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HomeMy WebLinkAbout05/26/2022 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: https://zoom.us/j/96728393278 Phone: 888 475 4499 and Meeting ID: 967 2839 3278 May 26, 2022 4:00 PM City Hall Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person only. 1.Call to Order. 2.Executive Session is Closed to the Public and Will Be Held in the 1938 Executive Conference Room. The Open Meeting Will Resume No Earlier Than 5:00 PM. Consultation with Attorney {Gov’t Code Section 551.071}; Possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney- client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed. Litigation a. 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 b. 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 c. 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 Legal Advice a. Legal advice regarding open meetings requirements, council members’ role related to council appointed committees, and other issues related to council members’ role. Real Estate {Gov't Code Section 551.072}; Possible action. The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Real estate negotiations for property generally located at the intersection of State Highway 6 and Venture Drive in the College Station Business Center. Page 1 of 299 City Council Page 2 May 26, 2022 Personnel {Gov’t Code Section 551.074}; Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. City Attorney b. City Secretary c. Council Self-Evaluation Competitive Matters {Gov't Code Section 551.086); Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as that term is defined in Gov't Code Section 552.133 in closed session. The following is a general representation of the subject matter to be considered: a. Power Supply 3.Reconvene from Executive Session and Take Action, if Any. 4.Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who wishes to address the City Council regarding any item on the agenda other than those items posted for Executive Session must register with the City Secretary two (2) hours prior to the meeting being called to order. Individuals shall register to speak or provide written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979-764- 3500. 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. Please do not carry purses, briefcases, backpacks, liquids, foods or any other object other than papers or personal electronic communication devices to the lectern, nor advance past the lectern unless you are invited to do so. 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 three (3) minute mark the City Secretary will announce that the speaker must conclude their remarks. 5.Presentation - Proclamations, Awards, and Recognitions. 5.1.Presentation to recognize three students from College Station that received a College Station Arts Scholarship. Sponsors:Tanya Smith Attachments:None 6.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. 7.Workshop Items. 7.1.Presentation, discussion, and possible action on demonstration programs to promote neighborhood revitalization. Page 2 of 299 City Council Page 3 May 26, 2022 Sponsors:Alyssa Halle-Schramm, David Brower Attachments:None 7.2.Presentation, discussion, and possible action on a report on electrical transformer costs. Sponsors:Timothy Crabb Attachments:None 7.3.Presentation, discussion, and possible action regarding a report on economic indicators for the City of College Station. Sponsors:Natalie Ruiz Attachments:None 8.Consent Agenda. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. 8.1.Presentation, discussion, and possible action of minutes for: April 28, 2022 Council Meeting May 6, 2022 Special Meeting May 18, 2022 Special Meeting Sponsors:Tanya Smith Attachments:1.CCM042822 DRAFT Minutes 2.SPM050622 DRAFT Minutes 3.SPM051822 DRAFT Minutes 8.2.Presentation, discussion, and possible action on an Interlocal Agreement with Texas A&M University providing animal control services to the university. Sponsors:Chris Perkins Attachments:1.C2022-7651 Inter-Local Agreement City of College Station 8.3.Presentation, discussion, and possible action regarding the approval of an annual purchase agreement for Topsoil, Sand, Concrete Rip Rap bid to BPI Materials, LLC. in an amount not to exceed $162,212.50 to provide materials for city use. Sponsors:Emily Fisher Attachments:1.22-046 BID AWARD 041322 8.4.Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with BCS Curb Appeal Maintenance, LLC for the collection of recyclables from commercial businesses and multi-family locations. Sponsors:Emily Fisher Attachments:1.22300463 BCS Curb Appeal Maintenance LLC - COCS Recyclables Franchise Agreement 8.5.Presentation, discussion, and possible action regarding Change Order 1 deducting the amount of $363,150 from the Professional Services contract with Quiddity Engineering, LLC for the Victoria Rehabilitation project. Sponsors:Emily Fisher Page 3 of 299 City Council Page 4 May 26, 2022 Attachments:1.Change Order 1 - Closing Contract 8.6.Presentation, discussion, and possible action regarding a professional services contract with Quiddity Engineering, LLC in the amount of $182,900 for adding roundabouts and sidewalks on Victoria Avenue. Sponsors:Emily Fisher Attachments:1.Project Map1 2.Victoria Scope and Fee 8.7.Presentation, discussion, and possible action regarding a Change Order to a Community Development Block Grant Funding Agreement with Bryan-College Station Habitat for Humanity in the amount of $200,000 for the development at 14015 Renee Lane, the extension of the contract term, and a change to the Statement of Work reducing the number of house to be developed. Sponsors:Debbie Eller Attachments:1.Attachment 1 - Request for Additional Funding 2022 2.Attachment 2 - Change Order #1 8.8.Presentation, discussion, and possible action to approve the provision of services by Global Payments Direct, Inc. (“Global”) for Credit Card Payment Processing Services by approving Amendment No. 4 which renews the agreement and formally downward adjusts the annual estimated expenditure to $250,000. Sponsors:Mary Ellen Leonard Attachments:1.Global Payments Amendment 4 Letter Agreement 8.9.Presentation, discussion, and possible action on approving an annual contract for the on-site security operations for City-sponsored events and security detail for Northgate, through the General Services Administration (GSA) Cooperative. The estimated annual expenditure is $160,000. Sponsors:Mary Ellen Leonard Attachments:1.22300486 - BW 8.10.Presentation, discussion, and possible action on renewing a subscription agreement with Gartner, Inc. for $149,378. Sponsors:Sam Rivera Attachments:1.GartnerContract 8.11.Presentation, discussion, and possible action regarding a contract in the amount of $206,193 with Quality Works Construction, Inc. for Lincoln Center Park Improvements that includes the replacement of playground equipment. Sponsors:Debbie Eller Attachments:1.1 - ITB 22-049 Bid Tabulation 2.22300516 Quality Works Construction 8.12.Presentation, discussion, and possible action regarding an animal sheltering services agreement with the Aggieland Humane Society. Sponsors:Chris Perkins Attachments:1.CS Animal Shelter Agreement FY 2023-2027 2.FYE 2023 College Station Package Page 4 of 299 City Council Page 5 May 26, 2022 8.13.Presentation, discussion, and possible action regarding approval of Change Order 1 for the City’s annual price agreement with Techline Inc., for electric materials in inventory for the amount of $280,934.00 for an increase not to exceed total amount of $1,584,623.25. The original annual price agreement was for a not-to-exceed total amount of $1,303,689.25. Sponsors:Mary Ellen Leonard Attachments:1.22300068Chg Ord 1 Techline Inc AA 8.14.Presentation, discussion, and possible action regarding a design contract with Binkley and Barfield, Inc in the amount of $641,661 for design and construction phase service for the rehabilitation of Krenek Tap Road and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Sponsors:Emily Fisher Attachments:1.Krenek Tap Location Map 2.ST2101 WW2203 DRR 3.Krenek Tap Scope and Fee 4.13.22 8.15.Presentation, discussion, and possible action regarding Change Order 1 to a construction services contract with Weisinger, INC. in the amount of $190,000. Sponsors:Gary Mechler Attachments:1.Rehabilitation of Waterwells 1 & 2 Change Order No. 1 8.16.Presentation, discussion, and possible action for the purchase of two well motors for the rehabilitation of Waterwells 1 & 2 project through the Aggiebuy cooperative with Evans Enterprises, Inc. in the amount of $141,213.30. Sponsors:Gary Mechler Attachments:1.Well Motors Quote (Final) 8.17.Presentation, discussion, and possible action on rejecting all bid responses and canceling the bid to purchase fiber optic cable. Sponsors:Sam Rivera Attachments:None 9.Regular Agenda. 9.1.Public Hearing, presentation, discussion, and possible action regarding a substantial amendment to the 2021 Annual Action Plan to include the City of College Station HOME Investment Partnerships Program - American Rescue Plan Allocation Plan funds in the amount of $1,740,263 to provide homelessness assistance and supportive services. Sponsors:Debbie Eller Attachments:None 9.2.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 PDD Planned Development District to PDD Planned Development District with a base zoning of MF Multi-Family for approximately 8.91 acres located at 1898 Arnold Road. Sponsors:Robin Macias Attachments:1.Ordinance 2.Vicinity, Aerial, and Small Area Map Page 5 of 299 City Council Page 6 May 26, 2022 3.Background Information 4.Applicant's Supporting Information 5.Rezoning Map 6.Existing Future Land Use Map 7.Original Zoning Ordinance 8.Proposed Concept Plan 9.Proposed Exhibit B 9.3.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 PDD Planned Development District to PDD Planned Development District with a base zoning of MF Multi-Family for approximately 5 acres located at 404 Harvey Mitchell Parkway South. Sponsors:Jesse Dimeolo Attachments:1.Ordinance 2.Vicinity, Aerial, and Small Area Map 3.Background Information 4.Applicants Supporting Information 5.Rezoning Exhibit 6.Rezoning Map 7.Existing Future Land Use Exhibit 8.Original PDD Ordinance 9.Concept Plan - Proposed 9.4.Presentation, discussion, and possible action regarding a Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Sponsors:Carol Cotter Attachments:1.Impact Fee Semi-Annual Report 2.Future Land Use Map 3.Service Area Maps - Water, Wastewater, and Roadway 4.Status of Impact Fee Capital Improvements Plans - Water, Wastewater, and Roadway 10.Council Calendar - Council May Discuss Upcoming Events. 11.Items of Community Interest. The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 12.Council Reports on Committees, Boards, and Commissions. Page 6 of 299 City Council Page 7 May 26, 2022 A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) 13.Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. 14.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 and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on May 20, 2022 at 5:00 p.m. City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 7 of 299 May 26, 2022 Item No. 5.1. Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation to recognize three students from College Station that received a College Station Arts Scholarship. Relationship to Strategic Goals: Recommendation(s): Summary: Budget & Financial Summary: Attachments: None Page 8 of 299 May 26, 2022 Item No. 7.1. Demonstration Programs for Neighborhood Revitalization Sponsor:Alyssa Halle-Schramm, Planner, David Brower Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action on demonstration programs to promote neighborhood revitalization. Relationship to Strategic Goals: Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Recommendation(s): To receive the presentation and provide direction to staff. Summary: This item stems from the City Council workshop that was held on May 27, 2021 regarding neighborhood integrity. The Council asked for a future agenda item regarding options to stimulate revitalization and owner occupancy in residential areas. For this workshop, staff will present options for the City Council to consider and provide direction. Staff has identified the Southwood Valley neighborhood as an ideal demonstration area based on several criteria. These include the existing quantity of properties registered with the City’s Rental Registration program, the future land uses designated within the Comprehensive Plan Future Land Use & Character Map, current market values, and the Area Median Income (AMI) and Family Median Income data by Census tract. Staff will propose a program centered on the purchase and rehabilitation of single-family homes in the Southwood Valley neighborhood for sale to income eligible homebuyers with gross annual household incomes at or below 120% of AMI. Down Payment Assistance in the form of a 0% interest deferred shared equity loan and other financing mechanisms could also assist with eligible purchases. This program could be stand-alone or paired with other programs. Another option includes an infill development program with similar eligibility and financing mechanisms in neighborhoods with infill potential. Southwood Valley would not be the focus area of this second program, as its infill potential is limited. Additionally, neighborhood integrity initiatives could be concentrated in areas close to other revitalization programs. This could involve multiple City Departments including Code Enforcement and Neighborhood Services, as well as nonprofit and volunteer groups to develop and implement initiatives similar to the McCullough Neighborhood Integrity Day. Budget & Financial Summary: Based on program(s) selected. Attachments: None Page 9 of 299 May 26, 2022 Item No. 7.2. Electrical Transformer Costs Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action on a report on electrical transformer costs. Relationship to Strategic Goals: Financial Sustainability Sustainable City Recommendation(s): Staff recommends that Council receive the presentation and provide direction as desired. Summary: This item was requested by Council as a general presentation for informational purposes to the public regarding changes being made to cost allocations to developers for electric material costs due to the scarcity of metals and inflation of costs. This presentation was previously made to the developers and builders in the City on April 7, 2022. Budget & Financial Summary: N/A Attachments: None Page 10 of 299 May 26, 2022 Item No. 7.3. Presentation, discussion, and possible action regarding a report on economic indicators for the City of College Station. Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a report on economic indicators for the City of College Station. Relationship to Strategic Goals: Diverse and Growing Economy Recommendation(s): Staff recommends Council receive the presentation Summary: This report was requested by Council at the April 28, 2022, Council Meeting. Staff will present information on the economic performance of College Station and discuss how those measures influence key department goals and strategies. Budget & Financial Summary: Attachments: None Page 11 of 299 May 26, 2022 Item No. 8.1. Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC: Agenda Caption:Presentation, discussion, and possible action of minutes for: April 28, 2022 Council Meeting May 6, 2022 Special Meeting May 18, 2022 Special Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1.CCM042822 DRAFT Minutes 2.SPM050622 DRAFT Minutes 3.SPM051822 DRAFT Minutes Page 12 of 299 CCM042822 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION APRIL 28, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick – via remote John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Mary Ann Powel, Deputy City Attorney Adam Falco, Senior Assistant 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 Meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 4:00 p.m. on Thursday, April 28, 2022, 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, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:01 p.m. on April 28, 2022, 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; and Page 13 of 299 CCM042822 Minutes Page 2 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; and B. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Attorney Council Self-Evaluation C. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: Potential incentives for a possible location of a new storage and delivery business. 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 5:07 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to accept the absence request from Councilmember Brick for April 14, 2022 Council Meeting. The motion carried unanimously. 5. Presentation – Proclamations, Awards, and Recognitions. 5.1. Presentation proclaiming Coach Gary Blair Day. Mayor Mooney presented a proclamation to Coach Gary Blair for his dedication and years of service to TAMU Women’s Basketball Coach and declares April 28, 2022 as Coach Gary Blair Day. 5.2. Presentation proclaiming May 2022 as Motorcycle Safety and Awareness Month. Mayor Mooney presented a proclamation to the Texas Council of Clubs and Independents Region 1 Motorcycle Safety & Awareness Team, Distorted MC, and The Ranch Harley Davidson, proclaiming May 2022 as Motorcycle Safety and Awareness Month. 5.3. Presentation proclaiming May as National Bike Month. Mayor Mooney presented a proclamation to Venessa Garza and the members of the Bicycle, Pedestrian, and Greenways Advisory Board, proclaiming May 2022 as National Bike Month. 5.4. Presentation proclaiming the week of May 15th through 21st, 2022 as National Public Works Week. Mayor Mooney presented a proclamation to the Public Works Department, proclaiming May 15-21, 2022 as National Public Works Week. 6. Hear Visitors Comments Page 14 of 299 CCM042822 Minutes Page 3 Taylor Pampinella, College Station, stated that the roller rink in Bryan is in poor repair and unsafe. He went on to propose the City build a roller rink in Anderson Park, closer to where most players live and in a location players will feel safe in the evenings and at night. Jake Madewell, College Station, stated that he would like to see a roller-skating rink in the upcoming additions to Anderson Park. He explained that a skating rink would provide more diverse activities for families and individuals to use without additional fees. 7. WORKSHOP ITEMS 7.1. Presentation and introduction of new Extension Agent for Brazos County. Debbie Eller, Community Service Director, introduced Chadd Caperton who was appointed as the Brazos County Extension Agent in the fall of 2021. Chadd Capteron provided an overview of Brazos County Extension efforts in the community, resources available to residents, and opportunities for partnerships and collaboration with the City of College Station. 7.2. Presentation, discussion, and possible action on recommended projects from the Citizens Bond Advisory Committee. David Higdon, Citizens Bond Advisory Chair, stated that the committee began its work on February 15, 2022; meeting weekly thereafter to study the projects, obtain staff insight, and gather citizen input. At their final meeting on April 4, 2022, the committee voted on and approved a prioritized list of projects, as presented tonight. It should be noted all the projects considered by the CBAC are highly meritorious and deserving. Mr. Higdon explained that the funding estimates for each project were reported by city staff. The estimates were based on current costs plus an estimated rate of inflation. The CBAC realizes these estimates were made based on five-year projected construction and facilities costs. Individual costs may differ due to overall economic conditions, and the CBAC realizes several of the projects will require increased staffing, equipment, and/or ongoing operating expenses. Top 23 Projects Percentage Breakdown by Category: Facilities - $47,000,000 (29%) Parks - $56,500,000 (35%) Public Safety - $10,000,000 (6%) Streets - $49,000,000 (30%) Project Rankings The CBAC recommended projects, as follows: Rank Project Name Estimated Cost Running Total 1 Fire Station #7 - South CS $ 10,000,000 $ 10,000,000 2 Rock Prairie Road East Widening $ 18,000,000 $ 28,000,000 3 Citywide Park Improvements $ 8,000,000 $ 36,000,000 4 Bachmann Little League Building replacement $ 3,000,000 $ 39,000,000 5 Bachmann Little League (senior) Building replacement $ 4,000,000 $ 43,000,000 6 Veterans Park - 6 soccer field replacements $ 6,000,000 $ 49,000,000 7 Pickleball Courts $ 1,500,000 $ 50,500,000 Page 15 of 299 CCM042822 Minutes Page 4 8 Veterans Park - Synthetic fields 7&8 replacement $ 3,000,000 $ 53,500,000 9 Bicycle and Pedestrian Improvements $ 6,000,000 $ 59,500,000 10 Traffic Signal Improvements $ 5,000,000 $ 64,500,000 11 Central Park Operations Shop $ 7,000,000 $ 71,500,000 12 Mabel Clare Thomas Park improvements $ 5,000,000 $ 76,500,000 13 Bee Creek & Central Tennis Court replacements $ 1,000,000 $ 77,500,000 14 Lincoln Center Area improvements $ 1,000,000 $ 78,500,000 15 Gilchrist Street Rehabilitation $ 4,000,000 $ 82,500,000 16 Mabel Clare Thomas Park Pool $ 3,000,000 $ 85,500,000 17 Barron Cut-Off Road Rehabilitation $ 3,000,000 $ 88,500,000 18 Texas Independence Ball Park Phase 2 $ 18,000,000 $ 106,500,000 19 Public Works Operations Center $ 32,000,000 $ 138,500,000 20 Parks Office Building $ 8,000,000 $ 146,500,000 21 Westside Park Development $ 3,000,000 $ 149,500,000 22 Dartmouth Street Extension $ 5,000,000 $ 154,500,000 23 F&B/Health Science Parkway Widening $ 8,000,000 $ 162,500,000 24 Fun For All Playground Phase 3 $ 2,000,000 $ 164,500,000 25 Roundabout Improvements $ 3,000,000 $ 167,500,000 26 Nimitz Street Rehabilitation $ 3,000,000 $ 170,500,000 27 Luther Street Widening $ 7,000,000 $ 177,500,000 28 Aquatic Center (add on to Rec Center)$ 13,000,000 $ 190,500,000 29 Northgate Entertainment District $ 6,000,000 $ 196,500,000 30 Birding Initiatives and Facilities $ 1,000,000 $ 197,500,000 31 Recreation Center $ 32,000,000 $ 229,500,000 32 Military Heritage Center $ 12,000,000 $ 241,500,000 33 Town Lake Drive Extension $ 4,000,000 $ 245,500,000 7.3. Presentation, discussion, and possible action on options to preserve neighborhood character. Michael Ostrowski, Planning and Development Director, stated that this item is a follow up to the City Council workshop that was done on May 27, 2021. At that workshop staff introduced several options to address concerns relating to neighborhood integrity. For this workshop, staff presented a list of options for City Council to consider and provide direction. These options are designed to help preserve the character of neighborhoods. Some of the options include: Defining Shared Detached Housing, which is also referred to as an Ag-Shack or Stealth Dorm. Regulating the size of dwellings in certain areas. Creating a High Occupancy Overlay District where additional density could be allowed, thus reducing pressure on other neighborhoods. Creating an additional overlay district designed to preserve certain characteristics of neighborhoods. Eliminating the ability to reduce a front setback when rear access is provided, or when side yard or rear yard parking is provided. Eliminating or requiring additional approval to have shared access. Eliminating the ability to combine parking areas and to require a setback to the property line. Restricting the parking in front of a dwelling within the front setback area. Regulating how landscape materials, which can also be used as parking materials, must exist on a property. Page 16 of 299 CCM042822 Minutes Page 5 A majority of the Council directed staff to start looking at the feasibility and impact or items from the list presented and put off any work on City-Initiated Neighborhood Character Preservation Overlay Districts. 7.4. Presentation, discussion, and possible action regarding an update on amending the Dockless Bike Share Program ordinance. Venessa Garza, Planning and Development, stated that Council adopted an ordinance in 2018 to regulate and permit bike share companies in the city in response to Texas A&M University’s introduction of a bike share program. The ordinance currently excludes scooters and other electric modes of transportation but since that time electric modes have been introduced. Staff received direction in October 2021 to amend the ordinance to allow electric micro-mobility devices (bicycles and scooters), require lock-to parking, and regulate speed. A draft ordinance amendment was created based on direction received. Staff provided an overview of the current regulations as it relates to private micro-mobility and crashes that have occurred in the community. Proposed Changes: Rename Dockless Bike Share Program to Shared Micro-Mobility Allow electric bicycles and scooters Include language about an abandonment fee if operator leaves without taking their devices (to be added through the Fee Resolution) Further define Geofence zones 1. TAMU geofence Area determined in partnership with TAMU and COCS 2. Other geofence zones Areas outside of the TAMU geofence (no overlap) Can overlap with other operator geofences Include requirements Cyber liability insurance (cyber-attacks, data breaches, etc.) 15 mph speed limit With an option to have lower speed limits in designated areas Rebalancing If devices are left more than 5 days in one location When 75% of available bicycle parking is occupied Upon request by the City Parking hubs – a minimum amount of micro-mobility devices is maintained in one location ‘Lock-to’ parking Locking devices to a bicycle rack or operator designated parking area Majority of Council directed staff to move forward with proposed changes as presented. 8. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. No consent items pulled for discussion. Page 17 of 299 CCM042822 Minutes Page 6 8.1. Presentation, possible action, and discussion of minutes for: April 14, 2022 Council Meeting 8.2. Presentation, discussion, and possible action regarding the award of a contract to Primoris T&D Services, LLC for the construction and installation of electric underground conduit and manholes in the Northgate area for an amount not to exceed $1,310,886.75. 8.3. Presentation, discussion, and possible action on renewal of Cityworks software licenses agreement in the amount of $105,000. 8.4. Presentation, discussion, and possible action to award an Annual Price Agreement for the rental of Heavy Equipment and Machinery for an amount not to exceed $150,000 to Mustang Rental Services of Texas. 8.5. Presentation, discussion, and possible action adopting Resolution No. 04-28-22-8.5 to approve a Contract for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, 42 U. S. C. §5308, Section 108 Loan Agreement between L.U.L.A.C. Oak Hill, Inc. and the City of College Station, Promissory Note, Deed of Trust, and General Certification providing $2,808,000 for the cost of construction and permanent financing of the rehabilitation of its property located at 1105 Anderson in College Station, Texas. 8.6. Presentation, discussion, and possible action regarding Ordinance No. 2022-4348 amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time,” by removing parking on the east side of First Street between Louise Avenue and Maple Avenue and on the south side of Maple Avenue between Wellborn Road and First Street. 8.7. Presentation, discussion, and possible action regarding Resolution No. 04-28-22-8.7 approving an Advance Funding Agreement in the amount of $126,051 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation for a shared-use path on Harvey Mitchell Parkway (FM 2818) and authorizing the City Manager to execute said agreement. 8.8. Presentation, discussion, and possible action regarding Resolution No. 04-28-22-8.8 approving an Advance Funding Agreement in the amount of $302,254 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation for separated bike lanes on George Bush Drive (FM 2347) and authorizing the City Manager to execute said agreement as well as Resolution No. 04-28-22-8.8a declaring intention to reimburse certain expenditures with proceeds from debt. 8.9. Presentation, discussion, and possible action regarding Ordinance No. 2022-4349 amending Chapter 2, “Administration,” Article V, “Finance,” Division 2 “Fees, Rates and Charges,” Section 2-120 "Fire Department Services". 8.10. Presentation, discussion, and possible action on Change Order No. 3 in the amount of $76,340 to the Construction Contract with Elliott Construction, LLC. for the Woodson Village Utility rehabilitation Project. Page 18 of 299 CCM042822 Minutes Page 7 Consent Item No. 8.5 was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items except for 8.5. The motion carried unanimously. (8.5) MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Item 8.5 with Exhibit B as it appears on the dais. The motion carried unanimously. At 7:33 p.m., the Mayor recessed the Council meeting. The Council meeting reconvened at 7:44 p.m. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2022-4350 for Budget Amendment 3 amending Ordinance No. 2021-4286 which will amend the budget for the 2021-2022 Fiscal Year in the amount of $11,676,000. Mary Ellen Leonard, Finance Director, stated that the proposed budget amendment is to increase the FY22 budget appropriations by $11,676,000 for increases in the cost of FY22 Electric Purchase Power, fuel, the addition of an Electric Underground Crew, Economic Development Business Development Manager, and a Tourism Staff Assistant among other costs. Attached is a summary with a complete description of the items included on the proposed budget amendment. This amendment also includes interfund transfers related to moving the assigned fund balance for IT replacements to the appropriate fund. If approved, the net revised budget appropriations will be $386,904,841. Training Computer Purchase - $30,000 (Budget Amendment) Electric Underground Crew - $374,200 (Budget Amendment); 3.0 FTE addition Economic Development Business Development Manager – General Fund $126,400 (Budget Amendment); 1.0 FTE addition Tourism Staff Assistant II - Hotel Tax Fund $68,500 (Budget Amendment); 1.0 FTE addition Pool Replaster - $300,000 (Budget Amendment) Fun For All Conceptual Design – Fun for All Fund - $42,000 (Budget Amendment) Electric Purchase Power - $10,000,000 (Budget Amendment) Fuel Cost City Wide - $726,700 Budget Amendment Law Enforcement Officer Standards and Education (LEOSE) Funds-$8,200 (Budget Amendment) General Fund Transfer to IT Replacement-$2,000,000 (Interfund Transfer) At approximately 7:51 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:51 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022- 4350, Budget Amendment 3 amending Ordinance No. 2021-4286 which will amend the budget for the 2021-2022 Fiscal Year in the amount of $11,676,000. The motion carried unanimously. Page 19 of 299 CCM042822 Minutes Page 8 9.2. Public Hearing, presentation, discussion, and possible action to consider Ordinance No. 2022-4351 on a Comprehensive Plan Amendment to the Neighborhood Center future land use description, intent, and generally appropriate zoning districts within Chapter 2, Distinctive Places of the Comprehensive Plan. Alyssa Halle-Schramm, Planning and Development, stated that this item is to consider revisions to the Neighborhood Center future land use category. The proposed update includes revisions to the description, intent, and generally appropriate zoning districts to provide clarity regarding the commercial requirements. The proposed amendment to the Comprehensive Plan stems from numerous discussions amongst City staff and private developers regarding the intent of the Neighborhood Center future land use category. Ms. Halle-Schramm explained that the proposed changes specify the extent of commercial uses expected along primary streets, while also allowing flexibility in the exact size and location if creating commercial nodes or if other site characteristics necessitate an alternative design to provide a horizontal mixing of commercial, office, and residential uses. Summary of Changes: Intent Commercial within 300-500 feet of major collector and higher streets Commercial nodes and alternative configurations can be considered if integrated Stand-alone commercial uses with preferred emphasis on urban form if size/scale of property is too small to support horizontal mixing of uses Generally appropriate zoning districts: Commercial and multi-family zoning may be considered if designed in an integrated manner through a Planned Development District The Planning and Zoning Commission heard this item on April 7, 2022 and voted 6-0 to recommend approval with minor text revisions. Staff have incorporated those revisions and recommends approval of the ordinance. At approximately 8:02 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:02 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022- 4351, on a Comprehensive Plan Amendment to the Neighborhood Center future land use description, intent, and generally appropriate zoning districts within Chapter 2, Distinctive Places of the Comprehensive Plan. The motion carried unanimously. 9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-4352 amending Chapter 103, “Building Regulations,” Article III, “Technical Codes,” Division 2 “Building Codes” and Division 3 “Electrical Code” adopting the 2021 International Codes, the 2020 National Electrical Code (NEC), and related amendments. Brian Binford, Planning and Development, stated that this ordinance adopts the latest edition of the International Codes (I-Codes), for use in College Station. The City of College Station currently uses Page 20 of 299 CCM042822 Minutes Page 9 the 2018 edition of the I-Codes and the 2017 edition of the NEC. The International Code Council and National Fire Protection Association issues updated codes every three years. The changes included in the latest codes help clarify intent, improve energy efficiency, and strengthen requirements designed to safeguard the public health, safety, and general welfare. Highlight of Changes: Increased attic insulation requirements Easing of restrictions on non-egress stairways Emergency electrical disconnect requirement for newly constructed homes Special egress and safety requirements for puzzle/escape rooms. Increased attic insulation requirements Easing of restrictions on non-egress stairways Emergency electrical disconnect requirement for newly constructed homes Special egress and safety requirements for puzzle/escape rooms. The Construction Board of Adjustment and Appeals considered this item at their March 22, 2022, meeting and unanimously recommended approval of the updated codes and amendments, as presented. A motion to recommended requiring fire sprinkler systems in newly constructed townhomes was discussed but was not approved. Staff recommends approval with an effective date of June 1, 2022. At approximately 8:15 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:15 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022-4352, amending Chapter 103, “Building Regulations,” Article III, “Technical Codes,” Division 2 “Building Codes” and Division 3 “Electrical Code” adopting the 2021 International Codes, the 2020 National Electrical Code (NEC), and related amendments. The motion carried unanimously. 