shall continue in full force and effect. ARTICLE XI INSURANCE 11.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on below. During the term of this Contract Consultant’s insurance policies shall meet the minimum requirements of this section: 11.02 Types. Consultant shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Workers’ Compensation/Employer’s Liability. Page 54 of 142 Contract No.__________ A&E Professional Services with Construction Page 11 Form 05-01-19 (d) Professional Liability. 11.03 Certificates of Insurance. For each of these policies, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officials, agents, employees and volunteers. Any self-insurance or insurance policies maintained by the City, its officials, agents, employees and volunteers, shall be considered in excess of the Consultant’s insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and endorsements shall be furnished to the City's Representative at the time of execution of this Contract, attached hereto as Exhibit C, and approved by the City before any letter of authorization to commence planning will issue or any work on the Project commences. 11.04 General Requirements Applicable to All Policies. The following General Requirements to all policies shall apply: (a) Only licensed insurance carriers authorized to do business in the State of Texas will be accepted. (b) Deductibles shall be listed on the Certificate of Insurance. (c) “Claims made” policies will not be accepted, except for Professional Liability insurance. (d) Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits of liability except after thirty (30) calendar days prior written notice has been given to the City of College Station. (e) The Certificates of Insurance shall be prepared and executed by the insurance carrier or its authorized agent on the most current State of Texas Department of Insurance-approved forms. 11.05 Commercial (General) Liability Requirements. The following Commercial (General) Liability requirements shall apply: (a) Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current A. M. Best Key Rating Guide. (b) Minimum Limit of $1,000,000 per occurrence for bodily injury and property damage with a $2,000,000 annual aggregate. (c) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. (d) The coverage shall not exclude premises/operations; independent contracts, products/completed operations, contractual liability (insuring the indemnity provided herein), and where exposures exist, Explosion Collapse and Underground coverage. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 11.06 Business Automobile Liability Requirements. The following Business Automobile Liability requirements shall apply: Page 55 of 142 Contract No.__________ A&E Professional Services with Construction Page 12 Form 05-01-19 (a) Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current. A. M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. (e) The City shall be included as an additional insured and the policy shall be endorsed to waive subrogation and to be primary and non-contributory. 11.07 Workers’ Compensation/Employers Liability Insurance Requirements. The following Workers’ Compensation Insurance requirements shall apply; and the term “contractor” shall be construed to mean “consultant” as identified in this Contract: (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Consultant, the Consultant, 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 Consultant’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, Consultants and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. (b) The workers’ compensation/Employer’s Liability insurance shall include the following terms: i. Employer's Liability limits of $1,000,000 for each accident is required. ii. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy. iii. Texas must appear in Item 3A of the Worker's 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, this Contract, the bid specifications, this Contract, and all subcontracts on this Project must include the terms and conditions set forth below, 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: i. Definitions: Page 56 of 142 Contract No.__________ A&E Professional Services with Construction Page 13 Form 05-01-19 Certificate of coverage ("certificate") - A copy of a 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. ii. 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. iii. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. iv. 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. v. 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 Page 57 of 142 Contract No.__________ A&E Professional Services with Construction Page 14 Form 05-01-19 during the duration of the project. vi. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. vii. 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. viii. 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. ix. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the Contractor: A. a certificate of coverage, prior to the other person beginning work on the project; and B. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the Page 58 of 142 Contract No.__________ A&E Professional Services with Construction Page 15 Form 05-01-19 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. x. 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. xi. 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.” 11.01 Professional Liability Requirements. The following Professional Liability requirements shall apply: (a) Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the current A.M. Best Key Rating Guide. (b) Minimum of $1,000,000 per claim and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City of College Station when requested. (c) Consultant must continuously maintain professional liability insurance with prior acts coverage for a minimum of two years after completion of the Project or termination of this Contract, as may be amended, whichever occurs later. Coverage under any renewal policy form shall include a retroactive date that p recedes the earlier of the effective date of this Contract or the first performance of services for the Project. The purchase of an extended discovery period or an extended reporting period on this policy will not be sufficient to comply with the obligations hereunder. (d) Retroactive date must be shown on certificate. ARTICLE XII USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 12.01 Any and all drawings, specifications and other documents prepared, furnished, or both Page 59 of 142 Contract No.__________ A&E Professional Services with Construction Page 16 Form 05-01-19 prepared and furnished by Consultant or any Subconsultant or other designer contracted under Consultant pursuant to this Contract (including, without limitation, the Construction Documents) ("Work Product"), shall be the exclusive property of the City, whether the Project is completed or not. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memoranda, models, and equipment of any nature that are within Consultant’s possession or control and that are the City’s property or relate to the City or its business. The City shall be furnished and permitted to retain reproducible copies and electronic versions of Consultant's Work Product and related documents and information relating to the Project. 12.02 Consultant warrants to City that (i) Consultant has the full power and authority to enter into this Contract, (ii) Consultant has not previously assigned, transferred or otherwise encumbered the rights conveyed herein, (iii) Work Product is an original work of authorship created by Consultant’s employees during the course of their employment by Consultant, and does not infringe on any copyright, patent, trademark, trade secret, contractual right, or any other proprietary right of any person or entity, (iv) Consultant has not published the Work Product (including any derivative works) or any portion thereof outside of the United States, and (v) to the best of the Consultant's knowledge, no other person or entity, except City, has any claim of any right, title, or interest in or to the Work Product. 12.03 Consultant shall not seek to invalidate, attack, or otherwise do anything either by act of omission or commission which might impair, violate, or infringe the title and rights assigned to City by Consultant in this Article 12 of the Contract. 12.04 The documents prepared by Consultant may be used as a prototype for other facilities by the City. The City may elect to use the Consultant to perform the site adaptation and other architectural or engineering services involved in reuse of the prototype. If so, the Consultant is obligated to perform the work for an additional compensation that will fairly compensate the Consultant and its sub-consultants only for the additional work involved. It is reasonable to expect that the fair additional compensation will be significantly less than the fee provided for under this Contract. If the City elects to employ a different architect or engineer to perform the site adaptation and other architectural or engineering services involved in reuse of the prototype, that architect or engineer will be entitled to use Consultant's sub -consultants on the same basis that Consultant would have been entitled to use them for the work on the reuse of the prototype, and such architect or engineer will be entitled, to the extent allowed by law, to duplicate the design and review and refer to the construction documents, approved shop drawings and calculations, and change order drawings in performing its work. The Consultant will not be responsible for errors and omissions of a subsequent architect or engineer. The Consultant shall commit its subconsultants to the terms of this subparagraph. The provisions of this section shall survive termination of this Contract. 12.05 In the event of termination of this Contract for any reason, the City shall receive all Work Product and original documents prepared to the date of termination and shall have the right to use those documents and any reproductions in any way necessary to complete the Project. 12.06 Only the details of the drawings relating to this Project may be used by the Consultant on other projects, but they shall not be used as a whole without written authorization by the City. The Page 60 of 142 Contract No.__________ A&E Professional Services with Construction Page 17 Form 05-01-19 City-furnished forms, conditions, and other written documents shall not be used on other projects by the Consultant. ARTICLE XIII TERMINATION 13.01 The City may terminate this Contract at any time upon thirty (30) calendar days written notice. Upon the Consultant’s receipt of such notice, the Consultant shall cease work immediately. The Consultant shall be compensated for the services satisfactorily performed prior to the termination date. 13.02 If, through any cause, the Consultant fails to fulfill its obligations under this Contract, or if the Consultant violates any of the agreements of this Contract, the City has the right to terminate this Contract by giving the Consultant five (5) calendar days written notice. The Consultant will be compensated for the services satisfactorily performed prior to the termination date. 13.03 No term or provision of this Contract shall be construed to relieve the Consultant of liability to the City for damages sustained by the City because of any breach of contract and/or negligence by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE IV MISCELLANEOUS TERMS 14.01 This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 14.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City of College Station Attn: _________________ Attn: _______________________ PO BOX 9960 ____________________________ 1101 Texas Ave ____________________________ College Station, TX 77842 ____________________________ ______________@cstx.gov ____________________________ 14.03 No action or failure to act by the City shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. No waiver Page 61 of 142 Contract No.__________ A&E Professional Services with Construction Page 18 Form 05-01-19 of any provision of the Contract shall be of any force or effect, unless such waiver is in writing, expressly stating to be a waiver of a specified provision of the Contract and is signed by the party to be bound thereby. In addition, no waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition and shall not in any way limit or waive that party’s right thereafter to enforce or compel strict compliance with the Contract or any portion or provision or right under the Contract. 14.04 This Contract represents the entire and integrated contract between the City and the Consultant and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 14.05 This Contract and all rights and obligations contained herein may not be assigned by the Consultant without the prior written approval of the City. 14.06 Invalidity. If any provision of this Contract 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 Contract with legal terms and conditions approximating the original intent of the parties. 14.07 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. 14.08 The Consultant, its agents, employees, and subconsultants must comply with all applicable federal and state laws, the charter and ordinances of the City of College Station, and with all applicable rules and regulations promulgated by local, state, and national boards, bureaus, and agencies. The Consultant must obtain all necessary permits and licenses required in completing the services required by this Contract. 14.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. If there is a conflict between a provision in any documents provided by Consultant made a part of this Contract and any other provision in this Contract, the latter controls. 14.10 This Contract goes into effect when duly approved by all the parties hereto. 14.11 Notice of Indemnification. City and Consultant hereby acknowledge and agree that this Contract contains certain indemnification obligations and covenants. Page 62 of 142 Contract No.__________ A&E Professional Services with Construction Page 19 Form 05-01-19 14.12 Verification No Boycott Israel. To the extent this Contract is considered a contract for goods or services subject to §2270.002 Texas Government Code, Consultant verifies that it i) does not boycott Israel and ii) will not boycott Israel during the term of this Contract. Page 63 of 142 Contract No.