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05/23/2024 - Regular Agenda Packet - City Council
College Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: www.microsoft.com/microsoft-teams/join-a-meeting Meeting ID: 223 427 023 174 | Passcode: MvPmTr Phone: 469-480-7460 | Phone Conference: 952 310 468# May 23, 2024 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 Agenda. Executive Session is closed to the public and will be held in the 1938 Executive Conference Room. The City Council may according to the Texas Open Meetings Act adjourn the Open Meeting during the Consent, Workshop or Regular Agendas and return into Executive Session to seek legal advice from the City Attorney regarding any item on the Workshop, Consent or Regular Agendas under Chapter 551, Texas Government Code. 2.1. 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: a. Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas. b. City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas. c. SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services. d. Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. e. CBL & Associates Management, Inc. v. City of College Station, Cause No. 23-003159-CV-85 In The 85th District Court, Brazos County Texas. f. City of College Station v. Clarke and Wyndham, Inc., Real Alchemy, L.P., Real Alchemy 1, L.P., JPJ Investments, a Texas General Partnership, Cause No. 629-CC, in the County Court at Law No. 1 of Brazos County, Texas. 2.2. Personnel {Gov’t Code Section 551.074}; Possible action. The City Council may deliberate the appointment, employment, evaluation, Page 1 of 242 City Council Page 2 May 23, 2024 reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. City Attorney b. City Manager c. Council Self-Evaluation 2.3. Competitive Matters {Gov't Code Section 551.086); Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as that term is defined in Gov't Code Section 552.133 in closed session. The following is a general representation of the subject matter to be considered: a. Power Supply 3.The Open Meeting will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. 4.Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who desires to address the City Council regarding any agenda item other than those items posted for Executive Session must register with the City Secretary two (2) hours before 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. Comments should not personally attack other speakers, Council or staff. Each speaker’s remarks are limited to three (3) minutes. Any speaker addressing the Council using a translator may speak for six (6) minutes. The speaker’s microphone will mute when the allotted time expires and the speaker must leave the podium. 5.Presentation - Proclamations, Awards, and Recognitions. 5.1. Presentation of a proclamation recognizing the George & Barbara Bush Foundation's 41 at 100 Celebration honoring the 100th anniversary of President George H.W. Bush's birth. Sponsors: Michael Ostrowski Attachments: 1. 100th Anniversary of the Birth of George H.W. Bush Proclamation 5.2. Presentation proclaiming the week of May 19 - May 25, 2024, as National Public Works Week. Sponsors: Emily Fisher Attachments: 1. 24 Public Works Week 5.3. Presentation proclaiming May 2024 as National Tennis Month. Sponsors: Tanya Smith Attachments: 1. 24 National Tennis Month 5.4. Presentation of a proclamation celebrating the 50th Anniversary of the Dixie Chicken. Sponsors: Michael Ostrowski Attachments: 1. 24 Dixie Chicken Proclamation 6.Hear Visitors. Page 2 of 242 City Council Page 3 May 23, 2024 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. 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. 7.1. Presentation, discussion, and possible action of minutes for: • May 23, 2024 Council Meeting Sponsors: Tanya Smith Attachments: 1. CCM051324 DRAFT Minutes 7.2. Presentation, discussion, and possible action on a contract for electric overhead distribution construction with Echo Powerline, LLC, not-to-exceed $380,177.68. Sponsors: Timothy Crabb Attachments: 1. 24-029 Bid Tab OH Construction Projects 2. Contract 24300463 -- Echo Power 7.3. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, Traffic and Vehicles, Article IV, Traffic Schedules, Section 38-1002, Traffic Schedule II, four-way stop intersections by adding the intersection of Church Avenue and Stasney Street. Sponsors: Emily Fisher Attachments: 1. Church at Stasney Four Way Stop Ord 5-23-2024 2. Church at Stasney Map 7.4. Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, Traffic and Vehicles, Article IV, Traffic Schedules, Section 38-1002, Traffic Schedule II, four-way stop intersections by adding the intersection of Church Avenue and First Street. Sponsors: Emily Fisher Attachments: 1. Church at First Four Way Stop Ord 5-23-2024 2. Church at First Map 7.5. Presentation, discussion, and possible action on approving annual polymer purchases from SNF Water Science Polydyne, Inc., not to exceed $288,144. Sponsors: Gary Mechler Attachments: 1. 2024 - SNF Polydyne Quote 7.6. Presentation, discussion, and possible action on contracts for the purchase of single phase and three phase transformers for Electric warehouse inventory with: (1) Texas Electric Cooperatives for $243,626.25; (2) KBS Electrical Distributors for $747,262; and (3) Techline, Inc. for $354,923. Total expenditures not-to-exceed $1,345,811.25. Sponsors: Timothy Crabb Attachments: 1. 24-041 Award Summary 8. Workshop Agenda. 8.1. Presentation, discussion, and possible action regarding an update on economic development and tourism strategies, activities, and events. Sponsors: Michael Ostrowski, Brian Piscacek, Jeremiah Cook Page 3 of 242 City Council Page 4 May 23, 2024 Attachments: None 8.2. Presentation, discussion, and possible action regarding a crosswalk on Midtown Drive near Carroll Fancher Way. Sponsors: Emily Fisher Attachments: None 9. Regular Agenda. 9.1. Public Hearing, presentation, discussion, and possible action on Budget Amendment No. 2 amending Ordinance No. 2023-4457 amending the budget for the 2023-2024 Fiscal Year in the amount of $361,631. Sponsors: Mary Ellen Leonard Attachments: 1. FY24 Budget Amend #2 Ordinance 9.2. Presentation, discussion, and possible action on a resolution directing publication of notice of intention to issue Certificates of Obligation, Series 2024; and providing an effective date. Sponsors: Michael DeHaven Attachments: 1. Cert of Obligation Notice Resolution v2 2. DRAFT 2024 Debt Issue 9.3. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from M-1 Light Industrial to SC Suburban Commercial for approximately 2.017 acres, being Lot 11R of the Century Hill Development generally located at 3109 Corsair Dr. Sponsors: Gabriel Schrum Attachments: 1. Vicinity, Aerial, and Small Area Map 2. Background Information 3. Rezoning Exhibit 4. Applicant's Supporting Information 5. Future Land Use Map 6. Rezoning Map 7. Century Hill Ordinance 9.4. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. Sponsors: Robin Macias Attachments: 1. Vicinity Map, Aerial and Small Area Map 2. Comprehensive Plan Exhibit 3. Background Information 4. Applicant's Supporting information 5. Future Land Use Map 6. Nantucket Comp. Plan Ordinance 9.5. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the Page 4 of 242 City Council Page 5 May 23, 2024 zoning district boundaries from R Rural to PDD Planned Development District on approximately 3.25 acres being in the Sterrett D. Smith League, Abstract 210 and a portion of Lot 3, Block 13, Nantucket Phase 2, generally located west of the intersection of Nantucket Drive and State Highway 6 South. Sponsors: Robin Macias Attachments: 1. Vicinity Map, Aerial and Small Area Map 2. Background Information 3. Applicant's Supporting Information 4. Rezoning Exhibit 5. Bulk Variances Letter 6. Proposed Concept Plan 7. Letter to city - fence objection 8. Existing Future Land Use Map 9. Rezoning Map 10. Nantucket PDD Ordinance 9.6. Presentation, discussion, and possible action on Change Order No. 2 for the Northeast Sewer Trunk Line Ph IV Project design contract with Kimley-Horn and Associates, Inc., not to exceed $1,030,400. Sponsors: Jennifer Cain Attachments: 1. NETL Ph IV Design Change Order #2 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 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. Page 5 of 242 City Council Page 6 May 23, 2024 14.Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on May 17, 2024 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 242 May 23, 2024 Item No. 5.1. Proclamation Honoring the 100th Anniversary of George H.W. Bush's Birth Sponsor: Michael Ostrowski, Chief Development Officer Reviewed By CBC: City Council Agenda Caption: Presentation of a proclamation recognizing the George & Barbara Bush Foundation's 41 at 100 Celebration honoring the 100th anniversary of President George H.W. Bush's birth. Relationship to Strategic Goals: • Good Governance Recommendation(s): N/A Summary: N/A Budget & Financial Summary: N/A Attachments: 1. 100th Anniversary of the Birth of George H.W. Bush Proclamation Page 7 of 242 6 Proclamation WHEREAS, President George Bush and First Lady Barbara Bush embraced the City of College Station and were honored to call themselves “citizens” of Aggieland; and WHEREAS, the George Bush Presidential Center has enjoyed being an integral member of the College Station community since its opening in 1997; and WHEREAS, the George & Barbara Bush Foundation is hosting a very special event 41@100: A Celebration of George H.W. Bush to commemorate what would have been President Bush’s 100th birthday; and WHEREAS, the George Bush Presidential Center is poised to open a new Pavilion featuring the UP4141 Locomotive and a former Marine One helicopter, which will be a premiere destination for community members and visitors alike; and WHEREAS, in the spirit of President Bush’s affection for the City of College Station, the George & Barbara Bush Foundation would like to invite all its citizens to participate in the Community Day Celebration on Thursday, June 13, 2024; and WHEREAS, the Bush Library and Museum thanks the citizens of College Station for their support and patronage and looks forward to sharing “the spirit of this place” with guests from around the world for many years to come. NOW, THEREFORE, I, John P. Nichols, by virtue of the authority vested in me as Mayor of the City of College Station, Texas, proclaim June 11-13, 2024, as the 100th Anniversary of the Birth of George H.W. Bush, 41st President of the United States IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 23rd day of May 2024. _________________________ John P. Nichols Mayor Attest: _________________________ Tanya Smith City Secretary Page 8 of 242 May 23, 2024 Item No. 5.2. National Public Works Week Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation proclaiming the week of May 19 - May 25, 2024, as National Public Works Week. Relationship to Strategic Goals: • Good Governance Recommendation(s): Summary: Budget & Financial Summary: Attachments: 1. 24 Public Works Week Page 9 of 242 Proclamation WHEREAS, public works services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets, public buildings, transportation, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform. NOW, THEREFORE, I, John P. Nichols, by virtue of the authority vested in me as Mayor of the City of College Station, Texas, do hereby proclaim the week of May 19th through 25th, 2024 as National Public Works Week and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station, Texas this 23th day of May 2024. John P. Nichols Mayor Attest: Tanya Smith City Secretary Page 10 of 242 May 23, 2024 Item No. 5.3. National Tennis Month Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation proclaiming May 2024 as National Tennis Month. Relationship to Strategic Goals: Recommendation(s): • Good Governance Summary: Budget & Financial Summary: Attachments: 1. 24 National Tennis Month Page 11 of 242 Page 12 of 242 May 23, 2024 Item No. 5.4. 50th Anniversary of Dixie Chicken Sponsor: Michael Ostrowski, Chief Development Officer Reviewed By CBC: N/A Agenda Caption: Presentation of a proclamation celebrating the 50th Anniversary of the Dixie Chicken. Relationship to Strategic Goals: • Good Governance • Diverse and Growing Economy Recommendation(s): N/A Summary: N/A Budget & Financial Summary: N/A Attachments: 1. 24 Dixie Chicken Proclamation Page 13 of 242 Proclamation WHEREAS, The Dixie Chicken, a beloved establishment in the heart of College Station, Texas, is celebrating its 50th anniversary; and WHEREAS, since its inception in 1974, the Dixie Chicken has been a cornerstone of the College Station community, serving as a gathering place for locals, students, and visitors alike; and WHEREAS, the Dixie Chicken has been a hub of entertainment, offering delicious food, drinks, and an atmosphere of tradition that captures the spirit of Aggieland hospitality; and WHEREAS, over the past five decades, the Dixie Chicken has become an iconic symbol of College Station's culture and heritage, fostering friendships, memories, and a sense of belonging among patrons old and new; and WHEREAS, the Dixie Chicken's commitment to supporting local organizations, musicians, and businesses has contributed to the economic vitality and cultural richness of our community; and WHEREAS, on this momentous occasion, we recognize and celebrate the enduring legacy of the Dixie Chicken and the profound impact it has had on the City of College Station. NOW, THEREFORE, I, John P. Nichols, Mayor of the City of College Station, do hereby proclaim June 15, 2024, as "Dixie Chicken Day" in College Station, Texas, and urge all residents to join in commemorating this milestone anniversary and to continue supporting this cherished establishment for generations to come. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of College Station to be affixed this 23rd day of May, 2024. _________________________ John P. Nichols Mayor Attest: _________________________ Tanya Smith City Secretary Page 14 of 242 May 23, 2024 Item No. 7.1. Minutes Sponsor: Tanya Smith, City Secretary Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action of minutes for: • May 23, 2024 Council Meeting Relationship to Strategic Goals: • Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1. CCM051324 DRAFT Minutes Page 15 of 242 CCM 051324 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION MAY 13, 2024 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha Bob Yancy Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the meeting of the College Station City Council was called to order by Mayor Nichols via In-Person and Teleconference at 4:00 p.m. on May 13, 2024, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney and §551.074- Personnel, and the College Station City Council convened into Executive Session at 4:01 p.m. on May 13, 2024, to continue discussing matters pertaining to: 2.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: •Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas; and •City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas; and •SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services; and •Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. Page 16 of 242 CCM 051324 Minutes Page 2 •CBL & Associates Management, Inc. v. City of College Station, Cause No. 23-003159-CV- 85 In The 85th District Court, Brazos County Texas. City of College Station v. POM-College Station, LLC and Wells Fargo Bank, National Association, Cause No. 628-CC, in the County Court at Law No. 1 of Brazos County, Texas. •City of College Station v. Clarke and Wyndham, Inc., Real Alchemy, L.P., Real Alchemy 1, L.P., JPJ Investments, a Texas General Partnership, Cause No. 629-CC, in the County Court at Law No. 1 of Brazos County, Texas. 2.2. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: •City Manager •Council Self-Evaluation 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:00 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Proclamation proclaiming May 21, 2024 as Dedication Day for Tomb of the Unknown Soldier Never Forget Garden Veterans Memorial. Mayor Nichols presented a proclamation to the Never Forget Garden Executive Committee recognizing May 21, 2024 as Dedication Day for Tomb of the Unknown Soldier Never Forget Garden Veterans Memorial. 6. Hear Visitors Comments. Joe Hegwood, College Station, came before Council regarding a citizen petition supporting the funding of the Parks and Recreation department’s plan to convert the Bachmann Park tennis courts to pickleball and expand other pickleball facilities in the city. According to Mr. Hegwood, most cities, like College Station, are planning but are lagging behind in the development of pickleball facilities because of the sports growth. Mark Burris, College Station, presented to the Council with suggestions for introducing pickleball to Emerald Forest Park as an addition to basketball. These would involve: 1. Better lighting - there are poles and lights, but not nearly bright enough; replace with LED lights. 2. Small fence around the pad - maybe 3 feet in height to keep most balls within the court. 3. Paint Pickleball lines on the court, bring your own net for pickleball and keep basketball as well. Marc Chaloupka, College Station, came before Council requesting a traffic study around Art and Myra Bright Park citing several recent accidents the area. He also requests a speed limit change to 25 mph and other measures increase safety be considered. Page 17 of 242 CCM 051324 Minutes Page 3 Tasha Miller, College Station, came before Council to make a statement against the current Palestinians and Israeli war. Neo Jang, College Station, addressed the council with a request to declare Monday, September 30, 2024, through Sunday, October 6, 2024, as a "Week Without Driving." He described how the challenge would operate in College Station, including considering the financial impact, requesting, or paying for trips, considering non-driving options, and considering what matters to people who are not drivers. Campbell Gattis, College Station, came before Council regarding occupancy restrictions and the pressure it puts on certain types of housing in areas of the city. She requested that council work with the students to improve compliance and provide the affordable housing the students and citizens’ desire. Cole Sloan, College Station, came before Council regarding student equality and making students a protected class. He stated that no Aggie should be denied housing because they are a student and should have the same protections against discrimination as other groups. 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 and 7.5 was pulled from Consent for clarification. (7.5) Emily Fisher, Public Works Director stated that Texas Materials Group, Inc. proposed the highest purchase price, with a unit purchase price of $3.02 per ton for a total purchase price of $271,800. Full payment of the lump sum based on the estimated quantity will be due upon notice of award. Awarded vendor will be responsible for submitting certified weight tickets for every truckload. Once all material has been removed, any difference between the estimated quantity and the actual quantity will be settled between the vendor and the City by means of additional payment to the City or returned funds to the vendor. The vendor is responsible for removal and transport of the material. Funds received from the sale will go towards the Roadway Maintenance Fund. (7.2) Timothy Crabb, Electric Director stated TxDOT is requiring the City of College Station Electric Department to relocate electric facilities in conflict with TxDOT’s State Highway (SH) 6 Expansion Project CSJ#1 from the city limit line between the cities of College Station and Bryan to the intersection of SH 6 and Business 6. The original contract with McCord Engineering was approved by Council on July 21, 2022. Due to TxDOT revisions in the project scope and timeline, engineering services through McCord Engineering will require an increase to the contract in the amount of $150,000 and an extension of the completion date to April 1, 2026. 7.1. Presentation, discussion, and possible action of minutes for: •April 25, 2024 Council Meeting 7.2. Presentation, discussion, and possible action on a contract amendment with McCord Engineering, Inc. related to the TxDOT Hwy 6 widening project. This amendment will increase Page 18 of 242 CCM 051324 Minutes Page 4 the contract by $150,000 for a new not-to-exceed amount of $700,000 and extend the contract completion date from April 1, 2024 to April 1, 2026. 7.3. Presentation, discussion, and possible action on a change order increasing the annual contract amount for transformer repair and rebuild services with Greenville Transformer Company, Inc. by $27,127 for a new total of $104,633. 7.4. Presentation, discussion, and possible action on Resolution No. 05-13-24-7.4 to (1) recognize the second Saturday in May as World Migratory Bird Day, (2) support the City's application for Texas Parks and Wildlife's "Bird City Texas" certification, and (3) authorize the City Manager, or his designee, to execute and submit the application and any documents necessary to obtain Bird City Texas certification. 7.5. Presentation, discussion, and possible action on the sale and removal of approximately 90,000 tons of asphalt millings from city property by Texas Materials Group, Inc. for $271,800. 7.6. Presentation, discussion, and possible action on a professional services contract with Studio 16:19, LLC, in the amount of $192,024 for the design and construction of pedestrian improvements, new restroom building, shade structure, splash pad improvements and expansion at the Lincoln Center and Resolution No. 05-13-24-7.6 declaring intention to reimburse certain expenditures with proceeds from debt. 7.7. Presentation, discussion, and possible action on an annual renewal and Amendment #1 to the annual service agreement for locate services for underground utility facilities with USIC Locating Services, LLC, adding locate services for the City's IT fiber and Water SCADA fiber, for a new annual amount not-to-exceed $500,000. 7.8. Presentation, discussion, and possible action on a general services contract for the purchase of a driver safety training simulator from Virage Simulation, Inc. for $166,320. 7.9. Presentation, discussion, and possible action regarding a contract for document scanning services with MCCi, LLC in the amount not to exceed $106,152.22. 7.10. Presentation, discussion, and possible action regarding a contract with Oldham Goodwin Group, LLC for commercial real estate brokerage services for City-owned property in the Midtown Business Park. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding an update on future ballfields and Texas Independence Park. Jennifer Cain, Capital Projects Director, presented an update on future ballfields and Texas Independence Park. There were two online surveys given and two Public Open Houses for the Texas Independence Park and the Future Ballfields. Page 19 of 242 CCM 051324 Minutes Page 5 Texas Independence Park •553 respondents participated: 20% where affiliated with the HOA and 73% said they would use a park at 7300 Rock Prairie Road location. •A Public Open House was held where they engaged with over 40 attendees: Pump Track (152), Trails (121), Dog Park (21), Fishing Pond (8), Disc Golf (8), Pickleball (6), Multipurpose court (4), Splash Pad (3), Open play (3), and Playground (3). Future Ballfields •684 respondents participated: 51% affiliated with a league or club, 59% said they or someone in their household currently use baseball fields and 70% said more baseball fields are needed. •A Public Open House was held where they engaged with over 25 attendees: Little League (186), 12 Baseball (55), Bucks (71), Pride (16), and BVGSA (Brazos Valley Girls Softball Association) (16). •All others affiliated with the following: CSSC, Adult Rec Sports, B.V. Renegades, Blaze Softball, Central Sports, and TX Rebels, to name a few. •Other comments regarding Ballfields stated that the existing fields needed to be updated. Mrs. Cain stated that the next steps for the Future Ballfields at VPAC is the preliminary geotechnical report is under review and then the design contract. Council gave a general consensus on the plan as presented. 8.2. Presentation, discussion, and possible action on an Update to the Parks and Recreation Cost Recovery Policy. Kelsey Heiden, Parks and Recreation Director, stated the Parks and Recreation Advisory Board discussed cost recovery at their October, November, and December meetings. Throughout those discussions, staff captured board member feedback and worked to create an updated continuum and service categories. The Parks and Recreation Advisory Board unanimously supported the updated Parks and Recreation Cost Recovery Continuum at their January 2024 meeting. The Senior Advisory Board discussed cost recovery at their November meeting and provided staff with their recommendations and meeting minutes at their January 2024 meeting. In addition to the updated Parks and Recreation Cost Recovery Continuum and Service Categories, staff is working closely with Fiscal Services to update Appendix L (Recreation Program Revenues and Fee Recovery Direct and Indirect Costs of Recreational Programs) with FY 23 Actual Expenditures to evaluate cost recovery practices. Page 20 of 242 CCM 051324 Minutes Page 6 Example: Aquatics •Daily Admission – Low 21 – 40% Cost Recovery ➢Drop-in Access •Swim Lessons – Low 21 – 40% Cost Recovery ➢Education Enrichment and Inclusion •Tsunami Swim Team – High 61 – 80% Cost Recovery ➢Intermediate Programs •Adamson Lagoon Rental – High 81 – 100% Cost Recovery ➢Enterprise Operations, Permits & Rentals Example: Senior Programs •Current Program ➢Cost Recovery: 10% with Subsidy: 90% ➢Fee: $27 Annually with a Cost Per Program: $0.02 •Proposed Program ➢Cost Recovery: Low 21 – 40% with Subsidy: 79 – 60% ➢$55 Annually with a Cost Per Program: $0.03 Cost Differentiation Resident vs Non-Resident Rates •Non-Resident fee for rentals and memberships = 20% increase •Does not include swim passes, swim team or programs Next Step & Potential Options Next Step •Analyze FY 23 expenditures to evaluate cost recovery practices Potential Options •User fee changes •Expanded ability to pay / scholarship programs •Implement Non-Resident rates for swim passes, swim team and programs •Increase Non-Resident rates to 30% / 50% / 100% Majority of Council would like to see an increase for Non-Residents greater than the 20% proposed and a decrease in the rates for Senior Programs. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4512 amending Appendix A, Unified Development Ordinance, Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to PDD Planned to Development District for approximately 19 acres located southeast of the intersection of Rock Prairie Road and Calaveras Court. Jesse Dimeolo, Planning and Development, stated that this project can be summarized into three main components: Design of a residential subdivision expansion to the existing Midtown Reserve development; Building a multi-use path according to Bicycle, Pedestrian and Greenways Master Plan; Dedicating parkland. Page 21 of 242 CCM 051324 Minutes Page 7 He went on to state that the subject property was acquired by the Midtown Reserve Subdivision developer in November 2022 and has not yet been added to the preliminary plan. A revised preliminary plan will be applied for upon approval of this current rezoning request. Two future streets and one future alley will be built on the property to provide access to the new residential lots. The future alley specifically provides rear-parked cottage green structures that front the adjacent Southeast Park. An adjacent multi-use path in Phase 109 is stubbed to this tract and is proposed to continue through and be built in accordance with the route established in the Bicycle, Pedestrian and Greenways (BPG) Master Plan. This is an important segment as the trail continues to extend southward towards the greater Lick Creek Trail system. The developer proposes to construct more than the required length of path in order to fulfill the connection to the Lick Creek system. According to the BPG Master Plan, the developer is only required to continue the alignment diagonally across the tract and stub to the Southeast Park; but the extension is offered as a community benefit that will help balance the modifications, they are requesting with the PDD rezoning. This additional length of pathway, around 850 feet will be constructed on City parkland and will be generally located along the shared property line, as determined through the platting process. Mr. Dimeolo explained that the applicant is also requesting that the area through which the multi-use path traverses be dedicated as City parkland. Originally, this area was designed as a common area for the Midtown subdivision but is now being proposed to be City parkland. This proposed land dedication will be contiguous to the land already owned by the City in the future Southeast Park. As shown on the Parkland Exhibit attached to the Applicant's Supporting Information Pt. 2, 2.23 acres from the adjacent Phase 109 and 3.08 acres from the subject tract are proposed to be dedicated. The Parks and Recreation Advisory Board voted unanimously to recommend support of the proposed parkland dedication at their meeting on April 9, 2024. The Planning and Zoning Commission voted unanimously to recommend approval of the rezoning request at their meeting on April 18, 2024. Staff recommends approval of the rezoning request. At approximately 7:43 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:43 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024-4512, amending Appendix A, Unified Development Ordinance, Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to PDD Planned to Development District for approximately 19 acres located southeast of the intersection of Rock Prairie Road and Calaveras Court. The motion carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4513 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 GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately 21.15 acres being 49 lots and a common area within Cat Hollow Phase 1 Subdivision and Glenhaven Estates Phase 8 Subdivision, generally located between Brazoswood Drive and Dominik Drive. Jeff Howell, Planning and Development, stated that this request is to rezone a total of approximately 21.15 acres from GS General Suburban to GS General Suburban and ROO Restricted Occupancy Page 22 of 242 CCM 051324 Minutes Page 8 Overlay, being approximately 17.35 acres being 39 lots and a common area within Cat Hollow Phase 1; and 3.80 acres being 10 lots within Glenhaven Estates Phase 8 Mr. Howell explained that this request is to add the ROO, which is a single-family overlay zoning district, to the existing base zoning within these contiguous subdivision boundaries. The ROO is intended to provide subdivision-specific occupancy regulations – not to exceed two unrelated persons per single-family dwelling or accessory living quarter. The ROO Petition Committee, comprised of property owners from each original subdivision, has met all requirements of the ROO application process. The Petition Committee submitted the application materials including the ROO petition for each subdivision. When submitting an application with contiguous subdivisions applying jointly within one application, the fifty (50) percent plus one (1) petition signature threshold of property owners in support of the overlay must be met for each of the original subdivisions that apply jointly. City staff were able to verify that each original subdivision has met the petition signature threshold in support of the requested ROO. The Planning and Zoning Commission heard this item at their April 18, 2024 meeting and recommended 7-0 to approve the rezoning. At approximately 7:50 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:50 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to adopt Ordinance No. 2024-4513, 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 GS General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately 21.15 acres being 49 lots and a common area within Cat Hollow Phase 1 Subdivision and Glenhaven Estates Phase 8 Subdivision, generally located between Brazoswood Drive and Dominik Drive. The motion carried. 9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4514 amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to T Townhouse for approximately 16 acres generally located at 3700 Rock Prairie Road West. Gabriel Schrum, Planning and Development, stated that this request is to rezone approximately 16 acres of land generally located at 3700 Rock Prairie Rd W from R Rural to T Townhouse. The subject property is currently vacant, and it is the applicant’s intent to develop this as a townhome subdivision. The current zoning district of R Rural does not allow for the townhome use and density that the applicant is seeking. The proposed T Townhouse zoning district allows that use by right. The Planning and Zoning Commission heard this item at their April 18th, 2024 meeting and voted unanimously to recommend approval. Staff recommends approval. At approximately 8:01 p.m., Mayor Nichols opened for the Public Hearing. There being no further comments, the Public Hearing was closed at 8:01 p.m. Page 23 of 242 CCM 051324 Minutes Page 9 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4514, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to T Townhouse for approximately 16 acres generally located at 3700 Rock Prairie Road West. The motion carried unanimously. 9.4. Presentation, discussion, and possible action regarding an Oversized Participation Agreement between the City of College Station and Aspire A&M II, LLC and Richmond Builders, Inc. for an amount not to exceed $348,147 for the construction of a sewer line down First Street between Maple Avenue and Patricia Street. Anthony Armstrong, Planning and Development Director, stated that the developer, Aspire A&M II, LLC, is constructing a large mixed-use high-rise development in the City's Northgate District. As part of the project, the developer needed to upsize approximately 703 linear feet of sanitary sewer line to serve the development. This presented an opportunity for the City to partner with the Developer in further upsizing the capacity of this 703 linear feet sewer line and provide an additional 550 linear feet of sanitary sewer upsizing. Upsizing the line in the present will allow the city to better prepare for additional development pressures and projects in the Northgate area. Additionally, this will heavily reduce the impact on future City services by continued shutdown of City streets for future construction related activities. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to approve an Oversized Participation Agreement between the City of College Station and Aspire A&M II, LLC and Richmond Builders, Inc. for an amount not to exceed $348,147 for the construction of a sewer line down First Street between Maple Avenue and Patricia Street. The motion carried unanimously. Mayor Nichols recessed the meeting at 8:08 p.m. The meeting resumed at 8:17 p.m. 9.5 Presentation, discussion, and possible action regarding Ordinance No. 2024-4515 amending Chapter 26, "Miscellaneous Provision and Offenses," of the Code of Ordinances by adding Sec. 26-14 Restricted Occupancy Overlay - Civil Unrelated Overoccupancy, related to overoccupancy. Debbie Eller, Community Service Director, stated that as requested by City Council, this ordinance amends Chapter 26 of the Code of Ordinances to add Sec. 26-14 Restricted Occupancy Overlay - Civil Unrelated Overoccupancy. The ordinance provides a tool for civil enforcement and includes definitions, administrative penalties, and notice requirements. The ordinance contains a civil violation, presumptions, and defenses. The expense for enforcement is included in the General Fund Code Enforcement budget. At approximately 8:19 p.m., Mayor Nichols opened for Citizen Comments. Ben Crockett, College Station, came before Council requesting a postpone until the students are back in town, so they could contribute to this discussion of Civil Unrelated Overoccupancy, related to overoccupancy. Page 24 of 242 CCM 051324 Minutes Page 10 Brigadier General Joe Ramirez, Jr., College Station, came before Council as the Texas A&M University Vice President for Student Affairs stated he is here on behalf of the students requesting Council to delay this item until they return and can contribute to this discussion. He also offered that staff from the Off Campus Student Services participate in future discussions. There being no further comments, the Citizen Comments was closed at 8:23 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, with Councilmember Cunha abstaining, to adopt Ordinance No. 2024-4515, amending Chapter 26, "Miscellaneous Provision and Offenses," of the Code of Ordinances by adding Sec. 26-14 Restricted Occupancy Overlay - Civil Unrelated Overoccupancy, related to overoccupancy. The motion carried. 