9.4. Presentation, discussion, and possible action regarding Ordinance No. 2022-4353 amending Chapter 16, “Fire Prevention and Protection,” Article III, “Fire Code,” Sections 16-51 and 16- 52 and Article IV, “Life Safety Code”, Section 16-78. Eric Dotson, Fire Marshall, stated to ensure the City of College Station keeps up with building trends in materials and techniques and the overall safety of our citizens, visitors, and firefighters. The newest codes and amendments presented staff recommends approval of the 2021 IFC's and the 2021 NFPA Life Safety Codes and associated amendments. Highlights: Monitoring of all Fire Suppression Systems This is done to ensure small restaurants that do not have alarm systems but do have hood systems are staying in compliance. Also, to include FM200 systems that are standalone systems. Fire Sprinkler information Northgate: In the core there are 32 bars 16 have sprinklers 16 non-sprinklered Fire alarm Information Page 21 of 299 CCM042822 Minutes Page 10 Northgate: Much like the sprinkler systems 16 Fire Alarm System 16 Non fire alarm systems High Rise information 1. Fire Command Center 2. Fire Pump 3. Pressurized Stairwells 4. 2 FDCs remote from each other 5. Voice EVAC Alarm System 6. Emergency/Standby Power system MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022- 4353, amending Chapter 16, “Fire Prevention and Protection,” Article III, “Fire Code,” Sections 16- 51 and 16-52 and Article IV, “Life Safety Code”, Section 16-78. The motion carried unanimously. 9.5. Presentation, discussion, and possible action regarding Change Order No. 1 in the amount of $863,750 to the annual price agreement with Larry Young Paving, Inc. for Curb, Gutter, and Concrete Flatwork. Emily Fisher, Public Works Director, stated that the original contract for $3,455,000 was approved by City Council on May 27, 2021, and more work has been done this year than previous ones due to revised contract language, availability of crews, and fewer weather delays. Therefore, an increase in the contract capacity is needed to continue performing concrete curb, gutter, and flatwork services for March, April, and May of 2022. This change order is for $863,750, which revises the amount not to exceed to $4,318,750. Funding for the Annual Blanket Purchase Order for the Concrete Curb, Gutter and Flatwork Installation is available in the Roadway Maintenance and Water Services operational budgets. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to approve Change Order No. 1 in the amount of $863,750 to the annual price agreement with Larry Young Paving, Inc. for Curb, Gutter, and Concrete Flatwork. The motion carried unanimously. 9.6. Presentation, discussion, and possible action regarding a renewal of the Annual Price Agreement for Concrete Curb, Gutter, and Flatwork installation with Larry Young Paving, Inc. for an amount not to exceed $4,318,750. Emily Fisher, Public Works Director, stated that Larry Young Paving, Inc. has requested a 10% increase due to supply chain increases for the renewal period. The term will be for the period beginning May 1, 2022, through April 30, 2023. This is the first of two possible renewals for this contract. Staff recommends approval of the contract with Larry Young Paving, Inc. for an amount not to exceed $4,318,750. Funding for the Annual Blanket Purchase Order for the Concrete Curb, Gutter and Flatwork Installation is available in the Roadway Maintenance and Water Services operational budgets. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve a renewal of the Annual Price Agreement for Concrete Curb, Gutter, and Flatwork installation with Larry Young Paving, Inc. for an amount not to exceed $4,318,750. The motion carried unanimously. Page 22 of 299 CCM042822 Minutes Page 11 9.7. Presentation, discussion, and possible action regarding approval of Amendment No. 2 to the Construction Manager at Risk (CMAR) contract with JaCody Construction, LP accepting the Guaranteed Maximum Price (GMP) of $3,871,798 for the Renovation of 1207 Texas Avenue. Emily Fisher, Public Works Director, stated that this amendment to the current construction manager at risk contract with JaCody Construction, accepting the guaranteed maximum price, includes all needed work for the construction of the1207 Texas Renovation project. Staff determined that a construction manager at risk (CMAR) procurement method was the most beneficial for this project. The city issued RFP No. 22-005 and after review, recommends award to Jacody Construction, LP. The submitted CMAR fee is 5% of the construction cost. Once design is further along, the contractor will submit a guaranteed maximum price (GMP) for council consideration and approval. Mrs. Fisher explained that a transfer of $305,000 was made to this project from other completed project savings. The new combined budget in the amount of $4,305,000 is included for this project in the Facilities and Technology Capital Improvement Projects Fund and the Hotel Occupancy Tax Fund. A total of $404,411 has been expended or committed to date, leaving a balance of $3,900,589 for this contract and related expenses. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve Amendment No. 2 to the Construction Manager at Risk (CMAR) contract with JaCody Construction, LP accepting the Guaranteed Maximum Price (GMP) of $3,871,798 with $304,000 contingency for the Renovation of 1207 Texas Avenue. The motion carried unanimously. 10. Council Calendar Council reviewed the calendar. 11. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Nothing to report. 12. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Maloney reported on the Brazos Valley Economic Development Corporation. Page 23 of 299 CCM042822 Minutes Page 12 Councilmember Nichols reported on BVSWMA. 13. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Maloney requested a report on Economic Development indicators for the City of College Station. 14. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 8:53 p.m. on Thursday, April 28, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 24 of 299 SPM050622 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING CITY OF COLLEGE STATION MAY 6, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton - absent Linda Harvell Elizabeth Cunha John Nichols - absent Dennis Maloney City Staff: Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Mooney at 1:25 p.m. on Friday, May 6, 2022, 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 §551.074-Personnel, the College Station City Council convened into Executive Session at 1:25 p.m. on May 6, 2022, to continue discussing matters pertaining to: A. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Attorney 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 2:32 p.m. No action was taken. 4. Adjournment. There being no further business, Mayor Mooney adjourned the Special Meeting of the City Council at 2:34 p.m. on Friday, May 6, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 25 of 299 SPM051822 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION MAY 18, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Mary Ann Powel, Deputy 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 Special Meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 4:00 p.m. on Wednesday, May 18, 2022, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Pledge of Allegiance, Invocation, and Consider Absence Request. 3. SPECIAL MEETING 3.1 Presentation, discussion, and possible action to approve a resolution by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2022; and providing an effective date. Michael Dehaven, Assistant Finance Director, stated that the City’s Financial Advisor and Bond Counsel recommend that the City issue Certificate of Obligations for utility projects instead of Utility Revenue Bonds (URBs); the pledge of the City’s ad valorem tax base is a stronger credit than utility revenues and thus lowers the cost of borrowing. This has been the practice of the city since 2008. The Utility systems will cover their associated portion of debt service through utility revenues. This item is to consider the passage of a resolution authorizing the issuance of one or more series of interest bearing certificates of obligation (the “Certificates”) in the principal amount not to exceed $78,000,000 for paying all or a portion of the City's contractual obligations to be incurred in connection with constructing, improving, acquiring and equipping the following projects: (i) streets and roads including related drainage, landscaping, signalization, lighting, pedestrian improvements and signage related thereto; (ii) designing, constructing, equipping and installing parks and recreation equipment and park Page 26 of 299 SPM051822 Minutes Page 2 improvements for Texas Independence Ballpark at Midtown; (iii) information technology and communication equipment; (iv) facilities and equipment maintenance facility relocation and improvements; (v) improvements and extensions to the City's combined waterworks, sewer and electric systems including distribution, transmission, system lines, lift stations, pumps, storage tanks, metering, wells, plant improvements, and acquisition of interests in land for such purposes; and (vi) the payment of fiscal, engineering and legal fees incurred in connection therewith. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to approve Resolution No. 05- 18-22-3.1, directing publication of notice of intention to issue certificates of obligation, series 2022; and providing an effective date. The motion carried. 3.2 Presentation, discussion, and possible action regarding Ordinance No. 2022-4354 consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. Jeff Capps, Deputy City Manager, stated that on May 13, 2022, 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, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, April 6, 2021, May 7, 2021, June 7, 2021, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021, January 7, 2022, February 7, 2022, March 7, 2022 and April 8, 2022. 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. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022-4354, consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. The motion carried unanimously. Presentation, discussion, and possible action on a potential November Bond Election including projects, public meetings, and bond capacity. Jeff Kersten, Assistant City Manager, provided an overview of the potential November Bond Election including projects, public meetings, and bond capacity. Financial Position Paying for Capital Projects Forecast Capacity Debt Outstanding Paying for Capital Projects General Obligation Bonds Voter Authorized Supported by property tax Certificates of Obligation Supported by property tax, or utility rates Grants Operating Funds General Fund Utility Funds Hotel Tax Fund Other Page 27 of 299 SPM051822 Minutes Page 3 Parkland Dedication Impact Fees Investment Earnings Forecast Capacity 5 Year financial forecast Property Values Interest Rates Debt Structure Current estimated future capacity $75-$100 million over 5 years Existing tax rate 1 cent = approximately $18-$20 million in capacity Debt Position $119,365,000 General Obligation Bonds $272,800,000 Certificates of Obligation $392,165,000 Total $194,821,200 supported by tax rate $197,343,800 supported by utility rates $392,165,000 Total Each Departmental Director provided an overview of their potential project. CBAC Project Rankings: Page 28 of 299 SPM051822 Minutes Page 4 Jennifer Prochaska, Assistant City Manager, wrapped the discussion up by providing information on the public meetings coming up for the citizen’s input. 3. Adjournment. There being no further business, Mayor Mooney adjourned the Special Meeting of the City Council at 6:37 p.m. on Wednesday, May 18, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 29 of 299 May 26, 2022 Item No. 8.2. ILA for animal control services for Texas A&M Sponsor:Chris Perkins Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an Interlocal Agreement with Texas A&M University providing animal control services to the university. Relationship to Strategic Goals: Good governance Recommendation(s): Recommend adoption of ILA Summary: Presentation, discussion, and possible action to renew the Interlocal Agreement with Texas A&M University regarding animal control services. Budget & Financial Summary: None Attachments: 1.C2022-7651 Inter-Local Agreement City of College Station Page 30 of 299 Page 31 of 299 Page 32 of 299 Page 33 of 299 Page 34 of 299 Page 35 of 299 Page 36 of 299 Page 37 of 299 May 26, 2022 Item No. 8.3. Topsoil, Sand, Concrete Rip Rap Annual Purchase Agreement Sponsor:Emily Fisher, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of an annual purchase agreement for Topsoil, Sand, Concrete Rip Rap bid to BPI Materials, LLC. in an amount not to exceed $162,212.50 to provide materials for city use. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of the annual purchase agreement with BPI Materials, LLC. for an amount not to exceed $162,212.50. Summary: Sealed bids for ITB #22-046 were opened on April 13, 2022, with three bid responses received from Norman Materials, LLC., Brazos Dozer Service, and BPI Materials, LLC. BPI Materials, LLC. is the lowest responsible bidder to bid on all line items. This price agreement term is for one year, with two possible additional one-year renewals. Budget & Financial Summary: Funding for the annual purchase agreement for Topsoil, Sand, Concrete Rip Rap is available in the Roadway Maintenance and Streets Maintenance operational budgets. Attachments: 1.22-046 BID AWARD 041322 Page 38 of 299 BID#22-046 AWARD Line # Description QTY UOM Unit Extended Unit Extended Unit Extended 1 TOP SOIL Delivered to COCS Public Works Project 1250 TONS No Bid $22.00 $27,500.00 1 ALT1 TOP SOIL Delivered to COCS Public Works Project 1250 CY $26.00 2 BEDDING SAND To be delivered to Public Works Project 1750 TONS No Bid $16.75 $29,312.50 2 ALT1 BEDDING SAND To be delivered to Public Works Project 1750 CY $21.50 3 TYPE D, GRADE 1 CRUSHED CONCRETE BASE To be delivered to Public Works Project 1500 TONS $21.50 $32,250.00 $27.00 $40,500.00 3 ALT1 TYPE D, GRADE 1 CRUSHED CONCRETE BASE To be delivered to Public Works Project 1500 CY $36.50 4 RIP RAP 5 X 7" BULL ROCK To be Delivered to Public Works Project 1100 TONS $42.00 $46,200.00 $32.75 $36,025.00 $59.00 $64,900.00 Total Price $46,200.00 Total Price $68,275.00 Total Price $162,212.50 CONVERSION CUBIC YARDS TO TONS Conversion Rate of 1.4 cubic yards equals a ton Line # Description QTY UOM Unit Extended 1 TOP SOIL Delivered to COCS Public Works Project 1250 TONS Converted to Tons 1 ALT1 TOP SOIL Delivered to COCS Public Works Project 1250 CY $26.00 45,500.00$ 2 BEDDING SAND To be delivered to Public Works Project 1750 TONS Converted to Tons 2 ALT1 BEDDING SAND To be delivered to Public Works Project 1750 CY $21.50 52,675.00$ 3 TYPE D, GRADE 1 CRUSHED CONCRETE BASE To be delivered to Public Works Project 1500 TONS Converted to Tons 3 ALT1 TYPE D, GRADE 1 CRUSHED CONCRETE BASE To be delivered to Public Works Project 1500 CY $36.50 76,650.00$ 4 RIP RAP 5 X 7" BULL ROCK To be Delivered to Public Works Project 1100 TONS $42.00 $46,200.00 Total Price $221,025.00 A cubic yard equals 1.4 tons Cubic Yard unit Price X 1.4 times= unit ton price Norman Materials, LLC. Brazos Dozer Service Brazos Paving, Inc. Norman Materials, LLC. BID#22-046 AWARD 04/13/2022Page 39 of 299 May 26, 2022 Item No. 8.4. BCS Curb Appeal Maintenance, LLC Franchise Agreement Ordinance Sponsor:Emily Fisher, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with BCS Curb Appeal Maintenance, LLC for the collection of recyclables from commercial businesses and multi-family locations. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: The proposed agreement would allow BCS Curb Appeal Maintenance, LLC to collect recyclables from commercial businesses and multi-family locations within the City of College Station. The company will be responsible for developing on-site collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Budget & Financial Summary: N/A Attachments: 1.22300463 BCS Curb Appeal Maintenance LLC - COCS Recyclables Franchise Agreement Page 40 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 1 of 16 ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, BCS CURB APPEAL MAINTENANCE, LLC, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION (“CITY”) FOR THE PURPOSE OF PROVIDING COLLECTION OF DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI-FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter’s authority and grant a non-exclusive franchise to Contractor for collection of demolition and construction debris and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Page 41 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 2 of 16 Table of Contents Article I. Definitions ...................................................................................................................... 3 Article II. Grant of Authority and Acceptance .............................................................................. 4 Article III. Payment and Term ....................................................................................................... 4 Article IV. Access to Records & Reporting ................................................................................... 6 Article V. Rates to be Charged by Contractor ............................................................................... 6 Article VI. Appearance of Personnel and Equipment .................................................................... 6 Article VII. Collection and Transport of Recyclables ................................................................... 7 Article VIII. Placement of Receptacles ......................................................................................... 7 Article IX. Service Complaints ...................................................................................................... 7 Article X. Disposal and Processing ............................................................................................... 8 Article XI. Violation and Penalty .................................................................................................. 8 Article XII. Insurance .................................................................................................................... 8 Article XIII. Indemnification and Release ..................................................................................... 9 Article XIV. Disputes and Mediation ............................................................................................ 9 Article XV. General Terms .......................................................................................................... 10 Exhibit A. Schedule of Rates ....................................................................................................... 13 Exhibit B. Insurance Requirements ............................................................................................. 14 I) Standard Insurance Policies Required: .............................................................................. 14 II) General Requirements Applicable to All Policies: ............................................................ 14 III) Commercial General Liability ........................................................................................ 14 IV) Business Automobile Liability ....................................................................................... 15 V) Workers’ Compensation Insurance ................................................................................ 15 Exhibit C. Certificates of Insurance ............................................................................................. 16 Page 42 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 3 of 16 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager’s designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Page 43 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 4 of 16 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll-Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non-Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights-of-way on, along, and across City streets, highways, alleys, public places and all other real property for collecting demolition and construction debris, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City’s residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City’s governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: Page 44 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 5 of 16 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Page 45 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 6 of 16 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor’s facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor’s records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor’s markets and prices paid for each type of material’s return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month’s collection. This report is due to the City’s Representative no later than the twentieth (20th) calendar day of each month. Contractor’s report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City’s Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City’s Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Page 46 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 7 of 16 6.2 Signage. Contractor’s vehicles shall at all times be clearly labeled with Contractor’s name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor’s roll-offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12”) in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City-approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll-offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll-offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City’s Representative. City reserves the right to designate the exact location of any or all roll-offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City’s collection of municipal solid waste. Under no circumstances shall contractor place roll-offs, compactors, or receptacles in existing enclosures designated for City roll-offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Page 47 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 8 of 16 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City’s Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non-recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City-approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY 11.1 Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Page 48 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 9 of 16 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement’s administration. The officers or representatives shall meet within thirty (30) days of either party’s request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non-binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator’s services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Page 49 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 10 of 16 ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days’ written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Page 50 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 11 of 16 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties’ state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station BCS Curb Appeal Maintenance, LLC Attn: Michael Lucas, Fiscal Services Attn: M. Chase Hamff, Manager PO BOX 9960 PO Box 91 College Station, TX 77842 Wellborn, TX 77881 mlucas@cstx.gov chase@curbappealmaintenance.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the day of , 2022. b. Second Consideration & Approval on the day of , 2022. Page 51 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 12 of 16 BCS CURB APPEAL MAINTENANCE, LLC CITY OF COLLEGE STATION By: By: Mayor Printed Name: Title: Owner/Member Date: ________________ Date: ATTEST: City Secretary Date: _____________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Assistant City Manager/CFO Date: _____________ Page 52 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 13 of 16 EXHIBIT A. SCHEDULE OF RATES I. Contractor’s base rate is $250.00 per pull, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs Page 53 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 14 of 16 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance e. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Page 54 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 15 of 16 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V. Workers’ Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are 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 Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Page 55 of 299 Contract No. 22300463 Recyclable Collection Franchise Ordinance Page 16 of 16 EXHIBIT C. CERTIFICATES OF INSURANCE Page 56 of 299 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/13/2022 43559 BCS Curb Appeal Maintenance 3499 Mesa Verde Dr College Station, TX 77845 29394 22945 A 1,000,000 X X 85322320 7/15/2021 7/15/2022 100,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000B X X BA420000017404 7/17/2021 7/17/2022 2,000,000A 85322320 7/15/2021 7/15/2022 2,000,000 C X 0002050032 7/15/2021 7/15/2022 1,000,000 1,000,000 1,000,000 Certificate Holder is named as Additional Insured for ongoing and completed operations as required by written contract. General Liability coverage is primary and non-contributory. Waivers of Subrogation are provided on all policies on behalf of the Certificate Holder as required by written contract. City of College Station Attn: Michael Lucas, Fiscal Services PO Box 9960 College Station, TX 77842 BCSCURB-01 SROBINS Jones & Associates Inc. 1580 Copperfield Pkwy College Station, TX 77845 Sydney Robins sydney@jonesinsurance.com United Fire Lloyds Mercury County Mutual Insurance Co Texas Mutual Workers' Compensation Ins X X X X X X X X X Page 57 of 299 May 26, 2022 Item No. 8.5. Victoria Rehab (FM 2154 to Woodlake) Professional Services Contract Change Order No. 1 Sponsor:Emily Fisher, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding Change Order 1 deducting the amount of $363,150 from the Professional Services contract with Quiddity Engineering, LLC for the Victoria Rehabilitation project. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval. Summary: The City of College Station is under contract with Quiddity Engineering, Inc. for the design of the reconstruction of Victoria Road from FM 2154 to Woodlake. The original scope of the project was to reconstruct the existing rural asphalt cross section to concrete roadway with curb and gutter, storm sewer, sidewalks and illumination. After preliminary engineering was completed and a drainage analysis was performed, it was recommended to proceed with a full maintenance-type reconstruction (replacing subgrade and asphalt). This is due to the drainage impacts downstream and upstream resulting from a new concrete street with storm sewer. These impacts included the need for detention capacity, which could only come from modifying an existing detention pond or purchasing land to build a new detention facility. Other impacts included channel improvements within the Creek Meadows subdivision and possible upsizing of existing storm sewer well beyond the scope of the original project, as well as considerable right of way and easement acquisition. The new scope of the project will include repaving the asphalt road, keeping the same cross section, adding roundabouts at the intersections with Creek Meadows Blvd and Woodlake Dr, and studying the placement and right of way needed for a sidewalk to connect Castlegate subdivision to Creek Meadows and FM 2154. Because of the change of scope, we are closing out the original design contract with Quiddity Engineering, Inc. An item for the Council to consider a new design contract is also on this agenda. Budget & Financial Summary: A combined total budget of $4,300,000 is currently appropriated for these projects in the Streets Capital Improvement Projects Funds. A combined total of $702,312.70 has been expended or committed to date, leaving a combined balance of $3,597,688.30 for this change order and future expenses. Attachments: 1.Change Order 1 - Closing Contract Page 58 of 299 CHANGE ORDER NO. 1 DATE: 3/29/2022 Contract No.21300231 P.O.#: 21201617 PROJECT: ST 1901 Victoria Rehab OWNER:CONTRACTOR: City of College Station Quddity Engineering P.O. Box 9960 PO BOX 95562 Ph:713-777-5337 College Station, Texas 77842 Grapevine, TX 76099-9708 Fax:713-777-5976 PURPOSE OF THIS CHANGE ORDER: ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 1 Remaining Amount Left on Contract 363,150.00$ 1 0 (363,150.00)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL (363,150.00)$ ALL ITEMS (Project Number / Account Number)($363,150.00) TOTAL CHANGE ORDER ($363,150.00) ORIGINAL CONTRACT AMOUNT $458,400.00 CHANGE ORDER NO. 1 ($363,150.00)-79.2%CHANGE REVISED CONTRACT AMOUNT $95,250.00 -79.2%TOTAL CHANGE ORIGINAL CONTRACT TIME Days TIME EXTENSION NO. 1 Days REVISED CONTRACT TIME 0 Days SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED _____________________________________________________________________________________ A/E CONTRACTOR Date CHIEF FINANCIAL OFFICER Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date CITY ATTORNEY Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY MANAGER Date _____________________________________________________________________________________ CITY ENGINEER Date MAYOR Date _____________________________________________________________________________________ DEPARTMENT DIRECTOR Date CITY SECRETARY Date Close out contract due to large project scope change. Will contunie work on the project under a new contract. THE NET AFFECT OF THIS CHANGE ORDER IS A -79.2% DECREASE. Page 59 of 299 May 26, 2022 Item No. 8.6. Victoria Ave Roundabouts Professional Services Contract Sponsor:Emily Fisher, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with Quiddity Engineering, LLC in the amount of $182,900 for adding roundabouts and sidewalks on Victoria Avenue. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval. Summary: Based on the findings of a completed drainage analysis for Victoria Ave, it is recommended that the street be kept as a two-lane asphalt road with roadside ditches. Because of development in the area and to better accommodate traffic through the intersections with Woodlake Dr and Creek Meadows Blvd, it is recommended to install concrete roundabouts at these intersections. This contract includes design of two roundabouts as well as identifying the needed right of way for a proposed sidewalk. It also includes design of a median at the intersection with FM 2154 to allow for right turns only. Budget & Financial Summary: A combined total budget of $4,300,000 is currently appropriated for the project in the Streets Capital Improvement Projects Funds. A combined total of $702,312.70 has been expended or committed to date, leaving a combined balance of $3,597,688.30 for design and construction of this project. Attachments: 1.Project Map1 2.Victoria Scope and Fee Page 60 of 299 REDMAN LNP1-735FM 2154I& GN RD KOPPE BRIDGE RDFM 2154FM 2154FM 2154FM 2154FM 2154FM 2154FM 2154FM 2154FM 2154I& GN RD SDOWLINGRD I& G N RD I& G N R D City of College Station N 0 1,100550Feet 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 . Page 61 of 299 EXHIBIT “A” Scope of Services Page 1 of 6 V:\Opportunity Documents\OP100-6651-00 Victoria Ave Rehab\2- 2022 Contract\A-Scope-Victoria RV1 20220316.docx General The intent of this project is to provide design and construction phase services for the following: • Installation of a roundabout at the intersection of Victoria Avenue and Woodlake Drive. • Installation of a roundabout at the intersection of Victoria Avenue and Creek Meadows Boulevard. • Relocation of Wellborn Water waterlines in conflict with the two (2) proposed roundabouts. • Signing and striping along Victoria Avenue from Wellborn Road to Woodlake Drive including the two (2) proposed roundabouts. • In kind replacement of culverts under the proposed roundabouts. • Sidewalk feasibility study from Woodlake Drive to Wellborn Road. • Installation of a forced right turn at the intersection of Victoria Avenue at Wellborn Road. Scope of Services 1. PROJECT MANGEMENT a. Provide Project Administration and Controls i. Prepare subconsultant agreements and task orders, review invoices, etc. ii. Prepare and submit a monthly invoice package, which shall include the Engineer’s invoice and a project development status update. iii. Project development/progress meetings with project team and Client. iv. Coordinate and communicate with project team and subconsultants. v. Coordinate and communicate with - City of College Station, project team and other stakeholders. vi. Develop and maintain project development schedule. vii. Quality Control and Quality Assurance (QC/QA) of all submittals. b. Attend project coordination meetings with the City of College Station. Prepare and submit a meeting agenda prior to each meeting and submit draft meeting notes for the City’s review and approval following each meeting. The meetings shall include the following: i. Initial Kick-off Meeting. ii. Project Planning and coordination meetings with College Station. (virtual) iii. 30%, 60% and 90% review meetings with College Station. iv. Utility Coordination Meetings. (1 assumed) 2. SURVEYING a. Topographic Surveying Update i. Update topographic information in areas of recent change. ii. Topographic survey information will be collected and updated within the right- of-way along Creek Meadows Boulevard from Victoria Avenue to E. Beaver Creek Drive. iii. Locate drainage system details of ditches, culverts, storm sewers, and outfall flow lines. iv. Locate all visible improvements such as fences, driveways, retaining walls, landscape areas, sidewalks, impervious surfaces, etc. v. Locate visible utilities including manholes (with invert information), water valves, water meters, fire hydrants, telephone pedestals, power poles, down conduits, gas line markers, etc. vi. Conduct an 811 utility locate (a public service) and provide horizontal locations of underground utilities as marked. Page 62 of 299 EXHIBIT “A” Scope of Services Page 2 of 6 V:\Opportunity Documents\OP100-6651-00 Victoria Ave Rehab\2- 2022 Contract\A-Scope-Victoria RV1 20220316.docx vii. Provide 1-foot contours as based on data collected on a 100-foot topographic survey grid. viii. Provide size, type and location of all trees. ix. Perform ROW verification of Creek Meadow Boulevard within project site and indicate on topographic survey deliverable. x. All topographic surveying will be within public right-of-way. 3. PRELIMINARY ENGINEERING a. Sidewalk Feasibility Study i. Prepare one plan view schematic for proposed sidewalk improvements along one side of Victoria Avenue from Woodlake Drive to Wellborn Road. ii. Identify right-of-way needs based on the proposed sidewalk alignment. iii. Calculate quantities. iv. Prepare opinion of probable construction cost for sidewalk improvements. b. Traffic Engineering i. Document Vehicle Tracking, Fastest Path and Sight Distance Analysis for the preliminary roundabouts at Woodlake Drive and Creek Meadow Boulevard from the previously submitted PER. ii. The results will be summarized in a report along with any recommendations. c. Drainage Analysis and Design i. Utilize previously calculated H&H data from the Preliminary Engineering Report and the previous preliminary design phase for Victoria Avenue and update based on the desired direction of the City of College Station. The analysis and verification will only be for the cross-drainage structure at Victoria Avenue and Woodlake Drive and Victoria Avenue and Creek Meadows Boulevard. ii. Update the previously submitted PER with a revised drainage memo to reflect the current design concept in terms of the drainage infrastructure and system and roadway design. The proposed cross culvert system will be analyzed for an in- kind replacement and no upsizing is proposed. iii. Utilizing XP-Storm and/or HEC-RAS, the proposed roadway drainage cross culverts will be sized to convey existing conditions runoff for the current BCS Unified Design Guidelines designing to current culvert capacities of the two intersections. iv. Summarize drainage area maps, calculations, and output on proposed sheets within the proposed plan set. v. Final deliverable will include updated calculations, output, tables, appendices, and exhibits within a revised drainage memo. Drainage Analysis & Design Assumptions i. H&H analysis will utilize previously prepared data as part of the original PER and previous preliminary design phase plans including the use of Pre-Atlas 14 Rainfall amounts. ii. The cross culverts will be analyzed and sized for existing hydrologic conditions. The proposed design will be an in-kind replacement to match the existing peak discharge at the cross culverts. Page 63 of 299 EXHIBIT “A” Scope of Services Page 3 of 6 V:\Opportunity Documents\OP100-6651-00 Victoria Ave Rehab\2- 2022 Contract\A-Scope-Victoria RV1 20220316.docx iii. The existing peak discharge will be based on previous hydrologic analysis performed by JC, approximately 115 cfs for the 100-year at Victoria Avenue and Creek Meadows Boulevard. The existing hydrologic condition will be reviewed for subbasin development to match current conditions. The design plans for the downstream area inlet indicate approximately 81 cfs for the 100-year per the approved drainage report and subdivision plans prepared by Rabon Metcalf Engineering. iv. The existing ditch, downstream Victoria Ave and Creek Meadows Blvd, has a capacity of approximately 25 cfs in current conditions. No improvements to the downstream ditch section is proposed. v. The proposed structure crossing at Victoria Avenue and Woodlake Drive will be sized and restricted to current runoff by designing and installing similar sized structures. The current crossing is overtopped by approximately 3” and adding additional capacity could increase runoff downstream of Victoria Avenue and Greens Prairie Road requiring additional analysis and mitigation in the Castlegate Phase II detention pond. Effort for additional analysis is not included within this scope of work. vi. Tailwater conditions at the Beaver Creek Drive inlet will be based on previous JC survey. The existing ditch, downstream Victoria Ave and Creek Meadows Blvd, was surveyed in March 2021. vii. JC will respond to one (1) round of comments from the City. Additional comments or requested changes will be considered an additional service. 4. DESIGN PHASE a. General Design i. Prepare PS&E design details in accordance with the latest City of College Station policies and details. Cover Sheet, Index, General Notes, Bid Schedule, and Technical Specifications. b. Removal Plans i. Prepare layouts to delineate and quantify the limits of removals for pavement, drainage, and miscellaneous items. ii. Calculate quantities. c. Roundabout and Drainage Plans i. Prepare the various roadway and drainage plans and details required for PS&E development and deliverables including typical sections, geometrics, grading, and plan and profile sheets, etc. ii. Perform detailed grading design of roundabouts. iii. Establish limits of construction to establish and confirm ROW needs. iv. Develop necessary hydrologic and hydraulic data sheets: Drainage Area Map, Hydrology and Hydraulic Design Data. v. Assemble pertinent standard sheets and details. vi. Calculate quantities. Page 64 of 299 EXHIBIT “A” Scope of Services Page 4 of 6 V:\Opportunity Documents\OP100-6651-00 Victoria Ave Rehab\2- 2022 Contract\A-Scope-Victoria RV1 20220316.docx d. Erosion Control Plan i. Prepare base map for the limits of the project along with standard details for the contractor to utilize in his preparation of the Storm Water Pollution Prevention Plan. ii. Assemble pertinent standard sheets and details. iii. Calculate quantities. e. Traffic Control Plans (TCP) i. Prepare a TCP to include all geometry required to facilitate the movement of vehicles through the work zone at a reduced speed limit as well as work zone typical sections, lane markings, and standard details. ii. Provide Sequence of Construction and standards and general notes. iii. Assemble pertinent standard sheets and details. iv. Calculate quantities. f. Signing & Pavement Markings i. Perform design to establish required pavement markings and signing. ii. Develop the various plans and details required for PS&E development and deliverables. iii. Assemble pertinent standard sheets and details. iv. Calculate Quantities. v. No traffic signal services are included. g. Waterline Relocation Plans i. Waterline improvements involve relocation and consolidation of waterlines in conflict with proposed drainage improvements crossing under the proposed roundabouts. ii. Assemble pertinent plan and profile sheets, standard sheets and details. iii. Calculate quantities. iv. Utility flow analysis, line sizing, etc. is not included in this project scope. h. Streetlight Design i. Provide Plans and Specifications for streetlight design for two (2) roundabout intersections, one at Victoria Avenue and Creek Meadows Boulevard, and the other at Victoria Avenue and Woodlake Drive. ii. Streetlight design will be based on the City of College Station LED streetlighting standards. iii. Streetlights may be placed on existing electric distribution poles or new steel streetlight poles in the right-of-way. iv. Streetlighting material specifications will utilize the City of College Station standards for streetlight poles, LED luminaries, and conduit placement. v. Electric circuits to serve the streetlights will be shown on the design utilizing a BTU streetlight controller serving the lighting circuits. BTU will furnish the point of service for the lighting circuits. vi. Calculate quantities. Page 65 of 299 EXHIBIT “A” Scope of Services Page 5 of 6 V:\Opportunity Documents\OP100-6651-00 Victoria Ave Rehab\2- 2022 Contract\A-Scope-Victoria RV1 20220316.docx i. Submittals i. 30% design submittal including the following pdf files: a. Drawings (2 copies 11x17) b. Sidewalk feasibility study c. Opinion of probable construction cost ii. 60% design submittal including the following pdf files: a. Drawings (2 copies 11x17) b. Sidewalk drawings (2 copies 11 x 17) c. Technical specifications d. Opinion of probable construction cost iii. 90% and Final design submittal including the following pdf files: a. Drawings (2 copies 11x17) b. Sidewalk drawings (2 copies 11 x 17) c. Technical specifications d. Opinion of probable construction cost e. Bid Schedule 5. BID/CONSTRUCTION PHASE a. The compensation for all Bid/Construction Phase services is estimated and will be invoiced based on hourly effort for each task. b. Bidding Phase Services i. Issue Addenda (up to 3) as appropriate to clarify, correct, or change the contract documents. ii. Attend the Pre-bid meeting. c. Construction Phase Engineering Services i. Provide a digital copy of conformed construction drawings and specifications, incorporating applicable addenda if applicable. ii. Attend the Pre-Construction meeting. iii. Attend bi-weekly construction progress meetings. iv. Perform monthly visits to observe progress and quality of work including the final punch list meeting with meeting minutes. v. Review shop drawings, submittals, RFI’s, and test results. vi. Construction duration of 4 months is estimated. d. Record Drawings i. Produce Record Drawings based on redline as-built drawings provided by the contractor. Provide 1 digital copy in AutoCAD and PDF format. e. Construction Material Testing i. Construction materials testing and reporting will be provided to verify and document construction compliance with the contract documents for earthwork, base material and hot mix asphalt concrete. The compensation is estimated from our sub-consultant based on similar projects and will be invoiced based on sub- consultant invoice plus 10% markup. Page 66 of 299 EXHIBIT “A” Scope of Services Page 6 of 6 V:\Opportunity Documents\OP100-6651-00 Victoria Ave Rehab\2- 2022 Contract\A-Scope-Victoria RV1 20220316.docx Other Project & Scope Assumptions 1. Services resulting from changes after 60% approval in the general project scope, extent or character of the project or scope of work, and revising previously accepted studies, reports, design documents, or contract documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond the Engineer’s control shall be considered additional services and not included herein. 2. No structural design services are included. 3. No sanitary sewer design services are included. 4. No stormwater detention evaluation/design is included in this scope. 5. Field project representation / inspection services are not included. 6. Any other services not specifically stated within this scope of work shall be considered additional services including TxDOT or other agency requirements. Page 67 of 299 Exhibit B Payment Terms Page 1 of 1 V:\Opportunity Documents\OP100-6651-00 Victoria Ave Rehab\2- 2022 Contract\B-Pay-Victoria RV1 20220316.docx Payment is a lump sum 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. Schedule of Payment for each phase: Victoria Avenue Roundabouts Fee Project Management Project Management $ 10,000 Total Project Management $ 10,000 Surveying Topographic Survey Update $ 3,400 Total Surveying $ 3,400 Preliminary Engineering Sidewalk Feasibility Study $ 5,000 Traffic Engineering $ 5,000 Drainage Analysis and Design $ 12,000 Total Preliminary Engineering $ 22,000 Design Phase General Design $ 3,000 Removal Plans $ 3,000 Roundabout and Drainage Plans $ 50,000 Erosion Control Plans $ 3,000 Traffic Control Plans $ 6,000 Signing & Pavement Markings $ 8,000 Waterline Relocation Plans $ 10,000 Streetlight Design $ 16,500 Total Design Phase $ 99,500 Bid/Construction Phase Bidding Phase $ 4,000 Construction Phase Engineering $ 15,000 Record Drawings $ 3,000 Construction Material Testing $ 26,000 Total Bid/Construction Phase $ 48,000 Total $ 182,900 Page 68 of 299 May 26, 2022 Item No. 8.7. B-CS Habitat for Humanity Contract Change Order Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a Change Order to a Community Development Block Grant Funding Agreement with Bryan-College Station Habitat for Humanity in the amount of $200,000 for the development at 14015 Renee Lane, the extension of the contract term, and a change to the Statement of Work reducing the number of house to be developed. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of a Change Order to Contract # 17300511 with Bryan-College Station Habitat for Humanity in the amount of $200,000, extension of the contract Term, and revision to the Statement of Work to reduce the number of houses to be developed to five (5). Summary: In July of 2017, the City executed a Community Development Block Grant (CDBG) Funding agreement in the amount of $794,000 with Bryan-College Station Habitat for Humanity (Habitat) for the acquisition, development and infrastructure costs related to the development of at least eight affordable single-family homes at 14015 Renee Lane. The City of College Station annually receives CDBG from the U. S. Department of Housing and Urban Development and utilizes the funding to address the growing need for more affordable, decent housing units, creating a suitable living environment, and expanding economic opportunities, principally for low- to moderate- income residents. The City of College Station has a long history of partnering with Habitat to build quality, affordable homes for income-eligible homebuyers. Acquisition was completed in July of 2017 and Habitat started working with the seller's engineering firm, who had developed a preliminary site plan that indicated the ability to develop 9 lots in a cluster development. The zoning in place would support this type of development. According to the attached request for additional funding received from Habitat, "BCS Habitat misunderstood the complexity of developing this property on Renee Lane at the time of entering into the contract. We entered into the contract with the understanding that there was a development plan ready to go and the engineering had already been paid for by the previous owners. This was how the property was represented by the sellers and confirmed by their engineers." Habitat continued to work with the first engineering firm through January 2020, when they terminated their contract with them for lack of responsiveness. COVID lockdowns began in March 2020 and a contract was executed with a second engineering firm in April 2020. The preliminary evaluation by the second firm of the working plan developed by the first engineering firm was that the planned cluster development on the plat was not feasible due to the detention needed. The second engineering firm then started a new design to meet all of the existing requirements. The proposed site plan that has now been submitted for review includes 5 lots. A complete timeline of the development work is included in the attached letter requesting additional Page 69 of 299 funds. Additional factors that have led to this request and proposed change order include rising costs due to inflation, supply chain issues, labor demands related to COVID and increases in construction during COVID due to low interest rates. These factors are beyond the control of Habitat and unanticipated in 2017. This Change Order will also extend the contract period through June 30, 2023 to allow sufficient time for the construction of the houses and reduce the number of housing identified in the statement of work to 5. If this Change Order is approved, the total CDBG funds invested in this development for acquisition, engineering, and infrastructure expenses will be $994,000, or $198,800 per lot. This amount does not include any expenses for housing construction. Budget & Financial Summary: CDBG funds are available in the Community Development fund through an amendment to the 2022 Annual Action plan and FY22 budget. Funds will be transferred from Economic Development as no eligible activities have been identified during this fiscal year. Attachments: 1.Attachment 1 - Request for Additional Funding 2022 2.Attachment 2 - Change Order #1 Page 70 of 299 Page 71 of 299 Page 72 of 299 Page 73 of 299 Page 74 of 299 Page 75 of 299 CHANGE ORDER NO. 1 DATE: 5/26/2022 Contract No. 17300511 PO No. 17205156 PROJECT: CD1712 OWNER:CONTRACTOR:BCS Habitat for Humanity, Inc. City of College Station 119 Lake Street P.O. Box 9960 Bryan, Texas 77801 Ph: 979-823-7200 College Station, Texas 77842 Fax: PURPOSE OF THIS CHANGE ORDER: Increase the contract amount and extend the contract time by an 18 months due to delays caused by 2 separate engineering firms procured by BCS Habitat for Humanity for platting the parcel at 14015 Renee Ln & infrastructure design, lengthy environmental issues & clearances caused by the Army Corps of Engineers, and unanticipated increases in construction materials & costs caused by COVID & supply chain issues. ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 200,000 Additional CDBG funding $1.00 794000 994000 $200,000.00 2 Article III Term - Change date to June 30, 2023 $0.00 3 $0.00 TOTAL $200,000.00 LINE 1 (acct./work order number)$200,000.00 LINE 2 (acct./work order number)$0.00 LINE 3 (acct./work order number)$0.00 TOTAL CHANGE ORDER $200,000.00 ORIGINAL CONTRACT AMOUNT $794,000.00 CHANGE ORDER NO. 1 $200,000.00 25.00%% CHANGE CHANGE ORDER NO. 2 $0.00 % CHANGE REVISED CONTRACT AMOUNT $994,000.00 % TOTAL CHANGE ORIGINAL CONTRACT TIME 53 Months Time Extension No. 1 30 Months Revised Contract Time 83 Months SUBSTANTIAL COMPLETION DATE 31-Dec-21 REVISED SUBSTANTIAL COMPLETION DATE 30-Jun-23 APPROVED ___N/A________________________________________________________________________________ A/E CONTRACTOR Date DEPARTMENT DIRECTOR Date _________________________________________________N/A_________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date _________________________________________________N/A_________________________________ PROJECT MANAGER Date CITY ATTORNEY Date ___N/A____________________________________________N/A________________________________ CITY ENGINEER Date CITY MANAGER Date THE NET AFFECT OF THIS CHANGE ORDER IS 25 % INCREASE/DECREASE. Exhibit A - Detailed Statement of Work - Will develop five (5) new, affordable, signle family residences Page 76 of 299 May 26, 2022 Item No. 8.8. Provision of services by Global Payments Direct, Inc. (“Global”) for Credit Card Payment Processing Services by approving Amendment No. 4 Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action to approve the provision of services by Global Payments Direct, Inc. (“Global”) for Credit Card Payment Processing Services by approving Amendment No. 4 which renews the agreement and formally downward adjusts the annual estimated expenditure to $250,000. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff respectfully recommends approving Amendment No. 4. Summary: This contract was originally approved by City Council on May 11, 2017 and it provided for an initial three-year term with two additional one-year renewal options with estimated annual expenditures being based on a contracted per-transaction rate and an estimated volume of transactions. The final renewal term is scheduled to expire on May 31, 2022 and Global’s services are considered ongoing as their payment processing solution is integrated with the Tyler software products that are currently in use by the City which are Tyler Cashiering and Incode. Therefore, it is in the City’s best interest to approve Amendment 4 to extend the life of the agreement for an initial three-year renewal term with two additional one-year renewal options. As a matter of additional information, Amendments 1-3, which were formally approved by City Council, either increased or decreased the annual not-to-exceed contract amount to accommodate the fluctuation of transaction activity. The following departments utilize this contract to process credit/debit card payments: Municipal Court, City Secretary and Accounting. Budget & Financial Summary: Banking and service fees associated with the acceptance of credit cards as a method of payment are charged to each department that accepts Visa, MasterCard and Discover. Attachments: 1.Global Payments Amendment 4 Letter Agreement Page 77 of 299 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov the heart of the Research Valley April 27, 2022 ATTN: Ken Anderson GLOBAL PAYMENTS DIRECT, INC. 10 Glenlake Parkway Northeast Atlanta, GA 30328 RE: Contract #17300033 (“Contract”), Term Extension, Letter Amendment #4 City of College Station General Service Contract Dear Mr. Anderson, The City of College Station (“City”) and you, acting on behalf of Global Payments Direct, Inc. (“Global”) would like to extend the term of the above-referenced Contract for an additional three- year term with an option to renew for two one-year terms, and to amend the annual amount not to exceed to $250,000.00 for the term of June 1, 2022 through May 31, 2025. Currently, Global is the sole vendor for services to be rendered to the City under this Contract that fully integrates with City’s Tyler (Munis) products which is necessary to process payments. Both the City and Global mutually agree that Sections 1.1/Consideration and 1.4/Term of the Contract be amended to read in their entirety as follows: 1.1 Consideration. For the annual period of June 1, 2021 through May 31, 2022, in consideration for the services performed in the Scope of Services and Contractor’s completion of work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Three Hundred Sixty-Five Thousand and No 100 Dollars for each year this Contract is in effect. Thereafter, in consideration for the services performed in the Scope of Services and Contractor’s completion of work in conformity with this Contract, the City shall pay the Contractor an amount not to exceed Two Hundred Fifty Thousand Dollars and no/100 ($250,000.00) for each year this Contract is in effect. 1.4 Term. The services performed under this Contract are of an ongoing nature. Effective June 1, 2022, an extended term of the Contract will commence and be of a duration of three (3) years. Following such Contract extension, the City reserves the right to renew the Contract for two additional one (1) year terms upon written notice by the City to the Contractor and Contractor’s written acknowledgement thereof. Should the City fail to notify the Contractor of a renewal prior to the expiration date; the Contract shall remain effective on a month-to-month basis under the same terms and conditions. At any time during the term of this Contract or at renewal, and upon written request to the Contractor, the City may review the rate schedule attached hereto. Page 78 of 299 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov Both parties agree that all other terms and conditions as set forth in the Contract remain unchanged. By signature below, the parties indicate their written mutual acceptance of this renewal and amendment in accordance with the terms of the Contract. In order to assist in processing, we ask that you electronically sign the following acceptance letter via DocuSign. Sincerely, Lisa D. Davis, CPM, APP Purchasing Manager Page 79 of 299 CONTRACT EXTENSION AND LETTER AMENDMENT NO. 4 ACCEPTANCE Contract No. 17300033 ACCEPTED AND APPROVED: GLOBAL PAYMENTS DIRECT, INC. By: _________________________________ Name: _________________________________ Title: _________________________________ Date: _________________________________ CITY OF COLLEGE STATION _________________________________ Bryan Woods, City Manager Date: ____________________________ APPROVED _________________________________ City Attorney Date: ____________________________ _________________________________ Asst. City Manager/CFO Date: ____________________________ Page 80 of 299 May 26, 2022 Item No. 8.9. Annual contract for the on-site security operations for City-sponsored events and security detail for Northgate. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on approving an annual contract for the on-site security operations for City-sponsored events and security detail for Northgate, through the General Services Administration (GSA) Cooperative. The estimated annual expenditure is $160,000. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends award to TNT Security Solutions, LLC Summary: TNT Security Solutions, LLC is a GSA contractor for the on-site security operations for City sponsored events and security detail for Northgate. (Contract 47QSWA21D0051) GSA is a purchasing cooperative for public agencies. All products and services available for purchase through GSA contracts have been competitively bid and awarded and satisfy any State law requirements relating to competitive bids or proposals. Upon Council approval a not to exceed contract will be issued for City departments that need this service. The service will be expensed as needed basis. This is a one-year contract with the option of two possible renewal terms. Budget & Financial Summary: Funds are available in the department’s FY22 budget. Attachments: 1.22300486 - BW Page 81 of 299 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: PROJECT#: _________ BID/RFP/RFQ#: Project Name / Contract Description: _ Name of Contractor: CONTRACT TOTAL VALUE: $ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 82 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 1 CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This General Service Contract is by and between the City of College Station, a Texas Home- for the following work: _______________________________________________________________________________ as described in the Scope of Services attached as ARTICLE I PAYMENT AND TERM 1.01 Consideration. In consideration for the services performed in the Scope of ity shall pay the Contractor an amount not to exceed ___________________________________________________________ and ____/100 Dollars ($____________). 1.02 Payment Application. Within seven (7) calendar days of completion of the services the Contractor will submit its payment application to the City. 1.03 The City will pay Contractor as shown in Exhibit Payment Schedule, for the services performed no later than thirty (30) calendar days from the date of the City 1.04 Time is of the Essence. The Contractor must complete all the services described in the Scope of Services by the following dates: ____________________________________________________________. OR 1.04 Term. The initial term of the Contract is for one (1) year with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. Any renewal must be in writing and executed by the parties. 1.05 Executed Contract. commence until this Contract is fully executed and all exhibits and other attachments are completely executed and attached to the Contract. ARTICLE II CHANGE ORDERS 2.01 Changes will not 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 Contractor will not execute change orders on behalf of the City TNT Security Solutions, LLC. Security needs for City events on an as needed basis One Hundred Sixty Thousand 00 160,000.00 Page 83 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 2 or otherwise alter the financial scope of the services except in the event of a duly authorized change order approved by the City as provided in this Contract. (a) City Manager Approval. When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee 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 of the City must approve such change order prior to commencement of the services or work; and (b) City Council Approval. When the original contract amount plus all change orders is greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000. For such contracts, when a change order exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work. The sum of all change orders may not exceed 25% of the original contract amount. (c) Increase in Scope. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in Article I of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. (d) Dispute. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. ARTICLE III INDEPENDENT CONTRACTOR AND SUBCONTRACTORS 3.01 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor retained for the services described in the Scope of Services. The Contractor shall be solely responsible for and have control over the means, methods, techniques and procedures, and for coordination of all portions of the work or services. Unless otherwise provided in the Contract, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work or services. In addition, at the appropriate times, the Contractor shall arrange and bear cost of tests, inspections, and approvals of portions of the work or services required by the Contract or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. The City will not control the manner or the means of the Contractor's performance, but shall be entitled to a work product as in the Scope of Services. The City will not be responsible for reporting or paying employment taxes or other similar levies that Page 84 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 3 may be required by the United States Internal Revenue Service or other State or Federal agencies. This Contract does not create a joint venture. 3.02 Subcontractor. shall mean and include only those hired by and having a direct contact with Contractor for performance of work or services on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work or services on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. ARTICLE IV INSURANCE 4.01 The Contractor 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 services performed by the Contractor, its officers, agents, volunteers, and employees. 4.02 volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in E . requirements of this section. 4.03 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation . 4.04 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. (c) Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. Page 85 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 4 (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) T . (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 4.05 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured an - to self-insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 4.06 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated (b) Policies shall contain an endorsement listing the City as Additional Insured - to self-insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. 4.07 Insurance. The following shall include the following terms: Page 86 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 5 (a) ity not less than $1,000,000 for each accident/each disease/each employee are required; (b) ; and (c) ion coverage named in . ARTICLE V INDEMNIFICATION AND RELEASE 5.01 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, any person or for damage to any property arising out of or in connection with the work or services done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 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. 5.02 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. 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. ARTICLE VI GENERAL TERMS 6.01 Performance. Contractor, its employees, associates, or subcontractors shall perform all the work or services described in the Scope of Services in a good, workmanlike, and professional manner and in accordance with this Contract, and all applicable laws, codes, and regulations. Contractor shall be fully qualified and competent to perform the work or services. Contractor shall undertake and complete the work or services in a timely manner. Page 87 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 6 6.02 Termination. The City may terminate the Project and this Contract, at any time, for convenience. In the event of such termination the City will notify the Contractor in writing and the Contractor shall cease work immediately. Contractor shall be compensated for the work or services performed. Should the City terminate this Contract for convenience, the City shall pay Contractor for the work or services performed and expenses incurred before the date of termination. 6.03 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 6.04 Amendment. This Contract may only be amended by written instrument approved and executed by the parties. 6.05 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials incorporated into the project. If necessary, it is the Contractor's responsibility to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable the Contractor to buy any materials to be incorporated into the project and then resell the aforementioned materials to the City without paying the tax on the materials at the time of purchase. 6.06 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 6.07 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 6.08 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 6.09 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 6.10 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 Agreement 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 Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. Page 88 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 7 6.11 Entire Agreement.This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 6.12 Agree to Terms.The parties state that they have read the terms and conditions of this Contract and agree to the terms and conditions contained in this Contract. 6.13 Effective Date.This Contract goes into effect when duly approved by all the parties hereto. 6.14 Notice. CITY OF COLLEGE STATION Attn: _______________ PO BOX 9960 Attn: ___________________ 1101 Texas Ave ________________________ College Station, TX 77842 ________________________ ________________@cstx.gov ________________________ 6.17 Exhibits. (a) Brandi Whittenton bwhittenton TNT SECURITY SOLUTIONS, LLC. Travis Lacox 8330 Gourd Neck Loop Franklin, TX 77856 travis.lacox@tntsecuritysolutions.com Page 89 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 8 (b)Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c)Boycott Energy Companies. Subject to § 2274.002 Texas Government Code Con herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. Page 90 of 299 Contract No.