HomeMy WebLinkAbout12/10/2009 - Regular Agenda Packet - City CouncilMayor
Ben White
Mayor Pro Tem
Dave Ruesink
City Manager
Glenn Brown
Council members
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Agenda
College Station City Council
Regular Meeting
Thursday, December 10,2009 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Introduction of New Community Librarian
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City
Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items whlch consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the
Council.
a.Presentation, possible action, and discussion of minutes for City Council Workshop and Regular meeting,
November 9,2009, and November 16,2009.
b.Presentation, possible action, and discussion regarding an ordinance amending Chapter 10, "Traffic Code",
of the Code of Ordinances of the City of College Station, Texas, by repealing Section 11 AUTOMATIC
TRAFFIC SIGNAL ENFORCEMENT(Red Light Camera Program); and providing an effective date.
c. Presentation, possible action, and discussion of an ordinance approving Oversize Participation (OP) for a
water line improvement in the Sonoma Subdivision, Phase 3 for a total requested City participation of
$147,614.50.
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Thursday, December 10,2009
d.Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10,
"Traffic Code," Section 2G (1) of the Code of Ordinances of the City of College Station to repeal the
existing bicycle prohibition on Texas Avenue.
e. Presentation, possible action, and discussion regarding an Interlocal Agreement (ILA) between the Cities
of college Station and Bryan for the design costs of a traffic signal at the intersection of Wellborn Road with
F&B and Old College. The City of College Station's portion is estimated not to exceed $21,000. A second
ILA will come at a later date for the Council to consider participating in the construction costs.
f. Presentation, possible action, and discussion regarding approval of a contract with HGAC for purchase of
Motorola radio equipment and services to upgrade the handheld and mobile radios in preparation for
activation of the Brazos Valley Wide Area Communications System (BVWACS) in an amount not to exceed
$2,500,000.00.
g.Presentation, possible action, and discussion to ratify medical claims expenses of $291,633.88 and
authorize additional projected claims of $364,183.75 for a combined increase to the 2009 Blue Cross Blue
Shield purchase order 090433, in the amount of $655,8 17.63.
h.Presentation, possible action, and discussion regarding contract renewal for Third Party Claims
Administration with A S & G Claims Administration, Inc. for an annual expenditure of $52,000. Anticipated
workers compensation claims for FYlO are $100,000 and anticipated liability claims for FY 10 are $330,000.
i. Presentation, possible action, and discussion regarding the annual renewal of Property and Casualty
insurance policies for the term October 1, 2009 to September 30,2010 for a total of $412,835 to include:
Excess Liability/WorkerYs Compensation with Star National Insurance Co. for $289,801:
PropertyIBoiler and Machinery with Affiliated FM for $10 1,434
Crime Coverage with Federal Insurance Co. for $4,522
EMT Liability with Western World Insurance Co. for $5,078
Brokerage fees with McGriff, Siebels, & Williams for $12,000
j. Presentation, possible action, and discussion on approving renewal contracts with Blue Cross and Blue
Shield of TX for medical and dental coverage, Deer Oaks for the employee assistance program, and Standard
Insurance Company for long term disability insurance.
k.Presentation, possible action, and discussion on approving total health plan expenditures for the period of
January 1,20 10 through December 3 1, 2010. The projected amount for both the renewals and total projected
expenditures is $7,82 1,243.80.
1. Presentation, possible action, and discussion regarding a resolution approving a construction contract
(Contract No. 10-049) with The Ground Crew, LLC for the amount of $246,739.29 for the construction of
the University Drive Beautification Project.
m. Presentation, possible action, and discussion for the approval of a Real Estate Contract with JILL
MARY DUNLAP, as Independent Executrix of the ESTATE OF WAYNE ALAN DUI\TLAP, deceased and
as Trustee of THE DUNLAP FAMILY TRUST, created under the Will of Wayne Alan Dunlap, deceased,
BEVERLY J. FURRER, PATRICIA J. VOGEL and THOMAS L. BROWN, JR., ("SELLERS") for a 26
foot variable width strip of right of way and a 10 foot wide public utility easement needed to widen Barron
Road. The purchase price for the property is $85,351.00. Closing costs, title insurance and incidentals will
not exceed $3,000.00.