9.6. Presentation, discussion, and possible action on Resolution No. 05-13-24-9.6 regarding a substantial amendment to the Program Year 2023 Annual Action Plan to reprogram $664,727 of Community Development Block Grant funds to Rental Housing Rehabilitation for the acquisition of housing units to be used as affordable rental housing. Raney Whitwell, Community Development Analyst, stated that following the recent cancelation of the contract with Habitat for Humanity, staff has determined it imperative to reallocate funds towards Rental Housing Rehabilitation. This decision is driven by the necessity to adhere to the timeliness requirement of the Community Development Block Grant, which mandates the expenditure of current grant funding by July 2024. Failure to comply with this mandate may lead to potential reductions in future Community Development Block Grant funding. Moreover, College Station is currently experiencing a shortage of affordable rental units. By prioritizing Rental Housing Rehabilitation, we aim to address this issue and facilitate access to the rental market for families who would otherwise face barriers in College Station. A 30-day public review and comment period began April 9, 2024, and ended May 9, 2024. The amendment was available to be viewed on the City of College Station website Community Development Publication page. Citizens could submit comments by mail, email, or by phone. The amendment includes reprogramming Community Development Block Grant funds as follows: Project Amendment Rental Housing Construction ($67,512) Public Facilities ($110,510) Owner Housing Construction ($486,705) Rental Housing Rehabilitation $664,727 MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 05- 13-24-9.6, approving a substantial amendment to the Program Year 2023 Annual Action Plan to reprogram $664,727 of Community Development Block Grant funds to Rental Housing Rehabilitation for the acquisition of housing units to be used as affordable rental housing. The motion carried unanimously. 9.7. Presentation, discussion, and possible action regarding the adoption of program guidelines for an Acquisition, Rehabilitation, and Disposition program to create income-restricted rental units. Page 25 of 242 CCM 051324 Minutes Page 11 Debbie Eller, Community Services Director, stated that the program guidelines will allow staff to identify properties to be acquired using Community Development Block Grant and/or HOME Investment Partnership Program grant funds. Properties could be single-family homes, duplexes, or multifamily properties. The intent is to identify properties that need rehabilitation to improve the condition. Guidelines include property standards that will meet or exceed existing codes and provide a safe and energy-efficient dwelling for an income-restricted household. She explained that staff will complete needed rehabilitation and convey the move-in ready property to a non-profit housing partner to maintain as an affordable rental unit. The non-profit partner will be selected through a Request for Proposal process that will include the respondent's equity stake as a major factor in the ranking criteria. Property will be conveyed through an agreement that will ensure affordability for a minimum of 15 years. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve the adoption of program guidelines for an Acquisition, Rehabilitation, and Disposition program to create income-restricted rental units. The motion carried unanimously. 10. Council Calendar Council reviewed the calendar. 11. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Councilmember Cunha recognized a recent Cycle with the Council Bike event. Councilmember Maloney recognized the retirement of College Station Police Corporal Robert (Robbie) Turner. 12. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Mayor Nichols reported on the Chamber of Commerce Washington D.C. trip. 13. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or Page 26 of 242 CCM 051324 Minutes Page 12 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 Cunha request an update on phone lines being inoperable at the police and fire dispatch. Councilmember Yancy requested a policy discussion on development agreements and incentivizing affordable housing. 14. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 9:11 p.m. on Monday, May 13, 2024. ________________________ John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary ________________________ Page 27 of 242 May 23, 2024 Item No. 7.2. CSU Electric Overhead Distribution Construction Contract Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action on a contract for electric overhead distribution construction with Echo Powerline, LLC, not-to-exceed $380,177.68. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends awarding a contract for the construction of electrical overhead distribution projects to Echo Powerline, LLC for a not to exceed amount of $380,177.68. Summary: CSU Electric solicited bids for a predetermined selection of electric overhead distribution construction projects. CSU will provide the designs and materials for these projects. The contractor will provide labor and equipment to construct the required electric distribution line replacements and conversions. Nine (9) competitive proposals were received on March 19, 2024, in response to RFP 24-029. The proposals were evaluated and ranked by members of the Electric staff. Echo Powerline, LLC was selected as the highest-ranking proposal based on qualifications and best value for the City. Budget & Financial Summary: Funds for this electric overhead construction contract are budgeted in the Electric Capital Improvements and Maintenance Projects Funds. Attachments: 1. 24-029 Bid Tab OH Construction Projects 2. Contract 24300463 -- Echo Power Page 28 of 242 RFP#24-029 PROJECT PRICING SUMMARY TAB Projects Quality Powerline LLC Echo Powerline, LLC KV power, LLC Higher Power Electrical, LLC. Henkels & McCoy, Inc. Altitude Energy, LLC Atkins Electric Co., Inc Primoris T&D Services, LLC P&G Power Co Summary Summary Summary Summary Mfgno Summary Summary Summary A Aztec St. Pole Replacements 11,445.52$ 35,743.19$ 34,077.14$ 20,675.66$ 30,341.55$ 29,750.00$ 40,917.96$ 47,071.65$ 169,058.98$ B Balcones Dr. Pole Replacements 29,295.04$ 60,679.64$ 43,529.00$ 49,843.30$ 39,557.56$ 69,955.00$ 121,746.18$ 116,018.01$ 309,846.46$ C Feeder 5312 Pole Replacements 6,641.52$ 24,500.73$ 20,308.98$ 10,866.56$ 23,136.60$ 19,000.00$ 13,848.28$ 13,100.42$ 95,794.83$ D Inlow-South College 54,620.17$ 74,111.38$ 98,918.45$ 121,144.98$ 121,102.32$ 161,830.00$ 100,294.73$ 108,465.49$ 480,297.41$ E Marion Pugh Line Upgrade 28,133.25$ 74,041.48$ 60,428.26$ 67,110.76$ 96,411.88$ 93,310.00$ 69,676.51$ 91,593.69$ 257,133.69$ F Pole Changeouts - WDF & Pebble Creek Pkwy 32,821.40$ 37,055.60$ 42,076.58$ 44,831.01$ 48,147.59$ 58,150.00$ 79,077.39$ 87,954.76$ 295,168.44$ G Rock Prairie Area OH Reconductor 60,434.23$ 74,045.66$ 97,705.77$ 84,524.77$ 98,619.80$ 83,864.00$ 226,180.78$ 463,861.18$ 235,487.85$ GRAND TOTAL 223,391.13$ 380,177.68$ 397,044.18$ 398,997.04$ 457,317.30$ 515,859.00$ 651,741.83$ 928,065.20$ 1,842,787.66$ 24-029 OH Construction Projects Pricing Summary RFP#24-029 PROJECT SUMMARY PRICING 1 4/9/2024Page 29 of 242 CONTRACT & AGREEMENT ROUTING FORM 9.12.23 UPDATED 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 30 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 1 CITY OF COLLEGE STATION STANDARD FORM OF CONSTRUCTION AGREEMENT This Agreement is entered into by and between the City of College Station, a Texas home-rule municipal _________________________________________ (the for the construction and/or installation of the following: _________________________________________________________________________________________. 1. DEFINITIONS 1.01 Calendar Day. The term "calendar day" shall mean any day of the week or month, no days being excepted. 1.02 City. The term "City" shall mean and be understood as referring to the City of College Station, Texas. 1.03 1.04 City's Representative. The term "City's Representative" or "Representative" shall mean and be understood as referring to the City Manager or his delegate or delegates, including a project management firm if applicable, who shall act as City's agent. 1.05 Contract Amount. bid prop In the case of a unit price contract, Contract Amount shall mean the sum of the product of all unit prices multiplied by the respective estimated final quantities of work, for all base bid and alternates, as accepted by the City. Except in the event of a duly authorized change order approved by the City as provided in this Agreement, and in in conformity with this Agreement, the City shall pay the Contractor an amount not to exceed:_________________________________________________________ and ______/100 Dollars ($______________________). 1.06 Contract Documents. The term "Contract Documents" shall mean those documents listed in Paragraph 2.01. 1.07 Contractor. The term "Contractor" shall mean the person(s), partnership, or corporation who has agreed to perform the Work contemplated in this Agreement and the other Contract Documents. 1.08 . to Bid for the Project. 1.09 Extra Work. The term "Extra Work" shall mean and include work that is not covered or contemplated by the Contract Documents but that may be required by City's Representative and approved by the City in writing prior to the work being done by the Contractor. 1.10 Final Completion. The term "Final Completion" shall mean that all the Work has been completed, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been made, all documentation and warranties have been submitted, and all closeout documents have been executed and approved by the City. Echo Power, LLC dba Echo Powerline Electric Distribution Construction in Seven Locations, College Station, TX Three Hundred Eighty Thousand One-Hundred Seventy-Seven 68 380,177.68 Page 31 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 2 1.11 Hazardous Substance.The term "Hazardous Substance" shall mean and include any element, constituent, chemical, substance, compound, or mixture, which is defined as a hazardous substance by any local, state or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean- up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). 1.12 Environmental Laws. ate or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws. 1.13 Interpretation of Phrases. Whenever the words "directed", "permitted", "designated", "required", "considered necessary", "prescribed", or words of like import are used, it is understood that the direction, requirement, permission, order, designation, or prescription of City's Representative is intended. Similarly, the words "approved", "acceptable", "satisfactory", or words of like import shall mean approved by, accepted by, or satisfactory to City's Representative. 1.14 Nonconforming work. The term "nonconforming work" shall mean Work or any part thereof that is rejected by Representative as not conforming with the Contract Documents. 1.15 Parties. The "parties" are the City and the Contractor. 1.16 Price Escalation/De-Escalation. - the market for products that are specified herein is considered by both parties to be volatile, and sudden price increases or decreases could occur that are beyond the control of the Contractor, despite its best efforts. Therefore, the parties agree that if there is a bona fide increase or decrease to the Contractor of the material(s) specified herein, the supplier or City may request an equitable adjustment to this contract based on the Producer Price Index for Intermediate Goods, Table B, as it appears in the "Summary Data from the Producer Price Index News Escalation and Price De-Escalation are further outlined in Section 16 Payment. 1.17 Project. The term "Project" shall mean the construction of an improvement to real property where the Work comprises either whole or a part of such construction and which may include construction by the City or separate contractors. 1.18 Project Manager. Manager shall assist the City in performing various administrative and oversight duties relating to the Work, subject to limitations in authority that must be verified by Contractor. Page 32 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 3 1.19 Subcontractor. The term "subcontractor" shall mean and include only those hired by and having a direct contract with Contractor for performance of work on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. 1.20 Substantially Completed. The term "Substantially Completed" means that in the opinion of the City's Representative the Project, including all systems and improvements, is in a condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. Final payment of the Agreement Price, including retainage, however, shall be withheld until Final Completion and acceptance of the Work by the City. Acceptance by the City shall not impair or waive any warranty obligation of Contractor. 1.21 Work. The term "Work" as used in this Agreement shall mean the construction and services required by the Contract Documents and Exhibits, including any duly authorized change orders, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill its obligations. The Work may constitute the whole or a part of the Project. The Work includes but is not limited to all labor, parts, supplies, skill, supervision, transportation, services, and other facilities and all other items needed to produce, construct, and fully complete the Project. 1.22 Working Day. A "working day" means any day not including Saturdays, Sundays, or legal holidays. 2. CONTRACT DOCUMENTS 2.01 The Contract Documents and their priority shall be as follows: (a) This signed Agreement. (b) Addendum to this Agreement. (c) General Conditions, as may be applicable. (d) Special Conditions, as may be applicable. (e) Specifications, including the technical specifications set out at BCS Unified Design Guidelines . (f) Plans. (g) Instructions to Bidders and any other notices to Bidders or Contractor. (h) Performance bond, Payment bonds, Bid bonds and Special bonds. (i) Contractor's Proposal. 2.02 Where applicable, the Contractor will be furnished three (3) sets of plans, specifications, and related Contract Documents for its use during construction. Plans and Specifications provided for use during construction shall be furnished directly to the Contractor only. 2.03 The Contractor shall distribute copies of the Plans and Specifications to suppliers and subcontractors as necessary. The Contractor shall keep one (1) copy of the Plans and Specifications accessible at the work site with the latest revisions noted thereon. For proper execution of the Work contemplated by this Agreement, additional sets of drawings, plans and specifications may be purchased by the Contractor. 2.04 All drawings, specifications, and copies thereof furnished by the City shall not be re-used on other work, and with the exception of one (1) copy of the signed Contract Documents, all documents, including sets of the ion of the Work. All Contract Documents, models, mockups, or other representations are the property of the City. Page 33 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 4 2.05 In the event of inconsistencies within or between parts of the Contract Documents, the Contractor shall (1) provide the better quality or greater quantity of Work, or (2) comply with the more stringent requirement, however, shall not relieve the Contractor of any of the obligations set forth in paragraphs 8.01. and 8.02 of this Agreement. 3. AWARD OF CONTRACT 3.01 Upon the notice of intent to award of the contract by the City, the parties shall execute this Agreement, and the Contractor shall deliver to City's Representative all documents, bonds, and certificates of insurance required herein. 3.02 Time is of the essence of this Agreement. Accordingly, the Contractor shall be prepared to perform the Work in the most expedient and efficient possible manner in order to complete the Work by the times specified in this Agreement for Substantial Completion and Final Completion. In addition, the Contractor's work on the roceed. The notice to proceed may not be given, nor may any Work be commenced, until this Agreement is fully executed and complete, including all required exhibits and other attachments, particularly those required under paragraphs 27 and 28 (Insurance & Bonds). 4. CITY'S REPRESENTATIVE 4.01 The Contractor shall forward all communications, written or oral, to the City through the City's Representative. 4.02 The City's Representative may periodically review and inspect the Work of the Contractor. 4.03 The City's Representative shall appoint, from time to time, such subordinate supervisors or inspectors as City's Representative may deem proper to inspect the Work performed under this Agreement and ensure that said Work is performed in accordance with the Plans and Specifications. 4.04 inspector has authority to reject any of the Work for failure to comply with the Contract Documents and/or applicable laws. 4.05 Should the Contractor object to any orders by any subordinate supervisor or inspector, the Contractor may, within two (2) days from receipt of such order, make written appeal to City's Representative for his decision. 5. INDEPENDENT CONTRACTOR 5.01 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the Work. The Contractor shall have ultimate control over the execution of the Work under this Agreement. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Agreement. Page 34 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 5 5.02 Standard of Care. The Work shall be performed in a good and workmanlike manner, and in accordance with this Agreement, and all applicable laws, codes, and regulations. The construction of the Project is subject to amendments and adjustments to the Contract required by any applicable changes in regulations or requested or approved by in writing by the City. If at any time during the progress of the Work the Contractor becomes aware of any errors or omissions in the Plans or Specifications for this Project or that the Agreement deviates from applicable legal requirements, Contractor shall promptly provide written notice thereof to the City. The Contractor 5.03 The Contractor shall retain personal control and shall give its personal attention to the faithful prosecution and completion of the Work and fulfillment of this Agreement. The Contractor shall be responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. The subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its obligations to the City under this Agreement. The Contractor shall appoint and keep on the Project site during the progress of the Work, including at all times subcontractors are present at the Project site, a competent English speaking Project Manager and/or superintendent and any necessary assistants, all satisfactory to City's Representative, to act as the Contractor's representative and to supervise its employees and subcontractors. All directions given to the Project Manager and/or superintendent shall be binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor is essential to the proper performance of the Work, and lack of such supervision shall be grounds for suspending the operations of the Contractor and is a breach of this Agreement. 5.04 Unless otherwise stipulated, the Contractor shall provide and pay for all labor, materials, tools, equipment, transportation, facilities, and drawings, including engineering, and any other services necessary or reasonably incidental to the performance of the Work by the Contractor. Any additional work, material, or equipment needed to meet the intent of this provision shall be supplied by the Contractor without claim for additional payment, even though not specifically mentioned herein. 5.05 Any injury or damage to the Contractor or the Project caused by an act of God, natural cause, a party or entity not privy to this Agreement, or other force majeure shall be assumed and borne by the Contractor. 6. DISORDERLY EMPLOYEES The Contractor agrees to employ only orderly and competent employees skillful in the performance of the type of work required, and agrees that whenever City's Representative shall inform the Contractor in writing that any person or persons on the Project are, in his opinion, incompetent, unfaithful, or disorderly, such person or person shall be discharged from the Project and shall not again be re-employed on the site or the Project without City's Representative's written permission. 7. HOURS OF WORK The Contractor may work Monday through Friday from 7 a.m. to 6 p.m., exclusive of Saturdays, Sundays, or legal holidays. The Contractor may work overtime, weekends, and holidays only when approved in advance by the City's Representative. The time for Substantial Completion shall not be affected in any way by inclusion of this section or by the City's consent or lack of consent to work outside of the times specified in this Agreement. 8. NATURE OF THE WORK 8.01 It is understood and agreed that the Contractor has, by careful examination, studied and compared the Plans and other Contract Documents, satisfied itself as to the nature and location of the Work, the conditions of Page 35 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 6 the ground and soil, the nature of any structures, the character, quality, and quantity of the material to be utilized, the character of equipment and facilities needed for and during the prosecution of the Work, the time needed to complete the Work, Contractor's ability to meet all deadlines and schedules required by this Agreement, the general and local conditions, including but not limited to weather, and all other matters that in any way affect the Work under this Agreement. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered, or which reasonably should have been discovered by the Contractor shall be reported promptly to the City as a request for information in such form as the City may require. However, the Contractor shall not perform any act or do any Work that places the safety of persons at risk or potentially damages materials or equipment used in the Project, and the Contractor shall do nothing that would render any test or tests erroneous. 8.02 Any design errors or omissions noted by the Contractor shall be reported promptly to the City, but it is a licensed design professional unless otherwise specifically provided in the Contract Documents. Any nonconformity discovered by or which reasonably should have been discovered or made known to the Contractor shall be reported promptly to the City. 8.03 If the Contractor fails to perform the obligations of Paragraphs 8.01. and 8.02., the Contractor shall pay such costs and damages to the City as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the City for damages resulting from errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized or reasonably should have recognized such error, inconsistency, omission or difference and knowingly failed to report it to the City. 9. POST-AGREEMENT AWARD MEETINGS 9.01 Prior to the commencement of the Work, the parties shall meet and attend a post-agreement award meeting at the time and place determined by City's Representative. At the post-agreement award meeting, the parties shall meet, discuss, and finalize all schedules, including commencement date, and/or specifications submitted for review. No later than ten (10) days prior to the post-agreement award meeting, the Contractor shall submit to City's Representative the following documents: (a) including the starting and ending date, as well as an indication of the completion of stages of Work shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit E. If not accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. The Construction Schedule shall not be modified except by written change order. The Construction Schedule shall not exceed time limits current under the Contract Documents, shall be submitted with each pay application, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. (b) The names and addresses of all proposed subcontractors in writing. (c) Schedules of the starting and ending dates of subcontractors and the scope of Work contemplated for subcontractors. Page 36 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 7 (d) Name, local office, phone number and addresses and, home phone numbers for the Contractor and its Project Superintendent/Manager. (e) For construction projects, four (4) copies of all shop and/or setting drawings or schedules for the submission thereof. (f) Where applicable, materials procurement schedules and material supplier names, addresses and phone numbers. 9.02 The City's Representative, within five (5) working days after the initial post-agreement award conference or any other meetings, may submit minutes of the meeting to the Contractor. The Contractor shall thereafter have five (5) working days to review the minutes and make its objections, changes, or reductions thereto in writing. The Contractor shall thereafter sign the minutes and promptly return them to City's Representative. Where there is disagreement, City's Representative will make the final determination. 10. PROGRESS OF WORK 10.01 The Construction Schedule shall be in a detailed precedence-style critical path primavera-type format satisfactory to the City and the Consultant. The Construction Schedule shall also (i) provide a graphic representation of all activities and events that will occur during performance of the Work; (ii) identify each phase of construction and occupancy; and (iii) set forth dates that are critical in ensuring the timely and orderly completion of the Work in accordance with the requirements of the Contract Documents (hereinafter accepted, the Construction Schedule shall be promptly revised by the Contractor in accordance with the recommendations of the City and Consultant and resubmitted for acceptance. 10.02 Further, the parties shall be subject to the following: (a) The Contractor shall submit a Construction Schedule and schedule of values at the initial post- agreement award meeting and subsequent meetings. (b) City's Representative shall be entitled to make objections to the Contractor's Construction Schedule submitted herein. The Contractor shall promptly resubmit a revised Construction Schedule to City's Representative. (c) The Project Superintendent/Manager shall coordinate its activities with City's Representative. If required by the City, the Contractor shall provide a weekly schedule of planned activities, which may be reviewed on a daily basis. (d) The Contractor shall submit, at such time as may reasonably be requested by City's Representative, additional schedules that shall list the order in which the Contractor proposes to carry on the Work with dates at which the Contractor will start the several parts of the Work and the estimated dates of completion of the several parts. (e) The Contractor shall attend additional meetings called by City's Representative upon twenty-four (24) hours written notice unless otherwise agreed in writing by the parties. (f) When the City is having other work done, either by agreement or by its own force, City's Representative may direct the time and manner of work done under this Agreement so that Page 37 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 8 conflicts will be avoided and the various work being done by and for the City shall be coordinated. (g) In the event that it is determined by the City that the progress of the Work is not in accordance with the approved Construction Schedule, the City may so inform the Contractor and require the Contractor to take such action as is necessary to insure completion of the Project within the time specified. 10.03 The process of approving the Construction Schedule and updates to the Construction Schedule shall not constitute a warranty by the City that any non-Contractor milestones or activities will occur as set out in the Construction Schedule. Approval of the Construction Schedule does not constitute a commitment by the City to furnish any City-furnished information or material any earlier than the City would otherwise be obligated to furnish that information or material under the Contract Documents. Failure of the Work to proceed in the sequence scheduled by Contractor shall not alone serve as the basis for a claim for additional compensation or time. In the event there is interference with the Work which is beyond its control, Contractor shall attempt to reschedule the Work in a manner that will hold the additional time and costs beyond its control to a minimum. The Contractor shall monitor the progress of the Work for conformance with the requirements of the Construction Schedule and shall promptly advise the City of any delays or potential delays. In the event the Construction Schedule indicates any delays, the Contractor shall propose an affirmative plan to correct the delay. In no event shall any adjustment to the Construction Schedule constitute an adjustment in the Contract Time, any Milestone Date or the Contract Sum unless any such adjustment is agreed to by the City and authorized pursuant to Change Order. 10.04 The Contractor shall also prepare a submittal schedule promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the onsultant reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. 10.05 In the event the City determines that the performance of the Work, as of a Milestone Date or otherwise, has not progressed or reached the level of completion required by the Contract Documents, the City shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (i) working additional shifts or overtime; (ii) supplying additional manpower, equipment, and facilities; and (iii) other similar measures (herei asures is solely (a) The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with Extraordinary Measures required by the City under or pursuant to this Subparagraph. (b) The City may exercise the rights furnished the City under or pursuant to this Subparagraph as will comply with any Milestone Date or completion date set forth in the Contract Documents. 10.06 Work Stoppage. If in the judgment of either the City or City's Representative any of the Work or materials furnished is not in strict accordance with this Agreement or any portion of the Work is being performed Page 38 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 9 so as to create a hazardous condition, they may, in their sole discretion, order the Work of the Contractor or any subcontractor wholly or partially stopped until any objectionable person, work, or material is removed from the premises. Such stoppage or suspension shall neither invalidate any of the Contractor's performance obligations under this Agreement, including the time of performance and deadlines therefore, nor will any extra charge be allowed the Contractor by reason of such stoppage or suspension. 11. SITE CONDITIONS AND MANAGEMENT 11.01 Where the Contractor is working around or in existing structures, it shall verify conditions at the site, including but not limited to, door openings and passages. Any items constructed or manufactured off-site or outside of buildings shall be done so that they are not too bulky for existing facilities. The Contractor shall provide special apparatus as required to handle any such items. All special handling equipment charges shall be at the Contractor's expense. Further, Contractor shall include in its price for the Work, all labor, materials, equipment and/or engineering services required to protect the adjacent properties and/or structures from damage due to performance of the Work. 11.02 The Contractor shall be responsible for all power, light, and water required to perform the Work. 11.03 Throughout the progress of the Work, the Contractor shall keep the working area free from debris of all types, and remove from premises all rubbish, resulting from any work being done by him. At the completion of the Work, the Contractor shall leave the premises in a clean and finished condition. Any failure to do so may be remedied and charged back to the Contractor. 11.04 Layout of Work. Except as specifically provided herein, the Contractor shall lay out all Work in a manner acceptable to City's Representative in accordance with applicable City of College Station codes and ordinances. City's Representative will review the Contractor's layout of all structures and any other layout work done by the Contractor at the construction meeting, or at the Contractor's request, but this review does not relieve the Contractor of the responsibility of accurately locating all Work in accordance with the Plans and Specifications. 11.05 Lines and Grades. All lines and grades shall be furnished by the Contractor. Benchmarks and control preserved by the Contractor. In case of destruction or removal of the same by the Contractor, its subcontractors, or employees, such stakes, marks, etc. shall be replaced by the Contractor at the Contractor's expense. If the Contractor fails to do so, the City may do so and charge back the Contractor. Additional construction staking as needed for the Work, including lines and grades, shall be the sole responsibility of the Contractor, and the Contractor shall receive no extra time or compensation therefor. 11.06 The Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as any information furnished by the City, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the City and the Consultant any errors, ty as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. Contractor acknowledges the City does not represent nor warrant the accuracy or completeness of information provided by the City related to existing conditions and locations of existing utilities and services. Such information if provided, is provided to the Contractor as a matter of convenience and does not substitute for the Contractor using due diligence to reasonably observe and or to Page 39 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 10 access space to determine errors, inconsistencies or omissions. In all cases of interconnection of the Work with existing conditions, Contractor shall verify at the site all dimensions relating to such existing conditions. 11.07 Contractor's Structures. The building or locating of structures or the erection of tents or other forms of protection will be permitted only at such places as City's Representative shall permit. The Contractor shall not damage the property where such structures are allowed and shall at all times maintain sanitary conditions in and about such structures in a manner satisfactory to the City. The City may charge the Contractor for any damage or injury to the City, its property, or third persons as a result of the location or use of such structures. 11.08 The Contractor and any entity over whom the Contractor has control shall not erect any sign on the Project site without the prior written consent of the City. 11.09 City may have other work related to the Project performed at the Project site during the time the Work is performed. Contractor should schedule its Work to coordinate with the work of other contractors and utilities with the understanding that some of that work may be performed at times other than as set out in the Contract Documents or as otherwise anticipated. City will endeavor to have such other work performed so as not to unduly interfere with Contractor's performance when Contractor notifies City of specific reasonable needs well in advance of those needs and where it is possible to do so. In the event of substantial delay caused by another contractor or a utility, after advance notice of its needs by Contractor, Contractor will be entitled to make a claim for an extension of time as provided herein. 