__________ A&E Professional Services with Construction Page 20 Form 05-01-19 List of Exhibits A. Scope of Services B. Payment Schedule C Certificates of Insurance CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: Date: APPROVED: City Attorney Date: __________________ Assistant City Manager/CFO Date: __________________ Page 64 of 142 Contract No.__________ A&E Professional Services with Construction Form 05-01-19 EXHIBIT A SCOPE OF SERVICES Page 65 of 142 Kimley-Horn and Associates, Inc. Page 1 of 12 6/2/2020 EXHIBIT “A” SCOPE OF SERVICES LUTHER STREET RECONSTRUCTION Kimley-Horn and Associates, Inc. (the “Consultant”) is pleased to submit this Scope of Services to the City of College Station (the “City”) to provide professional services for the above referenced project. Our project understanding and scope of services are below. PROJECT UNDERSTANDING The project involves the design of approximately 1,500 linear feet of improvements of Luther Street from Marion Pugh Boulevard to Penberthy Boulevard, including the intersection of Penberthy Boulevard. These improvements will consist of removal and replacement of the existing roadway pavement, addition of sidewalk, installation of a storm drain system, replacement of the existing water main from Penberthy Boulevard to Sienna Drive, and water relocations at Marion Pugh Boulevard intersection. In addition to the improvement along Luther Street, the project will include improvements to Marion Pugh Boulevard. The improvements to Marion Pugh Boulevard will be based upon the storm drain improvements needed. The proposed storm drain system will connect to the existing storm drain system approximately 700’ to the south of Luther Street in Marion Pugh Boulevard. Basis of Scope and Fee Development The following key assumptions have been made in establishing the scope and the estimated level of effort for this project: 1. Prior to initiating preliminary engineering, City shall provide Consultant record drawings and utility maps for its existing facilities (storm drainage, potable water and sanitary sewer) within and along the project corridor. 2. City shall acquire any easements required. No new ROW is anticipated. 3. Electrical and franchise utility relocation design is not included. 4. Landscape, hardscape, lighting, and irrigation design is not included. SCOPE OF SERVICES Consultant offers the following Scope of Services based upon what we currently anticipate may be required. Design tasks are defined below for the type of work that is anticipated. TASK SUMMARY 1. Project Management 1.1. Plan and participate in a Project Kickoff Meeting with City staff to confirm project scope, personnel, lines of communication, and schedule. 1.2. Project Status Meetings 1.2.1 Conduct up to four (4) review meeting with the City; two (2) at 30%, one (1) at 60%, and one (1) at 90%. 1.2.2 Conduct up to eight (8) progress meetings via conference calls. 1.2.3 Attend up to two (2) meetings with Texas A&M University (TAMU) Transportation Services to coordinate construction sequencing. 1.2.4 Conduct up to two (2) meetings with adjacent apartments to coordinate design elements. 1.2.5 Prepare agendas and attendance log for meetings; minutes, including discussion and action items for review and distribution. 1.3. Prepare and e-mail bi-weekly progress reports to the project team (City PM and Consultant’s Staff). 1.4. Project Administration 1.4.1 Prepare project correspondence. 1.4.2 Prepare invoicing documents. Page 66 of 142 Kimley-Horn and Associates, Inc. Page 2 of 12 6/2/2020 1.4.3 Maintain and update project schedule. 1.5. Quality Assurance/Quality Control (QA/QC) 1.5.1 Establish quality control procedures for the project. 1.5.2 Assign QA/QC Manager and Peer Review roles. 1.5.3 Perform quality control reviews for the following submittals: • 30% Design Submittal • 60% Design Submittal • 90% Design Submittal • Bid Document Submittal 2. Preliminary Investigation 2.1. Data Collection and Record Research Consultant shall request all available record information along the proposed project corridor from the City, franchise utilities and other agencies with facilities within the project corridor. 2.1.1 Gather existing survey and topographic data. 2.1.2 Gather existing aerial photographs. 2.1.3 Gather existing water, sanitary sewer and storm sewer record drawings. 2.1.4 Gather existing and proposed paving, utility and development plans from City, and franchise utilities. 2.1.5 Gather existing development plans. 2.1.6 Gather existing plat information. 2.1.7 Collect property owner and record information. 2.1.8 Gather existing right-of -way and easement information. 2.1.9 Gather existing franchise utility record information. 2.1.10 Organize record information into project database. 2.1.11 City Maps – Bike, MTP, etc. 2.2. Site Investigation 2.2.1 Walk roadway corridor. 2.2.2 Document with photographs 2.2.3 Identify potential conflicts and issues. 3. Design Survey 3.1. Utility and Property Owner Coordination 3.1.1 Coordinate with Texas 811 to locate and mark existing franchise and public utilities prior to performing the field survey. 3.1.2 Prepare a notification to residents regarding survey of right-of-way and driveways on private property. 3.2. Topographic Survey 3.2.1 The limits of the survey shall be as follows: • Approximately 1,600 linear feet along Luther Street from Marion Pugh Drive to Penberthy Boulevard including the intersections. • Approximately 100 linear feet north and south of Luther Street along Penberthy Boulevard. • Approximately 100 linear feet north and 700 linear feet south of Luther Street along Marion Pugh Drive. 3.2.2 Set control points (X,Y,Z) on the ground based on City monumentation. 3.2.3 Prepare topographic design survey of the right-of-way showing existing visible elements and cross-sections at 50-foot intervals and major breaks. 3.2.4 Survey existing driveways outside right-of -way limits for grade tie in elevations. 3.2.5 Survey flow lines of sanitary and storm manholes and storm culverts. 3.2.6 Prepare a final topographic drawing in digital format (including one-foot contours and breaklines) showing the features located in the field as well as right-of-way strip map information in accordance with the City Mapping Requirements dated May 2010, an Page 67 of 142 Kimley-Horn and Associates, Inc. Page 3 of 12 6/2/2020 ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. 4. Subsurface Utility Engineering 4.1. Quality Level D (QL-D) Record Research. 4.1.1 Quality Level D. Research and draw all known public and private utilities onto a topographical or planimetric drawing. 4.1.2 The limits of Quality Level D are the same as in Task 4.2.1. 4.2. Quality Level C Surface Feature Survey 4.2.1 Quality Level C (QL-C) Surface Feature Survey is the horizontal / vertical location and identification of visible utility surface features taken from a topographic drawing or other provided survey data of the project area. This information is put in the same utility map created as part of the Quality Level D work. In this process, the Quality Level D utility line work is adjusted to align with the surface features (connecting the dots). All data is tied to the survey project control. 4.2.2 The fee is based upon 20,000 linear feet of QL-D and QL-C. 4.3. Quality Level B Designation 4.3.1 Quality Level B. QL-B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities within the project limits. This activity is called "designating". The information obtained in this manner is surveyed to project control. It addresses problems caused by inaccurate utility records, abandoned or unrecorded facilities, and lost references. 4.3.2 The limits of Level B SUE will be established after Task 7.8. The fee is based upon 7,500 linear feet of Level B SUE. 4.4. Quality Level A Test Hole Services 4.4.1 Quality Level A. QL-A, also known as "locating", is the highest level of accuracy presently available and involves the full use of the subsurface utility engineering services. It provides information for the precise plan and profile mapping of underground utilities through the nondestructive exposure of underground utilities, and provides the type, size, condition, material and other characteristics of underground features 4.4.2 The Consultant will obtain up to 10 test holes within the limits of the topographic survey area and outside of existing pavement only. Test hole information will be provided in the construction drawings in a table format. Any additional test holes needed will be considered additional services. 5. Geotechnical Investigation 5.1. Perform a geotechnical analysis of the site utilizing a qualified geotechnical laboratory to determine and characterize subsurface conditions and make recommendations regarding subgrade preparation, pavement design guidelines, backfill, embedment, compaction and conditions related to groundwater control. The geotechnical analysis shall include the following: 5.1.1 Subsurface exploration including 7 borings to a depth of 15 feet. 5.1.2 Laboratory tests for classification purposes and strength characteristics. 5.1.3 Engineering services that address soil and groundwater conditions as well as recommendations for paving, bedding and earthwork. 5.2. A geotechnical report will be furnished by the geotechnical engineer to present the results of the field and laboratory data as well as analyses and recommendations. Two (2) hard copies and one electronic copy of the report will be provided by the geotechnical engineer. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. 6. Schematic Roadway Design (30%) 6.1. Field verification of survey and base map. Page 68 of 142 Kimley-Horn and Associates, Inc. Page 4 of 12 6/2/2020 6.2. Typical Section Evaluation 6.2.1 Develop up to three (3) roadway cross section alternatives for the City to consider. Consultant to utilize the City’s Master Thoroughfare Plan and Bike Plan and the transportation model. The cross sections alternatives will fit within the existing right of way (approx. 70’). The cross sections alternatives will include number of lanes, lane widths, bike lanes, off-street bike paths, sidewalks. 6.2.2 Evaluate constraints based on data collected in Task 2, 3, and 4. 6.2.3 Prepare cross section drawings. 6.2.4 Prepare Cross Section Memo summarizing the alternatives and recommendation. 6.2.5 Meet with City staff to review and obtain direction on the preferred horizontal layout and typical sections. 6.3. Document design criteria chart (coordinate with City staff at the project kick-off meeting). 6.3.1 Design speed 6.3.2 Pavement design parameters 6.3.3 Horizontal alignment design criteria 6.3.4 Vertical alignment design criteria 6.3.5 Typical section requirements (lane, median, and sidewalk widths, etc.) 6.3.6 Intersection design criteria 6.3.7 Driveway design criteria 6.3.8 Sidewalk and ramp design details 6.3.9 Drainage dry lane criteria and design year storm 6.4. Meet with City staff to review and obtain direction on the preferred horizontal layout and typical sections. 6.5. Schematic Roadway Design 6.5.1 Prepare a roll plot format schematic exhibit for the corridor 6.5.2 Establish roadway centerline and horizontal layout 6.5.3 Prepare roadway vertical alignment 6.5.4 Intersection layout at Penberthy Boulevard 6.5.5 Evaluate need for retaining wall 6.5.6 Prepare typical sections 6.5.7 Prepare a plan view layout for water line 6.5.8 Prepare plan layout for storm drain (analysis to be completed at 60%). 6.6. Compile and prepare an opinion of probable construction cost (OPCC), in accordance with AACE standards, for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area. The Consultant has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Consultant at this time and represent only the Consultant’s judgment as a design professional familiar with the construction industry. The Consultant cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. 6.7. Schematic design submittal (30%) 6.7.1 Submit one (1) electronic copy to the City for review and comment. 6.7.2 Submittal shall include the following: • Schematic design plans in roll plot format. • OPCC in accordance with AACE standards. • Cross Section Memo. 6.8. Review Meeting 6.8.1 Attend one (1) meeting with City staff to review the schematic design comments. 7. Preliminary Roadway and Drainage Design (60%) 7.1. Meet with City staff to review comments and obt ain direction for the proposed preliminary design (60%). 7.2. Preliminary Roadway Design 7.2.1 Refine roadway plan and profile design. Page 69 of 142 Kimley-Horn and Associates, Inc. Page 5 of 12 6/2/2020 7.2.2 Prepare plans for sidewalk and ramp design. 7.2.3 In locations where the elevation difference between the roadway and adjacent property warrants, provide design details to construct retaining walls. 7.2.4 Prepare typical sections • Existing and Proposed • Preliminary subgrade and pavement design 7.2.5 Traffic Control Concept Plans • Prepare traffic control and sequencing narrative • Prepare cross sections for construction traffic control phasing • Prepare conceptual traffic control plans showing construction phasing, up to two phases are assumed • Prepare detour route • Coordination with TAMU Transportation Services for bus routing plan 7.2.6 Pavement Markings and Signage Plans • Prepare pavement markers and striping layouts in accordance with City design standards and the Texas Manual of Uniform Traffic Control Devices (TMUTCD) • Prepare details to clarify intent of design • Compile applicable City standard details. Modify standard details as needed. • Signing layout and design 7.3. Preliminary Drainage Design 7.3.1 Compile the hydrological and hydraulic data. 7.3.2 Develop the project drainage area map. 7.3.3 Determine conveyance paths, channel slopes, time of concentration, and runoff coefficients as required to calculate design-year flows. 7.3.4 Analyze the existing drainage system in Marion Pugh Drive to determine modifications needed to accommodate the proposed storm drain improvements in Luther Street. It is assumed that storm drain system in Marion Pugh will need to be extended to Luther Street to capture the proposed storm drain. 7.3.5 Analyze the proposed drainage improvements required to accommodate the roadway modifications. 7.3.6 Prepare a preliminary storm sewer and inlet plan with alignments and sizes. 