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Thursday, December 10,2009
n.Presentation, possible action, and discussion regarding a resolution designating the request for
Construction Manager at Risk (CMAR) as an alternative delivery method for the Larry J. Ringer Library
Expansion (GG 10 10).
o.Presentation, possible action, and discussion concerning a resolution awarding the professional services
contract (Contract No. 10-067) with HDRIClaunch & M-iller in the amount not to exceed $778,725.00 for
engineering design services for the Raymond Stotzer West project.
p.Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a
construction contract (Contract Number #lo-037) with Wade Contractors, Inc. in the amount of $71,073 for
replacement construction improvements in Windwood Park.
q.Presentation, possible action, and discussion on a Construction Contract with Gamey Companies, Inc., in
the amount of $3,592,544, for the construction of the Well No. 8 Collection Line and the Parallel Wellfield
Collection Line and approval of a resolution declaring intention to reimburse certain expenditures with
proceeds from debt.
r. Presentation, possible action, and discussion on approving the award of an annual contract for gasoline and
diesel fuel (Contract # 10-054) to Brenco Marketing Corp. (Bryan, TX) for the amount of $1,014,8 15.00.
s. Presentation, possible action, and discussion on approving the award of an amual contract for gasoline and
diesel fuel to Brenco Marketing Corp. (Bryan, TX). The amual estimated expenditure for gasoline and
diesel fuel for BVSWMA is $296,973.00.
t. Presentation, possible action, and discussion approving an Advance Funding Agreement (AFA) between
The City of College Station and TxDOT allowing the City to construct improvements within the FM 2818
right of way related to the Holleman Extension project.
u.Presentation, possible action, and discussion regarding the approval to submit an application to the
Department of Homeland Security SAFER Grant Program in the amount of $1,857,775 to hire 15 firefighters
and agreeing to provide the balance of $1,0 10,132 to complete the cost of the staffing for year 3 to meet the
requirements as set forth in the SAFER Grant program.
v.Presentation, possible action, and discussion regarding the purchase of 48 replacement and 19 upgrades for
Mine Safety Appliance (MSA) manufactured self contained breathing apparatus (SCBA) distributed by
Casco Industries Inc. for $320,879.20.
w. Presentation, possible action, and discussion regarding approval of a resolution awarding Bid No. 10-16
to Re-Con Company for the rebid for construction of Dowling Road Substation in the amount of
$2,975,960.21, plus owner furnished material of $1,785,536.00, for a total bonded project requirement of
$4,761,496.21, and approval of a resolution declaring intention to reimburse certain expenditures with
proceeds from debt. Also, the rejection of Bid No. 09-86 for the construction of Dowling Road Substation.
x.Presentation, possible action, and discussion regarding approval of settlement agreements with the Brazos
River Authority and Wellborn Special Utilities District to resolve their protests to the City's Bed and Banks
Permit application before the TCEQ.
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Thursday, December 10,2009
y.Remove from table, presentation, possible action and discussion regarding an Oil and Gas Operations
Permit for the McCullough-Olden Unit, Well #IRE as requested by the operator, EnerVest Operating, LLC.
of Houston, Texas.
z.Remove from table, presentation, possible action, and discussion regarding an Oil and Gas Operations
Permit for the McCullough-McCullough Unit, Well #IRE as requested by the operator, EnerVest Operating,
LLC. of Houston, Texas.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor's reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor's announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 112 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion on an ordinance adopting Chapter 3,
"Building Regulations" of the Code of Ordinances of the City of College Station, Texas, approving the
2009 International Codes with related amendments and the 2008 National Electrical Code with related
amendments for use in College Station.
2. Presentation, possible action, and discussion on an ordinance amending Chapter 6, "Fire Protection", of
the Code of Ordinances of the City of College Station, Texas by amending certain sections as set out,
adopting the 2009 International Fire Code with related amendments and the 2009 NFPA Life Safety
Code.
3. Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter
12, "Unified Development Ordinance", Section 7.5 "Landscaping and Tree Protection" of the Code of
Ordinances of the City of College Station, Texas and discussion of riparian area protection.
4. Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12,
"Unified Development Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of
the City of College Station, Texas by rezoning from C-1 General Commercial to a Planned Development
District 1.3 17 acres located at 300 A Holleman Drive East.
5. Presentation, possible action, and discussion regarding the establishment of a Code Coordination Sub-
committee of various Boards, Commissions, and Council involved in the implementation and
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Thursday, December 10,2009
enforcement of the Unified Development Ordinance and other development related regulations and
standards and appointment of membership to the same.
6. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, December 10, 2009 at 7:00 PM at the City Hall Council Chambers, 110 1 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 7th day of December, 2009 at 2:00 p.m.
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website,
www.cstx.go,v . The Agenda and Notice are readily accessible to the general public at all times. Said Notice . ........................ .. .
and Agenda were posted on December 7, 2009 at 2:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed fiom the official posting board at the College Station City Hall on the following
date and time: by
Dated this day of ,2009 By
Subscribed and sworn to before me on this the day of ,2009.
Notary Public - Brazos County, Texas My commission expires:
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.~~. Council meetings are broadcast live on Cable Access Channel 19. -
Mayor
Ben White
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
Councilmembers
John Crompton
Jaines Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Minutes
City Council Regular Meeting
Monday, November 09,2009 at 12:OO p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor Ben White, Mayor Pro Tem Ruesink, Council members Crompton, Massey,
Maloney, Lyles, and Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley,
City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
1. Pledge of Allegiance, Invocation, Considerabsence request.
Mayor White called the meeting to order at 12:00 pm with all Council members present. Mayor White
led the audience in the Pledge of Allegiance. Chief R.B. Alley provided the invocation.
2. Hear Visitors. -
Christian Ede, 1304 Todd Trail CS - Operator of Taxicab in Bryan/College Station Community
expressed concerns on changes being proposed to Taxicab businesses in College Station.
Alston Thom, TAMU - Dept. of Anthology reported an upcoming public event for citizens to come
and learn of the Comanche Nation. This event will be held on November 13-15, 2009 at the Veterans
Park.
3. Presentation, possible action and discussion of consent agenda items which consists of -
ministerial or "housekeeping" items required bv law. Items may be removed from the consent
a~enda by maiority vote of the Council.
Item No 3j - Mayor Pro Tem Ruesink inquired about changes to the tax roll. Jeff Kersten, Chief
Financial Officer explained that a minimal amount has changed on tax roll.
Council member Maloney present at 12:30.
a. Approved minutes for City Council Workshop and Regular meeting, October 8, 2009 and
October 19,2009.
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City Council Minutes
Monday, November 09, 2009
b. Approved renewal of an annual price agreement with Ergon Asphalt & Emulsions to provide
emulsified asphalt products for the maintenance of streets in an amount not to exceed $478,104.
c. Approved Resolution No. 11-09-09-3c accepting the Governors Division of Emergency
Management (GDEM) the 2009 Homeland Security Grant Program Sub-recipient of $75,000,
naming a City staff member as manager of those grant funds, and approving the 2009 City of
College Station Equipment List for purchase.
d. Approved Resolution No. 11-09-09-3d increasing the food establishment health permit fee
collected by the Brazos County Health Department to a flat fee of $400 a year, beginning with
the 201 0 pennit.
e. Approved the purchase of a Roll-Off Truck from East Texas Mack Sales, LLC and B & C Body
Company be used by the Brazos Valley Solid Waste Management Agency in the amount of
$145,432.00.
f. Approved the purchase of a Ford F750 Truck from Philpott Ford to be used by the Brazos
Valley Solid Waste Management Agency in the amount of $1 19,734.00.
g. Approved settlement agreement with Wellborn SUD and Main Street Homes, which is the third
of three agreements that will allow the City to pursue TCEQ approval of our application to
extend our sewer certificated area into parts of the ETJ.
h. Approved funding agreement between the City of College Station and the Arts Council of
Brazos Valley for FY 10 in the amount of $18 1,000 for Affiliate hnding.
i. Approved authorized FY 10 expenditures for the Brazos County Appraisal District in the
amount of $236,692 pursuant to the Property Tax Code 6.06D.
j. Approved the 2009 Property Tax Roll in the amount of $23,623,086.36.
k. Approved :
(1) an amendment to the Professional Services Contract 04-1 76 with Epsilon Engineering,
Inc. for the purpose of foregoing transfer and novation of the contract to Jacobs Engineering
Group Inc and also modifying the date for which all design work and other professional services
provided under the Contract must be completed to July 30, 2012, and
(2) a change order to the Professional Services Contract 04-176 with Epsilon Engineering,
Inc., now Jacobs Engineering Group, Inc., in the amount of $60,870.40, for additional services
to design improvements to the intersection of Barron Road and SH 40.
