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HomeMy WebLinkAbout07/28/2022 - Regular Agenda Packet - City Council College 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 July 28, 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 6:00 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 d. Shana Elliott and Lawrence Kalke v. The City of College Station, et al. e. Robert Danny Clack, II v. The City of College Station, et al. Legal Advice a. Legal Advice regarding the City’s application to change transmission cost of service (TCOS) and wholesale transmission rates before the Public Utility Commission of Texas. 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: Page 1 of 259 City Council Page 2 July 28, 2022 a. Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey Road. 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. Council Self Evaluation 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 of Historic Marker 110 by the Historic Preservation Committee to the Cleere family for their residence at 601 Guernsey Street. Sponsors: HPC Chairperson Gerald Burgner Attachments: None 5.2. Presentation of Historic Marker 111 by the Historic Preservation Committee to the Dupriest family for their residence at 605 Guernsey Street. Sponsors: HPC Chairperson Gerald Burgner 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 regarding branding efforts for College Station. Sponsors: Brian Piscacek Attachments: None Page 2 of 259 City Council Page 3 July 28, 2022 7.2. Presentation, discussion, and possible action regarding public and community uses of College Station City Hall. Sponsors: Barbara Moore Attachments: None 7.3. Presentation, discussion, and possible action regarding a potential 2022 bond election. Sponsors: Bryan Woods 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:  July 12, 2022 Special Meeting  July 14, 2022 Council Meeting  July 18, 2022 Special Meeting  July 19, 2022 Special Meeting Sponsors: Tanya Smith Attachments: 1. SPM071222 DRAFT Minutes 2. CCM071422 DRAFT Minutes 3. SPM071822 DRAFT Minutes 4. SPM071922 DRAFT Minutes 8.2. Presentation, discussion, and possible action on an interlocal government agreement with Brazos County for the conduct and management of the City of College Station General and Special Election that will be held on Tuesday, November 8, 2022. (Presentación, possible acción y discusión un acuerdo interlocal de gobierno con el Condado de Brazos para llevar a cabo y administrar las Elecciones Generales y Especiales de la Ciudad de College Station que se celebrarán el martes 8 de noviembre de 2022.) Sponsors: Tanya Smith Attachments: 1. ILA Election Agr 2022 CS 0703 2. ILA Election Agr 2022 Spanish 0703 8.3. Presentation, discussion, and possible action regarding the second and final renewal of an engineering services contract with Engineering Consultants, Inc. for an annual not-to-exceed amount of $600,000 for electrical engineering services. Sponsors: Timothy Crabb Attachments: 1. 20300596R2 ECI Letter 8.4. Presentation, discussion, and possible action regarding a Community Development Block Grant funding agreement with Catholic Charities of Central Texas in the amount of $140,683 in Community Development Block Grant - CARES Act funds for rent, utilities, and case management through the Brazos Valley Financial Stability Program - COVID 19 for those College Station residents impacted by COVID-19. Sponsors: David Brower Attachments: 1. Attachment - Contract 22300618 Catholic Charities CDBG-CV Funding Page 3 of 259 City Council Page 4 July 28, 2022 8.5. Presentation, discussion, and possible action regarding a second change order to a contract with NewGen Strategies and Solutions, LLC (NewGen), for consulting support with the Transmission Cost of Service (TCOS) study and rate case filing. The recommended change order amount is $30,000, for a total contract amount not to exceed $116,750. Sponsors: Timothy Crabb Attachments: 1. C 21300438 CO2 - NewGen 8.6. Presentation, discussion, and possible action regarding the renewal 1 of a contract with National Field Services, Inc., for Annual Electric Substation Maintenance in the amount of $133,333. Sponsors: Timothy Crabb Attachments: 1. 21300581R1 Nat F Svcs Ltr Attachment 8.7. Presentation, discussion, and possible action on the second reading of a franchise agreement ordinance with Waste Falcon, LLC for the collection of recyclables from commercial businesses and multi-family locations. Sponsors: Emily Fisher Attachments: 1. 22300601 Waste Falcon 8.8. Presentation, discussion, and possible action regarding a professional services contract with Kimley Horn and Associates, Inc. in the amount of $1,371,000 for the Northeast Sewer Trunk Line Phase IV project. Sponsors: Jennifer Cain Attachments: 1. Scope and Fee NETL 4 2. NETLPHIVmap 8.9. Presentation, discussion, and possible action to approve the provision of services by Spherion Staffing LLC (“Spherion”) for Temporary employment Services by approving Letter Amendment No. 1 which amends the annual estimated expenditure amount for the current Renewal 1 contract term with an increase of $90,000. Sponsors: Alison Pond Attachments: 1. 21300395AMD1 8.10. Presentation, discussion, and possible action on a Change Order No. 4 to a construction contract with Elliott Construction, LLC. in the amount of $139,148, for construction services related to the Woodson Village Utility rehabilitation Project. Sponsors: Gary Mechler Attachments: 1. Woodson Village Rehab Project Map 2. Change Order 4 9. Regular Agenda. 9.1. Presentation, discussion, and possible action regarding the Fiscal Year 2023 BVSWMA, Inc. budget. Sponsors: Pete Caler Attachments: 1. BVSWMA FY23 Budget 9.2. Presentation, discussion, and possible action regarding the 2021 Incentive Compliance Report by the Brazos Valley Economic Development Corporation. Sponsors: Natalie Ruiz Page 4 of 259 City Council Page 5 July 28, 2022 Attachments: 1. -- 2021 Compliance Report - BVEDC Board of Directors Presentation 2022-07-21 9.3. Public Hearing, presentation, discussion, and possible action on the City of College Station FY2022-2023 Proposed Budget. Sponsors: Mary Ellen Leonard Attachments: None 9.4. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 5.2 “Residential Dimensional Standards”, and Section 8.3.H.4 “Cluster Development” of the Code of Ordinances of the City of College Station, Texas, regarding cluster developments. Sponsors: Robin Macias Attachments: 1. Ordinance 2. Sec. 5.2. Residential Dimensional Standards Changes 3. Sec. 8.3.H.4 Cluster Developments Changes 9.5. Presentation, discussion, and possible action regarding adoption of a resolution approving a settlement agreement between the City of College Station and Olga S. Kucerak, as Independent Executrix Of The Estate Of Gerry L. Saum, Deceased, and as Independent Administrator Of The Estate Of Susan M. Wood, Deceased (Olga Kucerak), resolving all litigation between the parties, and to provide for the City’s purchase of 102.25 acres of land located generally along N. Dowling Road in South Brazos County, Texas, from Olga Kucerak for a purchase price of $3,578,750. Sponsors: Adam Falco Attachments: 1. Saum Resolution and Settlement Executed by Seller 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. 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 Page 5 of 259 City Council Page 6 July 28, 2022 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 July 22, 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 6 of 259 July 28, 2022 Item No. 5.1. Historic Marker 110 to 601 Guernsey Street Sponsor: HPC Chairperson Gerald Burgner Reviewed By CBC: Historic Preservation Committee Agenda Caption:Presentation of Historic Marker 110 by the Historic Preservation Committee to the Cleere family for their residence at 601 Guernsey Street. Relationship to Strategic Goals:  Good Governance Recommendation(s): Council should receive this presentation. Summary: Requested by HPC Chairperson Gerald Burgner. Budget & Financial Summary: None. Attachments: None Page 7 of 259 July 28, 2022 Item No. 5.2. Historic Marker 110 to 605 Guernsey Street Sponsor: HPC Chairperson Gerald Burgner Reviewed By CBC: Historic Preservation Committee Agenda Caption:Presentation of Historic Marker 111 by the Historic Preservation Committee to the Dupriest family for their residence at 605 Guernsey Street. Relationship to Strategic Goals:  Good Governance Recommendation(s): Council should receive this presentation. Summary: Requested by HPC Chairperson Gerald Burgner. Budget & Financial Summary: None. Attachments: None Page 8 of 259 July 28, 2022 Item No. 7.1. City of College Station Branding Efforts Sponsor: Brian Piscacek, Economic Development Manager Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding branding efforts for College Station. Relationship to Strategic Goals:  Diverse & Growing Economy Recommendation(s): Staff recommend that Council recieve the presentation. Summary: This presentation stems from a request during a May 2022 Council Meeting regarding branding efforts for the City of College Station. Staff will present on such efforts since the establishment of "Visit College Station", review marketing strategies and social engagement, and highlight advertisements in action. Budget & Financial Summary: N/A Attachments: None Page 9 of 259 July 28, 2022 Item No. 7.2. City Hall building uses and policies Sponsor: Barbara Moore, Assistant to the City Manager Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding public and community uses of College Station City Hall. Relationship to Strategic Goals: Good governance; Core Services and Infrastructure Recommendation(s): Staff recommends council receive recommendations for policies and uses for city hall. Summary: Presentation on proposed public and community uses for meeting rooms and spaces at city hall. Budget & Financial Summary: N/A Attachments: None Page 10 of 259 July 28, 2022 Item No. 7.3. Potential 2022 bond election Sponsor: Bryan Woods, City Manager Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a potential 2022 bond election. Relationship to Strategic Goals: Good governance, Financial sustainability Recommendation(s): Summary: Budget & Financial Summary: Attachments: None Page 11 of 259 SPM071222 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JULY 12, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick – via remote John Crompton Linda Harvell Elizabeth Cunha – via remote John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, Interim City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Management Administrator 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 Tuesday, July 12, 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 4:01 p.m. on July 12, 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 Council Self Evaluation 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 4:12 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. Page 12 of 259 SPM071222 Minutes Page 2 5. SPECIAL ITEMS 5.1. Presentation, discussion, and possible action on the FY 2022-2023 Proposed Budget. Mary Ellen Leonard, Director of Finance, presented the proposed FY 2022-2023 budget and noted that budget workshop meetings are scheduled for July 18th, 19th, and 20th to review the proposed budget of $410,091,383, which is 15.8% higher than the approved budge presented in August of 2022. A public hearing is to be scheduled for July 28th, adoption of the budget scheduled for August 11th, and according to the charter, final action on the proposed budget must take place on or before September 27th. City Manager Recommendations Reduce overall tax rate overall to taxpayers by 1.0 cent (1/2 cent on each side of tax rate) Utilize 1.6 cents of increment for O&M recurring needs Utilize 1.5 cents saved in prior year on one-time needs delayed during COVID-19 Increase CPI-U indexed fees and rates by 10% Increase Electric rate by 10% Adjust Pay Plan scale by 5% and include a one-time merit pool for staff Mrs. Leonard provided an overview of the reasoning behind these recommendations in more detail next week during budget workshop, but wanted to provide some context on several matters as council prepares to consider the budget: Property Value Estimate Market Value to Taxable Value Estimate Property Tax Rate Options Recommended Tax Rate Impact of Different Rates on Average Home Sales Tax Trends Page 13 of 259 SPM071222 Minutes Page 3 FY23 CPI-U Increase Key General Fund Service Level Requests Compensation & Benefits Grant Fund Impact General Fund Assigned Fund Balances Tourism – HOT Fund Recent Impacts on the Electric Fund Natural Gas Price Impact on Electric FY23 Rate Recommendations Impact of Rate Increases on Monthly Bill Capital Appropriations by Fund Key Capital Projects Underway Nest Steps 5.2. Presentation, discussion, and possible action on calling a public hearing on the City of College Station FY 2022-2023 Proposed Budget for Thursday July 28, 2022 at 6:00 PM in the City Hall Council Chambers. Mary Ellen Leonard, Director of Finance, informed the Council that state law states that a notice of the public hearing on the budget must be made no less than 10 days prior to the meeting for the public hearing. After the public hearing, the Council may insert or delete items or may increase or decrease items so long as the total of any increases or insertions do not increase the total budget by 3% or more. Staff recommends the City Council call a public hearing on the City of College Station FY 2022-2023 Proposed Budget for Thursday July 28, 2022 at 6:00 PM in the City Hall Council Chambers. 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 call a public hearing on the City of College Station FY 2022-2023 Proposed Budget for Thursday July 28, 2022 at 6:00 PM in the City Hall Council Chambers. The motion carried unanimously. 6. Adjournment. There being no further business, Mayor Mooney adjourned the Special Meeting of the City Council at 4:42 p.m. on Tuesday, July 12, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 14 of 259 CCM071422 Minutes Page 1 The MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JULY 14, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick – absent John Crompton – via remote Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, Interim City Attorney John Haislet, Assistant City Attorney Tanya Smith, City Secretary Lisa McCracken, Records Administrator 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, July 14, 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, §551.072-Real Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:01 p.m. on July 14, 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 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 Page 15 of 259 CCM071422 Minutes Page 2 Shana Elliott and Lawrence Kalke v. The City of College Station, et al. B. Consultation with attorney to receive legal advice; to wit: Legal Advice regarding the City’s application to change transmission cost of service (TCOS) and wholesale transmission rates before the Public Utility Commission of Texas. Legal advice related to a 2016 Economic Development Agreement with Viasat, Inc. Legal advice related to a 2014 Economic Development Agreement with Fujifilm Diosynth Biotechnologies Texas, LLC, f/k/a Kalon Biotherapeutics LLC. C. Deliberation on the purchase, exchange, lease, or value of real property; to wit: Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey Road. Property generally located at the intersection of Texas State Highway 6 and Corporate Parkway. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Attorney City Manager Council Self-Evaluation 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 6:17 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments No one signed up to speak. 6. WORKSHOP ITEMS 6.1. Presentation, discussion, and possible action on alignment options for Corporate Parkway at William D. Fitch and potential impacts to the City’s Thoroughfare Plan in the general area. Emily Fisher, Public Works Director, stated that in 2020, staff engaged consultants to look at various alignment options for Corporate Pkwy (formerly Pebble Creek Pkwy) at its future intersection with William D. Fitch. This presentation was a review of those options and explained the benefits and constraints of each. Page 16 of 259 CCM071422 Minutes Page 3 Phase 1 Options Jason Schubert, Traffic Engineer went through the events of the Thoroughfare Concept: Bryan/College Station Metropolitan Planning Organization (MPO) adopted the 2050 Thoroughfare Concept in June 2017. College Station amended City Thoroughfare Plan in November 2017 to include updates from the MPO concept. At approximately 7:10 p.m., Mayor Mooney opened the item for Citizens Comments. Lloyd Davis, College Station, came before Council on behalf of a group of homeowners in opposition to the proposed plan and to speak on the potential impacts of the City’s thoroughfare plan in the general area. He explained that from the Next 10, the Neighborhood Traffic Management states during the public input process, citizens also expressed concern regarding cut-through traffic within neighborhoods, on-street parking, and access to adequate bicycle facilities and pedestrian. Mr. Davis stated some of the concerns are that tying Corporate Parkway into William D. Fitch will drive more traffic into a busy intersection and negatively impact the quality of life in Pebble Creek. Jennifer Greeley, College Station, came before Council to share that she is not in support of the options for Corporate Parkway at William D. Fitch and potential impacts to the City’s Thoroughfare Plan in the general area. It is her belief that this will destroy the quality of life for the neighborhood, the bicyclists, pedestrians, and others. Brian Bochner, College Station, came before Council to share his opinion that the only real advantage of connecting Corporate Parkway and south Pebble Creek Parkway via Spearman is lower costs. He believes the trade-off for lower cost would be adverse impacts of the Spearman corridor. The preliminary engineering study did not examine effects of the proposal either north or south of the immediate area of the alternative connections, and therefore should be considered incomplete and not suitable to support a change to the connection and the city thoroughfare plan. There being no further comments, Citizens Comments was closed at 7:29 p.m. The Mayor recessed the Workshop at 7:38 p.m. The Workshop reconvened at 7:50 p.m. 6.2. Presentation, discussion, and possible action regarding a presentation on the city's street maintenance plan. Page 17 of 259 CCM071422 Minutes Page 4 Emily Fisher, Public Works Director, stated that the Street Maintenance Division has 19 full time employees and maintains approximately 355.63 roadway centerline miles. The division is responsible for sweeping operations and both minor and major repair operations. Mrs. Fisher explained that there will be a public meeting in February or March on street maintenance. Street Program Overview Pavement Condition Indexing Process Current Pavement Condition Index Historical Cost Association by Maintenance Area Street Maintenance and Capital Program Costs Street Maintenance and Capital Plan At approximately 8:19 p.m., Mayor Mooney opened for Citizens Comments. John Junkins, College Station, came before Council to request that Shady Drive be looked at for repair, he finds the conditions deteriorated. There being no further comments, Citizens Comments was closed at 8:30 p.m. 6.3. Presentation, discussion, and possible action regarding the nonprofit organization Unlimited Potential, as requested by City Council. Jackie Flagg, Unlimited Potential and Kelyn Wardlaw, Executive Director of Unlimited Potential, presented an overview of the history of Unlimited Potential (UP) and statistics of independent living. The organization began under the Voices for Children umbrella in 2014 working with youth ages 16- 24, the UP received designation as its own 501 (c)(3) in May 2018 and narrowed its focus to serve only former foster youth ages 18-25 and currently serves approximately 40 clients as well as their children. Services Offered Case Management/Referrals for services: Page 18 of 259 CCM071422 Minutes Page 5 Job Training, Education, SNAP/TANF/WIC Benefit Applications, Medicaid Assistance, Housing Assistance Mentorship Life Skills Workshops Peer Support In-Office Resources Laundry, Kitchen, Shower, Essentials Closet, Emergency Food Pantry Open access computer lab Counseling Services Limited Transportation They went on to detail the differences a transitional facility could make. Homelessness and instability directly prevent other efforts for independent living. Housing instability and poverty increase the risk of substance abuse, mental health challenges, criminal activity, and other negative behavior. It could also provide an opportunity to provide satellite location for social services to low-income residents in College Station. Dr. Bob Russell explained the timeline of purchase and development to repurpose this location. Council directed staff work with Unlimited Potential on the cost to raze the building and determine if CDBG funds can be used. 6.4. Presentation, discussion, and possible action on a draft policy from the Naming of City Facilities Subcommittee. Councilmember Crompton abstained and left the meeting for this item. Bryan Woods, City Manager, presented this item for Council to discuss a possible policy for the Naming of City Facilities Subcommittee. Council directed staff to bring back a draft policy which includes a requirement for cost information on any potential renaming of facilities. 7. 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. Items 7.2 was pulled from Consent for clarification. (7.2) Emily Fisher, Public Works Director stated this is a ratification of a change order. (7.10) Councilmember Cunha requested this item to be voted on separately. 7.1. Presentation, possible action, and discussion of minutes for: June 21, 2022 Special Meeting June 22, 2022 Special Meeting June 23, 2022 Council Meeting Page 19 of 259 CCM071422 Minutes Page 6 June 29, 2022 Special Meeting 7.2. Presentation, discussion, and possible action regarding a change order for delivery and testing of the Wellborn Road Dynamic Message Sign. 7.3. Presentation, discussion, and possible action regarding Resolution No 07-14-22-7.3 on a local on-system improvement project agreement with the Texas Department of Transportation for the installation of a dynamic message sign on Wellborn Road (FM 2154). 7.4. Presentation, discussion, and possible action regarding the second and last renewal of a professional services contract with McCord Engineering, Inc. for electrical engineering services for an amount not to exceed $600,000. 7.5. Presentation, discussion, and possible action regarding the approval of a contract between the City of College Station and McCord Engineering, Inc. not to exceed the amount of $550,000 for the purpose of engineering design and required deliverables to facilitate the necessary relocation of all City of College Station (COCS) electric facilities in conflict with the State Highway 6 Expansion Project CSJ#1. 7.6. Presentation, discussion, and possible action regarding Ordinance No. 2022-4369 amending Chapter 40, "Utilities," Article III “Electric System,” Division 2 “Rate Schedules,” Section 40- 322 “Electric Rate Schedule TDA (Transmission Delivery Adjustment)” of the Code of Ordinances of the City of College Station, Texas, by amending Section 40-322 “Electric Rate Schedule TDA (Transmission Delivery Adjustment);” providing a severability clause and providing an effective date. 7.7. Presentation, discussion, and possible action on approving annual water meter purchases from Badger Meter, Inc. Based on the current unit pricing, the estimated annual expenditure for water meters is $125,000. 7.8. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Waste Falcon, LLC for the collection of recyclables from commercial businesses and multi-family locations. 7.9. Presentation, discussion, and possible action regarding a professional services contract with Freese and Nichols, Inc. in the amount of $245,510 for preliminary design of the Carters Creek Wastewater Treatment Plant Effluent Filters project. 7.10. Presentation, discussion, and possible action regarding Ordinance No. 2022-4370 consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve the Consent Items with the exception of Item 7.10. The motion carried unanimously. (7.10) MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted five (5) for and one (1) opposed, with Councilmember Cunha voting against, to approve Consent Item 7.10, consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. The motion carried. Page 20 of 259 CCM071422 Minutes Page 7 8. REGULAR ITEMS Mayor Mooney took items out of order; Regular Item 8.4 was taken first. The Mayor recessed the Regular at 9:49 p.m. The Regular reconvened at 9:54 p.m. 8.1. Presentation, discussion, and possible action on Ordinance No. 2022-4371 authorizing the issuance of certificates of obligation, series 2022; delegating the authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to said certificates. Michael Dehaven, Assistant Finance Director, stated the City Council is authorized to approve the issuance of Certificates of Obligation (CO’s) after approving a resolution directing notice to be published of the intent to issue the CO’s. On May 18, 2022, Council approved a resolution directing staff to publish the City’s notice of intent to issue the CO’s, as required by law. On May 24th and May 31st such notices were duly published. Mr. Dehaven stated it is at the recommendation of the City’s Financial Advisor, Ms. Marti Shew with Hilltop Securities, Inc., that the City issue Certificates of Obligation for utility projects rather than Utility Revenue Bonds. This issuance will provide resources for streets, parks, information technology equipment, facilities and electric, water and sewer system improvements, and debt issuance costs. If this ordinance is approved, the City Council will be delegating to the Mayor, the City Manager and the Assistant City Manager/CFO the authority to complete the sale of the certificates, which must be completed by July 14, 2023. Staff Recommended Bid to accept after adoption of the ordinance authorizing issuing Certificates of Obligation with the following terms: MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2022-4371, authorizing the issuance of certificates of obligation, series 2022; delegating the authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to said certificates. The motion carried unanimously. 8.2. Public Hearing, presentation, discussion, and possible action regarding a presentation of the proposed Program Year 2023 Annual Action Plan, Fiscal Year 2023 Community Development Budget, and Substantial Amendment to the 2020 - 2024 Consolidated Plan. Debbie Eller, Community Services Director, stated the City is required to submit a one-year Annual Action Plan describing projects, activities, and budget to be funded with the community development grants received. She clarified that the Annual Action Plan activities must correspond to the 5-Year Consolidated Plan. The total grant funds available next year are $2,750,490 in Community Page 21 of 259 CCM071422 Minutes Page 8 Development Block Grant (CDBG) funds and $994,311 in HOME Investment Partnership Program Grant (HOME) funds. These amounts include carry-over funds from previous years and new year allocation amounts of $1,181,121 in CDBG and $505,465 in HOME funding. Program Year 2022 funding will be available on October 1, 2022. Mrs. Eller went on to explain that CDBG and HOME funds may only be used to: (1) benefit low- and moderate-income persons; (2) aid in the elimination of slum and blighting influences; and/or (3) meet an urgent community need. Further, CDBG funds may be used to meet local needs through a wide range of community development activities, while HOME funds may only be used for affordable housing activities. The Program Year 2022 Annual Action Plan, which includes the Fiscal Year 2023 Community Development budget, must be delivered to HUD no later than August 16, 2022. Therefore, this information is a separate process from the Council's consideration of the overall City budget. At approximately 10:09 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:09 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve the proposed Program Year 2023 Annual Action Plan, Fiscal Year 2023 Community Development Budget, and Substantial Amendment to the 2020 - 2024 Consolidated Plan. The motion carried unanimously. 8.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022- 4372 amending Appendix A , “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from R&D Research and Development to PDD Planned Development District for approximately 6.74 acres located at 400 Technology Parkway, generally located at the end of Technology Parkway east of State Highway 6 South. Anthony Armstrong, Planning and Development, stated that this request is to change the existing zoning from R&D Research and Development to PDD Planned Development District with a base zoning of SC Suburban Commercial and associated Concept Plan on approximately 6.74 acres. The applicant is requesting to add an allowed use to the property of “consumer, small-scale aerial distribution”, while at the same time removing drive through/windows and fuel sales from the allowed uses. The applicant provided additional limitations to vehicle trips and the outdoor operation area, as well as several landscape buffers. Mr. Armstrong stated the base zoning proposal of SC Suburban Commercial is in compliance with the Comprehensive Plan. 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 modification of adding the allowed use of “consumer, small- scale aerial distribution” to the permitted uses on the property. Consumer, small-scale aerial distribution is defined as: the use of drones or similar devices weighing less than 100 pounds on takeoff, including everything that is on board or otherwise attached to the drone, to enable the receipt, storage, and distribution of packages by air. Distribution of consumer packages by land must be limited to 5 trips per day. Sean Cassidy, Director, Safety, Flight Operations & Regulatory Affairs at Amazon Prime Air, came before council representing the applicant and gave a brief overview and history of this project. Page 22 of 259 CCM071422 Minutes Page 9 The Planning and Zoning Commission heard this item at their June 16, 2022, meeting and voted unanimously to recommend approval. Staff also recommends approval of the rezoning. At approximately 11:28 p.m., Mayor Mooney opened the Public Hearing. Billy Hamilton, College Station, came before Council on behalf of the Texas A&M Chancellor in support of the drone use and state what he believes are its positive outcomes for the economy. Robin Murphy, College Station, came before council representing a group of citizens and stated she is generally positive about the use of drones for delivery. She believes delivery drones are an important developing innovation and as one of the first communities to be involved, she thinks College Station has both the responsibility and- through Texas A&M- the expertise to do it right. Steve Parker, College Station, came before Council to state he is not in support of drones at this location because he is unsure of the safety of these particular drones. Karen Gregory, College Station, is in opposition and concerned that her right to privacy and ability to live free of excessive noise will be violated. David McWhirter, College Station, came before Council to state his concerns about Amazon’s unsafe business practices in the warehouses, and the miss treating of their employees. He is skeptical that drones will be operated much differently than warehouses. Alton Rogers, College Station, came to state his concerns related to privacy and quality of life as the drone program grows. Monica Williams, College Station, came before Council to express that she is not in support of the Amazon drones near neighborhoods. She cites safety to area homes and hospitals, schools, increases of noise and reductions in privacy. Patrick Williams, College Station, spoke about his experiences in projects in his professional life and believes that one of the driving forces for choosing this location is because it does not regulate this type of activity. Sandi Wood, College Station, is concerned about the ecological impacts of drones. She went on to state that many homeowners would have their quality of life negatively impacted by this operation. Derek Walton, College Station, stated that the proposed PDD zoning with base zoning of SC Suburban Commercial with the added use of consumer, “small-scale aerial distribution” is not in compliance per the city ordinances nor the Comprehensive Plan. Stuart Lewis, College Station, is opposed to what he considers a small experimental airport next to established neighborhoods. Alex Hernandez, College Station, stated that while he has no reason to believe that Amazon is acting in a malicious manner, they will not have to live with the consequences. He is concerned about safety, privacy, and noise. Phil Beremad, College Station, requested new regulations for drone air traffic and operations before Page 23 of 259 CCM071422 Minutes Page 10 the city council approves the Amazon drone facility rezoning. Denise Snyder, College Station, explained that those living in the drone delivery target zone have not received adequate notice and information and there are no explicit safeguards to protect our community. There being no comments, the Public Hearing was closed at 12:35 a.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Cunha, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2022-4372, amending Appendix A , “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from R&D Research and Development to PDD Planned Development District for approximately 6.74 acres located at 400 Technology Parkway, generally located at the end of Technology Parkway east of State Highway 6 South. The motion carried unanimously. 8.4. Public Hearing, presentation, discussion, and possible action to consider the naming of Lick Creek Nature Center. Councilmember Crompton abstained and left the meeting for this item. Bryan Woods, City Manager, stated that this item was requested by Council and turned it over for discussion. At approximately 9:40 p.m., Mayor Mooney opened the Public Hearing. Don Hellriegel, College Station, came before Council to request Council to consider the naming of Lick Creek Nature Center for Gary Halter in honor of his contributions to the community. There being no comments, the Public Hearing was closed at 9:44 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted four (4) for and one (1) opposed, with Councilmember Cunha voting against and Councilmember Crompton abstaining, to approve the naming of Lick Creek Nature Center to Gary Halter Nature Center. The motion carried. 9. Council Calendar Council reviewed the calendar. 10. 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. Page 24 of 259 CCM071422 Minutes Page 11 Nothing to report. 11. 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) Nothing to report. 12. 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 Harvell requested a report on the Senior Advisory Committee. Councilmember Crompton request a report on the new 988 suicide and crisis help line. Councilmember Maloney requested a report on possible designs at Veterans Park. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 1:30 a.m. on Thursday, July 14, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 25 of 259 SPM071822 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL (BUDGET) MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JULY 18, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick – arrive late via remote John Crompton – via remote Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, Interim City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Council Lunch. 