___________ General Service Contract Form 08-10-2021 Page | 9 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: APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: TNT SECURITY SOLUTIONS, LLC. Page 91 of 299 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT A SCOPE OF SERVICES The terms and conditions of this Contract shall take precedence and control over any term or provision of the Scope of Services that in any way conflicts with, differs from, or attempts to alter the terms of this Contract. Contract is for Security needs for City events on an as needed basis. Page 92 of 299 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT B PAYMENT SCHEDULE The Contractor must submit monthly invoices to the City, accompanied by an explanation of charges, fees, services, and expenses. The City will pay such invoices in compliance with the Texas Prompt Payment Act. -OR- Payment is a fixed fee in the amount listed in Article I 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 City will pay such invoices in compliance with the Texas Prompt Payment Act. Schedule of Payment for each phase: GSA Contract Number 47QSWA21D0051 Hourly Rate is 69.50 Holiday hourly rate is: 104.25 There will be a 4hr minimum charge per officer(s) Cancellation must be within 24hrs prior to service. If notification is not within 24hrs there will be a charge for a minimum 4 hours. Page 93 of 299 Contract No.___________ General Service Contract Form 08-10-2021 EXHIBIT C CERTIFICATES OF INSURANCE Page 94 of 299 Page 95 of 299 May 26, 2022 Item No. 8.10. Presentation, discussion, and possible action on renewal of Gartner subscription agreement in the amount of $149,378.00. Sponsor:Sam Rivera Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on renewing a subscription agreement with Gartner, Inc. for $149,378. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): CIO recommends approval of the contract Summary: This contract renewal is to renew the license subscription for Gartner and add a new subscription for the Cybersecurity division. Gartner is a technological research and consulting firm used by the IT Department. Gartner for public sector will provide the IT Department with monthly meetings, access to expert advice, technical reviews of products and software, multiple opportunities for seminars or conferences, and no cost training. Access to Gartner experts allows the IT Department to make better decisions and drive digital government initiatives. The city has used Gartner for four years. With this renewal we are adding a cyber security component, which would allow city cyber security staff access to detailed cyber experts along with up to the minute warnings and insight for the future. The use of Gartner saves valuable staff time and allows the city to take advantage of proven technologies and training. Budget & Financial Summary: Funds will be coming out org 10011250 obj 5935. Attachments: 1.GartnerContract Page 96 of 299 Page 97 of 299 Page 98 of 299 Page 99 of 299 Page 100 of 299 Page 101 of 299 Page 102 of 299 Page 103 of 299 May 26, 2022 Item No. 8.11. Lincoln Center Park Improvements - Playground Equipment Replacement Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a contract in the amount of $206,193 with Quality Works Construction, Inc. for Lincoln Center Park Improvements that includes the replacement of playground equipment. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract with Quality Works Construction, Inc. in the amount of $206,193 for the Lincoln Center Park Improvements Summary: The playground equipment at the Lincoln Center has reached the end of it's useful life. This proposed project includes the demolition of existing antiquated playground equipment and replacing it with newly upgraded equipment. As the project is located at the Lincoln Center, this project was determined to be eligible for Community Development Grant funds and was included in the FY22 (PY21) Annual Action Plan and Community Development Budget. Two bids were received in response to ITB22-049. One bid was determined to be unresponsive. Quality Works Construction, Inc. submitted a bid of $206,193 that was reviewed and determined to meet the specifications. Budget & Financial Summary: Community Development Block Grant funds for this contract are available in the FY22 (PY21) Community Development budget. Attachments: 1.1 - ITB 22-049 Bid Tabulation 2.22300516 Quality Works Construction Page 104 of 299 City of College StationITB 22‐049, Lincoln Center Park ImprovementsBid Opening: Friday, April 29, 2022 at 2:00 p.m. CSTITEM QTY Unit DescriptionUnit Price Total169SYRemove sidewalks as shown on plans & specifications and dispose offsite, to include all material, labor and equipment to complete the work.230.00$                             15,870.00$           288SYRemove brick pavers as shown on plans & specifications and dispose offsite, to include all material, labor and equipment to complete the work.100.00$                             8,800.00$             32EARemove bike racks as shown on plans & specifications and dispose offsite, to include all material, labor and equipment to complete the work.400.00$                             800.00$                 4 130 LFRemove playground perimeter curb as shown on plans & specifications and dispose offsite, to include all material, labor and equipment to complete the work.92.00$                               11,960.00$           589SYInstall 6" thick concrete sidewalk as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in‐place.190.00$                             16,910.00$           616CYInstall 4" thick concrete playground basin and perimeter curb, as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in‐place.736.00$                             11,776.00$           74CYInstall concrete walls, as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in‐place.800.00$                             3,200.00$             8** 1 LSFurnish and Install playground structure by Superior Playground, or approved equivalent, as shown on plans & specifications, to include removal of existing playground structure and surface, as well as all proposed materials, labor and equipment to complete the work, complete in‐place.  List Manufactor below                                                                     60,000.00$                        60,000.00$           9 200 CFInstall 1" minimum of pea gravel under surfacing around the trees and necessary amount under 2.75" thick playground surfacing to fill drainage basin as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in‐place.88.00$                               17,600.00$           10 218 SYFurnish and Install minimum 2.75" IPEMA certified shredded bonded rubber safety surface (1/3 Red, 1/3 Green, and 1/3 Tan with aromatic binder), or approved equivalent, as shown on plans & specifications, to include all materials, concrete saw cuts and grading, labor and equipment to complete the work, complete in‐place. Provide a sample to the City Parks Department before placement. 187.00$                             40,766.00$           11 106 LFInstall 4" PVC SCH 40, as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in‐place.51.50$                               5,459.00$             12 64 SYProvide postive drainage by infilling areas, as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in‐place. Provide City Parks Departemnt with a grading plan before proceeding. 121.50$                             7,776.00$             13 1 LSFurnish a licensed arborist and provide tree protection (Estimated 125 LF) and Tree anchor/brace as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in‐place.500.00$                             500.00$                 14 478 LFInstall and remove erosion control log dams as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in‐place.4.50$                                  2,151.00$             15 175 SYFurnish and Install hydro‐mulch bermuda and rye mix in disturbed areas as shown in plans. To include smoothing, minor grading, watering, maintenance and clean‐up as shown on plans & specifications, complete in‐place.15.00$                               2,625.00$             Total Base BidList Playground structure manufactor   _______________________________________________________       Acknowledge of AddendumsBid BondSection 3 informationNOTES:Dudley Construction is deemed non‐responsive due to not having the correct bid form. Caluclation errors items highlighted are correct.YY8**Addendum#3 QUALITY WORKS CONSTRUCTION, INC.      NAVASOTA, TX206,193.00$                                                       Game Time Total Recreation ProductsYITB 22‐049 Addendum 3 ‐ Page 1Page 105 of 299 Page 106 of 299 Page 107 of 299 Page 108 of 299 Page 109 of 299 Page 110 of 299 Page 111 of 299 Page 112 of 299 Page 113 of 299 Page 114 of 299 Page 115 of 299 Page 116 of 299 Page 117 of 299 Page 118 of 299 Page 119 of 299 Page 120 of 299 Page 121 of 299 Page 122 of 299 Page 123 of 299 Page 124 of 299 Page 125 of 299 Page 126 of 299 Page 127 of 299 Page 128 of 299 Page 129 of 299 Page 130 of 299 Page 131 of 299 Page 132 of 299 Page 133 of 299 Page 134 of 299 Page 135 of 299 Page 136 of 299 Page 137 of 299 Page 138 of 299 Page 139 of 299 Page 140 of 299 Page 141 of 299 Page 142 of 299 Page 143 of 299 Page 144 of 299 Page 145 of 299 Page 146 of 299 Page 147 of 299 Page 148 of 299 Page 149 of 299 Page 150 of 299 Page 151 of 299 Page 152 of 299 Page 153 of 299 Page 154 of 299 Page 155 of 299 Page 156 of 299 Page 157 of 299 Page 158 of 299 Page 159 of 299 Page 160 of 299 Page 161 of 299 Page 162 of 299 Page 163 of 299 Page 164 of 299 Page 165 of 299 May 26, 2022 Item No. 8.12. Sheltering services provided by the Aggieland Humane Society. Sponsor:Chris Perkins Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an animal sheltering services agreement with the Aggieland Humane Society. Relationship to Strategic Goals: Good governance Recommendation(s): Recommend council review this agreement. Summary: The City of College Station contracts with the Aggieland Humane Society for animal sheltering services and has contracted their services since 2011. The purpose of this contract is to continue services with the Aggieland Humane Society for fiscal years 2023-2027. The City and the Humane Society have negotiated the FY23 funding level based upon historical and anticipated demand for services, at a proposed cost of $276,000. Costs for the initial year of the agreement are delineated in the proposed budget for the Humane Society and costs in all subsequent years will be established through resolution. Budget & Financial Summary: Not to exceed $276,000 in FY 2023. Costs in all subsequent years will be established through resolution. Attachments: 1.CS Animal Shelter Agreement FY 2023-2027 2.FYE 2023 College Station Package Page 166 of 299 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 167 of 299 Animal Shelter Agreement Contact No. 22300511 Page 1 of 12 AGREEMENT FOR ANIMAL SHELTER SERVICES PROVIDED BY AGGIELAND HUMANE SOCIETY, INC. This Agreement is by and between the City of College Station, a Texas home rule municipal corporation (“City”) and the Aggieland Humane Society, Inc., a Texas non-profit corporation, (“Shelter”). WHEREAS, the Shelter operates an animal Shelter facility located at 5359 Leonard Road, Bryan, in Brazos County, Texas, housing stray, unwanted or abandoned animals; and WHEREAS, the City needs a facility to house animals it takes possession of in the City pursuant to its ordinances after animals have been abandoned, seized, or are considered strays as defined by the City’s ordinances; and WHEREAS, the City desires to have the Shelter perform animal services, including the collection, administration and accounting of funds associated with impoundment, boarding and licensing of animals brought to the Shelter by the City; and KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the mutual covenants expressed, the receipt and sufficiency of which is acknowledged, the parties agree as follows: ARTICLE ONE DEFINITIONS The Parties agree that the following definitions shall apply to this Agreement: 1.1 Animals mean domestic animals such as dogs, cats and domesticated rabbits, non- indigenous reptiles and shall exclude birds, fowls and livestock. 1.2 Annual Payment means the annual amount City pays the Shelter for its services pursuant to this Agreement. 1.3 Birds and Fowls means an animal belonging to the class of Aves including members of the parrot family and all game birds, including, but not limited to dove, quail, duck, goose, pigeon, cardinal, blue jay, robin, sparrow, blackbird, and crow. 1.4 City Licensing Program means the City program of licensing dogs and cats in accordance with City’s ordinance and Chapter 826, Texas Health and Safety Code. 1.5 Facility means the Shelter’s facility used for providing shelter and other services for the City currently located at 5359 Leonard Road, Bryan, Texas. 1.6 Livestock means the same as in Texas Agriculture Code Section 1.003(3) and shall include Page 168 of 299 Animal Shelter Agreement Contact No. 22300511 Page 2 of 12 cattle, horses, mules, asses, sheep, goats and hogs and shall also include bison, swine and other equine, poultry, wild rabbits, exotic animals, or domestic game birds. ARTICLE TWO IMPOUNDMENT 2.1 Facility. The Shelter represents that its Facility may house and process animals for the City in a manner for the Shelter to meet its Agreement obligations as well as meets applicable the legal requirements for animal Shelters, including all rules and regulations pursuant to Chapter 823 Texas Health and Safety Code. 2.2 Impoundment. The Shelter will accept all animals brought to its Facility by the City. Such animals shall be impounded under the exclusive control and custody of the Shelter for periods of time as required by Title 10, Texas Health and Safety Code and the City’s ordinance except as hereinafter set forth. The Shelter is the designated caretaker of a stray, impounded or surrendered animals immediately upon intake at the Shelter. Before delivery to the Shelter, the City shall scan for microchips or search for a City license and use all reasonable diligence to notify the licensed owner, if any. The City shall take all injured animals that are licensed and tagged in accordance with the City’s licensing program to a veterinarian or animal clinic during the Shelter’s non- business hours for treatment in accordance with City’s ordinance. 2.3 Hold Period. Every animal delivered to the Facility by the City shall become the sole and exclusive property of the Shelter to process in accordance with this Agreement, including in accordance with the City’s Ordinance regarding impoundment and redemption. The City agrees that the passage of three (3) business days beginning from the date of delivery to the Shelter of every impounded stray animal is the “Redemption Period.” Neither the City or the City’s agents r City shall have any claim or right to any animal not claimed and redeemed during the Redemption Period. 2.4 Care. The Shelter will provide reasonable and appropriate care for all animals delivered to the Facility by the City. This includes adequate shelter, food, water and all other humane treatment. ARTICLE THREE ANIMAL DISPOSITION 3.1 Disposition Policy. The has the undisputed right, consistent with the City’s ordinance, Title 10, Texas Health and Safety Code and this Agreement, to dispose of every animal given into its custody in accordance with the following terms: (a) Return the animal to its former owner, if possible; (b) Place unclaimed animals in the care, custody, and control of new owners; or (c) Humanely destroy animals not claimed by owners. Page 169 of 299 Animal Shelter Agreement Contact No. 22300511 Page 3 of 12 3.2 Screening Potential Owners. The Shelter has the sole and exclusive right to determine the responsibility of persons offering to become the owners of unclaimed animals and the suitability of the home offered and shall have the sole and exclusive right to accept or reject such applicants for unclaimed animals. Pursuant to the terms of this Agreement, the Shelter shall have the sole and exclusive right to determine when animals are to be placed in a new home or destroyed but agrees to make a good faith attempt to place animals prior to destroying them. Notwithstanding the foregoing, the Shelter shall have the right to humanely destroy any animal impounded that is found to be physically suffering, injured or have a communicable disease before the end of the Redemption Period. 3.3 Impoundment, Boarding and Adoption Fees. The Shelter agrees, in accordance with Paragraph 3.1 of this Agreement, that if the owner of an impounded animal shall claim the animal before the Redemption Period the Shelter shall collect from the owner the then current impoundment fee together with the cost of boarding at the then current rate per animal. The Shelter shall require the owner of every impounded animal to pay all applicable fees including licensing and vaccination fees of an impounded animal which has not been inoculated and licensed, as appropriate. The Shelter shall set, in its sole discretion, all fees, if any, it charges to the public for an animal adoption. ARTICLE FOUR COLLECTION OF FEES 4.1 Enforcing Agency. City designates the Shelter and Shelter agrees to serve as the enforcing agency on behalf of the City for purposes set forth in this Agreement. The Shelter will act on City’s behalf by charging, collecting, and accounting for those fees it receives pursuant to City’s ordinance, including licensing fees, impoundment fees and boarding fees. 4.2 Disposition of Funds. The City assigns to the Shelter those fees collected for the registration of dogs and cats within Brazos County commonly referred to as “license fees” as well as impoundment fees and boarding fees. ARTICLE FIVE COST OF SERVICES AND FEES 5.1 Cost. The City will pay the Shelter for the services rendered in an Annual Payment The Annual Payment amount is approved by Council in the City’s approved annual budget each year. 5.2 Billing. The Shelter will invoice the City the Annual Payment amount in twelve (12) equal monthly installments. City will pay the monthly invoices pursuant to the Texas Prompt Payment Act. 5.3 Annual Adjustment. Before May 31st the parties agree to determine the Annual Payment amount for the next City fiscal year. Annual Payment amount is calculated by taking into consideration the reasonably anticipated annual costs for the Shelter to perform its services at the Facility, the reasonably anticipated annual amount of licensing fees the Shelter expects to receive Page 170 of 299 Animal Shelter Agreement Contact No. 22300511 Page 4 of 12 on behalf of the City, and other fees the Shelter collects that off-set operating expenses attributed to City. In determining the reasonably anticipated annual costs for the Shelter to perform its services, the actual total costs of such services to the proportionate care costs for animals the Shelter processes for the City is taken into consideration. The City agrees to adopt the new mutually agreed upon Annual Payment amount for each year this Agreement is in effect in connection with the adoption of its approved annual budget. 5.4 Additional Charges. In addition to the Annual Payment amount, there may be such additional charges assessed to the City for services performed by Shelter hereunder and as may from time to time be mutually agreed upon in writing. 5.5 Livestock, Birds and Fowl. The responsibility for seizing, securing, housing and disposing of livestock belongs to the Brazos County sheriff’s Office. If the City delivers livestock to the Shelter the Shelter shall be paid for actual expenses it incurs to feed, house, transport and dispose of such livestock in addition to any other amounts under this Agreement. If the City delivers birds or fowl to the Shelter the Shelter shall be paid for actual expenses it incurs to feed, house, transport and dispose of such birds and fowl in addition to any other amounts under this Agreement. Shelter will follow all applicable laws in processing livestock, birds and fowl hereunder. 5.6 Report. (a) The Shelter shall provide to the City, on or before the 20th day following each month during the term of this Agreement, a report setting forth the following information for each animal delivered by the City to the Facility: (i) date delivered to the Shelter; (ii) source of delivery (name of animal control officer); (iii) type of animal (cat, dog or other); (iv) duration of stay at the Shelter for each animal delivered by the City; (v) reason for impoundment if not a stray; and (vi) total number of animals delivered to the Shelter. (b) The Shelter will also provide to the City a report of any livestock, birds and fowl delivered by the City to the Facility setting forth: (i) the date of delivery; (ii) the source of delivery (name of animal control officer); (iii) the reason for delivery; (iv) the type of livestock, bird or fowl; and (v) any expenses incurred to date. 5.7 Financial Records and Audit. Shelter will conduct an audit at its expense if the City determines an audit is needed related to this Agreement. The audit must be conducted by an outside agency. The Shelter will provide the City a copy of the audit as soon as it is available. City reserves Page 171 of 299 Animal Shelter Agreement Contact No. 22300511 Page 5 of 12 the right to conduct its own audit of the records of the Shelter at any time it deems necessary The Shelter’s financial monthly reports will be provided monthly to the City Manager or designee. ARTICLE SIX RABIES OBSERVATION The Shelter shall accept from the City animals for rabies observation. Animals delivered for rabies observation shall be isolated for a period of at least ten (10) days or, in the case of a wild, stray or owner surrendered animal, three (3) days if the Shelter, in its sole discretion, decides to destroy the animal and send it to the Texas Department of State Health Services for rabies testing. The Shelter shall be responsible for the processing, storage and delivery for testing of animal carcasses and diagnostic fees for suspected rabies animals. The Shelter shall make available to the City, upon request, information about the disposition of any rabies suspected animal. ARTICLE SEVEN LEGAL HOLDS If an animal or livestock is being held by the Shelter as a result of a cruelty seizure, criminal prosecution or other legal hold by the City, the City shall reimburse the Shelter for any veterinarian invoices and medical bills incurred by the Shelter until the court awards the animal or livestock to the Shelter, orders it destroyed or orders it returned to its owner. The City shall not be liable for these costs in the event the Court orders the animal or livestock owner to pay such costs and the same are paid within sixty (60) days of such order. If the fees are not paid by the animal or livestock owner, after sixty (60) days the City shall be liable for those fees and shall remit the same upon invoice by the Shelter. In such instance, the Shelter confers upon the City all rights and remedies it may have by law or equity to recover such fees and costs from the owner. ARTICLE EIGHT CITY REPRESENTATIONS AND OBLIGATIONS The City represents to the Shelter that the City’s ordinances provide for the vaccination and licensing of animals under appropriate circumstances, impounding of animals running at large, and the regulation of the sale of animals, and that while this Agreement is in effect, such City Ordinance will be continued in force, provided, however, that such City Ordinance may be modified from time to time as the City deems appropriate. ARTICLE NINE SHELTER REPRESENTATIONS AND OBLIGATIONS 9.1 Hours of Operation. The Shelter will keep its Facility open to the public for at least three (3) hours per day on weekdays, and at least three (3) hours on Saturday (except holidays), for the purpose of giving owners ample opportunity to redeem their impounded animals. 9.2 Nondiscrimination. The Shelter covenants and agrees that, in connection with the performance of the Agreement, it will not discriminate against any individual with respect to Page 172 of 299 Animal Shelter Agreement Contact No. 22300511 Page 6 of 12 adoption of animals, compensation, terms or privileges of employment by reason of such individual’s race, color, religion, gender, national origin or handicap, except as exempted by bona fide occupational qualification and bona fide criteria for adoption. 9.3 Use of City funds. Shelter agrees that any monies it collects on behalf of City pursuant to the terms of this Agreement shall be handled in accordance with applicable law, including Sections 826.031 and 836.033 Texas Health and Safety Code. ARTICLE TEN INSURANCE 10.01 The Shelter shall procure and maintain, at its sole cost and expense for the duration of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Shelter, its officers, agents, volunteers, and employees. 10.02 The Shelter’s insurance shall list the City of College Station, its officers, agents, volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in Exhibit “A”. During the term of this Agreement the Shelter’s insurance policies shall meet the minimum requirements of this section. 10.03 Types. The Shelter shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation/Employer’s Liability. 10.04 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit “A”; and shall be approved by the City before work begins. (c) The Shelter shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) The City will not accept “claims made” policies. (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. Page 173 of 299 Animal Shelter Agreement Contact No. 22300511 Page 7 of 12 10.05 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) General Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self-insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 10.06 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured and further providing “primary and non-contributory” language with regard to self-insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. 10.07 Workers’ Compensation/Employer’s Liability Insurance. The following Workers’ Compensation Insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included in this policy; and (c) TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those named in Item 3A and the States of NV, ND, OH, WA, WV, and WY”. Page 174 of 299 Animal Shelter Agreement Contact No. 22300511 Page 8 of 12 ARTICLE ELEVEN INDEMNIFICATION The Shelter will indemnify and hold the City harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney’s fees, for injury or death of any person, for damage to any property, or for any breach of contract arising out of or in connection with the work done under this Agreement ARTICLE TWELVE CONTRACT TERM This Agreement term is for five (5) years. ARTICLE THIRTEEN TERMINATION AND DEFAULT 13.1 This Agreement terminates any prior agreements the parties have executed for Animal Shelter Services. 13.2 Termination for Convenience. Either party may terminate this Agreement for convenience at any time with at least one hundred eighty (180) days written notice to the other party. The City shall pay those expenses that accrue to the termination date, off-set by any fees collected on the City’s behalf by the Shelter 13.3 Shelter Default. If Shelter breaches this Agreement or fails to obtain or comply with applicable state law requirements for performing shelter services, the Shelter will have defaulted and breached this Agreement. City in writing will give Shelter notice of the default and a reasonable amount of time to cure the default. If the Shelter is unable to timely cure a default, then City shall be excused from paying or performing any further obligations under this Agreement. If Shelter is in default, Shelter may only terminate this Agreement without further liability to City. 13.4 City Default. If City breaches any material term or condition of this Agreement and Shelter is not in default, the Shelter, shall give the City writing notice of the default and a reasonable time to cure the default. In no event shall City be liable to Shelter for any consequential damages as a result of its breach. In the event the City fails to remit to the Shelter the undisputed annual payment or any additional fees and expenses due, the City shall be in default. Any past due payment of fees and expenses shall bear interest in accordance with Texas Government Code, Chapter 2251. The Shelter may, in its sole discretion, terminate this agreement for non-payment of undisputed fees if the City has not cured its default after sixty (60) days written notice. Page 175 of 299 Animal Shelter Agreement Contact No. 22300511 Page 9 of 12 ARTICLE FOURTEEN NOTICE Any official notice sent under this Agreement except as may be otherwise expressly required in this Agreement shall be written and mailed by certified receipt requested, or personally delivered to an officer of the receiving party at the following: Aggieland Humane Society Attn: President 5359 Leonard Road Bryan, Texas 77807 Telephone: 979-775-5755 Facsimile: 979-822-0411 City of College Station Attn: Chief of Police PO Box 9960 College Station, Texas 77840 Telephone: 979-764-3605 Facsimile: 979-764-3468 Each party may change its address by written notice to the other party in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged or confirmed, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the other party, as the case may be. ARTICLE FIFTEEN MEDIATION Any dispute or claim in law or equity arising out of this Agreement or any resulting transaction, including disputes or claims involving the parties to this Agreement, their officers, agents or employees, may be submitted to neutral, non-binding mediation before the commencement of litigation or any other proceeding before a trier of fact. The parties will act in good faith to participate in mediation, and to identify a mutually acceptable mediator. The parties to the mediation agree to share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by both parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the parties reflecting the same, and the parties may then proceed to seek an alternative form of resolution of the dispute or claim, in accordance with the remaining terms of this Agreement and other rights and remedies afforded to them by law. ARTICLE SIXTEEN GENERAL TERMS 16.1 Effective Date. The date of the last party executing this Agreement making it fully executed. 16.2 Assignment. This Agreement is not assignable by either party without the written consent of the other. Page 176 of 299 Animal Shelter Agreement Contact No. 22300511 Page 10 of 12 16.3 Governing Law and Venue. The law of the State of Texas shall govern the validity, interpretation and performance of this Agreement, and this Agreement shall be considered performed in Brazos County. 16.4 Entirety. This Agreement is the entire agreement concerning the terms and conditions under which the services defined herein will be performed. 16.5 Entire Agreement. It is understood this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. All prior agreements, negotiations, representations, understandings, and partial agreements concerning this Agreement’s subject matter are terminated. 16.6 Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 16.7 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 16.8 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or any breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of nor excuse any other different or subsequent breach. 16.9 Compliance with Laws. The Shelter will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Shelter may not knowingly obtain the labor or services of an undocumented worker. The Shelter, not the City, must verify eligibility for employment as required by IRCA. 16.10 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to §2270.002 Texas Government Code, Contractor verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract; Page 177 of 299 Animal Shelter Agreement Contact No. 22300511 Page 11 of 12 (b) Boycott Firearms. If this Contract is for goods and services subject to §2274.002 Texas Government Code, Contractor verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to §2274.002 Texas Government Code Contractor herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. 16.11 Headings. The headings, sub-headings, and other subdivisions of this Agreement are inserted for convenience only. The Parties do not intend them to be an aid in legal construction. 16.12 Counterparts Permitted. This Agreement may be executed in any number of counterparts, and each such counterpart shall be deemed an original of this Agreement for all purposes. AGGIELAND HUMANE SOCIETY CITY OF COLLEGE STATION By: By: Jennifer Young, Executive Director City Manager Date: Date: APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Page 178 of 299 Animal Shelter Agreement Contact No. 22300511 Page 12 of 12 EXHIBIT A CERTIFICATES OF INSURANCE Page 179 of 299 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/2/2022 (979) 774-6262 (979) 774-5372 Aggieland Humane Society 5359 Leonard Rd Bryan, TX 77807 22945 A 1,000,000 X X MKPK09590200 11/25/2021 11/25/2022 300,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A MKPK09590200 11/25/2021 11/25/2022 B 0001053813 11/25/2021 11/25/2022 1,000,000 1,000,000 1,000,000 City of College Station is included as Additional Insured as per attached form CG2700 and Waiver of Subrogation is provided per attached form CG2404 and WC424304 City of College Station Attn: Chris Perkins P.O. Box 9960 College Station, TX 77842 AGGIHUM-02 DOTTIE Anco InsurancePO Box 3889Bryan, TX 77805 Dottie Vandagriff vandagriff@anco.com Arch Insurance Company Texas Mutual Insurance Company X X X X X X Page 180 of 299 Page 181 of 299 Page 182 of 299 Page 183 of 299 MKPK09590200 Any Person or Organization when you are specifically required by a written contract or agreement to include as an additional insured onto your policy and waive any right of recovery arising out of your ongoing operations or "your work" and included in the "products-completed operations hazard". Any person or organization does not include engineers, architects or surveyors. Page 184 of 299 Page 185 of 299 Page 186 of 299 Page 187 of 299 Page 188 of 299 Page 189 of 299 Page 190 of 299 Page 191 of 299 Page 192 of 299 Page 193 of 299 Page 194 of 299 May 26, 2022 Item No. 8.13. Presentation, discussion, and possible action regarding approval of Change Order 1 for the City’s annual price agreement with Techline Inc., for electric materials in inventory for the amount of $280,934.00 for an increase not to exceed total amount of $1,584,623.25. The original annual price agreement was for a not-to-exceed total amount of $1,303,689.25. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of Change Order 1 for the City’s annual price agreement with Techline Inc., for electric materials in inventory for the amount of $280,934.00 for an increase not to exceed total amount of $1,584,623.25. The original annual price agreement was for a not-to-exceed total amount of $1,303,689.25. Relationship to Strategic Goals: Core Services and Infrastructure Financially Sustainable City Recommendation(s): Staff recommends an increase of the annual price agreement with Techline, Inc. in the amount of $280,934.00. This is a contract estimate and within past fiscal year’s history for city-wide electrical warehouse needs. Summary: Council approved the original award for Electric Materials on October 28, 2021, Item #8.4, as a one-year (1) price agreement with an option to renew two (2) additional one (1) year terms. Due to market volatility, Techline, Inc. has requested an increase in unit pricing in accordance with the Escalation/De-escalation clause which was included in the bid’s terms and conditions. Upon Council approval, staff will issue an amended blanket contract to the vendor, to be used by Electric Warehouse throughout the year. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued to staff. Attachments: 1.22300068Chg Ord 1 Techline Inc AA Page 195 of 299 CHANGE ORDER NO. 1 DATE: May 26, 2022 Contract No. 22300068 PO No. PROJECT: OWNER:CONTRACTOR: City of College Station Techline, Inc. P.O. Box 9960 9609 Beck Circle Ph: College Station, Texas 77842 Austin, TX 78758 Fax: PURPOSE OF THIS CHANGE ORDER: ITEM Unit of Total Percentage NO QTY Measure Price Increase Difference A-1 Disconnectable Secondary Transformer Connector, 350 MCM, Insulated 500 EA 15.40$ 7,700.00$ 25.03$ $12,515.00 4,815.00$ 62.53% A-2 Disconnectable Secondary Transformer Connector, 500 MCM 300 EA 26.20$ 7,860.00$ 35.95$ $10,785.00 2,925.00$ 37.21% A-3 Flood-Seal, Muli-port Secondary Connector, 6 port 1,000 EA 32.90$ 32,900.00$ 41.86$ $41,860.00 8,960.00$ 27.23% A-5 Inline Splice, 200 Amp 25 EA 32.75$ 818.75$ 44.79$ $1,119.75 301.00$ 36.76% A-6 Splice Re-jacketing Kit 100 EA 53.50$ 5,350.00$ 67.21$ $6,721.00 1,371.00$ 25.63% A-7 Inline Splice, 600 Amp 150 EA 448.62$ 67,293.00$ 531.11$ $79,666.50 12,373.50$ 18.39% A-9 1000MCM Termination Kit 100 EA 325.75$ 32,575.00$ 325.75$ $32,575.00 -$ 0.00% A-10 1/0 to #2 Termination Kit 150 EA 129.55$ 19,432.50$ 162.11$ $24,316.50 4,884.00$ 25.13% A-13 Loadbreak Bushing Insert, 200 Amp 1,500 EA 21.40$ 32,100.00$ 26.84$ $40,260.00 8,160.00$ 25.42% A-14 Underground Fault Circuit Indicator 300 EA 146.20$ 43,860.00$ 182.75$ $54,825.00 10,965.00$ 25.00% B-4 Polymer Vise Top Insulator 1,000 EA 23.80$ 23,800.00$ 29.63$ $29,630.00 5,830.00$ 24.50% B-7 Conduit Standoff Bracket 500 EA 38.50$ 19,250.00$ 49.61$ $24,805.00 5,555.00$ 28.86% B-11 1/0 H-Tap Copper Connector 2,000 EA 1.83$ 3,660.00$ 2.51$ $5,020.00 1,360.00$ 37.16% B-13 Transformer Grounding Lug 1,000 EA 4.25$ 4,250.00$ 5.20$ $5,200.00 950.00$ 22.35% B-16 5/8" Ground Rod Clamp 500 EA 9.20$ 4,600.00$ 10.91$ $5,455.00 855.00$ 18.59% B-17 Parallel Groove Clamp 500 EA 4.35$ 2,175.00$ 5.20$ $2,600.00 425.00$ 19.54% C-1 Pull Box, 36"x60"x48"30 EA 1,835.00$ 55,050.00$ 2,419.82$ $72,594.60 17,544.60$ 31.87% C-2 Pull Box, 48"x96"x48"30 EA 4,191.00$ 125,730.00$ 6,471.66$ $194,149.80 68,419.80$ 54.42% C-3 Pull Box Extension 24" for a 48"x96"x48"30 EA 1,795.00$ 53,850.00$ 2,769.93$ $83,097.90 29,247.90$ 54.31% C-4 Secondary Pedestal 300 EA 135.60$ 40,680.00$ 169.50$ $50,850.00 10,170.00$ 25.00% D-1 Heavy Duty Deadend, 8'100 EA 229.00$ 22,900.00$ 296.58$ $29,658.00 6,758.00$ 29.51% D-2 Standard Duty Crossarm, 8'200 EA 122.50$ 24,500.00$ 152.36$ $30,472.00 5,972.00$ 24.38% D-3 Standard Duty Crossarm, 10'200 EA 142.70$ 28,540.00$ 177.95$ $35,590.00 7,050.00$ 24.70% D-4 Heavy Duty Deadend, 10'100 EA 257.25$ 25,725.00$ 334.96$ $33,496.00 7,771.00$ 30.21% DESCRIPTION Increase Unit Pricing, as Electric Commodity Prices have increased dramatically since the award of this Annual Price Agreement on October 28, 2021. Unit Price Total per Item Revised Unit price Revised Total per Item Page 196 of 299 CHANGE ORDER NO. 1 DATE: May 26, 2022 Contract No. 22300068 PO No. PROJECT: OWNER:CONTRACTOR: City of College Station Techline, Inc. P.O. Box 9960 9609 Beck Circle Ph: College Station, Texas 77842 Austin, TX 78758 Fax: PURPOSE OF THIS CHANGE ORDER: ITEM Unit of Total Percentage NO QTY Measure Price Increase DifferenceDESCRIPTION Increase Unit Pricing, as Electric Commodity Prices have increased dramatically since the award of this Annual Price Agreement on October 28, 2021. Unit Price Total per Item Revised Unit price Revised Total per Item E-1 LED Cobrahead Light Fixture, Autobahn LED Roadway, LED 50 EA 178.25$ 8,912.50$ 201.36$ $10,068.00 1,155.50$ 12.96% E-2 LED Cobrahead Light Fixture, Autobahn LED Roadway, LED 50 EA 330.75$ 16,537.50$ 373.75$ $18,687.50 2,150.00$ 13.00% E-3 LED Cobrahead Light Fixture, Autobahn LED Roadway, LED 50 EA 513.00$ 25,650.00$ 579.69$ $28,984.50 3,334.50$ 13.00% E-4 LED Decorative Light Fixture 30 EA 1,165.00$ 34,950.00$ 1,806.67$ $54,200.10 19,250.10$ 55.08% F-1 ADMO Class Motor Operator - Reciprocating Motion 30 EA 6,444.00$ 193,320.00$ 7,063.16$ $211,894.80 18,574.80$ 9.61% F-2 ADMO Class Motor Operator - Torsional Motion 30 EA 6,864.00$ 205,920.00$ 7,173.68$ $215,210.40 9,290.40$ 4.51% F-3 LINEPROBE CURRENT AND VOLTAGE SENSORS 15KV 30 EA 4,460.00$ 133,800.00$ 4,610.53$ $138,315.90 4,515.90$ 3.38% Grand Total 1,303,689.25$ 1,584,623.25$ 280,934.00$ 21.55% 21.55% All Warehouse Inventory Items are charged against 5211-1432, 280,934.00$ Upon issuance to department TOTAL CHANGE ORDER 280,934.00$ ORIGINAL CONTRACT AMOUNT 1,303,689.25$ CHANGE ORDER NO. 1 280,934.00$ 21.55% % CHANGE CHANGE ORDER NO. 2 $0.00 0.00% % CHANGE REVISED CONTRACT AMOUNT $1,584,623.25 21.55% % TOTAL CHANGE APPROVED: ___________________________________________________________________________________ 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 Revised 2012 0719 INCREASE/DECREASE.THE NET AFFECT OF THIS CHANGE ORDER IS Page 197 of 299 May 26, 2022 Item No. 8.14. Krenek Tap Professional Services Contract Sponsor:Emily Fisher, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a design contract with Binkley and Barfield, Inc in the amount of $641,661 for design and construction phase service for the rehabilitation of Krenek Tap Road 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 will reconstruct Krenek Tap Road from the Texas Avenue intersection to the intersection with the southbound frontage road of State Highway 6. The project will include demolition and reconstruction of the concrete pavement, sidewalks, reconstruction of drainage facilities and sewer lines. The project will also include consideration of adding a right turn lane at Texas Avenue with signal modifications. Budget & Financial Summary: Currently appropriated budget in the amount of $900,000 is included for this project in the Streets and Wastewater Capital Improvement Projects Fund. A total of $2,611 has been expended or committed to date, leaving a combined balance of $897,389 in the total project budget for this design contract. The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this project because all of 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 at a later date. Attachments: 1.Krenek Tap Location Map 2.ST2101 WW2203 DRR 3.Krenek Tap Scope and Fee 4.13.22 Page 198 of 299 . Page 199 of 299 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 $5,884,000, 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 26th DAY OF May, 2022. _______________________________ Karl Mooney, Mayor ATTEST: _________________________________ Tanya Smith, City Secretary (Seal) Page 200 of 299 APPROVED: _________________________________ McCall, Parkhurst & Horton L.L.P. Bond Counsel Page 201 of 299 Exhibit "A" The projects to be financed that are the subject of this Statement are: Krenek Tap Street Rehab ($5,254,000) and Krenek Tap Wastewater Rehab ($630,000) This project will reconstruct Krenek Tap Road from the Texas Avenue intersection to the intersection with the southbound frontage road of State Highway 6. The project will include demolition and reconstruction of the concrete pavement, sidewalks, reconstruction of drainage facilities and sewer lines. The project will also include consideration of adding a right turn lane at Texas Avenue with signal modifications. The projected total cost of both the Streets and Wastewater Rehab projects is $5,884,000. Page 202 of 299 Binkley & Barfield, Inc. | Registration No. F-257 • 1701 Southwest Parkway, Suite 111 - College Station, Texas 77845 • Tel: 979.703.1809 • www.BinkleyBarfield.com February 14, 2022, Revised April 13, 2022 Mr. Casey Rhodes, EIT Project Manager - City of College Station 300 Krenek Tap Road College Station, TX 77840 RE: Proposal for Professional Services – Krenek Tap Road Rehabilitation Project Dear Casey: Binkley & Barfield, Inc. (BBI) is pleased to submit this proposal to The City of College Station (City) for engineering and surveying services in connection with the Krenek Tap Road Rehabilitation Project. We are excited that you have selected us for this assignment. It is our understanding that the project scope includes rehabilitating Krenek Tap Road from Texas Avenue to the southbound Earl Rudder Freeway (SH 6) frontage road (approx. 5,255 LF) and generally includes topographic surveying, ROW/easement surveying services, geotechnical engineering, tree services, project management, engineering design, traffic engineering, public engagement, ADA registration/plan review/site inspection, construction materials testing, and bidding and construction phase services. A. Services to be provided by BBI: BBI will provide project management, engineering design, traffic engineering, public engagement, and bidding and construction phase services. Project Management BBI will provide project management services including arranging and attending meetings, production management, sub consultant management, monthly project invoicing, and QA/QC efforts for the project. Engineering Design BBI will prepare engineering design plans for the Krenek Tap Road rehabilitation project (from Texas Avenue to the southbound Earl Rudder Freeway (SH 6) frontage road). The plans will be prepared in accordance with the City of College Station B/CS Unified Standard Specifications. BBI will attend the project kickoff meeting and prepare meeting minutes. The design plans will include the following tasks and deliverables: 1. General plan sheets including the Title Sheet, Project Layout/Alignment Data Sheets, General Construction Notes, and Quantity Summary Sheets. (8 sheets total) Page 203 of 299 Mr. Casey Rhodes February 14, 2022, Revised April 13, 2022 Page 2 2. Two-phase (one-way) Traffic Control Plan including Phase Overviews, Phase Detour Layouts, and Phase TCP Layouts. (16 sheets total) 3. Removal layouts including identification of existing features to be removed (including pavement, sidewalks, structures, trees, etc.). (6 sheets total) 4. Roadway Design including Existing and Proposed Typical Section Sheets, Roadway Plan and Profile sheets, & Intersection Layouts. (17 sheets total) 5. Roadway Contour Layouts (6 sheets total) 6. Storm sewer plan and profile sheets, lateral profiles, drainage area maps, and hydrologic and hydraulic calculations. (21 sheets total) 7. Culvert layouts, drainage area maps, and hydrologic and hydraulic calculations. (4 sheets total) 8. Sanitary Sewer Rehabilitation design plans (1,745 LF of vitrified clay line replacement) including Plan and Profile Sheets and Laterals Layouts (5 sheets total) 9. Signing and Striping Layouts including proposed pavement and tie-ins at existing intersections. (6 sheets total) 10. Storm Water Pollution Prevention Sheets including design of pollution prevention measures (silt fence, construction entrance, rock filter dams, etc. as required). (6 sheets total) 11. Tree Data Sheets (To include tree inventory summary, trees identified for removal and structural/critical root zone determination). (7 sheets total) 12. Miscellaneous detail sheets as required (To include roadway, drainage, tree protection, etc.) (4 sheets total) 13. Design standards (to include TCP, Roadway, Drainage, Utilities, Lighting, Traffic, SW3P, and Tree Protection). (48 sheets total) 14. Opinion of probable construction costs (to be submitted with 30%, 60%, and 90% submittals). BBI will submit design plans for City review at 30%, 60% and 90% completion and will attend meetings with City staff to discuss any comments. Final deliverables will include all electronic Microstation DGN and Adobe PDF project files. Traffic Engineering Traffic engineering services will include a traffic study, signal design, and roundabout simulation recordings (if requested). Traffic Study a) Data Collection Page 204 of 299 Mr. Casey Rhodes February 14, 2022, Revised April 13, 2022 Page 3 i) Weekday 12-hr (7AM – 7PM) turning movement counts, including bike and pedestrian counts at two intersections along Krenek Tap Road (Dartmouth Street and Central Park Lane). ii) Saturday 12-hr (7AM-7PM) turning movement counts at the intersection of Krenek Tap Road at Central Park Lane. iii) 24-hr traffic counts with speed and vehicle classifications at two locations along Krenek Tap Road. b) Meetings i. BBI will attend two meetings with City staff to discuss and review the traffic study and will attend up to two public meetings to discuss and present traffic-related concerns and solutions. c) Coordination i. BBI will coordinate with the City’s Traffic Engineering staff throughout the duration of the study. d) Traffic Forecasts i. BBI will forecast existing traffic to Opening Year (2025) and 20-year (2045) design conditions. e) Analyses i. BBI will review and analyze five years of crash data along the corridor. ii. Traffic Operations Analyses (1) BBI will evaluate the operations at the two intersections using Existing (2022), Full Build (2025), and Full Build + 20 Years (2045) traffic volumes. (2) BBI will evaluate and compare the operational performance of the unsignalized intersections using roundabouts and using their existing stop control configuration. (a) This analysis will be performed with Highway Capacity Manual methods. ii) Report (1) BBI will provide a summary of the collected data, the traffic forecasts, and analyses supporting the recommended designs. Signal Design a) BBI will design a modification for the traffic signal at Texas Avenue. It is assumed that modifications will include the replacement of one pole and mast arm on the northeast corner to allow for an exclusive right-turn lane from Krenek Tap Road. b) Design features will include (reuse materials if directed by City): i) Mast arm signal design ii) LED signal heads with back plates (add a third signal head for northbound and southbound approaches) iii) Count-down pedestrian signals and push buttons Page 205 of 299 Mr. Casey Rhodes February 14, 2022, Revised April 13, 2022 Page 4 iv) Detection v) Internally illuminated street name sign (ILSN) c) BBI will submit design plans for City/TxDOT review at 60% and 90% completion. Roundabout Simulation Recordings a) BBI will develop a microsimulation of the corridor to demonstrate the effectiveness of roundabouts (if recommended for the intersections). b) Video recordings of the simulations will be provided to the city for use in public engagement. Public Engagement BBI will present at public meetings and other engagements where the public is made aware of the proposed project and will prepare meeting materials including sign in sheets, handouts, exhibits, etc. BBI staff will also meet with concerned citizens and business owners for one-on- one meetings as necessary to address individual concerns. The project scope includes preparation for, and attendance at, up to two (2) public meetings and twenty-four (24) hours of one-on-one meetings. Bidding and Construction Phase Services BBI will assist the City during the bidding process by attending the pre-bid meeting and assisting in the opening and tabulation of bids for construction of the project. BBI will provide engineering support services during construction to include attending the preconstruction conference, reviewing of shop drawings and resolution of contractor’s request for information (RFI’s), if required. A total of 30 site visits/progress meetings (bi-weekly construction meetings for 12 months, 4 field visits) are included in this scope and will be provided as requested by the City for review of the contractor’s general conformance with the construction documents. If a site visit is requested and completed, BBI’s representative will prepare notes of the visit for distribution to all required parties. (Note: This is not to be considered onsite Construction Observation.) BBI will also prepare record drawings (based on the contractor’s redlines) and provide the utility plans in 24x36 mylar, and the entire plan set in both Microstation DGN, and Adobe PDF formats. B. Services to be provided by Baseline Corporation (BL): BL will provide topographic surveying and ROW/easement surveying services per Attachment A: Baseline Corporation Proposal for Surveying Services dated April 13, 2022. C. Services to be provided by Terracon Consultants, Inc (TCI): TCI will provide geotechnical engineering and construction materials testing services per Attachment B: Terracon Consultants, Inc. Proposal for Geotechnical Engineering Services dated Page 206 of 299 Mr. Casey Rhodes February 14, 2022, Revised April 13, 2022 Page 5 February 11, 2022, and Attachment C: Terracon Consultants, Inc. Proposal for Construction Materials Testing Services dated February 10, 2022. D. Services to be provided by Plant People, LLC (PPL): PPL will provide tree services per Attachment D: Plant People, LLC, Proposal for Tree Services dated February 10, 2022. E. Services to be provided by Eddie Hare Accessibility Specialist (EHAS): EHAS will provide ADA registration, plan review, and site inspection services per Attachment E: Eddie Hare Accessibility Specialist Standard Services and Fees. F. To Be Provided by the City: • The City will facilitate the provision of existing data (including copies of plats, utility plans, property boundary data, as-built plans, traffic studies, etc) and any other available project related documentation, which would assist in the completion of the project. • The City will review the 30%, 60%, and 90% plan submittals and will provide comments to BBI as part of the City’s internal review process. BBI will respond to the City comments as part of the review process. • The City will be primarily responsible for coordinating with private utility providers with support from BBI staff. • The City will advertise and bid the project per the City’s current procurement process. • The City will provide construction inspection services. • The City will issue public meeting press releases and notices. G. Schedule: Upon receiving the Notice to Proceed (NTP) from the City of College Station, BBI will provide 30% conceptual design plans for review within 105 calendar days (45 calendar days for data collection and 60 calendar days for conceptual design), 60% design plans within 60 calendar days, 90% design plans within 45 calendar days, and 100% plans within 45 calendar days. The project will have an overall schedule of 345 calendar days, including City review and internal QA/QC. H. Assumptions: • The project scope includes the design of a dedicated right turn lane, along Krenek Tap Road, at the Texas Avenue intersection. Page 207 of 299 Mr. Casey Rhodes February 14, 2022, Revised April 13, 2022 Page 6 • A Storm Water Quality Management Plan is not included in the work scope. • A Preliminary Engineering Report (PER) is not required. • A formal drainage report / study and off-stie detention analysis and design is not required. • Prior to the 30% submittal, two conceptual Minor Collector roadway typical sections, as outlined in BBI’s RFQ response, and conceptual designs, in KMZ format, will be provided for consideration by the City. • Private utility design services are not included in the scope of services and will be the responsibility of the respective private utility companies. • Project limits include Krenek Tap from Texas Avenue to the southbound SH 6 Frontage Road. It is anticipated that project limits end at the edge of the cross-street pavement and do not extend into the intersections. I. Reimbursable Expenses: Reimbursable expenses including mileage, reproduction, and delivery services are included within the lump sum fee. J. Compensation: We propose to provide the specific services described above as follows: Design Project Management & Engineering Design Services (Lump Sum) $ 361,627.50 Traffic Engineering Services (Traffic Study and Signal Design) (Lump Sum) $ 26,630.00 Optional Traffic Engineering Services (Roundabout Sim) (Lump Sum) $ 15,875.00 Public Engagement Services (Lump Sum) $ 13,409.50 Topographic Surveying Services (Lump Sum) $ 60,000.00 ROW / Easement Surveying Services (Unit Rate) $ 6,000.00 Geotechnical Engineering Services (Estimated NTE) $ 17,600.00 Tree Inventory and Design Services (Lump Sum) $ 25,390.00 ADA Registration, Plan Review, Site Inspection (Estimated NTE) $ 2,000.00 Design Subtotal $ 528,532.00 Bidding and Construction Bidding and Construction Phase Services (Lump Sum) $ 29,364.00 Record Drawings and Utility Mylars (Lum Sum) $ 5,365.00 Construction Materials Testing Services (Unit Rate) $ 71,200.00 Tree Construction Phase Services (Hourly) $ 7,200.00 Bidding and Construction Subtotal $ 113,129.00 Total Project Fee $ 641,661.00 Page 208 of 299 Mr. Casey Rhodes February 14, 2022, Revised April 13, 2022 Page 7 All TCI work to be completed on a unit rate basis will be in accordance with Attachment B and Attachment C. Please note that our fees are based on the project being implemented based on the assumptions of this proposal with regards to its scope, without major changes or unforeseen conditions. In the event the scope of work requires additional hours to be spent above the budgeted amount, we will discuss this with the Client prior to exceeding the budget amount stated above. K. Additional Services: We have made our best effort to prepare a thorough and complete proposal to successfully complete this project. However, there may be additional services we are not currently aware of that may be required or that the Client may desire we provide. Should such a situation occur, a separate proposal would be submitted to the Client for approval prior to our beginning the additional services. Please call should you have any questions. Thank you again for selecting Binkley & Barfield, Inc. for this assignment and we look forward to working with the City of College Station. Sincerely, Binkley & Barfield, Inc. Consulting Engineers Brandon M. Boatcallie, P.E. Project Manager Page 209 of 299 May 26, 2022 Item No. 8.15. Rehabilitation of Waterwells 1 & 2 Change Order No. 1 Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding Change Order 1 to a construction services contract with Weisinger, INC. in the amount of $190,000. Relationship to Strategic Goals: Core services and infrastructure Recommendation(s): Staff recommends approval. Summary: This change order is to remove two bid items for well motors that will not be acquired through this construction contract. The proceeding council agenda item requests approval to purchase two well motors via a purchasing cooperative for the amount of $141,213.30 providing the city cost savings in the amount of $48,786.70. A time extension of 68 days is being requested to complete the well improvements and rehabilitation efforts deemed necessary based on the well testing and inspection reports. The revised substantial completion date is June 24, 2022. Budget & Financial Summary: Budget of $1,325,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $1,321,650.13 has been expended or committed to date, this change order would deduct $190,000.00 and leave a balance of $193,349.87 for future expenses. Attachments: 1.Rehabilitation of Waterwells 1 & 2 Change Order No. 1 Page 210 of 299 CHANGE ORDER NO. DATE: 4/14/2022 Contract No. 22300171 PO No. 22201500-00 PROJECT: Rehabilitation of Waterwells 1 & 2 OWNER:CONTRACTOR: City of College Station Weisinger Incorporated P.O. Box 9960 P.O. Box 2848 Ph: College Station, Texas 77842 Conroe, Tx 77305 Fax: PURPOSE OF THIS CHANGE ORDER: ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1LSFurnish and install new 400 Hp Motor $90,000.00 1 0 ($90,000.00) 2 LS Furnish and install new 500 Hp Motor $100,000.00 1 0 ($100,000.00) TOTAL ($190,000.00) LINE 1 (WPWOC - 6580) ($90,000.00) LINE 2 (WPWOC - 6580) ($100,000.00) TOTAL CHANGE ORDER (190,000.00) ORIGINAL CONTRACT AMOUNT $673,947.00 CHANGE ORDER NO. 1 ($190,000.00)-28.19% % CHANGE REVISED CONTRACT AMOUNT $483,947.00 -28.19% % TOTAL CHANGE ORIGINAL CONTRACT TIME 90 Days Time Extension No. 1 68 Days Revised Contract Time 158 Days SUBSTANTIAL COMPLETION DATE 18-Apr-22 REVISED SUBSTANTIAL COMPLETION DATE 24-Jun-22 APPROVED ______________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ DEPARTMENT DIRECTOR Date CITY MANAGER Date THE NET AFFECT OF THIS CHANGE ORDER IS 28.19% DECREASE. A. This change order is to remove two bid items for well motors that will not be acquired through this construction contract. The city will obtain two well motors via a purchasing cooperative providing the city significant cost savings. B. Due to extended lead times on the well motors, a rewound motor and a spare motor will be installed and put in service until the new motors have been delivered. A time extension of 68 days is being requested to complete the well improvements and rehabilitation efforts deemed necessary based on the well testing and inspection reports. The revised substantial completion date is 24-Jun-22. 4/20/2022 4/21/2022 5/2/2022 5/2/2022 Page 211 of 299 May 26, 2022 Item No. 8.16. Purchase of Wells Motors Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action for the purchase of two well motors for the rehabilitation of Waterwells 1 & 2 project through the Aggiebuy cooperative with Evans Enterprises, Inc. in the amount of $141,213.30. Relationship to Strategic Goals: Core services and infrastructure Recommendation(s): Staff recommends approval. Summary: Evans Enterprises, Inc is a Aggiebuy contractor for the purchase and supplies of well motors using (Contract: C2019803). Aggiebuy is a cooperative that is available to the City. All products and services available for purchase through Aggiebuy contracts have been competitively bid and awarded and satisfy any Texas law requirements relating to competitive bids or proposals. Upon Council approval of Rehabilitation of Waterwells 1 & 2 Change Order No. 1. The funds availability will allow for the purchase of the two well motors from Evans Enterprises, Inc. Budget & Financial Summary: Budget of $1,325,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $1,131,650.13 has been expended or committed to date, leaving a balance of $193,349.87 for this contract and related expenses. Attachments: 1.Well Motors Quote (Final) Page 212 of 299 This Quotation is Valid for 30 Days QUOTE VALID UNTIL 06/27/2022Comments or Special Instructions: 1PAGE QUANTITY DESCRIPTION UNIT PRICE AMOUNT DF0505C-173778 5/5/2022 QUOTE NO QUOTE DATE CUSTOMER ID 107040 CUSTOMER PO# WAC80LOCATION ID Quotation Prepared By: DAVID FAULKNER EVANS ENTERPRISES, INC. 201 S. INDUSTRIAL DR. WACO, TX 76710 254-772-4710 - PHONE 254-776-7949 - FAX Quote Ship To: JARED LAPAGLIA CARTER CREEK WW TREATMENT PO BOX 9960 2200 N FOREST PARKWAY COLLEGE STATION, TX 77842 Quote Bill To: CITY OF COLLEGE STATION PO BOX 9973 COLLEGE STATION, TX 77842 Quotation AVAILABILITY FOB TERMS 18-20 WEEKS PLUS TRANSIT MENA, AR - PPD & ADD Net 30 Days Evans Enterprises, Inc. 201 S. Industrial Dr. Waco, TX 76710 254-772-4710 - Phone 254-776-7949 - Fax TRANSACTION NO 00173778 TRANSACTION DATE 5/5/2022 Visit us on the web at www.goevans.com EVANS ID 2 NS-WAC 20180552 SO REV C $70,606.65 $141,213.30 NIDEC/US 500HP 1800RPM 3/60/460V 5008P FRAME WPI ENCLOSURE TITAN VERTICAL HOLLOSHAFT INVERTER DUTY MOTOR • Random Wound • 1.15 Service Factor on Sine Wave Power • B: 1.00 Service Factor on VFD • VPI-2000 Insulation System • 3300 Ft.(1000 M) Altitude • +50 C Ambient • Premium Efficiency • Vertical Centrifugal Pump Application • 24.5 Base Diameter (Inches) • Coupling Size: 2-7/16" Bore, 5/8" Key • Non-Reverse Ratchet • 9500 Pricebook Thrust Value (lbs) • 13000 lbs Customer Down Thrust • B: Inverter Duty NEMA MG1 Part 31 Variable Torque – 10:1 Speed Range • Class "F" Rise @ 1.15 SF (by Resistance) • NEMA Design "B" • KVA Code Letter G • A: Direct-On-Line Start / B: VFD Duty • Continuous Duty • Standard Load Inertia: 1880 LB-FT2 • Starts Per Hour: 2 Cold/1 Hot (NEMA Standard) • CCW Rotation Facing Opposite Drive End • 300 % Extra High Thrust • B: Aegis Ground Ring (SGR) • Insulated Bearing - Upper Bracket • 115 Volt Space Heaters • Synthetic Lube w/ OIL Lower Bearing • Bearing RTD-100 Ohm - Both Bearings • Winding RTD's-100 Ohm • Size 5 Conduit Box-Fab. Steel Conduit Opening Size (AA): 4.0 3 Conduit Opening Bottom Of Conduit Box Tin-Plated Bus Bar Lightning Arrestors Surge Capacitors Standoff Insulators Page 213 of 299 This Quotation is Valid for 30 Days QUOTE VALID UNTIL 06/27/2022Comments or Special Instructions: 2PAGE QUANTITY DESCRIPTION UNIT PRICE AMOUNT DF0505C-173778 5/5/2022 QUOTE NO QUOTE DATE CUSTOMER ID 107040 CUSTOMER PO# WAC80LOCATION ID Quotation Prepared By: DAVID FAULKNER EVANS ENTERPRISES, INC. 201 S. INDUSTRIAL DR. WACO, TX 76710 254-772-4710 - PHONE 254-776-7949 - FAX Quote Ship To: JARED LAPAGLIA CARTER CREEK WW TREATMENT PO BOX 9960 2200 N FOREST PARKWAY COLLEGE STATION, TX 77842 Quote Bill To: CITY OF COLLEGE STATION PO BOX 9973 COLLEGE STATION, TX 77842 Quotation AVAILABILITY FOB TERMS 18-20 WEEKS PLUS TRANSIT MENA, AR - PPD & ADD Net 30 Days Evans Enterprises, Inc. 201 S. Industrial Dr. Waco, TX 76710 254-772-4710 - Phone 254-776-7949 - Fax TRANSACTION NO 00173778 TRANSACTION DATE 5/5/2022 Visit us on the web at www.goevans.com EVANS ID Metal Plug(s) in Main C/B • Q-2 Accessory Outlet Box Accessory C/B 1 Info: Space Heater Cast Iron Box Same Side As Main O/B 1" NPT Conduit Opening With Terminal Board Accessory C/B 2 Info: Winding, Bearing RTD Cast Iron Box Same Side As Main O/B 1.25" NPT Conduit Opening With Terminal Board Pre-wired Accessories ELIGIBLE FOR AGGIEBUY CONTRACT C2019803 Quote Comments: 1. Quoting a replacement of old Order No. 20180552 SO with current standard design and features. 2. Quoted motor will have a new electrical design. 3. The motor contains an extra-high thrust bearing arrangement that utilizes pre-loaded springs to prevent bearing skidding. In order to properly seat the thrust bearing and unload the guide bearing, the motor must be subjected to an external down-thrust during all operation (the value will be determined by engineering after receipt of order), with the exception of momentary excursions of reduced down-thrust or up-thrust at start-up and/or shut-down. 4. Prior to production release, orders aged over 90 days may be repriced to accommodate actual increase in material and manufacturing costs. 5. Storage Fees: As per Nidec’s Standard Terms and Conditions, Ordered Goods produced by Nidec in compliance with Purchase Order requirements which cannot be shipped solely due to customer missing information, such as but not limited to carrier arrangements, will be charged 10% of the P.O. value 5 business days after Nidec customer notification. 6. Submittals will be delivered to customer 2-3 weeks after time of order entry/acceptance. Reprinting and/or reproduction of submittals Page 214 of 299 This Quotation is Valid for 30 Days QUOTE VALID UNTIL 06/27/2022Comments or Special Instructions: 3PAGE QUANTITY DESCRIPTION UNIT PRICE AMOUNT DF0505C-173778 5/5/2022 QUOTE NO QUOTE DATE CUSTOMER ID 107040 CUSTOMER PO# WAC80LOCATION ID Quotation Prepared By: DAVID FAULKNER EVANS ENTERPRISES, INC. 201 S. INDUSTRIAL DR. WACO, TX 76710 254-772-4710 - PHONE 254-776-7949 - FAX Quote Ship To: JARED LAPAGLIA CARTER CREEK WW TREATMENT PO BOX 9960 2200 N FOREST PARKWAY COLLEGE STATION, TX 77842 Quote Bill To: CITY OF COLLEGE STATION PO BOX 9973 COLLEGE STATION, TX 77842 Quotation AVAILABILITY FOB TERMS 18-20 WEEKS PLUS TRANSIT MENA, AR - PPD & ADD Net 30 Days Evans Enterprises, Inc. 201 S. Industrial Dr. Waco, TX 76710 254-772-4710 - Phone 254-776-7949 - Fax TRANSACTION NO 00173778 TRANSACTION DATE 5/5/2022 Visit us on the web at www.goevans.com EVANS ID shall be done by others. Nidec will only be providing 1 copy of the submittal package. 7. Production lead times listed below are only estimated at time of quote. Actual manufacturing lead time may vary depending on production schedules. Once motors are released for production, lead times will be provided for all motors within the order. If orders are released for production at time of order entry, scheduled dates will be provided at that time. 8. Surge Capacitors (SC) and Lightning Arrestors (LA) cannot be used in conjunction with a Variable Frequency Drive (VFD). This will damage the motor and drive. SC and LA need to be disconnected from circuit before use of a VFD. 9. REVISON C: ADDING VFD DUTY OPTION AS ITEM B THIS MOTOR IS BEING OFFERED AS A POSSIBLE REPLACEMENT FOR AN EXISTING OBSOLETE MOTOR. IT IS THECUSTOMERS RESPONSIBILITY TO ENSURE SUITABILITY FOR THE APPLICATION. SUBMITTAL APPROVAL REQUIRED In the event of significant cost escalation resulting from changes to commodity market prices for copper and other metals between dates of Evans price quotation & Evans acceptance of customer purchase order or execution of Contract Agreement may be subject to equally adjustable change order in accordance with the procedures of contract documents. Commodity markets are volatile & Price is subject to adjustment at time of order entry due to cost increases that may have occurred after Quotation Date. We will notify you in our acknowledgement if any adjustment is necessary. SALES TAX SHIPPING TAXABLE SUBTOTAL TOTAL $0.00 $0.00 $0.00 $141,213.30 TOTAL DUE $141,213.30 In an effort to control cost associated with processing our invoices, effective immediately we will be assessing a 2.5% convenience fee if you choose to satisfy this invoice by Page 215 of 299 We appreciate your business. we will be assessing a 2.5% convenience fee if you choose to satisfy this invoice by paying with a credit card. This is reflected on your invoice and will be assessed if that payment method is chosen. Based upon our Standard Terms and Conditions available at www.GoEvans.com/terms Page 216 of 299 May 26, 2022 Item No. 8.17. Rejection of received proposals and cancelation of Bid#22-056 for the Purchase of Fiber Optic Cable Sponsor:Sam Rivera Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on rejecting all bid responses and canceling the bid to purchase fiber optic cable. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval of the rejection of five proposals received, and the recommendation of no award for Bid#22-056. Summary: Bid#22-056 was formally bid and opened on April 28,2022. Five responses were received. Due to vendor(s) non-compliance with City of College Station Terms and Conditions, and extreme lead times for these products, Information Technology is recommending that the bid be rejected. Budget & Financial Summary: The rejection of Bid#22-056 will have no impact on the Information Technology or Capital Improvements budget. Attachments: None Page 217 of 299 May 26, 2022 Item No. 9.1. Substantial Amendment to the 2021 Annual Action Plan and HOME-ARP Allocation Plan Sponsor:Debbie Eller, Director of Community Services Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding a substantial amendment to the 2021 Annual Action Plan to include the City of College Station HOME Investment Partnerships Program - American Rescue Plan Allocation Plan funds in the amount of $1,740,263 to provide homelessness assistance and supportive services. Relationship to Strategic Goals: Financial Sustainability, Core Services & Infrastructure, Neighborhood Integrity, Diverse & Growing Economy Recommendation(s): Staff recommends Council receive a presentation and open a public hearing so that Council and residents can provide feedback and comments regarding a substantial amendment to the 2021 Annual Action Plan to include the City of College Station HOME-ARP Allocation Plan for homelessness assistance and supportive services. Summary: This item will provide a presentation regarding the proposal by the City of College Station (City) to complete a substantial amendment to the 2021-2022 Annual Action Plan. The substantial amendment will enable the City to receive and administer $1,740,263 in HOME Investment Partnerships Program - American Rescue Plan funds (HOME-ARP) from the U. S. Department of Housing and Urban Development (HUD). HOME-ARP requires the adoption of the City of College Station HOME-ARP Allocation Plan (Plan) to provide homelessness assistance and supportive services. Funds must be used to primarily benefit individuals and families in the following specified qualifying populations: 1. Homeless 2. At risk of becoming homeless 3. Fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking 4. Veterans and families that include a veteran that meet one of the preceding criteria. Staff will present a summary of the requirements of HOME-ARP and the proposed Plan, which includes 1) an outline of the completed consultation and public participation process, 2) a needs assessment of qualifying populations and gaps in local housing and social service systems, and 3) planned uses of HOME-ARP funds. At a future meeting, Council will consider approval of a resolution adopting the substantial amendment and HOME- ARP Allocation plan at a future meeting. Following approval by City Council and HUD, a Request for Proposal process will be utilized to determine a subgrantee(s) to carry out a program to provide the services identified in the Plan. The proposed City of College Station HOME-ARP Allocation Plan can be viewed online by visiting https://www.cstx.gov/departments___city_hall/commserv/development/publications. Budget & Financial Summary: Substantial Amendment to the 2021 Annual Action Plan (FY22) will add $1,740,260 in HOME funds. Attachments: Page 218 of 299 None Page 219 of 299 May 26, 2022 Item No. 9.2. 1898 Arnold Road Rezoning Sponsor:Robin Macias 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 PDD Planned Development District to PDD Planned Development District with a base zoning of MF Multi-Family for approximately 8.91 acres located at 1898 Arnold Road. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their May 5, 2022 Regular Meeting and voted unanimously to recommend approval. Staff recommends approval. Summary: This request is to modify the existing PDD Planned Development District Zoning and concept plan on approximately 8.91 acres. The property was originally zoned PDD Planned Development District with the neighboring property to the east in 2012. The commercial portion of the original PDD has since developed, so this PDD modification request covers the undeveloped residential portion of the property. The applicant is requesting to change the base zoning from R-6 High Density Multi-Family to MF Multi-Family and update the general layout of the Concept Plan with modifications to the maximum height, parking space requirement, and cross access as set forth in the Concept Plan. These modifications will not change the land uses currently allowed on the property, but are to provide benefits to the senior community. 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 as Medical. The Comprehensive Plan generally describes the Medical land use designation as follows: Medical – Areas appropriate for medically related uses and supporting office, commercial, and residential uses. The medical land use designation surrounding Rock Prairie and State Highway 6 is further detailed in the Medial District Master Plan, which envisions a wide array of medical and supporting services and activities concentrated in the district. The subject property is part of the College Station Medical District Master Plan that was approved in October 2012. The Medical District Master Plan includes areas appropriate for medically related uses, including the region’s two major hospitals, and supporting office, commercial, and residential uses. Uses allowed through the current PDD, and that are not proposed to be changed, include: senior- targeted independent living, assisted living, active adult communities, senior-targeted mixed income multi-family developments, nursing homes, convalescent homes, extended care facilities, skilled nursing facilities, and memory care facilities. Page 220 of 299 As the intent is to develop a facility targeted at senior living, the uses allowed by the existing PDD are consistent with the Comprehensive Plan and the Medical District Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The property has frontage to Arnold Road. Adjacent properties are zoned PDD Planned Development District to the east and R Rural and GS General Suburban to the south. There is a city park to the north of the subject property. Adjacent and nearby properties are developed as a city park, residential homes, and an assisted living facility. The PDD’s land uses are appropriate in the context of the area. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject property is suitable for multi-family development. The site has adequate space to meet the minimal dimensional standards for the base zoning district of MF Multi- Family as set forth in the PDD. 4. Whether there is available water, sanitary sewer, storm water, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure is adequate to support the needs of this development. Detention is required as part of the development and the outfall capacity is provided by the storm system under Arnold Road. The subject property has frontage to Arnold Road, a minor collector on the Throughfare Plan, and will have driveway access to it. A traffic impact analysis was not required for the proposed request as the anticipated traffic volume falls below the threshold of 150 trips in the peak hour that would require a TIA to be performed. 5. The marketability of the property: The proposed modifications to the existing PDD and Concept Plan will increase the marketability of the property by eliminating the need for stairs and providing closer parking for the senior community living in the dwellings. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building areas as well as other site related features. The proposed Concept Plan is generally changing the building and parking layout from the original PDD Concept Plan. 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 Page 221 of 299 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 Benefits: The proposed Planned Development District for this property outlines the purpose, intent, and community benefit of the proposed development, which is to provide senior-targeted facilities and continuum of care facilities that are located within walking distances to existing premier medical service providers and major retailers. The applicant has proposed a multi-family townhome-like project that is limited in height with parking near the homes targeted for senior living. Base Zoning and Meritorious Modifications: The proposed Planned Development District will have a base zoning of MF Multi-Family. This is not a change in the current land use from the previously approved PDD in 2012. The base zoning district shall be changed from R-6 High Density Multi-Family to MF Multi-Family due to the R-6 High Density Multi-Family zoning district being retired. At the time of site plan, the project will need to meet all applicable site development standards and platting requirements of the Unified Development Ordinance for the base zoning district, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following modifications to the notes on the existing Concept Plan: Section 12-7.3 Off-Street Parking Standards: • Multi-Family o 1 bedroom unit: reduced from 1.5 spaces per bedroom to 1.15 spaces per bedroom (no change from original PDD) o 2 + bedroom units: now proposed to meet the parking space requirements as set forth in Section 12-7.3 of the UDO Section 12-5.2 Residential Dimensional Standards: • Reduction in the maximum height to 40 feet. The previous Concept Plan stated that the maximum building height would be 50 feet for lot one and 60 feet for lot two. Section 12 – 7.4 Access Management and Circulation • Cross access shall not be required to adjacent development. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Vicinity, Aerial, and Small Area Map 3.Background Information 4.Applicant's Supporting Information 5.Rezoning Map 6.Existing Future Land Use Map 7.Original Zoning Ordinance 8.Proposed Concept Plan 9.Proposed Exhibit B Page 222 of 299 Page 223 of 299 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 AFFECTING APPROXIMATELY 8.91 ACRES LOCATED AT 1898 ARNOLD ROAD; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That 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” and Exhibit “C” 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 224 of 299 ORDINANCE NO. ____________ Page 2 of 7 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this ______ day of ______________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 225 of 299 ORDINANCE NO. ____________ Page 3 of 7 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: Lots 1 and 2 of College Station Medical + Senior Living is rezoned from PDD Planned Development District to PDD Planned Development District: Page 226 of 299 ORDINANCE NO. ____________ Page 4 of 7 Ordinance Form 08-27-19 Exhibit B Purpose & Intent The purpose of the PDD zoning district is to provide senior-targeted residential facilities and continuum of care that are located within walking distance to existing, premier medical service providers and major retailers. Permitted Uses The following uses will be permitted: •Senior-Targeted Independent Living, Assisted Living, and Active-Adult communities; •Senior-Targeted Mixed-Income Multifamily Developments; •Nursing Homes; •Convalescent Homes; •Extended Care Facilities; •Skilled Nursing Facilities; and •Memory Care Facilities. Definitions •Senior: Adults 55 years of age or older. •Senior-Targeted Community: A community that provides features, amenities, operational standards, services and use restrictions that adults 55 years of age or older find desirable. By choosing to provide senior-targeted amenities, and consciously not provide amenities desired by the general public of ages less than 55, seniors often self-select into these communities. Many senior-targeted communities are often age-restricted as well, to reinforce and bolster the sense of safety and community desired by senior residents. Senior-targeted communities feature amenities consciously planned into the development; among these particular amenities, open space within half a block and recreational facilities are the most common. These recreational facilities include walking trails and park spaces, along with a lifestyle center/clubhouse that emphasize clubs and activities and feature resort-style amenities. Amenities often include an indoor and/or outdoor heated swimming pool, whirlpool tub, steam and/or sauna rooms, separate facilities for aerobics and weight training, rooms for cards, games and billiards, and often feature a great room with a commercial kitchen as well as facilities for tennis, golf, shuffleboard, bocce, and more. Clubs and activities focus on scrapbooking and other crafts •Active-Adult Communities: Active adult housing refers to communities either age-targeted or age-restricted to people ages 55 or older. Active adult housing is often designed for complete single-floor living, with features like laundry facilities and the master bedroom and bathroom on the first floor. The properties have few, if any steps to get into the home, and often boast details like toggle/rocker light switches, lever handles, shower stalls with seats, wide doorways, and other features that make life easier for people who are experiencing the pains associated with aging (like arthritis). Active adult communities feature amenities consciously planned into the development; among these particular amenities, open space within half a block and recreational facilities are the most common. These recreational facilities include walking trails and park spaces, along with a Page 227 of 299 ORDINANCE NO. ____________ Page 5 of 7 Ordinance Form 08-27-19 lifestyle center/clubhouse that emphasize clubs and activities and feature resort-style amenities. Amenities often include an indoor and/or outdoor heated swimming pool, whirlpool tub, steam and/or sauna rooms, separate facilities for aerobics and weight training, rooms for cards, games and billiards, and often feature a great room with a commercial kitchen as well as facilities for tennis, golf, shuffleboard, bocce, and more. Clubs and activities focus on scrapbooking and other crafts. Building Height The residential portion of the site (see Concept Plan – Exhibit “C”) will consist of residential uses with a maximum height 40 feet and will not meet the requirements as set forth in Section 7.2.H "Low Density Residential Height Protection" to the adjacent park property. Base Zoning and Meritorious Modifications In accordance with the above Purpose & Intent statement, the Concept Plan (Exhibit “C”) proposes a residential area. The residential use area will adhere to the dimensional standards and requirements of the MF Multi-Family district. At the time of plat and site plan, the project will need to meet all applicable site development standards and platting requirements of the UDO for the MF Multi-Family zoning classification, except for the parking reduction and block length/block perimeter/access way meritorious modifications that are described in Concept Plan Note 5 as provided in Exhibit “C”. Parkland Dedication Credit for Construction of Multi-Use Path Construction of a portion of the multi-use path identified on the Bicycle, Pedestrian, and Greenways Master Plan that connects Arnold Road to Rio Grande Boulevard through Southwood Community Park. Specifically, construct the portion of the multi-use path shown on the Concept Plan adjacent to the development on the City’s park property from Arnold Road to Brian Bachmann Park Drive. Construction of the multi-use path can be counted as credit toward the Community Park Development fee-in-lieu funds that is required for the residential units constructed with this development. Page 228 of 299 ORDINANCE NO. ____________ Page 6 of 7 Ordinance Form 08-27-19 Exhibit C Page 229 of 299 ORDINANCE NO. ____________ Page 7 of 7 Ordinance Form 08-27-19 Page 230 of 299 Page 231 of 299 Page 232 of 299 Page 233 of 299 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: May 5, 2022 Advertised Council Hearing Date: May 26, 2022 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 15 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Parks & Greenways GS General Suburban City Park South Suburban Residential and Institutional/Public GS General Suburban and R Rural Single family homes and City of College Station utilities East Medical PDD Planned Development District with a base zoning of GC General Commercial Assisted living facility West Parks & Greenways GS General Suburban City Park DEVELOPMENT HISTORY Annexed: December 1993 Zoning: A-O Agricultural Open (1993) R-1 Single Family Residential (2002) PDD Planned Development District (2012) Final Plat:College Station Medical & Senior Living Lots 1 & 2 Site Development:Undeveloped Page 234 of 299 Name of Project:ARNOLD ROAD PDD Address:1898 ARNOLD DR Legal Description:COLLEGE STATION MEDICAL + SENIOR LIVING, LOT 2 Total Acreage:8.91 Applicant:: Property Owner:TEXAS HOTEL MANAGEMENT CORP Kimley-Horn (Bryan) List the changed or changing conditions in the area or in the City which make this zone change necessary. ‡The application is for an amendment of the concept plan and certain elements of the PDD. The primary zoning and uses will not be changed. Market conditions in the area make this amendment necessary. 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 proposed zoning 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 allows senior targeted residential used (i.e. senior targeted independent living, assisted living, and active-adult communities, nursing homes, memory care facilities, etc.). The market shows there is a need in our community for senior independent living facilities which will allow for residents 55+ who are not looking for an assisted living facility to live in a community of their peers. Explain the suitability of the property for uses permitted by the rezoning district requested. The amendment will not change the permitted used allowed in the PDD. The proposed zoning allows senior targeted residential used (i.e. senior targeted independent living, assisted living, and active-adult communities, nursing homes, memory care facilities, etc.). The market shows there is a need in our community for senior independent living facilities which will allow for residents 55+ who are not looking for an assisted living facility to live in a community of their peers. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 235 of 299 Explain the suitability of the property for uses permitted by the current zoning district. The amendment will not change the permitted used allowed in the PDD. The proposed zoning allows senior targeted residential used (i.e. senior targeted independent living, assisted living, and active-adult communities, nursing homes, memory care facilities, etc.). The market shows there is a need in our community for senior independent living facilities which will allow for residents 55+ who are not looking for an assisted living facility to live in a community of their peers. Explain the marketability of the property for uses permitted by the current zoning district. The current concept plan shows large multi-story multi-family buildings for the seniors. This is not ideal for senior residents due to the ease of climbing stairs and parking a distance away from the entrance. List any other reasons to support this zone change. The revised concept plan allows for single-story attached senior living homes that will allow each resident to park at their front door. Page 2 of 2 Page 236 of 299 Page 237 of 299 Page 238 of 299 ORDINANCE NO. Z012--33AZ AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A" and Exhibit "B", and as shown graphically in Exhibit "C" Exhibit "D" and Exhibit "E", attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12m day of January, 2012 APPROVED: MAYOR ATTEST: City Secr ry APPROVED: 4 City Attorney Page 239 of 299 ORDINANCE NO. 2&12 - 331-42 Page 2 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," 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-1 Single-Family Residential to PDD Planned Development District: Page 240 of 299 ORDINANCE NO. 2e) I2 - 33q 2,Page 3 7 Texas Hotel Management Corporation 17.07 Acre Tract Robert Stevenson Survey, A-54 College Station, Brazos County, Texas otes of a 17.07 acre tract or parcel of land, lying and being situated inrRbtevensonSurvey, Abstract No. 54, College Station, Brazos County, eing part of the called 17.215 acre tract described in the deed from to Texas Hotel Management Corporation recorded in Vo lume 3665, the Official Records of Brazos County, Texas, and said 17.07 acre ore particularly described as follows: BEGINNING at a %2" iron rod found marking a 3-way comer between the beforementioned 17.215 acre tract and the 18.83 acre tract described in the deed to the City of College Station, Texas, recorded in Volume 448, Page 234, of the Deed Records of Brazos County, Texas, and Lot 2R, Block 3 - 0.59 acre, according to the Amending plat of Belmont Place, Section Two, recorded in Volume 7543, Page 285, of the Official Records of Brazos County, Texas, same being the north corner of the said 17.215 acre tract; THENCE S 480 01' 03" E along the common line between the beforementioned 17.215 acre tract and Block 3, Belmont Place, Section Two, at a distance of 349.11 feet pass a Y:" iron rod and cap found marking the southeast terminus of Normand Drive - 60' wide right-of-way, continue on for a total distance of 530.42 feet to a %2" iron rod and cap found marking the common corner between the said 17.215 acre tract and the 35.00 acre tract described in the deed to the City of College Station, Texas, recorded in Volume 692, Page 506, of the Official Records of Brazos County, Texas, same being in the southwest line of Lot 1 R, Block 3 - 23.83 acres, Amending Plat of Belmont Place, Section Two; THENCE S 420 58' 19" W along the common line between the beforementioned 17.215 acre tract and the following two tracts: the beforementioned 35.00 acre tract, and a 30.02 acre - remainder tract, described in the deed to F. M. Arnold, recorded in Volume 200, Page 445, of the Deed Records of Brazos County, Texas, adjacent to a chain link and barbed wire fence, at a distance of 857.04 feet, a'/2" iron rod found marking the common corner between the said 35.00 acre tract and the 30.02 acre - remainder tract, bears southeast -0.65 feet and a chain link fence corner bears southeast - 3.1 feet, continue on, for a total distance of 1048.54 feet to a iron rod found; THENCE along the common line between the beforementioned 17.215 acre tract and the 30.02 acre - remainder tract and around an abandoned water well, as follows: S 421 42'01 " E for a distance of 36.83 feet to a %2" iron rod and cap found, S 43° 25' 12" W for a distance of 10.56 feet to a '/2' iron rod and cap found, N 430 10'46" W for a distance of 36.92 feet to a W' iron rod found, from which a 6" creosote post fence corner bears S 211 42' E - 5.5 feet; THENCE along the common line between the 17.215 acre tract and the Arnold Road (private road), as follows: S 42° 58' 48" W for a distance of 34.43 feet to a''/2" iron rod and cap found, S 650 14'02" W for a distance of 166.40 feet to a iron rod set at the east corner of a 0.156 acre tract described in the deed to Craig Browne and Rostell Chapman, according to the deed recorded in Volume 5027, Page 162, of the Official Records of Brazos County, Texas, and dedicated as Arnold Road, according to the plat of Carroll Addition, recorded in Volume 5229, Page 47, of the Official Records of Brazos County, Texas; KLING ENGINEERING AND SURVEYING BAYAN,TE%AS Page 241 of 299 ORDINANCE NO. ZO 12 - 33ci Z Page 4 Texas Hotel Management Corporation 17.07 Acre Tract Robert Stevenson Survey, A-54 College Station, Brazos County, Texas Continued - Page 2 THENCE along the northeast and northwest right-of-way lines of Arnold Road, as follows: N 470 32'32" W for a distance of 32.38 feet to a iron rod set, S 630 10'46" W for a distance of 180.26 feet to a '/2" iron rod and cap set at the beginning of a curve, concave to the southeast, having a radius of 405.00 feet. Southwesterly along said curve, for an arc distance of 124.58 feet to a %s" iron rod and cap found in the northeast line of a 9.93 acre tract, described in the deed to the City of College Station, Texas, recorded in Volume 448, Page 230, of the Deed Records of Brazos County, Texas, the chord bears S 54° 22' 03" W - 124.09 feet, the east corner of the said 9.93 acre tract bears S 47132' 40" E 1.17 feet; THENCE N 47° 32' 40" W along the common line between the beforementioned 17.215 acre tract and the 9.93 acre tract, for a distance of 316.81 feet to a iron rod found marking the common corner between the said 17.215 acre tract and the beforementioned 18.83 acre tract; THENCE N 410 48' 29" E along the common line between the beforementioned 17.215 acre tract and the beforementioned 18.83 acre tract, for a distance of 1532.94 feet to the PLACE OF BEGINNING, containing 17.07 acres of land, more or less. tiP'{»•w.; ~C,Surveyed: November, 2011 s=v.,S. M. Kling ia ti,~,f11 R.P.L.S. No. 2003 Prepared 11/29111 kesl 1-WITezds Hotel Management i / 072c. wPd Page 242 of 299 ORDINANCE NO. ZC I Z - 33q 2 Page 5 EXHIBIT "B" Purpose & Intent The purpose of the PDD zoning district is to provide senior-targeted residential facilities, continuum of care, and medical facilities that are located within walking distance to existing, premier medical service providers and major retailers. Permitted Uses The following uses will be permitted in the residential areas: Senior-Targeted Independent Living, Assisted Living, and Active-Adult communities; Senior-Targeted Mixed-Income Multifamily Developments; Nursing Homes; Convalescent Homes; Extended Care Facilities; Skilled Nursing Facilities; and Memory Care Facilities. The following uses will be permitted in the non-residential use area: Hospital; Offices; Medical Retail; Medical Clinics; Skilled Nursing; and Memory Care Facilities. Stand-alone retail and restaurant uses shall not be permitted unless they serve as an accessory use to another primary use. Definitions Senior: Adults 55 years of age or older. Senior-Targeted Community: A community that provides features, amenities, operational standards, services and use restrictions that adults 55 years of age or older find desirable. By choosing to provide senior-targeted amenities, and consciously not provide amenities desired by the general public of ages less than 55, seniors often self-select into these communities. Many senior-targeted communities are often age-restricted as well, to reinforce and bolster the sense of safety and community desired by senior residents. Senior-targeted communities feature amenities consciously planned into the development; among these particular amenities, open space within half a block and recreational facilities are the most common. These recreational facilities include walking trails and park spaces, along with a lifestyle center/ clubhouse that emphasize clubs and activities and feature resort-style amenities. Amenities often include an indoor and/or outdoor heated swimming pool, whirlpool tub, steam and/or sauna rooms, separate facilities for aerobics and weight training, rooms for cards, games and billiards, and often feature a great room with a commercial kitchen as well as Page 243 of 299 ORDINANCE NO. 20 12 - 33q 2 Page 6 facilities for tennis, golf, shuffleboard, bocce, and more. Clubs and activities focus on scrapbooking and other crafts. Active-Adult Communities: Active adult housing refers to communities either age-targeted or age-restricted to people aged 55 or older. Active adult housing is often designed for complete single-floor living, with features like laundry facilities and the master bedroom and bathroom on the first floor. The properties have few, if any, steps to get into the home, and often boast details like toggle/rocker light switches, lever handles, shower stalls with seats, wide doorways, and other features that make life easier for people who are experiencing the pains associated with aging (like arthritis). Active adult communities feature amenities consciously planned into the development; among these particular amenities, open space within half a block and recreational facilities are the most common. These recreational facilities include walking trails and park spaces, along with a lifestyle center/ clubhouse that emphasize clubs and activities and feature resort-style amenities. Amenities often include an indoor and/or outdoor heated swimming pool, whirlpool tub, steam and/or sauna rooms, separate facilities for aerobics and weight training, rooms for cards, games and billiards, and often feature a great room with a commercial kitchen as well as facilities for tennis, golf, shuffleboard, bocce, and more. Clubs and activities focus on scrapbooking and other crafts. Building Height The center portion of the site (see Concept Plan - Exhibit "C") will consist of residential uses with maximum height of four stories and 60 feet. The western portion will also consist of residential uses with a maximum height of three stories and 50 feet. Base Zoning and Meritorious Modifications in accordance with the above Purpose & Intent statement, the Concept Plan (Exhibit "C") proposes residential and non-residential use areas. The residential use areas will adhere to the dimensional standards and requirements of the R-6 High Density Multi-Family district while the non-residential use area will follow the C-1 General Commercial district standards. At the time of plat and site plan, the project will need to meet all applicable site development standards and platting requirements of the UDO for the C-1 General Commercial and R-6 High Density Multi-Family zoning classifications, except for the parking reduction and block length/block perimeter/access way meritorious modifications that are described in Concept Plan Note 5 as provided in Exhibit "D." Parkland Dedication Credit for Construction of Multi-Use Path: Construction of a portion of the multi-use path identified on the Bicycle, Pedestrian, and Greenways Master Plan that connects Arnold Road to Rio Grande Boulevard through the Southwood Community Park. Specifically, construct the portion of the multi-use path shown on the Concept Plan adjacent to the development on the City's park property. Construction of the multi-use path can be counted as credit toward the Community Park Development fee-in-lieu funds that is required for the residential units constructed with this development. Page 244 of 299 ORDINANCE NO.- Z.0) ' Z - 3?