1. Approved Change Order to Contract #08-277 to Brazos Valley Services in the amount of
$233,373.70 for additional construction services related to the College ParWBreezy Heights
Rehabilitation Project.
m. Approved Change Order No. 1 to the Water Reclamation Project design contract in the amount
of $24,000.00 to Contract No. 09-147 with Lockwood, Andrews, & Newnaln for design services
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City Council Minutes
Monday, November 09,2009
to provide programming deliverables for control of the water reclamation system.
n. Approved Change Order to Professional Services Contract #05-160 with McClure & Brown
Engineering in the amount of $21 1,397.50 related to revisions and updates to the Tauber and
Stasney Streets Rehabilitation design.
o. Approved Resolution No. 11-09-09-30 for Professional Services Contract with Lockwood,
Andrews, and Newnam, Inc. in the amount of $225,477; for the design of the Carters Creek
Wastewater Treatment Plant Lab and SCADA Building and Resolution No. 11-09-09-30-a
declaring intention to reimburse certain expenditures with proceeds from debt.
p. Approved Interlocal Agreement between the cities of Bryan and College Station in an amount
not to exceed $60,000; for turn lanes and signals at the intersection of University Drive and
Copperfield.
q. Approved Resolution No. 11-09-09-3q to purchase 5.5 Wetland Mitigation Credits in the Steele
Creek Mitigation Bank from OXBOW Investments Inc. in the amount of $137,500.00.
r. Approved the execution of a Right-of-way Easement Agreement with the Texas A&M
University System (TAMUS), for the construction of Penberthy Road Extension.
Mayor Pro tem Ruesink moved to approve consent items 3a thru 3r. Council member Lyles seconded
the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Council member Crompton, Massey, Maloney,
Lyles, and Stewart
AGAINST: None
1. Public hearing, presentation, possible action, and discussion regarding a proposed amendment -
to the City's smoking; ordinance.
Hayden Migl, Assistant to the City Manager presented (2) options for proposed amendment to
the City's smoking ordinance.
Amendment Options:
Option A
b Tobacco specialty shop defined
b Clarifies that smoking is not allowed at any public meeting, in any public place, or in a
workplace unless specifically permitted
Option B
b Same as Option A
b Defines a hookah bar and adds it as an exception
Mayor White opened the public hearing.
Wayne Rife, Attorney for Business Owner, 9502 Brookwater Cr., CS - presented Council information
on supporting Option B and grant exception for Hookah Bar to continue operations.
Mark Sweidon, Owner, 14 105 Renee Ln., CS - explained the environment of Hookah Bars.
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Monday, November 09,2009
Timothv Kvkon, 2021 Yaupon, CS - requested Council to support Option B to exempt Hookah
Station from the smoking ordinance.
Mayor White closed the public healing.
Council inember Maloney moved to approve Ordinance No. 3212 that defines hookah bars and adds
them as an exception in addition to defining tobacco specialty shops, with a requirement to receive at
least 30% of their revenues from sales or rental of hookah tobacco products as shown in Option B.
Council member Lyles seconded the motion, which carried 4 - 3.
FOR: Mayor Ben White, Council member Lyles, Maloney, and Stewart
AGAINST: Mayor Pro tem Ruesink, Council member Crompton, and Massey
2. Public hearing, presentation, possible action, and discussion on an ordinance amending; -
Chapter 12, "Unified Development Ordinance," Section 7.9, "Non-Residential Architectural
Standards," of the Code of Ordinances of the City of College Station as it relates to parking lot
screening.
Lindsay Kramer, Senior Planner presented a proposed ordinance amendment with the intension to
modify the requirements for parking lot screening required in conjunction with the Non-Residential
Architectural standards.
Existing Ordinance Proposed Changes - NRA
- All development - Berms req. (20k s.f. +)
- Options for design by LA - Allows shrubs, berms, masonry walls
Points are doubled and screening certified
NRA Req. - Options for
- Berms required if 150k s.f. or greater redevelopment, tree
preservation, LA design
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Crompton moved to approve Ordinance No. 3213 amending the UDO that relates
to parking lot screening. Council member Massey seconded the motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Council member Crompton, Massey, Maloney,
Lyles, and Stewart
AGAINST: None
3. Public Hearing, presentation, possible action and discussion regarding an Oil and Gas -
Operations Permit for the McCullough-Olden Unit, Well #IRE as requested by the operator,
EnerVest Operating, LLC. of Houston, Texas.