2. Call to Order and Announce a Quorum is Present. (12:00 p.m.) With a quorum present, the Special (Budget) Meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 12:05 p.m. on Monday, July 18, 2022, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session No Executive Session was held. 3. Reconvene from Executive Session and take action, if any. No Executive Session was held. 4. Pledge of Allegiance, Invocation, consider absence request. 5. SPECIAL (BUDGET) ITEMS 5.1. Presentation, discussion, and possible action on the FY 2022-2023 Proposed Budget. Page 26 of 259 SPM071822 Minutes Page 2 Mary Ellen Leonard, Finance Director, provided a review of the proposed FY22-23 budget and citywide budget issues. The proposed FY23 budget is $410,091,383, which is 15.84% higher than the approved budge presented in August of 2022. A public hearing is to be scheduled for July 28th, adoption of the budget scheduled for August 11th, and according to the charter, final action on the proposed budget must take place on or before September 27th. Key decision points include public safety, maintenance needs, capital project planning and funding, compensation and benefits, wastewater rate increase, service level increases to address growth and maintenance needs, and the proposed tax rate. The budget and tax rate are scheduled to be adopted September 26th. FY23 Council Strategic Initiatives: Continue virtual meetings Explore diversifying sources of revenue Explore options for a community recreation center Identify a site and begin design of Fire Station 7 Begin the design of Texas Independence Ballpark Contribute to the HOME Revitalization Project Expand Christmas in College Station Explore options for redeveloping Post Oak Mall and Wolf Pen Creek Park City Manager Recommendations: Reduce overall tax rate by 1.0 cent (1/2 cent on each side of tax rate) Utilize 1.5 cents saved in prior years on public safety needs in FY 23 Reserve 1.6 cents of increment for future O&M needs Increase CPI-U indexed fees and rates by 10% Increase Electric rate by 10% Adjust Pay Plan scale by 4.5/5% and include step increases and a one-time merit pool for non- uniformed staff Mrs. Leonard stated that the organization is combatting the same inflationary forces that we all face as individuals. After COVID and URI impacts, the city now must adjust for significant inflation impacts and since January 2021, the CPI-U has gone up 11.1%. Therefore, providing the same services as in prior year has become more expensive. Page 27 of 259 SPM071822 Minutes Page 3 Discussion of the General Fund will include: Revenue Overview Proposed Property Tax Rate Expense Requests Fund Balance & Future Years Mrs. Leonard stated that the General Fund Revenue is the primary governmental fund of the City of College Station that includes Utility Transfer 14%, Sales Tax 38%, Ad Valorem Taxes 33%, and all other Revenue is 15%. Property Value Estimate Assessed Valuation $15.1 billion (16.8%) % Increase in existing Market Values Year over Year Percentage of Property Value 17.8% Commercial 14.8% Multi-family 22.0% All other including exempt 18.4% Residential 246M New Value Market Value to Taxable Value Estimates Reserve Estimate – FY23 (475,774,504) Est. Total Assessed Value – FY23 $11,690,619,796 (11.5% Change) Overview of Property Tax Rate Options for the Revenue in General Fund $.297203 per $100 at the 3.5% Cap $1,111,000 $.313172 per $100 if Council uses $1.6 cents of increment $2,510,000 $318.176 per $100 at the current rate $2,948,000 $325075 per $100 if Council uses all $2.79 cents of increment $3,552,000 Assumes Reserve increases to Policy of 20% The proposed budget provided options of a tax rate with No-New-Revenue Rate and Voter Approval Rates, but final numbers are not available from Tax Assessor/Collector until August 5, 2022 Page 28 of 259 SPM071822 Minutes Page 4 Current Rate Change Proposed FY23 Debt Service Fund 21.6642 (0.5001)21.1441 General Fund 31.8176 (0.5004 31.3172 Total 53.4618 (1.0005)46.7966 Estimated No New Revenue Rate 51.8885 46.7966 Estimated Voter Approval Rate (before increment use) 56.2519 50.8613 Estimated Voter Approval Rate (after total increment use) 56.2519 53.6516 Mrs. Leonard gave information on the impact of different rates on average home: At 1:45 p.m., the Mayor recessed the Special (Budget) Workshop. The Special (Budget) Workshop reconvened at 1:59 p.m. General Fund – Recurring Expenses Mary Ellen Leonard, Finance Director, gave a brief summary of the operating expenses by function such as Salaries & Benefits (74%), Fixed Costs (10%), Professional & Purchased Services and Supplies (11%) and lastly Replacement Costs (5%). Page 29 of 259 SPM071822 Minutes Page 5 Compensation & Benefits Non-Step Cost of Living Adjustment A 5% scale adjustment has been allotted for all employees that are not uniformed. A one-time expense $1.7M has been allotted for a merit-based bonus pool for non-step employees. Public Safety (Step) Employees Cost of Living Adjustments A 4.5% scale adjustment has been allotted for all step-plan based, (primarily uniformed) employees. In addition, ongoing step pay increases of approximately 2% are received by uniformed employees as earned. Benefits Premiums have increased 15.4% City changed providers to BCBS effective January 2022 Started reducing the TMRS liability No significant changes to Workman’s Comp, Unemployment, or Property Casualty Operating Expenses by Department Key General Fund Service Level Requests Economic Development & Tourism ($108K) Public Communications ($115K) Community Services & Code Enforcement ($16K) Human Resources ($113K) Mayor, City Secretary, and Internal Audit ($72K) City Attorney ($50K) City Manager / Neighborhood Services ($115K) CIP The Deputy and Assistant City Managers presented an overview of the Key General Fund Service Level Requests for each of the departments reporting to them. Page 30 of 259 SPM071822 Minutes Page 6 Police – Total Request of (1.4M) for Northgate Sergeant and vehicle, Northgate Officer and vehicle, IT Technical Services Specialist - Public Safety, Training / Testing / Onboarding Computers, Dispatch Consolettes, AXON consolidation package, Cell Phone / Ticket Writers, and Records Technician. Fire – Total Request of (1.3M) for Deputy Fire Marshal body armor / body cam replacements, Replacement of Wildland PPE, Knox Med Vault replacement, 7 Firefighters and Additional Fulltime Ambulance, Continuity of Operations plan for city, Additional Reserve Ambulance to fleet, and Fire/EMS Regulatory Compliance/Educator. Public Works – Total Request of ($1.1M) for Facility Maintenance – Corrective Increases, Traffic Calming, Signals Bucket Truck, and Markings Maintenance Increase. Parks – Total Request of ($541K) for Athletic Field Laser Grader (2), Workman & Sportstraq Painter, Harper Hawk Sweeper, Park Ranger (2), Trimble Unit, Dump Trailer, Power Wash Trailer O&M, and PTNB Increase. Councilmember Brick arrived the Special (Budget) Meeting at 3:10 p.m. Planning – Total Request of ($350K) for Bicycle, Pedestrian, and Greenways Planner, Comprehensive Plan Implementation - Fiscal and Land Use Analysis, Computer Hardware and Upgrades, Traffic Congestion and Mobility Analysis, and Plan Action Software. IT - Total Request of ($443K) for Cyber Security Analyst, Business Impact Analysis with Business Continuity Plan (BCP) and Disaster Recovery Plan (DRP), Apple iPads Replacement and Management, Office 365 Identity Protection and Management, and Network Monitoring System Aruba Central. Finance and Municipal Court – Total Request of ($256K) for Purchasing Assistant, Grant Accountant, Financial Support Specialist, and Court Technology – Courtroom Trial Recording Equipment. Utility Customer Service – Total Request of ($252K) for UCS - Temporary help for UCS systems installation, UCS - Landscaping and Building Exterior, UCS - Interior remodel - Lobby and Bathroom and UCS - Permanent barriers for drive thru. General Government Bryan Woods, City Manager, spoke on the General Government Strategic Plan, KPI’s and SLA Request to Address Strategic Plan. Description 1x Recurring Total Cost Facility Master Plan - CMO $50,000 $0 $50,000 Long Term Staffing Study - CMO $25,000 $0 $25,000 Community - Staff Event - CMO $0 $40,000 $40,000 Election Equipment and Bond Election - CSO $10,000 $11,000 $21,000 Appreciation Dinner & Lunch - CSO $0 $5,500 $5,500 Code Enforcement Technology – Comm Services $13,800 $2,400 $16,200 Industry Recruitment Strategy – Econ Dev $0 $72,500 $72,500 CRM for Business Recruitment and Retention – Econ Dev $0 $5,500 $5,500 Strategic Marketing Efforts-TAMU Ventures – Econ Dev $30,000 $0 $30,000 Page 31 of 259 SPM071822 Minutes Page 7 Upgrade Recruiting - Staff Resource & Programming - HR $500 $112,600 $113,100 Specialized Audit Expertise - IA $20,000 $20,000 $40,000 Review Contract Forms - Legal $50,000 $0 $50,000 Food & Beverages – Mayor & Council $0 $4,000 $4,000 Training – Mayor & Council $0 $2,000 $2,000 Website Coordinator – Pub Comm $2,700 $97,400 $100,100 Citizen Survey – Pub Comm $15,000 $0 $15,000 Wellness Funding - Activity Room, Staff & Programming (Benefits)$28,600 $152,700 $181,300 DEPARTMENT TOTAL $245,600 $525,600 $771,200 Mary Ellen Leonard, presented an overview of the Grant Fund Impact, which are State Funds - $6.4M, Federal Funds - $29.0M and FY22 Increase in Fund Balance - $17.7M. As well as the the General Fund Unassigned & Reserved Fund Balances ($57.428M) and the General Fund Assigned Fund Balance ($32.1M): General Fund Five Year Forecast At 4:34 p.m., the Mayor recessed the Special (Budget) Workshop. Page 32 of 259 SPM071822 Minutes Page 8 The Special (Budget) Workshop reconvened at 4:46 p.m. CAPITAL BUDGET Mary Ellen Leonard, Finance Director, stated that the proposed Capital Improvements Project Budget for FY23 totals $87.6 million for all funds that include capital projects. This is an increase of approximately $16.2 million increase over the capital budget for FY22 yet reflects some significant capital projects scheduled to be addressed this coming year. Appropriation by Fund Jennifer Prochaska, Assistant City Manager, gave a breakdown of the Key Capital Projects that are underway as follows: Electric ($19.8M) Transmission Distribution Underground System Water ($13.9M) Rehab of Well Pumps & Motors Greens Prairie Water Tower Rehab SH40 Waterline Lincoln Ave Rehab Wastewater ($32.5M) CC Diversion Lift Station NE Sewer Trunkline McCulloch Rehab Southwood Valley Trunkline Hotel Tax ($175K) Equipment Streets ($49.5M) Francis Drive Page 33 of 259 SPM071822 Minutes Page 9 Greens Prairie Road Rock Prairie Road James Parkway & Puryear Drive Facilities & Tech ($5.6M) 1207 Texas Ave. Fuel System Rehab Parks ($19.3M) Texas Independence Ballpark (TIB) Mrs. Prochazka continued with the unfunded CIP by Department 6. Adjournment. There being no further business, Mayor Mooney adjourned the Special (Budget) Meeting of the City Council at 5:42 p.m. on Monday, July 18, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 34 of 259 SPM071922 Minutes Page 1 MINUTES OF THE CITY COUNCIL SPECIAL (BUDGET) MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JULY 19, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick – via remote John Crompton – via remote Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, Interim City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Council Lunch. 2. Call to Order and Announce a Quorum is Present. (12:00 p.m.) With a quorum present, the Special (Budget) Meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 12:03 p.m. on Tuesday, July 19, 2022, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session No Executive Session was held. 3. Reconvene from Executive Session and take action, if any. No Executive Session was held. 4. Pledge of Allegiance, Invocation, consider absence request. 5. SPECIAL (BUDGET) ITEMS 5.1. Presentation, discussion, and possible action on the FY 2022-2023 Proposed Budget. Page 35 of 259 SPM071922 Minutes Page 2 Mary Ellen Leonard, Finance Director, provided a brief overview of the outside agency funding requests and the amount of funding received by each agency depends on Council direction and the availability of funds. Agencies are funded by the General Fund, Community Development Fund, Hotel Tax Fund, and Solid Waste Fund. Contract Partners have been identified based on their economic impact and the community services provided to the City. The Contract Partner agencies are Brazos Valley Economic Development Corporation (BVEDC) and Arts Council of the Brazos Valley (ACBV). Department Budget Agencies are agencies whose work directly supports the goals of a City Department. OUTSIDE AGENCY FUNDING Requests from the General Fund amounted for the following: Agencies with No Requested Increase: Arts Council ($35,000) BV Economic Development Corporation ($350,000) Keep Brazos Beautiful / Solid Waste Fund ($46,730) Noon Lions Club ($16,500) Brazos County Health District ($350,000) Amber Alert Network Brazos Valley ($5,000) Agencies with Requested Increase: Aggieland Humane Society ($276,000) $14,400 increase to cover increase in property repairs and maintenance. Brazos County Appraisal District ($576,000) $75,801 increase for City’s estimate of anticipated increases in operating expenditures. HOTEL TAX FUND AGENCY FUNDING Agencies with No Requested Increase: B/CS Chamber of Commerce ($25,000) Veterans Memorial ($30,000) Page 36 of 259 SPM071922 Minutes Page 3 Arts Council Marketing / Public Art Support ($35,500) Arts Council Operations and Maintenance / New Facility ($98,200) Agencies with Requested Increase: Arts Council Affiliate Funding ($375,300) Hotel Tax funded affiliate funding and operations and maintenance $46,000 to assist in the rebuilding of the local arts and return to full programming and grant distribution. United Way request funding of $10,000 to provide rides to citizens for doctor appointments and other appointments they cannot make because of expense and no transportation. At 1:23 p.m., the Mayor recessed the Special (Budget) Workshop. The Special (Budget) Workshop reconvened at 1:35 p.m Mrs. Leonard opened up an overview and discussion regarding the Utility funds. Utility Funds ENTERPRISE Electric Fund: Response to Winter Storm URI – cost of $48,343,000 Due to reduced fund balance post Winter Storm Uri and more increases in Purchase Power costs, the City is not budgeting an FY23 Electric Risk Mitigation Fund transfer. Cost per meter absorbed by the city $1,120 Power Supply Replacement Cost = $13,665,000 Ancillary Costs = $34,678,000 The are future Legislative changes. o ERCOT rules are subject to change by Governor and / or TX Legislature. Natural gas price. o Raw Material used by plants is at an all-time high. Material / Labor Inflation. o Transformer o Specialized equipment o Labor shortages Jeff Capps, Deputy City Manager, provided an overview of the SLAs for Electric. Service Level Adjustments ($620,500) Vacuum Truck for Transmission and Distribution Dump Trailer  Vehicle for Relays (Equinox equivalent) Funding Source Residential 49.09% Other Revenue 4.51% Fines and Penalties 1.02% Transmission Delivery Adjustment 12.20% Commercial 33.18% Future Years Page 37 of 259 SPM071922 Minutes Page 4 Forecast developed in 2022 – future years are subject to change based on the facts and circumstances at the time of analysis. The forecast currently does not include any rate changed beyond the proposed FY23 increase but the forecast does include potential TDA adjustments based on expected transmission costs. Water / Wastewater Capital SLA’s: Water Services ($471,000) Service Truck - Water Production Emergency Fuel Trailer Pipe Cutting Equipment Backhoe with Breaker Attachment Environmental Compliance Coordinator LCWWTP Screenings and Grit Annual Hauling Solid Waste ($820,400) Residential Rear-loader Truck + Crew Solid Waste Supervisor & Truck Annual replacement of 2 roll-off containers Adopt A Street Supplies - Solid Waste At 3:13 p.m., the Mayor recessed the Special (Budget) Workshop. The Special (Budget) Workshop reconvened at 3:25 p.m. Jeff Kersten, Assistant City Manager, provided an overview of the Roadway Maintenance Fee Fund and noted that the full summary is in the proposed FY22-23 proposed budget. Roadway Maintenance Drainage SLA ($68,000) Slope Mower Drainage Utility Projects The City funds drainage projects via drainage revenue paid by residential and commercial customers for FY23, drainage capital appropriations total $1,266,500 for the following projects: Minor drainage improvements that cover unscheduled/emergency projects Replacement of the culvert at John Milliff Road and Redmond Drive and associated creek bank stabilization Replacement of the storm drain and culvert end treatments at University Oaks and Stallings FY23 Rate Recommendations - with the increase in inflation, fees and other revenues must go up to cover costs. Certain fees have been tied to the CPI-U in the fee resolution and the CPI-U increase thru May 2022 is 10%. Rates Tied to CPI: Solid Waste, Roadway Maintenance and Drainage. Other Adjustments: Electric Rates will increase 10%. Rate increases are NOT proposed for Water or Wastewater Services. Impact of Rate Increases on Monthly Bill Page 38 of 259 SPM071922 Minutes Page 5 Jennifer Prochaska, Assistant City Manager provided a brief overview of the Northgate Parking and Community Development. Other Enterprise / Grant Funds Northgate Parking ($177,900) Northgate Surface Parking Lot Management System High-visibility Crosswalk Markings Channelizing Intersection at Wellborn and Church Northgate District Coordinator/Code Enforcement Officer Community Development Community Development Analyst HOT Tax Funds Jeff Kersten, Assistant City Manager, stated that this tax allows the city to collect up to its current tax rate of 7% on rental income of hotels and motels within the city limits. In accordance with Chapter 351 of the Tax Code, expenditures from this fund must directly enhance and promote tourism and the hotel industry in the City. Additions to the FY23 budget are from the Tourism Division and include an increase of three FTEs and parttime non-benefitted staff to help administer large events. There are also increases to help service sports and Christmas events in the city. In FY22, the city reexamined KPIs that are historically collected and began the process of assuring that they could be more succinctly focused on priorities of the City’s strategic plan. Residential Current Residential (w/Rate Increase) Difference Multi- Family Current Multi-Family (w/ Rate Increase) Difference Electric (usage + svc chg.) $93.10 $101.71 $8.61 $93.10 $101.71 $8.61 Electric (PDA) 11.17 13.25 2.07 11.17 13.25 2.07 Water 26.15 26.15 - - - - Drainage 6.10 6.71 0.61 2.80 3.08 0.28 Sanitation 16.80 18.48 1.68 7.80 8.58 0.78 Roadway 8.30 9.13 0.83 6.50 7.15 0.65 Sewer 25.55 25.55 0 27.09 27.09 0 AVERAGE BILL $187.18 $200.98 $13.81 $148.47 $160.86 $12.40 Page 39 of 259 SPM071922 Minutes Page 6 Tourism – HOT Fund SLA’s ($683,900) Economic Development and Tourism Staff Assistant Tourism PTNB Staff Convention Sales Coordinator Sports Servicing Sports Sales Coordinator Servicing Commitments for Tourism Events Christmas in College Station HOT Fund Five Year Forecast . Fee Resolution Mary Ellen Leonard, Finance Director, gave a brief overview of the proposed changes to the Ordinance & Policy will enable the City to achieve a long-term stable and positive financial condition. The watchwords of the City’s financial management include integrity, prudent stewardship, planning, Page 40 of 259 SPM071922 Minutes Page 7 accountability, and full disclosure. The more specific purpose is to provide guidelines regarding the City’s day-to-day financial affairs and in developing recommendations to the City Manager and City Council. Ordinance Revision to Part 4 to exercise, approve, and execute all contract renewals options subject to sufficient budgeted funds. o Purpose – to minimize supply chain issues for renewals by reducing authorization time Fiscal and Budgetary Policy Statements. 2.8 Contingent Appropriation – wording clarification that contingency within a fund is an accounting item. o Purpose – clarify policy related to accounting journal entry. 3.8 Utility General Fund Transfers –still under review. 17.1 Operating Reserves / Fund Balances – General Fund – increase the General Fund reserve percentage from 18% to 20%. o Purpose – increase the reserve percentage for financial sustainability. Mrs. Leonard explained the services associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible. There will be a review of fees and charges no less than once every three years to ensure that fees provide adequate coverage of costs of services. User charges may be classified as “full cost recovery,” “partial cost recovery I,” “partial cost recovery II” and “minimal cost recovery,” based upon City Council policy. Full fee support (80‐100%) will be obtained from enterprise operations such as utilities, solid waste service, landfill, cemetery, and licenses and permits. Partial fee support I (50‐80%) will be generated by charges for emergency medical services, miscellaneous licenses and fines, and all adults’ sports programs. Partial fee support II (20%‐50%) will be generated by charges for youth programs and activities. Minimum fee support (0‐20%) will be obtained from other parks, recreational and cultural programs and activities. Fees below are adjusted annually based upon the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. Index adjustments cannot fall below zero. The CPI- U increase thru May 2022 is 10%. Rates tied to CPI – Licenses and Permits; Solid Waste; Roadway Maintenance; and Drainage Full Fee Support – Manuel Adjustment – Electric Rates will increase 10%; Garage fees to go up comparable to A&M Garages; and Cemetery & Parks fees increased to cover costs. Parks and Recreation Cost Recovery Continuum Mrs. Leonard explained that user prices are determined by establishing the aggregate cost associated with each service or program. These categories are reviewed every 3‐5 years by City Management. The actual cost recovery is recorded each fiscal year as staff considers necessary adjustments and establishes performance benchmarks. Financial barriers will be addressed thru scholarships, work programs and financial assistance Minimum Cost Recovery ‐ 0% to 25% (i.e. – Playgrounds, Parks, Greenways and Trails) Low‐Cost Recovery – 26% to 50% (i.e. – Youth Based Programs and Services) Medium‐Cost Recovery – 51% to 75% (i.e. – Adult based Programs and Services) Page 41 of 259 SPM071922 Minutes Page 8 • High‐Cost Recovery – 76% to 100% (Enterprise Operations, cemetery, License/Permits) Closing Bryan Woods, City Manager, reviewed the direction Council provided as follows: • Include a list of sponsorships in the budget • Provide Council with a presentation on Electric, Water, and Wastewater supply • Provide Council with a history of the Street Maintenance fund • Various forms of public education about utility bills • Provide Council with the cost of Rental Registration • Budget Book will include Hotel Occupancy Tax and add Short Term Rentals • Solid Waste Fees/ trash cans will stay the same • Provide Council with information on interactive features at Veterans Park Memorial Trail • Provide Council with a report on litter in Wolf Pen Creek Park. • Provide Council with a report on the feasibility of city services using electric vehicles • Revise language for Parks Department fees (pages 21 and 27 of proposed budget) • Bird Blind funding in the amount of $150,000 • Possible options for rehabilitation of Shady Drive 6. Adjournment. There being no further business, Mayor Mooney adjourned the Special (Budget) Meeting of the City Council at 5:37 p.m. on Tuesday, July 19, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary July 28, 2022 Item No. 8.2. ILA with Brazos County for Election Services (Acuerdo Interlocal con el Condado de Brazos para los Servicios de Elecciones) Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on an interlocal government agreement with Brazos County for the conduct and management of the City of College Station General and Special Election that will be held on Tuesday, November 8, 2022. (Presentación, possible acción y discusión un acuerdo interlocal de gobierno con el Condado de Brazos para llevar a cabo y administrar las Elecciones Generales y Especiales de la Ciudad de College Station que se celebrarán el martes 8 de noviembre de 2022.) Relationship to Strategic Goals:  Good Governance (buen gobierno) Recommendation(s): (Recomendación): Approve as presented to the City Council. (Aprobar en cuanto sea presentado ante el Consejo de la Ciudad.) Summary: (Resumen): A General and Special Election will be held on November 8, 2022 for the purpose of electing a Mayor, City Council Member Place 1, a City Council Member Place 2, and to fill a vacancy for City Council Member Place 5 for an unexpired 3 year term. (Se celebrarán Elecciones Generales y Especiales el 8 de noviembre de 2022 para el propósito de elegir un Alcalde, un Miembro del Consejo Municipal Puesto No. 1, un Miembro del Consejo Municipal Puesto No. 2, y llenar una vacante para el Miembro del Consejo Municipal Puesto No. 5 por un período no vencido de 3 años.) Budget & Financial Summary: (Presupuesto y Resumen Financiero): The Election Administrator provided a conservative estimate of $95,000 for this year’s election. The cost will be split among the entities on the ballot. This does not include the cost to publish the Notice of Election. The Notice must be published in English and Spanish and must appear in The Eagle and La Voz. (El Administrador Electoral proporcionó una estimación conservadora de $95,000 para las elecciones de este año. El costo se dividirá entre las entidades indicadas en la boleta de votación. Este cálculo no incluye el costo de publicar la Notificación de las Elecciones. La Notificación deberá ser publicada en inglés y en español y deberá aparecer en los periódicos The Eagle y La Voz.) Attachments: 1. ILA Election Agr 2022 CS 0703 2. ILA Election Agr 2022 Spanish 0703 Page 43 of 259 INTERLOCAL GOVERNMENT AGREEMENT Joint Election This agreement is made this 28 day of July, 2022, by and between Brazos County (“the County”) and the City of College Station (“the City”). WHEREAS, Brazos County will conduct general and special elections on Tuesday, November 8, 2022; and WHEREAS, the City of College Station will call for the general and special municipal elections to be held within the city limits of College Station, Texas, on November 8, 2022; and WHEREAS, Brazos County, the City of College Station, and others will hold elections on the same day; and WHEREAS, the parties to this agreement desire that a joint election be held that is cost effective and convenient for the voters of the entities; NOW, THEREFORE, IT IS AGREED that a joint election will be held by the County and the City under the following terms and conditions, and the parties hereto agree with said conditions: 1. That there shall be one ballot that contains all appropriate races and propositions available for qualified voters of the two entities. 2. That there shall be one set of voting equipment to be used at the common polling places. 3. That election forms be used and records be maintained in a manner convenient and adequate to record and report the results of the election for the County and the City. 4. That the joint tabulation of the precinct results shall be in a manner to facilitate the independent canvass of returns by the two entities. 5. That each entity shall be responsible for the preparation, publication and Spanish translations of its own Notice of Election and Order of Election. 6. That the implementation, conduct and management of said election shall be by the Brazos County Elections Administrator. The Brazos County Elections Administrator is hereby designated as the Chief Election Official and Early Voting Clerk for the four entities for the elections to be held on November 8, 2022. The implementation, conduct and management of the election shall include, but not be limited to: A. The securing of qualified individuals to serve as election judges for each polling place. B. The securing of locations and facilities where the election is to be conducted. C. The securing of the election materials and supplies requisite to the proper administration of the election, and the programming and preparation of DRE voting equipment to be used in the election. D. The securing of a contract with an independent, qualified contractor for election services and supplies. Page 44 of 259 E. The Brazos County Elections Administrator will be responsible for the conduct of joint early voting by personal appearance and by mail, with the City Secretary serving as Joint Early Voting Clerk. 7. The amount to be paid by the City to the County for services rendered by the County in the November 8, 2022, election is: A. Brazos County will first fund all costs in full, other than the publication of each entity’s Notice of Election. B. The City of College Station will reimburse the County for certain costs as follows: 1. One-fifth (1/5) the cost for payment of the early voting election workers. 2. One-fifth (1/5) the cost paid to an independent, qualified contractor for election services and supplies. 3. Each entity shall fund one-fifth (1/5) the expenses of the election day polling places at vote centers as approved by the Secretary of State’s Office. 4. One-fifth (1/5) of the cost of publication for all jointly required notices. 5. The cost of rental of two (2) DRE voting equipment used in the precinct in which the City has items appearing on the ballot for that precinct. 6. One-fifth (1/5) the cost of the Early Ballot Board, Central Counting Station, the tabulation supervisor, and data processing manager. 7. Administrative fee of 10% for the City’s portion of expenses as allowed in the Texas Election Code. 8. Should any of the five governmental entities that hold elections on the uniform election date (Brazos County, City of College Station, City of Bryan, Bryan ISD, College Station ISD) cancel all or part of their elections, then the distribution of expenses above shall be prorated accordingly. 9. The financial obligations of the parties under this agreement are payable from current revenues of the respective parties. 10. That the undersigned are the duly authorized representatives of the parties’ governing bodies, and their signatures represent adoption and acceptance of the terms and conditions of this agreement. APPROVED AND AGREED this 28 day of July, 2022. BRAZOS COUNTY _________________________________________ Trudy Hancock, Elections Administrator Page 45 of 259 CITY OF COLLEGE STATION ______________________________________ ______________________________________ Mayor City Attorney Attest: ______________________________________ City Secretary Page 46 of 259 ACUERDO DE GOBIERNO INTERLOCAL Elecciones Conjuntas El presente acuerdo se realiza el 28 día de julio de 2022, por y entre el Condado de Brazos (“el Condado”) y la Ciudad de College Station (“la Ciudad”). CONSIDERANDO, que el Condado de Brazos convocará elecciones generales y especiales el martes 8 de noviembre de 2022; y CONSIDERANDO, que la Ciudad de College Station convocará elecciones municipales generales y especiales que se celebrarán dentro de los límites de la ciudad de College Station, Texas, el 8 de noviembre de 2022; y CONSIDERANDO, que el Condado de Brazos, la Ciudad de College Station y otros celebrarán elecciones el mismo día, y CONSIDERANDO, que las partes de este acuerdo desean que se celebren elecciones conjuntas que sean rentables y convenientes para los votantes de estas entidades; AHORA, POR LO TANTO, SE ACUERDA que se celebrarán elecciones conjuntas por el Condado y la Ciudad bajo los siguientes términos y condiciones y que las partes aquí presentes están de acuerdo con dichas condiciones: 1. Que habrá una boleta que contenga todas las nominaciones apropiadas y las propuestas disponibles para los votantes calificados de las dos entidades. 2. Que habrá un juego de equipo de votaciones para ser utilizado en los sitios de votaciones comunes. 3. Que los formularios utilizados y los registros se mantengan de manera conveniente y adecuada para anotar y reportar los resultados de las elecciones para el Condado y para la Ciudad. 4. Que la tabulación conjunta de los resultados del distrito electoral se hará de manera que facilite el escrutinio independiente de los votos emitidos para las dos entidades. 5. Que cada entidad será responsable de la preparación, publicación y traducción al idioma español de sus propios documentos denominados Notificación de Elecciones y Orden de Elecciones. 6. Que la implementación, realización y manejo de dichas elecciones será dirigida por el Administrador de Elecciones del Condado de Brazos. El Administrador de Elecciones del Condado de Brazos es nombrado, por el presente acuerdo, como el Oficial Encargado de las Elecciones y el Oficial de las Elecciones Tempranas para las cuatro entidades, para las elecciones a celebrarse el 8 de noviembre de 2022. La implementación, realización y manejo de las elecciones incluirá, pero no se limitará a lo siguiente: A. Conseguir individuos calificados para servir como jueces de las elecciones para cada centro de votaciones. Page 47 of 259 B. Conseguir los lugares y las instalaciones donde se realizarán las elecciones. C. Conseguir los materiales para las elecciones y demás materiales requeridos para administrar apropiadamente las elecciones; y la programación y preparación del equipo de votaciones DRE a ser utilizado en las elecciones. D. Conseguir un contrato con un contratista independiente y calificado para los servicios y materiales necesarios para las elecciones. E. El Administrador de Elecciones del Condado de Brazos será el responsable de dirigir las votaciones tempranas en persona y por correo, en donde la secretaria de la Ciudad servirá como funcionaria de Votaciones Tempranas Conjuntas. 7. La cantidad que la Ciudad le deberá pagar al Condado por servicios ofrecidos por el Condado en las elecciones del 8 de noviembre de 2022 se menciona a continuación: A. El Condado de Brazos primero pondrá todos los fondos para cubrir los gastos menos la publicación de la Notificación de Elecciones que deberá hacer cada entidad. B. La Ciudad de College Station le reembolsará al Condado ciertos costos como se detallan a continuación: Secre 1. Un quinto (1/5) del costo del pago a los empleados de las elecciones tempranas. 2. Un quinto (1/5) del costo pagado al contratista independiente y calificado por materiales y servicios prestados para las elecciones. 3. Cada entidad proporcionará un quinto (1/5) de los fondos para los gastos de los centros de votaciones el día de las elecciones, aprobado previamente por la Oficina de la Secretaría de Estado. 4. Un quinto (1/5) del costo de publicación de todas las notificaciones conjuntas necesarias. 5. El costo de alquiler de dos (2) equipos para votaciones DRE utilizados en los distritos electorales en donde la Ciudad tiene secciones que aparecen en la boleta para ese distrito. 6. Un quinto (1/5) del costo del pago remunerado de la Junta de Boleta de Elecciones Tempranas, de la Estación Central de Conteo, del supervisor de tabulación y del gerente de procesamiento de datos. 7. La cuota administrativa del 10% de los gastos pertenecientes a la porción de la Ciudad, como lo permite el Código de Elecciones de Texas. Page 48 of 259 8. Si alguna de las cinco entidades gubernamentales que celebra elecciones en la fecha de elecciones uniforme (Condado de Brazos, Ciudad de Bryan, Ciudad de College Station, Distrito Escolar Independiente de Bryan, Distrito Escolar Independiente de College Station) cancela todas o partes de sus elecciones, entonces la distribución de los gastos mencionados anteriormente se prorrateará como corresponde. 