11.10 When two or more contractors, including Contractor, are employed on related or adjacent work or obtain materials from the same material source, or when work must be completed by one contractor before another can begin, each shall conduct his operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor, including Contractor if applicable, shall be responsible to the other for all damage to work, to persons, or to property caused to the other by his operations, and for loss caused the other due to unreasonable or unjustified delays or failure to finish the work or portions thereof, or furnish materials within the time requested. Should Contractor cause damage to the work or property of any separate contractor at the Project site, or should any claim arising out of Contractor's separate contractor at the Project site, or should any claim arising out of Contractor's performance of the Work be made by any separate contractor against Contractor, City or other consultants, or any other person, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute. Contractor shall, to the fullest extent permitted by applicable laws, indemnify and hold City harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against City to the extent based on a claim arising out of Contractor's negligence. 12. MATERIALS 12.01 Materials or work described in words that when so applied have well-known technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials furnished in strict conformity with this Agreement, the other Contract Documents, and recognized industry standards. When specific products, systems or items of equipment are referred to in the Contract Documents, any ancillary devices necessary for connecting the products, systems or items of equipment shall also be provided. When standards, he current edition at the time of Contract execution shall apply, unless another edition is specified in the Contract Documents. not supersede more stringent standards set out in the Contract Documents, and (2) any exclusions or waivers that are inconsistent with the Contract Documents do not apply. Page 40 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 11 12.02 All materials shall be approved by the City prior to purchase by the Contractor. Unless otherwise specified herein, the Contractor shall purchase all materials and equipment outright and shall not subject the materials and equipment utilized in the Project to any conditional sales agreement, bailment, lease, or other agreement reserving unto seller any right, title, or interest therein. Title to all materials, but not risk of loss, shall pass to the City upon delivery to the Project. 12.03 Where the City deems it necessary to supply materials, it may furnish to the Contractor the list of materials set forth in the attached "List of City Furnished Materials". Upon receipt of said materials, the Contractor shall immediately furnish to the City a written receipt. Moreover, the Contractor shall, on behalf of the City, accept delivery of the materials set forth in the attached "List of Materials Ordered by the City". Under such circumstances, the Contractor shall promptly forward to the City for payment the supplier's invoice together with the Contractor's receipt in writing for such materials. (a) Upon acceptance of the materials furnished or ordered by the City, the Contractor warrants that it shall properly handle, transport, store and safeguard the materials. (b) Further, the Contractor shall repair, repaint or replace any and all materials or any part thereof damaged or stolen while in its possession. Such materials are considered to be in the Contractor's possession from the moment the Contractor either accepts delivery of the materials or signs a receipt accepting delivery of said materials until the Project is accepted by the City's Representative. (c) Before transporting any of the materials furnished or ordered by the City, the Contractor shall establish to the City's satisfaction that it has obtained insurance against losses, theft, damage, equal to or greater than the amounts spent by the City in securing said materials. It shall be incumbent upon the Contractor to verify the cost of materials. (d) The City shall not be obligated to furnish materials in excess of the quantities, size, kind, and type set forth in the attached List of City Furnished Materials and List of Materials Ordered by the City. If the City furnishes, and the Contractor accepts, materials in excess thereof, the values of such excess materials shall be their actual cost as stated by the City. (e) Upon delivery, the Contractor shall promptly receive, unload, transport, and handle all materials and equipment on the List of Materials Ordered by the City at its expense and shall be responsible for all shipping costs. 12.04 Materials and supplies shall be new and of good quality. Upon request, the Contractor shall supply proof of quality and manufacturer. No refurbished, reconditioned, or other previously utilized materials or supplies will be used without the prior signed authorization of City's Representative. The Contractor may utilize substitutes of equal quality and function only upon the prior written authorization of the City's Representative. The City's Representative may require documentation as to quality and function, including manufacturer's specifications, to insure that the proposed substitute is equal to the required material or supply. The City's Representative shall have sole discretion over the use of substitute materials and supplies. Contractor shall bear the risk of any delay in performance caused by submitting substitutions. 12.05 Only materials and equipment which are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly Page 41 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 12 removed from the Project site. Protection of construction material and equipment stored at the Project site from weather, theft, damage and all other perils is solely the responsibility of the Contractor. 12.06 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a subcontractor, sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 12.07 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 12.08 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 12.09 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. 12.10 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Documents in accordance with the submittal schedule app approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the City or of separate contractors. 12.11 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 12.12 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been 12.13 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility approval thereof. 12.14 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, apply to such revisions. Page 42 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 13 12.15 13. ENTRY, OBSERVATION, TESTING & POSSESSION 13.01 The City reserves the right to enter the Project site or sites by such employee(s) or agent(s) as it may elect for the purpose of inspecting the work. The City further reserves the right to enter the Project site or sites for the purpose of performing such collateral work as the City may desire. 13.02 The City's Representative shall have the right, at all reasonable times, to observe and test the work. The Contractor shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location where the Work or any part thereof is in preparation or progress. The Contractor shall ascertain the scope of any observation that may be contemplated by City's Representative and shall give ample notice as to the time each part of the Work will be ready for observation. 13.03 The City's Representative may require Contractor to remove, dismantle, or uncover completed work. If the work is not in accordance with the Plans, Specifications, or other Contract Documents, the Contractor shall pay the costs of repair and restoration of the work required to be removed, dismantled, or uncovered. Unless Contractor is obligated to provide advance notice of inspection, prior to covering up the work, and fails to do so, if said work is in accordance with the -Plans, -Specifications, and other Contract Documents, the City shall pay the costs of repair and restoration of the work. 13.04 City shall have the right to take possession of and use any completed or partially completed portions of the Project prior to the time for completing the entire Project or such portions which may not have expired. The parties agree and understand that possession and use shall not constitute an acceptance of any work not completed in accordance with this Agreement. shall be the responsibility of Contractor. 14. REJECTED WORK 14.01 All work deemed not in conformity with this Agreement as determined by the City in its sole discretion, may be rejected by the City. City's Representative may reject any work found to be defective or not in accordance with the Contract Documents, regardless of the stage of the work's completion or the time or place of discovery of such defects or inconsistencies and regardless of whether City's Representative has previously accepted the work through oversight or otherwise. Neither observations nor inspections, tests, or approvals made by City's Representative, or other persons authorized under this Agreement to make such observations, inspections, tests, or approvals, shall relieve the Contractor from the obligation to perform the Work in accordance with the requirements of this Agreement and the other Contract Documents. 14.02 If the work or any part thereof is rejected by the City, it shall be deemed by City's Representative as not in conformity with this Agreement. Any remedial action required, as set forth herein, shall be at the Contractor's expense, as follows: (a) The Contractor may be required, at the City's option, after notice from City's Representative, to remedy such work so that it shall be in full compliance with this Agreement. All rejected work or materials shall be immediately replaced in order to conform with this Agreement. Page 43 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 14 (b) If the City deems it inexpedient to correct work damaged or not done in accordance with this Agreement, an equitable deduction from the agreed sum may be made by the City at the City's sole discretion. 14.03 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City. 15. SUBCONTRACTING & SUBCONTRACTORS 15.01 The Contractor agrees that it will retain personal control and will give its personal attention to the fulfillment of this Agreement. The Contractor further agrees that subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve the Contractor from its full obligation to the City as provided by this Agreement. 15.02 Subcontractors must be approved by City's Representative prior to hiring or beginning any work on the Project. If City's Representative judges any subcontractor to be failing to perform the Work in strict accordance with the drawings and specifications, the Contractor, after due notice, shall discharge the same, but this shall in no way release the Contractor from its obligations and responsibility under this Agreement. Every subcontractor shall be bound by the terms and provisions of this Agreement and the Contract Documents as far as applicable to Contractor all the obligations and responsibilities, including the responsibility for safety Work, which the Contractor, by these Documents, assumes toward the City and Consultant. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. 16. PAYMENT 16.01 The City stipulates that it is an exempt organization as defined by the Limited Sales, Excise and Use Tax Act and, as such, is exempt from the payment of the sales tax on materials and supplies used in the performance of this Agreement. The Contractor shall issue exemption certificates to its suppliers and subcontractors in lieu of said sales tax for all such materials and supplies, and said exemption certificates must comply with the State -0.07 and shall be subject to the provi - 0.09, effective October 1, 1969. 16.02 Progress Payment Applications. The Contractor shall submit applications for payment as provided for herein. Applications for payment will be processed by City's Representative. Before the first Application for Payment, the Contractor shall submit to the City a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the City may requir of the Specifications so far as possible. Modifications must be approved by City. This schedule, unless objected to by the City, shall be incorporated into this Agreement as a Contract Document and attached hereto as Exhibit F or before the 15th day of each month, the Contractor shall submit to City's Representative, for approval or Page 44 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 15 modification, a statement, backed by the Schedule of Values, showing as completely as practicable the total value of the actual work performed by the Contractor and accepted by the City up to and including the last day of the preceding month. The statement shall also include the value of all materials not previously submitted for payment which have been delivered to the site but have not yet been incorporated into the Work. 16.03 Progress Payments. On or before the 30th calendar day following the City's receipt of a progress payment application made in conformity with Paragraph 16.02, the City shall pay to the Contractor the approved amount of the progress payment based on the Contractor's applications for payment, and the recommendation and approval of City's Representative. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage of Work completed by the Contractor and approved by the City, but in each case less the aggregate of payments previously made, less retainage, and less amounts as City's Representative shall determine and the City may withhold in accordance with this Agreement. Upon Final Completion, including the delivery releases, operation and maintenance manuals, and acceptance of the Work in accordance with this Agreement, the City shall pay the remainder of the balance due under this Agreement, less any sums withheld under other terms of this Agreement and less the retainage, which shall be retained for a period of thirty (30) calendar days from the date of Final Completion. Acceptance of retainage by Contractor shall constitute a Waiver and Release of all claims by Contractor. 16.04 Retainage. From each approved statement, the City shall retain until final payment, ten percent (10%), where the full contract amount is less than $400,000.00, and five percent (5%), where the full contract amount is $400,000.00 or more. The City may also retain from each approved statement any other sums authorized under the terms of this Agreement. OR: 16.04 Retainage. This section has been removed. No retainage will be deducted. 16.05 If the actual amount of work to be done and the materials to be furnished differ from estimates and where the basis for payment is the unit price method, then payment shall be for the actual amount of accepted work done and materials furnished on the Project. 16.06 Reduction in the scope or quantity of work on unit price items shall merely reduce the number of units. In the event that materials have been delivered prior to notice of such reduction, the City will have the option either to pay freight & transportation costs and any re-stocking charges actually incurred by the Contractor or to purchase the materials. The Contractor shall never be entitled to anticipated or lost profits on the deleted or reduced portion of a job, whether bid on a unit price or lump sum basis. 16.07 The Contractor shall have the sole obligation to pay any and all charges or fees and give all notices necessary to and incidental to the lawful prosecution of the Work hereunder. The Contractor shall not and shall have no authority whatsoever to obligate the City to make any payments to another party nor make any promises or representation of any nature on behalf of the City, without the specific written approval of the City. 16.08 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the City may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. 16.09 Unless otherwise provided in the Contract Documents: Page 45 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 16 (a)Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; (b) ite, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Amount but not in the allowances; and (c) Whenever costs are more than or less than allowances, the Contract Amount shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Paragraph 16.9(a) and (2) changes in the 16.10 Suspension of Payments. The City, at any time, may suspend monthly progress payments on the Work if it determines that the projected liquidated damages may exceed retainage. The City, at any time, may suspend monthly progress payments if it believes that the Contractor will not complete the Work due to actual default or that the Contractor has represented or done some act that indicates that it will not complete the Work in accordance with this Agreement or within the time period submitted in its bid. Provided, however, City is in no way obligated 16.11 Withhold Funds. Regardless of any bond, the City may, on account of subsequently discovered evidence and in addition to the retainage withheld under Paragraph 16.04, withhold funds or nullify all or part of any acceptance or certificate to such extent as may be necessary to protect itself from loss on account of any of the following, or as otherwise provided in this Agreement: (a) Defective work. (b) Claims made or reasonable evidence indicating probable filing of claims by unpaid vendors or other third parties. (c) Failure of the Contractor to make prompt payments to subcontractors for labor or material or materialmen. (d) Claims made or reasonable evidence indicating claims will be made for damage to another by the Contractor. (e) Claims made or reasonable evidence indicating claims will be made for damage to third parties, including adjacent property owners. (f) Claims made or reasonable evidence indicating claims will be made for unremedied damage to property owned by the City. (g) City's determination of an amount of liquidated damages. (h) Charges made for repairs to the Contractor's defective work or repairs made by the City to correct damage to other property. (i) Other amounts authorized under this Agreement or under any other agreement made between City and Contractor. Page 46 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 17 (j) Corrections of mistakes, errors and overpayments in relation to prior pay applications and payments. provisions of this Paragraph. 16.12 Price Escalation/De-Escalation. The parties agree that the Contractor has based its bid on certain pricing assumptions of materials to be incorporated into the work specified herein. However, the market for products that are specified herein is considered by both parties to be volatile, and sudden price increases or decreases could occur that are beyond the control of the Contractor, despite its best efforts. Therefore, the parties agree that if there is a bona fide increase or decrease to the Contractor of the material(s) specified herein, the Contractor or City may request an equitable adjustment to this contract based on the Producer Price Index for Intermediate by the U.S. Department of Labor, Bureau of Labor Statistics. This index shall be referred to as the materials index. Bids may only be adjusted semi-annually. Contractors are required to give a 30-day written notice before price increases. The bid, as submitted herein as part of this Contract, is considered the base price for the materials specified herein as of _____________________________ and shall remain in effect for 6 months hereafter called the reference base period. Prices may be adjusted semi-annually each year, based upon the percent changes (whether up or down) in the special index specified herein, between the reference base period __________________________ and of the most recent year. All calculations for the special index shall be based upon the latest versions of the Producer Price Index data published as of July 20th and January 20th of each year. Under no circumstances shall the bid prices increase, in aggregate, more than ten percent (10%) during the course of the Contract and any subsequent renewals. Any Contract awarded with an escalation clause shall be subject to de-escalation provisions in favor of the City in the same or similar manner in the event of cost reductions. 17. EXTRA WORK CHARGES 17.01 No changes shall be made, nor will bills for changes, alterations, modifications, deviations, and extra orders be recognized or paid for except upon the written order from authorized personnel of the City. 17.02 City Manager Approval. When the original contract amount plus all change orders is One Hundred Thousand Dollars ($100,000) or less, the City Manager or his designee may approve the written change order in accordance with 17.03 below, provided the change order does not increase the total amount set forth in the Contract to more than One Hundred Thousand Dollars ($100,000). For such contracts, when a change order results in a total contract amount that exceeds One Hundred Thousand Dollars ($100,000), the City Council of the City must approve such change order prior to commencement of the services or work. 17.03 For "Extra Work", as defined in Paragraph 1.09 and authorized through written change orders, and pursuant to Section 252.048(d) of the Texas Local Government Code, the original Contract price may not be increased by more than twenty-five percent (25%). Written change orders that do not exceed twenty-five percent (25%) of the original Contract Amount may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services n/a n/a Page 47 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 18 or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived.No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be Waive and Release any claim for such non-included cost. OR: 17.03 For construction contracts funded in whole or in part by Certificates of Obligations, for "Extra Work," as defined in Paragraph 1.09 and authorized through written change orders, and pursuant to Section 271.060 of the Texas Local Government Code, a contract with an original contract price of $1 million or more may not be increased by more than twenty-five percent (25%). If a change order for a construction contract funded in whole or in part with certificates of obligation that has an original price of less than $1 million increases the Contract Amount to $1 million or more, subsequent change orders may not increase the revised Contract Amount by more than twenty-five percent (25%). Written change orders may be made or approved by the City Manager or his delegate if the change order is equal to or less than Fifty Thousand Dollars ($50,000.00). Changes in excess of Fifty Thousand Dollars ($50,000.00) must be approved by the City Council prior to commencement of the services or work. Any requests by the Contractor for a change to the Contract Amount shall be made prior to the beginning of the work covered by the proposed change or the right to payment for Extra Work shall be waived. No course of conduct or dealings between the parties, nor implied acceptance of alterations or additions to the Work or changes to the Contract Schedule shall be the basis for any claim for an increase in compensation or change in time. Any cost incurred by Contractor in connection with any Extra Work shall be included in Waive and Release any claim for such non-included cost. 17.04 The Contractor shall complete all Work as specified or indicated in the Contract Documents. The Contractor shall complete all Extra Work in connection therewith. All work and materials shall be in strict conformity with the specifications. The Substantial Completion of the Work shall not excuse the Contractor from performing all the Work undertaken, whether of a minor or major nature, and thereby completing the Project in accordance with the Contract Documents. In the event that the Contractor fails to perform the Work as required for Substantial Completion or Final Completion, the City may contract with a third party to complete the Work and the Contractor shall assume and pay the costs of the performance of the Work as contracted. (a) It is agreed that the Contractor shall perform all Extra Work under the direction of City's Representative when presented with a written work order signed by City. (b) No claim for Extra Work of any kind will be allowed unless ordered in writing by the City. In case any orders or instructions appear to the Contractor to involve Extra Work for which it should receive compensation or an adjustment in the construction time, it shall make written request to City's Representative for a written order from City authorizing such Extra Work. (c) Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefor, and the City insists upon its performance, then the Contractor shall proceed with the Work after making written requests for written orders in a change order and shall keep adequate and accurate account of the actual field costs therefor, as provided under Method C. Page 48 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 19 (d) It is also agreed that the compensation to be paid to the Contractor for performing Extra Work shall be determined by one or more of the following methods: Method A By agreed unit prices, or Method B By agreed lump sum, or Method C If neither Method A nor Method B is agreed upon before the Extra Work is commenced, then the Contractor shall be paid the actual field cost (as defined in subsection (g) below) of the Work. (e) Method A - Unit Prices. The Contractor agrees to perform Extra Work for the unit prices in the Contractor's Proposal. The Contractor also agrees and warrants that when it is necessary to construct units not shown in the Contract Documents, it shall construct such units for a price arrived at as follows: (1) The cost of materials shall be determined by the invoices; (2) The cost of labor shall be the reasonable cost thereof, as determined by the City, but in no event shall it exceed an amount determined by calculating the ratio of the total labor costs to the total costs to the total material costs in the section of the Proposal involved, and multiplying the cost of materials for the unit in question by this ratio. Provided, however, that the ratio shall be calculated for only those units that are similar to the new unit for which a price is to be determined. (f) Method B - Lump Sum. The lump sum shall be reasonably close to the amount for similar work previously done or combinations of similar units. Invoices for materials used shall be provided in support of the agreed lump sum. (g) Method C - Actual Field Costs. The actual field cost is hereby defined to include the cost of all applicable workmen and laborers, as well as materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used for such Extra Work, plus actual transportation charges necessarily incurred, together with other costs reasonably incurred directly on account of such Extra Work, including social security, old age benefits, maintenance bonds, required by law or ordinances or required and agreed to by the City or City's Representative. City's Representative may direct the form in which accounts of the actual field costs shall be kept and records of these accounts shall be made available to City's Representative. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of equipment and ownership expenses adopted by the Associated General Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work order. Actual field costs shall not exceed the prevailing market price therefor within reasonable tolerances as determined by City's Representative. The amount due to Contractor for costs other than actual field costs shall be calculated in accordance with the following standards: (1) No indirect or consequential damages will be allowed. (2) All damages must be directly and specifically shown to be caused by a proven wrong. No recovery shall be based on a comparison by planned expenditures to total actual expenditures or on estimated losses of labor efficiency, or on a comparison of planned man loading to actual man loading, or any other analysis that is used to show damages indirectly. Page 49 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 20 (3)Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong. (4) The maximum daily limit on any recovery for delay shall be the amount established by the Contractor for job overhead costs, defined in the pay applications, divided by the total number of days specified for completion called for in the original Contract. Absent an overhead amount in the Schedule of Values, the amount estimated by Contractor for job overhead cost shall be used. 18. TIME OF COMPLETION, CONTRACT TERM, RENEWAL, and EXTENSION 18.01 Time of the Essence. The date of beginning, the time for Substantial Completion and Final Completion of Work as specified in this Agreement are of the essence of this Agreement. 18.02 Notice to Proceed. The Work embraced by this Agreement shall be commenced on the date specified in the notice to proceed. Said notice to proceed may be given orally or set by the City's Representative at the post- award conference. 18.03 The Work shall be Substantially Completed within the time bid, which shall run from the date when the notice to proceed is given by City's Representative. 18.04 Final Completion. The Work shall reach Final Completion and be ready for final payment within thirty (30) calendar days from the date of Substantial Completion. 18.05 Contract Term, Renewal, and Extension. The original term of this Contract shall be for one (1) year from the effective date of this contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to two (2) additional years (three (3) years total). The renewal will be under the same terms and conditions as the original contract; provided, however, that the unit prices bid under the original contract may, by mutual agreement, be increased by no more than ten percent (10%) of the original contract price. In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month-to-month until a new contract is executed. 18.06 Funding Out Provision. If, for any reason, City funds are not appropriated to continue the contract, the Contract shall become null and void and shall terminate. 19. SUBSTANTIAL COMPLETION 19.01 The Contractor shall notify City's Representative when, in the Contractor's opinion, the Contract is Substantially Completed. Within ten (10) calendar days after the Contractor has given City's Representative written notice that the Work has been Substantially Completed, City's Representative shall inspect the Work for the preparation of a final punch list. (a) If City's Representative and the City find that the Work is not Substantially Completed, then they shall so notify the Contractor who shall then complete the Work. City's Representative shall not be required to provide a list of unfinished work. Page 50 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 21 (b) If the City Representative and City find that the Work is Substantially Completed, the City shall issue to the Contractor its certificate of Substantial Completion. 19.02 The Substantial Completion of the Work shall not excuse the Contractor from performing all of the Work, whether of a minor or major nature, necessary for Final Completion and thereby completing the Project in accordance with the Contract Documents. 20. FINAL COMPLETION 20.01 Contractor shall notify the City's Representative when it believes that the Work has reached Final Completion as defined in Paragraph 1.08. If the City's Representative and the City accept and deems such Work Finally Complete, then Contractor shall be so notified and certificates of completion and acceptance, as provided herein, shall be issued. A complete itemized statement of this Agreement account, certified by the City's Representative as correct, shall then be prepared and delivered to Contractor. Contractor or City, as the case may be, shall pay the balance due as reflected by said statement within thirty (30) calendar days. 20.02 The Contractor shall procure all required certificates of acceptance or completions issued by state, municipal, or other authorities and submit the same to the City. The City may withhold any payments due under this Agreement until the necessary certificates are procured and delivered. 20.03 Neither the final payment nor any acceptance nor certificate nor any provision of this Agreement shall relieve the Contractor of any responsibility for faulty workmanship or materials. At the option of the City, the Contractor shall remedy any defects and pay for any damage to other work which may appear after final acceptance of the Work. 21. DELAYS 21.01 The Contractor, in undertaking to complete the Work within the times herein fixed, has taken into consideration and made allowance for all hindrances and delays incident to such Work, whether growing out of delays in securing material or workmen or delays arising from inclement weather or otherwise. 21.02 The City may, in its sole discretion, delay the Work during inclement weather in order to preserve the Project, insure safety of work forces, and the preservation of materials and equipment. In such event and upon a written request from the Contractor, the City may grant an extension of time pursuant to Paragraph 22 to offset for such stoppage of the Work. 21.03 No payment or compensation of any kind shall be made to the Contractor for damages because of hindrance or delay in the progress of the Work, unless such delays (1) are caused by the actual interference, fraud, bad faith or misrepresentation by the City or its agents, (ii) extend for an unreasonable length of time; or (iii) were not contemplated by the parties at the time of contracting. In the event of any delay entitling Contractor to an increase in Co remedies under the Contract, regardless of the extent or frequency, shall not under any circumstances be construed 21.04 In the event of delays resulting from changes ordered in the Work by the City or other delays caused by the City or fo resulting from increased storage costs or other costs necessary to protect the value of the Work. In no event shall Page 51 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 22 any consequential or other damages be allowed or any other charges or claims be made by the Contractor for hindrances or delays resulting from any other cause. 22. EXTENSIONS OF TIME 22.01 The Contractor has submitted its proposal in full recognition of the time required for the completion of this Project, taking into consideration all factors including, but not limited to the average climatic range and industrial conditions. The Contractor has considered the liquidated damage provision of this Agreement and understands and agrees that it shall not be entitled to, nor will it request, an extension of time for either Substantial Completion or Final Completion, except when the Work has been delayed by one or more of the following: (a) An act or neglect of the City, the City's Representative, employees of the City, or other contractors employed by the City; (b) By changes ordered in the Work, or reductions thereto approved in writing; (c) By "rain days" (days with rainfall in excess of one-tenth of an inch) during the term of this Agreement that exceed the average number of rain days for such term for this locality, both as determined by the Texas A&M University weather service; or (d) By other causes that the City and the Contractor agree may reasonably justify delay and that were caused by unforeseen labor disputes, fire, natural disasters, acts of war, and other rare and unpredictable events. This term does not include normal delays incident to the delivery of materials, tools, or labor that reasonably could have been predicted and/or accounted for in the on to bid. 22.02 If one or more of the foregoing conditions is present, the Contractor may apply in writing for an extension of time, within thirty (30) days of the occurrence of the event causing the delay, submitting therewith all written justification as may be required by the City's Representative. Within ten (10) calendar days after receipt of a written request for an extension of time, which is supported by all requested documentation, the City shall, in writing and in its sole discretion, grant or deny the request. Under no circumstances shall any extension of time by the City be valid and binding unless it is in writing and in conformity with the other terms of this Agreement. 