7.3.7 Prepare preliminary storm sewer profiles with design notes for stationing, size, slope, flow lines, and pipe material. 7.3.8 Site verification of preliminary design. 7.4. Preliminary Plan Preparation 7.4.1 General Sheets (cover sheet, location map, sheet index, general notes, list of abbreviations, and legend). 7.4.2 Project Control. 7.4.3 Standard Details. 7.4.4 Temporary Erosion Control. 7.4.5 Retaining wall plan and profile. 7.5. Preliminary Roadway Plan/Profile Preparation 7.5.1 Prepare (22”x34”) Plan/Profile sheets at a 1”=20’ horizontal and 1”=4’ vertical scale. 7.5.2 Plan view of the base map shall have all existing above ground features shown and clearly labeled along with existing property lines, easements and utilities based on field ties and record information. 7.5.3 Plan view shall include proposed centerline alignment and horizontal curve data, sidewalks and proposed transition pavement tie-ins to existing pavement. 7.5.4 Profile shall include design notes for stationing, vertical curve data and proposed drainage improvements including; size, flow-lines, pipe material, and length. 7.5.5 Preliminary paving and drainage design details. 7.5.6 Site verification of preliminary design. 7.6. Compile and prepare an updated OPCC, in accordance with AACE standards, for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area. Page 70 of 142 Kimley-Horn and Associates, Inc. Page 6 of 12 6/2/2020 7.7. Preliminary design submittal (60%) 7.7.1 Submit electronic copy to the City for review and comment. • Submittal shall include preliminary design plans at half size – 11”x17” which will include: Cover sheet • Index sheet • General Notes sheets • Project Control sheet • Typical Sections sheets • Preliminary removal sheets • Preliminary roadway plan and profile sheets (5) • Cross Sections (4) • Retaining wall sheets (1) • Preliminary drainage area map and runoff calculations • Inlet and preliminary storm calcs (1) • Preliminary storm drain plan and profile sheets (4) • Preliminary water line plan and profile sheets (1) • Preliminary pavement marking and signage sheets (2) • Preliminary traffic control sheets (5) • Preliminary erosion control sheets (2) • OPCC 7.8. Review Meeting 7.8.1 Attend one (1) meeting with City staff to review the preliminary design comments. 8. Final Roadway and Drainage Design 8.1. Incorporate and/or respond to the City’s preliminary design submittal review comments one (1) round of comments anticipated in proposed effort. 8.2. Incorporate and/or respond to the franchise utilities’ preliminary design submittal review comments. One (1) round of comments is anticipated in proposed effort. 8.3. Prepare final general notes and details. 8.4. Prepare final special technical specifications. 8.5. Prepare updated OPCC in accordance with AACE standards. 8.6. Final design submittal (90%) 8.6.1 Submit electronic copy to the City for review and comment. 8.6.2 Submittal shall include the following: • Final design plans of the sheets listed in Task 8 at half size – 11”x17” • Special provisions, bid tab and technical specifications (for inclusion into the standard contract documents prepared by the City). • OPCC in accordance with AACE standards. 8.7. Review Meeting 8.7.1 Attend one (1) meeting with City staff to review the final design (90%) comments. 8.8. TDLR Submittal Preparation 8.8.1 The Consultant will assist the City with submittal of the project to a Registered Accessibility Specialist. The Consultant will provide the City with one (1) full size set of plans and a completed project registration and submittal form. 8.9. Incorporate the final design (90%) submittal review comments. One (1) round of comments is anticipated in proposed effort. 8.10. Bid Document Submittal (100%) 8.10.1 The Consultant will prepare one bid package. 8.10.2 Submit the following signed, sealed and dated final construction drawings, special provisions, bid form (in excel format) and specifications: • One (1) – copy of final design submittal in electronic PDF format. 9. Water Line Design 9.1. Preliminary Water Design 9.1.1 Prepare a preliminary water main plan and profile to replace the water line along Luther Street from Penberthy Boulevard to Sienna Drive (approximately 500 feet). Page 71 of 142 Kimley-Horn and Associates, Inc. Page 7 of 12 6/2/2020 9.1.2 Identify the need for any water relocations due to potential conflicts with proposed storm drainage system along Marion Pugh Boulevard and report to the City. The design of any water line relocations (if required) will be considered an Additional Service. Additional Services shall be performed only upon written authorization of the City. 9.1.3 Preliminary utility design details. 9.1.4 Compile and prepare an updated OPCC, in accordance with AACE standards, for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area. 9.2. Final Water Design 9.2.1 Incorporate and/or respond to the City’s preliminary design submittal review comments one (1) round of comments anticipated in proposed effort. 9.2.2 Prepare final design plans. 9.2.3 Prepare final general notes and details. 9.2.4 Prepare final special technical specifications. 9.2.5 Prepare updated OPCC in accordance with AACE standards. 10. Franchise Utility Coordination 10.1. Send one set of plans to the City to distribute to each franchise utility for their review. 10.2. Prepare exhibits as needed for coordination with franchise utility companies. 10.3. Attend up to three (3) franchise utility meetings. 11. Right-of-Way and Easement Documents 11.1. Prepare up to two (2) easement instruments (narrative and graphic exhibits of easements required for drainage, City utilities, temporary construction, etc.). 11.1.1 Individual parcel exhibits will be on 8 ½”x11” paper, will be sealed, dated, and signed by a Registered Professional Land Surveyor and will contain the following: • Parcel number • Area required • Area remaining • Legal description • Current owner • Any existing platted easements or easements filed by separate instrument including easements provided by utility companies. • All physical features • Metes and bounds description of parcel to be acquired. The description will be provided on a separate sheet from the exhibit. Each type of easement will be described separately. 12. Bidding Phase Services 12.1. Provide assistance to the City during bidding by preparation and delivery of addenda for plan holders and responses to questions submitted by plan holders. 12.2. Attend a scheduled pre-bid conference. 12.3. Attend bid opening. 13. Construction Phase Services The scope of services listed below may or may not be performed as part of our construction phase services. The Consultant’s role during construction is limited and services are only provided upon request of the City. The budgeted fee for this task is based upon approximately 70 hours of labor. Additional services beyond the hours budgeted will be an additional service outside the scope of this contract. 13.1. Pre-Construction Conference 13.1.1 Consultant will attend a Pre-Construction Conference prior to commencement of Work at the Site. 13.2. Visits to Site and Observation of Construction (maximum of 16 site visits) Page 72 of 142 Kimley-Horn and Associates, Inc. Page 8 of 12 6/2/2020 13.2.1 The purpose of Consultant’s site visits will be to enable Consultant to better carry out the duties and responsibilities specifically assigned in this Agreement to Consultant, and to provide City a greater degree of confidence that the completed Work will conform in general to the Contract Documents. Consultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Consultant neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 13.3. Recommendations with Respect to Defective Work 13.3.1 Consultant will recommend to City that Contractor's work be disapproved and rejected while it is in progress if, based on such observations, Consultant believes that such work will not produce a completed Project that conforms generally to Contract Documents. 13.4. Clarifications and Interpretation 13.4.1 Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by City. 13.5. Change Orders 13.5.1 Consultant may recommend Change Orders to City and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 13.6. Shop Drawings and Samples 13.6.1 Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 13.7. Substitutes and "or-equal" 13.7.1 Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. 13.8. Inspections and Tests 13.8.1 Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate and may receive and review certificates of inspections within Consultant’s area of responsibility or of tests and approvals required by laws or the Contract Documents. Consultant’s review of certificates will be for determining that the results certified indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests. 13.9. Disagreements between City and Contractor 13.9.1 Consultant will, if requested by City, render written decision on all claims of City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to City or Contractor and shall not be liable in connection with any decision rendered in good faith. 13.10. Applications for Payment 13.10.1 Review of applications for payment are not included in this scope. 13.11. Substantial Completion Page 73 of 142 Kimley-Horn and Associates, Inc. Page 9 of 12 6/2/2020 13.11.1 Consultant will, after notice fr om Contractor that it considers the Work ready for its intended use, in company with City and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. 13.12. Final Notice of Acceptability of the Work 13.12.1 Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend final payment to Contractor. Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant’s knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant. Consultant will attend one (1) year warranty walk through with Contractor and City at the City’s request. 13.13. Limitation of Responsibilities 13.13.1 Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Consultant shall not have the authority or responsibility to stop the work of any Contractor. 14. Construction Material Testing Services Consultant will engage a subconsultant to provide construction material testing services for the project during construction. 14.1. Earthwork Observation and Testing 14.1.1 Sample building pad subgrade, foundation subgrade, utility backfill, and/or select fill material. Prepare and test the samples for Atterberg Limits (ASTM D4318) and Percent Passing the No. 200 Sieve for classification in accordance with USCS. Recommended one test per 500 cubic yards (or 10,000 square feet) for every one foot of fill. Prepare and test soil samples for moisture-density relationship.). 14.1.2 Sample cement-sand backfill for utility trenches, mold specimens, and perform compressive strength tests in the laboratory. 14.1.3 Perform stabilization evaluation of subgrade soil for proposed chemically treated paving subgrade. 14.1.4 Perform field gradation tests of chemically stabilized subgrade. 14.1.5 Observe proof rolling operations of the paving subgrades and perform density tests of the subgrade and base material using the nuclear method (ASTM D6938) to determine the moisture content and percent compaction of the soil materials. 14.1.6 Upon meeting compaction and moisture requirements, perform depth checks of chemically stabilized subgrade. 14.1.7 Provide additional testing upon written request and approval by the City. 14.2. Reinforcing Steel Observation and Testing 14.2.1 Observe reinforcing steel prior to concrete placement. The subconsultant will observe the rebar size, spacing, and configuration. The subconsultant recommends that they be scheduled a minimum of 24 hours prior to concrete placement. 14.2.2 Cast-in-Place Concrete Observations and Testing. 14.2.3 Sample and test the fresh concrete for each mix. Perform tests including slump, air content, unit weight, concrete temperature, and cast test specimens (ASTM C31, C138, C143, C172, C173, and C1064). The subconsultant understands that the contractor will be responsible for maintaining the initial curing temperature of the concrete test specimens. 14.2.4 Concrete will be sampled at a frequency of 1 set of test cylinders every 50 cubic yards for structural concrete and 1 set of test cylinders every 100 cubic yards for paving and sidewalk concrete. The subconsultant requests that a copy of the approved mix design(s) be provided to us prior to placement of the concrete. 14.2.5 Perform compressive strength tests of concrete test cylinders cast in the field (ASTM C1231, C39). Five 4” x 8” concrete cylinders will be prepared for structural concrete having nominal size aggregate of 1¼” or less. One cylinder will be tested at 7 days, Page 74 of 142 Kimley-Horn and Associates, Inc. Page 10 of 12 6/2/2020 three cylinders will be tested at 28 days and one cylinder will be marked for a 56-day HOLD. 14.3. Hot Mix Asphaltic Concrete Pavement Monitoring and Testing 14.3.1 Obtain a sample from the field and perform laboratory classification tests including lab molded specimen density, HVEEM stability, maximum theoretical density, asphalt content, and gradation. Tests will be performed in accordance to the Job-Mix Formula (JMF) of the HMAC. The subconsultant requests that the JMF be sent to the project manager no later than two days prior to placement of the HMAC. 14.3.2 Obtain asphalt pavement cores from the field, at a rate of four cores per day’s placement. For each core, measure the thickness and calculate the density with respect to the maximum theoretical density. 14.3.3 If requested, provide an Engineering Technician to verify the roller pattern that has been established by the HMAC Contractor. 14.4. Project Management/ Administration 14.4.1 A project manager will be assigned to the project to review the daily activity and assist in scheduling the work. Field and laboratory tests will be reviewed prior to submittal. The project manager will monitor the project budget and will oversee the preparation of the final letter and daily reports. 14.5. Final Letter 14.5.1 Upon completion of our services, a final letter will be prepared. The letter will list services we performed and if our results and/or observation were in compliance. A copy of our test reports will be available with the final letter if requested. 