9. Las obligaciones financieras de las partes bajo este acuerdo se pagarán de los ingresos actuales de las partes respectivas. 10. Que los individuos que suscriben a continuación son representantes debidamente autorizados de los consejos administrativos correspondientes, y que sus firmas representan la adopción y aceptación de los términos y condiciones de este acuerdo. APROBADO Y ACORDADO este día 28 del mes de julio de 2022. CONDADO DE BRAZOS _________________________________________ Trudy Hancock, Administradora de las Elecciones CIUDAD DE COLLEGE STATION _____________________________________ ______________________________________ Alcalde Abogado de la Ciudad Doy fe: ______________________________________ Secretaria de la Ciudad Page 49 of 259 July 28, 2022 Item No. 8.3. Engineering Services Contract Renewal with Electrical Consultants, Inc. Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption:Presentation, discussion, and possible action regarding the second and final renewal of an engineering services contract with Engineering Consultants, Inc. for an annual not-to- exceed amount of $600,000 for electrical engineering services. Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends Council approve Renewal 2 for Contract 20300596 with Electrical Consultants, Inc. Summary: This is the final of two possible renewals with an annual not-to-exceed amount of $600,000. This engineering services contract is for supplemental engineering and design support for transmission and substation capital projects including substation improvements, relay settings coordination, and transmission line studies. Budget & Financial Summary: Funds are available as approved in the Electric Utility’s annual Capital Improvement Projects budget. Attachments: 1. 20300596R2 ECI Letter Page 50 of 259 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov June 10, 2022 ATTN: Mr. Bob Beckage Electric Consultants Inc. 5113 Southwest Parkway STE 115 Austin, TX 77034 RE: RFP#20-043 C#20300596 Renewal #2 Electrical Engineering Consulting Services Dear Mr. Beckage, The City of College Station appreciates the services provided by Electric Consultants Inc., this last year. We would like to exercise our option to renew the above referenced agreement for the term of August 14, 2022, through August 13, 2023, with a contract amount of Six-Hundred Thousand, and 00/100 Dollars ($600,000.00). This is the second and last renewal for this contract. If this contract renewal meets your company’s approval, please provide your confirmation for renewal via return e-mail to rforsyth@cstx.gov., no later than June 20, 2022. Attachment Page 51 of 259 CONTRACT #20300596 RENEWAL #2 ACCEPTANCE By signing herewith, I acknowledge and agree to Contract #20300596 Renewal #2, for “Engineering Services for College Station Utilities” in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed Six-Hundred Thousand, and 00/100 Dollars ($600,000). I understand this renewal term will be for the period beginning August 14, 2022, through August 13, 2023. This is the second and last renewal for this contract. ELECTRIC CONSULTANTS, INC. CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ Page 52 of 259 Local Office: 3521 Gabel Road Billings, MT 59102 Phone: 406.259.9933 Fax: 406.259.3441 CORPORATE OFFICE: 3521 GABEL ROAD, BILLINGS, MT 59102 • P: 406.259.9933 • F: 406.259.1164 • www.eciusa.com • Offices Nationwide • O:\Proposal\Cost Estimates\Engineering Rates\2022\2022-M.docx 2022 RATE SCHEDULE (Rates are valid for the period of January 1 through December 31, 2022) Category/Position Hourly Rate Engineering / Management Senior Project Manager II .................................................................... $254 Senior Project Manager 1 .................................................................... $212 Project Manager II ............................................................................... $189 Project Manager I................................................................................. $171 Environmental Project Manager II ...................................................... $168 Environmental Project Manager I ........................................................ $135 Senior Engineer II ................................................................................ $213 Senior Engineer I ................................................................................. $184 Senior Project Supervisor .................................................................... $177 Project Supervisor ................................................................................ $135 Project Engineer II ............................................................................... $155 Project Engineer I ................................................................................ $148 Associate Engineer II ........................................................................... $152 Associate Engineer I ............................................................................ $145 Design Engineer III .............................................................................. $128 Design Engineer II ............................................................................... $119 Design Engineer I ................................................................................ $112 Senior Designer II ................................................................................ $152 Senior Designer I ................................................................................. $143 Designer III .......................................................................................... $126 Designer II ........................................................................................... $110 Designer I ............................................................................................... $93 Program Management / Support Staff Project Controls Coordinator ............................................................... $197 Project Controls Specialist III .............................................................. $152 Project Controls Specialist II ............................................................... $119 Project Controls Specialist I ................................................................ $101 Senior Drafter II ................................................................................... $109 Senior Drafter I .................................................................................... $106 Drafter III ............................................................................................... $96 Drafter II ................................................................................................ $94 Drafter I.................................................................................................. $82 Administrative – Executive ................................................................. $123 Administrative Assistant ........................................................................ $80 Page 53 of 259 2022 Rates Page 2 of 2 Survey / Real Estate Senior Surveyor ................................................................................... $164 Surveyor II ........................................................................................... $133 Surveyor I ............................................................................................ $111 Survey Technician II .............................................................................. $92 Survey Technician I ............................................................................... $70 Senior Real Estate Specialist ............................................................... $156 Real Estate Specialist II ....................................................................... $132 Real Estate Specialist I .......................................................................... $88 Construction / Field Testing Senior P&C Technician ....................................................................... $213 P&C Technician ................................................................................... $149 Construction Project Manager ............................................................. $204 Field Construction Manager ................................................................ $197 Technician III/Inspector III .................................................................. $147 Technician II/Inspector II .................................................................... $127 Technician I/Inspector I ......................................................................... $84 Safety Specialist ................................................................................... $148 Corporate Project Management / Technical Oversight Principal ............................................................................................... $262 Director/PhD ........................................................................................ $262 Page 54 of 259 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 6/13/2022 (406) 238-1986 35289 Electrical Consultants, Inc. 3521 Gabel Road Billings, MT 59102-7307 20494 33600 20443 A 1,000,000 X X 6015980113 11/1/2021 11/1/2022 300,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X X 6014516577 11/1/2021 11/1/2022 C X WC5Z91473113011 7/1/2021 7/1/2022 1,000,000 1,000,000 1,000,000 D Professional Liabili X AEH114043145 9/10/2021 Each Claim/Aggregate 10,000,000 RE: Contract #20300596 Policy #WC5Z91473113011 Cov 3A States AK AR AZ CA CO FL GA HI IA ID IL IN KS LA ME MI MN MO MS MT NC NE NH NJ NM NV NY OK OR PA SD TN TX UT VA VT WI WV Cov 3C All States Except ND OH WA WY and those States Listed in 3A See next page for additional policies information (if applicable): SEE ATTACHED ACORD 101 City of College Station 1101 Texas Ave. College Station, TX 77840 ELECCON-05 RDYER Billings Office PayneWest Insurance, a Marsh McLennan Agency LLC Company P.O. Box 30638 Billings, MT 59107-0638 Renee Dyer rdyer@paynewest.com Continental Insurance Company Transportation Insurance Company LM Insurance Corporation Continental Casualty Company TX X 9/10/2022 X X X X X Page 55 of 259 FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Billings Office ELECCON-05 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 0 SEE P 1 Electrical Consultants, Inc. 3521 Gabel Road Billings, MT 59102-7307 SEE PAGE 1 RDYER 1 Description of Operations/Locations/Vehicles: Professional Liability Coverage information: Claims-made Coverage. Deductible per claim including claim expenses $750,000 Retro Active Date: 09/10/98 Policy Number: AEH114043145 Blanket Primary & Non-Contributory Additional Insured/Waiver of Subrogation form CNA74705XX Blanket Additional Insured-Owners, Lessees or Contractors-with Products-Completed Operations Coverage form CNA75079XX Blanket 30 Day Notice of Cancellation CNA74658XX Auto Additional Insured form SCA23500 Auto Waiver of Subrogation form CA0444 Auto Primary & Non-Contributory Additional Insured form CNA71527XX TX Blanket Workers Compensation Waiver of Subrogation form WC420304B Professional Waiver of Subrogation/Primary Insurance form CNA79034XX 04 20 Professional Blanket 30 Day Notice of Cancellation 10 for Non-Pay form CNA83699XX 11 15 Page 56 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows.If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1.Additional Insureds 2.Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3.Bodily Injury –Expanded Definition 4.Broad Knowledge of Occurrence/Notice of Occurrence 5.Broad Named Insured 6.Broadened Liability Coverage For Damage To Your Product And Your Work 7.Contractual Liability -Railroads 8.Electronic Data Liability 9.Estates,Legal Representatives and Spouses 10.Expected Or Intended Injury –Exception for Reasonable Force 11.General Aggregate Limits of Insurance –Per Project 12.In Rem Actions 13.Incidental Health Care Malpractice Coverage 14.Joint Ventures/Partnership/Limited Liability Companies 15.Legal Liability –Damage To Premises /Alienated Premises /Property In The Named Insured's Care, Custody or Control 16.Liquor Liability 17.Medical Payments 18.Non-owned Aircraft Coverage 19.Non-owned Watercraft 20.Personal And Advertising Injury –Discrimination or Humiliation 21.Personal And Advertising Injury -Contractual Liability 22.Property Damage -Elevators 23.Supplementary Payments 24.Unintentional Failure To Disclose Hazards 25.Waiver of Subrogation –Blanket 26.Wrap-Up Extension:OCIP CCIP,or Consolidated (Wrap-Up)Insurance Programs 6015980113CNA74705XX(1-15)Policy No: 7Page1of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136441Page 57 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement 1.ADDITIONAL INSUREDS a.WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through H.below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1)is currently in effect or becomes effective during the term of this Coverage Part;and (2)was executed prior to: (a)the bodily injury or property damage;or (b)the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b.However,subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: (1)a higher limit of insurance than required by such contract or agreement;or (2)coverage broader than required by such contract or agreement,and in no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A.Controlling Interest Any person or organization with a controlling interest in a Named Insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury arising out of: 1.such person or organization's financial control of a Named Insured;or 2.premises such person or organization owns,maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. B.Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury,property damage or personal and advertising injury as co-owner of such premises. C.Lessor of Equipment Any person or organization from whom a Named Insured leases equipment,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused,in whole or in part,by the Named Insured's maintenance,operation or use of such equipment,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D.Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such land,provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.The 6015980113CNA74705XX(1-15)Policy No: 7Page2of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 58 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. E.Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury,takes place prior to the termination of such lease.The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. F.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee or receiver's liability for bodily injury,property damage or personal and advertising injury arising out of the Named Insured's ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations,new construction or demolition operations performed by,on behalf of,or for such additional insured. G.State or Governmental Agency or Subdivision or Political Subdivisions –Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1.the following hazards in connection with premises a Named Insured owns,rents,or controls and to which this insurance applies: a.the existence,maintenance,repair,construction,erection,or removal of advertising signs,awnings, canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or b.the construction,erection,or removal of elevators;or c.the ownership,maintenance or use of any elevators covered by this insurance;or 2.the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a.Bodily injury,property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b.Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H.Trade Show Event Lessor 1.With respect to a Named Insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury caused by: 6015980113CNA74705XX(1-15)Policy No: 7Page3of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136442Page 59 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement a.the Named Insured's acts or omissions;or b.the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2.The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2.ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance,then this insurance is primary,and the Insurer will not seek contribution from that other insurance.For the purpose of this Provision 2.,the additional insured's own insurance means insurance on which the additional insured is a named insured.Otherwise,and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3.BODILY INJURY –EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury,sickness or disease sustained by a person,including death,humiliation,shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4.BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,Offense,Claim or Suit is amended to add the following provisions: A.BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a partner,executive officer,manager or member of a Named Insured,or an employee designated by any of the above to give such notice. B.NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence,offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part.However, the Named Insured shall give written notice of such occurrence,offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 5.BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3.Pursuant to the limitations described in Paragraph 4.below,any organization in which a Named Insured has management control: a.on the effective date of this Coverage Part;or 6015980113CNA74705XX(1-15)Policy No: 7Page4of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 60 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement b.by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured,provided that there is no other similar liability insurance,whether primary, contributory,excess,contingent or otherwise,which provides coverage to such organization,or which would have provided coverage but for the exhaustion of its limit,and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a)any partnership,limited liability company or joint venture;or (b)any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A.owning interests representing more than 50%of the voting,appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B.having the right,pursuant to a written trust agreement,to protect,control the use of,encumber or transfer or sell property held by a trust. 4.With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3.above,this insurance does not apply to: a.bodily injury or property damage that first occurred prior to the date of management control,or that first occurs after management control ceases;nor b.personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5.The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba)as any Named Insured should choose to employ. 6.BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: This insurance does not apply to: k.Damage to Your Product Property damage to your product arising out of it,or any part of it except when caused by or resulting from: (1)fire; (2)smoke; (3)collapse;or (4)explosion. I.Damage to Your Work Property damage to your work arising out of it,or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1)If the damaged work,or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor;or 6015980113CNA74705XX(1-15)Policy No: 7Page5of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136443Page 61 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement (2)If the cause of loss to the damaged work arises as a result of: (a)fire; (b)smoke; (c)collapse;or (d)explosion. B.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke,collapse or explosion and is included within the product-completed operations hazard.This sublimit does not apply to property damage to your work if the damaged work,or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C.This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7.CONTRACTUAL LIABILITY –RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means: a.A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b.A sidetrack agreement; c.Any easement or license agreement; d.An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e.An elevator maintenance agreement; f.That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality)under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a)Preparing,approving or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or damage; (2)Under which the Insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those listed in (1) above and supervisory,inspection,architectural or engineering activities. 8.ELECTRONIC DATA LIABILITY 6015980113CNA74705XX(1-15)Policy No: 7Page6of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 62 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete exclusion p.Electronic Data and replace it with the following: This insurance does not apply to: p.Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1)any access to or disclosure of any person's or organization's confidential or personal information, including patents,trade secrets,processing methods,customer lists,financial information,credit card information,health information or any other type of nonpublic information;or (2)the loss of,loss of use of,damage to,corruption of,inability to access,or inability to manipulate electronic data that does not result from physical injury to tangible property. However,unless Paragraph (1)above applies,this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs,credit monitoring expenses, forensic expenses,public relation expenses or any other loss,cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1)or (2)above. B.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C.The following definition is added to DEFINITIONS: Electronic data means information,facts or programs stored as or on,created or used on,or transmitted to or from computer software (including systems and applications software),hard or floppy disks,CD-ROMS,tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D.For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision,the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a.Physical injury to tangible property,including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b.Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the occurrence that caused it;or c.Loss of,loss of use of,damage to,corruption of,inability to access,or inability to properly manipulate electronic data,resulting from physical injury to tangible property.All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance,electronic data is not tangible property. E.If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy,then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of,and not in addition to,that higher limit. 9.ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates,heirs,legal representatives and spouses of any natural person Insured shall also be insured under this policy;provided,however,coverage is afforded to such estates,heirs,legal representatives,and spouses only for 6015980113CNA74705XX(1-15)Policy No: 7Page7of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136444Page 63 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement claims arising solely out of their capacity or status as such and,in the case of a spouse,where such claim seeks damages from marital community property,jointly held property or property transferred from such natural person Insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative,or spouse outside the scope of such person's capacity or status as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. 10.EXPECTED OR INTENDED INJURY –EXCEPTION FOR REASONABLE FORCE Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11.GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A.For each construction project away from premises the Named Insured owns or rents,a separate Construction Project General Aggregate Limit,equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1.All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 2.All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations,nor the Construction Project General Aggregate Limit of any other construction project. B.All: 1.Damages under Coverage B,regardless of the number of locations or construction projects involved; 2.Damages under Coverage A,caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project,except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3.Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C.The limits shown in the Declarations for Each Occurrence,for Damage To Premises Rented To You and for Medical Expense continue to apply,but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations,depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D.When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations,regardless of the number of projects involved. 6015980113CNA74705XX(1-15)Policy No: 7Page8of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 64 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement E.If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs,specifications or timetables,the project will still be deemed to be the same construction project. F.The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12.IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for the Named Insured,will be treated in the same manner as though the action were in personam against the Named Insured. 13.INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b.This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1)such bodily injury is caused by an occurrence that takes place in the coverage territory. (2)the bodily injury first occurs during the policy period.All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act,error,or omission that is part of the occurrence; and B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to: i.add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii.delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement,including but not limited to express warranties or guarantees. iii.add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination,humiliation or harassment,including but not limited to claims based on an individual's race,creed,color,age,gender,national origin,religion,disability,marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest,criminal or malicious act,error or omission. Medicare/Medicaid Fraud 6015980113CNA74705XX(1-15)Policy No: 7Page9of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136445Page 65 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare,Medicaid,Tricare or any similar federal,state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C.DEFINITIONS is amended to: i.add the following definitions: Health care incident means an act,error or omission by the Named Insured's employees or volunteer workers in the rendering of: a.professional health care services on behalf of the Named Insured or b.Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages,medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a.Physician; b.Nurse; c.Nurse practitioner; d.Emergency medical technician; e.Paramedic; f.Dentist; g.Physical therapist; h.Psychologist; i.Speech therapist; j.Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii.delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts,errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a single occurrence; iii.amend the definition of Insured to: a.add the following: the Named Insured's employees are Insureds with respect to: (1)bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and 6015980113CNA74705XX(1-15)Policy No: 7Page10of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 66 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement (2)bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1)bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business;and (2)bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b.delete Subparagraphs (a),(b),(c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D.The Other Insurance condition is amended to delete Paragraph b.(1)in its entirety and replace it with the following: Other Insurance b.Excess Insurance (1)To the extent this insurance applies,it is excess over any other insurance,self insurance or risk transfer instrument,whether primary,excess,contingent or on any other basis,except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14.JOINT VENTURES /PARTNERSHIP /LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations,except that if the Named Insured was a joint venturer,partner,or member of a limited liability company and such joint venture,partnership or limited liability company terminated prior to or during the policy period,such Named Insured is an Insured with respect to its interest in such joint venture,partnership or limited liability company but only to the extent that: a.any offense giving rise to personal and advertising injury occurred prior to such termination date,and the personal and advertising injury arising out of such offense first occurred after such termination date; b.the bodily injury or property damage first occurred after such termination date;and c.there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company;and If the joint venture,partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c.above.But this provision will not serve to exclude bodily injury,property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up)insurance program. 15.LEGAL LIABILITY –DAMAGE TO PREMISES /ALIENATED PREMISES /PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: 6015980113CNA74705XX(1-15)Policy No: 7Page11of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136446Page 67 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement j.Damage to Property Property damage to: (1)Property the Named Insured owns,rents,or occupies,including any costs or expenses incurred by you, or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property; (2)Premises the Named Insured sells,gives away or abandons,if the property damage arises out of any part of those premises; (3)Property loaned to the Named Insured; (4)Personal property in the care,custody or control of the Insured; (5)That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations,if the property damage arises out of those operations;or (6)That particular part of any property that must be restored,repaired or replaced because your work was incorrectly performed on it. Paragraphs (1),(3)and (4)of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner,nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are your work. Paragraphs (3),(4),(5)and (6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6)of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3)and (4)of this exclusion do not apply to property damage to: i.tools,or equipment the Named Insured borrows from others,nor ii.other personal property of others in the Named Insured's care,custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs (3)and (4)does not apply to: a.property at a job site awaiting or during such property's installation,fabrication,or erection; b.property that is mobile equipment leased by an Insured; c.property that is an auto,aircraft or watercraft; d.property in transit;or e.any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits,or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others.See LIMITS OF INSURANCE as amended below. 6015980113CNA74705XX(1-15)Policy No: 7Page12of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 68 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c.through n.do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner,nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C.The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above,$25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment,and to other personal property of others in the Named Insured's care,custody or control,while being used in the Named Insured's operations away from any Named Insured's premises.The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000.The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement.If the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer for any such amount. D.Paragraph 6.,Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE is deleted and replaced by the following: 6.Subject to Paragraph 5.above,(the Each Occurrence Limit),the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner,including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a.$500,000;or b.The Damage To Premises Rented To You Limit shown in the Declarations. E.Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii)That is property insurance for premises rented to the Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner;or for personal property of others in the Named Insured's care,custody or control; 16.LIQUOR LIABILITY Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17.MEDICAL PAYMENTS A.LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit)and replace it with the following: 7.Subject to Paragraph 5.above (the Each Occurrence Limit),the Medical Expense Limit is the most the Insurer will pay under Coverage C –Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1)$15,000 unless a different amount is shown here:$N,NNN,NNN,NNN;or (2)the amount shown in the Declarations for Medical Expense Limit. 6015980113CNA74705XX(1-15)Policy No: 7Page13of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136447Page 69 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.Under COVERAGES,the Insuring Agreement of Coverage C –Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b)The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18.NON-OWNED AIRCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1.the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2.the aircraft is rented with a trained,paid crew to the Named Insured;and 3.the aircraft is not being used to carry persons or property for a charge. 19.NON-OWNED WATERCRAFT Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended to delete subparagraph (2)of the exclusion entitled Aircraft,Auto or Watercraft,and replace it with the following. This exclusion does not apply to: (2)a watercraft that is not owned by any Named Insured,provided the watercraft is: (a)less than 75 feet long;and (b)not being used to carry persons or property for a charge. 20.PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION A.Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to: 1.delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a)the Named Insured;or (b)any executive officer,director,stockholder,partner,member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2.add the following exclusions: 6015980113CNA74705XX(1-15)Policy No: 7Page14of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 70 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale,rental,lease or sub-lease or prospective sale,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured. Notwithstanding the above,there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY –DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21.PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A.Under COVERAGES,Coverage B –Personal and Advertising Injury Liability,the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B.Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision,the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B: 1.Paragraph 2.d.is replaced by the following: d.The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2.The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met,attorneys fees incurred by the Insurer in the defense of that indemnitee,necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C.This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply if Coverage B –Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22.PROPERTY DAMAGE –ELEVATORS A.Under COVERAGES,Coverage A –Bodily Injury and Property Damage Liability,the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3),(4)and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. 