23. LIQUIDATED DAMAGES 23.01 The time for the Substantial and Final Completion of the Work described herein are reasonable times for the completion of each, taking into consideration all conditions, including but not limited to the average climatic conditions and usual industrial conditions prevailing in this locality. The amount of liquidated damages for the Contractor's failure to meet the deadlines for Substantial and/or Final Completion are fixed and agreed on by the Contractor because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages that the City would in such an event sustain. The amounts to be charged are agreed to be damages the City would sustain and shall be retained by the City from current periodic estimates for payment or from final payment. 23.02 As a result of the of Contractor to achieve timely completion of the Work, if the Contractor should neglect, fail, or refuse to either Substantially Complete or Finally Complete the Work within the time herein specified, or any proper extension thereof granted by the City's Representative pursuant to the terms of Paragraph 22 of this Agreement, then the Contractor does hereby agree as part of the consideration for the awarding of this Agreement that the City may Page 52 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 23 permanently withhold from the Contractor's total compensation the sum of __________________________________________________and ______/100 DOLLARS ($______________) for each and every calendar day that the Contractor shall be in default after the time stipulated for Substantial Completion and/or Final Completion, not as a penalty, but as liquidated damages for the breach of this Agreement. It being specifically understood that the assessment of liquidated damages may be made for any failure to meet either or both of the deadlines specified for Substantial Completion and/or Final Completion. 24. CHARGES FOR INJURY OR REPAIR 24.01 The Contractor shall be liable for any damages incurred or repairs made necessary by reason of its work and/or caused by it. Repairs of any kind required by the City will be made and charged to the Contractor by the City. 24.02 The Contractor shall take the necessary precautions to protect any areas adjacent to its Work. 24.03 The Work specified consists of all work, materials, and labor required by the City to repair any damage to the property of the City, including but not limited to structures, roadways, curbs, parking areas, and sidewalks. 25. WARRANTY 25.01 Upon issuance of a certificate of Final Completion, the Contractor warrants for a period of one (l) year as follows: The Contractor warrants that all materials provided to the City under this Agreement shall be new unless otherwise approved in advance by City's Representative, and all work will be of good quality, free from faults and defects, and in conformance with this Agreement, the other Contract Documents, and recognized industry standards. 25.02 All work not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 25.03 This warranty is in addition to any rights or warranties expressed or implied by law and in addition to any consumer protection claims arising from misrepresentations by the Contractor. 25.04 Where more than a one (l) year warranty is specified for individual products, work, or materials, the longer warranty shall govern. 25.05 This warranty obligation shall be covered by any performance or payment bonds tendered in compliance with this Agreement. 25.06 Defective Work Discovered During Warranty Period. If any of the Work is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Agreement within one (l) year after the date of the issuance of a certificate of Final Completion of the Work or a designated portion thereof, whichever is longer, or within one (l) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this Agreement, the Contractor shall promptly, upon receipt of written notice by the City, correct the defective work at no cost to the City. Two Hundred 00 200.00 Page 53 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 24 25.07 The obligation to correct any defective work shall survive the termination of this Agreement. The guarantee to correct the defective work shall not constitute the exclusive remedy of City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 25.08 If within ten (10) calendar days after the City has notified the Contractor of a defect, failure, or abnormality in the Work, the Contractor has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the Work to be done by a third party. The cost of the work shall be paid by the Contractor or its surety. 25.09 The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by the Contractor or by the surety. 25.10 The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (l) year after the installation or completion. The one (l) year warranty shall cover all Work, equipment, and materials that are part of this Project, whether or not a warranty is specified in the individual section of the Contract Documents that prescribe that particular aspect of the Work. 26. PAYMENT OF EMPLOYEES, SUBCONTRACTORS & SUPPLIERS 26.01 Wage Rates. Pursuant to Section 2258.023(a) of the Texas Government Code, wage rates paid by the Contractor and any subcontractor on this Project shall be not less than the general prevailing rate of per diem wages for work of a similar character in this locality as specified in the schedule of general prevailing rates of per diem wages attached hereto as Exhibit A. 26.02 Statutory Penalty. Pursuant to Section 2258.023(b) of the Texas Government Code, if the Contractor or any subcontractor violates the requirements of Paragraph 26.01, the Contractor or subcontractor as the case may be shall pay the City sixty dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the stipulated wage rates. 26.03 The Contractor and each subcontractors shall pay all of their employees engaged in work on the Project in full (less mandatory legal deductions) in cash or by check readily cashable, without discount, no less than once each week. 26.04 No later than the seventh (7th) calendar day following the payment of wages, the Contractor must file with City's Representative a certified, sworn, legible copy of such payroll. This shall contain the name of each employee, their classification, the number of hours worked on each day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll and that no rebates or deductions (except as shown) have been made or will be made in the future from the wages therein shown. 26.05 Payment of Subcontractors. The Contractor shall be solely and exclusively responsible for compensating any of the Contractor's employees, subcontractors, materialmen and/or suppliers of any type or nature whatsoever and for insuring that no claims or liens of any type arising out of or incidental to the performance of any services performed pursuant to this Agreement are filed against any property owned by the City. In the event a statutory lien notice is sent to the City, the Contractor shall, where no payment bond covers the Work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. In the event that the Page 54 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 25 Contractor defaults in the provision of the bond, the City may withhold such funds as are necessary to assure the payment of such claim until litigation determines to whom payment shall be made. 26.06 Affidavit of Bills Paid. Prior to Final Acceptance of the Project, the Contractor shall provide a notarized affidavit stating that all bills for labor, materials, and incidentals incurred have been paid in full, that any claims from manufacturers, materialmen, and subcontractors have been released, and that there are no claims pending of which the Contractor has been notified. 27. INSURANCE 27.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, coverages, limits and endorsements required are as set forth below. minimum requirements of this section. 27.02 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability. (b) Business Automobile Liability. (c) Excess Liability required for contract amounts exceeding $1,000,000. (d) risk policy shall be (e) Workers' Compensation . 27.03 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Only licensed Insurance Carriers authorized to do business in the State of Texas will be accepted. (b) Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. (c) "Claims Made" policies are not accepted. (d) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the City of College Station. (e) The City of College Station, its agents, officials, employees and volunteers, are to be named as policies. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officials, employees or volunteers. 27.04 Commercial General Liability. The following Commercial General Liability requirements shall apply: Page 55 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 26 (a)or better in accordance with the current A.M. Best Key Rating Guide. (b) Limit of $1,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $2,000,000.00 which limits shall be endorsed to be per Project. (c) Coverage shall be at least as broad as ISO form GC 00 01. (d) No coverage shall be excluded from the standard policy without notification of individual (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, Personal & Advertising Liability; and Explosion, Collapse, and Underground coverage. 27.05 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) accordance with the current A.M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned autos, leased or rented autos, non-owned autos, any autos and hired autos. (e) Pollution Liability coverage shall be provided by endorsement MCS-90, with a limit of $1,000,000.00, where such exposures exist. 27.06 Excess Liability. The following Excess Liability requirements shall apply: Unless otherwise agreed in writing, excess liability coverage following the form of the underlying coverage with a minimum limit of $5,000,000.00 or the total value of the Agreement, whichever is greater, per occurrence/aggregate when combined with the lowest primary liability coverage, is required for contracts exceeding $1,000,000 in total value. 27.07 Additional Insured. Those policies set forth in Paragraphs 27.04, 27.05, and 27.06 shall contain an endorsement listing the City as -insurance or insurance policies procured by the City. The additional insured endorsement shall be in a form acceptable to the City. Waiver of subrogation in a form acceptable to the City shall be provided in favor of the City on all policies obtained by the Contractor in compliance with the terms of this Agreement. Contractor shall be responsible for all deductibles which may exist on any policies obtained in compliance with the terms of this Agreement. All Page 56 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 27 coverage for subcontractors shall be subject to the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the Cit hereto as Exhibit C, and approved by the City before Work commences. 27.08 Until the Work is completed and accepted by the City, the Contractor shall purchase and main shall also cover portions of the Work stored off site after written approval of the City of the value established in the approval, and also portions of the Work in transit. This insurance shall include the interests of the City, the Contractor, subcontractors and sub-subcontractors in the Work and shall insure against the perils of fire, wind, storm, hail, lightning and extended coverage including flood and earthquake and shall include all-risk insurance for physical loss or damage, including, without duplication of coverage, theft, vandalism and malicious mischief. The insurance shall cover reasonable compensation for C result of an insured loss. This must be an all-risk policy incorporating the following language: Permission is given for the Project insured hereunder to become occupied, the insurance remaining in full force and effect until such time as the Project has been accepted by the City, all as currently approved by the Texas Board of Insurance Commissioners When permissible by law, the Certificate of Insurance must include the names of the insured Contractor and the City. The deductible under the policy, including that for flood shall not exceed $100,000.00 without the written approval of the City. 27.09 Insurance. Insurance requirements shall apply. (a) Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas Administrative Code, all employees of the Contractor, all employees of any and all subcontractors, and all other persons providing services on the Pr or through an executed coverage agreement on an approved Texas Department of Insurance Division his or her own policy and a coverage agreement is used, contractors and subcontractors must use that portion of the form whereby the hiring contractor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent contractor may not be used. (b) Compensation insurance shall include the following terms: 1. employee are required. 2. be included in this policy. 3. contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. Page 57 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 28 (c) Pursuant to the explicit terms of Title 28, Section 110.110(c) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: Definitions: An original certificate of insurance, a certificate of authority to self- (DWC-81, DWC-83, or DWC-nsation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the Work on the project until the ork on the project has been completed and accepted by the governmental entity. Code]) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to delivering equipment or materials, or providing labor, transportation, or other service related to vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. ertificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and Page 58 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 29 (2) no later than seven calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. H. The Contractor shall post on each project site a notice, in the text, form and manner on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the Contractor: (a) A certificate of coverage, prior to the other person beginning work on the project; and (b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Page 59 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 30 project; and (7) Contractually require each person with whom it contracts to perform as required by paragraphs (a) - (g), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Agreement, or providing, or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provi coverage for the duration of the project; that the coverage will be based on proper reporting of classification codes and payroll amounts; and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. the Contractor that entitles the governmental entity to declare the Agreement void if the Contractor does not remedy the breach within ten calendar days after receipt of notice of breach from the 27.09 Certificates of Insurance. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance-approved form, and shall contain the following provisions and warranties: (a) The company is authorized to do business in the State of Texas. (b) The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Department of Insurance or ISO. (c) Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance. 28. BOND PROVISIONS 28.01 Pursuant to Section 2253.021 of the Texas Government Code, for all public works contracts with governmental entities, a payment bond is required if the Contract Amount exceeds $50,000, and a performance bond is required if the Contract Amount exceeds $100,000. Below those amounts, the City may require payment and/or performance bonds. In the event a performance or payment bond or both is required either by law or in Chapter 3503 of the Texas Insurance Code, all other applicable law, and the following: (a) The Contractor shall execute performance and payment bonds for the full Contract Amount. (b) The bond surety shall be authorized under the laws of the State of Texas to provide a performance and payment bond and shall have attached proof of authorization of the surety to act in the performance and payment of bonds. (c) The Contractor shall provide original, sealed, and complete counterparts of the executed bonds in the forms required by the Contract Documents, which are attached as Exhibit B, together with valid original powers of attorney, at the time of execution of this Agreement by Contractor and Page 60 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 31 prior to the commencement of work. Copies of the executed bonds shall be attached hereto as Exhibit B. (d) The performance and payment bonds shall remain in effect for a period of one (1) year after Final Completion of the Work and shall be extended for any warranty work to cover the warranty period. (e) If at any time during the execution of this Agreement in the required period thereafter, the bond or bonds become invalid or ineffective for any reason, the Contractor shall promptly supply within ten (10) days such other bond or bonds, which bond or bonds shall assure performance or payment as required. 28.02 The Contractor may make such changes and alterations as the City may require in the Work or any part thereof without affecting the validity of this Agreement and any accompanying bond. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for any claim for damages or anticipated profits. If the City makes changes or alterations that render useless any work already done or material already used in said work, then the City shall compensate the Contractor for any material or labor so used, and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned, in accordance with the provisions of Article 17. 29. SURETY 29.01 If the Contractor has abandoned the Project or the City has terminated the Contract for cause and the compliance with this Agreement, then the City at its option may provide for completion of the Work in either of the following manners: (a) The City may employ such force of men and use of instruments, machinery, equipment, tools, materials, and supplies as said the City may deem necessary to complete the Work and charge the expense of such labor, machinery, equipment, tools, materials, and supplies to the Contractor, and the expense so charged shall be deducted and paid by the City out of such monies as may be due or that may thereafter at any time become due to the Contractor and Surety. (b) The City may, after notice published as required by law, accept sealed bids and let this Agreement for the completion of the Work under substantially the same terms and conditions that are provided in this Agreement. In case of any increase in cost to the City under the new agreement as compared to what would have been the cost under this Agreement, such increase together with all of the amages, as the Contractor and the surety shall be and remain bound therefor. However, should the cost to complete such new agreement prove to be less than that which would have been the cost to complete the Work under this Agreement, the Contractor shall be credited therewith after all deductions are made in accordance with this Agreement. 29.02 Should the cost to complete the Work exceed the Contract Amount and the Contractor fails to pay the amount due to the City within the time designated and there remains any machinery, equipment, tools, materials, or supplies on the Project site, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the Contractor at its respective address designated in this Agreement; provided, however, that actual written notice given in any manner shall satisfy this condition. After mailing, or otherwise giving such notice, such property shall be held at the risk of the Contractor subject only to the duty of City's Representative to exercise Page 61 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 32 ordinary care to protect such property. After fifteen (15) calendar days from the date of said notice, City's Representative may sell such machinery, equipment, tools, materials, or supplies and apply the net sum derived from such sale to the credit of the Contractor. Such sale may be made at either public or private sale, with or without notice, as City's Representative may elect. City's Representative shall release any machinery, equipment, tools, materials, or supplies which remain on the job site and belong to persons other than the Contractor to their proper owners. 29.03 In the event the account shows that the cost to complete the Work is less than that which would have been the cost to City had the Work been completed by the Contractor under the terms of this Agreement, or when the Contractor shall pay the balance shown to be due by them to the City, then all machinery, equipment, tools, materials, or supplies left on the Project site shall be turned over to the Contractor. 30. COMPLIANCE WITH LAW 30.01 The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, codes, and directions of inspectors appointed by proper authorities having jurisdiction. 30.02 The Contractor shall perform and require all subcontractors to perform the Work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 30.03 The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. 31. SAFETY PRECAUTIONS 31.01 All safety measures, policies and precautions at the site are a part of the construction techniques and processes for which the Contractor shall be solely responsible. The Contractor is solely responsible for handling and use of hazardous materials or waste, and informing employees of any such hazardous materials or waste. The Contractor shall provide copies of all hazardous materials and waste data sheets to the College Station Fire Department marked "Attn.: Assistant Chief". 31.02 The Contractor has the sole obligation to protect or warn any individual of potential hazards created by the performance of the Work set forth herein. The Contractor shall, at its own expense, take such precautionary measures for the protection of persons, property, and the Work as may be necessary. 31.03 The Contractor shall be held responsible for all damages to property, personal injuries and/or death due to failure of safety devices of any type or nature that may be required to protect or warn any individual of potential hazards created by the performance of the Work set forth herein; and when any property damage is incurred, the damaged portion shall immediately be replaced or compensated for by the Contractor at its own cost and expense. 31.04 Contractor agrees that it shall not transport to, use, generate, dispose of, or install at the Project site any Hazardous Substance (as defined in section 1.11, except in accordance with applicable Environmental Laws. Further, in performing the Work, Contractor shall not cause any release of Hazardous Substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws (as defined in section 1.12). In the event Contractor engages in any of the activities prohibited in this section 31.04 to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its respective officials, agents and employees Page 62 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 33 harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every arising out of, incidental to or resulting from the activities prohibited in this section 31.04. 31.05 In the event Contractor encounters on the Project site any Hazardous Substance, or what Contractor may reasonably believe to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project site, in a manner violative of any applicable Environmental Laws, Contractor shall immediately stop work in the area affected and report the condition to City in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of City if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project site, to the fullest extent permitted by law, Contractor hereby indemnifies and holds City and all of its officials, agents and employees harmless from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from Contractor's failure to stop the Work. 31.06 City and Contractor may enter into a separate agreement and/or Change Order for Contractor to remediate and/or render harmless the Hazardous Substance, but Contractor shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 31.07 It is the Contractor's responsibility to comply with all Environmental Laws (as defined in section 1.10 of this Agreement) based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32. TRENCH SAFETY The Contractor must comply with Texas law regarding trench excavation exceeding five feet in depth and in accordance with the following items: 32.01 The Contractor must comply with the requirements of Subchapter 756 of the Tex. Health & Safety Code Ann. §756.022-023, and the requirements of 29 C.F.R., Subpart P Excavations (sections 1926.650 et. seq.) of the Occupational Safety and Health Administration Standards, as amended. 32.02 The Contractor must include a separate pay item for trench safety complying with trench safety requirements, stating a unit price per linear foot of trench safety systems, as measured along the centerline of trench including manholes and other line structures. 32.03 Before beginning work on this project, the Contractor must submit to the City a complete trench safety program that complies with state and federal regulations. It is the sole duty, responsibility and prerogative of the Contractor, not the City, to determine the specific applicability of the designed trench safety systems to each field condition encountered on the project. 32.04 The Contractor must provide the City to perform the trench safety inspections. The Contractor must make daily inspections to ensure that the systems comply with all applicable laws and regulations, and must maintain a permanent record of daily inspections available for examination by the City or other government authority. Page 63 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 34 32.05 If evidence of possible cave-ins or slides is apparent, the Contractor must cease all work in the trench and surrounding area until the necessary precautions have been taken by the Contractor to safeguard personnel entering the trench. 33. INDEMNITY 33.01 CONTRACTOR SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS, DEMANDS, EXPENSES, LIABILITY OR CAUSES OF ACTION FOR INJURY TO ANY PERSON, INCLUDING DEATH, AND FOR DAMAGE TO ANY PROPERTY, TANGIBLE OR INTANGIBLE, OR FOR ANY BREACH OF CONTRACT ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE WORK DONE BY ANY PERSON UNDER THE CONTRACT DOCUMENTS. IT IS THE INTENT OF THE PARTIES THAT THIS PROVISION SHALL EXTEND TO, AND INCLUDE, ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY CAUSED BY THE CONCURRENT, JOINT AND/OR CONTRIBUTORY NEGLIGENCE OF THE CITY, AN ALLEGED BREACH OF AN EXPRESS OR IMPLIED WARRANTY BY THE CITY OR WHICH ARISES OUT OF ANY THEORY OF STRICT OR PRODUCTS LIABILITY. 33.02 The indemnification contained in paragraphs 33.01 shall include but not be limited to the following specific instances: (a) The City is damaged due to the act, omission, mistake, fault or default of the Contractor. (b) In the event of any claims for payment for goods or services brought by any material suppliers, mechanics, laborers, or other subcontractors. (c) In the event of any and all injuries to or claims of adjacent property owners caused by the Contractor, its agents, employees, and representatives. (d) In the event of any damage to the floor, walls, etc., caused by the Contractor's personnel or equipment during installation. (e) The removal of all debris related to the Work. (f) The acts and omissions of the subcontractors it hired. (g) The Contractor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. 33.03 The indemnification obligations of the Contractor under this section shall not extend to include the liability of any professional engineer, the architect, their consultants, and agents or employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the professional engineer, the architect, their consultants, and agents and employees of any of them, provided such giving or failure to give is the primary cause of the injury or damage. 33.04 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 33.01, such legal limitations are made Page 64 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 35 a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 33.05 The indemnity provisions provided herein shall survive the termination or expiration of this Agreement. 33.06 The indemnification obligations under this section shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor under workers compensation acts, disability benefit acts or other employee benefit acts. 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. 34. RELEASE 34.01 The Contractor assumes full responsibility for the Work to be performed hereunder, and hereby releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Contractor's Work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the Contractor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the Project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City. 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. 35. PERMITS AND LICENSES 35.01 The Contractor shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the Work. During this Agreement term and/or period during which the Contractor is working, it shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work. 36. ROYALTIES AND LICENSING FEES 36.01 THE CONTRACTOR SHALL PAY ALL ROYALTIES AND LICENSING FEES. THE CONTRACTOR SHALL HOLD THE CITY HARMLESS AND INDEMNIFY THE CITY FROM THE FEES FOR SUITS, CLAIMS OR OTHERWISE, GROWING OUT OF INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, MATERIALS AND METHODS USED IN THE PROJECT. IT SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT RIGHTS. FURTHER, IF THE CONTRACTOR HAS REASON TO BELIEVE THAT THE DESIGN, SERVICE, PROCESS, OR PRODUCT SPECIFIED IS AN INFRINGEMENT OF A PATENT, IT SHALL PROMPTLY GIVE SUCH INFORMATION Page 65 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 36 37. BREACH OF CONTRACT & DAMAGES 37.01 The City shall have the right to declare the Contractor in breach of this Agreement for cause when the City determines that this Agreement is not being performed according to its understanding of the intent and meaning of this Agreement. Such breach shall not in any way invalidate, abrogate, or terminate the Contractor's obligations under this Agreement. 37.02 Without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to damages for breach of contract, upon but not limited to the following occurrences: (a) If the Contractor shall fail to remedy any default after written notice thereof from City's Representative, as City's Representative shall direct; or (b) If the Contractor shall fail for any reason other than the failure by City's Representative to make payments called upon when due; or (c) If the Contractor commits a substantial default under any of the terms, provisions, conditions, or covenants contained in this Agreement. 38. TERMINATION FOR CAUSE 38.01 At any time, and without prejudice to any other legal or equitable right or remedy that the City would otherwise possess hereunder or as a matter of law, the City upon giving the Contractor five (5) calendar days prior written notice shall be entitled to terminate this Agreement in its entirety for any of the following: (a) If the Contractor becomes insolvent, commits any act of bankruptcy, makes a general assignment for the benefit of creditors, or becomes the subject of any proceeding commenced under any statute or law for the relief of debtors and, after notice, fails to provide adequate assurance that it can remedy all of its defaults; or (b) If a receiver, trustee, or liquidator of any of the property or income of the Contractor is appointed; or (c) If the Contractor fails to prosecute the Work or any part thereof with diligence necessary to insure its progress and completion as prescribed by the time schedules; or (d) If the Contractor fails to remedy any default within ten (10) calendar days after written notice thereof from City's Representative, as City's Representative shall direct; or (e) If the Contractor fails for any reason other than the failure by City's Representative to make payments called upon when due; or (f) If the Contractor abandons the Work. (g) If the Contractor commits a material default under any of the terms, provisions, conditions, or covenants contained in this Agreement. Page 66 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 37 39. TERMINATION FOR CONVENIENCE 39.01 The performance of the Work may be terminated at any time in whole or, from time to time, in part, by the City for its convenience. Any such termination shall be effected by delivery to the Contractor of a written notice (notice of termination) specifying the extent to which performance of the Work is terminated, and the date upon which termination becomes effective. 39.02 In the event of termination for convenience, the Contractor shall only be paid the reasonable value of the Work performed prior to the effective date of the termination notice and shall be further subject to any claim the City may have against the Contractor under other provisions of this Agreement or as a matter of law. In the event of termination for convenience, Contractor Waives and Releases any claim for lost profit, other than profit on Work performed prior to the effective date of such termination. 40. RIGHT TO COMPLETE 40.01 If this Agreement is terminated for cause, the City shall have the right but shall not be obligated to complete the Work itself or by others; and to this end, the City shall be entitled to take possession of and use such equipment, without rental obligation therefor, and materials as may be on the job site, and to exercise all rights, options, and privileges of the Contractor under its subcontracts, purchase orders, or otherwise; and the Contractor shall promptly assign such rights, options, and privileges to City. If the City elects to complete the Work itself or by others, pursuant to the foregoing, the costs incurred by the City (including, without limitation, applicable, general, administrative expenses, field overhead, the cost of necessary equipment, materials, field labor, additional fees paid to architects, engineers, attorneys or others to assist the City in connection with the termination and liquidated damages) in completing and/or correcting work by the Contractor that fails to meet any requirement of this Agreement or the other Contract Documents. 41. CLOSE OUT 41.01 After receipt of a notice of termination, whether for cause or convenience, unless otherwise directed by City's Representative, the Contractor shall, in good faith and to the best of its ability, do all things necessary in the light of such notice to assure the efficient and proper closeout of the terminated work (including the protection of City's property). Among other things, the Contractor shall, except as otherwise directed or approved by City's Representative, do the following: (a) Stop the work on the date and to the extent specified in the notice of termination; (b) Place no further orders or subcontracts for services, equipment, or materials, except as may be necessary for completion of such portion of the Work as is not terminated; (c) Terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by the notice of termination; (d) Assign to City's Representative, in the manner and to the extent directed by it, all of the right, title, and interest of the Contractor under the orders or subcontracts so terminated; in which case, City's Representative shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; Page 67 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 38 (e) With the approval of City's Representative, settle all outstanding liabilities and all claims arising out of such termination, orders, and subcontracts; and/or (f) Deliver to City's Representative, when directed by City's Representative, all documents and all property, which if the Work had been completed, Contractor would have been required to account for or deliver to City's Representative, and transfer title to such property to City's Representative to the extent not already transferred. 42. TERMINATION CONVERSION 42.01 Upon determination of Court of competent jurisdiction that termination of the Contractor pursuant to Paragraph 38 was wrongful and/or otherwise improper, such termination will be deemed converted to a termin limited to the recovery of the payments permitted for termination for convenience as set forth in Paragraph 39. 