Alan Gibbs, City Engineer presented the McCullough-Olden Unit Well #I RE which is the re-entry of
a pre-existing well bore is located at the corner of William D. Fitch and Williams Creek Drive. The
original well was permitted in 1993 as a "Rural" classification well. Based on the encroachment by
development the re-entry of this well is classified as "High Impact," in the area of the proposed oil or
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Monday, November 09,2009
gas operation. Access to the site during drilling operations will be from the existing private access
drive coming off William D. Fitch. Access to the site during production will be from a proposed
private access road off Williams Creek Drive. The Project Review Committee concurred with the
attached City Engineer's Report which detail the permit application deficiencies in regard to the
associated requirements outlined in the Chapter 4: Business Regulations, Section: Oil and Gas
Regulations. Per the ordinance, the City retained CSC Engineering & Environmental Consultants,
Inc., a third party consultant, to evaluate the public impact of the proposed activity. The applicant is
responsible for the consultant's fee of $4,752.1 1 per the ordinance. The consultant's findings were
provided to the applicant and incorporated into the City Engineer's Report to the Project Review
Committee.
The Project Review Committee, comprised of the Planning and Zoning Commission Chair, the City
Engineer, and the Director of Planning and Development Services, met on October 5, 2009 and
recommended denial of the permit.
Recommendation for Denial:
Well Site Encroachment:
- 50 ft of an Right-of-way (No Exception)
Screening:
- Fencing
- Landscaping with Irrigation
Well Site Access Drive Design:
- Sight Vehicle Triangle to be determined and Vegetation Cleared
Description of Fire Control Measures
Proof of Contractual Site Maintenance
Mayor White opened the public hearing.
Ernest V. Bruchez, 4343 Carter Creek, representing EnerVest Operating, LLC. in the interest of
applicant - Requesting Council to support an Oil and Gas Operations Permit for the McCullough-
Olden Unit, Well #IRE.
Jim Wilson, Property Owner beside the wells in question, stated he doesn't mind the well but traffic
coming through to the well destroy the road but if road is paved and improved to handle the traffic, he
would support.
Mayor White closed the public hearing.
Council member Crompton moved to approve denial of applicant's request. Motion died due to lack
of second.
Council member Massey moved to table for future agenda. Council member Crompton seconded the
motion, which carried 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles, and Stewart
AGAINST: None
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Monday, November 09, 2009
4. Public Hearing, presentation, possible action and discussion regarding an Oil and Gas -
Operations Permit for the McCu1loug;h- McCullough Unit, Well #IRE as requested by the
operator, EnerVest Operating, LLC. of Houston, Texas.
Alan Gibbs, City Engineer presented second Oil and Gas Operations Pennit for the McCullough-
McCullough Unit, Well #l.
The Project Review Committee, comprised of the Planning and Zoning Coininission Chair, the City
Engineer, and the Director of Planning and Development Services, met on October 5, 2009 and
recommended denial of the pennit.
Recommendation for Denial:
Well Site Encroachment:
- 600 fi of Residences (Exception: Ownev / Occupant Waivevs)
- 50 fi of an Easement (No Exception)
Screening:
- Fencing
- Landscaping with Imgation
Well Site Access Drive Design
- Sight Vehicle Triangle to be determined and Vegetation Cleared
- (Relocated Dvive may be addressed undev sepavate pevmit)
Description of Fire Control Measures
Proof of Contractual Site Maintenance
Mayor White opened the public hearing. Ernest V. Bruchez, 4343 Carter Creek, representing
EnerVest Operating, LLC. in the interest of applicant - Requesting Council to support second
Oil and Gas Operations Permit for the McCullough-Olden Unit, Well #IRE. Mayor White
closed the public hearing.
Council member Crompton moved to table for future agenda. Council member Stewart
seconded the motion, which camed 7 - 0.
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Crompton, Massey, Maloney, Lyles, and Stewart
AGAINST: None
5. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating -
and abandoning a 1,265 square foot, 20-foot wide public utility easement, which is located on
Lot 3C of Block 1 of the Gateway Phase 3 Subdivision according to the plat recorded in
Volume 9112, Page 138 of the Deed Records of Brazos County, Texas.