6015980113CNA74705XX(1-15)Policy No: 7Page15of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136448Page 71 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement B.Solely for the purpose of the coverage provided by this PROPERTY DAMAGE –ELEVATORS Provision,the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance,whether primary,excess,contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23.SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS –COVERAGES A AND B is amended as follows: A.Paragraph 1.b.is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B.Paragraph 1.d.is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000.limit. 24.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25.WAIVER OF SUBROGATION -BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1.the Named Insured's ongoing operations;or 2.your work included in the products-completed operations hazard. However,this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement: 1.is in effect or becomes effective during the term of this Coverage Part;and 2.was executed prior to the bodily injury,property damage or personal and advertising injury giving rise to the claim. 26.WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,nor to any construction project in the state of Alaska,that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION –CONSTRUCTION WRAP-UP is attached to this policy,or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.)or Contractor Controlled Insurance Programs (C.C.I.P.)is attached,then the following changes apply: A.The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up)insurance program project in which the Named Insured is or was involved,this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1.Bodily injury,property damage,or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project,or during such operations of anyone acting on the Named Insured's behalf;nor 6015980113CNA74705XX(1-15)Policy No: 7Page16of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 72 of 259 CNA PARAMOUNT Contractors'General Liability Extension Endorsement 2.Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B.Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c)Any of the other insurance whether primary,excess,contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program,but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C.DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up)insurance program means a construction,erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project,such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30%or more of the square foot area is used or is intended to be used for human residency,including but not limited to: 1.single or multifamily housing,apartments,condominiums,townhouses,co-operatives or planned unit developments;and 2.the common areas and structures appurtenant to the structures in paragraph 1.(including pools,hot tubs, detached garages,guest houses or any similar structures). However,when there is no individual ownership of units,residential structure does not include military housing, college/university housing or dormitories,long term care facilities,hotels or motels.Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED (WRAP-UP)INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 6015980113CNA74705XX(1-15)Policy No: 7Page17of17EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136449Page 73 of 259 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract;or B.in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1.the written contract requires you to provide the additional insured such coverage;and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage under the 11-85 edition,10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B.additional insured coverage with "arising out of"language;or C.additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such written contract. III.Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract;or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A.the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.supervisory,inspection,architectural or engineering activities;or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: 6015980113CNA75079XX(10-16)Policy No: 17Page1of2EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136459Page 74 of 259 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees or Contractors -with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance,provided that a written contract requires the insurance provided by this policy to be: 1.primary and non-contributing with other insurance available to the additional insured;or 2.primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3.make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy;and B.was executed prior to: 1.the bodily injury or property damage;or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 6015980113CNA75079XX(10-16)Policy No: 17Page2of2EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 75 of 259 CNA PARAMOUNT Earlier Notice of Cancellation Provided by the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY –NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of Days’Notice:030 Information required to complete this Schedule,if not shown above,will be shown in the Declarations. For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation,as provided in paragraph A.of either the CANCELLATION/NONRENEWAL section of the COMMMON TERMS AND CONDITIONS or as amended by an applicable state cancellation endorsement,is increased to the number of days shown in the Schedule above. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 6015980113CNA74658XX(1-15)Policy No: 41Page1of1EndorsementNo: The Continental Insurance Co.11/01/2021EffectiveDate: ELECTRICAL CONSULTANTS,INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.20020001360159801136491Page 76 of 259 Page 77 of 259 Page 78 of 259 Page 79 of 259 Page 80 of 259 Page 81 of 259 Page 82 of 259 Business Auto Policy Policy Endorsement ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1.In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2.The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the “accident” for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. BUA 6014516577 Endorsement No: 55; Page: 1 of 1 Policy Page: 270 of 471 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: CNA71527XX (10-2012) Endorsement Effective Date: Policy No: Policy Effective Date: 11/01/2021Endorsement Expiration Date: © Copyright CNA All Rights Reserved.Page 83 of 259 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Schedule Name of person or organization 1. All Texas Operations This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 3.Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. (X)Blanket Waiver ( )Specific Waiver 2.Operations: 4.Advance Premium: Issued by For attachment to Policy No. Effective Date Premium $ Issued to Endorsement No.Electrical Consultants, Inc. LM Insurance Corporation 27243 WC5-Z91-473113-011 WC 42 03 04 B Ed. 06/01/2014 Page of© Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. 1 1 Page 84 of 259 Page 85 of 259 Page 86 of 259 Page 87 of 259 Page 88 of 259 Page 89 of 259 Page 90 of 259 Page 91 of 259 Page 92 of 259 Page 93 of 259 Page 94 of 259 Page 95 of 259 Page 96 of 259 Page 97 of 259 Page 98 of 259 Page 99 of 259 Page 100 of 259 Page 101 of 259 Page 102 of 259 July 28, 2022 Item No. 8.4. 2022 CDBG-CV Contract - Catholic Charities of Central Texas Sponsor: David Brower Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a Community Development Block Grant funding agreement with Catholic Charities of Central Texas in the amount of $140,683 in Community Development Block Grant - CARES Act funds for rent, utilities, and case management through the Brazos Valley Financial Stability Program - COVID 19 for those College Station residents impacted by COVID-19. Relationship to Strategic Goals: Core Services & Infrastructure, Neighborhood Integrity Recommendation(s): Staff recommends that City Council approve Contract #22300618 with Catholic Charities of Central Texas in the amount of $140,683 in CDBG-CV funds. Summary: At the May 14, 2020 City Council meeting, Council approved a substantial amendment to the PY 2019 Annual Action Plan to include and allow for the use of Community Development Block Grant CARES Act (CDBG-CV) funds to assist nonprofit programs assisting residents affected by the COVID-19 Pandemic. Council then approved contracts amounting to over $1.2 million with College Station ISD, Catholic Charities of Central Texas, Project Unity, The Brazos Valley Food Bank and Unlimited Potential to provide emergency assistance to College Station residents who were impacted by the COVID-19 Pandemic. Seeing a continued need for financial assistance for those who have been impacted by COVID-19, RFP 22-062 was released, making available the City’s remaining CDBG-CV funds to nonprofit agencies to provide assistance to College Station residents impacted by COVID-19. Only one response was received and Catholic Charities of Central Texas, Inc. is proposing a Brazos Valley Financial Stability - COVID 19 Response program to provide direct client assistance, such as rent and utility assistance, and case management to income eligible College Station residents that have been impacted by COVID-19. The program proposes to assist approximately 130 families. CDBG-CV funds will be used to fund the salary of two part-time Case Managers who will exclusively serve College Station residents and funds for direct client needs to improve family stability. This funding agreement with Catholic Charities of Central Texas, Inc. will provide $140,683 to fund this program through March 31, 2024. Budget & Financial Summary: CDBG-CV funding in the amount of $140,683 is available in the FY2022 Community Development Budget. This amount will fully encumber the remaining balance of CDBG-CV funds. Attachments: 1. Attachment - Contract 22300618 Catholic Charities CDBG-CV Funding Page 103 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 CITY OF COLLEGE STATION COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT This Agreement is by and between the CITY OF COLLEGE STATION, a Home Rule Municipal Corporation incorporated under the laws of the State of Texas (hereinafter referred to as the "City"), and ______________________________________________________________, a private non-profit agency (hereinafter referred to as “Agency”). WHEREAS, the City has the objective of providing services to low-to-moderate income residents of the City through its Community Services Department and outside agency funding; WHEREAS, Agency through its _____________________________________________ ______________________________________________________________________________ program (hereinafter referred to as “Program”), shares this common goal with the City; WHEREAS, the City desires to assist Agency in providing services to low-to-moderate income individuals through funds provided by the Community Development Block Grant (hereinafter referred to as “CDBG”) program administered by the U.S. Department of Housing and Urban Development (hereinafter referred to as “HUD”) (Federal Award Identification ____________________ and Federal Award Date ______________________); and NOW, THEREFORE, FOR AND IN CONSIDERATION of funding in an amount not to exceed __________________________________________ and ____/100 DOLLARS ($___________) to be paid to Agency by the City as set forth herein below, the City and Agency covenant and agree as follows: ARTICLE I STATEMENT OF WORK 1.01 Through its Program, Agency will provide ______________________________________ ______________________________________________________________________________ and other similar services to eligible residents of College Station, Texas. Agency will provide these services to approximately ___________________________________ (____) clients during the Agreement period. Agency shall provide services as specified in the Detailed Statement of Work attached as Exhibit A. Agency shall provide such services utilizing CDBG funds as specified in the Budget attached as Exhibit B. ARTICLE II PAYMENT 2.01 During the City’s Fiscal Year Budget ____________, City shall reimburse Agency, in an amount not to exceed __________________________________________ and ____/100 DOLLARS ($___________), for services or expenditures as referenced in Article I of this Agreement. Page 104 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 2.02 Other operating expenses eligible under HUD regulations may be considered for reimbursement provided the following: (a) the City receives the Reimbursement Request Form attached as Exhibit D; (b) funds are available; and (c) Payments will be made as a reimbursement for services or expenditures already incurred by Agency. Agency shall submit its application for reimbursement to the City, along with supporting documentation and the City shall reimburse Agency for its services no later than thirty (30) calendar days from the date of the City’s receipt and the City’s approval of the application for reimbursement. 2.03. No funds will be reimbursed until City receives the Reimbursement Request Form along with all required receipts, bills, payroll records, canceled checks and other proofs of expenditures, as determined by City, in its sole discretion. Agency may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount of money needed to pay eligible costs actually incurred, and may not include amounts for prospective or future needs. The final request for reimbursement must be received by City on or before _________________________. After that date, unexpended funds may be reallocated. Unexpended funds will remain in the possession of City. 2.04. This Agreement and the payments made herein, are contingent upon receipt by City of U.S. Department of Housing and Urban Development Community Development Block Grant funds and the City of College Station City Council funding approval. Should funds be unavailable, discontinued or disapproved, this Agreement may be revised or terminated as determined by the HUD or the City, in their sole discretion. 2.05. The City retains the right, in its sole discretion, to recapture and seek full reimbursement from Agency for any funds used for prohibited activities, prohibited purposes, or usages of funds which cause a breach of this Agreement. ARTICLE III TERM 3.01 The term of this Agreement shall be from ____________________ to ____________________, or until funds awarded by the City are completely expended, unless the Agreement is terminated as provided for herein. 3.02 The term of this Agreement may be extended by mutual agreement of the parties, in writing, provided that the City has approved and budgeted sufficient funds from the current budget year to satisfy any additional expenditures that result from such extension. Page 105 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 ARTICLE IV BENEFICIARY POPULATIONS 4.01 Direct services provided through programs supported by CDBG shall target residents of College Station whose annual family income is at or below 80% of the median family income for the College Station Metropolitan Statistical Area as established by the U.S. Department of Housing and Urban Development Income Limits attached as Exhibit E. At a minimum, 51% of the clients served through this program must be determined to be at or below 80% of the median family income and live within the city limits of College Station. At the discretion of the City, an income test lower than the 80% median income for specific projects supported by CDBG funds may be established. ARTICLE V VERIFICATION OF INCOME 5.01 Where information on income by family size is required, verification of income will be pursuant to 24 C.F.R § 5.609 (2016). Agency shall document income verification for low-income beneficiaries receiving assistance through programs supported by CDBG funds and may use the following documents for verification: (a) W-2 Forms. (b) 1040 Forms. (c) Pay check stubs. 5.02 In lieu of the above documents, Agency may substitute: (a) Documentation of client participation in other programs of public assistance including Temporary Assistance for Needy Families Program (TANF), Supplemental Security Income (SSI), Food Stamps, Low-Income Energy Assistance, Title XX General Assistance, Public Housing, Section 8 Rental Assistance, Job Training Partnership Act (JTPA) or similar income tested programs having the income qualification criteria at least as restrictive as that used under the Section 8 low-income limit established by HUD; (b) Evidence that the assisted person is homeless; or (c) A notice that the assisted person is a referral from a state, county or local employment agency or other entity that agrees to refer individuals it determines to be low and moderate-income persons based on HUD’s criteria and agrees to maintain documentation supporting these determinations. 5.03 Recipients of services designed to meet critical emergency needs such as, assistance to abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers do not need to meet an income test. Page 106 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 ARTICLE VI PROGRAM INCOME 6.01 Pursuant to HUD regulation 24 C.F.R. § 570.504 (2012), any program income generated by use of CDBG funds shall be used by Agency to supplement eligible operational expenses. All income not used to supplement operational expenses by the end of the fiscal year, or used for ineligible expenses, shall be forfeited and returned to City within thirty (30) days following the end of the Agreement term. Agency shall maintain records of all program income generated by use of CDBG funds, if any, and shall present said records to City. ARTICLE VII RECORDS AND REPORTS 7.01 Agency shall maintain fiscal records and supporting documents in the form of receipts, canceled checks, payroll records, employee time sheets and other mutually agreed upon documentation to verify all expenditures of funds under the terms of this Agreement. Said documentation shall conform to HUD and the City’s accounting practices. Said documentation shall conform to revised OMB Circular Title 2, Uniform Administrative Requirements, Cost Principles for Nonprofit Organizations, and Audit Requirements for Federal Awards, which supersedes and combines the requirements of eight existing OMB Circulars (A-21, A-50, A-87, A-89, A-102, A-110, A-122 and A-133). 7.02 Agency shall maintain written records and supporting documents as required under this Agreement for all applicable, generally accepted, and required administrative and operating policies. Agency shall maintain such records, accounts, reports, files or other documents for a minimum of four (4) years beginning with the submission of the Consolidated Annual Performance and Evaluation Report for the fiscal year –2018 – 2019. City and HUD's right to access Agency’s files shall continue during this period and for as long as the records are retained past the minimum four (4) year period by Agency. 7.03 Agency shall provide the City and HUD representative reasonable access during regular business hours to any financial records, client records, administrative reports, board documentation, files or other papers belonging to or in use by Agency. 7.04 Agency shall submit activity reports to the City along with each reimbursement request. The format of such reports shall, at a minimum, consist of a Narrative Report attached as Exhibit F, and the Client Report attached as Exhibit G. Agency will maintain supporting back-up documentation regarding all reports and make such available to the City upon request. The activity reports and reimbursement requests, including documentation, shall be submitted to the City with each reimbursement request. Failure to provide timely and complete reports may result in forfeiture of funds or termination of this Agreement pursuant to Article VIII herein. 7.05 The City shall conduct a monitoring review of the Program whenever deemed necessary by the City so as to evaluate Agency's compliance with the provisions of this Agreement or any HUD regulation. A minimum of one monitoring review will be conducted by the City during the term of this Agreement. Page 107 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 7.06 The City may provide a Close-Out report to the Agency, which will evaluate compliance with the provisions of this funding Agreement and applicable HUD regulations. The Close-Out report will be provided after all reimbursement requests have been submitted by the Agency. 7.07 Agency shall provide a description of the process and evaluation tool to be utilized for the process to the City along with their first reimbursement request. 7.08 The City shall have the option to recommend one appointee for any one vacancy that occurs on the Board of Directors of the Agency during the term of the Agreement. ARTICLE VIII AGREEMENT SUSPENSION/TERMINATION 8.01 The City has the right to terminate this Agreement, in whole or in part, at any time if the City determines that Agency has failed to comply with any part of this Agreement or if funds are unavailable, discontinued or disapproved, as determined by the City or HUD, at their sole discretion. In addition, the City has the right, in its sole discretion, to terminate this Agreement if it determines that the information contained in its application for CDBG funding was materially incorrect, if the City determines that Agency is not delivering the services approved in its application for CDBG funding, if Agency fails to file the reports required under Article VII of this Agreement, or if Agency fails to fulfill any other obligations required under this Agreement. 8.02 The City shall notify Agency, in writing, thirty (30) days prior to the date of termination. The notice shall include the reason for termination and the effective date of termination. 8.03 If this Agreement is terminated for any of the reasons referenced in Section 8.01 hereinabove, excluding funding discontinuance or disapproval, Agency shall have the right to attempt to cure its failure, during the thirty (30) day period prior to termination to the satisfaction of the City at the City’s sole discretion. The City retains the right to terminate this Agreement, in whole or in part, at any time, for convenience. 8.04 Either party to this Agreement has the right to terminate this Agreement, in whole or in part, upon the mutual written agreement of the parties that the continuation of the activities funded under this Agreement would not produce beneficial results commensurate with the further expenditure of funds. ARTICLE IX REVERSION OF ASSETS 9.01 Upon the expiration of the term of this Agreement, the Agency shall transfer to City any CDBG Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Grant funds. Any real property under Agency's control that was acquired or improved in whole or in part with Grant funds in excess of $25,000 shall: Page 108 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 (a) be used to meet one of the national objectives of the Federal CDBG until five (5) years after expiration of this Agreement, or for such a longer period of time as determined to be appropriate by the City; or (b) be disposed of in a manner which results in City being reimbursed in the amount of the fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such reimbursement is not required after the period of time specified above. ARTICLE X ADMINISTRATIVE REQUIREMENTS 10.01 City and Agency agree to perform their duties in relation to this Agreement in compliance with all applicable HUD regulations. 10.02 Agency shall administer this Agreement in compliance with U.S. Department of Housing and Urban Development applicable Uniform Administrative Requirements 24 C.F.R. § 84 and 24 C.F.R. § 85, as described in 24 C.F.R. § 570.502 (2016). 10.03 Agency shall comply, as related to CDBG provisions, with the requirements and standards of revised OMB Circular Title 2, Uniform Administrative Requirements, Cost Principals for Nonprofit Organizations, and Audit Requirements for Federal Awards, which supersedes and combines the requirements of eight existing OMB Circulars (A-21, A-50, A-87, A-89, A-102, A- 110, A-122 and A-133). 10.04 Nonprofit agencies that receive at least seven hundred fifty thousand dollars ($750,000) a year in Federal Awards shall have an audit made in accordance with the requirements set forth in OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). In order to meet those requirements any subrecipient receiving over $750,000 will provide a financial audit within three (3) months of the ending of their fiscal year covered by this Agreement. ARTICLE XI NONDISCRIMINATION 11.01 Agency hereby agrees and binds itself that no person shall, on the ground of race, color, national origin, religion, sex, age or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, such as is provided under this Agreement, in compliance with Public Law 88- 352 (Civil Rights Act of 1964) and amendments and Section 109 of the Housing and Community Development Act of 1974. 11.02 In accordance with Public Law 90-284, Fair Housing Act, Title VIII of the Civil Rights Act of 1968, Agency hereby agrees and binds itself that no person shall, on the ground of race, color, religion (creed), national origin, sex, age, disability or familial status be discriminated against in the sale or rental of housing, the financing of housing, or the provision of brokerage Page 109 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 services, including otherwise making unavailable or denying a dwelling to any person. Moreover, Agency certifies that it will affirmatively further fair housing. 11.03 In accordance with Executive Order 11063, as amended by Executive Order 12259, Agency hereby agrees and binds itself that it shall take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed), national origin, sex, age, handicap or familial status in the sale, leasing, rental, or other disposition of residential property and related facilities (including land to be developed for residential use), or in the use or occupancy thereof. ARTICLE XII ENVIRONMENTAL CLEARANCE REQUIREMENTS 12.01 Agency understands and agrees that by the execution of this Agreement, City shall assume the responsibilities for environmental review, decision making, and other action which would otherwise apply to City in accordance with and to the extent specified in 24 C.F.R. § 58 (2016). In accordance with 24 C.F.R. § 58.77(b) (2016), Agency further understands and agrees that City shall handle inquiries and complaints from persons and agencies seeking redress in relation to environmental reviews covered by approved certifications. 12.02 City shall prepare and maintain a written Environmental Review Record for this project in accordance with 24 C.F.R. § 58 (2016) to ensure compliance with the National Environmental Policy Act (NEPA). Agency must also maintain a copy of the Environmental Review Record in Agency's project file. City shall document its compliance with such other requirements in its environmental review file. ARTICLE XIII EMPLOYMENT AND CONTRACTING OPPORTUNITIES 13.01 In accordance with Executive Order 11246, as amended by Executive Orders 12086, 11375, 11478, 12107 and the regulations issued pursuant thereto, Agency hereby agrees and binds itself that no person shall, on the ground of race, color, religion (creed), national origin, sex, age, reprisal or disability be discriminated against in any phase of employment during the performance of this Agreement. Further, Agency shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. 13.02 In accordance with Section 3 of the Housing and Urban Development Act of 1968, Agency agrees that, to the greatest extent feasible, opportunities for training and employment will be given to low and moderate income persons residing within the City of College Station, and, to the greatest extent feasible, contracts for work in connection with the project will be awarded to eligible business concerns which are located in or owned by persons residing in the City of College Station. ARTICLE XIV ARCHITECTURAL BARRIERS ACT AND AMERICANS WITH DISABILITIES ACT 14.01 In accordance with the Architectural Barriers Act of 1968 42 U.S.C. §§ 4151-4157, Agency Page 110 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 agrees to abide by laws and regulations requiring certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered. 14.02 In accordance with standards that ensure accessibility to, and use by, persons with physical disabilities. A building or facility designed, constructed, or altered with funds allocated or reallocated under this part after December 11, 1995, and that meets the definition of "residential structure" as defined in 24 C.F.R. § 40.2 (2018) is subject to the requirements of this Act and shall comply with the Uniform Federal Accessibility Standards. 14.03 In accordance with the Americans with Disabilities Act 42 U.S.C. §12131; 47 U.S.C. §§ 155, 201, 218 and 225 (ADA), the Agency agrees to comply with the provision of comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable. ARTICLE XV USE OF DEBARRED, SUSPENDED, INELIGIBLE CONTRACTORS OR SUBRECIPIENTS 15.01 Agency agrees and binds itself that it has not and will not directly or indirectly employ, award contracts to, or otherwise engage the services of any contractor or other subrecipient of CDBG monies during any period of that agency's or subrecipient's debarment, suspension, or placement in ineligible status under the provisions of 24 C.F.R. § 24 (2009). ARTICLE XVI CONFLICT OF INTEREST 16.01 Agency certifies that no employee, agent, consultant, officer, elected or appointed official of the Agency who exercises or has exercised any functions or responsibilities with respect to CDBG activities or who is in a position to participate in a decision-making process or gain inside information with regard to such activities has or will have any personal or financial interest or benefit to obtain from this Agreement and the CDBG-assisted activity, nor any interest in any contract, subcontract or Agreement with respect thereto, or the proceeds thereunder, either for the official or those with whom they have family or business ties, either during the official’s tenure or for one year after completion of the Agreement term. ARTICLE XVII WHERE SUBRECIPIENT IS A RELIGIOUS ENTITY 17.01 Where Agency is a religious entity, Agency certifies that all CDBG funds shall be used wholly for secular purposes. Agency agrees and binds itself that it will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. Agency agrees and binds itself that it will Page 111 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of public services funded by this Agreement. ARTICLE XVIII RELOCATION, REAL PROPERTY ACQUISISTION AND ONE-FOR-ONE HOUSING REPLACEMENT 18.01 Agency agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. Agency shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. Agency also agrees to comply with applicable City ordinances, resolutions and policies concerning the displacement of persons from their residences. ARTICLE XIX INDEMNIFICATION AND RELEASE 19.01 Agency agrees to indemnify and hold harmless the City, its officers, agents, volunteers, and employees from and against any and all loss, costs, or damage of any kind, nature, or description that may arise out of or in connection with this Agreement whether or not the claim or cause of action results from any negligence of the City or any of its officers, agents, or employees. 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. 19.02 Agency assumes full responsibility for the work to be performed and services to be provided hereunder, and hereby releases, relinquishes and discharges the City, its officers, agents, volunteers, and, employees from any and all claims, demands, causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death of, any person (whether employees or agents of either of the parties hereto or third persons) and any loss of or damage to property (whether the property is that of either of the parties hereto or of third parties) that is caused by or alleged to be caused by, arising out o f, or in connection with the Agency’s work or services provided hereunder whether or not said claims, demands, or causes of actions are covered in whole or part by insurance. 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 XX INSURANCE 19.01 General. The Agency 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 Page 112 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 Agency, its agents, representatives, volunteers, employees, or subcontractors. 19.02 The Agency’s insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are as set forth below. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit “C”. During the term of this Agreement the Agency’s insurance policies shall meet the minimum requirements of this section: 19.03 Types. Agency shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Workers' Compensation/Employer’s Liability. 19.04 General Requirements Applicable to All Policies. The following General requirements 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 C; and shall be approved by the City before work begins. (c) Agency shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. (d) The City will accept only Insurance Carriers licensed and authorized to do business in the State of Texas. (e) The City will not accept “claims made” policies. (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 19.05 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 naming 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 Page 113 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 $1,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City’s review and acceptance. (e) The coverage shall 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. 19.06 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 rating under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement naming 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. 19.07 Workers’ Compensation/Employer’s Liability Insurance. Workers’ Compensation/Employer’s Liability insurance shall include the following terms: (a) Employer’s Liability minimum limits of liability not less than $500,000 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. (c) 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. ARTICLE XXI GENERAL PROVISIONS 20.01 The parties to this Agreement agree and understand that Agency is an independent contractor and not an agent or representative of the City and that the obligation to compensate its employees and personnel furnished or used by Agency to provide the services specified in Article I shall be the responsibility of Agency and shall not be deemed employees of the City for any purpose. Page 114 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 20.02 The City’s Community Services Department shall provide “technical” assistance to Agency as requested and as mutually agreed upon in the performance of Agency’s duties under this Agreement. “Technical” assistance is described as including, but not limited to staff assistance to ensure compliance to CDBG regulations and to ensure that proper accountability and program delivery results are achieved; and providing orientation to Agency staff and board members regarding CDBG regulations and procedures. The provision of “technical” assistance is dependent on time constraints and priorities of the Community Services Department staff, at City’s sole discretion. City shall have no liability to Agency or any third party in providing any “technical” assistance. 20.03 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. 20.04 This Agreement has been made under and shall be governed by the laws of the State of Texas. 