14.6. Consultant or their subconsultant shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall Consultant have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. 15. Record Drawings 15.1. Obtain and review comments and field changes to the as-bid construction plans from City and/or Contractor. 15.2. Prepare record drawings based on comments and field changes. Since Consultant will not be providing resident engineering services and not observing on a full-time basis, we will not seal the record drawings. The record drawings will be provided in the following format: • AutoCAD File (1) copy • PDF (1) copy • 22”x34” Mylar Hardcopy (1) copy (4 mil double matte) Information to be provided by the City The City shall provide all information and criteria as to the City’s requirements, objectives, and expectations for the project including all design criteria that are to be met and all standards of development, design, or construction. Specific information to be provided by the City includes: • Existing water, sanitary sewer, paving, and drainage record drawings Additional Services City and Consultant agree that the following services are beyond the Scope of Services described in the tasks above. However, Consultant can provide these services, if needed, upon the City’s written request. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These Additional Services include, but are not limited to, the following: • Preparation of a detailed Storm Water Pollution Prevention Plan (SWPPP). Page 75 of 142 Kimley-Horn and Associates, Inc. Page 11 of 12 6/2/2020 • Sanitary sewer design. • Furnish additional copies of review documents and/or bid documents in excess of the number of the same identified above. • Assist the City as an expert witness in litigation in connection with the project or in hearings before approving and regulatory agencies. • Redesign to reflect project scope changes requested by the City, required to address changed conditions or change in direction previously approved by the City, mandated by changing governmental laws, or necessitated by the City’s acceptance of substitutions proposed by the Contractor. • “Value engineering” after bidding. • SWPPP inspections / coordination. • Any services not listed in the Scope of Services. - End of Scope of Services – Page 76 of 142 Contract No.__________ A&E Professional Services with Construction Form 05-01-19 EXHIBIT B PAYMENT TERMS Compensation is based on actual hours of work/time devoted to providing the described professional services. The Consultant will be paid at a rate of $ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non-salary expenses at the rate of percent ( %) above the Consultant’s actual costs, or at the rates set forth below. Unless amended by a duly authorized written change order, the total payment for all invoices on this job, including both salary and non- salary expenses, shall not exceed the amount set forth in paragraph 2.01 of this Contract: ($ ). The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. -OR- Payment is a fixed fee in the amount listed in paragraph 2.01 of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The Consultant may submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Schedule of Payment for each phase: Page 77 of 142 Kimley-Horn and Associates, Inc. Page 12 of 12 6/2/2020 EXHIBIT 'B' LUTHER STREET RECONSTRUCTION FEE SUMMARY Payment to the Consultant will be made as follows: A. Invoice and Time of Payment Monthly invoices will be issued by the Consultant for all work performed under this Agreement. Invoices are due and payable on receipt. Invoices will be prepared in a format approved by the City prior to submission of the first monthly invoice. Monthly payment of the fee will be in proportion to percent completion of the total work for each fee item outlined below and phase of services (Design, Bid, Survey, etc.). B. Payment is a fixed fee in the amount listed in paragraph 2.01 of this Contract. This amount shall be payable by the City pursuant to the schedule listed below. Upon completion of services enumerated in Attachment A, Scope of Services, the final payment of any balance will be due upon receipt of the final invoice. Design Services 1. Project Management $24,500 2. Preliminary Investigation $3,500 3. Design Survey $27,500 4. Subsurface Utility Engineering (SUE) $38,000 5. Geotechnical Investigation $11,200 6. Schematic Design (30%) $28,000 7. Preliminary Roadway and Drainage Design (60%) $48,500 8. Final Roadway and Drainage Design $50,000 9. Water Line Design $9,000 10. Franchise Utility Coordination $3,000 11. Easement Documents $1,500 12. Bidding Phase Services $4,000 13. Construction Phase Services $16,000 14. Construction Materials Testing $18,000 15. Record Drawings $6,000 Total Design Fee $288,700 Page 78 of 142 Contract No.__________ A&E Professional Services with Construction Form 05-01-19 EXHIBIT C CERTIFICATE(S) OF INSURANCE Page 79 of 142 LO NNIE LNS I ENNADR MAR I ON P UGH DR HOLLEM AN DR W PARK WEST DW WE L L B O R N R D PE N BERTH Y BL ALLEYJONES BUTLER RD LUTHER ST WN 0 350175Feet This product is for informational purposes only and has not been prepared for and is not suitable for legal, engineering, construction, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of certain geographic features. No warranty, expressed or implied, is made by the City of College Station as to the accuracy, completeness, suitability, or timeliness of the inform ation contained herein.The City of College Station assumes no responsibility for any private or commercial use, misuse, reliance, or interpretation of the information provided herein, or any loss resulting therefrom . City of College Station Page 80 of 142 RESOLUTION NO. _________________ RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH PROCEEDS FROM DEBT WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: Section 1. The City reasonably expects it will incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $2,000,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. PASSED AND APPROVED THIS 25th DAY OF June, 2020. _______________________________ Karl Mooney, Mayor ATTEST: _________________________________ Tanya Smith, City Secretary (Seal) Page 81 of 142 Page 82 of 142 Exhibit "A" The projects to be financed that are the subject of this Statement are: ST2002 and WA2000001 Luther Street Rehab – Marion Pugh to Penberthy ($2,000,000) This project includes the reconstruction of Luther Street from Marion Pugh to Penberthy. The construction will include a 2 lane major collector concrete roadway section with storm sewer and sidewalks and waterline infrastructure rehabilitation. Page 83 of 142 June 25, 2020 Item No. 3.8. One Inch Overlay With Specialty Mix Contract Renewal Sponsor:Donald Harmon, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of the second renewal of a contract with Brazos Paving, Inc. for the installation of a one inch overlay with specialty mix as needed for an amount not to exceed $432,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approving the second renewal of contract 18300554 with Brazos Paving, Inc. for the installation of a one inch overlay with specialty mix as needed for an amount not to exceed $432,000.00. Summary: On April 27, 2018, the City of College Station and Brazos County went out for a joint bid for the installation of one inch overlay with specialty mix as needed. The lowest responsible bidder was Brazos Paving, Inc. This renewal term is for the period beginning June 28, 2020, through June 27, 2021. This is the second of two possible renewals. Budget & Financial Summary: Funds are available in the roadway operations and maintenance budget. Reviewed & Approved by Legal: No Attachments: 1.Signed Renewal Contract Page 84 of 142 Page 85 of 142 Page 86 of 142 June 25, 2020 Item No. 3.9. Lick Creek Hike & Bike Design Change Order Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval for change order no. 4 with Halff & Associates in the amount of $18,867 for the design of Lick Creek Parking Lot and Trail Head. Relationship to Strategic Goals: - Core Services and Infrastructure Recommendation(s): Staff recommends approving the change order. Summary: The change order provides for additional design required for increasing culvert conveyance to serve future development in the Midtown Business Park. The change order also provides additional construction materials testing due to increased overall project estimated testing frequency related to increased overall project material quantities along with additional construction administration time for the design engineer. Budget & Financial Summary: Budget in the amount of $368,000 is included for this project in the Streets Capital Projects Fund. A total of $73,504 has been expended or committed to date, leaving a balance of $294,496 for this change order and future expenses. Additionally, a portion of this change order will be charged to Economic Development’s operating budget. Reviewed & Approved by Legal: No Attachments: 1.Project Location 2.Change Order 4 - Unsigned Page 87 of 142 BARRONRDM IDTOW N DRDECATUR DRBARRON RDTIFFAN Y T R HUNTER CREEK DRSOUTHERNPLANTATIONDRKERNSTOWN LNSH 6 S FRONTAGE RD EW INDFREE DRSH 6 S FRONTAGE RD W WOODLANDRIDGEDRALLEYCARROLL FANCHER WYCREAGOR LNCORPORATE PWOFFRAM PSH6SONRAMPSH6SSH 6 SThis product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. No warranty is made by the City of College Station regarding specific accuracy or completeness.06/10/2020Lick Creek Parking Lot and Trail Head´0 0.150.075MilesPage 88 of 142 CHANGE ORDER NO. 4 DATE:06/1/2020 Contract No.18300270 P.O.# 18202410 PROJECT: LICK CREEK PARKING LOT AND TRAIL HEAD OWNER:CONTRACTOR: City of College Station Halff Associates, Inc. P.O. Box 9960 9500 Amberglen Blvd., Bldg F Suite 125 College Station, Texas 77842 Austin, Texas 78729 Ph: 512-777-4600 PURPOSE OF THIS CHANGE ORDER: A. Provide add'l professional engineering for additional design time required for increasing culvert conveyance as requested by Economic Development. B. Additional CMT costs dule to increased overall project estimated testing frequency related to increased overall project material quantities along with additional construction administration time for the design engineer. ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 LS Add'l design time required for increasing $6,106.00 0 1 $6,106.00 culvert convenance 2 LS Add'l construction materials testing and $12,761.00 1 $12,761.00 construction admin due to design changes TOTAL $18,867.00 THE NET AFFECT OF THIS CHANGE ORDER IS 33 % INCREASE LINE 1 (41399971-6560)$12,761.00 LINE 2 (10010170-5303)$6,106.00 TOTAL CHANGE ORDER $18,867.00 ORIGINAL CONTRACT AMOUNT $56,694.50 CHANGE ORDER NO. 1 $7,500.00 13%CHANGE CHANGE ORDER NO. 2 $9,868.00 17%CHANGE CHANGE ORDER NO. 3 $2,955.00 5%CHANGE CHANGE ORDER NO. 4 $18,867.00 33%CHANGE REVISED CONTRACT AMOUNT $95,884.50 69%TOTAL CHANGE ORIGINAL CONTRACT TIME 104 Days Time Extension No. 1 14 Days Time Extension No. 2 90 Days Time Extension No. 3 30 Days Revised Contract Time 208 Days APPROVED ______________________________________________________________________________________ A/E CONTRACTOR Date DEPARTMENT DIRECTOR Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ CITY ENGINEER Date CITY MANAGER Date Page 89 of 142 June 25, 2020 Item No. 4.1. Short-Term Rental Ordinance Sponsor:Brian Piscacek, Assistant to the City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance to regulate short-term rental units in College Station. Relationship to Strategic Goals: Good Governance Financial Sustainability Neighborhood Integrity Diverse & Growing Economy Recommendation(s): Staff recommends Council adopt the short-term rental ordinance. Summary: Staff presented a draft short term rental ordinance to Council during the Workshop portion of the City Council meeting on April 23, 2020. The draft ordinance proposed the regulation of short term rental units (STRs) and described how the City would permit and enforce STRs in College Station. The ordinance included elements to permit owner-occupied and non-owner-occupied STRs, mandated life safety inspections prior to permit issuance, instituted tenant information brochures for STR operations, required STR operators to collect and remit applicable hotel occupancy tax, and detailed a denial or revocation process for violations. At that meeting, staff received additional direction from Council to further examine the limits of non- owner-occupied STRs, address the presence of bed and breakfast facilities, and consider life safety inspections at more frequent intervals. On May 28, 2020, staff presented a revised ordinance, which defined STRs into 3 categories and placed restrictions in some zoning districts based on owner-occupancy. The ordinance also provided clarity on bed and breakfast facilities and established more regular life safety inspections. Staff presented to Council on June 11, 2020, regarding the major decision points on a final draft for consideration. Council directed staff to proceed with: 1) placing restrictions on non-owner-occupied STRs in the following residential zoning districts: General Suburban, Restricted Suburban, and Wellborn Restricted Suburban; 2) requiring evidence of a Homestead Exemption as proof of owner- occupancy; and 3) allowing for the grandfathering of non-owner-occupied STRs already operating in the aforementioned zoning districts. Budget & Financial Summary: City policy allows for full cost recovery. An annual fee to receive and maintain a permit will be applied at application and renewal. Fiscal Services will bring back the fee ordinance at a future Council meeting to incorporate the fees associated with STR permitting and inspections. Reviewed & Approved by Legal: No Page 90 of 142 Attachments: 1.Ordinance Draft 2_6-15-2020 V3 Page 91 of 142 ORDINANCE NO._____Page 1 of 9 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 103, “BUILDINGS AND BUILDING REGULATIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY ADDING A NEW ARTICLE VI, “SHORT TERM RENTAL REGULATIONS,” RELATING TO THE REGULATION OF SHORT TERM RENTALS; 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 103, “BUILDINGS AND BUILDING REGULATIONS,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance becomes effective October 1, 2020. Page 92 of 142 ORDINANCE NO._____Page 2 of 9 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 25th day of June, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 93 of 142 ORDINANCE NO._____Page 3 of 9 Ordinance Form 8-14-17 EXHIBIT A That Chapter 103, “BUILDINGS AND BUILDING REGULATIONS,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding a new Article VI, “SHORT TERM RENTAL REGULATIONS,” to read as follows: ARTICLE VI. – SHORT TERM RENTAL REGISTRATION Sec. 103-242. – Applicability. This article applies to all Short Term Rental operators unless expressly provided otherwise herein. Sec. 103-243. – Purpose and Intent. The purpose of this article is to safeguard the life, health, safety, welfare, and property of the occupants of residential dwelling units, the neighbors of said occupants, and the general public, through the registration and regulation of Short Term Rentals and to ensure the collection and payment of hotel occupancy taxes. The intent of this article is to preserve the neighborhood character of residential subdivisions within the City of College Station and to minimize adverse impacts to residential subdivisions caused by Short Term Rentals. Sec. 103-244. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the City Manager or designee. Bed and breakfast facility means an accessory to a single-family dwelling in which no more than four (4) unrelated individuals occupy the property overnight, maintain a residential appearance and be the permanent residence of the proprietor, no more than four (4) rooms where shared/common bathrooms are provided, and no cooking facilities permitted in individual rooms. Dwelling Unit means a residential unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, cooking, eating, and sanitation. Hotel Occupancy Tax means the hotel occupancy tax required to be assessed and collected for the operation of any Short Term Rental and paid pursuant to Chapter 351 of the Texas Tax Code. Page 94 of 142 ORDINANCE NO._____Page 4 of 9 Ordinance Form 8-14-17 Local Contact means an individual located within 30 miles of the College Station City Hall who has access to the property and is authorized to make decisions regarding the property while a Short Term Rental is being rented. Operator means any person, firm, or corporation who operates a short term rental, as defined in this article. Owner means any person, firm, trust, corporation, partnership, or any other legal entity who has a legal or equitable interest in the property. Owner-occupied means the property’s owner of record that utilizes the dwelling as the owner’s primary residence. Previously Existing Non-Owner Occupied Short Term Rental means a Short Term Rental located within General Suburban (GS), Restricted Suburban (RS), or Wellborn Restricted Suburban (WRS) where the property’s owner of record does not utilize the dwelling as a primary residence or homestead and has engaged in the operation of a Short Term Rental in the City for a period of at least 12 months prior to the effective date of this Article. Short Term Rental means a dwelling unit that is rented out for compensation on a temporary basis for a period of less than 30 consecutive days; including but not limited to, single-family unit, duplex unit, tri-plex, four-plex unit, multi-family unit, manufactured or mobile home unit, townhome, or condominium. Short Term Rental I means a bed and breakfast facility located in a residential zoning district. The property must be a single-family dwelling in which no more than four (4) unrelated individuals occupy the property overnight and be the permanent residence of the proprietor. No more than four (4) rooms where shared/common bathrooms are provided are permitted, and no more than one (1) meal is served daily. Short Term Rental II means a short term rental unit that is owner-occupied within a residential zoning district of General Suburban (GS), Restricted Suburban (RS), or Wellborn Restricted Suburban (WRS). This may include an accessory dwelling located on the property; if so, the owner or designated local contact is required to be on the premises during the rental. Short Term Rental III means short term rental within a residential zoning district other than General Suburban (GS), Restricted Suburban (RS), or Wellborn Restricted Suburban (WRS) that may be non-owner-occupied. Short Term Rental Permit means a permit issued by the City that identifies the address of the subject property as a lawful short term rental, the short term rental permit number, the names and contact information of the owner and local contact, and a 24-hour emergency contact phone number for all the preceding persons. Sec. 103-245. – Permit Required. Page 95 of 142 ORDINANCE NO._____Page 5 of 9 Ordinance Form 8-14-17 (a) It shall be unlawful for any person or entity to rent, or offer to rent, any short term rental without a valid short term rental permit issued under this article. (b) A permit issued under this article may not be transferred and does not convey with the property upon sale. Each new owner of a permitted or previously permitted dwelling unit must apply for a short term rental permit to rent property under the short term rental guidelines. (c) Each short term rental, shall be issued a permit with a unique permit number. The permit number must be included in any and all advertisements for the short term rental including internet booking sites. (d) A permit shall be valid for a period of one year from the date of issuance and may be renewed by applying in accordance with this article. Sec. 103-246. Permit Application. A person seeking a short term rental permit shall submit an application to the City Manager or designee. Said application shall be in writing, on a form provided by the City, and shall include the following information (if applicable): (b)The name, address, email address, and telephone number, of the property owner or operator. If the applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the registered agent; (c)For Short Term Rental I and II, proof that the premises is the claimed Brazos County homestead residence of the applicant, or the applicant may provide proof of application for the Brazos County Homestead Exemption for the property along with two of the following: motor vehicle registration, driver’s license, Texas State Identification card, voter registration, tax documents, or utility bill. Evidence of the Brazos County Homestead Exemption must be provided before permit renewal and may lead to permit denial if not received. (d)The name, address, email, and twenty-four (24) hour telephone number of a local contact person; (1) The local contact person is the person designated by the Operator who shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (A) responding in person within one hour to complaints regarding the condition, operation, or conduct of occupants of the short term rental unit; and (B) taking remedial action to resolve such complaints. The owner may be listed as the local contact. (e)The physical address of the short term rental; Page 96 of 142 ORDINANCE NO._____Page 6 of 9 Ordinance Form 8-14-17 (f)A statement that the Operator of the short term rental will comply with the requirements of this article and understands that the Operator is responsible and liable for any violations on the property; (g)Verification the applicant has no delinquent hotel occupancy taxes due on the property; (h)Such other information as the City Manager, or designee, deems reasonably necessary to administer this article. Sec. 103.247. Permit Requirements. (a) Life Safety Inspection. Prior to issuance of a short term rental permit, the Operator shall allow, with reasonable notice, an on-site inspection of the short term rental unit by the City Building Official or designee to ensure compliance with minimum health and safety requirements for use and occupancy. If a premises fails to pass an inspection, a re-inspection fee may be charged for each subsequent inspection in accordance with the fee established by resolution. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. Life Safety inspection may be waived for a renewing permit if all the following apply: (1) Unit is classified as Short Term Rental I; (2) Operator self-certifies compliance with life safety standards; and (3) Operator has not been found in violation of this article. (b) Hotel Occupancy Tax. It is a condition of the initial and continued validity of a Short Term Rental permit that the operator has paid and remains current on the payment of all hotel occupancy taxes owed to the City under the Texas Tax Code. (c) Fees. The Applicant shall pay a nonrefundable application fee established in Section 2- 117 upon submission of a short term rental application to the City. If a dwelling unit does not pass the initial life safety inspection, the applicant shall pay a non-refundable re-inspection fee established in Section 2-117. Sec. 103.248. Permit Denial and Revocation. (a)Denial of Permit. The permit application shall be denied and no permit shall be issued if the City finds that: (1)Any statement made in the application is incomplete, inaccurate, misleading, or false; Page 97 of 142 ORDINANCE NO._____Page 7 of 9 Ordinance Form 8-14-17 (2)The operator, its partners, officers, owners, and other principals have not paid to the City all fees due under this article; or (3)The applicant has had a short term rental permit revoked within the preceding 18 months. (b) Revocation of Permit. The City may revoke a permit for one or more of the following reasons: (1) The applicant fails to comply with or is in violation of any provision of the permit, City ordinances, or any other applicable law; (2)The application contains a false or misleading statement of material fact; (3)The authorized City official determines that the rental poses a serious threat to the public health, safety or welfare; or (4)Failure to remit hotel occupancy tax. (c)Notice of denial or revocation. The City shall provide written notice within ten (10) days of the denial or revocation of a permit to operator, which shall state the reason(s) for the decision and inform the operator of its right to appeal the decision in writing including when and to whom it must be delivered. Sec. 103.249. Renewing permit. (a)Renewing a permit. An Operator may file an application for renewal of the permit. The Administrator may deny the renewal if there is reasonable cause to believe that: (1)The applicant has violated any ordinance of the city, or any state, or federal law on the property or has permitted such a violation on the property by any other person; or (2) There are grounds for revocation or other sanction as provided in this article. Sec. 103.250. Appeal. (a)The applicant may appeal a denial of a permit by submitting in writing a notice to appeal, delivered to the City Manager’s office no later than five (5) business days after the denial or revocation decision. (b)The notice of appeal must be in writing and state the grounds for the appeal and why the determination should be reversed or modified. If the applicant makes a timely, written request for appeal, the City Manager or designee shall hold a hearing within ten (10) business days. (c)The applicant shall have the opportunity to be heard at the hearing. Page 98 of 142 ORDINANCE NO._____Page 8 of 9 Ordinance Form 8-14-17 (d) After the close of the hearing, the City Manager or designee shall make a determination concerning approval, denial, or modification of the permit within five (5) business days. Sec. 103-251. Exemption. (a) Previously Existing Non-Owner Occupied Short Term Rental. A Previously Existing Non-Owner Occupied Short Term Rental that was in use for the twelve (12) months preceding the effective date of this Article is allowed to continue, subject to the following: (1)An Owner/Operator must provide a sworn affidavit and demonstrate to the satisfaction of the City Manager or his or her designee that the Short Term Rental was being used as a Short Term Rental on a continuous basis for the twelve (12) months preceding the effective date of this Article; and (2)An Owner/Operator of a Short Term Rental provides proof in establishing that the Short Term Rental meets all requirements of this Section other than owner occupancy of the Short Term Rental; and (3)An Owner/Operator shows proof of remitted State and Local Hotel Occupancy Taxes due for a period that covers at least 6 of the 12 months, or 12 of the last 24 months immediately preceding the effective date of this Article; and (4)An Owner/Operator, within 60 days of the effective date of this section, applies for a Previously Existing Non-Owner Occupied Short Term Rental Exemption on an application provided for by the City; and (5)An Owner/Operator pays the Permit Fee as required by Sec. 2-117. (b) This Section shall apply until one of the following occurs: (1)The property permitted as a Previously Existing Non-Owner Occupied Short Term Rental is sold or conveyed to another owner; or (2)The property permitted as a Previously Existing Non-Owner Occupied Short Term Rental ceases to be used as a Short Term Rental for a continuous 12 month period; or (3)The property permitted as a Previously Existing Non-Owner Occupied Short Term Rental has been found to be in violation of this ordinance or other local or state law on three or more occasions. Sec. 103-252. Short Term Rental Operating Requirements. Each short term rental operator shall do the following: (a) Informational Brochure. Each operator shall provide to guests a brochure that includes: Page 99 of 142 ORDINANCE NO._____Page 9 of 9 Ordinance Form 8-14-17 (1) The operator’s 24-hour contact information; (2) Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; and (3)Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. (b) Life Safety Equipment. Each operator shall equip the dwelling unit with working smoke detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm if the dwelling uses natural gas or propane, and one working fire extinguisher for each floor of the dwelling. (c)Maintain the dwelling unit in compliance with applicable building and fire codes adopted by the City. (d)Collect and remit the hotel occupancy tax in accordance with Chapter 351 of the Texas Tax Code. The operator shall remit to the City of College Station fiscal services department, or designee, all city hotel occupancy taxes collected pursuant to state law by the last business day of the month following the month of collection. Sec. 103.253. Violation; penalties. It shall be unlawful for a short term rental operator to operate, maintain or conduct within the City a short term rental without first securing a permit, and/or without complying with all of the provisions of this article or any other law. Any person, firm or corporation violating any of the provisions of this article shall be punished as provided in Section 1-7. Failure to timely pay the hotel occupancy taxes is considered a violation of this article and may result in revocation of the permit. Owner shall have 30 days from the date the city or state issue a notice of delinquency to submit hotel occupancy tax to city and state before revocation of the short term rental permit begins. Page 100 of 142 June 25, 2020 Item No. 4.2. Repeal Ordinance Prohibiting Traffic Calming on Munson Avenue Sponsor:Troy Rother, Senior Engineer Reviewed By CBC:Transportation and Mobility Committee Agenda Caption:Public Hearing, presentation, discussion, and possible action on an ordinance repealing an existing ordinance that prohibits traffic calming on Munson Avenue. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of this ordinance. Summary: In 1999, a citywide ordinance was approved by the voters of College Station to prohibit traffic calming, specifically, speed humps, repetitive stop signs, and road closures on Munson between Lincoln Avenue and Harvey Road (SH 30). Since that time traffic counts and speed information has been collected along the corridor. The traffic volumes have decreased over this time from above 5,000 vehicles per day (vpd) to just over 3,000 vpd. However, the speeds along Munson have remained at about 33 mph. The neighborhood has requested that traffic calming be allowed on Munson Avenue, specifically speed humps. The neighborhood is seeking equal access to the City’s Traffic Calming ordinance that other neighborhoods have with regard to setting up a committee and developing a traffic calming plan for their neighborhood. The Transportation and Mobility Committee met in May and supported this neighborhood’s request to have the ordinance repealed. Note that per State law, an ordinance approved by the voters can only be removed by resident vote within 30 days of its passage. Because it has been over 20 years since the ordinance was originally passed, the repeal of this ordinance can only be done by the City Council. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.1999-2392 - Ordinance - 05071999 2.Munson Traffic Ord Repeal Page 101 of 142 ORDINANCE NO, 23~ AN O1/DI~ANCE OF THE CITY OF COLLEGE STATION, TEXAS, ADOPTING AN INITIAT~ ORDINANCE I~GULATING TRAFFIC ALONG MLr~SON DRIV~ 1~O~ LINCOLN AVEI~c~ TO I-IARV~Y ROAD. WHEREAS, the City of College Station received a certified initiative ordinance that was submitted in compliance with Article X of the City Charter of the City of College Station, Texas; and WHEREAS, the City Council submitted the issue to the voters for their consideration on May 1, 1999; and WHEREAS, at the election of May 1, 1999, the initiative ordinance passed by a 2-1 margin with 3,099 voting for the ordinance and 1,504 voting against the ordinance; and WHEREAS, the City of College Station City Council canvassed the election results on May 7, 1999 and found the results to be valid. Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1:That the City of College Station shall not block or restrict, or impair or discourage by use of barrier, speed humps, repetitive stop signs or otherwise, vehicular travel on to, over or via any portion of Munson Avenue, between Lincoln Drive Street/Avenue) and Harvey Road (State Highway 30), provided that this Ordinance shall not prohibit or restrict: (a) temporary closings for improvement or repair of street facilities or utilities, Co) the establishment and enforcement of vehicular speed limits, or (c) the use of traffic safety controls or devices consistent with standards commonly applied to other City thoroughfares, provided such limits, controls and devices are primarily intended to enhance the overall safety of such travel and not to discourage such travel. SECTION 2: That this Ordinance shall be published in the official newspaper in its entirety in accordance with City Charter Section 109. PASSED and APPROVED this 7th day of May, 1999. ATTEST: CONNIE Hu,)KS, C~,~y Sec ary APPROVED: LYNN' MCILHANEY, Ma~or APPROVED: rney c:hooks/muns99.doce Page 102 of 142 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE REPEALING ORDINANCE NO. 2392 REGARDING AN INITIATIVE ORDINANCE REGULATING TRAFFIC ALONG MUNSON DRIVE FROM LINCOLN AVENUE TO HARVEY ROAD, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, ADOPTED ON MAY 7, 1999, BY REPEALING THE ENTIRE ORDINANCE; 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 Ordinance No. 2392 regarding an initiative ordinance regulating traffic along Munson Drive from Lincoln Avenue to Harvey Road, of the Code of Ordinances of the City of College Station, Texas, adopted on May 7, 1999 of the Code of Ordinances of the City of College Station, Texas, be repealed as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 103 of 142 ORDINANCE NO._____Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ___ day of ___________, 2020 ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 104 of 142 ORDINANCE NO._____Page 3 of 3 Ordinance Form 8-14-17 EXHIBIT A That Ordinance No. 2392 regarding an initiative ordinance regulating traffic along Munson Drive from Lincoln Avenue to Harvey Road, of the Code of Ordinances of the City of College Station, Texas, adopted on May 7, 1999 of the Code of Ordinances of the City of College Station, Texas be repealed in its entirety. Page 105 of 142 June 25, 2020 Item No. 4.3. Public hearing, presentation, discussion and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,“ Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to PDD Planned Development District on approximately 33 acres of land located at 5604, 5900, & 6102 Rock Prairie Road. Sponsor:Rachel Lazo Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,“ Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to PDD Planned Development District on approximately 33 acres of land located at 5604, 5900, & 6102 Rock Prairie Road. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their June 18, 2020 Regular meeting. A written Final Report of the Planning & Zoning Commission will be available at the City Council meeting. Staff recommends approval of the rezoning. Summary: The applicant has proposed a PDD Planned Development District zoning for approximately 33 acres located in the College Station Medical District. The PDD is intended to be an expansion of the existing Midtown development. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The Comprehensive Plan Future Land Use and Character Map designates the subject property as General Suburban and Natural Areas – Reserved. The Comprehensive Plan generally describes the land uses as follows: General Suburban - areas that should have an intense level of development activities. These areas will tend to consist of high-density single-family residential lots. Townhomes, duplexes, and neighborhood commercial and office uses may also be permitted in growth areas. Natural Areas - areas that represent a constraint to development and that should be preserved for their natural function or open space qualities. These areas include floodplains and riparian buffers, as well as recreation facilities. The property is also within the area studied by the Medical District Master Plan (2012) and is shown as being appropriate for detached single-family homes. The subject property also lies within Growth Area III, which describes the General Suburban portion as follows: appropriate for high-density single-family lots, townhomes, and duplexes are appropriate and should incorporate specific design Page 106 of 142 criteria. The applicant is proposing a base zoning of GS General Suburban and NAP Natural Areas Protected which is consistent with the land uses identified in the Medical District Master Plan and the Comprehensive Plan’s Future Land Use and Character Map. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject property is adjacent to PDD Planned Development District zoning to the east, R Rural and GS General Suburban to the north, but otherwise is surrounded by undeveloped R Rural zoned property. Much of the surrounding property is owned by the City of College Station as parkland and greenway. The proposed PDD zoning is compatible with the neighboring PDD’s residential and mixed-use land uses which support the nearby medical uses. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The applicant is proposing to rezone two tracts, totaling approximately 33 acres, which will have direct frontage along Rock Prairie Road. The tracts are part of the larger Midtown development and is suitable for development of the proposed uses because it is large and under one master plan, has access from Rock Prairie Road, Midtown Drive, Town Lake Drive, several other future unnamed thoroughfares, and connects to the City’s existing trail system. The subject property is bisected by a tributary of Lick Creek, which will be protected by the proposed NAP Natural Areas Protected zoning and provide space for a future multi-use path alongside the tributary. 4. Whether there is available water, wastewater, stormwater, and transportation facilities: Water and sewer service will be provided by the City of College Station. There is an existing water line along Rock Prairie Rd. Additional water lines, and sewer lines will be projected to this property from the existing Midtown PDD as is shown in an updated Preliminary Plan currently under review by staff. There is adequate capacity of both water and sewer for this development based on the anticipated demand provided by the developer. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject tract has frontage to Rock Prairie Road which is designated as a future 4-lane Major Arterial and currently constructed as a 2-lane rural collector in this section. Double Mountain Road, a future Minor Collector, will be extended with the platting of the tract which provides a connection to Town Lake Drive. The traffic impact analysis (TIA) performed for the development has been updated to include the additional single-family uses proposed within the boundary of this rezoning request. The updated TIA determined that additional mitigation beyond what was already identified in the original TIA is not needed. 5. The marketability of the property: The property can be marketed under the current zoning of R Rural which allows for large-lot residential uses. However, the marketability of the property would increase if rezoned for dense single-family residential, as proposed. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking Page 107 of 142 areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. Purpose, Intent and Community Benefit: The City’s Medical District Master Plan recognizes the importance of developing this area as an urban environment with both the density and the mix of uses to serve the area with offices, services, and retail, as well as living opportunities for employees and patrons of the area. The intent is for this area to serve as a Health and Wellness District that would provide a Live-Work-Play environment with enhanced pedestrian facilities and destinations. In order to construct a more urban environment, some of the City’s existing development standards must be modified. In general, structures are proposed to have minimal setbacks, few height limitations, and no buffers between uses. Additionally, availability of public parking is considered very important to the success of the development. To encourage a healthy lifestyle, site enhancements will be made throughout to provide pedestrian traffic within and through the site for both recreation and commuting. This will be accomplished in part by providing trail connections to the Lick Creek hike and bike trail and enhanced recreational amenities around the existing pond within the development. To provide walkable vibrant urban environment, the public realm should be supported by landscape, site furniture, outdoor plazas and art. The urban design and mixed-use nature of the development will create the need for enhanced urban amenities such as benches and other site furniture, street trees, enhanced paving materials, and wide sidewalks. All street furniture and amenities as well as placement will be standardized according to the district’s architectural guidelines. Street light standards are proposed to be distinct to the District and will be coordinated between the City and the District. Page 108 of 142 Base Zoning Districts: The PDD Planned Development District zoning includes the following base zoning districts and all requirements associated with those base zoning districts shall apply except where specifically modified herein. The PDD Planned Development District zoning includes base zoning districts, GS General Suburban with modifications (for the area described as “Residential” in Concept Plan, and NAP Natural Areas Protected (for the area described as “Natural Areas” in Concept Plan). The PDD includes a number of modifications, listed below, to realize the urban proposal. In addition, amendments to Preliminary Plans and their associated Final Plats are proposed to be taken through the review process and to the Planning and Zoning Commission concurrently, at the request of the developer. Permitted Uses: Town Center Residential: GS General Suburban uses with the following additional uses, as defined in the Unified Development Ordinance: • Boarding and Rooming House • Duplex • Multi-family (maximum of four (4) units) • Townhouse • Single-unit dwelling • Two-unit dwelling • Cottage Green Single-Family (**as defined below) ** Cottage Green is defined as a grouping of detached single-family dwelling units clustered around a common open space developed with a common plan for the site. Residential lots may front on an alley (no street frontage) so long as fire protection is maintained. Green clusters will have parking associated with the common development, but not necessarily with each lot. Modifications: The requested modifications are as follows: • Section 12-5.2 Residential Dimensional Standards -Variances to the General Suburban standards for the Town Center Residential