Alan Gibbs, City Engineer presented an easement abandonment that accommodates the development
of Lot 3C of Block I of the Gate way Phase 3 Subdivision.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Massey moved to approve Ordinance No. 3214 to abandon an easement located on
Lot 3C of Block 1 of the Gateway Phase 3 Subdivision. Council member Massey seconded the
motion, which carried 7 - 0.
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City Council Minutes
Monday, November 09,2009
FOR: Mayor Ben White, Mayor Pro tem Ruesink, Council member Croinpton, Massey, Maloney,
Lyles, and Stewart
AGAINST: None
6. Presentation, possible action, and discussion on an update regarding the Bicycle, Pedestrian -
and Greenway Master Plan.
Vanessa Garza, Greenway Program Manager updated Council on the timeline, system management
and design guidelines recommendation on the Bicycle, Pedestrian and Greenway Master Plan, a
component of the College Station Comprehensive Plan. Also, on new proposed completion date of
early 201 0. No formal action was taken.
7. Presentation, possible action, and discussion regarding the extension of Holleman Drive from -
its intersection with FM 2818 and making a connection to the existing Jones-Butler roadway
just east of the Dowling Road Pump Station.
Mark Smith, Director of Public Works updated Council on the developer's plans that have been put
on hold due to economic conditions and unable to construct Holleman extension within time frame
desired by the City. Staff proposed that the City construct the roadway and recover the developer's
share of construction cost through a paving assessment. The key ingredient to making this project
happen is that the necessary right-of-way and easements be dedicated by the developer. Staff is in the
process of negotiating these dedications. Once the land is dedicated the project will be ready to bid.
The bidding and construction process will take 6 to 8 months. No formal action was taken.
8. Presentation, possible action, and discussion regarding an update on the convention center -
proiect.
David Gwin, Director of Economic and Community Development updated Council on staffs process
on Convention Center Project Study and the draft of new Request for Qualifications (RFQ) that will
now update the 2005 market study and feasibility analysis which supported the construction of the
convention center. Also, staff is engaging the major stakeholders into this assessment process.
Jeff Kersten, Chief Financial Officer updated Council on Preliminary Conventioil Center Pro Forma
of the future Convention Center Project. Staff seeking Council's input and direction of this project.
Council directed staff to move forward with study and would like to see a risk analysis with pro and
con's to educate the citizens of College Station. No formal action was taken.
9. Presentation, possible action, and discussion regarding the establishment of a Code
Coordination Sub-committee of various Boards. Commissions, and Council involved in the
implementation and enforcement of the Unified Development Ordinance and other
development related regulations and standards and appointment of membership to the same.
No discussion was held.
10. Council Calendar
No discussion was held.
11. Presentation, possible action, and discussion on future agenda items: A Council Member may
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Monday, November 09,2009
inquire about a subiect for which notice has not been given. A statement of specific factual
information or the recitation of existing policy may be given. Any deliberation shall be limited
to a proposal to place the subiect on an agenda for a subsequent meet in^.
No discussion was held.
12. Discussion, review and possible action regarding the following meetings: Arts Council of the
Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee,
Code Review Committee, Design Review Board, Historic Preservation Committee, Interfaith
Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee,
Landmark Commission, Library Committee, Metropolitan Planning Organization, National
League of Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning and
Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas
Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf
Pen Creek TIF Board, Zoning Board of Adiustments, BVSWMA, Signature Event Task Force,
lNotice of Agendas posted on Citv Hall bulletin board).
No discussion was held.
At 3:00 pm, Mayor White announced that the City Council would convene into executive session
pursuant to Sections 551.071, 551.072, and 551.74 of the Open Meetings Act to seek the advice of
our city attorney, to consider the purchase of real property, and to consider the evaluation of public
officers.
13. Executive Session will immediately follow the workshop meeting in the Administrative -
Conference Room.