20.05 Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 20.06 Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 20.07 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 breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 20.08 The parties acknowledge that they have read, understand, and intent to be bound by terms and conditions of this Agreement. 20.09 This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 20.10 It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 20.11 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. 20.12 Prioritization. Agency and City agree that City is a political subdivision of the State of Page 115 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Agency to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Agency. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Agency shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 20.13 It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 20.14 Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as named herein. Each party has the right to change its business address by giving at least thirty (30) days advance written notice of the change to the other party. Agency: Attn: ___________________________ ________________________________ ________________________________ ________________________________ City: Attn: __________________________ Community Services Department City of College Station 1101 Texas Ave. South P.O. Box 9960 College Station, Texas 77842 20.15 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, Agency verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Agency 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 Page 116 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code, Agency herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. Page 117 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 List of Exhibits A Statement of Work B Budget C Certificates of Insurance D Reimbursement Request E HUD Income Limits F Narrative Report G Client Report H Funding Sources Report I Type of Assistance Provided Report CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: _______________________________ Title: Date: _______________________________ APPROVED: City Attorney Date: _________________ Assistant City Manager / CFO Date: _________________ Page 118 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT A DETAILED STATEMENT OF WORK ____________________________________________ will provide a ______________________ ______________________________________________________________________________ Agency shall provide services to __________________________________ (____) unduplicated clients during the Agreement period. The clients are defined as low income using the household income criteria provided by HUD. Page 119 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT B BUDGET Agency: SOURCES OF FUNDS: Maximum Proceeds of grant under the Agreement USES OF FUNDS: Page 120 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT C CERTIFICATES OF INSURANCE Page 121 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT D REIMBURSEMENT REQUEST FORM COMMUNITY SERVICES DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT REIMBURSEMENT REQUEST FORM _________________ AGENCY: CONTRACT EXPENSES: BUDGETED CURRENT REQUEST YEAR TO DATE REQUESTED $ $ $ (INVOICES OR ACCEPTABLE ALTERNATIVE DOCUMENTATION MUST BE SUBMITTED) TOTAL $ $ $ REIMBURSEMENT REQUEST $ EXPENSES FOR THE PERIOD OF: AMOUNT REMAINING IN CDBG CONTRACT $ I hereby request reimbursement for approved program expenses to date in the amount of $ __________. ____________________________________________________ _____________________ Signature of Authorized Agency Representative Date Page 122 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 Agency’s Certification and Reimbursement Request Form Agency Name Contract # Program Name Name of Agency Contact Agency’s Address I. Agency’s Certification and Reimbursement Request I hereby certify: The information presented on this form is true and complete to the best of my knowledge; All programs and services have been executed in accordance with the terms and requirements of the contract; All expenses for which payment is being requested herein were incurred by the above-referenced program(s); A signed and dated Client Report and Narrative Report have been received by the Community Services Department; All supporting documentation to substantiate this request has been received by the Community Services Department. The agency is in full compliance with the terms and conditions of the above referenced contract. I hereby request reimbursement for approved program expenses to date in the amount of $ __________. ____________________________________________________ _____________________ Signature of Authorized Agency Representative Date II. Monitor’s Certification I have reviewed the documents submitted for reimbursement request number ____ by the above-referenced agency and agree that all services and expenditures have been satisfactorily completed in accordance with all applicable requirements and terms of the above referenced contract number. I hereby approve payment to the agency in the amount of $________. ____________________________________________________ ______________________ Signature of Monitor Date III.Director of Community Services’ Certification I hereby approve payment to the agency in the amount of $_________. ____________________________________________________ _______________________ Signature of Director of Community Services Date Page 123 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT E HUD INCOME LIMITS Page 124 of 259 2022 INCOME LIMITS College Station-Bryan MSA This list supersedes all other lists of prior dates. Effective: June 15, 2022 Extremely Low Income Low-HOME Renter Maximum High-HOME Renter Maximum Homebuyer Maximum Household Size 30% 50% 60% 80% 1 $16,150 $26,950 $32,340 $43,050 2 $18,450 $30,800 $36,960 $49,200 3 $20,750 $34,650 $41,580 $55,350 4 $23,050 $38,450 $46,140 $61,500 5 $24,900 $41,550 $49,860 $66,450 6 $26,750 $44,650 $53,580 $71,350 7 $28,600 $47,700 $57,240 $76,300 8 $30,450 $50,800 $60,960 $81,200 Page 125 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT F NARRATIVE REPORT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM NARRATIVE REPORT (FY__________ ) AGENCY: ____________________________ REIMBURSEMENT REQUEST NUMBER: ____________ OPERATING HOURS OF AGENCY: ___________________________ (note any changes from original approved CDBG public service application): ________________ PROGRAM FUNDED: ________________________________ PROGRAM ACTIVITIES: (Include information on accomplishments and concerns corresponding to your program’s objectives and goals). AGENCY ACTIVITIES: (Brief summary of all other programs operated by agency): Other: (Include any other information or attachments about your program i.e. newsletters, letters of support from community, etc.) Did the agency receive any program income for the program for which you are requesting funding since the execution of the Funding Agreement? Yes _____. No______. (Mark with an X) If yes, how much program income did the agency receive? $________________ Did the agency have a board vacancy during this quarter? Prepared by:___________________________ Date: ______________________________ Page 126 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT G CLIENT REPORT FORM Page 127 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT H FUNDING SOURCES REPORT Please list amounts received for this program from all funding sources: CDBG $_______ Section 108 Loan Guarantee $_______ Other Consolidated Plan Funds $_______ (HOME, ESG, HOPWA) Other Federal Funds $_______ State/Local Funds $_______ Private Funds $_______ Other ________________ $_______ Page 128 of 259 Contract Number: ______________ CDBG Funding Agreement – Rent and Utility Assistance Form 08-31-2021 EXHIBIT I TYPE OF ASSISTANCE PROVIDED REPORT ______New Services--Number of unduplicated persons assisted with new access to a service ______Improved Services--Number of unduplicated persons assisted with improved access to a service (or continued if funding in prior year) ______Enhanced quality of Services--Number of unduplicated persons, where the public service activity will meet a quality standard or will measurably improve quality, report on the number of persons that no longer only have access to a substandard service _____ Bed Created--Number of beds created in overnight/emergency shelter Number of homeless persons given overnight shelter __________ Definitions: ●Number of persons assisted with new access to a service New access to a service is when a service is offered for the first time. This indicator would be used in the instance when a public service has not previously been available to these households. For instance, the grantee might elect to fund a new job transportation program for working mothers. No such program currently exists in the jurisdiction and so this is access to a new service for these households. ●Number of persons assisted with improved access to a service. Improved access to a service is when a service was offered, but the public service activity allowed the grantee to expand the service, in terms of size, capacity, or location. For instance, assume that an existing meals on wheels program only provided lunch and the expanded service provides lunch and dinner service. For these elderly households, this would constitute improved access. If a guarantee is refunding an ongoing program, the improved access indicator is generally used. ●Where the public service activity was used to meet a quality standard or measurable improved quality, report on the number of persons that no longer have access to a substandard service. ●The number of beds created in overnight shelter or other emergency housing. Page 129 of 259 July 28, 2022 Item No. 8.5. Contract 21300438 Change Order No. 2 with NewGen Strategies and Solutions, LLC for Transmission Cost of Service (TCOS) Study & Filing Consulting Support Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption:Presentation, discussion, and possible action regarding a second change order to a contract with NewGen Strategies and Solutions, LLC (NewGen), for consulting support with the Transmission Cost of Service (TCOS) study and rate case filing. The recommended change order amount is $30,000, for a total contract amount not to exceed $116,750. Relationship to Strategic Goals: Financial Sustainability Recommendation(s): Staff recommends approval of the second change order of this consulting contract with NewGen Strategies and Solutions, LLC for $30,000, for a new contract total of $116,750. Summary: Contract 21300438 was originally executed in the amount of $69,750 to provide consulting support with a comprehensive TCOS rate case filing study, recommendation of filing method, and procedural filing with the Public Utility Commission of Texas (PUCT). We were aware that the level of NewGen’s support was dependent on the level of review the filed case received from PUCT staff, Office of Public Utility Counsel, and any other intervenors. Change Order #1 was approved in January 2022 in the amount of $17,000 to cover the post-filing activities given that the PUCT required further City response. As our rate case before the PUCT continues, a second change order of $30,000 is being requested. Budget & Financial Summary: Funds are available in the Electric operations and maintenance budget. Attachments: 1. C 21300438 CO2 - NewGen Page 130 of 259 CHANGE ORDER NO. 2 DATE: 07/05/2022 Contract No. 21300438 PO No.21202660 PROJECT: Consulting Support for Transmission Cost of Service (TCOS) Study & Filing OWNER:CONTRACTOR: City of College Station NewGen Strategies and Solutions, LLC P.O. Box 9960 8140 N. Mopac Ex, Ste I-240 Ph: College Station, Texas 77842 Austin, TX 78759 Fax: PURPOSE OF THIS CHANGE ORDER: A. Add funds for continued consulting support for TCOS Rate Case filing with PUCT B. C. ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 69,750.00 Additional Consulting Support $1.00 69,750.00 86,750.00 $17,000.00 2 86,750.00 Additional Consulting Support $1.00 86,750.00 116,750.00 $30,000.00 3 $0.00 TOTAL $47,000.00 LINE 1 (850560-5303)$17,000.00 LINE 2 (850560-5303)$30,000.00 LINE 3 (acct./work order number)$0.00 TOTAL CHANGE ORDER 47,000.00 ORIGINAL CONTRACT AMOUNT 69,750.00 CHANGE ORDER NO. 1 $17,000.00 24.37%% CHANGE CHANGE ORDER NO. 2 $30,000.00 43.01%% CHANGE REVISED CONTRACT AMOUNT 116,750.00 67.38%% 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 DEPARTMENT DIRECTOR Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ CITY ENGINEER Date CITY MANAGER Date THE NET AFFECT OF THIS CHANGE ORDER IS 67.38 % INCREASE. N/A N/A N/A Page 131 of 259 Economics | Strategy | Stakeholders | Sustainability www.newgenstrategies.net 8140 North Mopac Expressway Suite 1-240 Austin, TX 78759 Phone: (512) 806-7713 June 30, 2022 Timothy Crabb Director College Station Utilities 1601 Graham Road College Station, TX 77842 Subject: Increase Budget for Phase II (b) of Transmission Cost of Service Filing (Contract 21300438) Mr. Crabb: As you likely recall, NewGen’s original budget of $69,750, through Contract 21300438, for the T-COS filing envisioned getting the case filed and any post-filing activities would require additional budget (see Phase II (b) of Technical Approach section of NewGen’s RFP response included in contract). A budget amendment of $17,000 was approved in January 2022 (see attached). However, as was pointed out at the time, the level of effort will be completely dependent on the reaction the filed case receives from Public Utility Commission of Texas staff, Office of Public Utility Counsel, and any other intervenors. Thus, we cannot provide a guaranteed not-to-exceed amount. We have remaining budget that should allow for rebuttal testimony to be developed, but sometime thereafter an additional budget amendment will be necessary to proceed if the case is not promptly settled. Thus, I would like to request additional budget of $30,000 and if the case is settled, and we do not need the additional budget, it will simply go unutilized. To be clear, if the case goes to hearing additional budget beyond this $30,000 request may be necessary in order to finalize the case. Please contact me if you have any questions regarding this request for additional budget. Sincerely, NewGen Strategies and Solutions, LLC Grant Rabon Partner DocuSign Envelope ID: 3CA8FBCF-5461-4232-96B5-17E7E19AAEB3 Page 132 of 259 CHANGE ORDER NO. 1 DATE: 01/20/2022 Contract No. 21300438 PO No.21202660 PROJECT: Consulting Support for Transmission Cost of Service (TCOS) Study & Filing OWNER:CONTRACTOR: City of College Station NewGen Strategies and Solutions, LLC P.O. Box 9960 8140 N. Mopac Ex, Ste I-240 Ph: College Station, Texas 77842 Austin, TX 78759 Fax: PURPOSE OF THIS CHANGE ORDER: A. Add funds for consulting support with PUCT requests for info & testimony after initial TCOS filing B. C. ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 17000 Addional Consulting Support $1.00 69750 86750 $17,000.00 2 $0.00 3 $0.00 TOTAL $17,000.00 LINE 1 (850560-5303)$17,000.00 LINE 2 (acct./work order number)$0.00 LINE 3 (acct./work order number)$0.00 TOTAL CHANGE ORDER 17,000.00 ORIGINAL CONTRACT AMOUNT $69,750.00 CHANGE ORDER NO. 1 $17,000.00 24.37%% CHANGE CHANGE ORDER NO. 2 0.00%% CHANGE REVISED CONTRACT AMOUNT $86,750.00 24.37%% 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 DEPARTMENT DIRECTOR Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ CITY ENGINEER Date CITY MANAGER Date THE NET AFFECT OF THIS CHANGE ORDER IS 24.37 % INCREASE/DECREASE. N/A N/A N/A N/A 1/21/2022 1/24/2022 1/24/2022 1/28/2022 Page 133 of 259 Economics | Strategy | Stakeholders | Sustainability www.newgenstrategies.net 8140 North Mopac Expressway Suite 1-240 Austin, TX 78759 Phone: (512) 806-7713 January 20, 2022 Timothy Crabb Director College Station Utilities 1601 Graham Road College Station, TX 77842 Subject: Budget for Phase II (b) of Transmission Cost of Service Filing (Contract 21300438) Mr. Crabb: -COS filing envisioned getting the case filed and any post-filing activities would require additional budget (see able to get the case filed without utilizing the entire original budget, so we are currently using the remaining budget for post-filing activities. However, the remaining budget is down to around $3,000 (as of Jan 15) and, thus, it will be fully consumed at some point soon (assuming the case proceeds as expected). Thus, I would like to initiate a budget amendment to cover the scope of post-filing activities. The level of effort will be completely dependent on the reaction the filed case receives from Public Utility Commission of Texas staff, Office of Public Utility Counsel, and any other intervenors, so I cannot provide a guaranteed not-to-exceed amount. If a hearing at the State Office of Administrative Hearings is required, the costs could be significant. Please contact me if you have any questions regarding this request for additional budget. Sincerely, NewGen Strategies and Solutions, LLC Grant Rabon Partner Page 134 of 259 July 28, 2022 Item No. 8.6. Annual Electric Substation Maintenance Contract Renewal Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption:Presentation, discussion, and possible action regarding the renewal 1 of a contract with National Field Services, Inc., for Annual Electric Substation Maintenance in the amount of $133,333. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract renewal. Summary: This year-two renewal for the substation maintenance contract with National Field Services is for supplemental labor and equipment to perform the North American Electric Reliability Corporation (NERC) mandated maintenance, testing, and associated documentation of critical electric substation devices and equipment. On June 2, 2021, six (6) sealed proposals were received in response to Request for Proposal No. 21-043 for the City of College Station’s Annual Substation Maintenance Contract. Based on the evaluation of the six proposals, National Field Services, Inc. was not only the lowest bid but also scored the highest on the overall evaluation factors. The annual contract amount is $133,333, with a total three-year amount not to exceed $400,000. Budget & Financial Summary: Funds for this item are budgeted in the Electric capital improvement projects and maintenance funds. Attachments: 1. 21300581R1 Nat F Svcs Ltr Attachment Page 135 of 259 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov June 10, 2022 ATTN: Mr. Eric Beckman National Switchgear Systems N TX National Field Services 651 Franklin St Lewisville, TX 75057 RE: Bid#21-043 C# 21300581 Renewal #1 Annual Electric Substation Electrical Equipment Testing & Maintenance Services Dear Mr. Beckman, The City of College Station appreciates the products and services provided by National Field Services, this last year. We would like to exercise our option to renew the above referenced price agreement for the term of July 23, 2022, through July 22, 2023, with contract amount not to exceed One Hundred Thirty-Three Thousand Three Hundred Thirty-Three and 00/100 Dollars ($133,333.00). This is the first of two possible renewals for this contract. If this contract renewal meets your company’s approval, please provide your confirmation for renewal via return e-mail to rforsyth@cstx.gov., no later than June 17, 2022. Attachment Page 136 of 259 CONTRACT #21300581 RENEWAL #1 ACCEPTANCE By signing herewith, I acknowledge and agree to Bid#21-043, Contract #21300581 Renewal One (1), for the “Annual Electric Substation Electrical Equipment Testing & Maintenance Services” in accordance with all terms and conditions agreed to and accepted, for an amount not to exceed One Hundred Thirty-Three Thousand Three Hundred Thirty-Three and 00/100 Dollars ($133,333.00) I understand this renewal term will be for the period beginning July 23, 2022, through July 22, 2023. This is the first of two possible renewals for this contract. NATIONAL SWITCHGEAR SYSTEMS OF N TX- NATIONAL FIELD SERVICES CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ Eric Beckman Director 6-27-22 Page 137 of 259 July 28, 2022 Item No. 8.7. Waste Falcon, 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 second reading of a franchise agreement ordinance with Waste Falcon, LLC for the collection of recyclables from commercial businesses and multi-family locations. Relationship to Strategic Goals: 1. Infrastructure and Core Services Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: The proposed agreement would allow Waste Falcon, 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. 22300601 Waste Falcon Page 138 of 259 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 22300601 N/A N/A Recyclable Collection Franchise Agreement Waste Falcon, LLC N/A ■ Two City Council readings required for this Franchise Agreement; scheduled for July 14, 2022 & July 28, 2022. N/A 07/14/22 & 07/28/22 N/A N/A N/A 6/17/2022 6/21/2022 6/21/2022 Page 139 of 259 ORDINANCE NO. ____ _ RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, WASTE FALCON, 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, Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 1of16 Page 140 of 259 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 Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 2of16 Page 141 of 259 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 3of16 Page 142 of 259 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 I 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: Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 4of16 Page 143 of 259 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 (201h) 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 5of16 Page 144 of 259 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 (201h) 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 6of16 Page 145 of 259 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 7of16 Page 146 of 259 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 8of16 Page 147 of 259 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 9of16 Page 148 of 259 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 10of16 Page 149 of 259 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 Attn: Caroline Ask PO BOX 9960 College Station, TX 77842 cask@cstx.gov Waste F ale on, LLC Attn: Chris Conger, CEO 13121 Louetta Rd.# 2016 Cypress, TX 77429-5155 chri s@wastefal con. 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 11of16 Page 150 of 259 WASTE FALCON, LLC Printed Name: ----------- Title: Owner/Member Date: ________ _ Contract No. 22300601 Recyclable Collection Franchise Ordinance CITY OF COLLEGE STATION By:~----------­ Mayor Date: ------- ATTEST: City Secretary Date: ------ APPROVED: City Manager Date: ------ City Attorney Date: ------ Assistant City Manager/CFO Date: Page 12of16 6/16/2022 Chris Conger 6/21/2022 6/21/2022 Page 151 of 259 EXHIBIT A. SCHEDULE OF RA TES I. Contractor's base rate is $459.00 (20-yard dumpster) 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 Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 13of16 Page 152 of 259 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. Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 14of16 Page 153 of 259 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 I in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V. Workers' Compensation Insurance a. Workers compensation insurance shall include the following terms: 1. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required 11. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy Ill. 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" Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 15of16 Page 154 of 259 EXHIBIT C. CERTIFICATES OF INSURANCE Contract No. 22300601 Recyclable Collection Franchise Ordinance Page 16of16 Page 155 of 259 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 6/16/2022 (281) 656-3000 (281) 656-3001 14167 Waste Falcon LLC 13121 Louetta RD #2016 Cypress, TX 77429 20052 22945 A 1,000,000 ENV562010498-00 6/14/2022 6/14/2023 100,000 5,000 1,000,000 2,000,000 2,000,000 POLLUTION 1,000,000 1,000,000B 73TRR253052 6/14/2022 6/14/2023 C 0002079320 6/15/2022 6/15/2023 1,000,000 1,000,000 1,000,000 City of College Station Attn: Risk Management PO Box 9960 College Station, TX 77842 WASTEFA-01 STEVEB Carroll Insurance Agency Ltd. 14906 FM 529 Houston, TX 77095 Service@carrollins.com GuideOne National Ins Co National Liab & Fire Ins Co Texas Mutual Insurance Company X X X X X Page 156 of 259 Page 157 of 259 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 CG 20 10 07 04 © ISO Properties, Inc., 2004.Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. In respect to any location where the named insured is performing “your work”. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 158 of 259 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location And Description Of Completed Operations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. In respect to any location where the named insured is performing “your work”. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". Page 159 of 259 GO 0216 – 4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY – If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1.An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2.A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. Page 160 of 259 GO 0218 – 4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1.An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2.A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION – If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of “your work” performed under a contract with that person or organization. All other terms and conditions remain unchanged. Page 161 of 259 GO 0216 – 4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY – If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1.An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2.A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. Page 162 of 259 GO 0218 – 4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1.An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2.A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION – If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of “your work” performed under a contract with that person or organization. All other terms and conditions remain unchanged. Page 163 of 259 GO 2212 – 4YA 10-17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II – Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule above, but only with respect to liability caused, in whole or in part, by your operations performed for the additional insured(s), or premises owned by or rented to you. Page 164 of 259 GO 0218 – 4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: TRANSPORTATION POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1.An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2.A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a.That request is made prior to the date your operations for that person or organization commenced; and b.A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION – If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of “your work” performed under a contract with that person or organization. All other terms and conditions remain unchanged. Page 165 of 259 GO 4201 – 4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. with its permission Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES, OR CONTRACTORS This endorsement modifies insurance provided under the following: TRANSPORTATION POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II – WHO IS AN INSURED is amended to include as an insured the person or organization shown in the above Schedule, but only with respect to liability caused, in whole or in part, by: 1) Your acts or omissions; or 2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insured(s). Page 166 of 259 July 28, 2022 Item No. 8.8. Professional Services Contract for Northeast Sewer Trunk Line Phase IV Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with Kimley Horn and Associates, Inc. in the amount of $1,371,000 for the Northeast Sewer Trunk Line Phase IV project. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This contract is for the design of the Northeast Sewer Trunk Line phase IV project. The trunk line would run from just west of SH 6 to the Hensel Park Lift Station. The design includes installation of a large sewer trunk line which would serve areas of the community, including Northgate. This would allow for continued development in this area which will soon be limited by existing sewer capacity. Budget & Financial Summary: Currently, an appropriated budget in the amount of $1,450,000 is included for this project in the Wastewater Capital Improvement Projects Fund. A total of $77,263 has been expended or committed to date, leaving an appropriated balance of $1,372,737 for this contract and future expenses. Attachments: 1. Scope and Fee NETL 4 2. NETLPHIVmap Page 167 of 259 Page 168 of 259 Page 169 of 259 Page 170 of 259 Page 171 of 259 Page 172 of 259 Page 173 of 259 Page 174 of 259 Page 175 of 259 Page 176 of 259 Page 177 of 259 Page 178 of 259 Page 179 of 259 Page 180 of 259 Contract No.__________ A&E Professional Services with Construction Form 07-22-2021 EXHIBIT B PAYMENT TERMS Compensation is based on actual hours of work/time devoted to providing the described professional services. The Consultant will be paid at a rate of $ per hour, or at the rates per service or employee shown below. The City will reimburse the Consultant for actual, non-salary expenses at the rate of percent ( %) above the authorized written change order, the total payment for all invoices on this job, including both salary and non- salary expenses, shall not exceed the amount set forth in paragraph 2.01 of this Contract: ($ ). The Consultant must submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. -OR- Payment is a fixed fee in the amount listed in paragraph 2.01 of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. The Consultant may submit monthly invoices to the City, accompanied by an explanation of charges, professional fees, services, and expenses. The City will pay such invoices according to its normal payment procedures. Schedule of Payment for each phase: Contract Amount of $1,371,000,00 Fee Summary attached Page 181 of 259 Senior Professional Professional Analyst Support Staff Total Senior Professional Professional Analyst Support Staff Total 1 Project Management 80 144 76 18 318 26,000$ 24,500$ 10,500$ 1,500$ $62,500 $4,800 $67,300 2 Preliminary Investigation 54 71 98 223 17,700$ 12,100$ 13,700$ $43,500 $2,600 $46,100 3 Design Survey 12 52 150 214 4,000$ 8,800$ 20,500$ $33,300 $130,300 $163,600 4 Easement Documents 36 20 56 6,200$ 2,800$ $9,000 $44,700 $53,700 5 Subsurface Utility Engineering 36 8 44 6,200$ 1,100$ $7,300 $17,200 $24,500 6 Geotechnical Investigation 22 22 3,900$ $3,900 $33,700 $37,600 7 Preliminary Sanitary Sewer Trunk Line Design 210 440 1,005 12 1,667 68,700$ 74,600$ 132,700$ 1,000$ $277,000 $40,900 $317,900 8 Jurisdictional Coordination 27 37 30 94 8,900$ 6,300$ 4,200$ $19,400 $1,900 $21,300 9 Final Sanitary Sewer Trunk Line Design 196 338 610 40 1,184 64,000$ 57,400$ 81,100$ 3,200$ $205,700 $41,000 $246,700 10 Erosion Control Plan 6 42 124 172 2,000$ 7,200$ 16,300$ $25,500 $1,600 $27,100 11 Environmental Services 128 128 21,800$ $21,800 $1,400 $23,200 12 Tree Protection Plan 14 46 84 144 4,500$ 7,900$ 11,500$ $23,900 $1,500 $25,400 13 Traffic Control 38 36 74 6,500$ 5,100$ $11,600 $1,000 $12,600 14 Public Involvement 56 56 58 26 196 18,400$ 9,500$ 8,100$ 2,100$ $38,100 $2,500 $40,600 15 Bidding Phase Services 30 54 40 12 136 9,900$ 9,200$ 5,500$ 1,000$ $25,600 $5,300 $30,900 16 Control Staking 16 8 24 2,700$ 1,200$ $3,900 $400 $4,300 17 Construction Phase Services 102 231 124 457 33,400$ 39,200$ 17,400$ $90,000 $24,400 $114,400 18 Construction Material Testing Services 0 $0 $54,000 $54,000 19 As-built Survey 6 6 1,000$ $1,000 $11,200 $12,200 20 Record Drawings 4 50 154 8 216 1,400$ 8,500$ 20,800$ 700$ $31,400 $16,200 $47,600 791 1,843 2,625 116 5,375 258,900$ 313,500$ 352,500$ 9,500$$934,400 $436,600 $1,371,000 Phase 4 (11,150 LF of 30"/24" Sanitary Sewer Line and 4,500 LF of 18"/12" Replacement) - Including Trenchless Specialist Labor Hours Labor Costs Contract Totals = Fee Summary Northeast Wastewater Trunk Line - Phase 4 City of College Station Task ODC's and Subs Subtotal Kimley-Horn and Associates, Inc. 6/3/2022 Page 182 of 259 Page 183 of 259 July 28, 2022 Item No. 8.9. Annual Contract for Temporary Employment Services Sponsor: Alison Pond, Director of Human Resources Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action to approve the provision of services by Spherion Staffing LLC (“Spherion”) for Temporary employment Services by approving Letter Amendment No. 1 which amends the annual estimated expenditure amount for the current Renewal 1 contract term with an increase of $90,000. Relationship to Strategic Goals: Financially Sustainable City Recommendation(s): Staff respectfully recommends approval to amend the current contract for temporary employment services. Summary: From time to time, for continued City operations, it is necessary to retain temporary staffing services. These services allow City departments to fill short-term vacancies with temporary workers. In some cases, when in the best interest of the City, the City may choose to convert/hire these workers as full-time City employees. The temp-to-perm option is beneficial in some cases as it gives both the employer and prospective hire to see if the permanent relationship would be mutually beneficial. In accordance with Chapter 791 of the Texas Government Code, the City has established an interlocal agreement with Texas A&M that allows the City to piggyback their contracts. Procuring services in this manner satisfies state law bidding requirements. The City began piggybacking an established Texas A&M/Spherion contract for temporary employment services by executing a contract with Spherion on March 18, 2021 through August 31, 2021 for an estimated expenditure of $75,000. The contract was subsequently renewed for a full one-year term beginning September 1, 2021 through August 31, 2022 for an estimated annual expenditure of $100,000. Due to an increased demand for temporary staffing along with market related wage impacts, the annual estimate for the current Renewal 1 term will not be sufficient for the remainder of the term; therefore, an increase of $90,000 is needed to continue services up to the expiration date. Budget & Financial Summary: Funding is available in various department and project budgets. Attachments: 1. 21300395AMD1 Page 184 of 259 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 185 of 259 the heart of the Research Valley July 21, 2022 ATTN: Katherine Kleemann SPHERION STAFFING LLC 4101 South Texas Ave., Suite B Bryan, Texas 77802 RE: Contract No. 21300395 (“Contract”), Letter Amendment 1 Temporary Employment Services Dear Ms. Kleemann, The City of College Station (“City”) and you, acting on behalf of Spherion Staffing LLC, (“Spherion”) would like to amend the annual estimated expenditure amount for the current Renewal 1 term of September 2, 2021 through August 31, 2022. Both the City and Spherion mutually agree that due to an increased demand for temporary staffing services, the annual estimated expenditure for the current Renewal 1 term shall be increased by Ninety Thousand and No/100 Dollars ($90,000.00) for a revised amount of One Hundred Ninety Thousand and No/100 Dollars ($190,000). 