43. HIRING 43.01 During the term of this Agreement and for a period of one (1) year thereafter, the Contractor agrees not to solicit for hire any employee or employees of the City that were associated with work specified under this Agreement. In the event that this provision is breached by the Contractor, the Contractor agrees to pay the City damages in the amount equal to twelve (12) months of the employee's total compensation plus any legal expenses associated with enforcement of this provision. 44. ASSIGNMENT 44.01 This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of the City. 45. EFFECTIVE DATE 45.01 This Agreement goes into effect when duly approved by all the parties hereto and is contingent upon Contractor obtaining the bonds required herein. 46. OTHER TERMS 46.01 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 46.02 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. Page 68 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 39 46.03 Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to any officer of the corporation for whom it is intended or if it is delivered or sent certified mail to the last business address as listed herein. Each party will have the right to change its business address by at least thirty (30) calendar days written notice to the other parties in writing of such change. 46.04 Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this Agreement, shall affect or modify any of the terms or obligations hereunder. 46.05 Amendment. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 46.06 Mediation. Consultant, City's Representative or another party for review. Contractor will attend meetings called to review and discuss the claims and mitigation of the problem, and shall furnish any reasonable factual backup for the claim requested. The City may also elect to defer consideration of the claim until the Work is completed, in which case the same review options shall be available to the City at the completion of the Work. At any stage, the City, at its sole discretion, is entitled to refer a claim to mediation under the Construction Industry Mediation Rules of the American Arbitration Association, and, if this referral is made, Contractor will take part in the mediation process. The filing, mediation or rejection of a claim does not entitle Contractor to stop performance of the Work. The Contractor shall proceed diligently with performance of the Contract during the pendency of any claim, excepting termination or under City's direction to stop the Work. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. The parties shall share the Mediator's fee and any filing fees equally and the Mediation shall be held in College Station, Texas. 46.07 Arbitration. In the event of a dispute and upon the mutual written consent of both parties, the parties may agree to arbitration without waiving any of their other rights hereunder. 46.08 Choice of Law and Place of Performance. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 46.09 Authority to do business. The Contractor represents that it has a certificate of authority, authorizing it to do business in the State of Texas, a registered agent and registered office during the duration of this Agreement. 46.10 Authority to Contract. Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 46.11 Waiver. Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of the City thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Page 69 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 40 Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 46.12 Headings, Gender, Number. The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 46.13 Agreement Read. The parties acknowledge that they have had opportunity to consult with counsel of their choice, have read, understand and intend to be bound by the terms and conditions of this Agreement. 46.14 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 46.15 Notice of Indemnification. City and Contractor hereby acknowledge and agree that this Agreement contains certain indemnification obligations and covenants. 46.16 Verification No Boycott. To the extent applicable, this Contract is subject to the following: (a) Boycott Israel. If this Contract is for goods and services subject to § 2270.002 Texas Government Code, Contractor verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract; (b) Boycott Firearms. If this Contract is for goods and services subject to § 2274.002 Texas Government Code, Contractor verifies that it i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and ii) will not discriminate during the term of the contract against a firearm entity or firearm trade association; and (c) Boycott Energy Companies. Subject to § 2274.002 Texas Government Code, Contractor herein verifies that it i) does not boycott energy companies; and ii) will not boycott energy companies during the term of this Contract. Page 70 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 Page | 41 List of Exhibits A.Wage Rates B. Performance & Payment Bonds C. Certificates of Insurance D. Plans & Specifications E. Construction Schedule F. Schedule of Values CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: ________________ Title: Date: APPROVED: City Attorney Date: ______________ Assistant City Manager/CFO Date: ______________ ECHO POWER, LLC DBA ECHO POWERLINE Page 71 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 EXHIBIT A DAVIS BACON WAGE RATES Page 72 of 242 Page 73 of 242 Page 74 of 242 Page 75 of 242 Page 76 of 242 Page 77 of 242 Page 78 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 1.Payment greater than prevailing wage rate as listed within this document not prohibited per Texas Government Code, Chapter 2258, Prevailing Wage Rates, Subchapter A. General Provisions. 2.Not less than the following hourly rates shall be paid for the various classifications of work required by this project. Workers in classifications where rates are not identified shall be paid not less than the general prevailing rate of "laborer" for the various classifications of work therein listed. 3.The hourly rate for legal holiday and overtime work shall not be less than one and one-half (1 & 1/2) times the base hourly rate. 4.The rates listed are journeyman rates. Helpers may be used on the project and may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but not at a rate less than 60% of the journeyman's wage as shown. Apprentices (enrolled in a federally certified apprentice program) may be used at the percentage rates of the journeyman scale stipulated in their apprenticeship agreement. At no time shall a journeyman supervise more than two (2) apprentices or helpers. All apprentices or helpers shall be under the direct supervision of a journeyman working as a crew. 5.Except for Heavy/Highway Construction, building construction wage rates shall be paid to all workers except those workers engaged in site work and construction beyond five feet of buildings. Page 79 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 EXHIBIT B PERFORMANCE AND PAYMENT BONDS Page 80 of 242 Page 81 of 242 Page 82 of 242 Page 83 of 242 Page 84 of 242 Page 85 of 242 Page 86 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 EXHIBIT C CERTIFICATES OF INSURANCE AND ENDORSEMENTS Page 87 of 242 04/29/2024 Three Arbor Insurance, Inc. 2828 Old 280 Court Suite 126 Vestavia AL 35243 Robert Piretti (205) 517-8890 certs@threearbor.com Echo Power, LLC, Echo Powerline Leasing, LLC 313 Walnut St Bunkie LA 71322 Admiral Insurance Group 24856 Zurich American Insurance Company 16535 Indemnity National Insurance Co 18468 Zurich Energy Casualty 34347 SiriusPoint Specialty Insurance Corporation 38776 Ohio Casualty Insurance Co 24074 CL2432002655 A General Liability Y Y CA00005217101 03/01/2024 09/10/2024 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 Employee Benefits $1,000,000 B Y Y BAP-6134885-01 09/10/2023 09/10/2024 1,000,000 C XS000153824 03/01/2024 09/10/2024 3,000,000 3,000,000 D N Y WC 3305126-01 09/10/2023 09/10/2024 1,000,000 1,000,000 1,000,000 E Pollution Liability CPPL D0001532 00 03/01/2024 09/10/2024 General Aggregate $5,000,000 Each Occurence $5,000,000 Deductible $25,000 The City of College Station, its agents, officials, employees and volunteers are listed as additional insureds with waiver of subrogation on the General Liability and Auto Liability policies as required by written contract. Waiver of subrogation is included on the Workers Compensation policy. The State of Texas is added to item 3a on the Workers Compensation policy. City of College Station Attn: Risk Manager PO Box 9960 College Station TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Page 88 of 242 Echo Power, LLC 00000391 Three Arbor Insurance, Inc. 25 Certificate of Liability Insurance There are 2 Excess Liability policies that fulfill the coverage need by contract. Please see description box for said limit of 2nd Excess Liability policy. (E) Cyber Liability: Ref#3549770, Effective/Expiration Date: 8/8/2023-9/10/2024, Limit: $1,000,000 (F) Inland Marine: Policy#BMO66634176 Effective/Expiration Date: 8/8/2023-8/8/2024, Leased/Rented Equipment: $750,000, Carrier: Liberty Mutual Insurance Company, NAIC 23043 (G) Excess: Policy #EMM00021500 Effective/Expiration Date: 03/01/2024 - 09/10/2024, Limit: $3,000,000, Carrier: Acceptance Indemnity Insurance Company, NAIC 20010 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Page 89 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 EXHIBIT D PLANS AND SPECIFICATIONS Plans and Specifications from CSP/RFP#24-029 incorporated in the Contract by Reference Page 90 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 EXHIBIT E CONSTRUCTION SCHEDULE Page 91 of 242 Contract No.___________ Electric Construction Services Agreement Over $50,000 Form 08-30-2021 EXHIBIT F SCHEDULE OF VALUES Page 92 of 242 24-029 Echo Powerline Response 4 Page 93 of 242 24-029 Echo Powerline Response 6 Page 94 of 242 24-029 Echo Powerline Response 8 Page 95 of 242 24-029 Echo Powerline Response 10 Page 96 of 242 24-029 Echo Powerline Response 11 Page 97 of 242 24-029 Echo Powerline Response 12 Page 98 of 242 24-029 Echo Powerline Response 13 Page 99 of 242 24-029 Echo Powerline Response 14 Page 100 of 242 24-029 Echo Powerline Response 15 Page 101 of 242 24-029 Echo Powerline Response 16 Page 102 of 242 24-029 Echo Powerline Response 17 Page 103 of 242 24-029 Echo Powerline Response 18 Page 104 of 242 24-029 Echo Powerline Response 19 Page 105 of 242 24-029 Echo Powerline Response 20 Page 106 of 242 24-029 Echo Powerline Response 21 Page 107 of 242 24-029 Echo Powerline Response 23 Page 108 of 242 24-029 Echo Powerline Response 24 Page 109 of 242 24-029 Echo Powerline Response 25 Page 110 of 242 24-029 Echo Powerline Response 27 Page 111 of 242 24-029 Echo Powerline Response 28 Page 112 of 242 24-029 Echo Powerline Response 29 Page 113 of 242 24-029 Echo Powerline Response 30 Page 114 of 242 24-029 Echo Powerline Response 31 Page 115 of 242 24-029 Echo Powerline Response 32 Page 116 of 242 24-029 Echo Powerline Response 33 Page 117 of 242 24-029 Echo Powerline Response 34 Page 118 of 242 24-029 Echo Powerline Response 47 Page 119 of 242 24-029 Echo Powerline Response 48 Page 120 of 242 24-029 Echo Powerline Response 108 Page 121 of 242 24-029 Echo Powerline Response 109 Page 122 of 242 24-029 Echo Powerline Response 110 Page 123 of 242 ECHO POWERLINE Aztec St. Pole Replacements 35,743.19$ Balcones Dr. Pole Replacements 60,679.64$ Feeder 5312 Pole Replacements 24,500.73$ Inlow-South College 74,111.38$ Marion Pugh Line Upgrade 74,041.48$ Pole Changeouts - WDF & Pebble Creek Pkwy 37,055.60$ Rock Prairie Area OH Reconductor 74,045.66$ GRAND TOTAL 380,177.68$ ECHO POWERLINE Unit Price Schedule for CONSTRUCTION UNITS SUMMARY CSP RFP 24-029 24-029 Echo Powerline Summary Page 124 of 242 CSP RFP# 24-029 Echo Powerline Response PF 1.9 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price Comp Unit #$$ 1 (NEW) D-TRANSFERCOMM TRANSFER COMMUNICATION TO NEW POLE EA OH 3 217.04$ 651.12$ DRS5 2 (NEW) DA2 SINGLE PHASE DOUBLE SUPPORT EA OH 1 189.41$ 189.41$ A2 3 (NEW) DA5 SINGLE PHASE SINGLE DEADEND EA OH 1 142.06$ 142.06$ A5 4 (NEW) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 2 315.69$ 631.38$ E1-2 5 (NEW) DE3-10 PLASTIC GUY GUARD EA OH 1 78.93$ 78.93$ E3-10 6 (NEW) DF40-FIBER POLE 40FT FIBERGLASS COMPOSITE EA OH 4 1,157.52$ 4,630.08$ F40-FIBER 7 (NEW) DFA1 SINGLE PHASE SINGLE SUPPORT FIBERGLASS EA OH 2 102.60$ 205.20$ A1 8 (NEW) DG9 SINGLE PHASE TRANSFORMER ON SINGLE PHASE TANGENT CROSSARM EA OH 3 631.37$ 1,894.11$ G9 9 (NEW) DK14 SERVICE CLEVIS EA OH 4 78.93$ 315.72$ K14 10 (NEW) DM2-1 POLE GROUND WOOD GROUND ROD EA OH 1 264.39$ 264.39$ M2-1 11 (NEW) DM2-11 GROUND ROD EA OH 4 157.85$ 631.40$ M2-2 12 (NEW) DM2-1F POLE GROUND FIBERGLASS GROUND ROD EA OH 4 264.39$ 1,057.56$ M2-1 13 (NEW) DM52-3-OH NUMBERING OVERHEAD EA OH 4 36.18$ 144.72$ M52-3 14 (NEW) DUM5-1-1-SL RISER 1 INCH SECONDARY EA UG 1 613.62$ 613.62$ UM5 15 (NEW) DUM5-2-2-SVC RISER 2 INCH SERVICE EA UG 2 659.66$ 1,319.32$ UM5-2 16 (R) D-TOPPOLE TOP POLE TO COMMUNICATION HEIGHT EA OH 1 420.93$ 420.93$ TOP POLE 17 (R) D40-2 POLE 40FT CLASS 2 WOOD EA OH 3 762.91$ 2,288.73$ 40-2 18 (R) DA1 SINGLE PHASE SINGLE SUPPORT EA OH 2 78.93$ 157.86$ A1 19 (R) DA2 SINGLE PHASE DOUBLE SUPPORT EA OH 1 134.16$ 134.16$ A2 20 (R) DA5 SINGLE PHASE SINGLE DEADEND EA OH 1 94.72$ 94.72$ A5 21 (R) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 2 157.85$ 315.70$ E1-2 22 (R) DG39 SINGLE PHASE TRANSFORMER ON THREE PHASE CIRC EA OH 2 394.61$ 789.22$ G39 23 (R) DG9 SINGLE PHASE TRANSFORMER ON SINGLE PHASE TANGENT CROSSARM EA OH 1 394.61$ 394.61$ G9 24 (R) DK14 SERVICE CLEVIS EA OH 4 55.25$ 221.00$ K14 25 (R) DM2-1 POLE GROUND WOOD GROUND ROD EA OH 4 264.39$ 1,057.56$ M2-1 26 (R) DM26-5 LIGHT SECURITY 100W EA OH 1 307.14$ 307.14$ M26-5 27 (R) DM52-3-OH NUMBERING OVERHEAD EA OH 4 36.18$ 144.72$ M52-3 28 (R) DUM5-1-1-SL RISER 1 INCH SECONDARY EA UG 1 175.60$ 175.60$ UM5 29 (R) DUM5-2-2-SVC RISER 2 INCH SERVICE EA UG 2 205.85$ 411.70$ UM5-2 31 (T) DF1-2 10 INCH SINGLE HELIX ANCHOR W/7 inch ROD EA OH 2 476.16$ 952.32$ F1-2 32 (T) DE3-10 PLASTIC GUY GUARD EA OH 1 142.06$ 142.06$ E3-10 33 (T) DGP25-120/240 25KVA POLE CONV. 120/240 EA OH 1 1,104.91$ 1,104.91$ 25 KVA 34 (T) DGP15-120/240 15KVA POLE CONV. 120/240 EA OH 2 1,104.91$ 2,209.82$ 15 KVA 35 MISCELLANEOUS DIGGING, CONDUIT WORK, AND ALL REPULLING OF WIRE EA OH/UG LUMP SUM 11,651.41$ 11,651.41$ MISC 35,743.19$ 368.49 1.84 Units are not included for digging the holes for the new poles to be set, any conduit work, or any repulling of overhead or underground wire. The contractor is to account for the cost of these miscellaneous units in their bid. Aztec St. Pole Replacements CONSTRUCTION UNITS Unit Price Schedule for TOTAL FOR CONSTRUCTION UNITS (NEW) - New Units (R) - Retire Units (T) - Transfer Units 24-029 Aztec St Echo Powerline Page 125 of 242 CSP RFP#24-029 ECHO POWERLINE PF 1.35 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price Comp Unit #$$ 1 (NEW) D-#2-TRI-SEC #2 TRIPLEX OVERHEAD SECONDARY WIRE FT OH 101 3.27$ 330.27$ K1-2C 2 (NEW) D-#6 DUPLEX-SL #6 DUPLEX OVERHEAD WIRE FT OH 507 3.27$ 1,657.89$ K0-6C 3 (NEW) D-TRANSFERCOMM TRANSFER COMMUNICATION ON POLE TO NEW POLE EA OH 1 154.21$ 154.21$ DRS5 4 (NEW) D45-FBR POLE 45FT FIBERGLASS/COMPOSITE EA OH 3 822.45$ 2,467.35$ 45-FBR 5 (NEW) DA5-2 SINGLE PHASE TAP CROSSARM CONST.EA OH 3 190.66$ 571.98$ A5-2 6 (NEW) DBL8 STREET LIGHT 8FT ARM EA OH 7 168.22$ 1,177.54$ BL8 7 (NEW) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 4 224.30$ 897.20$ E1-2 8 (NEW) DE2-2 3/8 SINGLE OVERHEAD GUY BOLTED EA OH 1 700.96$ 700.96$ E2-2 9 (NEW) DF1-2H ANCHOR DBL HELIX EA OH 1 187.85$ 187.85$ F1-3 10 (NEW) DF50-FIBER 06 POLE 50FT FIB/COMP 6 DEGREE EA OH 2 1,416.87$ 2,833.74$ F50-FIBER 06 11 (NEW) DF50-FIBER 12 POLE 50FT FIBER SELFSUP 12 DEGREE EA OH 1 1,558.93$ 1,558.93$ F50-FIBER 12 12 (NEW) DCF1 THREE PHASE FIBERARM SUP 0-5 DEGREES EA OH 4 361.69$ 1,446.76$ CF1 13 (NEW) DCF2 THREE PHASE DBL FIBER SUP 0-5 DEGREES EA OH 2 653.75$ 1,307.50$ CF2 14 (NEW) DFC7A THEE PHASE FIBERARM SINGLE DEADEND EA OH 1 1,187.88$ 1,187.88$ C7A 15 (NEW) DFC7LG-10 THREE PHASE FIBERARM 10FT DEADEND LG EA OH 1 633.66$ 633.66$ C7-1 16 (NEW) DK14 SERVICE CLEVIS EA OH 7 56.08$ 392.56$ K14 17 (NEW) DM2-11 GROUND ROD EA OH 5 112.16$ 560.80$ M2-2 18 (NEW) DM2-1F POLE GROUND FIBERGLASS GROUND ROD EA OH 6 187.85$ 1,127.10$ M2-1 19 (NEW) DM26-5-LED130 LED 130 COBRAHEAD BRONZE (200W)EA OH 8 280.38$ 2,243.04$ M26-5 20 (NEW) DM26-EYE-DIMGPS ROAM PHOTO CONTROL DIMMING/GPS EA OH 8 56.08$ 448.64$ M26-EYE-DIMGPS 21 (NEW) DM5-2 INSULATOR PRIMARY W/PIN POLE TOP EA OH 2 56.08$ 112.16$ M5-2 22 (NEW) DM5-4 INSULATOR W/PIN 90 DEGREE TO POLE EA OH 2 56.08$ 112.16$ M5-4 23 (NEW) DM5-5 INSULATOR PRIMARY W/PIN ARM EA OH 6 56.08$ 336.48$ M5-5 24 (NEW) DM5-9 CUTOUT SINGLE SHOT EA OH 3 185.06$ 555.18$ M5-9 25 (NEW) DM5-9-100T 100 AMP FUSELINK TYPE T EA OH 3 56.08$ 168.24$ FUSE 26 (NEW) DM5-9-50T 50 AMP FUSELINK TYPE T EA OH 6 56.08$ 336.48$ FUSE 27 (NEW) DM52-3-OH NUMBERING OVERHEAD EA OH 6 25.70$ 154.20$ M52-3 28 (NEW) DUA1-1 RISER 2 INCH 1/0 URD THREE PHASE PRIMARY EA UG 2 1,558.93$ 3,117.86$ UA1 29 (R) D-#4-TRI #4 TRIPLEX OVERHEAD SERVICE WIRE FT OH 101 3.27$ 330.27$ K1-6C 30 (R) D-TOPPOLE TOP POLE AT COMMUNICATION HEIGHT EA OH 8 299.08$ 2,392.64$ TOP POLE 31 (R) D30-4 POLE 30FT CLASS 4 WOOD EA OH 1 448.61$ 448.61$ 30-4 32 (R) D35-3 POLE 35FT CLASS 3 WOOD EA OH 1 448.61$ 448.61$ 35-3 33 (R) D45-2 POLE 45FT CLASS 2 WOOD EA OH 1 542.07$ 542.07$ P45-2 34 (R) DA5-1 SINGLE PHASE TAP EA OH 2 89.72$ 179.44$ A5-1 35 (R) DA5-2 SINGLE PHASE TAP CROSSARM CONST.EA OH 1 89.72$ 89.72$ A5-2 36 (R) DBL8 STREET LIGHT 8FT ARM EA OH 1 420.58$ 420.58$ B8 37 (R) DC1 THREE PHASE CROSSARM SUP 0-5 DEGREES EA OH 4 229.92$ 919.68$ C1 38 (R) DC2 THREE PHASE CROSSARM DBL SUP 5-30 DEGREES EA OH 2 437.40$ 874.80$ C2 39 (R) DC7 THREE PHASE CROSSARM DEADEND EA OH 2 353.28$ 706.56$ C7 40 (R) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 4 112.16$ 448.64$ E1-2 41 (R) DE2-2 3/8 SINGLE OVERHEAD GUY BOLTED EA OH 4 364.50$ 1,458.00$ E2-2 42 (R) DE3-10 PLASTIC GUY GUARD EA OH 4 44.86$ 179.44$ E3-10 Unit Price Schedule for Balcones Dr. Pole Replacements CONSTRUCTION UNITS 24-029 Balcones Dr. Echo Powerline Page 126 of 242 CSP RFP#24-029 ECHO POWERLINE PF 1.35 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price Comp Unit #$$ Balcones Dr. Pole Replacements CONSTRUCTION UNITS 43 (R) DF1-2 10 INCH SGL HELIX ANCHOR W/7 INCH ROD EA OH 4 150.47$ 601.88$ F1-2 44 (R) DFC7A1 THREE PHASE FIBERARM SINGLE DEADEND EA OH 1 706.56$ 706.56$ C7A 45 (R) DJ6 SWINGING CLEVIS W/INSULATOR EA OH 1 56.08$ 56.08$ J6 46 (R) DK10 HOUSE KNOB SERVICE EA OH 3 39.26$ 117.78$ K10 47 (R) DK14 SERVICE CLEVIS EA OH 2 39.26$ 78.52$ K14 48 (R) DM2-1 POLE GROUND WOOD GROUND ROD EA OH 4 187.85$ 751.40$ M2-1 49 (R) DM2-2 POLE GROUND WOOD BUTT WRAP EA OH 1 72.90$ 72.90$ M2-2 50 (R) DM26-5-LED50 LED 50 COBRAHEAD BRONZE (100W)EA OH 3 218.23$ 654.69$ M26-5 51 (R) DM26-EYE-DIMGPS ROAM PHOTO CONTROL DIMMING/GPS EA OH 3 43.46$ 130.38$ M26-EYE-DIMGPS 52 (R) DM5-10 CUTOUT AND ARRESTER ASSEMBLY EA OH 9 201.88$ 1,816.92$ M5-10 53 (R) DM5-2 INSULATOR PRIMARY W/PIN POLE TOP EA OH 2 39.26$ 78.52$ M5-2 54 (R) DM5-4 INSULATOR W/PIN 90 DEGREES TO POLE EA OH 2 39.26$ 78.52$ M5-4 55 (R) DM5-5 INSULATOR PRIMARY W/PIN ARM EA OH 4 39.26$ 157.04$ M5-5 56 (R) DM5-9-SOLID CUTOUT SINGLE SHOT SOLID FOR SINGLE PHASE EA OH 3 95.32$ 285.96$ M5-9 57 (R) DM52-3-OH NUMBERING OVERHEAD EA OH 9 25.70$ 231.30$ M52-3 58 (R) DUA1 RISER 2 INCH 1/0 URD SINGLE PHASE PRIMARY EA UG 2 523.38$ 1,046.76$ UA1 59 (R) DUA5 RISER 2 INCH SECONDARY GROUND CLAMP EA UG 1 72.90$ 72.90$ UA5 60 (T) DM26-5-LED50 LED 50 COBRAHEAD BRONZE (100W)EA OH 3 498.61$ 1,495.83$ M26-5 61 (T) DM26-EYE-DIMGPS ROAM PHOTO CONTROL DIMMING/GPS EA OH 3 99.54$ 298.62$ M26-EYE-DIMGPS 62 MISCELLANEOUS DIGGING, CONDUIT WORK, AND ALL REPULLING OF WIRE EA OH/UG LUMP SUM 15,729.40$ 15,729.40$ MISC 60,679.64$ 625.56 3.13 Units are not included for digging the holes for the new poles to be set, any conduit work, or any repulling of overhead or underground wire. The contractor is to account for the cost of these miscellaneous units in their bid. TOTAL FOR CONSTRUCTION UNITS (NEW) - New Units (R) - Retire Units (T) - Transfer Units 24-029 Balcones Dr. Echo Powerline Page 127 of 242 CSP RFP # 23-029 ECHO POWERLINE PF 2.1 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price #$$ 1 (NEW) D-TRANSFERCOMM TRANSFER COMMUNICATION ON POLE TO NEW POLE EA OH 1 239.88$ 239.88$ DRS5 2 (NEW) D45-2 POLE 45FT CLASS 2 WOOD EA OH 3 959.53$ 2,878.59$ P45-2 3 (NEW) D50-FBR POLE 50FT FIBERGLASS/COMPOSITE EA OH 1 2,209.10$ 2,209.10$ 50-FBR 4 (NEW) DFC1-2 THREE PHASE FIBERARM 0-5 DEGREES LGE CON EA OH 4 523.38$ 2,093.52$ C1-2 5 (NEW) DM2-1 POLE GROUND WOOD GROUND ROD EA OH 1 292.22$ 292.22$ M2-1 6 (NEW) DM2-11 GROUND ROD EA OH 1 174.47$ 174.47$ M2-2 7 (NEW) DM2-1F POLE GROUND FIBERGLASS GROUND ROD EA OH 1 292.22$ 292.22$ M2-1 8 (NEW) DM2-2 POLE GROUND WOOD BUTT WRAP EA OH 3 174.47$ 523.41$ M2-2 9 (NEW) DM52-3-OH NUMBERING OVERHEAD EA OH 4 39.98$ 159.92$ M52-3 10 (R) D45-2 POLE 45FT CLASS 2 WOOD EA OH 3 843.21$ 2,529.63$ P45-2 11 (R) D50-2 POLE 50FT CLASS 2 WOOD EA OH 1 1,424.75$ 1,424.75$ 50-2 12 (R) DC1-2 THREE PHASE CROSSARM 0-5 DEGREES LGE COND EA OH 4 357.65$ 1,430.60$ C1-2 13 (R) DM2-2 POLE GROUND WOOD BUTT WRAP EA OH 4 113.40$ 453.60$ M2-2 14 (R) DM52-3-OH NUMBERING OVERHEAD EA OH 4 39.98$ 159.92$ M52-3 15 MISCELLANEOUS DIGGING, CONDUIT WORK, AND ALL REPULLING OF WIRE EA OH/UG LUMP SUM 9,638.90$ 9,638.90$ MISC 24,500.73$ 252.58 1.26 (R) - Retire Units (T) - Transfer Units Units are not included for digging the holes for the new poles to be set, any conduit work, or any repulling of overhead or underground wire. The contractor is to account for the cost of these miscellaneous units in their bid. Unit Price Schedule for Feeder 5312 Pole Replacements CONSTRUCTION UNITS TOTAL FOR CONSTRUCTION UNITS (NEW) - New Units 24-029 Feeder 5312 ECHO POWERLINE Page 128 of 242 CSP RFP# 24-029 ECHO POWERLINE PF 0.965 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price #$$ 1 (NEW) D-#477-AAC 477 AAC OVERHEAD WIRE FT OH 8,344 1.67$ 13,934.48$ 477AACB 2 (NEW) D-#6 DUPLEX-SL #6 DUPLEX OVERHEAD WIRE FT OH 2,078 2.34$ 4,862.52$ K0-6C 3 (NEW) D45-FBR POLE 45FT FIBERGLASS/COMPOSITE EA OH 4 587.90$ 2,351.60$ 45-FBR 4 (NEW) D50-FBR POLE 50FT FIBERGLASS/COMPOSITE EA OH 1 1,015.13$ 1,015.13$ 50-FBR 5 (NEW) DA5-2 SINGLE PHASE TAP CROSSARM CONST.EA OH 1 136.29$ 136.29$ A5-2 6 (NEW) DA6 SINGLE PHASE DEADEND DOUBLE EA OH 1 370.11$ 370.11$ A6 7 (NEW) DBL16 STREET LIGHT 16FT ARM EA OH 4 180.38$ 721.52$ BL16 8 (NEW) DBL8 STREET LIGHT 8FT ARM EA OH 5 120.25$ 601.25$ BL8 9 (NEW) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 3 160.33$ 480.99$ E1-2 10 (NEW) DE12X 3/8 DBL DOWN GUY TEE PLATE EA OH 2 280.59$ 561.18$ E1-4S 11 (NEW) DE3-2A 3/8 SINGLE DOWN GUY TEE PLATE EA OH 1 200.42$ 200.42$ E3-2 12 (NEW) DF1-3H ANCHOR TRP HELIX EA OH 3 134.28$ 402.84$ F1-3S 13 (NEW) DF50-FIBER 06 POLE 50FT FIB/COMP 6 DEGREE EA OH 2 1,012.80$ 2,025.60$ F50-FIBER 06 14 (NEW) DF50-FIBER 12 POLE 50FT FIBER SELFSUP 12 DEGREE EA OH 1 1,114.34$ 1,114.34$ F50-FIBER 12 15 (NEW) DFC1-2 THREE PHASE FIBERARM 0-5 DEGREE LGE CON EA OH 6 240.51$ 1,443.06$ C1-2 16 (NEW) DFC2-2 THREE PHASE DBL FIBER SUP 5-30 DEGREES EA OH 3 424.89$ 1,274.67$ C2-2 17 (NEW) DFC7A THREE PHASE FIBERARM SINGLE DEADEND EA OH 3 849.11$ 2,547.33$ C7A 18 (NEW) DFC8A THREE PHASE FIBERARM DBL DEADEND EA OH 1 921.60$ 921.60$ C8A 19 (NEW) DG39 SINGLE TRANSFORMER ON THREE PHASE CIRCUIT EA OH 2 320.67$ 641.34$ G39 20 (NEW) DGP 5-120/240 5kVA POLE CONV. 120/240 EA OH 1 156.66$ 156.66$ 5 KVA 21 (NEW) DGP .5-120 .5kVA POLE CONV. 120 EA OH 1 156.66$ 156.66$ 1.5 KVA 22 (NEW) DK14 SERVICE CLEVIS EA OH 3 40.09$ 120.27$ K14 23 (NEW) DK14-SEC SERVICE CLEVIS EA OH 10 40.09$ 400.90$ K14C 24 (NEW) DM2-11 GROUND ROD EA OH 9 80.17$ 721.53$ M2-2 25 (NEW) DM2-1F POLE GROUND FIBERGLASS GROUND ROD EA OH 9 134.28$ 1,208.52$ M2-1 26 (NEW) DM26-5-LED130 LED 130 COBRAHEAD BRONZE (200W)EA OH 9 200.42$ 1,803.78$ M26-5 27 (NEW) DM26-EYE-DIMGPS ROAM PHOTO CONTROL DIMMING/GPS EA OH 9 40.09$ 360.81$ M26-EYE-DIMGPS 28 (NEW) DM42-13 PRIMARY DEADEND ASSEMBLY LRG EA OH 4 72.48$ 289.92$ M42-13-336 29 (NEW) DM5-23 78 INCH FISH EA OH 1 52.11$ 52.11$ M5-23 30 (NEW) DM5-9-100T 100 AMP FUSELINK TYPE T EA OH 1 40.09$ 40.09$ FUSE 31 (NEW) DM52-3-OH NUMBERING OVERHEAD EA OH 12 18.37$ 220.44$ M52-3 32 (R) D-#2-ACSR #2 ACSR OVERHEAD WIRE FT OH 8,572 0.76$ 6,514.72$ D2ACSR 33 (R) D-#4-ACSR-ST LIGHT (SEC)#4 ACSR OVERHEAD WIRE FOR STREET LGIHTS FT OH 1,383 0.62$ 857.46$ D4ACSR 34 (R) D-#6 DUPLEX D-#6 DUPLEX OVERHEAD WIRE FT OH 220 0.67$ 147.40$ K0-6C 35 (R) D-TOPPOLE TOP POLE TO COMMUNICATION LEVEL EA OH 5 213.79$ 1,068.95$ TOP POLE 36 (R) D40-2 POLE 40FT CLASS 2 WOOD EA OH 4 387.48$ 1,549.92$ 40-2 37 (R) D45-2 POLE 45FT CLASS 2 WOOD EA OH 1 387.48$ 387.48$ P45-2 38 (R) D45-FBR POLE 45FT FIBERGLASS/COMPOSITE EA OH 1 516.75$ 516.75$ 45-FBR 39 (R) DA5 SINGLE PHASE SINGLE DEADEND EA OH 1 48.11$ 48.11$ A5 40 (R) DC1 THREE PHASE CROSSARM SUP 0-5 DEGREES EA OH 6 164.35$ 986.10$ C1 Unit Price Schedule for Inlow-South College Re-Conductor CONSTRUCTION UNITS 24-029 Inlow S College ECHO POWERLINE Page 129 of 242 CSP RFP# 24-029 ECHO POWERLINE PF 0.965 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price #$$ Unit Price Schedule for Inlow-South College Re-Conductor CONSTRUCTION UNITS 41 (R) DC2 THREE PHASE CROSSARM DBL SUP 5-30 DEGREES EA OH 2 312.66$ 625.32$ C2 42 (R) DE2-2 3/8 SINGLE OVERHEAD GUY BOLTED EA OH 1 260.55$ 260.55$ E2-2 43 (R) DC3 THREE PHASE VERTICAL CONST 30-60 DEGREES EA OH 1 226.14$ 226.14$ C3 44 (R) DC5-1 THREE PHASE VERT DEADEND LGE COND EA OH 1 219.12$ 219.12$ C5-1 45 (R) DC7 THREE PHASE XARM DEADEND EA OH 3 252.53$ 757.59$ C7 46 (R) DC8 THREE PHASE XARM DBL DEADEND EA OH 2 564.85$ 1,129.70$ C8 47 (R) DE3-2 3/8 SINGLE DOWN GUY WRAPPED EA OH 5 100.22$ 501.10$ E3-2 48 (R) DF1-3 ANCHOR EXPANDING 10,000 LBS EA OH 3 107.56$ 322.68$ F1-3 49 (R) DFC7A THREE PHASE FIBERARM SINGL.DEADEND EA OH 1 505.06$ 505.06$ C7A 50 (R) DG39 SINGLE PHASE TRANSFORMER ON 3 PH CIRC EA OH 1 200.42$ 200.42$ G39 51 (R) DGP 5-120/240 5KVA POLE CONV. 120/240 EA OH 1 101.88$ 101.88$ 5 KVA 52 (R) DGP15-120/240 15KVA POLE CONV. 120/240 EA OH 1 267.23$ 267.23$ 15 KVA 53 (R) DJ5 DOUBLE UPSET BOLT W/INSULATOR EA OH 3 12.02$ 36.06$ J5 54 (R) DJ6 SWINGING CLEVIS W/INSULATOR EA OH 1 40.09$ 40.09$ J6 55 (R) DK14 SERVICE CLEVIS EA OH 3 28.06$ 84.18$ K14 56 (R) DM2-1 SERVICE CLEVIS EA OH 1 134.28$ 134.28$ M2-1 57 (R) DM2-11 GROUND ROD EA OH 1 52.11$ 52.11$ M2-2 58 (R) DM2-1ST POLE GROUND STEEL EA OH 1 134.28$ 134.28$ M2-1 59 (R) DM2-2 POLE GROUND WOOD BUTT WRAP EA OH 6 52.11$ 312.66$ M2-2 60 (R) DM26-5-LED130 LED 130 COBRAHEAD BRONZE (200W)EA OH 2 155.99$ 311.98$ M26-5 61 (R) DM26-5-LED50 LED 50 COBRAHEAD BRONZE (100W)EA OH 4 155.99$ 623.96$ M26-5 62 (R) DM26-EYE-DIMGPS ROAM PHOTO CONTROL DIMMING/GPS EA OH 6 31.06$ 186.36$ M26-EYE-DIMGPS 63 (R) DM3-3A 3 PHASE IN-LINE SWITCHES EA OH 3 390.83$ 1,172.49$ M3-3A 64 (R) DM42-13 PRIMARY DEADEND ASSEMBLY LRG EA OH 4 48.43$ 193.72$ M42-13-336 65 (R) DM5-14 CROSSARM 8 ft. WOOD EA OH 4 58.79$ 235.16$ M5-14 66 (R) DM5-20 INSULATOR BELL POLYMER EA OH 3 33.07$ 99.21$ M5-20 67 (R) DM5-21 EYEBOLT W/ANCHOR SHACKLE EA OH 1 28.06$ 28.06$ M5-21 68 (R) DM5-4 INSULATOR W/PIN 90 DEG TO POLE EA OH 4 28.06$ 112.24$ M5-4 69 (R) DM5-5 INSULATOR PRIMARY W/PIN ARM EA OH 10 28.06$ 280.60$ M5-5 70 (R) DM5-6 ARRESTER LIGHTNING 10KV HD EA OH 3 76.16$ 228.48$ M5-6 71 (R) DM5-9 CUTOUT SINGLE SHOT EA OH 1 68.14$ 68.14$ M5-9 72 (R) DM52-3-OH NUMBERING OVERHEAD EA OH 11 18.37$ 202.07$ M52-3 73 MISCELLANEOUS DIGGING, CONDUIT WORK, AND ALL REPULLING OF WIRE EA OH/UG LUMP SUM 11,243.61$ 11,243.61$ MISC 74,111.38$ 764.03 3.82 Units are not included for digging the holes for the new poles to be set, any conduit work, or any repulling of overhead or underground wire. The contractor is to account for the cost of these miscellaneous units in their bid. TOTAL FOR CONSTRUCTION UNITS (NEW) - New Units (R) - Retire Units (T) - Transfer Units 24-029 Inlow S College ECHO POWERLINE Page 130 of 242 CSP RFP#24-029 ECHO POWERLINE PF 1.82 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price # $$ 1 -#2-ACSR #2 ACSR OVERHEAD WIRE FT OH 200 1.93$ 386.00$ D2ACSR 2 -#477-AAC 477 AAC OVERHEAD WIRE FT OH 4,212 3.15$ 13,267.80$ 477AACB 3 45-FBR POLE 45FT FIBERGLASS/COMPOSITE EA OH 4 1,108.78$ 4,435.12$ 45-FBR 5 A5 SINGLE PHASE SINGLE DEADEND EA OH 1 136.08$ 136.08$ A5 6 A5-2 SINGLE PHASE TAP CROSSARM CONST.EA OH 1 257.04$ 257.04$ A5-2 7 E1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 2 302.39$ 604.78$ E1-2 8 E3-2A 3/8 SINGLE DOWN GUY TEE PLATE EA OH 1 378.00$ 378.00$ E3-2 9 F1-3H ANCHOR TRP HELIX EA OH 1 253.25$ 253.25$ F1-3S 10 F40-FIBER POLE 40 ft. FIBERGLASS COMPOSITE EA OH 1 1,108.78$ 1,108.78$ F40-FIBER 11 F50-FIBER 06 POLE 50 FT FIB/COMP 6 DEGREES EA OH 2 1,910.14$ 3,820.28$ F50-FIBER 06 12 FC1-2 THREE PHASE FIBERARM 0-5 DEGREES LGE CON EA OH 4 453.60$ 1,814.40$ C1-2 13 FC2-2 THREE PHASE DBL FIBER SUP 5-30 DEGREES EA OH 1 801.35$ 801.35$ C2-2 14 FC8A THREE PHASE FIBERARM DBL DEADEND EA OH 1 1,738.15$ 1,738.15$ C8A 15 G10 SINGLE PHASE TRANSFORMER ON SINGLE PHASE DEADEND EA OH 1 604.79$ 604.79$ G10 16 G39 SINGLE PHASE TRANSFORMER ON THREE PHASE CIRC EA OH 4 604.79$ 2,419.16$ G39 17 GP50-120/240 50KVA POLE CONV. 120/240 EA OH 1 604.79$ 604.79$ 50 KVA 18 GP75-120/240 75KVA POLE CONV. 120/240 EA OH 2 626.21$ 1,252.42$ 75 KVA 19 K14 SERVICE CLEVIS EA OH 4 75.60$ 302.40$ K14 20 M2-1 POLE GROUND WOOD GROUND ROD EA OH 2 253.25$ 506.50$ M2-1 21 M2-11 GROUND ROD EA OH 6 151.21$ 907.26$ M2-2 22 M2-1F POLE GROUND FIBERGLASS GR ROD EA OH 7 253.25$ 1,772.75$ M2-1 23 M26-5-LED130 LED 130 COBRAHEAD BRONZE (200W)EA OH 2 378.00$ 756.00$ M26-5 24 M26-5-LED50 LED 50 COBRAHEAD BRONZE (100W)EA OH 1 378.00$ 378.00$ M26-5 25 M26-EYE-DIMGPS ROAM PHOTO CONTROL DIMMING/GP EA OH 3 75.60$ 226.80$ M26-EYE-DIMGPS 26 M42-13 PRIMARY DEADEND ASSEMBLY LRG EA OH 4 136.70$ 546.80$ M42-13-336 27 M5-23 78 INCH FISH EA OH 1 98.28$ 98.28$ M5-23 28 M5-9-20T 20 AMP FUSELINK TYPE T EA OH 1 75.60$ 75.60$ FUSE 29 M52-3-OH NUMBERING OVERHEAD EA OH 7 34.65$ 242.55$ M52-3 30 (R) D-#2-ACSR #2 ACSR OVERHEAD WIRE FT OH 200 1.93$ 386.00$ D2ACSR 31 (R) D-#4/0-ACSR #4/0 ACSR OVERHEAD WIRE FT OH 4,212 2.27$ 9,561.24$ D4/0ACSR 32 (R) D-TOPPOLE TOP POLE TO COMMUNICATION LEVEL EA OH 7 403.20$ 2,822.40$ TOP POLE 33 (R) DA5 SINGLE PHASE SINGLE DEADEND EA OH 1 90.73$ 90.73$ A5 34 (R) DA5-1 SINGLE PHASE TAP EA OH 1 120.96$ 120.96$ A5-1 35 (R) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 1 151.21$ 151.21$ E1-2 36 (R) DG10 SINGLE PHASE TRANSFORMER ON SINGLE PHASE DEADEND EA OH 1 378.00$ 378.00$ G10 37 (R) DG39 SINGLE PHASE TRANSFORMER ON THREE PHASE CIRC EA OH 2 378.00$ 756.00$ G39 38 (R) DGP167-120/240 167KVA POLE CONV. 120/240 EA OH 2 1,108.16$ 2,216.32$ 167 KVA Unit Price Schedule for Marion Pugh Line Upgrade CONSTRUCTION UNITS 24-029 Marion Pugh Echo Powerline Page 131 of 242 CSP RFP#24-029 ECHO POWERLINE PF 1.82 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price # $$ Unit Price Schedule for Marion Pugh Line Upgrade CONSTRUCTION UNITS 39 (R) DJ-HOOK J HOOK EA OH 1 52.93$ 52.93$ K10 40 (R) DJ8 SINGLE UPSET BOLT W/INSULATOR EA OH 1 22.68$ 22.68$ J8 41 (R) DK14 SERVICE CLEVIS EA OH 5 52.93$ 264.65$ K14 42 (R) DM2-1 POLE GROUND WOOD GROUND ROD EA OH 5 253.25$ 1,266.25$ M2-1 43 (R) DM2-2 POLE GROUND WOOD BUTT WRAP EA OH 2 98.28$ 196.56$ M2-2 44 (R) DM26-5-LED50 LED 50 COBRAHEAD BRONZE (100W)EA OH 1 294.20$ 294.20$ M26-5 45 (R) DM26-EYE-DIMGPS ROAM PHOTO CONTROL DIMMING/GPS EA OH 1 58.59$ 58.59$ M26-EYE-DIMGPS 46 (R) DM5-10 CUTOUT AND ARRESTER ASSEMBLY EA OH 2 272.16$ 544.32$ M5-10 47 (R) DM5-23 78 INCH FISH EA OH 1 75.60$ 75.60$ M5-23 48 (R) DM5-6 ARRESTER LIGHTNING 10KV HD EA OH 1 143.63$ 143.63$ M5-6 49 (R) DM5-9 CUTOUT SINGLE SHOT EA OH 1 128.51$ 128.51$ M5-9 50 (R) DM52-3-OH NUMBERING OVERHEAD EA OH 3 34.65$ 103.95$ M52-3 51 (R) DNP-C1 NARROW PROFILE THREE PHASE SINGLE SUP EA OH 6 309.96$ 1,859.76$ C1 52 MISCELLANEOUS DIGGING, CONDUIT WORK, AND ALL REPULLING OF WIRE EA OH/UG LUMP SUM 12,851.86$ 12,851.86$ MISC 74,041.48$ 763.31 3.82 (R) - Retire Units (T) - Transfer Units Units are not included for digging the holes for the new poles to be set, any conduit work, or any repulling of overhead or underground wire. The contractor is to account for the cost of these miscellaneous units in their bid. TOTAL FOR CONSTRUCTION UNITS (NEW) - New Units 24-029 Marion Pugh Echo Powerline Page 132 of 242 CSP RFP#24-029 ECHO POWERLINE PF 0.975 Item No.Unit No.Description Unit QTY # 1 (NEW) D-TRANSFERCOMM TRANSFER COMMUNICATION ON POLE TO NEW POLE EA OH 6 111.37$ 668.22$ DRS5 2 (NEW) D50-FBR POLE 50FT CLASS 2 WOOD EA OH 7 1,025.65$ 7,179.55$ 50-FBR 3 (NEW) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 1 162.00$ 162.00$ E1-2 4 (NEW) DFC1-2 THREE PHASE FIBERARM 0-5 DEGREES LGE CON EA OH 5 243.00$ 1,215.00$ C1-2 5 (NEW) DFC1-3 THREE PHASE FIBERARM DBL SUP 0-5 DEGREES EA OH 2 429.29$ 858.58$ C1-3 6 (NEW) DG39 SINGLE PHASE TRANSFORMER ON THREE PHASE CIRC EA OH 3 323.99$ 971.97$ G39 7 (NEW) DGP 5-120/240 5KVA POLE CONV. 120/240 EA OH 2 158.28$ 316.56$ 5 KVA 8 (NEW) DM2-11 GROUND ROD EA OH 7 81.00$ 567.00$ M2-2 9 (NEW) DM2-1F POLE GROUND FIBERGLASS GR ROD EA OH 7 135.67$ 949.69$ M2-1 10 (NEW) DM52-3-OH NUMBERING OVERHEAD EA OH 7 18.56$ 129.92$ M52-3 11 (NEW) DUA1-1 RISER 2 INCH 1/0 URD THREE PHASE PRIMARY EA UG 2 1,125.89$ 2,251.78$ UA1 12 (NEW) DUM5-1-2-SL RISER 2 INCH SECONDARY EA UG 3 338.51$ 1,015.53$ UM5-2 13 (NEW) DUM5-2-2 RISER 2 INCH SECONDARY EA UG 1 338.51$ 338.51$ UM5-2 14 (NEW) DUM5-2-2-SVC RISER 2 INCH SERVICE EA UG 2 338.51$ 677.02$ UM5-2 15 (R) D-TOPPOLE TOP POLE TO COMMUNICATION HEIGHT EA OH 1 216.00$ 216.00$ TOP POLE 16 (R) D50-2 POLE 50FT CLASS 2 WOOD EA OH 6 661.49$ 3,968.94$ 50-2 17 (R) DC1-2 THREE PHASE CROSSARM 0-5 DEGREES LGE COND EA OH 5 166.05$ 830.25$ C1-2 18 (R) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 1 81.00$ 81.00$ E1-2 19 (R) DFC1-3 THREE PHASE FIBERARM DBL SUP.0-5 DEGREES EA OH 2 315.90$ 631.80$ C1-3 20 (R) DG39 SINGLE PHASE TRANSFORMER ON THREE PHASE CIRC EA OH 3 202.50$ 607.50$ G39 21 (R) DGP 5-120/240 5KVA POLE CONV. 120/240 EA OH 1 102.94$ 102.94$ 5 KVA 22 (R) DGP15-120/240 15KVA POLE CONV. 120/240 EA OH 1 270.00$ 270.00$ 15 KVA 23 (R) DM2-1 POLE GROUND WOOD GROUND ROD EA OH 3 135.67$ 407.01$ M2-1 24 (R) DM2-2 POLE GROUND WOOD BUTT WRAP EA OH 4 52.65$ 210.60$ M2-2 25 (R) DM52-3-OH NUMBERING OVERHEAD EA OH 7 18.56$ 129.92$ M52-3 26 (R) DUA1-1 RISER 2 INCH 1/0 URD THREE PHASE PRIMARY EA UG 2 378.00$ 756.00$ UA1 27 (R) DUM5-1-2-SL RISER 2 INCH SECONDARY EA UG 5 105.63$ 528.15$ UM5-2 28 (R) DUM5-2-2 RISER 2 INCH SECONDARY EA UG 1 105.63$ 105.63$ UM5-2 29 (R) DUM5-2-2-SVC RISER 2 INCH SERVICE EA UG 2 105.63$ 211.26$ UM5-2 30 (T) DF1-2 10 INCH SINGLE HELIX ANCHOR W/7 inch ROD EA OH 1 244.34$ 244.34$ F1-2 31 (T) DGP15-120/240 5KVA POLE CONV. 120/240 EA OH 1 566.99$ 566.99$ 15 KVA 32 (T) DK14 SERVICE CLEVIS EA OH 1 68.85$ 68.85$ K14 33 (T) DM5-6 ARRESTER LIGHTNING 10KV HD EA OH 1 243.00$ 243.00$ M5-6 34 (T) DUC6 RISER 750 POTHEAD MOUNT EA UG 1 2,689.17$ 2,689.17$ UC6 35 MISCELLANEOUS DIGGING, CONDUIT WORK, AND ALL REPULLING OF WIRE EA OH/UG LUMP SUM 6,884.92$ 6,884.92$ MISC 37,055.60$ 382.02 1.91 Units are not included for digging the holes for the new poles to be set, any conduit work, or any repulling of overhead or underground wire. The contractor is to account for the cost of these miscellaneous units in their bid. (T) - Transfer Units (R) - Retire Units Unit Price Schedule for Pole Changeouts Along William D Fitch Parkway and Pebble Creek Parkway CONSTRUCTION UNITS TOTAL FOR CONSTRUCTION UNITS (NEW) - New Units Unit Price Total $ Extended Price $UG/OH 24-029 Pole Changeouts Echo Powerline Page 133 of 242 CSP RFP#24-029 ECHO POWERLINE PF 1.345 Item No.Unit No.Description Unit UG/OH QTY Unit Price Total Extended Price # $$ 1 (NEW) D-#477-AAC 477 AAC OVERHEAD WIRE FT OH 9,116 2.33$ 21,240.28$ 477AACB 2 (NEW) DE1-2 3/8 SINGLE DOWN GUY BOLTED EA OH 2 223.47$ 446.94$ E1-2 3 (NEW) DE3-2A 3/8 SINGLE DOWN GUY TEE PLATE EA OH 1 279.34$ 279.34$ E3-2 4 (NEW) DF1-3H ANCHOR TRP HELIX EA OH 2 187.16$ 374.32$ F1-3S 5 (NEW) DFC1-2 THREE PHASE FIBERARM 0-5 DEGREES LGE CON EA OH 10 335.21$ 3,352.10$ C1-2 6 (NEW) DFC2-2 THREE PHASE DBL FIBER SUP 5-30 DEGREES EA OH 2 592.20$ 1,184.40$ C2-2 7 (NEW) DM2-1ST POLE GROUND STEEL EA OH 1 187.16$ 187.16$ M2-1 8 (NEW) DM42-13 PRIMARY DEADEND ASSEMBLY LRG EA OH 8 101.02$ 808.16$ M42-13-336 9 (NEW) DM52-3-OH NUMBERING OVERHEAD EA OH 1 25.61$ 25.61$ M52-3 10 (NEW) DUA1-1 RISER 2 INCH 1/0 URD THREE PHASE PRIMARY EA UG 8 1,553.15$ 12,425.20$ UA1 11 (NEW) DUM5-2-4-SVC RISER 4 INCH SERVICE EA UG 1 502.36$ 502.36$ UM5-3 12 (R) D-1/0-ACSR 1/0 ACSR OVERHEAD WIRE FT OH 8,558 1.12$ 9,584.96$ D1/0ACSR 13 (R) DC1 THREE PHASE CROSSARM SUP 0-5 DEGREES EA OH 5 229.07$ 1,145.35$ C1 14 (R) DC2 THREE PHASE CROSSARM DBL SUP 5-30 DEGREES EA OH 1 435.78$ 435.78$ C2 15 (R) DC7 THREE PHASE CROSSARM DEADEND EA OH 1 351.97$ 351.97$ C7 16 (R) DE3-2 3/8 SINGLE DOWN GUY WRAPPED EA OH 2 139.68$ 279.36$ E3-2 17 (R) DF1-2 10 INCH SINGLE HELIX ANCHOR W/7 INCH ROD EA OH 1 149.91$ 149.91$ F1-2 18 (R) DF1-3 ANCHOR EXPANDING 10,000 LBS EA OH 1 149.91$ 149.91$ F1-3 19 (R) DFC1 THREE PHASE FIBERARM SUP 0-5 DEGREES EA OH 3 229.07$ 687.21$ C1 20 (R) DFC2 THREE PHASE DBL FIBER SUP 0-5 DEGREES EA OH 1 435.78$ 435.78$ C2 21 (R) DUA1 RISER 2 INCH 1/0 URD SINGLE PHASE PRIMARY EA UG 7 521.44$ 3,650.08$ UA1 22 (R) DUA1-1 RISER 2 INCH 1/0 URD THREE PHASE PRIMARY EA UG 1 521.44$ 521.44$ UA1 23 (R) DUM5-2-4-SVC RISER 4 INCH SERVICE EA UG 1 156.89$ 156.89$ UM5-3 24 MISCELLANEOUS DIGGING, CONDUIT WORK, AND ALL REPULLING OF WIRE EA OH/UG LUMP SUM 15,671.15$ 15,671.15$ MISC 74,045.66$ 763.36 3.82 (R) - Retire Units (T) - Transfer Units Units are not included for digging the holes for the new poles to be set, any conduit work, or any repulling of overhead or underground wire. The contractor is to account for the cost of these miscellaneous units in their bid. Unit Price Schedule for Rock Prairie Overhead Reconductor CONSTRUCTION UNITS TOTAL FOR CONSTRUCTION UNITS (NEW) - New Units 24-029 Rock Prairie OH Echo Powerline Page 134 of 242 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2024-1156364 Echo Power, LLC Bunkie, LA United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/03/2024 being filed. City of College Station Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 24300458 Electric distribution construction 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 0 6 UNSWORN DECLARATION My name is , and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State·of , on the __ day of ,20 __ . (month} (year) r A91M r< () Signatur9 of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.5b35d027 05/06/24 Rf Page 135 of 242 All Bills Paid Affidavit Form 11-01-18 All Bills Paid Affidavit THE STATE OF TEXAS § § COUNTY OF BRAZOS § BEFORE ME, the undersigned authority, on this day personally appeared ____________________________________________________________________________________, med at: ____________________________________________________________________________________. The City of College Station, the owner or agent for owner of said property, has contracted with CONTRACTOR for work to be performed at the address shown herein and evidenced by separate contract, CONTRACTOR now testifies that all work has been completed and all materials are in place as agreed to in the Contract and that ALL BILLS for labor, materials, and other items CONTRACTOR may be responsible for as outlined in the Contract have been PAID IN FULL by CONTRACTOR, except for the following: CONTRACTOR agrees and understands that if any BILLS, for any items, which CONTRACTOR is responsible for as shown in the Contract, are presented after the signing of this AFFIDAVIT, then CONTRACTOR will be liable for prosecution by law, as well as remaining financially responsible for full payment of ANY and ALL BILLS. CONTRACTOR further agrees, by the signing of this AFFIDAVIT, that this statement is true and correct, and that this AFFIDAVIT may be used against CONTRACTOR in any and all proceedings at law, civil or criminal. CONTRACTOR Signature: _____________________________________________ IF D/B/A, Show Business Name: _____________________________________________ TITLE: _____________________________________________ Sworn to and subscribed before me this _____ day of ______________, 20__, A.D. _____________________________________________ Notary Public in and for State of ____________ My Commission Expires:_______________ Echo Power, LLC dba Echo Powerline 24300463 Page 136 of 242 May 23, 2024 Item No. 7.3. Church and Stasney 4-Way Stop Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, Traffic and Vehicles, Article IV, Traffic Schedules, Section 38-1002, Traffic Schedule II, four-way stop intersections by adding the intersection of Church Avenue and Stasney Street. Relationship to Strategic Goals: Core Services & Infrastructure, Improving Mobility, Neighborhood Integrity Recommendation(s): Staff recommends approval. Summary: The purpose of this ordinance is to add East-West stop signs at the intersection of Church Avenue and Stasney Street, creating a 4-way stop at said intersection in the Northgate District. This area sees a large amount of pedestrian and vehicular traffic and is one of two intersections on Church Avenue that are currently not all-way stops. A Traffic Survey was completed in January 2024 that justified the addition of “multi-way stop control would improve traffic operational characteristics of the intersection”. This will standardize 4-way stops at all street intersections of Church Avenue, which will slow the speed of vehicular traffic on this street and will allow pedestrians and cyclists to more safely cross at the intersection when vehicles are stopped. Budget & Financial Summary: Funds for signage are available in the FY2024 Public Works budget. Attachments: 1. Church at Stasney Four Way Stop Ord 5-23-2024 2. Church at Stasney Map Page 137 of 242 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1002 “TRAFFIC SCHEDULE II, FOUR- WAY STOP INTERSECTIONS,” BY ADDING THE INTERSECTION OF CHURCH AVENUE AT STASNEY STREET OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1002 “Traffic Schedule II, Four-Way Stop Intersections,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance 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 138 of 242 Ordinance No. __________ Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 139 of 242 Ordinance No. __________ Page 3 of 3 Ordinance Form 8-14-17 EXHIBIT A That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules,” Sec. 38-1002 “Traffic Schedule II, Four-Way Stop Intersections” is hereby amended by adding the following entry: Church Avenue Stasney Street Page 140 of 242 !"$ !"$ !"$ !"$!"$ !"$ !"$!"$ PROPOSED EXISTING TAUBER ST NAGLE ST CHURCH AVSTASNEY ST µPage 141 of 242 May 23, 2024 Item No. 7.4. Church and First Street 4-Way Stop Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding an ordinance amending Chapter 38, Traffic and Vehicles, Article IV, Traffic Schedules, Section 38-1002, Traffic Schedule II, four-way stop intersections by adding the intersection of Church Avenue and First Street. Relationship to Strategic Goals: Core Services & Infrastructure, Improving Mobility, Neighborhood Integrity Recommendation(s): Staff recommends approval. Summary: The purpose of this ordinance amendment is to add East-West stop signs at the intersection of Church Avenue and First Street creating a 4-way stop at said intersection in the Northgate District. This area sees a large amount of pedestrian and vehicular traffic and is one of two intersections on Church Avenue that are currently not all-way stops. A Traffic Survey was completed in January of 2024 that justified the addition where “multi-way stop control would improve traffic operational characteristics of the intersection”. This will standardize 4- way stops at all street intersections of Church Avenue which will slow the speed of vehicular traffic on this street and will allow pedestrians and cyclists to more safely cross at the intersection when vehicles are stopped. Budget & Financial Summary: Funds available in the FY2024 Public Works Traffic Operations budget. Attachments: 1. Church at First Four Way Stop Ord 5-23-2024 2. Church at First Map Page 142 of 242 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1002 “TRAFFIC SCHEDULE II, FOUR- WAY STOP INTERSECTIONS,” BY ADDING THE INTERSECTION OF CHURCH AVENUE AT FIRST STREET OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1002 “Traffic Schedule II, Four-Way Stop Intersections,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance 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 143 of 242 Ordinance No. __________ Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 144 of 242 Ordinance No. __________ Page 3 of 3 Ordinance Form 8-14-17 EXHIBIT A That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules,” Sec. 38-1002 “Traffic Schedule II, Four-Way Stop Intersections” is hereby amended by adding the following entry: Church Avenue First Street Page 145 of 242 !"$ !"$ !"$!"$ !"$ !"$!"$ PROPOSED EXISTING BOYETT ST FIRST ST W E L L B O R N R D N PATRICIA STCHURCH AVµPage 146 of 242 May 23, 2024 Item No. 7.5. Annual Polymer Purchase Sponsor: Gary Mechler, Director of Water Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on approving annual polymer purchases from SNF Water Science Polydyne, Inc., not to exceed $288,144. Relationship to Strategic Goals: 1. Financially Sustainable City 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: Polymer serves as a wastewater treatment agent that concentrates solids, enhancing treatment efficiency by enabling the extraction of excess water before waste disposal. Both City- owned WWTPs regularly utilize polymer for this task. SNF Water Science Polydyne, Inc's products, listed under Texas Buy Board Agreement #691-23, offer the best value for the City of College Station’s wastewater treatment process. All services and products available for purchase via BuyBoard contracts have been competitively bid and awarded in compliance with Texas statutes relating to competitive bids and proposals. This cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League and the Texas Association of Counties. Budget & Financial Summary: Wastewater Operating funds are budgeted and available for the anticipated amount of polymer usage. Attachments: 1. 2024 - SNF Polydyne Quote Page 147 of 242 polydyninc.com SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 Transmitted via email: bwhittenton@cstx.gov May 13, 2024 Brandi Whittenton Buyer II City of College Station 2200 N. Forest Pkwy College Station, TX 77802 SUBJECT: Texas BuyBoard Polymer Price Quotation Dear Ms. Whittenton, Polydyne Inc. is pleased to offer the City of College Station the following price quotation: PRODUCT UNIT PRICE PACKAGE CLARIFLOC TX-2302A $1.74/LB. DELIVERED (4) 450 Lb. Drums, (1) 2300 Lb. Tote, Full Liquid Bulk (≥40,000 Lbs)* CLARIFLOC TX-2302B $1.74/LB. DELIVERED (4) 450 Lb. Drums, (1) 2300 Lb. Tote, Full Liquid Bulk (≥40,000 Lbs)* *Minimum Order Quantity In accordance with the Texas Buy Board Agreement # 691-23. Thank you for your business. If you have any questions or need additional information, please feel free to contact Marcus Ortiz, Technical Sales Representative, at (281) 633-6086. Orders may be placed online at: www.polydyneinc.com or through our Customer Service Department. Your Customer Service Representative is Jonathan Jones. You can reach Mr. Jones by calling (800) 848-7659, Ext. 8730 or by e-mail to jonathanj@snf.com. Sincerely, Boyd Stanley Sr. Vice-President Page 148 of 242 May 23, 2024 Item No. 7.6. Purchase of Single & Three Phase Transformers for Electric Warehouse Inventory Sponsor: Timothy Crabb, Director of Electric Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action on contracts for the purchase of single phase and three phase transformers for Electric warehouse inventory with: (1) Texas Electric Cooperatives for $243,626.25; (2) KBS Electrical Distributors for $747,262; and (3) Techline, Inc. for $354,923. Total expenditures not-to-exceed $1,345,811.25. Relationship to Strategic Goals: Core Services and Infrastructure Financially Sustainable City Recommendation(s): Staff recommends award of this purchase with Texas Electric Cooperatives in the amount of $243,626.25, KBS Electrical Distributors in the amount of $747,262.00, and Techline, Inc. in the amount of $354,923.00. Quantity and size details for units are attached. This purchase aligns with historical years’ activity for Electrical warehouse needs. Summary: Staff issued Bid #24-041 on March 21, 2024, for Electric Single Phase Overhead and Padmount Transformers and Three Phase Padmount Transformers; the Bid was opened on April 18, 2024. Eight (8) sealed proposals were received and were reviewed by Electric Staff to ensure the compliance of required specifications. Texas Electric Cooperatives, KBS Electrical Distributors, and Techline, Inc. were selected based upon delivery dates, meeting College Station Utility specifications, and pricing of individual unit types. Upon Council approval, staff will issue purchase orders to Texas Electric Cooperatives, KBS Electrical Distributors, and Techline Inc. for a one-time purchase. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various projects will be expensed as supplies are requisitioned by staff and issued from inventory. Attachments: 1. 24-041 Award Summary Page 149 of 242 BID#24-041 AWARD FOR 1PH POLE MOUNT, 1PH PADMOUNT AND 3PH PADMOUNT TRANSFORMERS Total Total KVA QTY Price Lead Cost Price Lead Cost 5 2 1,600.00$ Stock 1,307.50$ 18 2,615.00$ 2,615.00$ 15 16 1,679.00$ Stock 26,864.00$ 1,658.75$ 18 26,864.00$ 25 30 2,298.00$ Stock 1,956.25$ 18 58,687.50$ 58,687.50$ 37.5 15 2,309.00$ Stock 34,635.00$ 2,523.75$ 18 34,635.00$ 50 6 3,000.00$ Stock 2,673.75$ 18 16,042.50$ 16,042.50$ 75 6 3,985.00$ Stock 23,910.00$ 4,271.25$ 18 23,910.00$ KBS Total 85,409.00$ 77,345.00$ 162,754.00$ Total Total KVA QTY Price TOC Lead Cost Price TOC Lead Cost 25 5 5,824.00$ 6,775.96$ 24-28 4,460.00$ 5,378.64$ 40 22,300.00$ 22,300.00$ 37.5 5 6,381.00$ 7,681.28$ 24-28 4,711.25$ 6,044.89$ 40 23,556.25$ 23,556.25$ 50 5 6,860.00$ 8,488.80$ 24-28 5,062.50$ 6,790.22$ 40 25,312.50$ 25,312.50$ 167 10 12,100.00$ 16,191.68$ 24-28 9,511.25$ 13,449.53$ 40 95,112.50$ 95,112.50$ 250 2 17,370.00$ 22,726.28$ 24-28 34,740.00$ - - - -$ 34,740.00$ KBS Total 34,740.00$ 166,281.25$ 1PH PADMOUNT AWARD 201,021.25$ Total Total Total KVA QTY Voltage Price TOC Lead Cost Price TOC Lead Cost Price TOC Lead Cost 150 1 208/120 42,145.00$ 46,738.96$ 92-94 21,345.00$ 25,993.40$ 48 21,345.00$ 31,924.00$ 36,541.84$ 52 21,345.00$ 750 1 208/120 98,835.00$ 115,589.52$ 92-94 - - - 84,242.00$ 101,484.56$ 52 84,242.00$ 84,242.00$ 1000 1 208/120 111,690.00$ 134,295.48$ 44-46 - - - 105,168.00$ 126,474.36$ 52 105,168.00$ 105,168.00$ 112.5 2 480/277 38,349.00$ 41,681.04$ 94-96 19,050.00$ 22,654.32$ 48 38,100.00$ 28,967.00$ 32,573.48$ 52 38,100.00$ 225 1 480/277 45,220.00$ 51,147.00$ 94-96 25,565.00$ 31,413.16$ 48 25,565.00$ 35,785.00$ 42,185.68$ 52 25,565.00$ 1000 3 480/277 79,718.00$ 100,502.04$ 44-46 69,455.00$ 90,325.80$ 48 208,365.00$ 79,158.00$ 99,451.08$ 52 208,365.00$ 1500 3 480/277 111,246.00$ 140,221.68$ 44-46 333,738.00$ - - - 111,634.00$ 139,145.56$ 52 333,738.00$ 2500 1 480/277 166,285.00$ 209,144.00$ 44-46 - - - 165,513.00$ 208,512.84$ 52 165,513.00$ 165,513.00$ 333,738.00$ 293,375.00$ 354,923.00$ 982,036.00$ BID#24-041 TRANSFORMER AWARDS 1,345,811.25$ Techline Inc. Total Award Total Award Total Award Techline TTL TX ELE Coop TTL TX ELE Coop TTL Tx Elec Coop Single Phase Pad Mount Three Phase Pad Mount KBS - WEG KBS WEG Total KBS - Rymel KBS Rymel Total KBS Single Phase Pole Mount KBS Tx Elec Coop BID#24-041 AWARD 5/8/2024 Page 150 of 242 May 23, 2024 Item No. 8.1. Sponsor: Michael Ostrowski, Chief Development Officer, Brian Piscacek, Economic Development Manager, Jeremiah Cook Reviewed By CBC: N/A Agenda Caption: Presentation, discussion, and possible action regarding an update on economic development and tourism strategies, activities, and events. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): Staff recommends that the City Council receive the presentation and provide direction as desired. Summary: Economic Development & Tourism staff will provide an overview of strategic priorities, 2023 highlights, and a look forward regarding new initiatives and planning efforts. Staff will discuss industry recruitment and engagement, quality of life initiatives, and marketing and promotion of College Station through the integrated Grow, Visit, Compete, and Meet College Station brands. Budget & Financial Summary: N/A Attachments: None Page 151 of 242 May 23, 2024 Item No. 8.2. Presentation and discussion regarding a crosswalk on Midtown Drive near Carroll Fancher Way Sponsor: Emily Fisher, Director of Public Works Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action regarding a crosswalk on Midtown Drive near Carroll Fancher Way. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): n/a Summary: Presentation regarding a crosswalk on Midtown Drive near Carroll Fancher Way. Budget & Financial Summary: n/a Attachments: None Page 152 of 242 May 23, 2024 Item No. 9.1. Budget Amendment #2 Sponsor: Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Public Hearing, presentation, discussion, and possible action on Budget Amendment No. 2 amending Ordinance No. 2023-4457 amending the budget for the 2023-2024 Fiscal Year in the amount of $361,631. Relationship to Strategic Goals: 1. Good Governance 2. Financially Sustainable City 3. Core Services and Infrastructure Recommendation(s): Staff recommends the City Council approve Budget Amendment #2. Summary: The charter of the City of College Station provides for the City Council to amend the annual budget in the event there are revenues available to cover expenditures and after holding a public hearing on such budget amendment. The proposed budget amendment is to increase the FY24 budget appropriations by $361,631 as a result of an increase needed to replace totaled police cars and expend funds related to the police Victim Liaison grant and Fun for All Playground. Budget & Financial Summary: The City has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The attached summary has the complete description of the items included on the proposed budget amendment. If approved, the net revised 2023-2024 budget appropriations will be 505,984,947. Attachments: 1. FY24 Budget Amend #2 Ordinance Page 153 of 242 ORDINANCE NO. _________ AN ORDINANCE AMENDING ORDINANCE NO. 2023-4457 AS BUDGET AMENDMENT NUMBER 2 AMENDING THE BUDGET FOR THE 2023-2024 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED. WHEREAS, on August 24, 2023, the City Council of the City of College Station, Texas, adopted Ordinance No. 2023-4457 approving its Budget for the 2023-2024 Fiscal Year: and WHEREAS, on January 25, 2024, the City Council of the City of College Station, Texas, adopted Ordinance No. 2024-4495 amending its Budget for the 2023-2024 Fiscal Year with Budget Amendment Number1: and WHEREAS this Budget Amendment No. 2 was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter, after notice of said hearing having been first duly given; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance No. 2023-4457 is hereby amended by amending the 2023-2024 Budget adopted by a net amount of $361,631 as further detailed in Exhibit A. PART 2: That this Budget Amendment No. 2 shall be attached to and made a part of the 2023- 2024 Budget. PART 3:That except as amended hereby, Ordinance No, 2023-4457 shall remain in effect in accordance with its terms. PART 4:That this ordinance shall become effective immediately after passage and approval. PASSED and APPROVED this _________ day of __________________________2024. ATTEST: APPROVED: ____________________________ ________________________________ City Secretary Mayor APPROVED: _________________________ City Attorney Page 154 of 242 EXHIBIT A – FY24 BUDGET AMENDMENT #1 DETAIL LISTING 1. Police Department Victim Liaison Grant (OOG) $37,000 - (General Fund Budget Amendment) Victims of Crime Act (VOCA) Grant for the Victim Services Program. Victim Advocates are expected to promote and educate the community and other professionals about victim rights and services to identify crime victims and provide or refer them to needed services. These funds will be used in emergency situations to support the safety and welfare for victims of crime. 2. Replace totaled Police Cars- $140,000 (General Fund Budget Amendment) Funding for the replacement of two Police vehicles which were totaled in separate incidents. These replacements are not covered under the City’s insurance policy due to not meeting deductible limitations. 3. Fun For All Plaza Design Cost - $75,000 (Fun for All Fund Budget Amendment) Per the Fun for All Playground Committee, they are pursuing a new project to enhance the Plaza at the playground. This project is currently in the design phase and requires and increase in capital beyond what was budgeted in FY24 for capital projects. There is also a cost increase in the project for the actual playground enhancements that has gone over budget due to labor and equipment inflation. This increase to the budget using the Fund For All Fund cash balance will cover these two projects. 4. 1207 Texas Acoustic Tiles- $109,631 (HOT Fund Budget Amendment) This item will increase the 1207 Texas Visitor Center project budget in the Hotel Occupancy Tax Fund to cover an additional purchase of acoustic ceiling tiles. This item will cover the purchase and installation of the tiles as directed by Council on the April 25th, 2024, City Council meeting. Page 155 of 242 May 23, 2024 Item No. 9.2. FY24 Debt Issuance Notice of Intent Sponsor: Michael DeHaven, Assistant Director of Fiscal Services Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on a resolution directing publication of notice of intention to issue Certificates of Obligation, Series 2024; and providing an effective date. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Improving Mobility Sustainable City Recommendation(s): Staff recommends Council approve the attached resolution directing publication of notice of the intention to issue certificates of obligation Summary: In November 2022, the citizens of College Station approved 3 of the 5 bond authorization propositions totaling $56.1MM. Citizen authorization is used for the issuance of general obligation bonds or GO debt. In connection with the issuance of the FY24, general bond obligation, the City of College Station typically issues Certificates of Obligation (CO) debt to fund various capital projects identified and approved as a part of the annual budget. Certificates of Obligations are used to fund utility capital project debt and City Council is authorized to approve the issuance of certificates of obligation (COs) after approving a resolution directing notices to be published of the intent to issue the Certificates. Certificates of Obligation (COs) are based on the full faith and credit of the City and are paid through the utility revenue or debt service portion of the ad valorem tax rate, depending upon the intended use of the debt. Certificates of Obligation must include at least one additional revenue stream besides the debt service portion of the tax rate, such as utility revenues. Since 2008, the City policy has been to issue Certificates of Obligation for utility debt, allowing more financial flexibility regarding the payment of debt service. The City’s Financial Advisor and Bond Counsel recommend that the City issue Certificate of Obligations for utility projects instead of Utility Revenue Bonds (URBs); the pledge of the City’s ad valorem tax base is a stronger credit than utility revenues and thus lowers the cost of borrowing. The utility systems will cover their associated portion of debt service for capital utility projects through utility revenues. In addition to the GO Obligations, Certificates of Obligation are used to fund street, parks, and technology projects as well as to pay debt issuance costs. This notice resolution provides that the maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold is $43,300,000, with $16,500,000 related to utility projects and $26,800,000 related to general government projects. 2022 General Government Obligations to be issued in addition to the COs total $13,200,000. At the July 25th meeting, the City Council will consider the approval of sale parameters ordinance for the Certificates of Obligation Bonds, and the General Obligation Bonds depending upon market conditions. A sale parameters ordinance appoints a Paying Agent/Registrar, appoints Underwriters, Page 156 of 242 adopts Bond Ordinances and authorizes the preparation of the Official Statements for the Certificates of Obligations and General Obligation Bonds. If the City is not prepared to issue the Certificates of Obligation and General Obligation Bonds at the July 25th meeting, the City Council may postpone adoption of the ordinance for up to ninety days from July 25th. Budget & Financial Summary: The staff reviewed the impact of the Certificates and General Obligation Bonds on the City's ability to meet debt service requirements and the effect they may have on the ad valorem tax rate. The recommendation is to move forward with this issuance. The impact on the tax rate and utility rates will be reviewed annually as part of the financial forecast and budget preparation. Attachments: 1. Cert of Obligation Notice Resolution v2 2. DRAFT 2024 Debt Issue Page 157 of 242 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF BRAZOS CITY OF COLLEGE STATION We, the undersigned officers of the City of College Station, Texas (the City), hereby certify as follows: 1.The City Council of the City convened in a special meeting on May 23, 2024 at City Hall, and the roll was called of the duly constituted officers and members of this City Council, as follows: John Nichols, Mayor Mark Smith, Place 1 Councilman William Wright, Place 2 Councilman Linda Harvell, Place 3 Councilwoman Elizabeth Cunha; Place 4 Councilwoman Bob Yancy, Place 5 Councilman Dennis Maloney, Place 6 Councilman and all of the persons were present except the following absent Councilmembers _______________________, thus constituting a quorum. Whereupon, among other business, the following was transacted at the meeting: a written A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, AND PROVIDING AN EFFECTIVE DATE was duly introduced for the consideration of this City Council. It was then duly moved and seconded that the resolution (the Resolution) be approved, and, after discussion, the motion prevailed and carried by the following vote: 2.A true, full and correct copy of the Resolution is attached to and follows this certificate and the Resolution has been duly recorded in the City Council's minutes of the Meeting. The above paragraph is a true, full and correct excerpt from the City Council's minutes of the meeting at which the Resolution was approved. The persons named above are the duly chosen, qualified and acting officers and members of the City Council. Each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the meeting, and that the Resolution would be introduced and considered at the meeting, and each of the officers and members consented, in advance, to the holding of the meeting for such purpose, and that the meeting was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. AYES:NOES: Page 158 of 242 City of College Station Resolution Directing Publication of Notice of Intention to Issue Certificates of Obligation, Series 2024 3.The Mayor of the City has approved and hereby approves the Resolution, and the Mayor and the City Secretary of the City have duly signed the Resolution, and the Mayor and the City Secretary of the City hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of the Resolution for all purposes. PASSED AND APPROVED ON MAY 23, 2024. ________________________________ Tanya D. Smith City Secretary ________________________________ John Nichols Mayor (City Seal) Page 159 of 242 RESOLUTION NO. [___________________] A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of College Station (the City) expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described in "Exhibit A" to this Resolution prior to the issuance of the Certificates of Obligation hereinafter described; and WHEREAS, the City Council hereby finds, considers and declares that the reimbursement of the payment by the City of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the U.S. Treasury Regulations, to reimburse itself for such payments at such time as it issues the hereinafter described Certificates of Obligation; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1.That attached hereto and marked "Exhibit A" is a form of notice (the “Notice”), the form and substance of which are hereby passed and approved. Section 2.That the City Secretary shall cause the Notice to be published, in the form attached hereto, in the "Bryan-College Station Eagle", a newspaper of general circulation in the City, for two consecutive weeks, the date of the first publication to be before the 45th day before the day tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in the Notice. Additionally, the Notice shall be posted continuously on the City’s website for at least forty-five days before the date tentatively set for final passage of the ordinance or ordinances authorizing the issuance of the Certificates of Obligation. Section 3.That the facilities and improvements to be financed with proceeds from the proposed Certificates of Obligation are to be used for the purposes described in "Exhibit A" hereto. Section 4.That all costs to be reimbursed pursuant to this Resolution will be capital expenditures; the proposed Certificates of Obligation shall be issued within 18 months of the later of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service; and the foregoing notwithstanding, the Certificates of Obligation will not be issued pursuant to this Resolution on a date that is more than three years after the date any expenditure which is to be reimbursed is paid. Section 5.That this Resolution shall be effective immediately upon passage and adoption. Page 160 of 242 City of College Station Resolution Directing Publication of Notice of Intention to Issue Certificates of Obligation, Series 2024 PASSED AND APPROVED ON MAY 23, 2024. ____________________________________ John Nichols, Mayor ATTEST: ____________________________________ Tanya D. Smith, City Secretary (City Seal) Page 161 of 242 EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION The City Council of the City of College Station will consider the passage of an ordinance or ordinances authorizing the issuance of one or more series of interest bearing certificates of obligation (the “Certificates”) in the principal amount not to exceed $43,300,000 for paying all or a portion of the City's contractual obligations to be incurred in connection with constructing, improving, acquiring and equipping the following projects: (i) streets and roads including related drainage, landscaping, signalization, lighting, pedestrian improvements and signage related thereto; (ii) fiber optic transmission materials; (iii) parks and recreational facilities (except those submitted to voters in Propositions C and E in the November 8, 2022 election); (iv) administrative office and departmental space for governmental functions of the city including the public works department, utility department, municipal court, fire department, and cemetery department; (v) improvements and extensions to the City's combined waterworks, sewer and electric systems including distribution, transmission, system lines, lift stations, pumps, outfall, storage tanks, metering, wells, plant improvements, and acquisition of interests in land for such purposes; and (vi) the payment of fiscal, engineering and legal fees incurred in connection therewith. The City proposes to provide for the payment of such Certificates from the levy and collection of ad valorem taxes in the City as provided by law, and from a limited pledge (not to exceed $1,000) of the surplus revenues of the City's waterworks, sewer and electric systems, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net revenues of the City's waterworks, sewer and electric systems. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of Texas Local Government Code, Chapter 271, Subchapter C. The City Council tentatively proposes to adopt the ordinance(s) authorizing the Certificates at a meeting to be held at 7:00 P.M. on July 25, 2024 to be held at City Hall, 1101 Texas Avenue, College Station, TX 77840. The ordinance(s) may authorize an authorized officer of the City to effect the sale and delivery of the Certificates on a date or dates subsequent to the adoption of the ordinance(s). The following information is provided to comply with Tex. H.B. 477, 86 Leg., R.S. (2019). The current principal of all outstanding debt obligations of the City is $399,700,000. The current combined principal and interest required to pay all outstanding debt obligations of the City on time and in full, is $522,198,069. The maximum principal amount of the Certificates to be authorized is $43,300,000 and the estimated combined principal and interest required to pay the Certificates to be authorized on time and in full is $60,328,767. The maximum interest rate for the Certificates may not exceed the maximum legal interest rate. The maximum maturity date of the Certificates to be authorized is February 15, 2044. The above information does not exclude any debt obligations the City has designated as self-supporting and which the City reasonably expects to pay from revenue sources other than ad valorem taxes. Information regarding this may be obtained by contacting the Director of Fiscal Services at 1101 Texas Avenue, College Station, TX 77840 and by phone at 979-764-3645. Page 162 of 242 2024 Debt Issue 5,250,000 Bachmann Little League and Senior League/Soccer Buildings PK2304 20 Yrs 1,450,000 Pickleball/Futsal Courts PK2305 7 Yrs 1,500,000 Bee Creek and Central Tennis Courts PK2306 7 Yrs 5,000,000 Central Park Operations Shop PK2309 20 Yrs Total 13,200,000$ All GOB Subtotal 13,200,000$ 23.36% 12,500,000 Existing Facilities Upgrades/New Facilities Projects 7 & 20 Yrs 1,100,000 New City-Wide Fiber TBD 7 Yrs Total 13,600,000$ 500,000 Streets Revolver ST2301 20 Yrs 5,000,000 City-Wide Sidewalks/Paths TBD 20 Yrs Total 5,500,000$ 2,500,000 Parks Revolver TBD 7 Yrs 5,200,000 Parks and Recreational Facilities TBD 20 Yrs Total 7,700,000$ Governmental CO Subtotal 26,800,000$ 47.43% 1,000,000 Lincoln Avenue Rehab WA1900002 20 Yrs 500,000 New Water Wells WA2400 20 Yrs 500,000 New Wells Collection Line WA2401 20 Yrs Total 2,000,000$ 3,000,000 CC Diversion Lift Station & Force Main WW1800002 20 Yrs 1,500,000 CCWWTP Outfall Rehabilitation WW2202 20 Yrs Total 4,500,000$ 700,000 General Plant Various 20 Yrs 6,600,000 Overhead & Underground Imp.; Distribution Various 20 Yrs 2,700,000 Transmission Projects Various 20 Yrs Total 10,000,000$ Utility CO Subtotal 16,500,000$ 29.20% All CO Subtotal 43,300,000$ Total Debt Issue 56,500,000$ Est. Issuance Costs (0.75% of total debt issued)424,000$ Total 56,924,000$ Water Projects Wastewater Projects Electric Projects Park Projects Parks General Government 2022 General Obligation Authorization General Government Certificates of Obligation Utility Certificates of Obligation Vertical, Facilities, IT Projects Streets Page 163 of 242 May 23, 2024 Item No. 9.3. Century Hill Development Rezoning Sponsor: Gabriel Schrum Reviewed By CBC: N/A Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from M-1 Light Industrial to SC Suburban Commercial for approximately 2.017 acres, being Lot 11R of the Century Hill Development generally located at 3109 Corsair Dr. Relationship to Strategic Goals: Diverse and Growing Economy Recommendation(s): Staff recommends approval of the rezoning request as it is in line with the Comprehensive Plan and is compatible with the surrounding area. Summary: This request is to rezone approximately 2.017 acres of land from M-1 Light Industrial to SC Suburban Commercial. The subject lot is currently undeveloped/vacant and it is the applicant’s intent to develop a medical clinic. Nearby properties include undeveloped and developed light industrial lots, an assisted living facility, a pool supply store, and a medical clinic. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject properties are designated on the Comprehensive Plan Future Land Use & Character Map as Neighborhood Commercial. This rezoning request is aligned with the Comprehensive Plan. For the Neighborhood Commercial land use, the Comprehensive Plan provides the following: Areas of commercial activities that cater primarily to nearby residents. These areas tend to be smaller format than general commercial and are located adjacent to major roads along the fringe of residential areas. The design of these structures is compatible in size, architecture, and lot coverage with surrounding residential uses. The zoning districts that are generally appropriate within this land use include Suburban Commercial and Office. The intent of the Neighborhood Commercial land use is to accommodate the pattern of smaller commercial spaces that support the surrounding neighborhood. The proposed SC Suburban Commercial zoning district allows for smaller-scale commercial developments that are in line with the Comprehensive Plan. Commercial developments in this district should provide an appearance that is compatible with the neighborhood character while providing transitions in building height and mass when adjacent to residential neighborhoods. The development standards for SC Suburban Commercial are aligned with that vision. Page 164 of 242 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The subject property is surrounded by undeveloped M-1 Light Industrial land to the north and south, an assisted living facility that is zoned PDD with a base zoning of SC Suburban Commercial to the east, and a M-1 Light Industrial property that is a medical clinic to the west. The subject property’s being located in the commercial center of the Century Hill Development and near a single-family neighborhood makes SC Suburban Commercial zoning an appropriate designation for this property and is the intent of the Comprehensive Plan. This rezoning also removes the potential for light industrial uses close to an existing neighborhood. The UDO defines light industrial as, "A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing." The proposed zoning of SC Suburban Commercial allows for a variety of neighborhood-friendly uses such as day cares, health clubs, dry cleaners, and personal service shops. These uses are more appropriate for the surrounding area than those of light industrial. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject property is suitable for developments allowed within the proposed zoning district. The site has adequate space to meet the minimal lot dimensional standards for the zoning district. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure surrounding the site is adequate to support the needs of this zoning change. Site-specific improvements necessary to support the development such as sanitary sewer connections, drainage, and any other infrastructure required with the site development, shall be designed and constructed in accordance with the BCS Unified Design Guidelines. A TIA was not required on this rezoning request as the potential trip rate is below the 150 peak trip threshold. 5. The marketability of the property: The uses allowed by the proposed zoning district are generally marketable for the area. The applicant has indicated that even though the property is marketable for some industrial uses, the lack of outdoor storage and yard space makes it less desirable. Budget & Financial Summary: N/A Attachments: 1. Vicinity, Aerial, and Small Area Map Page 165 of 242 2. Background Information 3. Rezoning Exhibit 4. Applicant's Supporting Information 5. Future Land Use Map 6. Rezoning Map 7. Century Hill Ordinance Page 166 of 242 Page 167 of 242 Page 168 of 242 Page 169 of 242 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: Advertised Council Hearing Date: May 2, 2024 May 23, 2024 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Foxfire HOA and Emerald Forest HOA Property owner notices mailed: 17 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Commercial M-1 Light Industrial Undeveloped East Neighborhood Commercial PDD- Planned Development District Assisted Living Facility South Neighborhood Commercial M-1 Light Industrial Pool Supply West Neighborhood Commercial M-1 Light Industrial Medical Clinic DEVELOPMENT HISTORY Annexed:September 1977 Zoning:A-O Agricultural Open upon annexation A-O Agricultural Open to M-1 Light Industrial (1979) Final Plat:Century Hill Development (2017) Site Development:Undeveloped Page 170 of 242 CORSAIR CIRCLETBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER: ZONING MAP CENTURY HILL DEVELOPMENT LOT 11R 2.017 ACRES EXISTING ZONING - LIGHT INDUSTRIAL (M-1) PROPOSED ZONING - SUBURBAN COMMERCIAL (SC) MORGAN RECTOR SURVEY LEAGUE, A-46 COLLEGE STATION, BRAZOS COUNTY, TEXAS SCALE: 1" = 20' MARCH, 2024 OWNER/DEVELOPER: Eilers Holdings, LLC 2901 E 29th Street, Suite 117 Bryan, TX 77802 (979) 776-6152 SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 TBPELS FIRM # 10018500 VICINITY MAP NOT TO SCALECORSAIR DRI VE SEBESTA R O AD EMERALD PARK W A Y F O X F I R E D R I V E Page 171 of 242 Name of Project:CENTURY HILL DEVELOPMENT - LOT 11R (REZ2024-000011) Address:3109 CORSAIR DR Legal Description:CENTURY HILL DEVELOPMENT, LOT 11R, ACRES 2.017 Total Acreage:2.017 Applicant:: Property Owner:CORSAIR CONDOS JOINT VENTURE SCHULTZ ENGINEERING List the changed or changing conditions in the area or in the City which make this zone change necessary. There is a demand for commercial uses such as retail, medical clinic, personal services, and offices in this area. Some of these uses are not permitted in the current industrial zoning. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. This zone change is in accordance with the comprehensive plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? Most industrial uses require outdoor storage and yard space at this lot is not large enough to accommodate the use. Explain the suitability of the property for uses permitted by the rezoning district requested. The property has all services and access suitable for all neighborhood commercial uses. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 172 of 242 Explain the suitability of the property for uses permitted by the current zoning district. The property has all services and access suitable for all neighborhood commercial uses. Explain the marketability of the property for uses permitted by the current zoning district. The property marketable for some industrial uses, but the lack of outdoor storage and yard space makes it less desirable. List any other reasons to support this zone change. Infill commercial development on a lot that has been vacant for more than 15 years. Page 2 of 2 Page 173 of 242 Page 174 of 242 Page 175 of 242 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 2.017 ACRES GENERALLY LOCATED AT 3109 CORSAIR DR, AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” 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 176 of 242 ORDINANCE NO. ____________ Page 2 of 5 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this ______ day of ______________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 177 of 242 ORDINANCE NO. ____________ Page 3 of 5 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from M-1 Light Industrial to SC Suburban Commercial: Lot 11R of the Century Hill Development Page 178 of 242 ORDINANCE NO. ____________ Page 4 of 5 Ordinance Form 08-27-19 Page 179 of 242 ORDINANCE NO. ____________ Page 5 of 5 Ordinance Form 08-27-19 Exhibit B Page 180 of 242 May 23, 2024 Item No. 9.4. McPherson Comprehensive Plan Amendment Sponsor: Robin Macias Reviewed By CBC: Planning & Zoning Commission Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. Relationship to Strategic Goals: Diverse and Growing Economy Recommendation(s): Staff recommends approval of the Comprehensive Plan Future Land Use & Character Map amendment. Summary: The applicant is requesting an amendment to the Comprehensive Plan Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. This Comprehensive Plan Amendment is in conjunction with a rezoning request of PDD Planned Development District. It is the applicant’s intent to develop the property as office and medical uses. The Planning and Zoning Commission heard this item at the May 2, 2024 meeting and unanimously recommended approval. REVIEW CRITERIA 1. Changed or changing conditions in the subject area of the City: The subject property and properties to the west and south have a future land use designation of Suburban Residential. The Suburban Residential land use designation is primarily for areas that consist of low- to moderate- density single-family lots. The development types of this designation tend to be consistent within a subdivision of a neighborhood. The intent of the Suburban Residential land use is to accommodate streetscape features such as sidewalks, street trees, and lighting while supporting neighborhoods with a mix of housing types. This area is developed as single family homes to the south and two commercial businesses to the west. A portion of the subject property and the properties to the north of the subject property are designated as Natural and Open Areas. The Natural and Open Areas land use designation are areas that represent a constraint to development and should be conserved for their natural function or open space qualities. These areas include floodplains, riparian buffers, common areas, and open space. The area to the north of the subject property is Nantucket Lake. The subject property is along a primary image corridor of the city. Primary image corridors include corridors that carry high volumes of traffic and move travelers through or along some of the City’s most significant assets. These corridors give the residents and travelers their first impressions of College Station. A goal of the City’s Comprehensive Plan is to create revitalized gateways and corridors and conserved natural areas. With the update to the City’s Comprehensive Plan in 2021, the land use designation to the east of the subject property across State Highway 6 S was changed Page 181 of 242 from General Suburban to General Commercial. Also with this update, the land use designation of properties to the south of the subject property along State Highway 6 S was changed from Suburban Commercial to General Commercial. These changes in land use designation allows for more commercial development along the primary image corridor. This request to change the land use designation of the subject property to Neighborhood Commercial and Natural and Open Areas aligns with the goal of the Comprehensive Plan to revitalize the corridor and protect natural areas while allowing for the development of an undeveloped property with frontage to State Highway 6 S. 2. Compatibility with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the City as a whole: The applicant is requesting an amendment to the Future Land Use & Character Map to Neighborhood Commercial and Natural and Open Areas and has simultaneously requested a rezoning to PDD Planned Development District with a base zoning of O Office and NAP Natural Areas Protected. The intent of Neighborhood Commercial is to accommodate limited commercial services compared to General Commercial and to support some residential uses that are compatible with the surrounding neighborhood character. The intent of the Natural and Open Areas is to conserve the natural function or open space of areas that represent a constraint to development. The subject property is located at the intersection of Nantucket Drive and State Highway 6 S and has faced development pressures throughout the years as development has continued to move south. This property would be compatible with existing uses, development patterns, and character as Neighborhood Commercial and Natural and Open Areas. The applicant held a neighborhood meeting on April 2, 2024. All property owners within 200 feet of the subject property were notified of the neighborhood meeting, and approximately 13 people were in attendance. While at the meeting, the neighborhood expressed several concerns about permitted uses, lighting and hours of operation. The applicant held a second neighborhood meeting on April 16, 2024 to discuss proposed changes that were made to the rezoning application based on the previous meeting. This meeting had approximately 12 people in attendance. The applicant has worked with the neighborhood to provide a proposed rezoning application that both the property owner and neighborhood are comfortable with. After the second neighborhood meeting, attendees had no expressed concerns regarding the land use change. The proposal is compatible with the character of the area as it allows for small-scale commercial development that is compatible with the residential neighborhood. 3. Impact on environmentally sensitive and natural areas: A small portion of the subject property is designated as FEMA floodplain. The applicant is proposing to expand the Natural and Open Areas beyond the designated floodplain to protect the potential flood area from building development. 4. Impacts on infrastructure including water, wastewater, drainage, and the transportation network: Wastewater service will be provided by College Station Utilities. Water and fire flow service will be provided by Wellborn SUD. Drainage and all other infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject property fronts Nantucket Drive which is designated as a local street and State Highway 6 S which is designated as a Freeway/Expressway. The proposed development will have access off of Nantucket Drive. Page 182 of 242 5. Consistency with the goals and strategies set forth in the Comprehensive Plan: The intent of College Station’s Comprehensive Plan is to create distinctive places, vibrant districts, attractive neighborhoods, revitalized gateways and corridors, and conserved natural areas. The proposed amendment to Neighborhood Commercial and Natural and Open Areas, defined as areas appropriate for commercial activities that cater to nearby residents and conserved spaces for natural functions, is appropriate for this property as it provides small scale commercial development to a nearby neighborhood and protection to the natural area near the lake. Budget & Financial Summary: None. Attachments: 1. Vicinity Map, Aerial and Small Area Map 2. Comprehensive Plan Exhibit 3. Background Information 4. Applicant's Supporting information 5. Future Land Use Map 6. Nantucket Comp. Plan Ordinance Page 183 of 242 Page 184 of 242 Page 185 of 242 Page 186 of 242 NANTUCKET DRIVE 4 3 2 1NANTUCKET LTDNANTUCKET PH 2, BLOCK13, LOT 2 (229' OF)Acres: 1.722Current Land Use:Suburban ResidentialNANTUCKET LTDA021001, S D SMITH (ICL)TRACT 20.07Acres: 1.53Current Land Use:Natural & Open Areas,Suburban ResidentialNANTUCKET DRIVE 4 3 2 1NANTUCKET LTDNANTUCKET PH 2, BLOCK13, LOT 2 (229' OF)Acres: 1.722Proposed Land Use:Natural & Open Areas,Neighborhood CommercialNANTUCKET LTDA021001, S D SMITH (ICL)TRACT 20.07Acres: 1.53Proposed Land Use:Natural & Open Areas,Neighborhood CommercialSTATE HWY 6NANTUCKET DRIVESITECPAEXISTINGPROPOSEDVICINITY MAP NOTES: 1.In accordance with FEMA'S FLOOD INSURANCE RATE MAPpanel 48041C0350E, the site lies within the 100-yearfloodplain boundary, Effective Date : 5/16/2012 LEGEND S:\23Proj\23066-McPherson Endodontics-Nantucket-SH6\23066-Comp Plan Amendment Map.dwg, CPA, 2/26/2024 12:43:53 PM Page 187 of 242 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: May 2, 2024 Advertised Council Hearing Date: May 23, 2024 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Nantucket Preservation Association Property owner notices mailed: 16 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Natural and Open Areas R Rural Nantucket Lake South Suburban Residential PDD Planned Development District Nantucket Drive (local street) East General Commercial GS General Suburban State Highway 6 S (expressway/freeway) and Common Area for Nantucket Neighborhood Sign West Suburban Residential R Rural Commercial business DEVELOPMENT HISTORY Annexation: August 1996 Zoning:A-O Agricultural Open (1996) Renamed to R Rural (2013) Final Plat: Nantucket Ph 1 and Nantucket Ph 2 Site development:Undeveloped Page 188 of 242 Page 1 of 2 COMP PLAN APPLICATION SUPPORTING INFORMATION MCPHERSON ENDODONTICS (CPA2024-000001) Name of Project: Address: Legal Description: A021001, S D SMITH (ICL), TRACT 20.07, 1.5346 ACRES Total Acreage: 3.25 Applicant: MITCHELL & MORGAN Property Owner: NANTUCKET LTD What element of the Comprehensive Plan and at what location is requested to be amended? Land Use Plan Amendment at State Highway 6 and Nantucket Drive What is the amendment requested? We request to amend the Comprehensive Land Use Plan for this property from Residential Suburban to Neighborhood Commercial and Natural & Open Areas. What is the reason for the amendment? The subject property has been off and, on the market, and remained undeveloped for many years. With its location on the State Highway 6 frontage road, it would serve well as a neighborhood office development anchored by a dental office with low impact uses to the nearby neighborhoods. The Comprehensive Plan states that Neighborhood Commercial land uses tend to be located adjacent to major roads along the fringe of residential areas. This tract is more ideal for office activities than residential development. How will this change be compatible with the existing uses, development patterns, and character of the immediate area concerned, the general area, and the city as a whole? As the southern areas of the city continue to develop, neighborhood office uses will become more important to serve the residents. Having professional offices, medical and/or dental offices within the vicinity of the nearby neighborhoods creates a sustainable environment by eliminating vehicle trips on public roadways to establishments further into College Station and by creating economic opportunities. Page 189 of 242 Page 2 of 2 Explain the impact on environmentally sensitive and natural areas and infrastructure, including water, wastewater, drainage and transportation network. We recognize that a portion of this property is in an environmentally sensitive area, and we will accommodate for this area in the design of our plans. The property has available to it an 8-inch sanitary sewer line through the property and an 18-inch sanitary sewer line along Nantucket Drive. The water service to this property is provided by Wellborn Special Utility District. The uses associated with neighborhood retail and office uses on a 3.25-acre tract should not have an issue with water or wastewater service based upon these line sizes. A traffic impact analysis will not be required for this development as traffic is low enough for these uses that it will not exceed the threshold to require one. Drainage is important to consider on the subject property due to the location of the dam and spillway for the lake. The Natural Areas Preserved area shown with this request was created based upon the projected 100- year flood water surface elevation for the dam and spillway in the report titled “Proposed Spillway Improvements to Nantucket Lake” dated December 1984 and prepared by Jerry Bishop & Associates. Based upon this Comprehensive Plan and future rezoning boundary, we have protected the potential flood area from building development. The only development would be a nature trail with only trail improvements and no structures. Explain how this change will be consistent with the goals and strategies set forth in the Comprehensive Plan. The Comprehensive Plan promotes creating places of distinction as identified in the goals and objectives. The requested land use plan amendment request is consistent with the following intentions set by the City of College Station, found in Chapter 2: Distinctive Places: • A priority for infill development (and redevelopment) over expansion of the urban area, and engaging the residents in development planning, • That growth occurs in a sustainable and efficient manner to accommodate an increasing population and mitigates negative impacts on the natural and built environment, minimize sprawl, and makes sound economic sense for infrastructure provision and City services • Existing neighborhoods are conserved, enhanced, or revitalized with harmonious improvements, infill development, and compatible adjacent land uses that enhance the established neighborhood’s character.. List any other reasons to support this zone change. N/A List any other additional properties. N/A Page 190 of 242 Page 191 of 242 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING THE OFFICIAL CITY OF COLLEGE STATION COMPREHENSIVE PLAN BY AMENDING THE COMPREHENSIVE PLAN– FUTURE LAND USE & CHARACTER MAP FROM SUBURBAN RESIDENTIAL AND NATURAL AND OPEN AREAS TO NEIGHBORHOOD COMMERCIAL AND NATURAL AND OPEN AREAS FOR APPROXIMATELY 3.25 ACRES OF LAND, GENERALLY LOCATED WEST OF THE INTERSECTION OF NANTUCKET DRIVE AND STATE HIGHWAY 6 S; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the “Official City of College Station Comprehensive Plan” is hereby amended by adding new Subsection “E.1.d” of Exhibit “A” thereto as set out in Exhibit “A” attached hereto and made a part hereof; as set out in Exhibit “B” attached hereto and made a part hereof. PART 2: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3: That this Ordinance shall take effect immediately from and after its passage. PASSED, ADOPTED and APPROVED this _______ day of ____, 2024. ATTEST: APPROVED: _____________________________ _________________________________ City Secretary Mayor APPROVED: ___________________________ City Attorney Page 192 of 242 ORDINANCE NO. ___________ Page 2 of 6 EXHIBIT A That Ordinance No.4303 adopting the “Official City of College Station Comprehensive Plan” as amended, is hereby amended by adding Subsection “E.1.d” to Exhibit “A” of said plan for Exhibit “A” to read in its entirety as follows: A. Comprehensive Plan The Official City of College Station Comprehensive Plan (Ordinance 4303) is hereby adopted and consists of the following: 1. Plan Foundation; 2. Distinctive Places; 3. Strong Neighborhoods; 4. A Prosperous Economy; 5. Engaging Spaces; 6. Integrated Mobility; 7. Exceptional Services; 8. Managed Growth; 9. Collaborative Partnerships; and 10. Plan Implementation B. Master Plans The following Master Plans are hereby adopted and made a part of the Official City of College Station Comprehensive Plan: 1. The Northgate Redevelopment Plan dated November 1996; 2. The Revised Wolf Pen Creek Master Plan dated 1998; 3. Northgate Redevelopment Implementation Plan dated July 2003; 4. Bicycle, Pedestrian, and Greenways Master Plan dated January 2010; 5. Parks, Recreation, and Open Spaces Master Plan dated July 2011; 6. Medical District Master Plan dated October 2012; 7. Wellborn Community Plan dated April 2013; 8. Economic Development Master Plan dated May 2020; 9. The Water System Master Plan dated April 2017; and 10. The Wastewater System Master Plan dated April 2017. Page 193 of 242 ORDINANCE NO. ___________ Page 3 of 6 C. Master Plan Amendments The following Master Plan Amendments to the Official City of College Station Comprehensive Plan are as follows: 1. Expiring the East College Station Transportation Study dated May 2005 – Ordinance 4404, dated November 10, 2022. 2. Expiring the Central College Station Neighborhood Plan dated June 2010 – Ordinance 4404, dated November 10, 2022. 3. Expiring the Eastgate Neighborhood Plan dated June 2011 – Ordinance 4404, dated November 10, 2022. 4. Expiring the Southside Area Neighborhood Plan dated August 2012 – Ordinance 4404, dated November 10, 2022. 5. Expiring the South Knoll Neighborhood Plan dated September 2013 – Ordinance 4404, dated November 10, 2022. D. Text Amendments The following Text Amendments to the Official City of College Station Comprehensive Plan are as follows: 1. Text Amendments: a.Chapter 2. Distinctive Places by amending the text regarding the Neighborhood Center future land use description, intent, and generally appropriate zoning districts – Ordinance 4351, dated April 28, 2022. b.Chapter 2. Distinctive Places by amending the text regarding the Planning Areas description to remove expired plans – Ordinance 4404, dated November 10, 2022. E. Map Amendments The following Map Amendments to the Official City of College Station Comprehensive Plan are as follows: 1. Future Land Use & Character Map: a. Approximately 5 acres of land generally located at 2354 Barron Road from Suburban Residential to Neighborhood Commercial – Ordinance 4365, dated June 23, 2022. Page 194 of 242 ORDINANCE NO. ___________ Page 4 of 6 b. Approximately 17 acres of land generally located at 400 Double Mountain Road from Medical to Urban Residential – Ordinance 4378, dated August 11, 2022. c. Approximately 0.19 acres of land generally located at 106 Southland Street from Suburban Residential to Neighborhood Commercial – Ordinance 4388, dated September 8, 2022 d. Approximately 3.25 acres of land generally located west of the intersection of Nantucket Drive and State Highway 6 S from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas 2. Planning Areas Map: a. Removing the Central College Station Neighborhood Plan, Eastgate Neighborhood Plan, Southside Area Neighborhood Plan, and South Knoll Neighborhood Plan – Ordinance 4404, dated November 10, 2022. F. General 1.Conflict. All parts of the Comprehensive Plan and any amendments thereto shall be harmonized where possible to give effect to all. Only in the event of an irreconcilable conflict shall the later adopted ordinance prevail and then only to the extent necessary to avoid such conflict. Ordinances adopted at the same city council meeting without reference to another such ordinance shall be harmonized, if possible, so that effect may be given to each. 2.Purpose. The Comprehensive Plan is to be used as a guide for growth and development for the entire City and its Extraterritorial Jurisdiction (“ETJ”). The Comprehensive Plan depicts generalized locations of proposed future land uses, including thoroughfares, bicycle and pedestrian ways, parks, greenways, and waterlines, and sewer lines that are subject to modification by the City to fit local conditions and budget constraints. 3.General nature of Future Land Use. The Comprehensive Plan, in particular the Future Land Use & Character Map and any adopted amendments thereto, shall not be, nor be considered, a zoning map, shall not constitute zoning regulations or establish zoning boundaries, and shall not be site or parcel specific but shall be used to illustrate generalized locations. 4.General nature of College Station Comprehensive Plan. The Comprehensive Plan and any additions, amendments, master plans and subcategories thereto depict same in generalized terms including future locations; and are subject to modifications by the City to fit local conditions, budget constraints, cost participation, and right-of-way Page 195 of 242 ORDINANCE NO. ___________ Page 5 of 6 availability that warrant further refinement as development occurs. Linear routes such as thoroughfares, bikeways, pedestrian ways, greenways, waterlines, and sewer lines that are a part of the Comprehensive Plan may be relocated by the City 1,000 feet from the locations shown in the Comprehensive Plan without being considered an amendment thereto. 5.Reference. The term College Station Comprehensive Plan includes all of the above in its entirety as if presented in full herein, and as same may from time to time be amended. Page 196 of 242 ORDINANCE NO. ___________ Page 6 of 6 EXHIBIT B That the “Official City of College Station Comprehensive Plan” is hereby amended by amending a portion of the map titled “Future Land Use & Character” from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for the following property: Page 197 of 242 May 23, 2024 Item No. 9.5. McPherson Rezoning Sponsor: Robin Macias Reviewed By CBC: N/A Agenda Caption: Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to PDD Planned Development District on approximately 3.25 acres being in the Sterrett D. Smith League, Abstract 210 and a portion of Lot 3, Block 13, Nantucket Phase 2, generally located west of the intersection of Nantucket Drive and State Highway 6 South. Relationship to Strategic Goals: Diverse and growing economy Recommendation(s): Staff recommends approval of the rezoning and associated Concept Plan as it is in line with the proposed amendment to the Comprehensive Plan, is compatible with the surrounding area, and the community benefits provided will offset the change in use of the property. Summary: This request is to rezone the subject property from R Rural to PDD Planned Development District with a base zoning of O Office and NAP Natural Areas Protected. The proposed Concept Plan shows the general building and parking layout of the site as well as open space and a walking trail. The proposed concept plan will remove a portion of the buffer at the northwest corner of the lot between the subject property and the adjacent property that is zoned R Rural and remove the requirement for a fence along the buffer, but will remove more intense uses, modify signage requirements and lighting to the standards of the SC Suburban Commercial zoning district, restrict parking lot lighting, increase architectural standards, restrict business hours, and provide for a recreational trail. The Planning and Zoning Commission heard this item at the May 2, 2024 meeting and unanimously recommended approval. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The Comprehensive Plan Future Land Use and Character Map designates the subject property as Suburban Residential and Natural and Open Areas. The Comprehensive Plan generally describes the Suburban Residential land use designation as follows: Areas of primarily single-family residential areas that consist of low to moderate density single- family lots. These areas may also include limited townhomes, duplexes, other housing types and some non-residential uses that are compatible with surrounding single-family areas. The intent of the district is to: • Accommodate streetscape features such as sidewalks, street trees, and lighting • Support neighborhoods with a mix of housing types The Comprehensive Plan generally describes the Natural and Open Areas land use designation as Page 198 of 242 follows: Areas that represent a constraint to development and that should be conserved for their natural function or open space qualities. These areas can include floodplains, riparian buffers, common areas, and open space. The zoning districts that are generally appropriate within this land use within the Suburban Residential and Natural and Open Areas include: GS General Suburban and NAP Natural Areas Protected. This application is in conjunction with a Comprehensive Plan amendment to change the future land use designation from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas. The Comprehensive Plan generally describes the Neighborhood Commercial land use designation as follows: Areas of commercial activities that cater primarily to nearby residents. These areas tend to be smaller format than general commercial and are located adjacent to major roads along the fringe of residential areas. Generally appropriate zoning districts include suburban commercial and office zoning. The proposed zoning district of PDD Planned Development District with a base zoning of O Office and NAP Natural Areas Protected would be in line with the proposed amendment to the Comprehensive Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The property has frontage to State Highway 6 S and Nantucket Drive. Adjacent properties are zoned R Rural to the north and west and PDD Planned Development District to the south. The property to the east of the subject property across State Highway 6 S is zoned R Rural. The O Office zoning district is intended to accommodate selected commercial businesses that provide service rather than sell products. The uses allowed should have relatively low traffic generation and require limited location identification. The property to the north is Nantucket Lake. The adjacent lots to the west are developed as a photography studio and office space. Properties to the south are developed as residential homes. The proposed zoning district is appropriate for the surrounding area as commercial development continues to grow south. The proposed zoning district will be appropriate with the accompanying comprehensive plan amendment to Neighborhood Commercial. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The size and location of the subject property is suitable for developments allowed within this proposed zoning district. A small portion of the property is designated as FEMA floodplain. Additional site area is proposed to be rezoned with a base zoning of NAP Natural Areas Protected to prevent Page 199 of 242 development in portions of the site that are anticipated to be flooded during a 100-year storm due to the adjacent spillway and dam. The site has adequate space to meet the minimal dimensional standards for the base zoning districts of O Office and NAP Natural Areas Protected. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The existing water and wastewater infrastructure is adequate to support the needs of this development. Drainage and any other infrastructure required with the site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The subject property has frontage to State Highway 6 S, a freeway/expressway on the Thoroughfare Plan, and Nantucket Drive, a local street. The site will take access off of Nantucket Drive. A traffic impact analysis was not required for the proposed request as the anticipated traffic volume falls below the threshold of 150 trips in the peak hour that would require a TIA to be performed. 5. The marketability of the property: The applicant has stated that the subject property has remained undeveloped for the past 40 years and has been marketed for non-residential uses. Given the proximity to State Highway 6 S, these lots are more suitable for more intense development to support the growing residential lots with neighborhood-scale office uses while protecting the natural areas. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. The applicant held two neighborhood meetings where they presented the rezoning request and concept plan and worked with the surrounding neighborhood on desired modifications and benefits. Page 200 of 242 The adjacent property owners have expressed a desire to remove the required fence along the required buffer area to preserve the open feel of the area. They feel installing a fence would restrict the view of the lake while entering or leaving the neighborhood via Nantucket Drive. Purpose and Intent: The Planned Development District for this property outlines the purpose, intent, and community benefit of the proposed development, which is to provide commercial offices that are compatible with the surrounding neighborhood. The proposed Concept Plan allows for the removal of the required fence along the buffer area and the removal of a 50-ft. portion of the required buffer area at the northwest corner of the property. The Concept Plan also offers several community benefits to mitigate impacts the development may have on the adjacent residential development. Base Zoning and Meritorious Modifications: The Planned Development District has a base zoning of O Office and NAP Natural Areas Protected. 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 meritorious modifications: • Remove the fence along the buffer yard as required in Section 7.7.F of the UDO and only provide a minimum of one 2-inch caliper canopy tree per 25 linear feet of landscape buffer and a minimum of 1.25-inch caliper non-canopy tree per 15 linear feet of landscaping buffer. • Remove 50 feet of buffer yard as required in Section 7.7 of the UDO along the shared property line as depicted in the Concept Plan. Community Benefits: The applicant is proposing the following community benefits: 1. Remove more intense permitted used as follows: • Educational Facility, Indoor Instruction • Educational Facility, Vocational/Trade • Animal Care Facilities, Indoor • Day Care, Commercial • Personal Service Shop • Printing/Copy Shop • Dry Cleaners and Laundry • Sexually Oriented Business • Wireless Telecommunication Facilities – Unregulated, Intermediate and Major The uses to be permitted on the site are as follows: • Educational Facility, Tutoring • Education Facility, Primary & Secondary • Governmental Facilities • Utilities • Health Care, Medical Clinics • Parks • Places of Worship • Art Studio, Gallery Page 201 of 242 • Offices • Radio/TV Studios • Parking as a primary use – Permitted with a Conditional Use Permit 2. The property will follow SC Suburban Commercial development standards for non-residential architectural standards as required in Section 7.10 of the UDO and parking lot lighting fixture requirements as specified in Section 7.11 of the UDO. 3. To limit disturbance to the residential area, the hours of operation for all businesses within the development will end at 7:00 p.m. For all medical or dental offices, new patients will not be received after 7:00 p.m. Appointments in progress will have the ability to conclude treatment. Additionally, parking lot lighting will be off during the limited hours of 8:00 p.m. to 6:00 a.m. 4. A recreational trail will be built along the perimeter of the NAP Natural Areas Protected area as depicted in the Concept Plan. 5. To minimize the visual impacts of stand alone on-street signage, no freestanding sign will be permitted. The site is limited to low-profile signs. 