area. Average Lot Area per Dwelling Unit (DU) No Minimum Absolute Min. Lot Area per Dwelling Unit (DU) 1500 SF Min. Lot Width No Minimum Min. Lot Depth No Minimum Min. Front Setback(H) 10' Min. Side Setback 5'(A) Min. Side Street Setback 10’ Min. Side Setback between Structures 10' Min. Rear Setback No Minimum Max. Height No Max Max. Dwelling Units/Acre (Subdivision Gross) 16 (A) Zero lot line construction is allowed so long as a minimum distance of 10’ between structures is maintained. Page 109 of 142 • Section 12-7.3 Off-Street Parking Standards – Parking space requirements for the residential uses will be: -One (1) parking space for the first bedroom and 0.5 spaces for each additional bedroom • Section 12-7.6 Landscape and Tree Protection - The following modifications are proposed: -Section 12-7.6.B.2.a - As denser urban conditions are requested in the residential areas, a minimum of one tree (canopy or non-canopy) is required in the front yard of townhouse or single-family residential. This is a variance from the General Suburban requirement of 2 trees canopy trees (or one minimum 4” canopy tree) for each lot. • Section 12-8.3 General Requirements & Minimum Standards of Design for Subdivisions within the City Limits. Enjoyable, well-designed streets define the character of the district. They should support high levels of walking and bicycling, as well as vehicular traffic and parking. Modifications are requested to the following sections of the Subdivision Regulations. -12-8.3.E.8.a Geometric Standards, Street Design Criteria (exceptions noted below in “Optional Modifications to Street Design Standards”) -12-8.3.H.1.h Lot frontage on a public street -Residential lots that front on a common courtyard or access lot will have access to public streets through alleys. Optional Modifications to Street Design Standards: The following options for alternative street design may be used in lieu of other applicable requirements. If the following described street design is used, then all listed modifications should be included in the design: Town Center Residential: Right-of-Way & Easements • Standard street Right-of-Way (ROW) widths • As bicycle facilities are standard on thoroughfares, if parking is desired, then additional ROW width is needed to accommodate separated bike lanes and parking. • Ten (10) foot Public Utility Easements (PUE) provided adjacent to each side of the ROW and within proposed ten (10) foot building setback. • Utilities will be located within the ROW or PUE with no additional width of ROW or PUE dedication required •Utilities may not be located under vehicular pavement, with the exception of crossings. Utilities can be located in other areas within the ROW or PUE such that they will not affect the building setback. -Utilities are permitted under sidewalks. -Storm sewer is permitted under the street. • Additional PUE will not be required if depth of utility exceeds the standard depth. Maximum 10-foot PUE. • Water and wastewater lines will be located at least 15 feet from the permitted setback of structures (or at least five (5) feet inside of the ROW) • Exceptions may be made to the standard 15’ building separation from a pressurized water line and/or wastewater line for minor conflicts to ensure the 10’ building setback is not affected. Building Setbacks from Right-of-Way • A minimum of ten (10) foot building setbacks from the property line/ROW line • Utility placement will be such that structures may be erected at the Ten (10) foot setback line Page 110 of 142 Pavement Width and Parking • On-street parking is permitted at the time of development. As public streets, if the City desires to remove parking in the future for public safety or other reasons, it may do so at its discretion with approval of a parking removal ordinance. • Minimum pavement width is 27 feet (back of curb) and meeting all other standards. • Phases of development with all pavement widths of at least 30 feet (back of curb) do NOT have to comply with “Single-Family Residential parking Requirements for Platting” (Unified Development Ordinance Section 12-8.3.W). • Residential sidewalks will be a minimum of six (6) feet in width. Tree Placement • Canopy and non-canopy trees may be planted in residential front yards within the 10-ft setback/PUE so long as canopy trees are not located over water or wastewater lines Floodplain & Detention: A drainage analysis is required to determine the extent of detention needed on site, as required by the Unified Development Ordinance. The developer or the Municipal Management District is responsible for providing all storm water detention facilities. After construction, all storm water detention facilities will be maintained by the Rock Prairie Municipal Management District Number 2 MMD. Floodplain mitigation may be appropriate in areas designated as Natural Areas if located inconspicuously and approved by the City Engineer. Parkland: Community and Neighborhood Parkland and Park Development will be provided in the existing Midtown Development. The exact acreage required for dedication will be based on the number of dwelling units developed. All park and public spaces will be maintained by MMD. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Aerial and Small Area Maps 4.Applicant Supporting Information 5.Rezoning Exhibit 6.Rezoning Map 7.Concept Plan Page 111 of 142 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO PDD PLANNED DEVELOPMENT DISTRICT ON APPROXIMATELY 33 ACRES OF LAND LOCATED AT 5604, 5900, & 6102 ROCK PRAIRIE ROAD AS DESCRIBED 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 Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 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,” Exhibit “B,” Exhibit “C,” and Exhibit “D” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 112 of 142 ORDINANCE NO. ____________Page 2 of 11 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 25th day of June, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 113 of 142 ORDINANCE NO. ____________Page 3 of 11 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to PDD Planned Development District: Page 114 of 142 ORDINANCE NO. ____________Page 4 of 11 Ordinance Form 08-27-19 Page 115 of 142 ORDINANCE NO. ____________Page 5 of 11 Ordinance Form 08-27-19 Page 116 of 142 ORDINANCE NO. ____________Page 6 of 11 Ordinance Form 08-27-19 Exhibit B PDD Development Standards Purpose, Intent and Community Benefit: The City’s Medical District Master Plan recognizes the importance of developing this area as an urban environment with both the density and the mix of uses to serve the area with offices, services, and retail, as well as living opportunities for employees and patrons of the area. The intent is for this area to serve as a Health and Wellness District that would provide a Live-Work-Play environment with enhanced pedestrian facilities and destinations. In order to construct a more urban environment, some of the City’s existing development standards must be modified. In general, structures are proposed to have minimal setbacks, few height limitations, and no buffers between uses. Additionally, availability of public parking is considered very important to the success of the development. To encourage a healthy lifestyle, site enhancements will be made throughout to provide pedestrian traffic within and through the site for both recreation and commuting. This will be accomplished in part by providing trail connections to the Lick Creek hike and bike trail and enhanced recreational amenities around the existing pond within the development. To provide walkable vibrant urban environment, the public realm should be supported by landscape, site furniture, outdoor plazas and art. The urban design and mixed-use nature of the development will create the need for enhanced urban amenities such as benches and other site furniture, street trees, enhanced paving materials, and wide sidewalks. All street furniture and amenities as well as placement will be standardized according to the district’s architectural guidelines. Street light standards are proposed to be distinct to the District and will be coordinated between the City and the District. Base Zoning Districts: The PDD Planned Development District zoning includes the following base zoning districts and all requirements associated with those base zoning districts shall apply except where specifically modified herein. The PDD Planned Development District zoning includes base zoning districts, GS General Suburban with modifications (for the area described as “Residential” in Concept Plan, and NAP Natural Areas Protected (for the area described as “Natural Areas” in Concept Plan). The PDD includes a number of modifications, listed below, to realize the urban proposal. In addition, amendments to Preliminary Plans and their associated Final Plats are proposed to be taken through the review process and to the Planning and Zoning Commission concurrently, at the request of the developer. Permitted Uses: Town Center Residential: GS General Suburban uses with the following additional uses, as defined in the Unified Development Ordinance: Boarding and Rooming House Duplex Page 117 of 142 ORDINANCE NO. ____________Page 7 of 11 Ordinance Form 08-27-19 Multi-family (maximum of four (4) units) Townhouse Single-unit dwelling Two-unit dwelling Cottage Green Single-Family (**as defined below) o ** Cottage Green is defined as a grouping of detached single-family dwelling units clustered around a common open space developed with a common plan for the site. Residential lots may front on an alley (no street frontage) so long as fire protection is maintained. Green clusters will have parking associated with the common development, but not necessarily with each lot. Modifications: The requested modifications are as follows: Section 12-5.2 Residential Dimensional Standards o Variances to the General Suburban standards for the Town Center Residential area. Average Lot Area per Dwelling Unit (DU)No Minimum Absolute Min. Lot Area per Dwelling Unit (DU)1500 SF Min. Lot Width No Minimum Min. Lot Depth No Minimum Min. Front Setback(H)10' Min. Side Setback 5'(A) Min. Side Street Setback 10’ Min. Side Setback between Structures 10' Min. Rear Setback No Minimum Max. Height No Max Max. Dwelling Units/Acre (Subdivision Gross)16 (A)Zero lot line construction is allowed so long as a minimum distance of 10’ between structures is maintained. Section 12-7.3 Off-Street Parking Standards – Parking space requirements for the residential uses will be: o One (1) parking space for the first bedroom and 0.5 spaces for each additional bedroom Section 12-7.6 Landscape and Tree Protection - The following modifications are proposed: o Section 12-7.6.B.2.a - As denser urban conditions are requested in the residential areas, a minimum of one tree (canopy or non-canopy) is required in the front yard of townhouse or single-family residential. This is a variance from the General Suburban requirement of 2 trees canopy trees (or one minimum 4” canopy tree) for each lot. Section 12-8.3 General Requirements & Minimum Standards of Design for Subdivisions within the City Limits. Enjoyable, well-designed streets define the character of the district. They should support high levels of walking and bicycling, as Page 118 of 142 ORDINANCE NO. ____________Page 8 of 11 Ordinance Form 08-27-19 well as vehicular traffic and parking. Modifications are requested to the following sections of the Subdivision Regulations. o 12-8.3.E.8.a Geometric Standards, Street Design Criteria (exceptions noted below in “Optional Modifications to Street Design Standards”) o 12-8.3.H.1.h Lot frontage on a public street Residential lots that front on a common courtyard or access lot will have access to public streets through alleys. Optional Modifications to Street Design Standards: The following options for alternative street design may be used in lieu of other applicable requirements. If the following described street design is used, then all listed modifications should be included in the design: Town Center Residential: Right-of-Way & Easements Standard street Right-of-Way (ROW) widths As bicycle facilities are standard on thoroughfares, if parking is desired, then additional ROW width is needed to accommodate separated bike lanes and parking. Ten (10) foot Public Utility Easements (PUE) provided adjacent to each side of the ROW and within proposed ten (10) foot building setback. Utilities will be located within the ROW or PUE with no additional width of ROW or PUE dedication required Utilities may not be located under vehicular pavement, with the exception of crossings. Utilities can be located in other areas within the ROW or PUE such that they will not affect the building setback. o Utilities are permitted under sidewalks. o Storm sewer is permitted under the street. Additional PUE will not be required if depth of utility exceeds the standard depth. Maximum 10-foot PUE. Water and wastewater lines will be located at least 15 feet from the permitted setback of structures (or at least five (5) feet inside of the ROW) Exceptions may be made to the standard 15’ building separation from a pressurized water line and/or wastewater line for minor conflicts to ensure the 10’ building setback is not affected. Building Setbacks from Right-of-Way A minimum of ten (10) foot building setbacks from the property line/ROW line Utility placement will be such that structures may be erected at the Ten (10) foot setback line Pavement Width and Parking On-street parking is permitted at the time of development. As public streets, if the City desires to remove parking in the future for public safety or other reasons, it may do so at its discretion with approval of a parking removal ordinance. Minimum pavement width is 27 feet (back of curb) and meeting all other standards. Phases of development with all pavement widths of at least 30 feet (back of curb) do NOT have to comply with “Single-Family Residential parking Page 119 of 142 ORDINANCE NO. ____________Page 9 of 11 Ordinance Form 08-27-19 Requirements for Platting” (Unified Development Ordinance Section 12- 8.3.W). Residential sidewalks will be a minimum of six (6) feet in width. Tree Placement Canopy and non-canopy trees may be planted in residential front yards within the 10-ft setback/PUE so long as canopy trees are not located over water or wastewater lines Floodplain & Detention: A drainage analysis is required to determine the extent of detention needed on site, as required by the Unified Development Ordinance. The developer or the Municipal Management District is responsible for providing all storm water detention facilities. After construction, all storm water detention facilities will be maintained by the Rock Prairie Municipal Management District Number 2 MMD. Floodplain mitigation may be appropriate in areas designated as Natural Areas if located inconspicuously and approved by the City Engineer. Parkland: Community and Neighborhood Parkland and Park Development will be provided in the existing Midtown Development. The exact acreage required for dedication will be based on the number of dwelling units developed. All park and public spaces will be maintained by MMD. Page 120 of 142 ORDINANCE NO. ____________Page 10 of 11 Ordinance Form 08-27-19 Exhibit C Page 121 of 142 ORDINANCE NO. ____________Page 11 of 11 Ordinance Form 08-27-19 Exhibit D Page 122 of 142 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: June 18, 2020 Advertised Council Hearing Date: June 25, 2020 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: Carter Lake HOA Property owner notices mailed: 17 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: One at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Suburban R Rural and GS General Suburban Rural Residential South General Suburban R Rural and PDD Planned Development District Wellborn Baptist Church East General Suburban R Rural Undeveloped West General Suburban R Rural and PDD Planned Development District Rock Prairie Baptist Church and Future Midtown Single-Family DEVELOPMENT HISTORY Annexation: Frontage along Rock Prairie Road was annexed in 1983. The remainder was annexed in 1995. Zoning: A-O Agricultural Open upon annexation A-O renamed R Rural (2013) Final Plat: Unplatted Site development: Rural Residential Page 123 of 142 Page 124 of 142 Page 125 of 142 Page 126 of 142 Name of Project:MIDTOWN EXPANSION Address:5604 ROCK PRAIRIE RD Legal Description:A000901, THOMAS CARRUTHERS (ICL), TRACT 34, 13.996 ACRES Total Acreage:33.342 Applicant:: Property Owner:CARTWHEEL PRAIRIE LLC SCHULTZ ENGINEERING LLC List the changed or changing conditions in the area or in the City which make this zone change necessary. There is a demand for single family housing in College Station and the zone change is necessary for development of the property. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. The zone change is in accordance with the Comprehensive Plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The current zoning would only allow for approximately 10 large single family lots. Explain the suitability of the property for uses permitted by the rezoning district requested. The requested zoning district will allow the expansion of the Midtown Development Residential. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 127 of 142 Explain the suitability of the property for uses permitted by the current zoning district. The requested zoning district will allow the expansion of the Midtown Development Residential. Explain the marketability of the property for uses permitted by the current zoning district. There is no marketability for the property permitted by the current zoning district since the land value would have to be very minimal in order to develop large residential lots. List any other reasons to support this zone change. Development of this property will allow the Midtown Residential Development to have additional access to Rock Prairie Road. Page 2 of 2 Page 128 of 142 ROCK PRA IR IE ROAD HARRIS DRIV E EXISTING ZONING: RURAL (R) PROPOSED ZONING: PLANNED DEVELOPMENT DISTRICT (PDD) TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER: ZONING MAP MIDTOWN EXPANSION 33.342 ACRES THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY, TEXAS RURAL (R) TO PLANNED DEVELOPMENT DISTRICT (PDD) SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: AS SHOWN MAY 2020 OWNER/DEVELOPER: OWNER ### Street Name City, TX ##### (###) ###-#### VICINITY MAP NOT TO SCALE ROCK P R A I R I E R O A DHARRIS DRIVELEGEND Page 129 of 142 Page 130 of 142 ROCK PRA IR IE ROAD HARRIS DRIV E OWNER/DEVELOPER: OWNER ### Street Name City, TX ##### (###) ###-#### TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER: CONCEPT PLAN MIDTOWN EXPANSION 33.342 ACRES THOMAS CARUTHERS LEAGUE, A-9 COLLEGE STATION, BRAZOS COUNTY, TEXAS RURAL (R) TO PLANNED DEVELOPMENT DISTRICT (PDD) SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: AS SHOWN MAY 2020 VICINITY MAP NOT TO SCALE ROCK P R A I R I E R O A DHARRIS DRIVELEGEND Page 131 of 142 June 25, 2020 Item No. 4.4. Changes to the Special Events Ordinance. Sponsor:Barbara Moore, Assistant to the City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding changes to the Special Events Ordinance. Relationship to Strategic Goals: Good Governance Financial Stability Diverse and Growing Economy Sustainable City Recommendation(s): Staff recommends approval of the proposed changes to the special events ordinance. Summary: The changes to the special events ordinance will allow the City Managers or his designee more flexibility on making decisions regarding special events. Other changes to the ordinance are: clarifications on the definition of a special event on city property and other locations and the number of day of operation a special event can be held during a calendar year. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 132 of 142 June 25, 2020 Item No. 4.5. Ordinance Extending Mayoral Renewal of Disaster Declaration Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend Council adopt the ordinance. Summary: On March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARSCoV2, (COVID-19). On March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19. On March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020. On March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020. On March 30, 2020, the College Station City Council adopted an ordinance consenting and approving the Second Mayoral Order. On April 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 23, 2020, the College Station City Council consented with Ordinance 2020-4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal. On May 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 28, 2020, the College Station City Council consented with Ordinance 2020-4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal. On June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. Page 133 of 142 Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.June 25 Disaster Declaration Ordinance Renewal Page 134 of 142 ORDINANCE NO.__________ DISASTER DECLARATION RENEWAL AND EXTENSION ORDINANCE WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020 Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented to Second Mayoral Order of March 23rd mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on April 21, 2020 the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020 both consented too and extended by the City Council on March 23rd in Ordinance No. 2020-4164; and WHEREAS; on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor’s April 21, 2020 Disaster Declaration Renewal; and WHEREAS; on May 22, 2020 the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020 and April 21, 2020; and WHEREAS; on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor’s May 22, 2020 Disaster Declaration Renewal; and WHEREAS; on June 22, 2020 the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and Page 135 of 142 Ordinance No Page 2 of 3 WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, §418.108(b) of the Texas Government Code provides that a local state of disaster may not be continued for a period of excess of seven days without the consent of the governing body of the political subdivision; NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF COLLEGE STATION: 1. That the state of disaster renewal proclaimed by the Mayor on June 22, 2020, as set out in Exhibit A is consented to and extended by the College Station City Council and shall continue until terminated by the College Station City Council. 2. This Ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the 25th day of June, 2020. PASSED AND ADOPTED, this 25th day of June, 2020. APROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APROVED: ___________________ City Attorney Page 136 of 142 Ordinance No Page 3 of 3 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON JUNE 22, 2020 Page 137 of 142 DECLARATION OF DISASTER RENEWAL WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020 Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented to Second Mayoral Order of March 23rd mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS, on April 21, 2020, the Mayor of College Station issued Declaration Renewing the Disaster Declaration of March 17th and March 18th Order and Amended Declaration; and WHEREAS; on April 23, 2020, the College Station City Council consented to the April 21, 2020 Disaster Declaration Renewal with Ordinance 2020-4169; and WHEREAS, on May 22, 2020, the Mayor of College Station issued Declaration Renewing the Disaster Declarations of March 17th and of April 21st; and WHEREAS; on May 28, 2020, the College Station City Council consented to the May 22, 2020 Disaster Declaration Renewal with Ordinance 2020-4181; and WHEREAS, the conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist beyond thirty days requiring the Mayor to renew the state of disaster according to Texas Government Code §418.014; and Page 138 of 142 Disaster Declaration Renewal Page 2 of 2 COVID-19 WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEGE STATION: 1. Pursuant to §418.014 of the Texas Government Code the state of disaster is hereby renewed as proclaimed by the Mayor on March 17, 2020, April 21, 2020 and May 22, 2020 are renewed, until terminated by the College Station City Council. 2. Pursuant to §418.108(b) of the Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration, unless continued or renewed by the City Council of College Station. 3. Pursuant to §418.108(c) of the Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. That this proclamation shall take effect on June 22, 2020. DECLARED this 22nd day of June, 2020. APROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APROVED: ___________________ City Attorney Page 139 of 142 June 25, 2020 Item No. 4.6. Resolution Authorizing Application for Grant Funds from CRF Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a Resolution Authorizing Application for Coronavirus Relief Fund Grant from TDEM. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends approval of this resolution. Summary: The State of Texas is providing payments distributed in the form of grants to local units of government from the Coronavirus Relief Fund (CRF). The City will receive $6,434,890 from the CRF. This resolution authorizes the City Manager to file an application for Coronavirus Relief Funds (CRF) from the State. Under Section 601(a) of the Social Security Act, as added by Section 5001 of the CARES Act, these funds may only be used to cover costs that: are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the state or government; and were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. Categories of Eligible Expenditures include: medical expenses, public health expenses, payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency; expenses of actions to facilitate compliance with COVID-19 related public health measures; expenses associated with the provision of economic support in connection with the COVID-19 public health emergency; and any other COVID-19 related expenses reasonably necessary to the function of government that satisfy the fund’s eligibility criteria. Staff will work to determine the best use of these funds. Budget & Financial Summary: Resolution authorizing application for $6,434,890 in CRF grant funds. Reviewed & Approved by Legal: No Attachments: 1.Resolution Page 140 of 142 RESOLUTION NO. A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, AUTHORIZING THE FILING OF AN APPLICATION FOR CORONAVIRUS RELIEF FUND GRANT; DIRECTING AND AUTHORIZING THE CITY MANAGER AS THE CITY’S OFFICIAL REPRESENTATIVE OR HIS DESIGNEE TO ACT IN CONNECTION WITH THE APPLICATION AND TO PROVIDE SUCH INFORMATION AS MAY BE REQUIRE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of College Station, Texas (“City”) is a home-rule municipal corporation duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City and other political subdivisions within its jurisdiction have used, and will continue to use, funds for necessary expenditures incurred due to the public health emergency and governor’s disaster declaration on March 13, 2020, with respect to the Coronavirus Disease 2019 (COVID-19); and WHEREAS, such funds were not accounted for in the budget most recently approved as of March 27, 2020, by the City or other political subdivisions and have been or will be incurred during the period that begins on March 1, 2020, and ends on December 30, 2020; and WHEREAS, the State of Texas (the “State”) is providing payments distributed in the form of grants to local units of government from the Coronavirus Relief Fund (“CRF”) established within section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Act, Relief, and Economic Security Act (“CARES Act”); and WHEREAS, the City has authority to apply for a grant from the CRF and desires to authorize the filing of the State’s required application, including all understandings and assurances contained therein, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council of the City of College Station, Texas, hereby officially authorized the filings of the application, including all understandings and assurances contained therein, for a grant by the State from the CRF. PART 2:That the City Manager as the official representative of the City or his designee is directed and authorized to act in connection with the application and to provide such additional information as may be required. PART 3:That this Resolution shall take effect immediately from and after its passage. Page 141 of 142 RESOLUTION NO. __________Page 2 of 2 ADOPTED this 25th day of June, A.D. 2020. ATTEST:APPROVED: ____________________________________ City Secretary MAYOR APPROVED: City Attorney Page 142 of 142