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 amendment and renewal 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 Purchasing Manager Page 186 of 259 LETTER AMENDMENT 1 Contract No. 21300395, Temporary Employment Services ACCEPTED AND APPROVED: SPHERION STAFFING LLC By: _______________________________ Name: _______________________________ Title: _______________________________ Date: _______________________________ CITY OF COLLEGE STATION, TEXAS _______________________________ City Manager Date: _______________ APPROVED: _______________________________ City Attorney Date: _______________ _______________________________ Asst. City Manager/CFO Date: _______________ Page 187 of 259 Holder Identifier : 7777777707070700077761616045571110777717007305556307452026673417311072650576046331130772415113077011207127111667220457074277324230332600762715446304665707261100461027530076727242035772000777777707000707007 7777777707070700073525677115456000722005402472117107123226353173001071232273421731110702222635216311007122337252063110071322362531730010712333724306310007122237342162111077756163351765540777777707000707007Certificate No : 570094542205 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/14/2022 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). 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. PRODUCER Aon Risk Services South, Inc. Atlanta GA Office 3550 Lenox Road NE Suite 1700 Atlanta GA 30326 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 22667ACE American Insurance CompanyINSURER A: 43575Indemnity Insurance Co of North AmericaINSURER B: 20702ACE Fire Underwriters Insurance Co.INSURER C: 37273AXIS Insurance CompanyINSURER D: 26247American Guarantee & Liability Ins CoINSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 Zurich American Ins Co 16535 CONTACTNAME: Spherion Staffing, LLC c/o Risk Management 3625 Cumberland Blvd., Ste. 600 Atlanta GA 30339 USA COVERAGES CERTIFICATE NUMBER:570094542205 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR 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, Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $100,000 $10,000 $1,000,000 $1,000,000 $1,000,000 F 01/01/2022 01/01/2023GLO824974312 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $1,000,000A10/01/2021 10/01/2022 COMBINED SINGLE LIMIT (Ea accident)ISA H25559952 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $1,000,000 $1,000,000 01/01/2022UMBRELLA LIABE 01/01/2023AUC021337304 RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEB10/01/2021 10/01/2022 All Other States WLRC68910948A 10/01/2021 10/01/2022 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER N / AN AZ MA & CA WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WLRC68911023 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Policy WLRC65892698 WC - AOS covers the state of Texas. City of College Station, its agents, affiliates and subsidiaries are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. A Waiver of Subrogation is granted in favor of City of College Station, its agents, affiliates and subsidiaries in accordance with the policy provisions of the Workers' Compensation policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of College Station Attn: Risk Management PO Box 9960 College Station TX 77842-7960 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Page 188 of 259 AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Numbe See Certificate Numbe 570094542205 570094542205 Aon Risk Services South, Inc. 570000019132 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSURER INSURER INSURER INSURER INSURER(S) AFFORDING COVERAGE Page _ of _ NAIC # Spherion Staffing, LLC TYPE OF INSURANCE POLICY NUMBER LIMITS WORKERS COMPENSATION C SCFC68910985 10/01/2021 10/01/2022 OTHER F E&O-MPL-Primary EOC435913813 01/01/2022 01/01/2023 Ea Claim / Aggregate $1,000,000 WI Claims-Made w/CyberLiab. N/A ADDL INSD INSR LTR SUBR WVD POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) SIR applies per policy terms & conditions ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 189 of 259 Schedule of Insureds AGENCY CUSTOMER ID: ADDITIONAL REMARKS SCHEDULE LOC #: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER NAMED INSUREDAGENCY See Certificate Numbe See Certificate Numbe Aon Risk Services South, Inc. 570000019132 570094542205 570094542205 Page _ of _ Spherion Staffing, LLC Randstad North America, Inc. Randstad Professionals US, LLC DBA: Randstad Engineering Randstad Healthcare Randstad Life Sciences Randstad Sourceright Tatum Randstad North America, Inc. DBA: Randstad Federal LLC Randstad Technologies, LLC Pareto Law Inc. Randstad RiseSmart, Inc. Monster Worldwide, Inc. Randstad General Partner US LLC Randstad US LLC Celerity IT LLC ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 190 of 259 July 28, 2022 Item No. 8.10. Project Number WA1957431/WW1957430 Woodson Village Utility Rehabilitation Project Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action on a Change Order No. 4 to a construction contract with Elliott Construction, LLC. in the amount of $139,148, for construction services related to the Woodson Village Utility rehabilitation Project. Relationship to Strategic Goals:  Core Services and Infrastructure Recommendation(s): Staff recommends the approval of the change order. Summary: An aged vitrified clay sanitary sewer line located between Barthelow Dr and Texas Ave has deteriorated causing several line blockages. This segment is just east of the current project boundary adjacent to 1200 Holik Dr. The existing line is a 6-inch diameter vitrified clay line, approximately 307 LF in length, and a 8-inch diameter vitrified clay line, approximately 517 LF in length. Pipe Bursting this entire length to 8-inch diameter was determined to be the preferred construction method and was the most cost effective. Budget & Financial Summary: A combined total budget in the amount of $7,115,000 is included for these projects in the Water and Wastewater Capital Improvement Projects Funds. A combined total of $6,208,608 has been expended or committed to date, leaving a combined balance of $906,392 for this change order and future expenses. Attachments: 1. Woodson Village Rehab Project Map 2. Change Order 4 Page 191 of 259 FAIRVIEWAVENUETIMBERSTREETANDERSONSTREETGLADESTREETBIZZELLSTREETCO KE STREETLEWISSTREETLEWISSTREETALPINECIRCLENEWTONROADSWISSCOURTOAKDALECIRCLEANGUSAVENUETOWNPLACEDRIVEWELSHAVENUEARCTICDEXTERDRIVE WESTANNASTREETKERRYSTREETBURTSTREETTRINITYPLACEHIGHLANDSSTREETMARYEMSTREETELEANORSTREETAYRSHIRESTREETMEDIN A DRIVE AURORACOURTGUNSMITHSTREETBARTHELOWDRIVEC AR O LIN ASTR EETMONTCLAIRAVENUELANGFORDSTREETPERSHINGAVENUEOLDJERSEYSTREETTHOMPSONSTREETEDWARDSTREETPARKPLACECAUDILLSTREETD E X TERD R IV E SOUTHD ETR O ITSTR EETHOLIK STREETVILLAGEDRIVEG EO R G IASTR EETS UFFOLKA VENUELEE AVENUELEMONTREELANEPINERIDGEDRIVELAWYERSTREETLAURALANESOUTHWESTPARKWAYHOLLEMANDRIVEW E L L B O R N R O A DGEORGEBUSH DRIVEDEXTERDRIVELUTHERSTREET¯Woodson Village RehabNote: The accuracy of this data is limited to the validity and accuracy of available data, and therefor the city makes no representation or warranties as to the accuracy of the data. Any party using the data does so at their own risk. This data is produced pursuant to the Texas Public Information Act. For specific questions regarding this map contact Planning and Development Services.Page 192 of 259 CHANGE ORDER NO. 4 DATE: July 18, 2022 Contract No. 21300088 P.O.# 21201535 PROJECT: Woodson Village Utility Rehabilitation OWNER:CONTRACTOR: City of College Station Elliott Construction P.O. Box 9960 PO BOX 510 Ph: 979- 690- 7071 College Station, Texas 77842 Wellborn, TX 77881 Fax: 979- 690- 7152 PURPOSE OF THIS CHANGE ORDER: ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST CO4.1 LS Pipe Bursting Additional Mobilization $22,500.00 0 1 $22,500.00 CO4.2 LS Erosion and Sedimentation Control $800.00 0 1 $800.00 CO4.3 LF 8" HDPE (DR-17) Sanitary Sewer Pipe by Pipe Bursting $122.00 0 824 $100,528.00 CO4.4 SY Saw Cut and remove driveway pavement (including removal and disposal of concrete debris). Full depth cement stabilized sand backfill. Temporary 6-inch base fill to make passable to traffic. Permanent HMAC pavement repairs. $185.00 0 10 $1,850.00 CO4.5 LS Bypass Pumping $500.00 0 1 $500.00 CO4.6 EA Connect to Existing Manhole $1,000.00 0 1 $1,000.00 CO4.7 EA 4" Sanitary Sewer Service Connection $1,150.00 0 8 $9,200.00 CO4.8 EA 6" Sanitary Sewer Service Connection $1,385.00 0 2 $2,770.00 TOTAL $139,148.00 LINE 1 (WTWOC-6581/WA1957431)$0.00 LINE 2 (WTWOC-6581/WA1957431)$0.00 LINE 3 (WTWOC-6581/WA1957431)$0.00 LINE 4 (SCWOC-6590/WW1957430)$0.00 LINE 5 (SCWOC-6590/WW1957430)$0.00 LINE 6 (SCWOC-6590/WW1957430)$139,148.00 TOTAL CHANGE ORDER $139,148.00 ORIGINAL CONTRACT AMOUNT $5,055,913.00 CHANGE ORDER NO. 1 $126,859.60 2.51%CHANGE CHANGE ORDER NO. 2 $32,770.00 0.65%CHANGE CHANGE ORDER NO. 3 $76,340.00 1.51%CHANGE CHANGE ORDER NO. 4 $139,148.00 2.75%CHANGE REVISED CONTRACT AMOUNT $5,431,030.60 7.42% TOTAL CHANGE ORIGINAL CONTRACT TIME 330 Days Time Extension No. 1 93 Days Time Extension No. 2 45 Days Revised Contract Time 468 Days SUBSTANTIAL COMPLETION DATE 5-May-22 REVISED SUBSTANTIAL COMPLETION DATE 20-Sep-22 APPROVED ____________________________________________________________________________________ A/E CONTRACTOR Date DEPARTMENT DIRECTOR Date ___________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date ___________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Dat ___________________________________________________________________________________ CITY ENGINEER Dat CITY MANAGER Dat Revised 2012 0719 THE NET AFFECT OF THIS CHANGE ORDER IS 2.75% INCREASE. A. Additional Sewer Line Repair and Rehabilitation: At the request of the City of College Station's Water Services Department additional repairs will be made to sewer lines near the project, but outside its boundaries. A sanitary sewer line located between Barthelow Dr and Texas Ave. This segment is approximately 1800 ft east of the current of the project boundary adjacent to 1200 Holik Dr. The existing line is a 6-inch diameter clay vitrified clay line, approximately 307 LF in length, and 8-inch diameter vitrified clay, approximately 517 LF in length. Water Services has requested that the contractor pipe burst this line, upsizing it to an 8-inch diameter line, where needed. Additional Time: This additional work adds 45 days to the contract. Substantial completion is now expected on 20 September, 2022. Page 193 of 259 July 28, 2022 Item No. 9.1. BVSWMA, Inc. FY2023 Budget Sponsor: Pete Caler, Assistant Director of Public Works Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding the Fiscal Year 2023 BVSWMA, Inc. budget. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends the Council approve the FY2023 BVSWMA, Inc. Budget. Summary: The BVSWMA, Inc. proposed budget was considered and approved by the BVSWMA, Inc. Board of Directors on June 15, 2022. According to the BVSWMA, Inc., By-Laws and Operating Agreement, the BVSWMA budget will be presented to the College Station and Bryan City Councils for consideration after being approved by the BVSWMA Board. It is anticipated that the City of Bryan will consider this item on July 12, 2022. Budget & Financial Summary: The FY2023 BVSWMA, Inc. Budget Revenue is $10,511,100. The Operating Expenses are $8,509,372 and Capital Expenses are $4,056,500. The Total Reserves, Cash, & Investments are $13,094,445. The budget also reduces the gate rate for both owning cities from $13.00 to $12.00 per ton. Attachments: 1. BVSWMA FY23 Budget Page 194 of 259 BVSWMA, Inc. Budget Fiscal Year Ending September 30, 2023 APPROVED AND ADOPTED BY VOTE OF THE BOARD OF DIRECTORS OF THE BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY, INC. AT A REGULAR MEETING HELD ON THE 15TH DAY OF JUNE, 2022. APPROVED: ______________________________ Page 195 of 259 Twin Oaks Landfill Gate Rates Page 196 of 259 Twin Oaks Gate Rates City of Bryan City of College Station Non-City FYE Gate Rate Gate Rate 2011 $21.50 $27.00 2012 $21.50 $27.00 2013 $21.50 $27.00 2014 $21.50 $27.00 2015 $21.19 $26.69 2016 $21.19 $26.69 2017 $20.50 $26.69 2018 $20.00 $26.69 2019 $18.50 $26.69 2020 $17.50 $28.00 2021 $15.00 $28.00 Current 2022 $13.00 $28.00 Proposed 2023 $12.00 $30.00 Projected 2024 $12.00 $30.00 Gate Rate includes $0.94/ton TCEQ Fee City rate for special waste remains $15.00/ton. Page 197 of 259 Current Current Minimum Proposed FY 2023 Proposed FY 2023 Minimum Gate Rate 28.00$ 2.00$ 30.00$ 2.00$ Special Waste Rate 38.44$ 38.44$ 40.00$ 40.00$ Hard to Handle Rate 28.00$ 2.00$ 50.00$ 50.00$ Current Current Minimum Proposed FY 2023 Proposed FY 2023 Minimum Gate Rate 21.50$ 8.50$ 23.00$ 10.00$ Sludge 21.50$ 23.00$ 10.00$ Other 3rd Party Rates Landfill Compost Page 198 of 259 BVSWMA, Inc. Fiscal Year Ending 2023 Budget Overview Page 199 of 259 Approved Projected Proposed 2022 2022 2023 Budget Results Budget Revenue 9,369,600$ 10,616,233$ 10,511,100$ Operating Expense 7,505,383$ 7,852,330$ 8,509,372$ Captial Expense 3,439,000$ 3,560,718$ 4,056,500$ Total Expense 10,944,383$ 11,413,048$ 12,565,872$ Cash & Investments (Working Capital)3,765,062$ 6,236,444$ 5,266,769$ Reserves Rock Prairie Road Closure/Post Closure 2,422,857$ 1,991,181$ 1,900,673$ Twin Oaks Closure & Post Closure 3,184,973$ 3,292,251$ 3,664,920$ BDF - Interim cover & pre-closure 638,427$ 665,926$ 762,082$ BDF - Pipeline relocation 745,538$ 777,190$ -$ BDF - Gas System 295,523$ 283,758$ -$ BDF - Debt Reserve 500,000$ 500,000$ 500,000$ DBF - Cell Development Reserve 1,000,000$ 1,000,000$ 1,000,000$ Total Reserves 8,787,318$ 8,510,306$ 7,827,675$ Total Reserves, Cash & Investments 12,552,380$ 14,746,750$ 13,094,445$ Notes: BDF = Board Designated Fund Page 200 of 259 BVSWMA, Inc. Fiscal Year Ending 2023 Operation Budget Page 201 of 259 Current Projected Results Results FYE2022 FYE2022 FYE2023 (March 31, 2022)Budget Operating Revenue 6 Landfill Volume - Tons City of College Station 35,533 70,711 70,000 City of Bryan 30,934 63,538 65,000 Third Party 178,950 317,231 300,000 245,416 451,479 435,000 FYE2023 Landfill Rates TCEQ Gate Fee Rate City of College Station 11.06$ 0.94$ 12.00$ City of Bryan 11.06$ 0.94$ 12.00$ Third Party 29.06$ 0.94$ 30.00$ Landfill Net Revenue City of College Station 774,200 City of Bryan 718,900 Third Party 8,718,000 Total Landfill Revenue 5,643,916 10,412,031 10,211,100 Compost Revenue 164,147 164,147 300,000 Other Operating Revenue 40,055 40,055 - Total Operating Revenue 5,848,118 10,616,233 10,511,100 Operating Expenses Other Expenses Debt Service Interest - City of College Station 49,525 93,300 93,300 Debt Service: Interest - City of Bryan 42,371 109,631 109,631 Bad Debt 0 0 600 Contingency 0 0 150,000 Community Support HHW 246,267 600,000 600,000 Community Support - Other 3,900 15,000 15,000 Total Other Expenses 342,063 817,931 968,531 Maintenance Expense Computer Software 10,398 30,000 31,000 Office Maint-Other 0 0 1,000 Office Maint-Equipment 0 0 1,000 Office Maint-Furniture 0 2,000 2,500 Office Maint-Computer 0 0 1,000 Maint.-Building 13,066 26,131 31,250 Maint.-Grounds 19,745 39,489 50,000 Maint.-Fence & Gates 0 2,000 5,000 V&E Maint-Machine/Tool 0 1,000 2,000 V&E Maint-Heavy Equipment 279,732 559,463 500,000 V&E Maint-Radios 4,264 8,528 11,800 V&E Maint-Phones 1,836 3,671 5,000 V&E Maint-Pages/Other 2,592 5,185 19,000 V&E Maint-Pumps/Motors 332 5,000 20,000 V&E Maint-Motor Vehicle 3,258 6,516 15,000 V&E Maint-Other 1,050 2,100 3,500 Wet Weather Access 74,208 175,000 200,000 Other Total 0 0 - Total Maintenance Expense 410,479 866,084 899,050 Closure, Post Closure & Pre Post Closure Closure Accrual - Twin Oaks 84,604 169,209 186,335 Post-Closure Accrual - Twin Oaks 108,202 216,404 186,335 Pre-Post Closure - Twin Oaks 49,822 99,643 96,156 Total Closure, PC, and Pre-PC 242,628 485,255 468,825 Purchased Services Advertise-Promotional 5,279 10,558 10,000 Insurance-Premium 44,360 88,720 100,000 Page 202 of 259 Other Serv-Other 4,845 12,000 18,000 Other Serv-Contract Labor 45,688 91,377 75,000 Other Serv-Security 0 5,000 18,000 Printing-External 183 700 1,500 Printing-Signs & Banners 2,623 5,246 7,500 Prof Serv-Audit 16,050 32,100 35,000 Prof Serv-Engineering 104,857 209,715 175,000 Prof Serv-Legal 29,602 59,204 45,000 Prof Serv-Medical 0 0 1,000 Prof Serv-Spec Studies 0 35,000 35,000 Prof Serv-Other 102,316 204,633 205,000 Rentals-Equipment 35,540 71,081 65,000 Sundry-Credit Card Fees 30,612 61,225 73,000 Sundry-Freight 12,433 24,866 30,000 Sundry-Permits & Licenses 2,336 4,671 5,000 Sundry-Penalty & Interest 14 29 500 Sundry-Postage 865 2,000 2,500 Sundry-Bank Service Charge 284 567 - Tech Serv-Janitorial 22,395 44,790 50,000 Tech Serv-Pest Control 1,865 3,729 4,500 Tech. Svcs.-Inspect & Lic. Fees 7,573 9,000 15,000 Training-In-house Training 0 0 1,000 Training-Memberships 2,993 5,986 7,000 Training-Outside Training 0 7,500 15,000 Training-Subscriptions 1,533 2,800 2,500 Training-Travel & Lodging 10 100 7,000 Util Serv-Cable Services 1,859 3,718 4,000 Util Serv-Disposal Fees 17,053 34,106 40,000 Util Serv-Electric 25,351 50,703 55,000 Util Serv-Local Phone 748 1,496 3,500 Util Serv-Long Distance Phone 0 0 - Util Serv-Mobile Phone 4,764 9,527 12,000 Util Serv-Water 6,072 25,000 30,000 Total Purchased Services 530,104 1,117,145 1,148,500 Salaries & Benefits Administrative 249,531 499,062 517,000 Fulltime Labor 567,560 1,135,121 1,424,000 Overtime 218,150 436,300 450,000 Bonuses 22,066 44,133 40,000 FICA/Medicare & Unemployment 76,637 153,275 168,000 Retirement 142,924 285,848 336,000 Group Health Insurance 206,340 412,680 475,000 Group Life Insurance 3,721 7,443 9,000 Workers Compensation 33,402 66,803 70,000 Unemployment Compensation 0 0 - Education Reimbursement 0 0 - Group LT Disability 3,644 7,288 9,000 Taxable Employee Benefits -4,505 -9,010 7,800 Non-Taxable Employee Benefits 90 181 - Supplemental Insurance 15,874 31,747 35,000 Total Salaries & Benefits 1,535,435 3,070,870 3,540,800 Supplies Office Supplies - General 6,411 12,821 15,000 Office Supplies - Computer 361 722 - Office Supplies - Educate 0 0 - Office Supplies-Minor Equipment 470 2,000 3,000 Office Supp.-Computer Hardware 314 8,000 10,000 Office Supp.-Computer Software 0 1,000 2,000 Office Supplies - Other 0 0 - Botanical 0 0 - V&E-Oil 24,730 49,461 60,000 V&E-Fuel 9,904 19,808 32,000 V&E-Diesel 351,283 702,566 1,000,000 V&E-Minor Tools 3,873 7,747 10,000 V&E-Other 2,547 5,094 7,000 Awards-Recognition 0 0 - Clothing-Accessory 0 0 - Clothing-Uniforms 7,717 15,433 20,000 Chemical-Janitorial 5,582 11,165 14,000 Chemical-Botanical 0 0 - Chemical-Pesticide 0 500 1,000 Page 203 of 259 Chemical-Other 0 0 - Crew-Safety 5,929 11,857 15,000 Misc Supply-Promo Mater 0 1,500 1,500 Misc Supply-Goodwill 176 450 2,500 Misc Supply-Food & Ice 6,363 12,727 12,000 Misc Supply-Other 11,537 23,073 20,000 0 0 Total Supplies 437,197 885,923 1,225,000 Total Operating Expenses before Amort & Dep 3,497,907 7,243,209 8,250,706 Net Operating Income (Loss) before Amort & Dep 2,350,212 3,373,024 2,260,394 Amortization & Depreciation Amortization Exp - LF 26,929 53,858 45,000 Depreciation Exp - LF 1,157,907 2,315,813 1,650,000 Depreciation Exp - Compost 36,702 73,404 100,000 Depreciation Exp - Training Facility 21,305 42,610 40,000 Total Amortization & Depreciation 1,242,843 2,443,075 1,835,000 Non-operating Revenue (Expenses) Interest Income/Other 10,821 21,642$ 20,000$ Non Operating Revenue 1,353 2,706$ 1,500$ Pipeline Relocation Cost -56,176 (112,351)$ -$ Gas System Build-out -(228,300)$ -$ Host Fees -146,409 (292,818)$ (280,166)$ Total Non-operating Revenue (Expense)(190,411)$ (609,121)$ (258,666)$ Page 204 of 259 BVSWMA, Inc. Capital and Reserves Projection Page 205 of 259 11 12 13 14 15 16 17 18 19 20 21 22 FYE 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 City of College Station 70,000 70,000 71,400 72,828 74,285 75,770 77,286 78,831 80,408 82,016 83,656 City of Bryan 65,000 65,000 66,300 67,626 68,979 70,358 71,765 73,201 74,665 76,158 77,681 Third Party 300,000 300,000 306,000 312,120 318,362 324,730 331,224 337,849 344,606 351,498 358,528 Total 435,000 435,000 443,700 452,574 461,625 470,858 480,275 489,881 499,678 509,672 519,865 City Net Rate 11.06$ 11.06$ 11.06$ 11.06$ 11.06$ 11.06$ 11.06$ 11.06$ 11.06$ 11.06$ 3rd Party Net Rate 29.06$ 29.06$ 29.06$ 29.06$ 29.06$ 29.06$ 29.06$ 29.06$ 29.06$ 29.06$ Capacity remaining 86%84%82%81%79%78%76%74%72%71%69%67% Starting Capacity (Tons)24,421,720 23,753,041 23,318,041 22,883,041 22,439,341 21,986,767 21,525,141 21,054,283 20,574,008 20,084,128 19,584,449 19,074,777 Accepted (Tons)668,679 435,000 435,000 443,700 452,574 461,625 470,858 480,275 489,881 499,678 509,672 519,865 Ending capacity (Tons)23,753,041 23,318,041 22,883,041 22,439,341 21,986,767 21,525,141 21,054,283 20,574,008 20,084,128 19,584,449 19,074,777 18,554,912 Landfill Revenue 10,211,100 10,415,322 10,623,628 10,836,101 11,052,823 11,273,879 11,499,357 11,729,344 11,963,931 12,203,210 Compost Revenue 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 Other Operating Revenue - - - - - - - - - - Total Operating Revenue 10,616,233 10,511,100 10,715,322 10,923,628 11,136,101 11,352,823 11,573,879 11,799,357 12,029,344 12,263,931 12,503,210 Operating Expenses Other Expenses Debt Service Interest - City of College Station 81,550 69,050 55,675 41,550 26,675 14,400 4,875 - - - Debt Service: Interest - City of Bryan 98,231 86,431 74,031 60,831 47,013 32,138 16,625 - - - Bad Debt 600 600 600 600 600 600 600 600 600 600 Contingency 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 150,000 Community Support HHW 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 600,000 Community Support - Other 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 Total Other Expenses 817,931 945,381 921,081 895,306 867,981 839,288 812,138 787,100 765,600 765,600 765,600 Maintenance Expense Computer Software 31,000 31,620 32,252 32,897 33,555 34,227 34,911 35,609 36,321 37,048 Office Maint-Other 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 Office Maint-Equipment 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 Office Maint-Furniture 2,500 2,550 2,601 2,653 2,706 2,760 2,815 2,872 2,929 2,988 Office Maint-Computer 0 0 0 0 0 0 0 0 0 0 Maint.-Building 31,250 31,875 32,513 33,163 33,826 34,503 35,193 35,896 36,614 37,347 Maint.-Grounds 50,000 51,000 52,020 53,060 54,122 55,204 56,308 57,434 58,583 59,755 Maint.-Fence & Gates 5,000 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 5,975 V&E Maint-Machine/Tool 2,000 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 V&E Maint-Heavy Equipment 500,000 510,000 520,200 530,604 541,216 552,040 563,081 574,343 585,830 597,546 V&E Maint-Radios 11,800 12,036 12,277 12,522 12,773 13,028 13,289 13,554 13,826 14,102 V&E Maint-Phones 5,000 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 5,975 V&E Maint-Pages/Other 19,000 19,380 19,768 20,163 20,566 20,978 21,397 21,825 22,262 22,707 V&E Maint-Pumps/Motors 20,000 20,400 20,808 21,224 21,649 22,082 22,523 22,974 23,433 23,902 V&E Maint-Motor Vehicle 15,000 15,300 15,606 15,918 16,236 16,561 16,892 17,230 17,575 17,926 V&E Maint-Other 3,500 3,570 3,641 3,714 3,789 3,864 3,942 4,020 4,101 4,183 Wet Weather Access 200,000 204,000 208,080 212,242 216,486 220,816 225,232 229,737 234,332 239,019 Other Total 0 0 0 0 0 0 0 0 0 0 Total Maintenance Expense 866,084 898,050 916,011 934,331 953,018 972,078 991,520 1,011,350 1,031,577 1,052,209 1,073,253 Closure, Post Closure & Pre Post Closure Closure Accrual - Twin Oaks 186,335 190,061 193,863 197,740 201,695 205,729 209,843 214,040 218,321 222,687 Page 206 of 259 Post-Closure Accrual - Twin Oaks 186,335 190,061 193,863 197,740 201,695 205,729 209,843 214,040 218,321 222,687 Pre-Post Closure - Twin Oaks 96,156 98,079 100,040 102,041 104,082 106,164 108,287 110,453 112,662 114,915 Total Closure, PC, and Pre-PC 485,255 468,825 478,202 487,766 497,521 507,472 517,621 527,973 538,533 549,303 560,290 Purchased Services Advertise-Promotional 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 11,951 Insurance-Premium 100,000 102,000 104,040 106,121 108,243 110,408 112,616 114,869 117,166 119,509 Other Serv-Other 18,000 18,360 18,727 19,102 19,484 19,873 20,271 20,676 21,090 21,512 Other Serv-Contract Labor 75,000 76,500 78,030 79,591 81,182 82,806 84,462 86,151 87,874 89,632 Other Serv-Security 18,000 18,360 18,727 19,102 19,484 19,873 20,271 20,676 21,090 21,512 Printing-External 1,500 1,530 1,561 1,592 1,624 1,656 1,689 1,723 1,757 1,793 Printing-Signs & Banners 7,500 7,650 7,803 7,959 8,118 8,281 8,446 8,615 8,787 8,963 Prof Serv-Audit 35,000 35,700 36,414 37,142 37,885 38,643 39,416 40,204 41,008 41,828 Prof Serv-Engineering 175,000 178,500 182,070 185,711 189,426 193,214 197,078 201,020 205,040 209,141 Prof Serv-Legal 45,000 45,900 46,818 47,754 48,709 49,684 50,677 51,691 52,725 53,779 Prof Serv-Medical 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 Prof Serv-Spec Studies 35,000 35,700 36,414 37,142 37,885 38,643 39,416 40,204 41,008 41,828 Prof Serv-Other 205,000 209,100 213,282 217,548 221,899 226,337 230,863 235,481 240,190 244,994 Rentals-Equipment 65,000 66,300 67,626 68,979 70,358 71,765 73,201 74,665 76,158 77,681 Sundry-Credit Card Fees 73,000 74,460 75,949 77,468 79,018 80,598 82,210 83,854 85,531 87,242 Sundry-Freight 30,000 30,600 31,212 31,836 32,473 33,122 33,785 34,461 35,150 35,853 Sundry-Permits & Licenses 5,000 5,100 5,202 5,306 5,412 5,520 5,631 5,743 5,858 5,975 Sundry-Penalty & Interest 500 510 520 531 541 552 563 574 586 598 Sundry-Postage 2,500 2,550 2,601 2,653 2,706 2,760 2,815 2,872 2,929 2,988 Sundry-Bank Service Fees - Tech Serv-Janitorial 50,000 51,000 52,020 53,060 54,122 55,204 56,308 57,434 58,583 59,755 Tech Serv-Pest Control 4,500 4,590 4,682 4,775 4,871 4,968 5,068 5,169 5,272 5,378 Tech. Svcs.-Inspect & Lic. Fees 15,000 15,300 15,606 15,918 16,236 16,561 16,892 17,230 17,575 17,926 Training-In-house Training 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 Training-Memberships 7,000 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 8,366 Training-Outside Training 15,000 15,300 15,606 15,918 16,236 16,561 16,892 17,230 17,575 17,926 Training-Subscriptions 2,500 2,550 2,601 2,653 2,706 2,760 2,815 2,872 2,929 2,988 Training-Travel & Lodging 7,000 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 8,366 Util Serv-Cable Services 4,000 4,080 4,162 4,245 4,330 4,416 4,505 4,595 4,687 4,780 Util Serv-Disposal Fees 40,000 40,800 41,616 42,448 43,297 44,163 45,046 45,947 46,866 47,804 Util Serv-Electric 55,000 56,100 57,222 58,366 59,534 60,724 61,939 63,178 64,441 65,730 Util Serv-Local Phone 3,500 3,570 3,641 3,714 3,789 3,864 3,942 4,020 4,101 4,183 Util Serv-Long Distance Phone - - - - - - - - - - Util Serv-Mobile Phone 12,000 12,240 12,485 12,734 12,989 13,249 13,514 13,784 14,060 14,341 Util Serv-Water 30,000 30,600 31,212 31,836 32,473 33,122 33,785 34,461 35,150 35,853 Total Purchased Services 1,117,145 1,148,500 1,171,470 1,194,899 1,218,797 1,243,173 1,268,037 1,293,398 1,319,265 1,345,651 1,372,564 Salaries & Benefits Administrative 517,000 532,510 548,485 564,940 581,888 599,345 617,325 635,845 654,920 674,568 Fulltime Labor 1,424,000 1,466,720 1,510,722 1,556,043 1,602,725 1,650,806 1,700,330 1,751,340 1,803,881 1,857,997 Overtime 450,000 463,500 477,405 491,727 506,479 521,673 537,324 553,443 570,047 587,148 Bonuses 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 FICA/Medicare & Unemployment 168,000 171,360 174,787 178,283 181,849 185,486 189,195 192,979 196,839 200,776 Retirement 336,000 342,720 349,574 356,566 363,697 370,971 378,391 385,958 393,678 401,551 Group Health Insurance 475,000 484,500 494,190 504,074 514,155 524,438 534,927 545,626 556,538 567,669 Group Life Insurance 9,000 9,180 9,364 9,551 9,742 9,937 10,135 10,338 10,545 10,756 Workers Compensation 70,000 71,400 72,828 74,285 75,770 77,286 78,831 80,408 82,016 83,656 Unemployment Compensation 0 0 0 0 0 0 0 0 0 0 Education Reimbursement 0 0 0 0 0 0 0 0 0 0 Group LT Disability 9,000 9,180 9,364 9,551 9,742 9,937 10,135 10,338 10,545 10,756 Taxable Employee Benefits 7,800 7,956 8,115 8,277 8,443 8,612 8,784 8,960 9,139 9,322 Non-Taxable Employee Benefits 0 0 0 0 0 0 0 0 0 0 Supplemental Insurance 35,000 35,700 36,414 37,142 37,885 38,643 39,416 40,204 41,008 41,828 Total Salaries & Benefits 3,070,870 3,540,800 3,634,726 3,731,248 3,830,439 3,932,375 4,037,133 4,144,794 4,255,440 4,369,155 4,486,026 Page 207 of 259 Supplies Office Supplies - General 15,000 15,300 15,606 15,918 16,236 16,561 16,892 17,230 17,575 17,926 Office Supplies - Computer 0 0 0 0 0 0 0 0 0 0 Office Supplies - Educate 0 0 0 0 0 0 0 0 0 0 Office Supplies-Minor Equipment 3,000 3,060 3,121 3,184 3,247 3,312 3,378 3,446 3,515 3,585 Office Supp.-Computer Hardware 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 11,951 Office Supp.-Computer Software 2,000 2,040 2,081 2,122 2,165 2,208 2,252 2,297 2,343 2,390 Office Supplies - Other 0 0 0 0 0 0 0 0 0 0 Botanical 0 0 0 0 0 0 0 0 0 0 V&E-Oil 60,000 61,200 62,424 63,672 64,946 66,245 67,570 68,921 70,300 71,706 V&E-Fuel 32,000 32,640 33,293 33,959 34,638 35,331 36,037 36,758 37,493 38,243 V&E-Diesel 1,000,000 1,020,000 1,040,400 1,061,208 1,082,432 1,104,081 1,126,162 1,148,686 1,171,659 1,195,093 V&E-Minor Tools 10,000 10,200 10,404 10,612 10,824 11,041 11,262 11,487 11,717 11,951 V&E-Other 7,000 7,140 7,283 7,428 7,577 7,729 7,883 8,041 8,202 8,366 Awards-Recognition 0 0 0 0 0 0 0 0 0 0 Clothing-Accessory 0 0 0 0 0 0 0 0 0 0 Clothing-Uniforms 20,000 20,400 20,808 21,224 21,649 22,082 22,523 22,974 23,433 23,902 Chemical-Janitorial 14,000 14,280 14,566 14,857 15,154 15,457 15,766 16,082 16,403 16,731 Chemical-Botanical 0 0 0 0 0 0 0 0 0 0 Chemical-Pesticide 1,000 1,020 1,040 1,061 1,082 1,104 1,126 1,149 1,172 1,195 Chemical-Other 0 0 0 0 0 0 0 0 0 0 Crew-Safety 15,000 15,300 15,606 15,918 16,236 16,561 16,892 17,230 17,575 17,926 Misc Supply-Promo Mater 1,500 1,530 1,561 1,592 1,624 1,656 1,689 1,723 1,757 1,793 Misc Supply-Goodwill 2,500 2,550 2,601 2,653 2,706 2,760 2,815 2,872 2,929 2,988 Misc Supply-Food & Ice 12,000 12,240 12,485 12,734 12,989 13,249 13,514 13,784 14,060 14,341 Misc Supply-Other 20,000 20,400 20,808 21,224 21,649 22,082 22,523 22,974 23,433 23,902 Misc Supply-Survey 0 0 0 0 0 0 0 0 0 0 Total Supplies 885,923 1,225,000 1,249,500 1,274,490 1,299,980 1,325,979 1,352,499 1,379,549 1,407,140 1,435,283 1,463,988 Total Operating Expenses before Amort & Dep 7,243,209 8,226,556 8,370,990 8,518,040 8,667,736 8,820,365 8,978,947 9,144,164 9,317,555 9,517,201 9,721,721 Net Operating Income (Loss) before Amort & Dep 3,373,024 2,284,544 2,344,332 2,405,588 2,468,365 2,532,458 2,594,932 2,655,193 2,711,789 2,746,731 2,781,489 Non-operating Revenue (Expenses) Interest Income 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 Non Operating Revenue 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 1,500 Pipeline Relocation Cost - - - - - - - - - - Gas System Build-out - - - - - - - - - - Host Fees (280,166) (266,220) (271,544) (276,975) (282,515) (288,165) (293,928) (299,807) (305,803) (311,919) Total Non-operating Revenue (Expense)(609,121) (258,666) (244,720) (250,044) (255,475) (261,015) (266,665) (272,428) (278,307) (284,303) (290,419) Cash from Operations 2,763,903 2,025,877 2,099,612 2,155,544 2,212,889 2,271,444 2,328,267 2,382,765 2,433,482 2,462,427 2,491,070 Twin Oaks Closure/Post Closure Reserve Starting 2,919,581$ 3,292,251$ 3,664,920$ 4,045,043$ 4,432,768$ 4,828,248$ 5,231,638$ 5,643,095$ 6,062,781$ 6,490,861$ 6,927,503$ Additional Closure 186,335$ 186,335$ 190,061$ 193,863$ 197,740$ 201,695$ 205,729$ 209,843$ 214,040$ 218,321$ 222,687$ Additional PC 186,335$ 186,335$ 190,061$ 193,863$ 197,740$ 201,695$ 205,729$ 209,843$ 214,040$ 218,321$ 222,687$ Spent -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Ending 2,919,581$ 3,292,251$ 3,664,920$ 4,045,043$ 4,432,768$ 4,828,248$ 5,231,638$ 5,643,095$ 6,062,781$ 6,490,861$ 6,927,503$ 7,372,877$ Rock Prairie Road Closure & Post Closure Reserve 23 22 21 20 19 18 17 16 15 14 13 Starting 2,084,368$ 1,991,181$ 1,900,673$ 1,810,165$ 1,719,657$ 1,629,149$ 1,538,641$ 1,448,133$ 1,357,625$ 1,267,117$ 1,176,609$ Additional -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Spent (93,187)$ (90,508)$ (90,508)$ (90,508)$ (90,508)$ (90,508)$ (90,508)$ (90,508)$ (90,508)$ (90,508)$ (90,508)$ Ending 2,084,368$ 1,991,181$ 1,900,673$ 1,810,165$ 1,719,657$ 1,629,149$ 1,538,641$ 1,448,133$ 1,357,625$ 1,267,117$ 1,176,609$ 1,086,101$ Pre-Post closure allocation Starting 569,771$ 665,926$ 762,082$ 860,161$ 960,201$ 1,062,243$ 1,166,325$ 1,272,489$ 630,776$ 741,228$ 853,890$ Additional 96,156$ 96,156$ 98,079$ 100,040$ 102,041$ 104,082$ 106,164$ 108,287$ 110,453$ 112,662$ 114,915$ Page 208 of 259 Spent -$ -$ -$ -$ -$ -$ -$ (750,000)$ -$ -$ -$ Ending 569,771$ 665,926$ 762,082$ 860,161$ 960,201$ 1,062,243$ 1,166,325$ 1,272,489$ 630,776$ 741,228$ 853,890$ 968,805$ Pipeline Relocation Allocation Starting 683,136$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Additional 94,054$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Spent -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Ending 683,136$ 777,190$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Gas System Build Out Starting 35,560$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Additional 248,198$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Spent -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Ending 35,560$ 283,758$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Working Capital Needs Spent Capital 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Equipment Replacement Wheel Loader (224,900)$ 850 Dozer (362,900)$ Mower (13,833)$ Utility Vehicle (23,985)$ Steam Cleaner -$ Compactor (1,173,400)$ D8 Dozer (863,900)$ Crew Pickup (48,000)$ Fuel Tank (5,000)$ Utility Vehicle (24,000)$ Fuel Service Truck (150,000)$ Broom (60,000)$ Dump Truck (510,000)$ 850 Dozer (365,000)$ 299 Skid Steer addition to fleet (150,000)$ Light Plant (13,500)$ 100KW Generator (70,000)$ Crew Pickup (50,000)$ Roll Off Truck (185,000)$ 4-40yrd Roll Off Containers (28,000)$ Tarp machine & Tarps (90,000)$ Rotochopper (50,000)$ Mechanic Service Truck (125,000)$ 850 Dozer (360,000)$ Compactor (1,100,000)$ Crew Pickup (50,000)$ Utility Vehicle (25,000)$ Dump Truck (520,000)$ Tractor (70,000)$ Shredder (15,000)$ Generator (70,000)$ Water Truck (100,000)$ Trackhoe (600,000)$ 6" Electric Pump (25,000)$ 6" Diesel Pump (40,000)$ ForkLift (50,000)$ 836 Compactor (1,100,000)$ Scarab (400,000)$ Wheel Loader (125,000)$ Crew Pickup (45,000)$ Tahoe (50,000)$ Page 209 of 259 D4 Dozer (110,000)$ Capital Repairs (100,000)$ (100,000)$ (100,000)$ (100,000)$ (100,000)$ (100,000)$ (100,000)$ (100,000)$ (100,000)$ (100,000)$ (100,000)$ Future Estimate (1,600,000)$ (1,600,000)$ (1,600,000)$ (1,600,000)$ (1,600,000)$ (1,600,000)$ Equipment subtotal (2,839,918)$ (1,821,500)$ (1,735,000)$ (1,615,000)$ (1,930,000)$ (1,700,000)$ (1,700,000)$ (1,700,000)$ (1,700,000)$ (1,700,000)$ (1,700,000)$ Debt Service City of College Station (230,000)$ (240,000)$ (260,000)$ (275,000)$ (290,000)$ (305,000)$ (310,000)$ (325,000)$ City of Bryan (285,000)$ (295,000)$ (310,000)$ (320,000)$ (335,000)$ (350,000)$ (365,000)$ (380,000)$ Debt Subtotal (515,000)$ (535,000)$ (570,000)$ (595,000)$ (625,000)$ (655,000)$ (675,000)$ (705,000)$ Capital Projects/Other Landfill Cell Development -$ (1,500,000)$ (500,000)$ -$ -$ (1,500,000)$ (500,000)$ -$ -$ (2,000,000)$ -$ Wind Screens -$ -$ -$ -$ -$ (50,000)$ -$ -$ -$ -$ -$ Twin Oaks site projects (50,000)$ (100,000)$ (100,000)$ (100,000)$ -$ -$ -$ -$ -$ -$ -$ Hybner tract development (50,000)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Gas System Design & permitting -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ East Expansion -$ -$ -$ -$ -$ (100,000)$ (500,000)$ (500,000)$ -$ -$ -$ Twin Oaks Entry/Exit Road Repairs (50,000)$ (100,000)$ -$ -$ -$ -$ -$ -$ -$ -$ Compost Scale (50,000)$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Scale Software & Kiosk -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Gas Plant (5,800)$ Other subtotal (205,800)$ (1,700,000)$ (600,000)$ (100,000)$ -$ (1,650,000)$ (1,000,000)$ (500,000)$ -$ (2,000,000)$ -$ Capital Summary Starting Cash & Investments 7,033,259$ 6,236,444$ 5,266,769$ 4,461,381$ 4,306,925$ 3,964,814$ 2,231,258$ 1,184,525$ 662,290$ 1,895,772$ 658,199$ Equipment Capital (2,839,918)$ (1,821,500)$ (1,735,000)$ (1,615,000)$ (1,930,000)$ (1,700,000)$ (1,700,000)$ (1,700,000)$ (1,700,000)$ (1,700,000)$ (1,700,000)$ Debt Service (515,000)$ (535,000)$ (570,000)$ (595,000)$ (625,000)$ (655,000)$ (675,000)$ (705,000)$ -$ -$ -$ Capital Projects (205,800)$ (1,700,000)$ (600,000)$ (100,000)$ -$ (1,650,000)$ (1,000,000)$ (500,000)$ -$ (2,000,000)$ -$ Non Designated Cash from Operations 2,763,903 2,025,877 2,099,612 2,155,544 2,212,889 2,271,444 2,328,267 2,382,765 2,933,482 2,462,427 2,491,070 Cash from Dissolved BDF's 1,060,948 Ending Cash & Investments 7,033,259$ 6,236,444$ 5,266,769$ 4,461,381$ 4,306,925$ 3,964,814$ 2,231,258$ 1,184,525$ 662,290$ 1,895,772$ 658,199$ 1,449,269$ (9/30/2021) Board Designated Funds Summary Rock Prairie Road C & PC 2,084,368$ 1,991,181$ 1,900,673$ 1,810,165$ 1,719,657$ 1,629,149$ 1,538,641$ 1,448,133$ 1,357,625$ 1,267,117$ 1,176,609$ 1,086,101$ Twin Oaks C&PC 2,919,581$ 3,292,251$ 3,664,920$ 4,045,043$ 4,432,768$ 4,828,248$ 5,231,638$ 5,643,095$ 6,062,781$ 6,490,861$ 6,927,503$ 7,372,877$ BDF - Interim & PPC 569,771$ 665,926$ 762,082$ 860,161$ 960,201$ 1,062,243$ 1,166,325$ 1,272,489$ 630,776$ 741,228$ 853,890$ 968,805$ BDF - Pipeline relocation 683,136$ 777,190$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ BDF - Gas System 35,560$ 283,758$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ BDF - Debt Contingency 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ 500,000$ -$ -$ -$ BDF - Cell Construction Contingency 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ 1,000,000$ Funds Total 7,792,415$ 8,510,306$ 7,827,675$ 8,215,369$ 8,612,627$ 9,019,640$ 9,436,604$ 9,863,716$ 9,551,182$ 9,499,207$ 9,958,002$ 10,427,784$ Total Cash & Funds 14,825,675$ 14,746,750$ 13,094,445$ 12,676,750$ 12,919,552$ 12,984,454$ 11,667,861$ 11,048,242$ 10,213,471$ 11,394,978$ 10,616,201$ 11,877,052$ Page 210 of 259 July 28, 2022 Item No. 9.2. 