6. To reduce light pollution, only externally illuminated signage is allowed. No internally lit cabinet signage is allowed. These community benefits will help offset the requested modifications by enhancing the architectural features of the buildings to maintain a neighborhood aesthetic, prohibiting freestanding signs, limiting the signage lighting to being only externally illuminated which is pointed directly at the sign, limiting hours of operation, limiting parking lot lighting hours, and removing more intense permitted uses. Providing a trail along the open area will provide the community with a recreation area to view the natural features of the area. Budget & Financial Summary: N/A Attachments: 1. Vicinity Map, Aerial and Small Area Map 2. Background Information 3. Applicant's Supporting Information 4. Rezoning Exhibit 5. Bulk Variances Letter 6. Proposed Concept Plan 7. Letter to city - fence objection 8. Existing Future Land Use Map 9. Rezoning Map 10. Nantucket PDD Ordinance Page 202 of 242 Page 203 of 242 Page 204 of 242 Page 205 of 242 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: May 2, 2024 Advertised Council Hearing Date: May 23, 2024 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Nantucket Preservation Association Property owner notices mailed: 16 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Natural and Open Areas R Rural Nantucket Lake South Suburban Residential PDD Planned Development District Nantucket Drive (local street) East General Commercial GS General Suburban State Highway 6 S (expressway/freeway) and Common Area for Nantucket Neighborhood Sign West Suburban Residential R Rural Commercial business DEVELOPMENT HISTORY Annexation: August 1996 Zoning:A-O Agricultural Open (1996) Renamed to R Rural (2013) Final Plat: Nantucket Ph 1 and Nantucket Ph 2 Site development:Undeveloped Page 206 of 242 Page 1 of 4 REZONING PDD APPLICATION SUPPORTING INFORMATION Name of Project: MCPHERSON ENDODONTICS REZONING (REZ2024-000005) Address: Legal Description: A021001, S D SMITH (ICL), TRACT 20.07, 1.5346 ACRES Total Acreage: 3.25 Applicant: CRISSY HARTL Property Owner: NANTUCKET LTD List the changed or changing conditions in the area or in the City which make this zone change necessary. As the southern areas of the city continue to develop, medical facilities will become more important to serve the residents. Having professional offices, medical and/or dental offices within the vicinity of the nearby neighborhoods creates a sustainable environment by eliminating vehicle trips on public roadways to establishments further into College Station and by creating economic opportunities. Further, the development will preserve the natural areas on the property, which will ultimately be an amenity to the office complex. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. We’ve requested a Comprehensive Plan Amendment to Neighborhood Commercial and Natural & Open Areas. If the Comprehensive Plan Amendment is approved, the rezoning request will be in compliance with the Land Use Plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? Neighborhood commercial land uses are intended to cater primarily to nearby residents. According to the Comprehensive Plan, these areas tend to be smaller format than general commercial and the structures are compatible in size, architecture and lot coverage with surrounding residential uses. Neighborhood commercial at this scale is designed to be compatible with residential and blend in with the character of the neighborhoods. In addition to the compatibility of the uses proposed, the preserved open area will be compatible with the wide pattern of large lot open space throughout the subdivision. Page 207 of 242 Page 2 of 4 Explain the suitability of the property for uses permitted by the rezoning district requested. Even though these lots are largely designated as Suburban Residential, they have remained undeveloped for 40 years since being platted. Being the closest lots to State Highway 6, these lots have become more suitable for more intense level of development, while still being compatible with the surrounding residential lots. Explain the suitability of the property for uses permitted by the current zoning district. While residential development would be suitable and compatible with the developed residential lots in the Nantucket and South Hampton subdivisions, it’s not as likely given the lots proximity to State Highway 6. These lots are more suitable to support the growing residential lots with neighborhood-scale office uses while protecting the natural areas. Explain the marketability of the property for uses permitted by the current zoning district. These lots have been on and off the market for several years and have been marketed for non-residential uses, as residential uses are not marketable at this location. There has been much interest in the lots for various non-residential uses such as office and commercial as these lots are more appropriate for small scale office uses. List any other reasons to support this zone change. N/A Maximum Building Height. 20' Proposed Drainage. Drainage is important to consider on the subject property due to the location of the dam and spillway for the lake. The Natural Areas Preserved area shown with this request was created based upon the projected 100- year flood water surface elevation for the dam and spillway in the report titled “Proposed Spillway Improvements to Nantucket Lake” dated December 1984 and prepared by Jerry Bishop & Associates. Based upon this Comprehensive Plan and future rezoning boundary, we have protected the potential flood area from building development. The only development would be a nature trail with only trail improvements and no structures. Variations Sought. Please see the attached bulk variances letter. Page 208 of 242 Page 3 of 4 Community Benefits. Please see the attached bulk variances letter. Sustained Stability. Suburban Commercial developments are intended to be compatible with neighborhoods not only in the uses that are permitted, but also in the size and scale of the buildings as well as the design. This development will be very compatible to the character of the surrounding area, which will contribute greatly to the stability of the established Nantucket and South Hampton subdivisions. Conformity. The Comprehensive Plan promotes infill that mitigates negative impacts on the built and natural environment, prioritizes the management and conservation of natural areas, and that existing neighborhoods are conserved, enhanced, or revitalized with harmonious improvements, infill development, and compatible adjacent land uses that enhance the established neighborhood’s character. The proposed office development is a representation of these policies, goals and objects and of many more found throughout the Comprehensive Plan. Compatibility with use. The base zoning for this PDD Planned Development District is O Office. According to the Unified Development Ordinance, the O Office district “will accommodate selected commercial businesses that provide a service rather than sell products, either retail or wholesale. The uses allowed have relatively low traffic generation and require limited location identification.” The proposed office development built with a residential aesthetic will be very complimentary to the developed residences. Access to Streets. N/A Public Improvements. This development will provide all necessary and required infrastructure to the site. Page 209 of 242 Page 4 of 4 Public Health. The concept plan includes plans for a trail system adjacent to the office development to provide opportunities for outdoor recreation and exercise to encourage healthy activity. The trails from the development and throughout the open space will be carefully designed for safe usage, and will greatly contribute to increased welfare for both the patrons of the development and nearby residents. Safety. The proposed concept plan features a building layout that is balanced with a generous open space. In addition to proposed green space among the office buildings, the preserved natural areas will also include walking trails for both patrons and residents of nearby neighborhoods to enjoy the open green space and views of Nantucket Lake. Pedestrian pathways will be designed and constructed to promote both health and safety. Page 210 of 242 NANTUCKET DRIVE 4 4 3 2 1NANTUCKET LTDA021001, S D SMITH (ICL)TRACT 20.07Acres: 1.53Current Zoning:R RuralNANTUCKET LTDNANTUCKET PH 2, BLOCK13, LOT 2 (229' OF)Acres: 1.722Current Zoning:R Rural 4 4 3 2 1NANTUCKET DRIVENANTUCKET LTDNANTUCKET PH 2, BLOCK 13,LOT 2 (229' OF),A021001, S D SMITH (ICL)TRACT 20.07Acres: 3.252Proposed Zoning:PDD Planned DevelopmentDistrictBase Zoning: O OfficeNAP Natural Areas ProtectedSTATE HWY 6NANTUCKETDRIVESITERZEXISTINGPROPOSED LEGEND VICINITY MAP NOTES: 1.In accordance with FEMA'S FLOOD INSURANCE RATE MAPpanel 48041C0350E, the site lies within the 100-yearfloodplain boundary, Effective Date : 5/16/2012Page 211 of 242 Page 212 of 242 Page 213 of 242 Page 214 of 242 COMMON AREAOWNED BY: NANTUCKETPRESERVATIONASSOCIATION, INC. OPEN SPACEBUILDINGAREAACCESS &PARKINGAREABUFFER AREABUFFER AREANANTUCKET DRSTATE HIGHWAY 6 S N/FNANTUCKET LTDPORTION OF THEREMAINDER OFCALLED 595.85ACRE TRACT(531/398)APPROXIMATELOCATION OF FLOODPLAINNATURAL GREENSPACEWITH NATURE TRAILBUILDINGAREABUILDINGAREAACCESS &PARKING AREANANTUCKET LTDA021001, S D SM ITH ( ICL )TRACT 2 0.07Acres : 1.5 3Curre nt Zon ing : R/Ru ral NANTUCKET LTDA021001, S D SM ITH ( ICL )TRACT 2 0.07Acres : 1.5 3Propos ed Zon ing :SC/Subu rban Comm erc ia l SITESTATE HWY 6NANTUCKET DRIVENTSCONCEPT PLANCPNOTES:1. TOTAL SITE AREA: 2.23 ACRES2. THERE IS A FEMA REGULATED 100-YEAR FLOODPLAIN ONTHIS SITE PER FEMA MAP PANEL #48041C0350E DATED5/16/2012.3. THE DEVELOPMENT WILL NOT INCLUDE PARKS,GREENWAYS, CONSERVATION AREAS, OR SCHOOLS.4. ALL SITE LIGHTING WILL COMPLY WITH CITY OF COLLEGESTATION ORDINANCES.5. SEE BULK VARIANCES LETTER FOR MERITORIOUSMODIFICATIONS.VICINITY MAPLEGENDNAP NATURAL & OPEN AREASPage 215 of 242 Page 216 of 242 Page 217 of 242 Page 218 of 242 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 3.25 ACRES OF LAND IN THE STERRETT D. SMITH LEAGUE, ABSTRACT 210 AND A PORTION OF LOT 3, BLOCK 13 OF NANTUCKET PHASE TWO, GENERALLY LOCATED WEST OF THE INTERSECTION OF NANTUCKET DRIVE AND STATE HIGHWAY 6, AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B” Exhibit “C” and Exhibit “D” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 219 of 242 ORDINANCE NO. ____________ Page 2 of 12 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this ______ day of ______________________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 220 of 242 ORDINANCE NO. ____________ Page 3 of 12 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to PDD Planned Development District: In the Sterrett D. Smith League, Abstract 210 and a portion of Lot 3, Block 13 of Nantucket Phase Two, generally located west of the intersection of Nantucket Drive and State Highway 6. Page 221 of 242 ORDINANCE NO. ____________ Page 4 of 12 Ordinance Form 08-27-19 Page 222 of 242 ORDINANCE NO. ____________ Page 5 of 12 Ordinance Form 08-27-19 Page 223 of 242 ORDINANCE NO. ____________ Page 6 of 12 Ordinance Form 08-27-19 Page 224 of 242 ORDINANCE NO. ____________ Page 7 of 12 Ordinance Form 08-27-19 Page 225 of 242 ORDINANCE NO. ____________ Page 8 of 12 Ordinance Form 08-27-19 Page 226 of 242 ORDINANCE NO. ____________ Page 9 of 12 Ordinance Form 08-27-19 Exhibit B Page 227 of 242 ORDINANCE NO. ____________ Page 10 of 12 Ordinance Form 08-27-19 Exhibit C Page 228 of 242 ORDINANCE NO. ____________ Page 11 of 12 Ordinance Form 08-27-19 Exhibit D Base Zoning Districts: O Office and NAP Natural Areas Protected Meritorious Modifications: 1. Remove fence requirement along buffer with adjacent property as required in Unified Development Ordinance Section 7.7 Buffer Requirements. The following planting shall be installed in the buffer yard: a. A minimum of one (1) and one-fourths (1.25) inch caliper non-canopy tree per fifteen (15) linear feet of landscaping buffer. The Administrator may allow the substitution of a minimum of one (1) five (5) gallon shrub at a minimum of three (3) feet in height per three (3) linear feet of landscaping buffer for the non-canopy tree requirement, or may require the substitution to mitigate potential negative impacts of a development; and b. A minimum of one (1) two (2) inch caliper canopy tree per twenty-five (25) linear feet of landscape buffer. 2. Remove 50’ of buffer yard as required in Unified Development Ordinance Section 7.7 along the shared property line as depicted in the Concept Plan Community Benefits: 1. Remove more intense permitted uses as follows: •Educational Facility, Indoor Instruction •Educational Facility, Vocational/Trade •Animal Care Facilities, Indoor •Day Care, Commercial •Personal Service Shop •Printing/Copy Shop •Dry Cleaners and Laundry •Sexually Oriented Business •Wireless Telecommunication Facilities – Unregulated, Intermediate and Major The uses to be permitted on the site are as follows: •Educational Facility, Tutoring •Educational Facility, Primary & Secondary •Governmental Facilities •Utilities •Health Care, Medical Clinics •Parks •Places of Worship •Art Studio, Gallery •Offices •Radio/TV Studios •Parking as a primary use – Permitted with a Conditional Use Permit Page 229 of 242 ORDINANCE NO. ____________ Page 12 of 12 Ordinance Form 08-27-19 2. The property will follow SC Suburban Commercial development standards for non- residential architectural standards as required in Section 7.10 of the UDO and parking lot lighting fixture requirements as specified in section 7.11 of the UDO. 3. To limit disturbance to the residential area, the hours of operation for businesses within the development will end at 7:00 p.m. For all medical or dental offices, new patients will not be received after 7:00 p.m. Appointments in progress will have the ability to conclude treatment. Additionally, parking lot lighting will be off during the limited hours of 8:00 p.m. to 6:00 a.m. 4. A recreational trail will be built along the perimeter of the NAP Natural Areas Protected area as depicted in the Concept Plan. 5. To minimize the visual impacts of stand alone on-street signage, no freestanding sign will be permitted. The site is limited to low-profile signs. 6. To reduce light pollution, only externally illuminated signage is allowed. No internally lit cabinet signage is allowed. Page 230 of 242 May 23, 2024 Item No. 9.6. NETL Ph 4 Design Change Order 2 Sponsor: Jennifer Cain, Director Capital Projects Reviewed By CBC: City Council Agenda Caption: Presentation, discussion, and possible action on Change Order No. 2 for the Northeast Sewer Trunk Line Ph IV Project design contract with Kimley-Horn and Associates, Inc., not to exceed $1,030,400. Relationship to Strategic Goals: Core services and infrastructure Recommendation(s): Staff recommends approval. Summary: The City of College Station approved a contract in 2022 with Kimley-Horn and Associates, Inc. for the design of the Northeast Sewer Trunk Line Phase IV. The design will include installation of a sewer trunk line which will serve areas of the community including the University Corridor and Northgate. This project will allow for continued development in this area which could soon be limited by existing sewer capacity. The contract amendment allows for the design of the lift station in order to reroute the sewer trunk line to Cooner Street/Chimney Hill instead of through the Beverley Estates neighborhood in Bryan. Budget & Financial Summary: A budget of $25,500,000 is included in the Wastewater Capital Improvement Projects Fund for this project. A total of $1,585,093 has been spent or committed to date, leaving a balance of $23,914,907 for this change order and future costs. Attachments: 1. NETL Ph IV Design Change Order #2 Page 231 of 242 CHANGE ORDER NO. 2 DATE: March 14, 2024 Contract No. 22300588 P.O.#- 22204717 PROJECT: NE SEWER TRUNKLINE PH IV DESIGN OWNER:CONTRACTOR: City of College Station Kimley-Horn and Associates, Inc P.O. Box 9960 2800 S. Texas Ave, Ste 201 Ph: 979-775-9595 College Station, Texas 77842 Bryan, Texas 77802 Fax: N/A PURPOSE OF THIS CHANGE ORDER: ITEM UNIT PREVIOUS REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST CO2 EA Scope Amendment No. 2 Design Fees $1.00 1458500 2488900 $1,030,400.00 TOTAL $1,030,400.00 LINE 2 SEWER (SCWOC-6590)$541,498.00 LINE 3 SEWER (SCWOC-6590)$488,902.00 TOTAL CHANGE ORDER $1,030,400.00 ORIGINAL CONTRACT AMOUNT $1,371,000.00 CHANGE ORDER NO. 1 $87,500.00 6%CHANGE CHANGE ORDER NO. 2 $1,030,400.00 75% CHANGE REVISED CONTRACT AMOUNT $2,488,900.00 82% TOTAL CHANGE SUBSTANTIAL COMPLETION DATE 6/4/2025 APPROVED _____________________________________________________________________________________ A/E CONTRACTOR Date ASST CITY MGR - CFO Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ DEPARTMENT DIRECTOR Date CITY MANAGER Date THE NET AFFECT OF THIS CHANGE ORDER IS 82%. A. This change order is for additional design services neccesitated by the route change of the proposed sewer trunkline through the Chimney Hill area instead of Beverly Estates. The significant cost increase to the design is due to the added cost of designing the lift station required by this route. Page 232 of 242 Rev. 7/18 AMENDMENT NUMBER 2 TO THE AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC. This is Amendment number 2 dated March 14, 2024 to the agreement between City of College Station ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") dated July 28, 2022 (“the Agreement") concerning Northeast Sewer Trunkline Ph IV Design Contract (the "Project"). The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement. The Agreement is amended to include services to be performed by Consultant for compensation as set forth below in accordance with the terms of the Agreement, which are incorporated by reference. This Amendment is for additional professional services determined to be needed during preliminary sanitary sewer trunk line design, public involvement, and jurisdictional coordination phases. The scope of the project has changed to conveying sanitary sewer flow from the Hensel Park Lift Station to the upstream end of Northeast Sanitary Sewer – Phase 3, on the west side of SH 6, via sanitary sewer force main and gravity sewer. The new alignment will route through Winter Park, Autumn Circle, Tarrow Street, Hearthstone Circle, Chimney Hill Drive, Texas Avenue, and Hensel Street. Services involve design of approximately 1,660 linear feet of 30-inch sanitary sewer gravity line, 6,340 linear feet of 24-inch sanitary sewer gravity line, 2,930 linear feet of 18-inch sanitary sewer force main, and one (1) 6.7 million gallon per day (MGD) sanitary sewer lift station. The proposed 18-inch sanitary sewer force main will convey flow from the proposed sanitary sewer lift station at Hensel Park to an existing 24-inch sanitary sewer along Cooner Street. The proposed 24-inch sanitary sewer will connect to the existing 24-inch sanitary sewer at the east end of Cooner street and route towards Winter Park. Consultant will perform the following services based on direction provided by City. Additional scope detailed below will be performed in accordance with the original Project scope. Reference Attachment A Scoping Exhibit. Task 1: Project Management · Prepare and attend five (5) additional project status meetings. · Perform additional project administration. · Perform additional Quality Assurance/Quality Control (QA/QC) o Perform quality control reviews for the following submittals: § Design Survey § Preliminary Sanitary Sewer Trunk Line Design (50%) § Lift Station Design (50%, 90%) § Force Main Design (50%, 90%) Task 2: Preliminary Investigation · Perform additional data collection and record research. · Perform additional data review with the City. Task 3: Design Survey · For Setting horizontal and vertical control based on the City of College Station Control Monumentation. · Chimney Hill Gravity Alignment Survey limits include the area from Cooner Street to Chimney Hill Drive, along Chimney Hill Drive to Spring Loop, along Spring Loop to Tarrow Street, along Tarrow Street to Autumn Circle, along Autumn Circle to Winter Park, along Winter Park for approximately 1500 lf to the southwest line of Parcel 38996, along the southwest line of Parcel 38996 to the south corner, along the southeast line of Parcel Page 233 of 242 Rev. 7/18 38996 to the existing city of College Station sewer easement, along the existing sewer easement to end of line for a total length of approximately 8200 linear feet. · Sewer Force Main Survey extents is approximately 2,600 linear feet along with 450 linear feet along Cooner Street to tie to the existing gravity main. Task 4: Easement Documents – No Change in Scope Task 5: Subsurface Utility Engineering · Perform additional Level A – vacuum excavation of existing utility lines up to four (4) locations (up to 12 feet below existing grade). · Perform Level B – Two-dimensional horizontal information obtained through application and interpretation of non-destructive surface geophysical methods. Also known as “designating,” this level incorporate Level C information and provides horizontal positioning of subsurface utilities to within approximately 1.0 foot. Designation extents will be along the proposed sanitary sewer force main corridor along the east side of Texas Avenue. o Level C – Surveyed data depicting visible above-ground features supplemented with Level D information. o Level D – information obtained from existing utility records. o Task 6: Geotechnical Investigation – No Change in Scope Task 7: Preliminary Sanitary Sewer Trunk Line Design (50%) · Prepare 50% design submittal based upon new alignment. Task 8: Jurisdictional Coordination · Perform additional coordination with Texas A&M University and Texas Department of Transportation (TxDOT). Task 9: Final Sanitary Sewer Trunk Line Design – No additional Scope Task 10: Erosion Control Plan · Perform additional plan preparation for sanitary sewer force main and sanitary sewer lift station. Task 11: Environmental Services · Perform additional environmental services for sanitary sewer force main and sanitary sewer lift station. Task 12: Tree Protection Plan · Perform additional plan preparation for sanitary sewer force main and sanitary sewer lift station. Task 13: Traffic Control · Perform additional plan preparation for sanitary sewer force main and sanitary sewer lift station. Task 14: Public Involvement · Prepare and attend additional public meetings with affected property owners along new alignment and Texas A&M University. · Prepare additional exhibits, handouts, presentation slides, and meeting notes. Task 15: Bidding Phase Services – No additional Scope Task 16: Control Staking – No additional Scope Page 234 of 242 Rev. 7/18 Task 17: Construction Phase Services · Perform additional construction phase services for sanitary sewer force main and sanitary sewer lift station. Task 18: Construction Materials Testing Services · Perform additional construction materials testing for sanitary sewer lift station. Task 19: As-built Survey – No additional Scope Task 20: Record Drawings · Prepare record drawings for sanitary sewer force main and sanitary sewer lift station. Task 21: Tree Inventory – No additional Scope Task 22: Further Investigation Directed by the City – No additional Scope Task 23: Lift Station Design · Preliminary Design o Lift Station § Site selection § Site access § Site screening and landscaping § Preliminary site layout (up to three (3) site layouts options will be provided) § Design calculations § Pump head calculations § Cycle time calculations § Hydraulic grade line calculations § Electrical needs § Instrumentation, controls, and SCADA § Emergency backup power options § Ventilation and odor control § Metering options (force main) § Site security § Safety considerations § Evaluation of reusing equipment from existing Market Center lift station (including pumps and generator) § Geotechnical considerations § Opinion of probable construction cost o Prepare and submit preliminary (50%) construction plan sheets for the proposed lift station. A list of specifications by section number and title will be submitted with the preliminary 60% submittal. Kimley-Horn will identify any specifications requiring a “delegated design”. § Plan sheets will consist of the following: § Cover § General Notes § Project Horizontal and Vertical Control § Grading Plan § Access Road § Mechanical Plan and Section § Construction details § Electrical site plan § Electrical control schematics Page 235 of 242 Rev. 7/18 o Prepare and submit final (90% and 100% level) Contract Documents for the proposed lift station. Contract Documents shall include construction plans, front- end documents, and technical specifications. § Plan sheets will consist of the following: § Cover § General Notes § Project Horizontal and Vertical Control § Site Plan § Grading and Erosion Control Plan § Access Road § Mechanical Plan and Section § Construction details § Structural details (anticipate generator pad and electrical rack/canopy) § Odor control details and notes § Electrical site plan with arc flash analysis § One-line diagram, load analysis § Generator sizing calculations § Conduit schedule § Electrical control schematics § Electrical details and notes § Existing lift station demolition plan o Preparation of an opinion of probable construction cost (OPCC) at 60%, 90%, and 100% design. o Incorporate the City’s 60% and 90% comments. o TCEQ Coordination – Prepare correspondence for submittal to the TCEQ. Kimley-Horn will receive and address up to one (1) round of ordinary and reasonable comments from the TCEQ. Task 24: Force Main Design · Prepare and submit preliminary (60% level) 24”x36” construction plan sheets for the proposed lift station. A list of specifications by section number and title will be submitted with the preliminary 60% submittal. Kimley-Horn will identify any specifications requiring a “delegated design”. o Plan sheets will consist of the following: § General Notes § Project Horizontal and Vertical Control § Site Plan § Grading Plan § Access Road § Mechanical Plan and Section § Construction details § Electrical site plan § Electrical control schematics · Prepare and submit final (90% and 100% level) Contract Documents for the proposed lift station. Contract Documents shall include construction plans, front-end documents, and technical specifications. § Plan sheets will consist of the following: § Cover § General Notes § Project Horizontal and Vertical Control § Site Plan § Grading and Erosion Control Plan § Access Road § Mechanical Plan and Section § Construction details § Structural details (anticipate generator pad and electrical rack/canopy) Page 236 of 242 Rev. 7/18 § Odor control details and notes § Electrical site plan with arc flash analysis § One-line diagram, load analysis, and fault current analysis § Generator sizing calculations § Conduit schedule § Electrical control schematics § Electrical details and notes · Preparation of an opinion of probable construction cost (OPCC) at 60%, 90%, and 100% design. · Incorporate the City’s 60% and 90% comments. · TCEQ Coordination – Prepare correspondence for submittal to the TCEQ. Kimley-Horn will receive and address up to one (1) round of ordinary and reasonable comments from the TCEQ. We will provide our services as expeditiously as practicable with the goal of meeting the following schedule and presenting 100% Design Plans for the Sanitary Sewer Gravity Main, Sanitary Sewer Force Main, and Sanitary Sewer Lift Station to City Staff by March 14, 2025: Task 3: Design Survey 16 Weeks from 2/13/2024 Task 7: Preliminary Sanitary Sewer Trunk Line Design (50%) 28 Weeks from 2/13/2024 Task 23: Lift Station Design 28 Weeks for 50%, 12 Weeks for 90%, 8 Weeks for 100% Task 24: Force Main Design 28 Weeks for 50%, 12 Weeks for 90%, 8 Weeks for 100% For the services set forth above, Client shall pay Consultant the following compensation noted under proposed CO #2 in Attachment B. CLIENT:CONSULTANT: _________________________________KIMLEY-HORN AND ASSOCIATES, INC. By: ______________________________By: ________________________________ Title: _____________________________Title: Senior Associate Date: _____________________________Date: ___03/14/2024______________________ Page 237 of 242 HENSEL PARK LIFT STATION CONNECT NE SS PHASE 3 CITY OF BRYANCITY OF C OLLE GE STATI ON C I T Y O F B R Y A N C I T Y O F C O L L E G E S T A T I O N CITY OF BRYANCITY OF C OLLE GE STATI ON CITY OF BRYANCITY OF C OLLE GE STATI ON EX. 30" SS CONNECT TO EX. 30" SS E 2 9 T H S T WINTER PARK AUTUMN CIR SANDI A P L A Z A N ROSEMARY DRN ROSEMARY DRS T E X A S A V E PIN O A K C R E E K PIN O A K C R E E KPIN OAK CREEKBURTON CREEK 12" CIPPCHIMNEY HILL DRCOONER STHENSEL STVINE STINWOOD DRTARROW STSPRING LOOP 30" 1 8 " F M 24"PARK LN18" S LI P LI N E 24"NORTHEASTTRUNK LINEREHABILITATIONA NORTH PHASE 4AMENDMENT #2SCOPING EXHIBITPROPERTY LINE CITY LIMIT EXISTING OVERHEAD POWER EXISTING BRYAN SANITARY SEWER MAIN EXISTING COLLEGE STATION SANITARY SEWER MAIN EXISTING COLLEGE STATION SANITARY SEWER FORCE MAIN EXISTING SANITARY SEWER MAIN TO BE ABANDONED PROPOSED GRAVITY SEWER BY SLIP LINE INSTALLATION PROPOSED GRAVITY SEWER BY 12" CIPP REHABILITATION PROPOSED GRAVITY SEWER PROPOSED FORCE MAIN SEWER LEGEND Page 238 of 242 Original Contract 7/28/2022 CO #1 7/6/2023 Revised Contract Amount with CO #1 Proposed Amendment Number 2 3/14/2024 Revised Contract Amount with Amendment Number 2 1 Project Management 67,300.00$67,300.00$17,600.00$84,900.00$ 2 Preliminary Investigation 46,100.00$46,100.00$20,000.00$66,100.00$ 3 Design Survey 163,600.00$6,400.00$170,000.00$78,000.00$248,000.00$ 4 Easement Documents 53,700.00$53,700.00$53,700.00$ 5 Subsurface Utility Engineering 24,500.00$24,500.00$47,500.00$72,000.00$ 6 Geotechnical Investigation 37,600.00$1,600.00$39,200.00$9,000.00$48,200.00$ 7 Preliminary Sanitary Sewer Trunk Line Design 317,900.00$30,000.00$347,900.00$(36,400.00)$311,500.00$ 8 Jurisdictional Coordination 21,300.00$21,300.00$6,800.00$28,100.00$ 9 Final Sanitary Sewer Trunk Line Design 246,700.00$246,700.00$(42,600.00)$204,100.00$ 10 Erosion Control Plan 27,100.00$27,100.00$12,500.00$39,600.00$ 11 Environmental Services 23,200.00$23,200.00$13,200.00$36,400.00$ 12 Tree Protection Plan 25,400.00$25,400.00$12,200.00$37,600.00$ 13 Traffic Control 12,600.00$12,600.00$10,200.00$22,800.00$ 14 Public Involvement 40,600.00$15,000.00$55,600.00$5,400.00$61,000.00$ 15 Bidding Phase Services 30,900.00$30,900.00$(1,000.00)$29,900.00$ 16 Control Staking 4,300.00$4,300.00$4,300.00$ 17 Construction Phase Services 114,400.00$114,400.00$41,900.00$156,300.00$ 18 Construction Material Testing Services 54,000.00$54,000.00$3,000.00$57,000.00$ 19 As-built Survey 12,200.00$12,200.00$12,200.00$ 20 Record Drawings 47,600.00$47,600.00$8,500.00$56,100.00$ 21 Tree Inventory 17,000.00$17,000.00$17,000.00$ 22 Further Investigation Directed by the City 17,500.00$17,500.00$(17,500.00)$-$ 23 Lift Station Design 688,800.00$688,800.00$ 24 Force Main Design 153,300.00$153,300.00$ 1,371,000.00$87,500.00$1,458,500.00$1,030,400.00$2,488,900.00$ Task Contract Totals = Phase 4 - Chimney Hill Dr Alignment (8,000 LF of 30"/24" Sanitary Sewer Line, 3,000 LF of 18" Force Main, and 4,500 LF of 18"/12" Replacement - Including Trenchless Specialist Page 239 of 242 Senior Professional Professional Analyst Support Staff Total Senior Professional Professional Analyst Support Staff Total 1 Project Management 10 42 12 12 76 4,000$9,600$1,900$1,300$$16,800 $800 $17,600 2 Preliminary Investigation 4 36 59 99 1,600$8,200$9,300$$19,100 $900 $20,000 3 Design Survey 12 124 12 148 2,800$21,200$$24,000 $54,000 $78,000 4 Easement Documents 5 Subsurface Utility Engineering $47,500 $47,500 6 Geotechnical Investigation $9,000 $9,000 7 Preliminary Sanitary Sewer Trunk Line Design -12 -40 -140 -192 (4,800)$(9,100)$(20,800)$($34,700)($1,700)($36,400) 8 Jurisdictional Coordination 4 9 17 30 1,600$2,100$2,700$$6,400 $400 $6,800 9 Final Sanitary Sewer Trunk Line Design -10 -42 -184 -236 (4,000)$(9,600)$(27,100)$($40,700)($1,900)($42,600) 10 Erosion Control Plan 12 62 74 2,800$9,100$$11,900 $600 $12,500 11 Environmental Services 30 40 70 6,900$5,700$$12,600 $600 $13,200 12 Tree Protection Plan 2 10 58 70 800$2,300$8,500$$11,600 $600 $12,200 13 Traffic Control 2 14 40 56 800$3,200$5,700$$9,700 $500 $10,200 14 Public Involvement 2 8 16 26 800$1,900$2,500$$5,200 $200 $5,400 15 Bidding Phase Services -4 -4 (900)$($900)($100)($1,000) 16 Control Staking 17 Construction Phase Services 15 80 100 195 6,000$18,200$15,700$$39,900 $2,000 $41,900 18 Construction Material Testing Services $3,000 $3,000 19 As-built Survey 20 Record Drawings 12 30 42 2,700$4,600$$7,300 $1,200 $8,500 21 Tree Inventory 22 Further Investigation Directed by the City -38 -51 (8,700)$(8,000)$($16,700)($800)($17,500) 23 Lift Station Design 240 1,048 2,117 3,405 95,100$238,400$320,200$$653,700 $35,100 $688,800 24 Force Main Design 82 192 444 718 32,500$43,700$68,200$$144,400 $8,900 $153,300 351 1,493 2,632 12 4,577 134,400$314,500$419,400$1,300$$869,600 $160,800 $1,030,400Contract Totals = Amendment 2 Fee Summary Northeast Wastewater Trunk Line - Phase 4 City of College Station Phase 4 - Chimney Hill Dr Alignment (8,000 LF of 30"/24" Sanitary Sewer Line, 3,000 LF of 18" Force Main, and 4,500 LF of 18"/12" Replacement - Including Trenchless Specialist Task Labor Hours Labor Costs ODC's and Subs Subtotal Kimley-Horn and Associates, Inc.4/16/2024 Page 240 of 242 Senior Professional Professional Analyst Support Staff Total Senior Professional Professional Analyst Support Staff Total 1 Project Management 10 42 12 12 76 4,000$9,600$1,900$1,300$$16,800 $800 $17,600 2 Preliminary Investigation 4 36 59 99 1,600$8,200$9,300$$19,100 $900 $20,000 3 Design Survey 12 124 12 148 2,800$21,200$$24,000 $54,000 $78,000 4 Easement Documents 5 Subsurface Utility Engineering $47,500 $47,500 6 Geotechnical Investigation $9,000 $9,000 7 Preliminary Sanitary Sewer Trunk Line Design -12 -40 -140 -192 (4,800)$(9,100)$(20,800)$($34,700)($1,700)($36,400) 8 Jurisdictional Coordination 4 9 17 30 1,600$2,100$2,700$$6,400 $400 $6,800 9 Final Sanitary Sewer Trunk Line Design -10 -42 -184 -236 (4,000)$(9,600)$(27,100)$($40,700)($1,900)($42,600) 10 Erosion Control Plan 12 62 74 2,800$9,100$$11,900 $600 $12,500 11 Environmental Services 30 40 70 6,900$5,700$$12,600 $600 $13,200 12 Tree Protection Plan 2 10 58 70 800$2,300$8,500$$11,600 $600 $12,200 13 Traffic Control 2 14 40 56 800$3,200$5,700$$9,700 $500 $10,200 14 Public Involvement 2 8 16 26 800$1,900$2,500$$5,200 $200 $5,400 15 Bidding Phase Services -4 -4 (900)$($900)($100)($1,000) 16 Control Staking 17 Construction Phase Services 15 80 100 195 6,000$18,200$15,700$$39,900 $2,000 $41,900 18 Construction Material Testing Services $3,000 $3,000 19 As-built Survey 20 Record Drawings 12 30 42 2,700$4,600$$7,300 $1,200 $8,500 21 Tree Inventory 22 Further Investigation Directed by the City -38 -51 (8,700)$(8,000)$($16,700)($800)($17,500) 23 Lift Station Design 240 1,048 2,117 3,405 95,100$238,400$320,200$$653,700 $35,100 $688,800 24 Force Main Design 82 192 444 718 32,500$43,700$68,200$$144,400 $8,900 $153,300 351 1,493 2,632 12 4,577 134,400$314,500$419,400$1,300$$869,600 $160,800 $1,030,400Contract Totals = Amendment 2 Fee Summary Northeast Wastewater Trunk Line - Phase 4 City of College Station Phase 4 - Chimney Hill Dr Alignment (8,000 LF of 30"/24" Sanitary Sewer Line, 3,000 LF of 18" Force Main, and 4,500 LF of 18"/12" Replacement - Including Trenchless Specialist Task Labor Hours Labor Costs ODC's and Subs Subtotal Kimley-Horn and Associates, Inc.4/16/2024 Page 241 of 242 May 23, 2024 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 242 of 242