> 92 Page 7 EXHIBIT" C" e Ro HMJ~ O r Z Ua l i Dtic a PR. PGSEC N. GRV4Np DRIVE o 1 O / 3 ~ ~ d Q I Q I L k. o I i Ix, Tilt- a P: 3 sr. R I PZ2 S=' DI j 4 syydkTdT, Sys y U SARAH DRI' JE a ~ a~~ o~~ I 11 111 q¢ e5 Page 245 of 299 ORDINANCE NO. 2012, 3,;,)q 2 Page 8 EXHIBIT"D" Z N a x N Lwu C/) a 1 1 1 ~ Z Z ~ W pa~OtaWU ~a Z Q ZSd W> OZm W ~vV... W O n O° z oomwaw U z W Uma Ana E Z a W" a O o w U Z= o _om Y x ti Q O ll~ m z zz na V 3 z3 wE0 xm aw w m lu aw -o w Ln cnz N w N 3 Z N 5 g z a x z o? oUW Z U Z a a U O- in z w ~O N O J 3> z m~z m Z O n Vl W W O NZ- N } Y O Z n W N N° F U Go`~a pO z o o E n3 n a v ow o w o J W a any p U z ¢z V V z ~ G NO w O Q ink vi n aaZ rn N ¢W W aw m m a o x z= In z w a m 2 g= oa Y c 0~Z O Q p O c 0p O G z p O nzvom 050 00p2W> o p Y z Z l0 N O° LJ W U w0 z m p aw z° 3 in m3 o m°z 3 ow C)oz w° 3w w o No z0WoWo0¢ N z O N O d O N U N 1/ 1 N N f N j V N O K V C p F OU 2 Z L- 00 00 m m U~ N Z O~ p ~Oz p o - m n M n u\i aw °w x p po z¢ J O Q°O N Om 3 m mw opV°Oz E O wxp z m f C) U U Q 3 W N Y Q V Z~ n r w m O Q O W N N N N Q N Z¢ Z m n Q m Z N Z GNOOOOIx ¢ O NO O O N v1 V m V x N U3 OUd Z 0 0 V OUN z z O O~ o z z JiNO Z~ ~~W O~ N a ZO wN¢W H Lv W L7 z U N W m Z Z f a j °°a L-m wz xz°o o cv viW a n a Apo ¢o a a o U J N OU O m U z0 N z' j z v m z m VI zz~3 z N N I-w c5 Q Ora ~F- J Z p~ Z tt 3 N N ¢ w z aw o3 m3z 3 o a~ wzzr ti ° N o v °x ttN zl-¢ oa cxn o- o°Qo o z Z o w w wW~ °Q m 3 aFw U V W 5-; N w Apo z 3a inwo p° m mw ¢oz O j N W z p Z~~I 3 w a a z O Z aOV U U Z z::,zz~Z mW o ao oN 3W x s a 44 W C) Y m z mx f , m a w 3 z m z p U o Q< m m m z w z 3 ° o m¢ z w n UwZPJO3pz ° 4 K N N I u Q N m Z O n z M6.ng°z V z opa w o dmuo o° a a3 o w= oo m N o p U U I p N Z O w n OtiOUNN KVZ U¢ _N O U¢N a Page 246 of 299 ORDINANCE NO. 2012 - 3:-:~9 a,Page 9 EXHIBIT"E" Z y0 4.z D t t o 2 QN 2 p v~omW Ld r+~o d~~y .z z i. p L -yb o UtmmO g d Gr~°^d d0 cu az1va>>m r. M O ~aU' C9 c9>O Z Z Z O WpY 00 u v rnV js~LJ rttf r~o o U N oo" I LLi i v>~ u9 I V-76.c0~E L ~ ~ C C Qmrnv0 s Uxu~a 20 ~Z Q I LL) J Q E E E Ux r. o,gip)i.. a LL~ u ul r I I I I I I I W K K Q U U Cc w0 N aL22.ao Q w n m m 32 r er do,o v E bs oo~Q'O p utr ~w d 1f1] d~p~0 n La~~y o Ali Q 80 nn d C k J n~ L~ilk ~gO C,m ZC 543010 LJ I I I I c ii e Page 247 of 299 DETENTION POND BUI L D I N G WIT H PAR K I N G BU I LD INGWI TH P AR K I NG BUILDING WITH PARKINGBUILDING WITH PARKING BUILDING WITH PARKING BUILDING WITH PARKING BUILDING WITH PARKING BUILDING WITH PARKING BUILDING WITH PARKING BUILDING WITH PARKING BUILDING WITH PARKING MF - MULTI-FAMILY 40' MAX HEIGHT ARNOLD ROAD NORMAND DRIVEDETENTION POND PARKING PARKING BUILDING COURTYARD PARKING BUILDING PARKING GREENSPACE AND TRAIL AREA 2 0 ' C I T Y O F BR Y A N E L E C T R IC A L E A S EM E N T 6 0 ' C I T Y O F BR Y A N E L EC T R IC A L E A S EM E N T 20.0'40.0'FARAH DRIVECARROLL ADDITION UTILITY SERVICE CENTER BRIAN BACHMANN ATHLETIC PARK COMMUNITY CENTER SKATE PARK N/F OLIVE HANNA ARNOLD 1.88 ACRES ZONED R-RURAL N/F COLBIE PROPERTIES LLC 0.46 ACRES ZONED R-RURAL N/F GARRETT & HANNAH KAISER 0.24 ACRES ZONED GS - GENERAL SUBURBAN N/F BRYCE PHILIP POHLMEIER 0.24 ACRES ZONED GS - GENERAL SUBURBAN ST. JOSEPH REGIONAL HEALTH CENTER 22.18 ACRES ZONED GC - GENERAL COMMERCIAL DRIVEWAY DRIVEWAY SOCCER FIELD EX. D RI V E DEVELOPED SUBJECT PROPERTY ARNOLD RD.NORMAND DR.ROCK PR A I R I E R D .EARL RUDDER FREEWAY S.NORTH VICINITY MAPVICINITY MAP NORTH SITE LOCATION N.T.S. PROPERTY LINE LEGEND EXISTING EASEMENT 10' WIDE MULTI-USE PATH EXHIBIT "C"DWG NAMEK:\CST_CIVIL\064532506 - ARNOLD RD SENIOR LIVING\CAD\EXHIBITS\CONCEPT PLAN.DWGTHO. NR. 979 775-9595 BU\DQ, TH[DV 77802 2800 SRXWK TH[DV AYHQXH, SXLWH 201 FD[ NR. 979 775-9599 TBPE RHJLVWUDWLRQ NR. F-928 CONCEPT PLAN 8.91 ACRES CURRENT ZONING: PDD - PLANNED DEVELOPMENT DISTRICT PROPOSED ZONING: PDD - PLANNED DEVELOPMENT DISTRICT COLLEGE STATION MEDICAL + SENIOR LIVING LOTS 1 AND 2 COLLEGE STATION, BRAZOS COUNTY, TEXAS OWNER: TEXAS HOTEL MANAGEMENT CORP. 2121 WILLIAM J. BRYAN PARKWAY EAST #2864 BRYAN, TEXAS 77850 SHEET 1 OF 2Page 248 of 299 EXHIBIT "D"DWG NAMEK:\CST_CIVIL\064532506 - ARNOLD RD SENIOR LIVING\CAD\EXHIBITS\CONCEPT PLAN.DWGTHO. NR. 979 775-9595 BU\DQ, TH[DV 77802 2800 SRXWK TH[DV AYHQXH, SXLWH 201 FD[ NR. 979 775-9599 TBPE RHJLVWUDWLRQ NR. F-928 CONCEPT PLAN NOTES 8.91 ACRES CURRENT ZONING: PDD - PLANNED DEVELOPMENT DISTRICT PROPOSED ZONING: PDD - PLANNED DEVELOPMENT DISTRICT COLLEGE STATION MEDICAL + SENIOR LIVING LOTS 1 AND 2 COLLEGE STATION, BRAZOS COUNTY, TEXAS OWNER: TEXAS HOTEL MANAGEMENT CORP. 2121 WILLIAM J. BRYAN PARKWAY EAST #2864 BRYAN, TEXAS 77850 SHEET 2 OF 2Page 249 of 299 EXHIBIT “B” Purpose & Intent The purpose of the PDD zoning district is to provide senior-targeted residential facilities and continuum of care that are located within walking distance to existing, premier medical service providers and major retailers. Permitted Uses The following uses will be permitted: •Senior-Targeted Independent Living, Assisted Living, and Active-Adult communities; •Senior-Targeted Mixed-Income Multifamily Developments; •Nursing Homes; •Convalescent Homes; •Extended Care Facilities; •Skilled Nursing Facilities; and •Memory Care Facilities. Definitions •Senior: Adults 55 years of age or older. •Senior-Targeted Community: A community that provides features, amenities, operational standards, services and use restrictions that adults 55 years of age or older find desirable. By choosing to provide senior-targeted amenities, and consciously not provide amenities desired by the general public of ages less than 55, seniors often self-select into these communities. Many senior-targeted communities are often age-restricted as well, to reinforce and bolster the sense of safety and community desired by senior residents. Senior-targeted communities feature amenities consciously planned into the development; among these particular amenities, open space within half a block and recreational facilities are the most common. These recreational facilities include walking trails and park spaces, along with a lifestyle center/clubhouse that emphasize clubs and activities and feature resort-style amenities. Amenities often include an indoor and/or outdoor heated swimming pool, whirlpool tub, steam and/or sauna rooms, separate facilities for aerobics and weight training, rooms for cards, games and billiards, and often feature a great room with a commercial kitchen as well as facilities for tennis, golf, shuffleboard, bocce, and more. Clubs and activities focus on scrapbooking and other crafts Page 250 of 299 •Active-Adult Communities: Active adult housing refers to communities either age-targeted or age-restricted to people ages 55 or older. Active adult housing is often designed for complete single-floor living, with features like laundry facilities and the master bedroom and bathroom on the first floor. The properties have few, if any steps to get into the home, and often boast details like toggle/rocker light switches, lever handles, shower stalls with seats, wide doorways, and other features that make life easier for people who are experiencing the pains associated with aging (like arthritis). Active adult communities feature amenities consciously planned into the development; among these particular amenities, open space within half a block and recreational facilities are the most common. These recreational facilities include walking trails and park spaces, along with a lifestyle center/clubhouse that emphasize clubs and activities and feature resort-style amenities. Amenities often include an indoor and/or outdoor heated swimming pool, whirlpool tub, steam and/or sauna rooms, separate facilities for aerobics and weight training, rooms for cards, games and billiards, and often feature a great room with a commercial kitchen as well as facilities for tennis, golf, shuffleboard, bocce, and more. Clubs and activities focus on scrapbooking and other crafts. Building Height The residential portion of the site (see Concept Plan – Exhibit “C”) will consist of residential uses with a maximum height 40 feet and will not meet the requirements as set forth in Section 7.2.H "Low Density Residential Height Protection" to the adjacent park property. Base Zoning and Meritorious Modifications In accordance with the above Purpose & Intent statement, the Concept Plan (Exhibit “C”) proposes a residential area. The residential use area will adhere to the dimensional standards and requirements of the MF Multi-Family district. At the time of plat and site plan, the project will need to meet all applicable site development standards and platting requirements of the UDO for the MF Multi-Family zoning classification, except for the parking reduction and block length/block perimeter/access way meritorious modifications that are described in Concept Plan Note 5 as provided in Exhibit “D”. Parkland Dedication Credit for Construction of Multi-Use Path Construction of a portion of the multi-use path identified on the Bicycle, Pedestrian, and Greenways Master Plan that connects Arnold Road to Rio Grande Boulevard through Southwood Community Park. Specifically, construct the portion of the multi-use path shown on the Concept Plan adjacent to the development on the City’s park property from Arnold Road to Brian Bachmann Park Drive. Construction of the multi-use path can be counted as credit toward the Community Park Development fee-in-lieu funds that is required for the residential units constructed with this development. Page 251 of 299 May 26, 2022 Item No. 9.3. Valley Park Apartments Rezoning Sponsor:Jesse Dimeolo 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 PDD Planned Development District to PDD Planned Development District with a base zoning of MF Multi-Family for approximately 5 acres located at 404 Harvey Mitchell Parkway South. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their May 5, 2022 Regular Meeting and voted 6-1 to recommend approval. Staff recommends approval. Summary: The property is the southernmost lot out of three lots that share driveway access off Harvey Mitchell Parkway. The two northern lots have been developed for commercial and office related uses, with this lower lot still undeveloped. The subject property is adjacent to the Aggie Field of Honor and was rezoned to a PDD with a base zoning of MF Multi-Family in May 2017. This rezoning is not proposing any change to the base zoning of MF Multi-Family but is proposing an amended Concept Plan with a different bedroom per unit mix, a different building and amenity layout, and a meritorious modification for parking. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject area is designated on the Comprehensive Plan Future Land Use and Character Map as General Commercial. The Comprehensive Plan generally describes the General Commercial land use designation as follows: General Commercial – Concentrated areas of commercial activities that cater to both nearby residents and to the larger community or region. Generally, these areas tend to be large and located along regionally significant roads. Due to their context, these areas tend to prioritize automobile mobility. The previous Comprehensive Plan Land Use and Character Map was amended from Suburban Commercial to Urban in May 2017 in conjunction with the adoption of the PDD rezoning that is existing on the property. With the property undeveloped at the time of the new Comprehensive Plan, the property was redesignated for General Commercial. The proposed zoning permits high-density multi-family development, which is not consistent with the Comprehensive Plan but follows the character of the existing PDD zoning by proposing the same number of bedrooms with a different unit mix. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: Page 252 of 299 The PDD zoning with a MF Multi-Family base district is appropriate in the context of the surrounding area because it provides a horizontal mixing of uses with the two properties to the north and gives easy access to residents. The proposed Concept Plan change to the unit mix and building layout does not negatively affect the surrounding area. The proximity to Texas A&M University provides a shorter commuting distance for residents or they can choose to use alternative modes of transportation and utilize the proposed multi-purpose trail. The lack of access to the site off Harvey Mitchell Parkway makes it more of a challenge to market the property as commercial. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: By creating a horizontal mix of uses, the proposed zoning helps spread out traffic throughout the day. If all three properties along the Harvey Mitchell Parkway frontage were commercial, traffic would be isolated to similar peak hours. The applicant also stated that the physical layout of the property and limited access to public rights-of-way made it difficult to market the property as commercial. 4. Whether there is available water, sanitary sewer, storm water, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Water service to the subject tract may be provided by an existing 10” water main along the front of the property. Domestic and fire flow demand may necessitate future water main extensions with site development. These utilities will be required to be designed and constructed in accordance with the BCS Unified Design Guidelines. The site also has existing 6” sanitary sewer mains along the northern and western property lines and a lift station located near the northwestern corner. Wastewater for select properties, including this tract, are subject to an Interlocal Agreement (ILA) with Texas A&M University in which they have agreed to accept an enumerated sewer demand into their system. Based on preliminary demands provided, the ILA and lift station capacity appear to be adequate. The site will have access to Harvey Mitchell Parkway through an existing driveway and cross access easement on the adjacent site. No additional access points can be permitted due to the property’s proximity to the existing ramp on Harvey Mitchell Parkway. A TIA was not required, as the proposed land use classification change is expected to generate less than 150 vehicle trips during any peak hour period. 5. The marketability of the property: The property is actively being marketed for multi-family due to the proximity to Texas A&M University and the BioCorridor. Also being near to the Veterinary School and Health Science Center helps create a sub-market for one- and two-bedroom apartments. Review of Concept Plan: The Concept Plan provides an illustration of the general layout of the proposed building 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; Page 253 of 299 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 purpose and intent of this Planned Development District is to provide a multi-family housing product close to campus and the BioCorridor. Community Benefits are shown on the Concept Plan with increased landscape buffering along the shared property line with the Aggie Field of Honor Cemetery and a multi-use path. The Concept Plan retains the same buffer area between the property and the Aggie Field of Honor that was approved in the existing PDD. There is no change being made to the buffer area. Section 7.7 of the Unified Development Ordinance requires a minimum 10-foot-wide landscape buffer between the differing uses. Both the existing and proposed Concept Plan propose increasing this buffer to 25 feet. The required plantings in the buffer area will meet the standard requirements of Section 7.7. The existing chain-link fence along the property line will be replaced with a privacy fence. The intent of the increased buffer width is to address any concerns on the potential visual and audible degradation of the cemetery due to this development. The subject property will be accessed through the neighboring commercial properties to the north via a proposed access easement. The proposed multi-use pathway will connect Raymond Stotzer Parkway with existing commercial developments and the proposed multi-family development, allowing commercial properties and the proposed multi-family developments to access Texas A&M University by walking or biking. The pathway will supplement the single access available for vehicular transportation. Base Zoning District and Meritorious Modifications: The PDD Planned Development District zoning includes a MF Multi-Family base zoning district and all requirements associated with the base zoning district shall apply except where specifically modified herein. The current rezoning request is for three modifications to the previously approved PDD Concept Plan—a modification to the number of units, a modification to the building layout on site, and a meritorious modification to the parking requirement. 1. Modification to the number of units The PDD currently states that the maximum building height will be four stories tall, with a maximum of 199 multi-family units and 339 bedrooms. One of the three proposed amendments to the Concept Plan is to change the number of units and the unit mix, but the total number of bedrooms will not change, just the ratio of bedrooms to units. Originally the ratio was 2.4 bedrooms per unit, but the Page 254 of 299 proposed PDD will be 1.7 bedrooms per unit. 2. Building layout The second proposed amendment to the Concept Plan is related to the layout of development on the site. Concerns on the original PDD rezoning included noise from the pool amenity area next to the cemetery and apartment buildings blocking the view of Kyle Field from the cemetery. The applicant has addressed both concerns. Regarding noise coming from the pool amenity area, this will be located interior to the site and surrounded by the apartment building itself. The building will open towards Harvey Mitchell, not the cemetery. The second concern about sight angles to Kyle Field has been addressed by a clear zone easement established with the original plat in the southern portion of the property. This easement does not allow any structures to be built there. 3. Meritorious Modification – parking The third and last proposed amendment to the Concept Plan is a meritorious modification to the parking requirements for multifamily. UDO requirements for Multi-Family dwelling units are typically 1.5 spaces per bedroom for one-bedroom apartments and 1 space per bedroom for 2+ bedroom units. The proposal is for one parking space per bedroom regardless of the unit size with additional parking provided for staff. Floodplain & Detention: Stormwater from the site generally discharges to the northeast within the White Creek drainage basin. There is no FEMA regulated floodplain on site. The property has an existing detention pond at the southern corner, which will need to be evaluated with site development to confirm that the pond has adequate capacity to serve the entire site. Any necessary drainage improvements will need to be designed and constructed in accordance with the BCS Unified Stormwater Design Guidelines. Parkland: Fee-in-lieu of parkland dedication will be paid prior to building permits being issued based on the number of bedrooms. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Vicinity, Aerial, and Small Area Map 3.Background Information 4.Applicants Supporting Information 5.Rezoning Exhibit 6.Rezoning Map 7.Existing Future Land Use Exhibit 8.Original PDD Ordinance 9.Concept Plan - Proposed Page 255 of 299 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 AFFECTING APPROXIMATELY 4.74 ACRES LOCATED AT 404 HARVEY MITCHELL PARKWAY SOUTH; 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” and Exhibit “C” 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 256 of 299 ORDINANCE NO. ____________ Page 2 of 6 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this ______ day of ______________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 257 of 299 ORDINANCE NO. ____________ Page 3 of 6 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 PDD Planned Development District to PDD Planned Development District: Page 258 of 299 ORDINANCE NO. ____________ Page 4 of 6 Ordinance Form 08-27-19 Exhibit B Purpose, Intent and Community Benefit: The purpose and intent of this Planned Development District is to provide a multi-family housing product close to campus and the BioCorridor. Community Benefits are shown on the Concept Plan with increased landscape buffering along the shared property line with the Aggie Field of Honor Cemetery and a multi-use path. The Concept Plan retains the same buffer area between the property and the Aggie Field of Honor that was approved in the existing PDD. There is no change being made to the buffer area. Section 7.7 of the Unified Development Ordinance requires a minimum 10-foot-wide landscape buffer between the differing uses. Both the existing and proposed Concept Plan propose increasing this buffer to 25 feet. The required plantings in the buffer area will meet the standard requirements of Section 7.7. The existing chain-link fence along the property line will be replaced with a privacy fence. The intent of the increased buffer width is to address any concerns on the potential visual and audible degradation of the cemetery due to this development. The subject property will be accessed through the neighboring commercial properties to the north via a proposed access easement. The proposed multi-use pathway will connect Raymond Stotzer Parkway with existing commercial developments and the proposed multi-family development, allowing commercial properties and the proposed multi-family developments to access Texas A&M University by walking or biking. The pathway will supplement the single access available for vehicular transportation. Base Zoning District and Meritorious Modifications: The PDD Planned Development District zoning includes a MF Multi-Family base zoning district and all requirements associated with the base zoning district shall apply except where specifically modified herein. The current rezoning request is for three modifications to the previously approved PDD Concept Plan—a modification to the number of units, a modification to the building layout on site, and a meritorious modification to the parking requirement. 1. Modification to the number of units The PDD currently states that the maximum building height will be four stories tall, with a maximum of 199 multi-family units and 339 bedrooms. One of the three proposed amendments to the Concept Plan is to change the number of units and the unit mix, but the total number of bedrooms will not change, just the ratio of bedrooms to units. Originally the ratio was 2.4 bedrooms per unit, but the proposed PDD will be 1.7 bedrooms per unit. 2. Building layout The second proposed amendment to the Concept Plan is related to the layout of development on the site. Concerns on the original PDD rezoning included noise from Page 259 of 299 ORDINANCE NO. ____________ Page 5 of 6 Ordinance Form 08-27-19 the pool amenity area next to the cemetery and apartment buildings blocking the view of Kyle Field from the cemetery. The applicant has addressed both concerns. Regarding noise coming from the pool amenity area, this will be located interior to the site and surrounded by the apartment building itself. The building will open towards Harvey Mitchell, not the cemetery. The second concern about sight angles to Kyle Field has been addressed by a clear zone easement established with the original plat in the southern portion of the property. This easement does not allow any structures to be built there. 3. Meritorious Modification – parking The third and last proposed amendment to the Concept Plan is a meritorious modification to the parking requirements for multifamily. UDO requirements for Multi-Family dwelling units are typically 1.5 spaces per bedroom for one-bedroom apartments and 1 space per bedroom for 2+ bedroom units. The proposal is for one parking space per bedroom regardless of the unit size with additional parking provided for staff. Floodplain & Detention: Stormwater from the site generally discharges to the northeast within the White Creek drainage basin. There is no FEMA regulated floodplain on site. The property has an existing detention pond at the southern corner, which will need to be evaluated with site development to confirm that the pond has adequate capacity to serve the entire site. Any necessary drainage improvements will need to be designed and constructed in accordance with the BCS Unified Stormwater Design Guidelines. Parkland: Fee-in-lieu of parkland dedication will be paid prior to building permits being issued based on the number of bedrooms. Page 260 of 299 ORDINANCE NO. ____________ Page 6 of 6 Ordinance Form 08-27-19 Exhibit C Page 261 of 299 Page 262 of 299 Page 263 of 299 Page 264 of 299 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: May 5, 2022 Advertised Council Hearing Date: May 26, 2022 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: N/A Property owner notices mailed: Three Contacts in support: None at the time of the staff report Contacts in opposition: None at the time of the staff report Inquiry contacts: None at the time of the staff report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Commercial CI Commercial Industrial and GC General Commercial Commercial Business and Office South (Across Raymond Stotzer) Texas A&M University C-U College University Easterwood Airport East (across Harvey Mitchell Pkwy) Texas A&M University C-U College University Texas A&M Property West Institutional/Public R Rural Cemetery DEVELOPMENT HISTORY Annexation: 1970 Zoning:R-1 upon annexation (1970) C-1 General Commercial to C-2 Commercial Industrial (2005) C-2 Commercial Industrial renamed CI Commercial Industrial (2012) PDD Planned Development District (2017) Final Plat:2011, Valley Park Center Site development: Vacant Page 265 of 299 Name of Project: REVISE THE CURRENT PD FROM 142 MULTIFAMILY UNITS TO 199 UNIT Address: 404 HARVEY MITCHELL PKWY S Legal Description: VALLEY PARK CENTER, LOT 3R, ACRES 4.74 Total Acreage: 4.74 Applicant: BEAMON ENGINEERING, LLC Property Owner: BATES-FLATO HOLDINGS LP List the changed or changing conditions in the area or in the City which make this zone change necessary. The developer has seen an increased market for one-bedroom and two-bedroom apartments. Therefore the developer would like to change the current PD, which has a cap of 142 units with an average of 2.4 bedrooms per unit, to 199 units with an average of 1.7 bedrooms per unit. 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 zoning request is not in compliance with the Comprehensive Plan without meritorious modifications but follows the character of the existing PD zoning by proposing the same number of bedrooms with a different unit mix. 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 property is suitable for multifamily uses due to the proximity to Texas A&M University. The lack of access creates a challenge to market the property as commercial. Explain the suitability of the property for uses permitted by the rezoning district requested. The property is suitable for multifamily uses due to the proximity to Texas A&M university and Easterwood Airport. The lack of access creates a challenge to market the property as commercial. The proximity to the departments of A&M that enroll graduate students (Vet school and Health Science Center) create a sub- market for one and 2-bedroom apartments. Explain the suitability of the property for uses permitted by the current zoning district. The property is suitable for multifamily uses due to the proximity to Texas A&M university and Easterwood Airport. The lack of access creates a challenge to market the property as commercial. The proximity to the REZONING PDD APPLICATION SUPPORTING INFORMATION Page 1 of 3 Page 266 of 299 departments of A&M that enroll graduate students (Vet school and Health Science Center) create a sub- market for one and 2-bedroom apartments. Explain the marketability of the property for uses permitted by the current zoning district. The property is actively being marketed for multifamily due to the proximity to Texas A&M and the Biomedical Corridor. List any other reasons to support this zone change. NA Maximum Building Height. 50 ft Proposed Drainage. The site has an existing detention pond which has been designed for an additional 45,000 sf of structure per the PAC notes. Additional detention will be provided if the development exceeds the allowable impervious cover. Variations Sought. The current PD is being revised to allow 199 units instead of 142 units. The number of bedrooms will be capped at 339. Also a parking reduction to 1 space per bedroom plus parking for staff. Community Benefits. All of the community benefits approved for the existing PD are being offered with this PD revision. Sustained Stability. The concept plan follows the character and precedent set by existing approved PD. This project will provide a Page 2 of 3 Page 267 of 299 need for one bedroom and 2 bedroom housing in the area. while encouraging multimodal transportation. Conformity. The concept plan follows the character and precedent set by existing approved PD. This project will provide a need for one bedroom and 2 bedroom housing in the area. while encouraging multimodal transportation. Compatibility with use. The property is the last remaining vacant lot in the subdivision, and the last lot to be developed in this intersection quadrant. The existing PD was approved after the lots to the north were already developed, which demonstrates the compatibility with the surrounding uses. Access to Streets. The concept plan shows a shared driveway through the existing adjacent development. The shared access is required by TXDOT and will reduce the conflict turning movements onto the highway. Public Improvements. The project will complete the multimodal trail and provide a connection between the development and Texas A&M. No other public improvements extension are required to support the Multifamily project. Public Health. The concept plan considers local and state guidelines for the public health safety and welfare and will not be detrimental to the public health. Safety. The completion of the Multimodal trail will provide a connection between this development and Research Park and Texas A&M, which will encourage pedestrian and bicycle traffic. Also using the shared driveway with the adjacent property will offer a safer access to the street and reduce conflict turning movements. Page 3 of 3 Page 268 of 299 ZONING EXHIBIT VALLEY PARK APARTMENTS 404 AND 406 HARVEY MITCHELL PARKWAY SOUTH LOT 3R, VALLEY PARK CENTER (4.74 ACRES) VOL. 10020, PG. 67DRAWN BY:APPROVED BY:DATE:SHEET NO.:JOB NUMBER:SCALE:DPBDPB1 OF 1TBD1"=100'April 10, 2022BEAMON ENGINEERINGBEXISTING 20' PUBLICUTILITY ESMTVOL. 7675, PG. 282EXISTING 20' PUBLICUTILITY ESMTVOL. 10020, PG. 67EXISTING 20' PUBLICUTILITY ESMTVOL. 7675, PG. 282EXISTING AVIATIONAND CLEAR ZONE ESMTVOL. 328, PG. 632EXISTING LIFTSTATION7.5' SIDE SETBACK15' FRONT SETBACK20' REAR SETBACK25' BUFFEREXISTINGDETENTION PONDACCESSDRIVEWAYPROPERTY BOUNDARYEXISTING SETBACKPROPOSED ZONING:PDDLEGENDEXISTING EASEMENTBATES-FLATO HOLDING LP107 E. 27TH STREETHOUSTON, TX 77008PH. (713) 355-4379WLS@WLS-INC.COMDEVELOPER:HARESH JETHANI AND KERSI ENGINEERHOUSTON GSH MANAGEMENT LLC9668 WESTHEIMER. STE 200-706HOUSTON TX 77063PH. (312) 404-6735HJETHANI@GMAIL.COMOWNER:APPLICANT:DANIEL BEAMONBEAMON ENGINEERING, LLC16172 BENCH LANEBRYAN, TX 77807PH. (979) 571-2407DANIEL@BEAMONENGINEERING.COMPROJECTLOCATIONVICINITY MAP1"=5000'FM 60SH 47FM 2818WELLBORN RDF&B ROADGEORGE BUSH DR Page 269 of 299 Page 270 of 299 Page 271 of 299 ORDINANCE NO. 2017-3883 AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 12-4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM CI COMMERCIAL INDUSTRIAL TO PDD PLANNED DEVELOPMENT DISTRICT FOR APPROXIMATELY 4.74 ACRES IN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, TEXAS, AT 404 HARVEY MITCHELL PARKWAY SOUTH, GENERALLY LOCATED AT THE CORNER OF HARVEY MITCHELL PARKWAY SOUTH AND RAYMOND STOTZER PARKWAY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map,"of the Code of Ordinances of the City of College Station,Texas,be amended as set out in Exhibit "A", as described in Exhibit "B" and as depicted in the concept plan in Exhibit"C" and as further shown in Exhibit "D", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars 2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 11th day of May, 2017 APPRO D. A AY•R ATTEST: City Secretary APPROV li 1 City A o,ney Page 272 of 299 ORDINANCE NO. 2017-3883 Page 2 of 5 EXHIBIT "A" That Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from CI Commercial Industrial to PDD Planned Development District: The Valley Park Center Subdivision, Lot 3R as depicted as follows: C'.1-fi I...A."4"n=rg.449.'t U•tel Nil"' ZritM141T..E.M.M WV/ Ln'B,BApes: 4 1 R1., x<rcr 'uv"iSHiir f' SC Ili 4tEPP 22W ACRES n'IxW.n:RAM'iAYWvr SIE.r ,I r .1t1_F* t> 1• StVor z I 1 y1 v..terr.WTAcarlw 7---- 6 CHtEU 4 no.RATE RRA-r Ay el 24'd'NE AYM a SCOT)ISALuf.A-+0 II 1 I—M''WIL`NIL?r EATzatnr1VMalae:'A as)L' vs Aa'.v0 : .' I nit r4nivr 1 2tl'RA.U7 V1Y/rl EBF'-CRr ' I I r Ain rc say 04W-- I 1 us Vc'.ad-ACCESS 1,A561rcvr cwt:GAP AOWS Lf;*227 Ai 770707 TO 071'cf MA..{TAR! tt Nos At-MSn6C h"T)A. AE} TTa, REZONING PLAN R+ ke 77(1025 SUMS, PANS 760527.1T.MA5 S4PFhEN.a.... JON,...(........ Page 273 of 299 ORDINANCE NO. 2017-3883 Page 3 of 5 EXHIBIT "B" General: The Concept plan depicts Urban land use to allow for high-density multi-family. Due to the location, the limited access available and surrounding commercial uses, the proposed use of multi-family is not harmonious with the character of the surrounding area unless meritorious modifications are made. The surrounding area is mostly commercial development that consist of office use. The proposed development is intended to provide student housing in close proximity to the Texas A&M University campus. The PDD includes a variety of unit types and bedroom counts. Meritorious modifications and other requirements are included below. All other standards of the MF Multi-family district shall apply to the subject tract. Density: The project is capped at 142 dwelling units. Range of future building heights: The buildings will have a maximum building height of four stories. Drainage: The drainage from the project will enter the two existing ponds on the property and be detained before leaving the property boundary. Modifications to the ponds are proposed to allow them to act as detention. The applicant is requesting to reclaim a portion of the "flood prone" area. This portion of the property shown as "flood prone" is located in a Zone X area on the FEMA FIRM map panel 48041 C0305F. Meritorious Modifications The following modification is proposed through this rezoning request: Residential Zoning District: The proposed base zoning will be multi-family with a modification to limit the total commercial portion to a maximum of 2,000 square feet and with a limitation to restaurant uses only. MF Multi-Family zoning traditionally permits non- residential uses up to a maximum of 50 percent of the total floor area if incorporated into the residential structure, and this shall be allowed up to a maximum of 2,000 square feet. Page 274 of 299 0 M. P N y• VICI`. IIY MAP 1-'- r V oo 1---). a.e* au. ov 1:::== i' oo r - ice I . t 172'''''''' N' s\\......`: c.,) 1. 1. ' t. 1. G r • B Cil V 1 t ti jjjj/jj H H 7 j e Q , omav_ N" ar_-_ w - . r. rw— crv- rs• 1.--.' r : 3 r lvw= acrd i1. van mar no we mein 1' .< r`r ". Of,= r.. nVCW. K • 7 f1.-' p F C' i nu. mac oxr 4. W,.. memo a- wra, a, T t d 1 THE RESIDENCES AT UNIVERSITY P PDD CONCEPT PLAN CD 011.1. LIC11, 11. 11 778. 5 " YET NM.. n 78131 1111. 1171M. 11= Olt a res.. Valley Park Center. Lot 3R. 4. 740 Attaa ao- mo- rv. 113- 1160- 1300 112- 24, 110 of Conoco Station xw moor- ooz. March 27, 2017 0 CA Page 275 of 299 ORDINANCE NO. 2017-3883 Page 5 of 5 i EXHIBIT "D" o 0 9A, 0 a Sy ci O CoII 0 Q f‘4• To CL. 0 5 04 0, 13 k ca t . •:.\ : t.; as:.05,,i,r, . ' 1- 61-'1-1-1171114- i 0 ,,, 1 , -.,- ,g-f .1 c 47s- 0 , U r 0 0 Z 9 • 0 v RS) • N •0O X H o 6 Page 276 of 299 DRAWN BY:APPROVED BY:DATE:SHEET NO.:JOB NUMBER:SCALE:DPBDPB1 OF 1TBD1"=100'April 10, 2022BEAMON ENGINEERINGBEXISTING 20' PUBLICUTILITY ESMTVOL. 7675, PG. 282EXISTING 20' PUBLICUTILITY ESMTVOL. 10020, PG. 67EXISTING 20' PUBLICUTILITY ESMTVOL. 7675, PG. 282EXISTING AVIATIONAND CLEAR ZONE ESMTVOL. 