2021 BVEDC Incentive Compliance Sponsor: Natalie Ruiz, Director of Economic Development Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding the 2021 Incentive Compliance Report by the Brazos Valley Economic Development Corporation. Relationship to Strategic Goals:  Good Governance  Diverse & Growing Economy Recommendation(s): Staff recommend that Council receive the compliance report. Summary: This item is the annual presentation on project compliance from the Brazos Valley Economic Development Corporation. BVEDC staff, along with representatives from Ryan, LLC, a Texas-based tax services and consulting firm, will be present to provide the report. Budget & Financial Summary: N/A Attachments: 1. -- 2021 Compliance Report - BVEDC Board of Directors Presentation 2022-07-21 Page 211 of 259 2021 Incentives Compliance Report July 2022 –College Station City Council Caitlin Glenn Director Credits & Incentives Presented By: Shawn Portales Senior Consultant Credits & Incentives Page 212 of 259 •For 2021,six (6)projects under agreement were monitored for performance compliance by the Brazos Valley Economic Development Corporation on behalf of Brazos County,the City of Bryan,and the City of College Station. Overview & Executive Summary Name Compliance Status Metric Outstanding Amount Owed / Not Paid Advanta Not Compliant Payroll & Investment $50,000 Incentive –Texas A&M R&D Grant Axis Pipe & Tube In Compliance N/A 40% Personal Property Tax Abatement –Brazos County Fuji Film In Compliance N/A $201,000 Cash Incentive –Brazos County $57,600 Cash Incentive –City of Bryan $153,000 Cash Incentive –City of College Station LSPI In Compliance N/A 50% Tax Abatement Cash Incentive –Brazos County 50% Tax Abatement Cash Incentive –City of Bryan Viasat Not Compliant Payroll & Employment 40% Chapter 380/381 Cash Incentive –Brazos County –City of Bryan –City of College Station Wayfair Not Compliant Payroll & Employment N/A: BVEDC Incentives Grants Paid Page 213 of 259 •2021 report highlights companies across multiple targeted industries making investments valued over $394M and providing more than 1,315 quality jobs with local payrolls in excess of $93M. Overview & Executive Summary 2021 Incentives & Combined Impact Company Incentives Payroll Investment Employment Advanta $ 25,000.00 $ 1,976,881.00 $ 1,145,738.00 25 Axis Pipe & Tube 40% Tax Abatement $ 14,340,448.00 $ 198,954,091.00 204 Fuji Film $ 417,600.00 $ 54,900,000.00 $ 108,675,000.00 677 LSPI 50% Tax Abatement $ 2,380,953.00 $ 62,443,066.00 32 Viasat 40% Tax Abatement $ 10,307,913.00 $ 22,959,424.00 120 Wayfair $ 100,000.00 $ 9,953,185.00 $ 635,062.00 258 $ 93,859,380.00 $ 394,812,381.00 1,316 Page 214 of 259 2021 Compliance Report –Advanta US •$80,000 avg annual salary requirement: $79,075.24 (2021) •$50K company incentives grant for R&D engagement with Texas A&M remains available until December 31, 2022 Incentive: Performance Metrics: BVEDC Incentives Grant MILESTONE AMOUNT Ribbon Cutting $25,000 Paid Texas A&M R&D Agreement $50,000 Not Yet Paid PAYROLL INVESTMENT VALUE EMPLOYMENT * REQUIRED ACTUAL * REQUIRED ACTUAL / BCAD * REQUIRED ACTUAL 2017 $2,300,000 $2,415,775 $2,800,000 $2,804,274 20 25 2018 $2,300,000 $2,302,530 $0 $1,015,740 20 27 2019 $2,300,000 $2,381,420 $2,000,000 $928,660 *20 25 2020 $2,300,000 $2,416,059 $2,000,000 $1,240,802 *20 25 2021 $2,300,000 $1,976,881 $2,000,000 $1,145,738 *20 25 2022 $2,300,000 $2,000,000 20 Milestone Notes November 2016 announcement to establish global biotech R&D center in College Station.January 2018 facility ribbon cutting ceremony. •2021 Payroll value includes employee wages & benefits (allowable under incentives agreement) •* Company’s 2021 asset value of $2,588,206 was presented for BCAD review; Company’s 2020 asset value of $2,253,742 presented for BCAD review; Company’s 2019 asset value of $2,070,993 was presented for BCAD review. Page 215 of 259 2021 Compliance Report –Axis Pipe & Tube Incentive: Performance Metrics: Brazos County -Tax Abatement 2013 100%2018 70% 2014 100%2019 70% 2015 100%2020 50% 2016 100%2021 40% 2017 80%2022 30% PAYROLL INVESTMENT VALUE EMPLOYMENT * REQUIRED ACTUAL * REQUIRED BCAD * REQUIRED ACTUAL 2013 0 $37,150 0 $1,393,920 0 5 2014 0 $5,176,813 0 $8,260,230 0 145 2015 0 $8,396,837 0 $179,046,540 0 142 2016 $10,545,000 $9,562,718 $120,000,000 $281,564,050 285 149 2017 $10,545,000 $11,472,493 $120,000,000 $262,073,740 285 204 2018 $10,545,000 $14,957,434 $120,000,000 $275,242,110 285 291 2019 $10,545,000 $16,844,104 $120,000,000 $301,187,830 285 199 2020 $10,545,000 $13,169,198 $120,000,000 $262,506,253 285 193 2021 $10,545,000 $14,340,448 $120,000,000 $198,954,091 285 204* 2022 $10,545,000 $120,000,000 285 City of Bryan -Non-Annexation Agreement During first 3 years of Agreement (2013,2014 and 2015),no payment to the City.For every year thereafter,the payment is equivalent of 50%of the amount the City would have collected in Ad Valorem tax that year. 2021 performance exceeds contracts’ benchmark valuation+salary formula *204 is their peak employment for 2021 calendar year Page 216 of 259 2021 Compliance Report –FUJIFILM Diosynth Biotechnologies Texas @ Biocorridor Incentive: Performance Metrics: Brazos County -Cash Incentive 2017 $266.2K 2021 $207.0K 2018 $236.6K 2022 $207.0K 2019 $207.0K 2023 $147.9K 2020 $207.0K PAYROLL INVESTMENT VALUE EMPLOYMENT REQUIRED ACTUAL REQUIRED BCAD REQUIRED ACTUAL 2015 0 N/A 0 N/A 0 N/A 2016 0 $7,462,958 0 * $84,000,000 0 92 2017 0 $12,000,000 $70,000,000 $26,045,160 0 153 2018 $6,000,000 $16,800,000 $70,000,000 $83,970,590 100 174 2019 $6,000,000 $20,800,000 $70,000,000 $79,759,250 100 257 2020 $6,000,000 $40,500,000 $70,000,000 $78,778,248 100 518 2021 $6,000,000 $54,900,000 $70,000,000 $108,675,000 100 677 2022 $6,000,000 $70,000,000 100 2023 $6,000,000 $70,000,000 100 Bryan -Cash Incentive 2017 $74.0K 2021 $57.6K 2018 $65.8K 2022 $57.6K 2019 $57.6K 2023 $41.1K 2020 $57.6K College Station -Cash Incentive 2017 $196.8K 2021 $153.0K 2018 $174.9K 2022 $153.0K 2019 $153.0K 2023 $109.3K 2020 $153.0K •BCAD 2017 valuation reflected partial facility and only real property – While the Company reported $73,236,000 improvements (real + personal property), the Company opted not to challenge BCAD 2017 valuation and consequently, 2017 incentives were foregone. •Since 2018, BCAD reflects the updated valuation of facility complex.Page 217 of 259 2021 Compliance Report –LSPI •NOV 2017 ribbon cutting (met DEC 2017 requirement) •$62.4M facility investment (met $25M requirement) •BVEDC cash incentives paid Performance Metrics: New PAYROLL INVESTMENT VALUE New EMPLOYMENT * REQUIRED ACTUAL * REQUIRED BCAD * REQUIRED ACTUAL 2016 0 N/A 0 N/A 0 N/A 2017 $1,500,000 $1,697,142 0 $4,489,720 24 28 2018 $1,500,000 $2,464,386 $20,000,000 $41,962,870 24 59 2019 $1,500,000 $1,982,029 $20,000,000 $39,367,630 24 31 2020 $1,500,000 $2,254,705 $20,000,000 $37,826,438 24 25 2021 $1,500,000 $2,380,953 $20,000,000 $62,443,066 24 32 2022 $1,500,000 $20,000,000 24 2023*$1,500,000 $20,000,000 24 2024 $1,500,000 $20,000,000 24 2025**$1,500,000 $20,000,000 24 Contract End Dates * BVEDC ** County/CoB-1st Tier Brazos County –Tax Abatement Cash Incentive (as % of ad valorem taxes assessed/paid) 2018 100%2022 40% 2019 70%2023 30% 2020 60%2024 20% 2021 50%2025 10% City of Bryan –Tax Abatement Cash Incentive (Application of Tier 1 Percentage / Due to Construction by 12.31.17) 2018 100%2021 50%2024 20% 2019 70%2022 40%2025 10% 2020 60%2023 30% BVEDC Incentive -Paid •$31,250 -Bldg Permit •$31,250 -CO Issued CoB 381 Agreement •$75K Rebate Development Fees (CO Issued) Page 218 of 259 2021 Compliance Report –Viasat JAN 19th 2017 groundbreaking APR 10th 2018 opening of $30M facility ($20M investment requirement) * 2020 marks the start of maintaining 280 FTE employees (130 pre-existing and 150 new) and minimum $17.2M payroll for all FTE employees. Statewide numbers were 262. Performance Metrics: PAYROLL INVESTMENT VALUE EMPLOYMENT * REQUIRED ACTUAL * REQUIRED BCAD * REQUIRED ACTUAL 2016 0 N/A 0 N/A 0 N/A 2017 0 N/A 0 $1,498,460 0 26 2018 0 $20,910,000 0 $12,235,320 0 243 2019 0 $23,485,933 $15,000,000 $22,936,360 0 191 2020 $17,200,000 $16,200,000 $15,000,000 $22,959,424 280 229* 2021 $17,200,000 $10,307,913 $15,000,000 $22,959,424 280 120 2022 $17,200,000 $15,000,000 280 2023*$17,200,000 $15,000,000 280 2024**$17,200,000 $15,000,000 280 Contract End Dates * County ** CoB and CoCS Incentives:Brazos County 381 Agreement* and City of Bryan/College Station 380 Agreements County and Cities Cash Incentives (as % of ad valorem taxes assessed/paid)(cont’d) County and Cities Cash Incentives (as % of ad valorem taxes assessed/paid) 2019 80%2022 30% 2020 60%2023 20% 2021 40%2024 10% Page 219 of 259 2021 Compliance Report –Wayfair •1st incentive grant released with $1.98M investment •2nd incentive grant released in July 2018 •3rd / final incentive grant released in January 2020 Incentive: Performance Metrics: BVEDC Incentives Grant MILESTONE AMOUNT Lease Execution $33,333 Paid End of 24-mos $33,333 Paid End of 36-mos $33,333 Paid PAYROLL INVESTMENT VALUE EMPLOYMENT * REQUIRED ACTUAL * REQUIRED BCAD * REQUIRED ACTUAL 2016 0 N/A 0 N/A 0 N/A 2017 0 $10,243,419 $350,000 $1,199,940 0 337 2018 $10,800,000 $10,957,137 $350,000 $1,180,470 300 414 2019 $10,800,000 $14,349,920 $350,000 $1,227,880 300 396 2020 $10,800,000 $15,066,483 $350,000 $1,040,510 300 309 2021 $10,800,000 $9,953,185 $350,000 $637,062 300 258 2022 $10,800,000 $350,000 300 2023 $10,800,000 $350,000 300 BVEDC-BBC Contribution Agreement BBC will release to BVEDC three $16,666.50 tranches that correspond to the company meeting each incentives milestone.All payment tranches were made. Page 220 of 259 2021 Incentives Compliance Report July 2022 –College Station City Council Thank You Page 221 of 259 July 28, 2022 Item No. 9.3. Discussion on the FY 2022-2023 Proposed Budget Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action on the City of College Station FY2022-2023 Proposed Budget. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Hold public hearing on Proposed Budget and receive citizen input. Provide direction to staff on budget. Summary: The City Charter requires that the City Council call and hold a public hearing on the proposed budget; and that after such public hearing, the Council may insert or decrease items so long as the total of any increases and insertions do not increase the total budget by more than 3%. The Proposed Budget was presented to the City Council on July 12, 2022. Three budget workshops were held to review the proposed budgets on July 18th, July 19th and July 20th. On July 12, 2022, the City Council called a public hearing on the FY2022-2023 Proposed Budget. A notice announcing the public hearing was published in accordance with City Charter and State Law requirements. The FY2022-2023 Budget is tentatively scheduled to be adopted on August 11, 2022. Budget & Financial Summary: The following is an overall summary of the proposed budget. Subtotal Operation and Maintenance: $322,505,341 Subtotal Capital: 87,586,042 Total Proposed Budget: $410,091,383 Attachments: None Page 222 of 259 July 28, 2022 Item No. 9.4. UDO Amendment – Cluster Subdivisions Sponsor: Robin Macias Reviewed By CBC: City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Section 5.2 “Residential Dimensional Standards”, and Section 8.3.H.4 “Cluster Development” of the Code of Ordinances of the City of College Station, Texas, regarding cluster developments. Relationship to Strategic Goals:  Good Governance  Diverse & Growing Economy  Sustainable City Recommendation(s): The Planning and Zoning Commission heard this item at their July 7, 2022 meeting where they voted unanimously (6-0) to recommend approval of the ordinance amendment. Staff also recommends approval. Summary: City Council requested that City staff make amendments to the cluster development requirements to incentivize development of cluster subdivisions. At their August 12, 2021 workshop meeting, City Council provided direction that density bonuses would be an appropriate adjustment. Staff spoke with several local single-family developers, specifically those that have utilized College Station’s cluster regulations and those that have not to find what level of density bonus would be considered an incentive and what may be existing in the ordinance that may hinder its utilization. Comments from cluster developers were generally that 1) they utilized the cluster subdivision option because it worked for their business models, 2) that it was good to use when trying to preserve a natural area and work around geographical challenges, and 3) any incentive to increase the developability of property would be welcomed. Comments from developers that have not created cluster subdivisions were that the ordinance was not utilized generally because 1) there is no economic incentive to develop a cluster subdivision as it would be taking land from the development and making it non-revenue, 2) it did not fall within their business models, and 3) that incentives would not create a desire to change the product they offered. Staff researched the cluster regulations of other Texas communities and spoke to their staff members about the utilization of their ordinances. Many of the Texas cities researched did not allow for an increase in density from the underlying zoning district and required a large amount of open space. Staff researched developments within the City of College Station that have utilized the clustering option and those that have not and determined that the current density requirements are not being met with either option. By removing lot size minimums, developers could be given a better opportunity to achieve the current density maximums. This in a way provides a density bonus for developing a cluster subdivision because they can yield more lots per acre of usable land. Removing the minimum lot size for properties within the GS General Suburban zoning district for cluster developments will allow the developer opportunity to create lot sizes that fit their business model Page 223 of 259 while also increasing the overall density closer to the maximum allowed. In order to maintain the character of the Wellborn and Restricted Suburban zoned areas, Staff chose to only remove the minimum lot size for properties zoned GS General Suburban. To be more in line with other communities, staff has increased the minimum amount of open space from 10% to 25% and required that the minimum open space area be 5,000 sq. ft. to provide a more usable space. In summary, this item proposes that properties zoned GS General Suburban will have no lot size minimums to better achieve the maximum density for the zoning district. This item also increases the minimum amount of open space required from 10% to 25% and requires that the minimum open space area be 5,000 sq ft. for all zoning districts. Budget & Financial Summary: N/A Attachments: 1. Ordinance 2. Sec. 5.2. Residential Dimensional Standards Changes 3. Sec. 8.3.H.4 Cluster Developments Changes Page 224 of 259 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 5, “DISTRICT PURPOSE STATEMENTS AND SUPPLEMENTAL STANDARDS,” SECTION 5.2 “RESIDENTIAL DIMENSIONAL STANDARDS,” AND ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS,” SECTION 8.3, “GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN FOR SUBDIVISIONS WITHIN THE CITY LIMITS,” SUBSECTION 8.3.H.4 “CLUSTER DEVELOPMENT”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO CLUSTER DEVELOPMENTS;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 5, “District Purpose Statements And Supplemental Standards,” Section 5.2 “Residential Dimensional Standards,” And Article 8, “Subdivision Design And Improvements,” Section 8.3, “General Requirements And Minimum Standards Of Design For Subdivisions Within The City Limits,” Subsection 8.3.H.4 “Cluster Development”, Of The Code Of Ordinances Of The City Of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” 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 225 of 259 ORDINANCE NO._____ Page 2 of 9 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 226 of 259 ORDINANCE NO._____ Page 3 of 9 Ordinance Form 8-14-17 EXHIBIT A That Appendix A, “Unified Development Ordinance,” Article 5, “District Purpose Statements And Supplemental Standards,” Section 5.2 “Residential Dimensional Standards,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 5.2. Residential Dimensional Standards. The following table establishes dimensional standards that shall be applied within the Residential Zoning Districts, unless otherwise identified in this UDO. Residential Zoning Districts R WE E(N)(P)WRS RS(J)GS(J)(P)T D MHP MF MU Accessory Structures Non-Clustered Residential Zoning Districts Min. Average Lot Area per Dwelling Unit (DU) 3 Acres Average 2 Acres 1 Acre 20,000 SF 10,000 SF Average 5,000 SF 2,000 SF 3,500 SF None None Absolute Min. Lot Area per Dwelling Unit (DU) 2 Acres 2 Acres 1 Acre 20,000 SF 6,500 SF 5,000 SF 2,000 SF 3,500 SF None None Min. Lot Width None 100 (M) 100'(M) 70' 70' 50' None 35'/DU(E) None None Min. Lot Depth None None None None None 100' None 100' None None Min. Front Setback (H) 50' 30' 30' 25' 25' 25'(D) 25'(D) 25'(D) 15' None Max. Front Setback N/A N/A N/A N/A N/A N/A N/A N/A N/A 15'(O) Min. Side Setback 20' 10' 10' 7.5' (Q) 7.5' (Q) 7.5' (Q) (A) 7.5'(C) (A) (B) None Min. Side Street Setback 15' 15' 15' 15' 15' 15' 15' 15' 15' None Max. Side Street Setback N/A N/A N/A N/A N/A N/A N/A N/A N/A 15'(O) Min. Side Setback between Structures(B) N/A 15' 15' 15' 15' 15' 7.5' 15' 7.5' None Min. Rear Setback (L) 50' 20' 20' 20' 20' 20' 20' 20'(F) 20' 20' Max. Impervious Cover(R) 30% 30% 30% 40% 50% 55% 75% 65% >(L) (S) (S) Refer to Section 6.5, Accessory Uses(L) Page 227 of 259 ORDINANCE NO._____ Page 4 of 9 Ordinance Form 8-14-17 Max. Height 35' (G)(K)(L) 35' (G)(K) 35' (G)(K)(L) 35' (G)(K) 35' (G)(K)(L) 2.5 Stories/35' (G)(K)(L) 35' (G)(K)(L) 2.5 Stories/35' (G)(K)(L) (G)(L) (G)(L) Minimum Number of Stories N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 Stories Max. Dwelling Units/Acre (Subdivision Gross) 0.33 0.5 1.0 2.0 4.00 8.0 14.0 12.0 10.0 30.0 N/A Min. Dwelling Units/Acre N/A N/A N/A N/A N/A N/A N/A N/A N/A 12 N/A N/A Clustered Residential Zoning Districts Min. Average Lot Area per Dwelling Unit (DU) 1 Acre 20,000 SF Average 8,000 SF 8,000 SF Average None N/A N/A N/A N/A N/A N/A Absolute Min. Lot Area per Dwelling Unit (DU) 1 Acre 10,000 SF 8,000 SF 6,500 SF None Min. Lot Width 100' (M) 100'(M) None None None Min. Lot Depth None None None None None Min. Front Setback (H) Min. Side Setback Min. Street Side Setback Min. Side Setback between Structures(B) Min. Rear Setback (L) Refer to Section 8.3.H.4, Cluster Development, Specific District Standards Max. Impervious Cover(R) 30% 30% 40% 50% 55% Max. Height 35'(G) (K) 35'(G) (K) 35'(G) (K) 35'(G) (K) 2.5 Stories/ 35'(G) (K)(L) Max. Dwelling Units/Acre (Subdivision Gross) N/A 0.5 1.0 2.0 4.00 8.0 Notes: (A) A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. Page 228 of 259 ORDINANCE NO._____ Page 5 of 9 Ordinance Form 8-14-17 (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single-family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D) Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E) The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. (F) Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. (G) Shall abide by Section 7.2 H., Height. (H) Reference Section 7.2 D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I) Reference Section 7.2 D.1.b for lots with approved rear access. (J) For areas within a Single-Family Overlay District, reference the Neighborhood Prevailing Standards Overlay Districts Section in Article 5 or the Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L) Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M) In subdivisions built to rural street standards, lots shall be a minimum of one hundred (100) feet in width. There is no minimum lot width in cluster subdivisions built to urban street standards. (N) Estate lots that are part of a subdivision existing on or before September 12, 2013 are not permitted to use Cluster Development Standards without rezoning approval, which incorporates the entire subdivision. (O) For MU zoned properties, maximum side street and front setbacks may be measured from the edge of a public easement when it is in excess of the maximum setback. Maximum setbacks may be increased to up to eighty-five (85) feet to accommodate a parking lot between the structure and the street. Maximum setback requirements may be fulfilled through the use of plazas, outdoor dining, and bicycle parking. (P) Reference Section 8.3 H.4.e when using the cluster option in the Wellborn Community Plan area. (Q) Minimum side setback may be reduced to five (5) feet where property on both sides of a lot line is owned and/or developed simultaneously by a single party. Development under reduced side setbacks requires prior approval by the Zoning Official, and must be established by plat. In no case shall a single- family residence be built within fifteen (15) feet of another primary structure. When reduced side setbacks are approved, sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features are prohibited from extending into the required side yard setback (R) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or his/her designee. Work being performed by the homeowner and/or resident that does not require a building permit, that is less than 120 square feet, and that does not cause the lot to exceed the applicable maximum impervious cover, does not require an Impervious Coverage Permit. Page 229 of 259 ORDINANCE NO._____ Page 6 of 9 Ordinance Form 8-14-17 (S) Maximum impervious cover for MF and MU zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the BCS Unified Stormwater Design Guidelines and as approved by the City Engineer or his/her designee. Page 230 of 259 ORDINANCE NO._____ Page 7 of 9 Ordinance Form 8-14-17 EXHIBIT B That Appendix B, “Unified Development Ordinance,” Article 8, “Subdivision Design And Improvements,” Section 8.3, “General Requirements And Minimum Standards Of Design For Subdivisions Within The City Limits,” Subsection 8.3.H.4 “Cluster Development” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: 4.Cluster Development. a.General Purpose. A cluster development is intended to provide open space, preserve unique environmental features, or protect the character of rural areas. It is a residential subdivision in which the lots are allowed to be smaller (in area and width) than otherwise required for the underlying, base zoning district, but in which the overall density of all the lots collectively do not exceed the maximum density limit for the underlying zoning district. Through the cluster development option, a subdivision can contain no more lots than would otherwise be allowed for a conventional subdivision in the zoning district, though the individual lots within the development can be smaller than required in a conventional subdivision. The average lot size in a cluster development must be less than the minimum lot size of the base zoning district. Smaller lot sizes within a cluster development are required to be offset by the provision of open space as set forth below. b.Conflict with Other Regulations. If there is a conflict between the cluster development standards of this Section and any other requirement of this UDO, the standards of this Section control. Where no conflict exists, a cluster development is subject to all other applicable requirements of this UDO. c.Where Allowed. Cluster developments are allowed in residential WE Wellborn Estate, E Estate, RS Restricted Suburban, WRS Wellborn Restricted Suburban, and GS General Suburban zoning districts. d.Approval Procedure. Cluster Developments are subject to the subdivision procedures set forth in this UDO. A note shall be provided on the plat that states the subdivision is a cluster development with additional descriptions as necessary. e.Specific District Standards. 1.Wellborn Estate - a.Lot Size. The minimum lot size is one (1) acre as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over one acre and lot widths of one hundred (100) feet may use rural character roads. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 2.Estate - a.Lot Size. The minimum average lot size is twenty thousand (20,000) square feet with an absolute minimum lot size of ten thousand (10,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over twenty thousand (20,000) square feet and lot widths of one hundred (100) feet may use rural character roads. Subdivisions containing any lots below twenty thousand (20,000) square feet must use urban street standards. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. Page 231 of 259 ORDINANCE NO._____ Page 8 of 9 Ordinance Form 8-14-17 c. In the Wellborn Community Plan area, the cluster option may be used only in the area designated Wellborn Preserve-Open on the Comprehensive Plan Land Use and Character Map. 3.Wellborn Restricted Suburban a.Lot Size. The minimum average lot size is eight thousand (8,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 4.Restricted Suburban - a.Lot Size. The minimum average lot size is eight thousand (8,000) square feet with an absolute minimum lot size of six thousand five hundred (6,500) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 5.General Suburban - a.Lot Size. There is no minimum lot size as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. c. In the Wellborn Community Plan area as designated on the Comprehensive Plan Future Land Use and Character Map, the cluster option is not permitted. f.Open Space. 1.Description of Open Space. Any parcel or parcels of land or an area of water, or a combination of land and water within a development site provided and made legally available for the use and enjoyment of all residents of a proposed project. Open space may include amenities such as private outdoor recreation facilities, natural areas, trails, agricultural lands, or stormwater management facilities designed as a neighborhood amenity. Areas encumbered by right-of-way, easements, or utilized as parking may not be counted towards the Open space requirements. Open spaces must be privately owned and maintained by a Home Owners Association (HOA). Common open space must be set aside and designated as an area where no development will occur, other than project-related recreational amenities or passive open space areas. The Commission may require that up to fifty (50) percent of required common open space be useable recreational space, if deemed necessary by the Commission to ensure adequate recreational amenities for residents of the development. 2.Common Open Space Required for Cluster Developments. a.Minimum Requirement. 1. Common open space is required within a cluster development to ensure that the overall density within the development does not exceed the maximum density allowed by the underlying zoning district. 2. Common open space must be provided in an amount of at least twenty- five (25) percent of the gross area of the development. 3. All proposed lots shall have direct access to the common open space, via access easement, sidewalk, or street. Common open space may be located Page 232 of 259 ORDINANCE NO._____ Page 9 of 9 Ordinance Form 8-14-17 at the rear of lots only when the space is designed for active recreation or a design concept is submitted to staff for approval. Examples of active recreation areas may include amenities such as sports fields, hike or bike trails, parks, amenity centers, and golf courses. 4. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The required common open space must be arranged to provide at least thirty (30) percent of the space in at least one (1) contiguous area. The minimum dimensions of such space must be at least twenty-five (25) feet in depth and width. The remaining required common usable open space may be distributed throughout the proposed subdivision, or subdivision phase if applicable, and need not be in one (1) such area; provided, however, no area containing less than five thousand (5,000) square feet will be considered common usable open space. If the required open space totals less than ten thousand (10,000) square feet all required open space shall be in one (1) contiguous area. 5. The common open space requirement shall not be credited toward the parkland dedication requirements specified in the City subdivision ordinance. Page 233 of 259 Created: 2022-05-24 10:30:17 [EST] (Supp. No. 6, Update 5) Page 1 of 4 Sec. 5.2. Residential Dimensional Standards. The following table establishes dimensional standards that shall be applied within the Residential Zoning Districts, unless otherwise identified in this UDO. Click here to access a PDF version of the Residential Zoning Districts table. Residential Zoning Districts R WE E(N)(P)WRS RS(J)GS(J)(P)T D MHP MF MU AccessoryStructuresNon-Clustered Residential Zoning Districts Min. Average Lot Area per Dwelling Unit (DU) 3 acres Average 2 acres 1 Acre 20,000 SF 10,000 SF Average 5,000 SF 2,000 SF 3,500 SF None None Absolute Min. Lot Area per Dwelling Unit (DU) 2 Acres 2 acres 1 Acre 20,000 SF 6,500 SF 5,000 SF 2,000 SF 3,500 SF None None Min. Lot Width None 100 (M) 100'(M) 70' 70' 50' None 35'/DU(E) None None Min. Lot Depth None None None None None 100' None 100' None None Min. Front Setback (H) 50' 30' 30' 25' 25' 25'(D) 25'(D) 25'(D) 15' None Max. Front Setback N/A N/A N/A N/A N/A N/A N/A N/A N/A 15'(O) Min. Side Setback 20' 10' 10' 7.5' (Q) 7.5' (Q) 7.5' (Q) (A) 7.5'(C) (A) (B) None Min. Side Street Setback 15' 15' 15' 15' 15' 15' 15' 15' 15' None Max. Side Street Setback N/A N/A N/A N/A N/A N/A N/A N/A N/A 15'(O) Min. Side Setback between Structures(B) N/A 15' 15' 15' 15' 15' 7.5' 15' 7.5' None Min. Rear Setback (L) 50' 20' 20' 20' 20' 20' 20' 20'(F) 20' 20' Max. Impervious Cover(R) 30% 30% 30% 40% 50% 55% 75% 65% (S) (S) Max. Height 35'(G)(K)(L) 35'(G)(K) 35'(G)(K)(L) 35'(G)(K) 35'(G)(K)(L) 2.5 Stories/35'(G)(K)(L) 35'(G)(K)(L) 2.5 Stories/35'(G)(K)(L) >(L) (G) (L) (G) (L) Refer to Section 6.5, Accessory Uses(L) Page 234 of 259 Created: 2022-05-24 10:30:17 [EST] (Supp. No. 6, Update 5) Page 2 of 4 Minimum Number of Stories N/A N/A N/A N/A N/A N/A N/A N/A N/A 2 Stories Max. Dwelling Units/Acre (Subdivision Gross) 0.33 0.5 1.0 2.0 4.00 8.0 14.0 12.0 10.0 30.0 N/A Min. Dwelling Units/Acre N/A N/A N/A N/A N/A N/A N/A N/A N/A 12 N/A N/A R WE E(N)(P)WRS RS(J)GS(J)(P)T D MHP MF MU AccessoryStructuresClustered Residential Zoning Districts Min. Average Lot Area per Dwelling Unit (DU) 1 Acre 20,000 SF Average 8,000 SF 8,000 SF Average 3,750 SF (P) None N/A N/A N/A N/A N/A N/A Absolute Min. Lot Area per Dwelling Unit (DU) 1 Acre 10,000 SF 8,000 SF 6,500 SF 3,750 SF None Min. Lot Width 100' (M) 100'(M) None None None Min. Lot Depth None None None None None Min. Front Setback (H) Min. Side Setback Min. Street Side Setback Min. Side Setback between Structures(B) Min. Rear Setback (L) Refer to Section 8.3.H.4, Cluster Development, Specific District Standards Max. Impervious Cover(R) 30% 30% 40% 50% 55% Max. Height 35'(G) (K) 35'(G) (K) 35'(G) (K) 35'(G) (K) 2.5 Stories/ 35'(G) (K)(L) Max. Dwelling Units/Acre (Subdivision Gross) N/A 0.5 1.0 2.0 4.00 8.0 Page 235 of 259 Created: 2022-05-24 10:30:17 [EST] (Supp. No. 6, Update 5) Page 3 of 4 Notes: (A) A minimum side setback of seven and one-half (7.5) feet is required for each building or group of contiguous buildings. (B) Lot line construction on interior lots with no side yard or setback is allowed only where the building is covered by fire protection on the site or by dedicated right-of-way or easement. (C) Zero lot line construction of a residence is allowed where property on both sides of a lot line is owned and/or developed simultaneously by single party. Development under lot line construction requires prior approval by the Zoning Official. In no case shall a single-family residence or duplex be built within fifteen (15) feet of another primary structure. See Article 8, Subdivision Design and Improvements, for more information. (D) Minimum front setback may be reduced to fifteen (15) feet when approved rear access is provided, or when side yard or rear yard parking is provided. (E) The minimum lot width for a duplex dwelling may be reduced to thirty (30) feet per dwelling unit when all required off-street parking is provided in the rear or side yard. (F) Minimum rear setback may be reduced to fifteen (15) feet when parking is provided in the front yard or side yard. (G) Shall abide by Section 7.2 H., Height. (H) Reference Section 7.2 D.1.e for lots created by plat prior to July 15, 1970 and designated as Neighborhood Conservation in the Comprehensive Plan Future Land Use and Character Map. (I) Reference Section 7.2 D.1.b for lots with approved rear access. (J) For areas within a Single-Family Overlay District, reference the Neighborhood Prevailing Standards Overlay Districts Section in Article 5 or the Ordinance authorizing the rezoning for Neighborhood Conservation Overlay Districts. (K) Public, civic, and institutional structures shall have a maximum building height of fifty (50) feet in these districts. (L) Reference Easterwood Field Airport Zoning Ordinance regarding height limitations. (M) In subdivisions built to rural street standards, lots shall be a minimum of one hundred (100) feet in width. There is no minimum lot width in cluster subdivisions built to urban street standards. (N) Estate lots that are part of a subdivision existing on or before September 12, 2013 are not permitted to use Cluster Development Standards without rezoning approval, which incorporates the entire subdivision. (O) For MU zoned properties, maximum side street and front setbacks may be measured from the edge of a public easement when it is in excess of the maximum setback. Maximum setbacks may be increased to up to eighty-five (85) feet to accommodate a parking lot between the structure and the street. Maximum setback requirements may be fulfilled through the use of plazas, outdoor dining, and bicycle parking. (P) Reference Section 8.3 H.4.e when using the cluster option in the Wellborn Community Plan area. (Q) Minimum side setback may be reduced to five (5) feet where property on both sides of a lot line is owned and/or developed simultaneously by a single party. Development under reduced side setbacks requires prior approval by the Zoning Official, and must be established by plat. In no case shall a single- family residence be built within fifteen (15) feet of another primary structure. When reduced side Page 236 of 259 Created: 2022-05-24 10:30:17 [EST] (Supp. No. 6, Update 5) Page 4 of 4 setbacks are approved, sills, belt courses, cornices, buttresses, chimneys, flues, eaves, and other architectural features are prohibited from extending into the required side yard setback (R) Maximum impervious cover is to be defined by the applicable zoning district designation unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study as approved by the City Engineer or his/her designee. Work being performed by the homeowner and/or resident that does not require a building permit, that is less than 120 square feet, and that does not cause the lot to exceed the applicable maximum impervious cover, does not require an Impervious Coverage Permit. (S) Maximum impervious cover for MF and MU zoning districts shall be determined by an engineered drainage analysis performed in conjunction with the BCS Unified Stormwater Design Guidelines and as approved by the City Engineer or his/her designee. (Ord. No. 2012-3449 , Pt. 1(Exh. M), 9-27-2012; Ord. No. 2012-3458 , Pt. 1(Exh. A), 11-8-2012; Ord. No. 2013-3471 , Pt. 1(Exh. B), 1-10-2013; Ord. No. 2013-3521 , Pt. 1(Exh. E), 9-12-2013; Ord. No. 2014-3624 , Pt. 1(Exh. D), 12-18- 2014; Ord. No. 2016-3792 , Pt. 1(Exh. C), 7-28-2016; Ord. No. 1(Exh. A), 8-23-2018; Ord. No. 2020-4150 , Pt. 1(Exh. A), 1-23-2020; Ord. No. 2020-4162 , § 1(Exh. A), 3-9-2020) Page 237 of 259 Created: 2022-05-24 10:30:20 [EST] (Supp. No. 6, Update 5) Page 1 of 4 Sec. 8.3. General Requirements and Minimum Standards of Design for Subdivisions within the City Limits. H.Lots. 4.Cluster Development. a.General Purpose. A cluster development is intended to provide open space, preserve unique environmental features, or protect the character of rural areas. It is a residential subdivision in which the lots are allowed to be smaller (in area and width) than otherwise required for the underlying, base zoning district, but in which the overall density of all the lots collectively do not exceed the maximum density limit for the underlying zoning district. Through the cluster development option, a subdivision can contain no more lots than would otherwise be allowed for a conventional subdivision in the zoning district, though the individual lots within the development can be smaller than required in a conventional subdivision. The average lot size in a cluster development must be less than the minimum lot size of the base zoning district. Smaller lot sizes within a cluster development are required to be offset by the provision of open space as set forth below. b.Conflict with Other Regulations. If there is a conflict between the cluster development standards of this Section and any other requirement of this UDO, the standards of this Section control. Where no conflict exists, a cluster development is subject to all other applicable requirements of this UDO. c.Where Allowed. Cluster developments are allowed in residential WE Wellborn Estate, E Estate, RS Restricted Suburban, WRS Wellborn Restricted Suburban, and GS General Suburban zoning districts. d.Approval Procedure. Cluster Developments are subject to the subdivision procedures set forth in this UDO. A note shall be provided on the plat that states the subdivision is a cluster development with additional descriptions as necessary. e.Specific District Standards. 1.Wellborn Estate - a.Lot Size. The minimum lot size is one (1) acre as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over one acre and lot widths of one hundred (100) feet may use rural character roads. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 2.Estate - a.Lot Size. The minimum average lot size is twenty thousand (20,000) square feet with an absolute minimum lot size of ten thousand (10,000) square feet as long Page 238 of 259 Created: 2022-05-24 10:30:20 [EST] (Supp. No. 6, Update 5) Page 2 of 4 as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development, except as noted below. Subdivisions with all lots over twenty thousand (20,000) square feet and lot widths of one hundred (100) feet may use rural character roads. Subdivisions containing any lots below twenty thousand (20,000) square feet must use urban street standards. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. c. In the Wellborn Community Plan area, the cluster option may be used only in the area designated Wellborn Preserve-Open on the Comprehensive Plan Land Use and Character Map. 3.Wellborn Restricted Suburban a.Lot Size. The minimum average lot size is eight thousand (8,000) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 4.Restricted Suburban - a.Lot Size. The minimum average lot size is eight thousand (8,000) square feet with an absolute minimum lot size of six thousand five hundred (6,500) square feet as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. 5.General Suburban - a.Lot Size. The minimum lot size is three thousand seven hundred fifty (3,750) square feet There is no minimum lot size as long as individual lot sizes are adequate to meet all other required density, district, and development standards. There is no set minimum lot width or depth requirement within a cluster development. b.Setbacks and Building Separations. The minimum setback standards of the base zoning district apply along the perimeter of a cluster development. All detached structures within a cluster development must be separated by a minimum distance of ten (10) feet. Page 239 of 259 Created: 2022-05-24 10:30:20 [EST] (Supp. No. 6, Update 5) Page 3 of 4 c. In the Wellborn Community Plan area as designated on the Comprehensive Plan Future Land Use and Character Map, the cluster option is not permitted. f.Open Space. 1.Description of Open Space. Any parcel or parcels of land or an area of water, or a combination of land and water within a development site provided and made legally available for the use and enjoyment of all residents of a proposed project. Open space may include amenities such as private outdoor recreation facilities, natural areas, trails, agricultural lands, or stormwater management facilities designed as a neighborhood amenity. Areas encumbered by right-of-way, easements, or utilized as parking may not be counted towards the Open space requirements. Open spaces must be privately owned and maintained by a Home Owners Association (HOA). Common open space must be set aside and designated as an area where no development will occur, other than project-related recreational amenities or passive open space areas. The Commission may require that up to fifty (50) percent of required common open space be useable recreational space, if deemed necessary by the Commission to ensure adequate recreational amenities for residents of the development. 2.Common Open Space Required for Cluster Developments. a.Minimum Requirement. 1. Common open space is required within a cluster development to ensure that the overall density within the development does not exceed the maximum density allowed by the underlying zoning district. 2. Common open space must be provided in an amount of at least ten (10) twenty-five (25) percent of the gross area of the development., or fifteen (15) percent of the gross area if the development is located in a Growth Area. 3. All proposed lots shall have direct access to the common open space, via access easement, sidewalk, or street. Common open space may be located at the rear of lots only when the space is designed for active recreation or a design concept is submitted to staff for approval. Examples of active recreation areas may include amenities such as sports fields, hike or bike trails, parks, amenity centers, and golf courses. 4. All open space areas shall be part of a larger continuous and integrated open space system within the parcel being developed. The required common open space must be arranged to provide at least thirty (30) percent of the space in at least one (1) contiguous area. The minimum dimensions of such space must be at least twenty-five (25) feet in depth and width. twenty-five (25) feet by twenty-five (25) feet. The remaining required common usable open space may be distributed throughout the building site proposed subdivision, or subdivision phase if applicable, and need not be in one (1) such area; provided, however, no area containing less than one five thousand (1,000) (5,000) square feet will be considered common usable open space. If the required open space totals less than ten thousand (10,000) square feet all required open space shall be in one (1) contiguous area. Page 240 of 259 Created: 2022-05-24 10:30:20 [EST] (Supp. No. 6, Update 5) Page 4 of 4 5. The minimum common open space area must be at least equal to the difference between: a. The actual, average lot area per dwelling unit within the cluster development; and b. The required lot area per dwelling unit for conventional development within the underlying base zoning district. 5. The common open space requirement shall not be credited toward the parkland dedication requirements specified in the City subdivision ordinance. Per Ordinance No. 2011-3308 (January 13, 2011) (Ord. No. 2012-3435 , Pt. 1(Exh. A), 8-9-2012; Ord. No. 2012-3449 , Pt. 1(Exh. K), 9-27-2012; Ord. No. 2012-3458 , Pt. 1(Exh. C), 11-8-2012; Ord. No. 2013-3518 , Pt 1(Exh. A), 9-12-2013; Ord. No. 2013-3521 , Pt. 1(Exh. M), 9-12- 2013; Ord. No. 2013-3522 , Pt. 1(Exh. E), 9-12-2013; Ord. No. 2016-3792 , Pt. 1(Exh. F), 7-28-2016; Ord. No. 2015- 3699 , Pt. 1(Exh. A), 9-21-2015; Ord. No. 2017-3886 , Pt. 1(Exh. A), 5-11-2017; Ord. No. 2017-3930 , Pt. 1(Exh. A), 9- 11-2017; Ord. No. 2018-4034 , Pt. 1(Exh. A), 8-23-2018; Ord. No. 2019-4078 , Pt. 1(Exh. A), 3-14-2019; Ord. No. 2019-4086 , Pt. 1(Exh. A, Exh. B, Exh. C), 3-28-2019; Ord. No. 2020-4161 , § 1(Exh. E), 3-9-2020; Ord. No. 2020- 4187, Pt. 1(Exh. A), 6-11-2020 ) Page 241 of 259 July 28, 2022 Item No. 9.5. Saum Resolution and Settlement Agreement Sponsor: Adam Falco, Interim City Attorney Reviewed By CBC: City Council Agenda Caption:Presentation, discussion, and possible action regarding adoption of a resolution approving a settlement agreement between the City of College Station and Olga S. Kucerak, as Independent Executrix Of The Estate Of Gerry L. Saum, Deceased, and as Independent Administrator Of The Estate Of Susan M. Wood, Deceased (Olga Kucerak), resolving all litigation between the parties, and to provide for the City’s purchase of 102.25 acres of land located generally along N. Dowling Road in South Brazos County, Texas, from Olga Kucerak for a purchase price of $3,578,750. Relationship to Strategic Goals: Good Governance Recommendation(s): That the City Council adopt the resolution approving the settlement agreement. Summary: Since 2017, the City has been involved in litigation concerning the sale of approximately 102.25 acres of land to the City for a regional park. To settle the litigation, the City negotiated the attached settlement agreement providing for the City’s purchase of the land for the price of $35,000.00 per acre for a total purchase price of $3,578,750.00 and providing for the mutual release of all claims related to this matter. Budget & Financial Summary: The budget for this settlement is included in Community Zones A, B and AB. The appropriation of those funds will be included on Budget Amendment #4. Attachments: 1. Saum Resolution and Settlement Executed by Seller Page 242 of 259 RESOLUTION NO._______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS WITH RESPECT TO THE CITY OF COLLEGE STATION, TEXAS, V. GERRY L. SAUM, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF SUSAN M. WOOD, DECEASED, CAUSE NO. 17-002742-CV-361 AND CAUSE NO. 615- CC. WHEREAS, since 2017, the City of College Station, Texas, has been involved in ongoing litigation as cited above concerning the sale of approximately 102.25 acres of land (the “Land”) to the City for use as a regional park; and WHEREAS, the City has negotiated to resolve both lawsuits with the sale of the Land to the City at a price of $35,000.00 per acre; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council approves the Settlement Agreement and Release of All Claims, as attached in Exhibit “A”, for a total purchase price not to exceed $3,578,750.00. PART 3: That the City Council authorizes the Mayor to execute the Settlement Agreement and Release of All Claims on behalf of the City of College Station. PART 4: That this Resolution shall take effect immediately from and after its passage. ADOPTED this day of , 2022. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Page 243 of 259 EXHIBIT A SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 244 of 259 CAUSE NO. 17-002742-CV-361 CITY OF COLLEGE STATION, § IN THE DISTRICT COURT Plaintiff § § vs. § 361st JUDICIAL DISTRICT § GERRY L. SAUM, INDIVIDUALLY, AND § AS INDEPENDENT EXECUTOR OF THE § ESTATE OF SUSAN M. WOOD, DECEASED, § Defendant § BRAZOS COUNTY, TEXAS (“Breach of Contract Lawsuit”) NO. 615-CC THE CITY OF COLLEGE STATION, TEXAS Plaintiff, v. GERRY L. SAUM, INDIVIDUALLY, AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF SUSAN M. WOOD, DECEASED Defendant. § § § § § § § § § § § § § IN THE COUNTY COURT AT LAW NUMBER 2 OF BRAZOS COUNTY, TEXAS (“Condemnation Lawsuit”) SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS (the “Agreement”) is made and entered into by and between the City of College Station, Texas (“College Station”) and Olga S. Kucerak, as Independent Executrix Of The Estate Of Gerry L. Saum, Deceased, and as Independent Administrator Of The Estate Of Susan M. Wood, Deceased (“Olga Kucerak”), all collectively referred to as the “Parties.” Page 245 of 259 2 WHEREAS, College Station, Plaintiff, is a home-rule municipal corporation organized and operating under the laws of the State of Texas, and having the right of eminent domain and power of condemnation; and WHEREAS, the Estates of Gerry L. Saum and Susan M. Wood own approximately 102.25 acres of land situated in the Childress A-95 and Yates A-248 surveys, Brazos County, Texas of which the City of College Station, Texas seeks to acquire a fee simple title, more particularly described in the metes and bounds description attached hereto as “Exhibit A” and incorporated herein for all purposes (the “Property”); and WHEREAS, on October 18, 2017, College Station filed an action in Brazos County District Court, thereby initiating a lawsuit captioned City of College Station, Texas v. Gerry L. Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased, Cause No. 17- 002742-CV-361, seeking injunctive relief and specific performance of a real estate purchase contract for the sale of the Property to College Station (the “Breach of Contract Lawsuit”); and WHEREAS, on February 25, 2019, Ms. Saum filed a Second Amended Answer and Counterclaims in the Breach of Contract Lawsuit, wherein Ms. Saum asserted counterclaims including, but not limited to, claims for wrongful injunction, fraud, and negligent misrepresentation; and WHEREAS, on February 13, 2020, Ms. Saum filed a Third Amended Answer and Counterclaims in the Breach of Contract Lawsuit, asserting counterclaims for fraud; and WHEREAS, on or about September 16, 2021, an Original Petition was filed in Brazos County, in the County Court at Law No. 2, captioned City of College Station v. Gerry L. Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood., Deceased, Cause No.615-CC (the “Condemnation Lawsuit”); and Page 246 of 259 3 WHEREAS, Gerry L. Saum was the Independent Executrix of the Estate of Susan M. Wood, deceased; and WHEREAS, Gerry L. Saum died on October 25, 2021, in San Antonio, Texas; and WHEREAS, Olga Kucerak was appointed to serve as the Independent Executrix of the Estate of Gerry L. Saum, deceased on January 5, 2022; and WHEREAS, the Parties want to resolve all claims, including but not limited to, any and all claims and causes of action relating to or arising out of any contention that could be asserted by any of the Parties in the above styled and numbered proceedings. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the Parties have agreed to the following terms: 1. Olga Kucerak, acting in her capacity of Independent Executrix of the Estate of Gerry L. Saum, deceased, and as the Independent Administrator of the Estate of Susan M. Wood, deceased, hereby releases and forever discharges the City of College Station, its respective officials, agents, servants, employees, and attorneys (the “Kucerak Released Parties”), of and from any and all claims, demands, damages (both pecuniary and non-pecuniary), actions, causes of actions, attorneys’ fees, expenses, court costs, compensation, and all consequential damages, including diminution in value, and all costs and expenses incurred by the Estate of Gerry L. Saum and Estate of Susan M. Wood, its agents, servants, employees, and attorneys, including attorneys’ fees and expert witness fees, purchase or construction costs, engineering, surveying, or land- planning fees or costs, or suits in equity, of whatsoever kind or nature, whether heretofore or hereafter accruing or whether or not now known or not known to the Parties, with respect to the Property, the above styled and numbered Condemnation Lawsuit and Breach of Contract Lawsuit. Page 247 of 259 4 2. The City of College Station releases and forever discharges Olga Kucerak, individually and acting in her capacity of Independent Executrix of the Estate of Gerry L. Saum, deceased, and as Independent Administrator the Estate of Susan M. Wood, deceased, along with their respective agents, representatives, employees, heirs, devisees, beneficiaries, trustees, successors, assigns, entities (whether or not incorporated or registered), attorneys, related persons and entities acting by, through and under them (the “City Released Parties”) of and from any and all claims, demands, damages (both pecuniary and non-pecuniary), actions, causes of actions, attorneys’ fees, expenses, court costs, compensation, and all consequential damages, including diminution in value, attorneys’ fees and expert witness fees, purchase or construction costs, engineering, surveying, or land-planning fees or costs, or suits in equity, of whatsoever kind or nature, and all costs and expenses incurred and/or sustained by the City of College Station, whether heretofore or hereafter accruing or whether or not now known or not known to the Parties, with respect to the Property, the above styled and numbered Condemnation Lawsuit and Breach of Contract Lawsuit. 3. Provided that the City of College Station complies with all other terms of this Agreement, Olga Kucerak as Independent Executrix of the Estate of Gerry L. Saum, deceased and as the Independent Administrator the Estate of Susan M. Wood, deceased, agrees to convey all of their rights, title and interest to the Property to College Station by Special Warranty Deed attached hereto as Exhibit “B,” and incorporated herein by this reference. The City of College Station further acknowledges by acceptance of the Special Warranty that it is accepting the Property “AS- IS AND WITH ALL FAULTS.” 3. College Station agrees to pay to the Estate of Gerry L. Saum, deceased the total sum of $3,578,750.00 at the time of closing. Closing for the sale of the Property shall be held at Page 248 of 259 5 University Title Company, College Station, Texas, within ___21_ days from the full execution of this Agreement by the Parties, or at such time and date as the Parties mutually agree upon in writing. The City of College Station warrants that the College Station City Manager has been given authority to extend, on behalf of the City, the time for closing if both Parties agree in writing to an extension of the Closing for the sale of the Property. 4. Olga Kucerak, acting in her capacity as Independent Executrix of the Estate of Gerry L. Saum, deceased, and as the Independent Administrator the Estate of Susan M. Wood, deceased, agrees that the Estate of Gerry L. Saum, deceased and the Estate of Susan M. Wood, deceased, shall be liable for the ad valorem property taxes for 2022 until the date of the closing. College Station, as a Texas Home-Rule Municipality, is exempt from any taxes assessed and levied against the Property pursuant to Texas Property Code, §11.11; however, College Station recognizes Olga Kucerak, liability for the ad valorem property taxes terminates on the date of closing. The City of College Station further agrees that it shall be liable and shall pay at Closing all closing costs, including but not limited to any fees associated with any survey, title policy fees, document preparation fees, escrow fees and any other fees associated with the closing for the sale of the Property. 5. Each Party to this Agreement is acting voluntarily and on its or his own free will and is in no way relying upon any promise, warranty, representation, or agreement of any kind whatsoever, made directly or indirectly, by any agent, employee, or attorney of the Party being released or any person or firm in privity with the Party being released; and both College Station and Olga Kucerak, Independent Executrix of the Estate of Gerry L. Saum, deceased and as the Independent Administrator of the Estate of Susan M. Wood, deceased, understand that this is a Page 249 of 259 6 full, final and complete settlement of all claims of any kind or character whatsoever, both known or unknown, arising out of those matters described herein. 6. This Agreement is made solely for the purpose of avoiding further costly litigation and for making peace under the facts and circumstances of this particular case, and in entering into this Agreement, neither Party is in any way admitting liability, but each expressly denies liability to the opposing party in the lawsuits described herein or otherwise. 7. Olga Kucerak, Independent Executrix of the Estate of Gerry L. Saum, deceased, and Independent Administrator of the Estate of Susan M. Wood, deceased, hereby covenants and agrees not to sue or institute or cooperate in the institution, commencement, filing or prosecution of any suit, administrative proceeding, demand, claim, or cause of action, whether asserted individually or derivatively, against the City of College Station and the City Released Parties relating to any and all matters made the subject of this Agreement, unless litigation is necessary to enforce the terms of said Agreement. The City of College Station hereby covenants and agrees not to sue or institute or cooperate in the institution, commencement, filing or prosecution of any suit, administrative proceeding, demand, claim, or cause of action, whether asserted individually or derivatively, against Olga Kucerak, individually and in her capacity as Independent Executrix of the Estate of Gerry L. Saum, deceased, and as the Independent Administrator of the Estate of Susan M. Wood, deceased, and the Kucerak Released Parties, relating to any and all matters made the subject of this Agreement, unless litigation is necessary to enforce the terms of said Agreement. 8. Each Party to this Agreement warrants and represents that it or she has read the above and foregoing Agreement, and each Party to this Agreement understands that it is a full, final, and complete settlement and release of all claims held, owned, or possessed in any capacity whatsoever by each releasing Party as against each released Party. Page 250 of 259 7 9. Contemporaneous with the final settlement of all claims by the execution of this Agreement, and delivery of a $3,578,750.00 payment by the City of College Station at closing as set forth under the terms in Paragraph 3 above, all Parties shall by and through their attorneys of record seek dismissal of the claims and counterclaims asserted with prejudice to re-filing same in the Breach of Contract Lawsuit and Condemnation Lawsuit. 10. The Parties warrant that no claims, demands, damages, actions, causes of action or suits in equity hereby released have been assigned to any third party, and that this Agreement is executed without reliance on any statement or representation made by any third party that is not contained herein. 11. The undersigned each warrant that no inducements have been made to any of them on behalf of the Parties released hereby, and that in deciding to release its claims and to execute this Agreement, the Parties have relied solely and only upon their own judgment, and their attorneys’ legal expertise. 12. This Agreement shall be deemed to have been jointly prepared by all Parties hereto, and no ambiguity of this Agreement shall be construed against any Party based upon the identity of the author of this Agreement or any portion thereof. 13. This Agreement shall be governed, construed, interpreted, and the rights of the Parties determined, in accordance with the laws of the State of Texas without regard to the state’s conflict of law principles. 14. The statements and representations contained herein are to be considered contractual in nature and not merely recitations of fact. Page 251 of 259 8 15. In the event any one or more of the provisions of this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity shall not affect any other provision herein. 16. All references herein in the singular shall be construed to include the plural where applicable, the masculine to include the feminine and neuter genders, and all covenants, agreements, and obligations herein assumed by the Parties shall be deemed to be joint and several covenants, agreements, and obligations of the several persons named herein. 17. This Agreement shall be binding on each and every Party to this Agreement, and their successors, officers, directors, employees, assigns, heirs, executors, administrators, agents, legal representatives, and any of the companies or entities associated with them as owners, subsidiaries, or any other related capacity with respect to any and all of the claims that each Party may have, or has brought against the other Party. 18. Each of the signatories signing this Agreement represents and warrants that it is authorized to execute this Agreement and bind its or his principals to the terms and provisions hereof. More specifically, the City of College Station warrants that the City Council of College Station, after proper notice in compliance with applicable law, has approved the terms of this Agreement and voted to give the Mayor of College Station, or his designee, authority to execute this Agreement and thereby bind the City of College Station to each and every term of this Agreement. Each Party warrants that any action required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. 19. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the Parties hereto. Page 252 of 259 9 20. The representations, warranties, covenants, and agreements set forth herein shall survive the execution hereof. 21. This Agreement may be executed in multiple counterparts, each which taken together shall constitute one and the same instrument. The Parties agree that this Agreement contains the entire understanding of the Parties and that no prior agreements, representations, warranties, or understandings, whether written or oral, will be enforceable. 22. The Parties hereto mutually and simultaneously by these presents authorize and direct their respective attorneys to execute and deliver for entry such instruments as may be necessary to obtain dismissal of the above-mentioned litigation (the Breach of Contract Lawsuit and Condemnation Lawsuit), with prejudice, to the rights of all Parties, each Party bearing its own attorney’s fees and costs. The Parties agree that the Effective Date of this Agreement shall be the date by which all parties have executed this Agreement. 23. Each Party hereto acknowledges that it has read and understands the effect of the above and foregoing mutual Agreement, and executes same of its own free will and accord for the purposes and consideration set forth. 24. Each Party hereto agrees to bear its own attorney’s fees and expenses incurred in connection with the Breach of Contract Lawsuit and Condemnation Lawsuit and all other disputes arising between the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement effective this _____ day of ________________, 2022. Page 253 of 259 Page 254 of 259 Page 255 of 259 102 .25 acres Part of Gerry Saum tracts John Childress survey A-95 Brazos County, Texas May 2022 Baseline Corporation PROFESSIONAL SURVEYORS Post Office Box 11979 College Station, TX 77842-1979 (979) 693-2777 TBPLS Firm no. 100302-00 All of that certain tract or parcel of land lying and being situated mostly within the John Childress survey, abstract no. 95, in Brazos County, Texas, being all of that called 57.01 acre tract described in the deed to Gerry L. Saum and Susan M. Wood recorded in volume 2027, page 236 of the Official Public Records of Brazos County, Texas and all of that called 55.46 acre tract described in the deed to Gerry L. Saum recorded in volume 1122, page 277 of the Official Records of Brazos County, Texas, save and except the 1.4318 acre and 0.8709 acre tracts described in Exhibit B of Cause no. 332-CC in the District Court records of Brazos County, Texas and awarded to Brazos County by judgement in December 1996 for North Dowling Road right-of-way, and further save and except the northeast portions of the called 57.01 acre and 55.46 acre tracts which are located northeast of the said 1.4318 acre and 0.8709 acre right-of-way parcels, and being more particularly described as follows: Beginning at a 5/8" iron rod (1 O" tall) found, on the southwest side of a 4" steel fence comer post, marking the most southerly comer of the said Saum 55.46 acre tract, also being the west comer of that 20.798 acre tract described in the deed to Robert F. Bourk recorded in volume 4815, page 209, and being in the northeast line of that 27.77 acre tract described in the deed to Paul R. Hundl and Joanna Hundl recorded in volume 7864, page 244, of the Official Public Records of Brazos County, Texas, from where City of College Station GPS control monument no. 115 bears S 55° 03' 19" W - 1978.1 feet; Thence generally along fence lines and the original survey line between the said Childress survey and the James Hope survey, abstract no. 24 as follows: N 43° 34' 00" W -34.00 feet to a 1/2" iron rod found, on the north side of a 4" steel fence comer post, at the east common comer of the said Hundl tract and that 9.93 acre tract described in the deed to Bryan McGuire and Dee Ann McGuire recorded in volume 16113, page 186 of the Official Public Records of Brazos County, Texas; N 46° 56' 30" W -7.90 feet to a 1/2" iron rod found with a yellow plastic cap stamped "KERR 4502" at the east common comer of the said McGuire tract and that 6.000 acre tract described in the deed to Gregory S. Loe and Sharon L. Loe recorded in volume 5911, page 12 of the Official Public Records of Brazos County, Texas; N 44° 35' 26" W -244.85 feet to a 5/8" iron rod found, on the southwest side of a 4" steel fence comer post, at the east common comer of the said Loe tract and that 12.041 acre tract described in the deed to Heath K. Phillips recorded in volume 13370, page 26 of the Official Public Records of Brazos County, Texas; N 47° 37' 58" W-167.51 feet to a 1/2" iron rod found on the north side ofa 4" steel fence comer post, at the east common comer of the said Phillips tract and that tract conveyed to Bemer Ventures, LLC Series 108 by deed recorded in volume 14462, page 162 of the Official Public Records of Brazos County, Texas; 102.25 acres part of Saum tracts page 1 of 2 EXHIBIT A Page 256 of 259 N 50° 12' 47" W -247.45 feet to a 1/2" iron rod found marking the west common comer of the said Saum and Wood tracts; and N 47° 11' 29" W -718.56 feet to a 1/2" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set in a barbed-wire fenceline for the west comer of this described tract and the west comer of the said Saum and Wood 57.01 acre tract, also being the south comer of that 55.46 acre tract described in the deed to Mrs. Oscar K. (La Vera) Murphy recorded in volume 281, page 1 73 of the Deed Records of Brazos County, Texas; Thence N 42° 04' 55" E -2725.50 feet, along the common line of said 57.01 acre and 55.46 acre tracts, passing at 2175.2 feet a 1/2" iron rod found (on line) at the south comer of that 6.077 acre tract described in the deeds to Donald Ray Murphy recorded in volume 2747, page 343 and volume 2753, page 197, and passing at 2725.1 feet a called 80d nail found (on line) in the top of a wood fence post at the east comer of that 1.323 acre tract described in the deed to Tim Hugghins and Shannon Hugghins recorded in volume 15794, page 190, of the Official Public Records of Brazos County, Texas, to a 1/2" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set for the north comer of this described tract in the southwest right-of-way line of North Dowling Road; Thence through the said 57.01 acre and 55.46 acre tracts, along the south right-of-way boundary of North Dowling Road as awarded to Brazos County by said judgement, generally along a fence line as follows: S 48° 02' 39" E -103.80 feet to 1/2" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set at the beginning of a tangent curve to the left with a radius of 500.00 feet; Along said curve through a central angle of 38° 44' 39", the chord of which bears S 67° 24' 58" E-331.70 feet, to a 5/8" iron rod found at the end of the curve and point tangency; S 86° 47' 18" E-678.60 feet, passing through a 5/8" iron rod (on line) at 449.3 feet found in the common line of the said 57.01 acre and 55.46 acre tracts, to a 1/2" iron rod with an orange plastic cap stamped "JOE ORR BASELINE" set at the beginning of a non-tangent curve to the right with a radius of 715.00 feet; Along said curve through a central angle of 34 ° 46' 00", the chord of which bears S 67° 3 8' 1 O" E-427.23 feet, to a 5/8" iron rod found at the end of the curve; and S 47° 50' 49" E-126.72 feet, along the northeast boundary of the said Saum 55.46 acre tract, to its east comer and the east comer of this described tract, within a cross-tie fence comer post; Thence S 42° 59' 21" W -3423.69 feet, along the entire southeast line of the said 55.46 acre tract, passing through a 1/2" iron rod (on line) at 5.0 feet found in the northwest line of the Lot 1 AND 2, Block 1, DMR ACRES subdivision as described by plat recorded in volume 12690, page 192 of the Official Public Records of Brazos County, Texas, passing at 787.7 feet a 5/8" iron rod found southeast (perpendicular) 2.9 feet, marking the west comer of Lot 1 of said subdivision, and passing through a 2" steel fence comer post (on line) at 1663.9 feet, at or near the north common comer of the said 20.798 acre Bourk tract and that 16.16 acre tract described in the deed to David G. Schmitz and wife, Rose Schmitz recorded in volume 1253, page 26 of the Official Records of Brazos County, Texas, to the Point of Beginning and containing 102.25 acres of land more or less. Bearings are Texas State Plane, Central Zone, NAD83 datum, based on GPS observations referenced to the Leica SmartNet RTK network and checked to City of College Station control monument nos. 115 and 114 (N 5° 53' 50" W). See separate survey exhibit plat dated May 2022. 102 .25 acres part of Saum tracts page 2 of 2 EXHIBIT A Page 257 of 259 EXHIBIT A Page 258 of 259 July 28, 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 259 of 259