328, PG. 632EXISTING LIFTSTATIONPROPOSEDMULTI-USE PATH7.5' SIDE SETBACK15' FRONT SETBACK20' REAR SETBACK25' BUFFEREXISTINGDETENTION PONDGENERAL NOTES1.THE BASE ZONING FOR THE PROPOSED PLANNED DEVELOPMENT DISTRICT ISMULTIFAMILY.2.A MAXIMUM OF 2,000 SF TOTAL OF COMMERCIAL USE MAY BE UTILIZED WITHIN ANY OFTHE BUILDINGS.3.THE NON-RESIDENTIAL ARCHITECTURAL STANDARDS SHALL APPLY ONLY IF COMMERCIALUSES ARE INCLUDED IN THE BUILDINGS.4.A MAXIMUM OF 339 BEDROOMS IN 199 DWELLING UNITS WILL BE PROVIDED.5.BUILDINGS WILL BE A MAXIMUM OF 4-STORIES, WITH NO ELEMENT REACHING MORE THAN50FT ABOVE GROUND LEVEL. ALL BUILDING HEIGHTS WILL BE IN ACCORDANCE WITHAIRPORT REQUIREMENTS.6.PARKING WILL BE PROVIDED IN A PARKING GARAGE AND WITH SURFACE PARKING. THENUMBER OF PARKING SPACES PROVIDED WILL BE 1.0 SPACE PER BEDROOM PLUS STAFFPARKING.7.A MULTI-USE PATH WILL BE EXTENDED THROUGH THE PROPERTY TO CONNECT THEADJACENT DEVELOPMENT WITH THE PEDESTRIAN FACILITIES AT THE FM 60 AND FM 2818INTERCHANGE. THE PATH WITH BE A MINIMUM OF 10' WIDE AND SHALL INCLUDE A 3 FTSHOULDER ON EACH SIDE FREE OF OBSTRUCTIONS.8.THE BUFFER ALONG THE SOUTHWEST PROPERTY LINE WILL BE 25' WIDE AND WILLCONTAIN LANDSCAPING AND THE MULTI-USE PATH. THIS PROJECT SHALL COMPLY WITHTHE BUFFER STANDARDS SET FORTH IN UDO SECTION 7.7.F. A FENCE SHALL BECONSTRUCTED BETWEEN THE DEVELOPMENT AND CEMETERY.9.THIS PROPERTY DOES NOT LIE WITHIN THE 100 YEAR FLOODPLAIN IDENTIFIED IN FEMAFIRM MAP 48041C0305F, DATED APRIL 2, 2014.10.THIS PROPERTY FALLS WITHIN THE FLIGHTS PATHS FOR TAKEOFFS AND LANDINGS OFTHE EASTERWOOD AIRPORT AND MAY EXPERIENCE NOISE AND POSSIBLE VIBRATIONFROM AIRCRAFT.ACCESSDRIVEWAYCONCEPT PLAN VALLEY PARK APARTMENTS 404 AND 406 HARVEY MITCHELL PARKWAY SOUTH LOT 3R, VALLEY PARK CENTER (4.74 ACRES) VOL. 10020, PG. 67 BATES-FLATO HOLDING LP107 E. 27TH STREETHOUSTON, TX 77008PH. (713) 355-4379WLS@WLS-INC.COMDEVELOPER:HARESH JETHANI AND KERSI ENGINEERHOUSTON GSH MANAGEMENT LLC9668 WESTHEIMER. STE 200-706HOUSTON TX 77063PH. (312) 404-6735HJETHANI@GMAIL.COMOWNER:APPLICANT:DANIEL BEAMONBEAMON ENGINEERING, LLC16172 BENCH LANEBRYAN, TX 77807PH. (979) 571-2407DANIEL@BEAMONENGINEERING.COMPROPERTY BOUNDARYEXISTING SETBACKLEGENDEXISTING EASEMENTF M 6 0 PROJECTLOCATIONVICINITY MAP1"=5000'SH 47FM 2818WELLBORN RDF & B R O A D G E O R G E B U S H D R Page 277 of 299 May 26, 2022 Item No. 9.4. Impact Fee Semi-Annual Report Sponsor:Carol Cotter Reviewed By CBC:Impact Fee Advisory Committee Agenda Caption:Presentation, discussion, and possible action regarding a Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Relationship to Strategic Goals: Core Services & Infrastructure Diverse & Growing Economy Recommendation(s): The Impact Fee Advisory Committee (IFAC) heard this item at their meeting on May 19, 2022 and recommended forwarding the report to the City Council for their consideration. As part of their discussion, the IFAC expressed general concern about the low collection rate, which may result in the inability to collect adequate funds to complete the needed capital projects. Staff recommends that City Council acknowledge and accept the Semi-Annual Report. Summary: The attached Impact Fee Semi-Annual Report is provided to the City Council in accordance with the Texas Local Government Code Chapter 395.058. The City of College Station adopted System-Wide Impact Fees for water, wastewater, and roadways in 2016. The statutory 5- year update was completed last year, and on November 22, 2021, revised land use assumptions and capital improvements plans were adopted including resultant maximum assessable fees and associated collection rates. This report documents the period of October 1, 2021, through March 31, 2022. There have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. This report includes a summary of the utility and roadway impact fees collected, transferred, and available for capital improvement projects. It also lists ongoing capital improvement projects partially funded by impact fee revenues. The Planning and Zoning Commission serves as the Impact Fee Advisory Committee (IFAC) per the City of College Station Code of Ordinances Chapter 107, Impact Fees. Ad hoc members were also appointed for the update process. Budget & Financial Summary: N/A Attachments: 1.Impact Fee Semi-Annual Report 2.Future Land Use Map 3.Service Area Maps - Water, Wastewater, and Roadway 4.Status of Impact Fee Capital Improvements Plans - Water, Wastewater, and Roadway Page 278 of 299 MEMORANDUM DATE: May 19, 2022 TO: Impact Fee Advisory Committee FROM: Carol Cotter, P.E., City Engineer SUBJECT: Semi-Annual Report - System-Wide Impact Fees for Water, Wastewater, and Roadway The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. In accordance with Texas Local Government Code, the 5-year update was completed last year, and on November 22, 2021, revised land use assumptions and capital improvements plans were adopted including resultant maximum assessable rates and associated collection rates. Texas Local Government Code requires Semi-Annual Reporting to monitor the progress of impact fees and to determine if an update to the fee study is necessary before the statutory five-year requirement. There have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. This report documents the period of October 1, 2021 to March 31, 2022 and includes a summary of the utility and roadway impact fees collected, transferred, and available for capital improvement projects. It also lists ongoing capital improvement projects partially funded by impact fee revenues. Staff recommends that the Impact Fee Advisory Committee accept this report and forward to City Council for their update. Impact Fee Advisory Committee (IFAC) The City of College Station Code of Ordinances Chapter 107, Impact Fees, designates the Planning and Zoning Commission as the Impact Fee Advisory Committee (IFAC). Additional ad hoc members were appointed for the update process. The role of the IFAC is to: 1. Advise and assist the City in adopting Land Use Assumptions. 2. Review the Capital Improvements Plan and file written comments. 3. Monitor and evaluate implementation of the Capital Improvements Plan. 4. File semi-annual reports with respect to the progress of the Capital Improvements Plan. 5. Advise the City Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan, and Impact Fees. Page 279 of 299 Page 2 of 4 System-Wide Impact Fees System-wide impact fees for water and wastewater were adopted September 22, 2016, with roadway impact fees following on November 10, 2016. Maximum assessable rates were adopted, and reduced collection rates implemented. Water and wastewater fees were phased in, starting at 50% of the collection rate the first year with full collection rates the following year. Roadway impact fees were phased in, beginning with zero fee collection in year one and 50% in year two. Full implementation of the collection rates occurred in December 2018. The statuary 5-year update of the water, wastewater and roadway impact fee programs was initiated and completed last year. On November 22, 2021, amendments to the land use assumptions and capital improvements plans were adopted including resultant maximum assessable rates and associated collection rates. The collection rates were increased by 10% from the previous rates for residential development and became effective March 1, 2022. The service area for roadway impact fees remained unchanged, bounded by the city limits. Service areas for system-wide water and wastewater impact fees were adjusted to respective services areas within the city limits, removing areas of the City’s extra- territorial jurisdiction (ETJ). The amendments have been incorporated in this semi-annual report. Status of the impact fee programs are presented in the following tables. Impact Fee Program Overview – 2021 Study Updates System-Wide Impact Fee Adopted Max Rate Collection Rate Res / Com Total Estimated Capital Costs Max Recoverable Costs (2021 – 2031) Impact Fees Collected Since 2016 Water $3,877 $550 / $500 $67,722,554 $54,457,437 $1,784,980 Wastewater $5,572 $3,300 / $3,000 $189,748,166 $71,917,188 $8,580,050 Roadway A $499 $438.83 / $80 $13,915,012 $9,052,650 $725,206 Roadway B $1,261 $438.83 / $80 $48,390,353 $20,114,165 $1,187,466 Roadway C $2,127 $438.83 / $80 $78,250,564 $25,687,488 $1,064,345 Roadway D $3,452 $438.83 / $80 $74,492,580 $57,399,762 $520,086 Roadway Totals $215,048,509 $112,254,065 $3,497,104 Impact fee revenues collected since the initial adoption of system-wide impact fees in 2016 are provided below including the amounts collected for this six (6) month reporting period from October 1, 2021, through March 31, 2022. Page 280 of 299 Page 3 of 4 Impact Fee Revenues System- Wide Impact Fee FY17 FY18 FY19 FY20 FY21 FY22 1st 6 Month Reporting Period Total Impact Fees Collected Water $45,075 $339,325 $335,400 $381,880 $414,350 $263,100 $1,784,980 Wastewater $155,475 $1,606,025 $1,575,150 $1,666,800 $2,224,650 $1,332,900 $8,580,050 Roadway A $0 $40,893 $81,193 $123,327 $117,261 $362,532 $725,206 Roadway B $0 $32,671 $80,625 $427,118 $538,988 $108,064 $1,187,466 Roadway C $0 $156,540 $391,243 $186,979 $194,634 $134,949 $1,064,345 Roadway D $0 $33,000 $150,526 $79,161 $85,404 $171,995 $520,086 Roadway Totals $0 $263,104 $703,587 $816,585 $936,287 $777,540 $3,497,104 Impact Fee Capital Improvement Plan Implementation System-Wide Impact Fee Impact Fees Allocated Developer Constructed (Estimated) City Funded Total Capital Project Expenditures Water $1,246,085 $120,000 $30,584,740 $31,950,825 Wastewater $4,013,956 $690,000 $70,643,940 $75,347,896 Roadway A $317,500 $0 $262,867 $580,367 Roadway B $617,500 $0 $21,058,862 $21,676,362 Roadway C $793,333 $77,667 $31,479,876 $32,350,876 Roadway D $317,500 $777,500 $10,369,132 $11,464,132 Roadway Totals $2,045,833 $855,167 $63,170,737 $66,071,737 The impact fee revenues are being utilized to aid in funding a number of the impact fee capital improvement projects. Impact fees may only be spent on eligible projects identified in the respective impact fee capital improvement plans and are then further restricted to the specific zones for roadway impact fees. The projects that have received impact fee funding are listed as follows. Page 281 of 299 Page 4 of 4 Capital Projects Receiving Impact Fee Allocation Water Impact Fee Projects: · Well #9 and Collection Line (Project F) · SH 6 Water Line Phases 1 and 2 (Project N) · SH 6 Water Line Phase 3 (Project O) · 2021 Impact Fee Study (Project R) Wastewater Impact Fee Projects: · Lick Creek Trunk Line (Project C) · Northeast Trunk Line Phases 1 and 2 (Project E) · Carters Creek Diversion Lift Station Phase 1 (Project M) · Lick Creek WWTP Phase 1 Expansion (Project N) · 2021 Impact Fee Update (Project O) Roadway Impact Fee Projects: · Zones A and D - Rock Prairie Road from SH 6 to Stonebrook Drive (Project A-5/D-1) · Zones A and D - Rock Prairie Road from Stonebrook Drive to Town Lake Drive (Project A-6/D-2) · Zones B and C - Rock Prairie Road W from 715’ west of Towers Parkway to Wellborn Road (Project B-3/C-1) · Zone C - Capstone Drive from 1,265’ west of Wellborn Road to Wellborn Road (Project C-4) · Zone C - Barron Road from Wellborn Road to WS Phillips Parkway (Project C-5) · Impact Fee Study (all Zones) Recommendation: Staff recommends that the Impact Fee Advisory Committee accept this report and forward to City Council for their update. Attachments: 1. Future Land Use Map 2. Service Area Maps - Water, Wastewater, and Roadway 3. 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ETJ Boundary Other City Limit County Boundary LAND USE Urban Center Neighborhood Center General Commercial Neighborhood Commercial Business Center Urban Residential Mixed Residential Suburban Residential Estate Residential Rural Neighborhood Conservation Medical Wellborn Institutional/Public Texas A&M University Parks & Greenways Natural Areas !!!!!!!Redevelopment Areas Page 283 of 299 0 2,500 5,000 SCALE IN FEET FIGURE 2-3CITY OF COLLEGE STATIONWATER AND WASTEWATERIMPACT FEE UPDATEWATER IMPACT FEESERVICE AREA !I Created By Freese and Nichols, Inc.Job No.: CCL14324Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_FINAL_REPORT\(Figure_2-3)-Water_Impact_Fee_Service_Area.mxdUpdated: Monday, November 8, 2021 LEGEND !(Emergency Interconnect !(Active Interconnect [Ú Pump Station (#UT Elevated Storage Tank UT Ground Storage Tank 8" and Smaller Water Line 10" and Larger Water Line Road Railroad Stream Water Impact FeeService Area Texas A&M University Brazos County MUD 1 City Limit ETJ Boundary 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Capital Improvement Plan Semi-Annual Impact Fee Report: October 2021 - March 2022 Project ID Description of Project(1)Project Cost Project Status as of March 2022 A High Service Pumping Improvements $ 3,597,227 Complete B BioCorridor Water Line $ 998,884 Complete C Area 2 Water Line Extension $ 1,000,000 Complete D Cooling Tower Expansion $ 3,795,667 Complete E Well No. 10 Land Acquisition $ 1,048,633 Complete F Well No. 9 and Collection Line $ 7,623,202 Complete G Midtown Drive 12-inch Water Line $ 920,000 Complete H The Crossing at Lick Creek Phase 1 - 3 Oversize Participation $ 45,233 Complete I Embassy Suites Water Line Oversize Participation $ 15,030 Complete J Brazos Valley Auto Complex Oversize Participation $ 84,791 Complete K Castlegate II Oversize Participation $ 50,871 Complete L Greens Prairie Oversize Participation $ 96,498 Complete M Summit Crossing Phase 3A Oversize Participation $ 32,550 Complete N SH 6 Water Line Phase 1 and 2 $ 1,036,568 Complete O SH 6 Water Line Phase 3 $ 3,050,000 Under Construction P 3.0 MG Elevated Storage Tank and Pressure Reducing Valves $ 8,690,000 Under Construction Q SH 40 Water Line Phase 1 and 2 $ 4,200,000 In Design R 2021 Impact Fee Study $ 150,000 Complete 1 New and Replacement 12-inch Rock Prairie Road Water Line $ 2,289,500 Future 2 New 18-Inch Midtown Business Center Water Line $ 2,796,400 Future 3 BioCorridor Water Line Improvements $ 2,741,200 Future 4 Water Supply Well No. 10 $ 19,223,900 Future 5 Harvey Mitchel Parkway Water Line Replacement $ 4,236,400 Future (1)Oversize participation projects include only the portion of costs paid for by the City. 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CREEK RDCOLE LNB O O N E V I L L E R D C A VIT T A V E ROYDER RD PEACH CREEK RDW 2 8 T H S T TONKAWAY LAKE RD ARRINGTON RDN DO WLING RDW VILLA MARIA RDUNIVERSITY DRR O E S E R D BARAK LNHARDY WEEDON RD F AND B RDN GRAHAM RDBROADMOOR DRS DOWLI NG RDBECK STNUNN JONES RDJONES RD DOMINIK DRCARTER CREEK PKWY N EARL RUDDER F W Y FRANCIS DRFINFE AT H E R R D WEEDON LOOPTX-21PIPELINE RDCHICK LN BRIARCREST DRK E M P R D GLADE ST E 25TH ST S E B E S T A R D KOPPE BRIDGE RDGANDY RDBRADLEY RDHICKS LNDUSTY RDFISHTANK RDCAIN RDS MAIN STPALASOTA DR L O ST T R L WOODLAKE DR FROST DR W ELLB O R N R D BAWMKER RDNAGLE STE VILLA MARIA RDJOHN RICE DRGROESBECK STOLDEN LNE 27TH ST LINCOLN AVEC A P S T O N E D R IN DIA N L A K E S D R DEER RUN WHITE CREEK RD ELMO WEEDON RDPATE RDPARK PLE 30TH ST WAYSIDE DR SULPHUR SPRINGS RDT I M B E R L I N E D R E WM J BRYAN PKWYE 26TH ST DEW RD GEORGE BUSH DR WALACIA CT S COLLEGE AVE TODD TRLFM 158 RD PE A C H C R E E K C U T O F F B O X L E Y B N DFOUNTAIN AVEOLD TI RDD E 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AVE ES HUTCHINS STOW L T R E E L N FRIERSON RDWHI T E ROCK RDGOLD NUGGETTENFIELD STALICE ST W BRI ARGAT E DRWINDSOR DR PENDLETON DRR O BIN D RS GORDON STLACY WELL RD HOLLY DROLIVE STTROPHY DRVALLEY CIR ROANS CHAPEL RDFOXFIRE DRJOE ROUTT BLVDH I L L R DWOODLAND DRBUGGY LNHOLICK LN M E S A V E R D E D RDAIRY CENTER RDC O NNIE LN M IS T Y L N A U T U M N C I RTATUM STCAROL STAVON STCOMMERCE STBURT ST SPRING CRK RUNAWAY RD POLO RDADA OAKSWILLIAMSON DRH O USTO N ST DEERFIELD DRN A S H S T LAKE STARAPAHO RIDGE DRSAN SABA DRBURGESS RDREDMAN LNGABBARD RDMIDSUMMER LN TRANT ST OLD OAKS DRFRENEAU DRPRIVATE ROAD 4007LEONARD RDFLYWAY RD W DUNCAN STHUNTERS RUN 5 T H ST RICHARD ST E 28TH ST POTTER LNMCCULLOUGH RDCHACO CANYON DRATKINS STPI NTO RUNPARKWAY TER LISTER LNRAVENWOOD DRSILKWOOD DR COPPERFIELD DRMARI NERS CVLORI LN MILAM ST M O R RIS L N RIVA RIDGE RD D U R R A N D S TQUAIL HOLLOW DRMEADOW LNMOCKINGBIRD RDSHELLBOURNES HLS T A L L IO N R D G MILLS STMEMORIAL DRVINE STMICKTHEA LN E PEASE ST CAMILLE DR SPRING LN STUART STTODD ST PARK ST OAK STFREEDOM BLVD R O S E R D HIGH LONESOME RO SS STTALL TIMBER DRWATSON STDANSBY LNSCRI MSHAW LNHOLT STEDEN LN OAKVIE W ST CHEYENNE DRHOWARD STV A L L E Y VIE W D R MARY LAKE DRB R A Z O S D R VAL VERDE DRWILDFLO WER DR C E D A R B E N D R D CLOISTERS DRJONES STANGELINA CIRKINGSGATE DR THOROUGHBRED RDGWINDHAM RANCH RDQUALITY CIR P A T T O N A V E LEDGESTONE TRLWILLOW OAK ST RID G E W AY D R B E R R Y C R KW BRONZE LNBAMBOO STGOESSLER RDDEER CREEK DR STATE RDSUNNYDALE C O R N ELL D RHOLLOWHILL DRSLEEPY R-R RD AS B U RY ST W HISPERING RDG WO O D S L N KIRKWOOD DR FOREST BND DOE CIRN TR ADITIO N S DRR IV E R O A K S D R BELLAIRE BLVD FOUNDERS DR AFTON OAKS DRLESLIE DRM C A R T H U R A V E NARROW WAYJOSEPH DRHORSESHOE LNBRUSSELS DRLIS LN WOODSIDE LNH U M M IN G B IR D C IR M E DIN A D R K IN N A R D A V E HICKORY NU T LN KIMMY DR APRI COT GLNB A R R O W C T SANDPIPER CVOAKSIDE DRBANKS AVE NEWARK CIRM A R S H A L L A V E E PLACID DRPARK HURSTLUEDECKE LN IBIS CTS T O K E S C I R BELMONT CIRW A L N U T C R E E K C T OAK CIRCAEOUSEL LN WINDWOOD DR HIDDEN ACRES DRCHU RCH S T RED RIVER DR KOENIG STTOLTEC TRLHUNTERS W AY K O R S H E A W A Y K O C H S T OAK HILLS CIR ROL L I NG R DGC L A N VL G CHIPPENDALE ST FINNEYHARDY STGREEN TREE CIRTRIPLE BEND CIRWHISPERING OAKS DRS TEXAS AVE LAMAR DRPLEASANT STCOUNTY RD-172CRENSHAW CIRPOST OAK BND H O R S E B A C K C T HEATHER GLN M A R I N E R D R WILDERNESS DR CITATION CIRRENWICK DRIRIS LNWHITE STONE DRT ROW C R Y S T A L L N SYCAMORE TRL ANTLER CIRO PA L S T B R Y A N T S T EDGEMORE DRCRESTON LNSPRUCEWOOD ST POST OFFICE STS COULTER DRPRESTWICK CTHOPE LNS O U T H D R E DODGE STN EARL RUDDER FWY TX-47 UNIVERSITY DRE 27TH ST TX-21BURT STCLLTURK RANCH RDKEMP RD E 30TH ST POTTER LNFLYWAY RD K E N T S T BLUE RIDG E DR FIGURE 3-1CITY OF COLLEGE STATIONWATER IMPACT FEE UPDATECAPITAL IMPROVEMENTS PLAN !I Created By Freese and Nichols, Inc.Job No.: CCL20771Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_FINAL_REPORT\(Figure_3-1)-Water_IF_CIP.mxdUpdated: Monday, November 8, 2021 11:12:56 AMUser Name: 03812 0 2,750 5,500 SCALE IN FEET LEGEND Impact Fee Eligible Project Water Line Ongoing/Recently Completed Improvements !APressure Relief Valve (#UT Water Tank Water Line Existing Water System !(Interconnect (#UT Elevated UT Ground [Ú Pump Station 8" and Smaller Water Line 10" and Larger Water Line Road Railroad Stream Lake Water Impact Fee Service Area Brazos County MUD 1 Texas A&M University City Limit ETJ Boundary Other City Limit County Boundary UT UT[Ú[Ú (5 Dowling RoadPump Station(3) - 8,000 gpm Pumps(2) - 6,175 gpm Pumps(1) - 6,000 gpm Pump(1) - 5.0 MG Ground Storage Tank(1) - 3.0 MG Ground Storage Tank Overflow Elev. = 370'High Service Pumping Improvements (A 30"3 0 " 3 0 "30"30"8 " 6" 3"4"6" 8"8"8"6"8"8 " 6"6"8 "8"8"8"4"8"8 "6"6"8"8"8"8"8"8 "8"8"8" 8 " 8" 8 "8"8 "8"8"8 " 8"8"6"8"8"8"6"6" 8" 8"6"8" 6"6"8 " 8 " 8"8"8"6"8"6" 8"8"6"6"6"8"6 "6"6"6" 6" 6"8"6"8"8"6"6"8"6 "6"8"8"8"8"8 " 3"8"8"8"8" 8"8"6"8 " 8"8"8" 8 "8"8"8"6"8 " 6"6"8"8"8"8"8"6"6" 8" 6"8"6 " 6" 6"6"8"6"6" 8" 6"8"8"8"3 6 "3 0 " 2 4 " 1 8 "42"12"16"48"10"16"12" 1 2"16"12"12"1 2"12"2 4 " 12"12"12"12"12"18"36" 12" 1 6 " 1 2 " 36" 12"10"1 2 "1 2 "12"1 8 " 42" 1 2 "24"36" 1 8 " Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community The timing of projects shown is subject to change based on development patterns.The utility alignments shown in this figure are for illustration purposes onlyand do not set the alignments. The alignment of each utility will be determinedat the time of the engineering design. (4 (D (E (F Cooling Tower Expansion Land Acquisition for Well No. 10 Well No. 9 and Collection Line New Groundwater Well No. 10 Page 288 of 299 Wastewater Impact Fees Capital Improvements Plan Semi-Annual Impact Fee Report: October 2021 - March 2022 Project ID Description of Project(1)Project Cost Project Status as of March 2022 A Royder/Live Oak Sewer Service $ 1,691,256 Complete B Bee Creek Interceptor Phase 1 and 2 $ 8,472,421 Complete C Lick Creek Trunk Line $ 14,020,058 Complete D Medical District Trunk Line Phase 1 (Participation Agreement)$ 1,770,375 Complete E Northeast Trunk Line Phase 1 and 2 $ 6,558,738 Complete F Southwood Valley Trunk Line Phase 1 $ 1,518,488 Complete G 18-Inch Harvey Road Gravity Line $ 188,790 Complete H Creek Meadows Lift Station Upsizing and Force Main $ 212,587 Complete I Nagle Street Student Housing Oversize Participation $ 26,854 Complete J Bee Creek Interceptor Phase 3 $ 3,900,000 In Design K Medical District Trunk Line Phase 2 and 3 $ 3,250,000 Phase 2: In Design; Phase 3: In Design L Northeast Trunk Line Phase 3 and 4 $ 13,861,000 Phase 3: In Design; Phase 4: Design Contract Negotiations M Carters Creek Diversion Lift Station Phase 1 $ 13,900,000 In Design N Lick Creek WWTP Phase 1 Expansion $ 39,014,049 Under Construction O 2021 Impact Fee Update $ 174,150 Complete 1 15/18/24/30/36-inch Southwood Valley Interceptor Phase 2 $ 7,314,800 Programmed 2 18/21/24-Inch Bee Creek Trunk Line Phase 4 $ 5,357,800 Future 3 18/21-Inch Alum Creek Sewer Trunk Line $ 11,136,600 Programmed 4 8-Inch Creek Meadows Force Main Re-Routed to Alum Creek Trunk Line $ 2,517,900 Future 5 Lick Creek WWTP Phase 2 Expansion (to 8.0 MGD)$ 49,946,000 Future 6 21/24-Inch Harvey Road Replacement Gravity Line $ 4,916,300 Future (1)Oversize participation projects include only the portion of costs paid for by the City. Page 289 of 299 Vä Vä Vä VäVä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä Vä VäTXWWTP TXWWTP TXWWTP Texas A & M UniversityTexas A & M University Brazos CountyMUD 1 Private Lift Station (3 (H (B (L (K 20" F.M. (6 (4 (L (L 8" F.M 8" F.M (K (K (J[]][][(M (M (M (D(2 48"18"21"24"8" F.M 8" F.M18"36"8 " F.M8" ?c ?c ?c ?c ?c ?¡ ?¡ ?¡?¡ ?À Carters Creek WWTPPermitted Capacity: 9.5 MGDFunctional Capacity: 7.7 MGD Carters Lake WWTP Southern Pointe LS Indian Lakes LS Crooked Creek Path LS Creek Meadow LSExpansion to 0.87 MGD Decommission Existing 6-Inch Force Mains and Re-Route Flows Aggie Acres LS Luther Street LS Fox Fire LS Valley Park LS Hensel Park LS2.59 MGD Existing Firm CapacityDecommission Lift Station and 12" Force Main WASHI NGTON COWASHI NGTON COBRAZOS COBRAZOS COBRAZOS CO BRAZOS CO GRIMES CO GRIMES CO Westminster LS Lift Station 2Decommission Lift Station and 8" Force Main Lift Station 3Decommission Lift StationDivert Flow to Lick Creek WWTP Lift Station 4 Mission Ranch LS Castlegate LS Rock Prairie LSDecommission Lift Station and 6-Inch Force Main 15"15"15"15"15"30"10"36"2 4 "30"18"4 8 "24"21"20"18"42"21"15"18"15"18"18 "27"21"15" 8" F.M. 6" F.M.8" F.M.6" F.M.6" F.M.6" F.M.18"18"15" 42" 12" F.M. 3 0 "18"Bryan (F (1 (B (C Lick Creek WWTPTreatment Capacity: 2.0 MGDExpansion to 5 MGDExpansion to 8 MGD (N (5 (M (A 20" F.M. 30"36"36" (3 12"30"18"15"30"3 0 "42"42"42"42"4 8 "54"(G (E (E(I Diversion Lift StationNew 6 MGD Lift Station Eastside LS To A&M Wastewater System 27''3 6''18''12'' 54'' 48'' 42'' 2 4 ''21''18''48''12''12''36'' 54''42' ' 48''18''48''42''48'' 48''36''12'' 5 4 '' 1 8 ''21''24''30''18''18''21''2 4 '' 5 4 " 15" 42"18"2 4 "10"30"21" 12" 1 6 "27"60"10"12" 12" 12"12"15"24"16" 10" 1 5 " 1 5 " 18" 21"12"15"10"18"10"12" 12"12"12"12"24"12"15"18"12"12"21"12"18"18"12"12"12"12"18"16"12"12"12"12"10"12"10"15"12"10"10"10"12"10"12"15"10"10"18"12"15" 18"10"1 2 " 12" 15 "12"12"18"15"18"12"15"10" 1 5 "10"10"12"12" 1 2 "12"30"18"10"12"3 0 "12"18"1 0 "18"12"12"12"10"12"12"12"12" 10"15"12"21 " 21"12"15"15"10"21"2 1 "15"15"10"15"12" 1 2 " 12"12"15"1 0 "18"1 5 " 10" 10" 10"30"15"12"30"12"12"10"27"18"12"10"12" 12"10"1 5 " 18"12"18"12"12"12" 16"12"12"12"10"12"1 2 "10"12"12" 15" 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FIGURE 3-2CITY OF COLLEGE STATIONWASTEWATER IMPACT FEE UPDATE CAPITAL IMPROVEMENTS PLAN !I Created By Freese and Nichols, Inc.Job No.: CCL20771Location: H:\W_WW_PLANNING\01_DELIVERABLES\00_FINAL_REPORT\(Figure_3-2)-WW_ImpactFee_CIP.mxdUpdated: Tuesday, October 19, 2021 11:10:10 AMUser Name: 03812 0 2,750 5,500 SCALE IN FEET LEGEND Ongoing/Recently Completed Improvements Vä Lift Station TXWWTP Wastewater TreatmentPlant Gravity Main Force Main Impact Fee Eligible Improvements Gravity Main Force Main Existing Wastewater System Vä Lift Station TXWWTP Wastewater TreatmentPlant 8" and SmallerWastewater Line 10" and LargerWastewater Line Force Main Road Railroad Stream Lake Wastewater ImpactFee Service Area Brazos County MUD 1 Texas A&M University City Limit ETJ Boundary Other City Limit County Boundary (J ][(1 (F48"4 8 "36''42''5 4 '' 4 8 ''42''42''36''42''42''5 4 ''54''30''36''30''30''15"36"2 4 "3 0 " 12" 10" 2 1 " 18" 1 6 " 12"15"15" 12"10"30"12"10"30"1 5 "12"15"36"12"30" 12" 10"10"30"10" 10" 12" 12" 18" 15"10"12"30"12" 10" 12" 10"12"1 0 " 10" 10" 12"30"1 0 " 18" 12"10"12"10"15" 10" 15" 12"15"1 5 "18"18"24"30" 12" T X - 6 S MILE DRT X -6 N TEXAS AVE S TODD TRL H I L L S I D E D R MORGANS LNAUSTIN AVE H A W K T R E E D R A IR L IN E D R SEBESTA RDCENTRAL PARK LN ANGELINA CIR SANDY CIR HICKORY DR SUMMIT STEM E RAL D P LZCOLGATE CIRRAYBURN CT N FOREST PKWYFARM-TO-MARKET ROAD 2818OAK FORREST A U B U R N C T CARNAT I ON CT YALE CIRBRENTW O O D DR EWALNUT BNDA ZALEA CTDARTMOUTH ST HARVEY MITCHELL PKWY SE A R L R U D D E R F WY S M OSSY OAKAMHERST CIRCYPRESS DR EAST BYPVALLEY VIEW DRBROTHERS BLVDEMERALD PKWY L O N G MIR E D RASHFORD DRCROSS TIMBERS DR EAST BYPTX-6 STX-6 STX-6 NC O LG A TE C IR TX-6 STX-6 NLONGMIRE DRAIRLINE DRTX-6 NEAST BYPHAW K TREE DRTX-6 STX-6 NDARTMOUTH ST TEXAS AVE S AIRLINE DRTX-6 SEARL RUDDER FWY SMOSSY OAK TX-6 NSEBESTA RDAUSTIN AVE8"6"4"8" 8"8"8"8"8"8"6"8"6"6"6 " 6"8"8"8"6"8 "8"8"6"8" 6 " 6"6"6"8"6"6"8"6"8"8 "8"6"8"6"6"8"8" 6" 8" 6" 8"8"6" 6"8"8" 6" 8"6"8"6" 6"6"8"8"6"6"6"8" 8 " 6 "8"8 " 8" 8"6"6" 6" 6 "8"6"6"8" 6"6"8"6" 6"6"8 " 8" 8"8"8 " 6" 8" 8" 8"6"6"6"8"6"6"6"8" 8" 6" 8"6"8"8"6"8"6" 6" 8"8"6"8"8"6 "8"6"6"6"6"8"6"6"6"8"8"6"8" 6"6"6"8"8"6"8"6"8"8"8"6"8"8"6"6"6" 8"8"6"6"6"6"8"8"6" 8 " 8"8"6"8"8" 6" 6" 8"8"6"8"6"6"8"6"6" 8" 8"8"8"6"6"8"6"8"6"6"6"6" 6"6"6"6 "8"6"6" 8"6"6"8"6" 8"6"8"8" 8" 6"6"6"6"8"8"8"8"8" 8" 6" 6"6"6"6"6" 6"8"8 " 6"8"6" 8 " 8"6"8" 8" 6" 6"8"8"8"6"8"8"6"8" 6" 6" 6" 8"6"8"6"6"8"6"6"6"8" 8"6"The timing of projects shown is subject to change based on development patterns.The utility alignments shown in this figure are for illustration purposes onlyand do not set the alignments. The alignment of each utility will be determinedat the time of the engineering design. Page 290 of 299 Roadway Impact Fee Capital Improvement Plan Semi-Annual Impact Fee Report: October 2021 - March 2022 Service Area A From To A-1 4 lane Minor Arterial George Bush Drive E Dominik Drive Harvey Road Widening 2,409,500$ Future A-2 2 lane Major Collector Lassie Lane Sterling Street Manuel Drive Future 860,066$ Future A-3 2 lane Major Collector Dartmouth Street 720' S of Harvey Mitchell Parkway S Texas Avenue S Future 2,423,520$ Future A-4 4 lane Major Arterial - TxDOT Harvey Road SH 6 Northbound Frontage Road Boonville Road Widening 2,509,696$ Future A-5, D-1 4 lane Major Arterial Rock Prairie Road SH 6 Northbound Frontage Road Stonebrook Drive Partial Widening 2,164,000$ In Design A-6, D-2 4 lane Major Arterial Rock Prairie Road Stonebrook Drive Town Lake Drive Widening 5,136,000$ In Design A-7, D-8 4 lane Major Arterial Bird Pond Road Rock Prairie Road 1,055' E of Rock Prairie Road Future 1,758,000$ Future 1 400,000$ Future 2 301,515$ Complete 3 397,476$ Complete Project Status as of March 2022 Harvey Mitchell Parkway S and Dartmouth Street Texas Avenue S and Brothers Boulevard Project Type Project Cost University Drive E and University Towne Center Intersections Project ID Functional Class Project Limits Page 291 of 299 A-4A-6, D-2A-3A-7, D-8A-1 A-5, D-1 A-2 S H 6 TE X A S UNIVERSITYHARVEYBIRD PONDDARTMOUTH SOUTHWESTCO P P E R F I E L D TARROWLASSIEGEORGEBUSHE 3 2 1 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES !INTERSECTION IMPROVEMENT - FUTURE !INTERSECTION IMPROVEMENT - CONSTRUCTED NExhibit 2CIP - Service Area A November 2021 0 10.5 Miles Page 292 of 299 Roadway Impact Fee Capital Improvement Plan Semi-Annual Impact Fee Report: October 2021 - March 2022 Service Area B From To B-1 4 lane Minor Arterial F & B Road 160' E of Turkey Creek Road Harvey Mitchell Parkway S Widening 4,106,520$ Future B-2 4 lane Minor Arterial (1/2)Luther Street W Harvey Mitchell Parkway Jones Butler Road Partial Widening 2,903,600$ Future B-3, C-1 4 lane Minor Arterial Rock Prairie Road W 715' W of Towers Parkway Wellborn Road Widening 4,659,868$ Under Construction B-4, C-2 6 lane Major Arterial Rock Prairie Road Normand Drive SH 6 Constructed 4,017,530$ Complete B-5 2 lane Major Collector Turkey Creek Road 2,775' N of Raymond Stotzer Parkway Westbound Frontage Road Raymond Stotzer Parkway Westbound Frontage Road Widening 3,278,140$ Future B-6 6 lane Major Arterial - TxDOT Harvey Mitchell Parkway S Raymond Stotzer Parkway Wellborn Road Widening 1,407,527$ Under Construction B-7 4 lane Minor Arterial Penberthy Road George Bush Drive Luther Street W Constructed 3,080,683$ Complete B-8 6 lane Major Arterial - TxDOT Wellborn Road George Bush Drive 940' N of Harvey Mitchell Parkway S Partial Widening 1,486,464$ Future B-9 2 lane Major Collector Jones Butler Road Harvey Mitchell Parkway S Holleman Drive S Future 9,652,780$ In Design B-10 4 lane Minor Arterial Holleman Drive S N Dowling Road 290' S of Rock Prairie Road W Constructed 10,631,067$ Complete 3 397,476$ Complete 4 1,190,232$ In Design 5 644,445$ Under Construction 6 4,532,013$ Under Construction 7 572,000$ In Design 8 350,000$ Future Project Status as of March 2022 Intersections Wellborn Road and George Bush Drive Welborn Road and Holleman Drive Wellborn Road and Deacon Drive Holleman Drive W and Jones Butler Road Longmire Drive and Ponderosa Drive Project Type Project Cost Texas Avenue S and Brothers Boulevard Project ID Functional Class Project Limits Page 293 of 299 TE X A S W E L L B O R N HARVEY MITCHELLF & B ROADHOLLEMAN HO P E C R E E K GEORGE BUSHN DOWLINGSOUTHWESTROCK PRAIRIERAYMOND STOTZERS H 6 ROC K P R AIRIEWUNIVERSITYCO L L E G E LUTHERT U R K E Y C R E E K PE N B E R T H Y B-6 B- 1 0 B - 8 B-2B- 5B-1B- 7 B-3, C-1B-4, C-2B-9 8 3 7 6 5 4 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES !INTERSECTION IMPROVEMENT - FUTURE !INTERSECTION IMPROVEMENT - CONSTRUCTED NExhibit 2CIP - Service Area B November 2021 0 10.5 Miles Page 294 of 299 Roadway Impact Fee Capital Improvement Plan Semi-Annual Impact Fee Report: October 2021 - March 2022 Service Area C From To B-3, C-1 4 lane Minor Arterial Rock Prairie Road W 715' W of Towers Parkway Wellborn Road Widening $ 4,659,868 Under Construction B-4, C-2 6 lane Major Arterial Rock Prairie Road Normand Drive SH 6 Constructed $ 4,017,530 Complete C-3 4 lane Minor Arterial Barron Road WS Phillips Parkway Decatur Drive Constructed $ 5,795,317 Complete C-4 4 lane Minor Arterial Capstone Drive 1265' W of Wellborn Road Wellborn Road Future $ 2,765,575 In Design C-5 4 lane Minor Arterial Barron Road Wellborn Road WS Phillips Parkway Widening $ 4,712,977 In Design C-6 4 lane Minor Arterial Greens Prairie Road 820' W OF WS Phillips Parkway Arrington Road Widening $ 10,550,324 Under Construction C-7 4 lane Minor Arterial Greens Prairie Road Wellborn Road 1290' E of Creek Meadow Boulevard N Constructed $ 8,918,795 Complete C-8 4 lane Major Arterial Towers Parkway Rock Prairie Road W Wellborn Road Constructed $ 10,030,680 Future C-9 4 lane Major Arterial - TxDOT Wellborn Road Capstone Drive 540' S of Greens Prairie Road Widening $ 2,407,328 In Design C-10 4 lane Minor Arterial (1/2)WS Phillips Parkway Barron Road Greens Prairie Road Partial Widening $ 5,844,160 Programmed C-11 4 lane Minor Arterial (50%)WS Phillips Parkway Greens Prairie Road Arrington Road Future $ 7,311,480 Future C-12 4 lane Minor Arterial (50%)Royder Road Extension I-GN Road Wellborn Road Future $ 3,360,000 Programmed C-13 4 lane Minor Arterial Royder Road Wellborn Road 885' S of Greens Prairie Road Constructed $ 7,690,299 Complete C-14 2 lane Major Collector Victoria Avenue Southern Plantation Drive William D. Fitch Parkway Constructed $ 1,973,927 Complete 9 350,000$ Future 10 320,994$ Complete 11 350,000$ Programmed 12 350,000$ Programmed 13 350,000$ Future 14 816,249$ Complete Project Status as of March 2022 Intersections Barron Road and Alexandria Avenue Barron Road and Decatur Drive Barron Road and Longmire Drive Longimre Drive and Eagle Avenue William D. Fitch Parkway and Victoria Avenue Project Type Project Cost Graham Road and Victoria Avenue Project ID Functional Class Project Limits Page 295 of 299 SH 6 I-GNWELLBORNBARRONWS P H I L L I P S ARRINGTONGREENS PRAIRIEROCK PRAIRIEWILLIAM D FITCH ROYDER TOWER S CAPSTONE C-9C-6C-3C-1 1 C-7C-1 0 C-8 C-1 3 C-14C-5C-12B-3, C-1B-4, C-2 C-4 9 13 14 12 11 10 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES !INTERSECTION IMPROVEMENT - FUTURE !INTERSECTION IMPROVEMENT - CONSTRUCTED NExhibit 2CIP - Service Area C November 2021 0 10.5 Miles Page 296 of 299 Roadway Impact Fee Capital Improvement Plan Semi-Annual Impact Fee Report: October 2021 - March 2022 Service Area D From To A-5, D-1 4 lane Major Arterial (1/2)Rock Prairie Road SH 6 Northbound Frontage Road Stonebrook Drive Partial Widening $ 2,164,000 In Design A-6, D-2 4 lane Major Arterial Rock Prairie Road Stonebrook Drive Town Lake Drive Widening $ 5,136,000 In Design D-3 4 lane Major Arterial Rock Prairie Road Town Lake Drive William D. Fitch Parkway Widening $ 17,245,000 Future D-4 4 lane Minor Arterial Midtown Drive Medical Avenue 990' E of Medical Avenue Constructed $ 1,028,820 Complete D-5 4 lane Minor Arterial (1/2)Midtown Drive 990' E of Medical Avenue 800' S of Town Lake Drive Partial Widening $ 4,535,000 Future D-6 2 lane Major Collector Midtown Drive 800' S of Town Lake Drive 2605' S of Corporate Parkway Constructed $ 5,374,808 Complete D-7 2 lane Major Collector Durham Drive Midtown Drive Rock Prairie Road Future $ 981,960 Future A-7, D-8 4 lane Major Arterial Bird Pond Road Rock Prairie Road 1055' E of Rock Prairie Road Future $ 1,758,000 Future D-9 4 lane Minor Arterial (50%)Town Lake Drive SH 6 Northbound Frontage Road Midtown Drive Future $ 1,753,000 Partial D-10 2 lane Major Collector Corporate Parkway SH 6 Northbound Frontage Road Midtown Drive Constructed $ 1,436,192 Complete D-11 2 lane Major Collector Corporate Parkway Midtown Drive William D. Fitch Parkway Future $ 9,894,000 Future D-12 4 lane Minor Arterial (1/2)Pebble Creek Parkway Royal Adelade Drive St Andrews Drive Partial Widening $ 2,137,000 Future D-13 4 lane Minor Arterial (50%)Pebble Creek Parkway St Andrews Drive 275' S of Lone Star Lane Future $ 9,181,000 Future D-14 2 lane Major Collector Lakeway Drive 1645' S of Gateway Boulevard SH 6 Northbound Frontage Road Future $ 2,635,080 Future D-15 2 lane Major Collector Mather Parkway Nantucket Drive 1920' S of Nantucket Drive Future $ 882,000 Future D-16 4 lane Minor Arterial (50%)Nantucket Drive SH 6 Northbound Frontage Road Pebble Creek Parkway Future $ 5,877,000 Future D-17 2 lane Major Collector Nantucket Drive Pebble Creek Parkway Southern Pointe Parkway Future $ 3,083,220 Future D-18 4 lane Minor Arterial (50%)Southern Pointe Parkway 205' W of Pipeline Road 280' E of Nantucket Drive Future $ 3,902,000 Future Project Status as of March 2022Project ID Project CostFunctional Class Project Limits Project Type Page 297 of 299 SH 6 ROCK PRAIRI E WILLIAM D FITCHPE B B L E C R E E KBIRD PONDN A N TUCKETC O R P ORATE LAKEWAYTOWNLAKEMI D T O W N D-3 D- 1 3D-16D-6 D-11 D-17 D-1 4 D-18D-7D-5 D-9A-6, D-2 A-7, D-8D- 1 2 D-4 D-15A-5, D-1 D-108 3 6 Legend FUTURE THOROUGHFARE WIDENING PARTIAL WIDENING CONSTRUCTED - EXCESS CAPACITY OTHER THOROUGHFARES !INTERSECTION IMPROVEMENT - FUTURE !INTERSECTION IMPROVEMENT - CONSTRUCTED NExhibit 2CIP - Service Area D November 2021 0 10.5 Miles Page 298 of 299 May 26, 2022 Item No. 12.1. Council Reports on Committees, Boards, and Commissions Sponsor:City Council Reviewed By CBC:City Council Agenda Caption:A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bond Citizens Advisory 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, Census Committee Group, Compensation and Benefits 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.) Budget & Financial Summary: None. Attachments: None Page 299 of 299