Consultation with Attorney (Gov't Code Section 551.0711; 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 subiect or settlement offer or attorney-client
privileged information. After executive session discussion, any final action or vote taken will be
in public. The following subiect(s) may be discussed:
a. Application with TCEQ for permits in WestsideIHighway 60 area, near Brushy Water Supply
Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
c. Water CCN pennit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water pennit applications with the
Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid
Waste Management Agency contract, on proposed methane gas contract
Page 19
City Council Minutes
Monday, November 09,2009
i. Update on legal proceedings for Grimes County Landfill site and contracts for development of
Grimes County site
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and
Ben White
k. Chavers et a1 v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et a1
1. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Meirill
n. Legal rights and obligations regarding ATS and the results of the election
Real Estate {Gov't Code Section 551.072); possible action The City Council may deliberate the
purchase, exchange, lease or value of real property if deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations with a third person. After executive
session discussion, any final action or vote taken will be in public. The following subject(s) may be
discussed:
a. Possible Purchase or Exchange of Property near E. University and Tarrow
Personnel {Gov't Code Section 551.074); possible action
The City Council may deliberate the appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of a public officer. After executive session discussion, any final action or
vote taken will be in public. The following public officer(s) may be discussed:
a. Mayor & Council Self Evaluation
14. Action on executive session, or any workshop agenda item not completed or discussed in
today's workshop meeting may be discussed in tonight's Regular Meeting if necessary.
No formal action was taken.
15. Adiourn.
Hearing no objections, Mayor White adjourned the meeting at 4:30 p.m. on Monday, November 9,
2009.
PASSED AND APPROVED this December 10,2009
ATTEST: APPROVED:
City Secretary Connie Hooks Mayor Ben White
Mayor
Ben White
Mayor Pro Tem
David Ruesink
City Manager
Glenn Brown
Councilmembers
John Crompton
James Massey
Dennis Maloney
Katy-Marie Lyles
Lawrence Stewart
Minutes
City Council Special Workshop Meeting
Monday, November 16,2009 at 4:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Mayor Pro Tem Ruesink Council members Crompton,
Massey, Maloney, and Lyles
STAFF PRESENT: City Manager Glenn Brown, Assistant City Manager Neeley, Assistant City
Manager Memll, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt,
Management Team
COUNCIL MEMBER ABSENT: Council member Stewart
1. Call meeting to order. -
Mayor White called meeting to order at 4:00 p.m.
Gary Erwin, Chair of Parks & Recreation Advisory Board called meeting to order at 4:00
p.m.
Board Present: Gary Erwin, George Jessup, Glenn Schroeder, Jon Denton, Douglas Becker,
and Gerald Kyle
Board Absent: Donald Williams, David Scott, and Jody Ford
Glenn Schroeder, Parks & Recreation Board Member made a motion to approve the absence
request. Jon Denton, Parks & Recreation Board Member secoilded the motion which carried
6-0.
2. Presentation, possible action, and discussion concerning. Private Use of Public Park -
Activities, and the Proposed College Station Parks and Recreation Department Park
Page (2
City Council Minutes
Monday, November 16,2009
Use Concessions Policy. (Joint Meeting with Parks & Recreation Advisorv Board)
David Schmitz, Assistant Director of Parks and Recreation presented options for CS Park
Use Concessions Policy. Board and Staff reported on the proposed College Station Parks
and Recreation Department Park Use Concessions Policy. The Board explained to City
Council their process on determining a Concessions Policy, and staff explained their research
through looking at other cities processes on having Private Use in their facilities. There were
questions on whether or not a fee should be charged to the groups using the facility, and if a
fee is necessary, how will that fee be determined? It was determined that a policy should be
in place for individuals privately using the facility. This process will help the city also see
the ainount of people involved in the private use and also the ainount of time placed in the
facilities. He explained that while the driving force for the proposed policy was the
emergence of the "Fitness Boot Camps" in the parks, the policy certainly could apply to other
for profit operations that also occur in the parks such as:
1. Private tennis lessons being taught on City tennis courts
2. Dog obedience classes being taught in parks
3. Private swimming lessons in City pools
4. Sports skills camps being conducted on athletic fields
5. Sale of food goods in parks
Council directed Staff to do further detailed research on other cities' processes similar to
private use of public parks. The research needs to show an impact study, and how
maintenance is affected by the impact. Staff also needs to consider whether or not to pursue
a fee for the use.
Council reported that a permit and modest fee would be an acceptable approach to this issue.
Council directed that Staff and the Board move forward with a permit and modest fee
suggestion. After Staff researches this in detail and make a knowledgeable suggestion
toward this then Staff will bring it back to the Board for discussion. Following Board
discussion this issue will then be brought back to Council for consideration. No fonner
action was taken.
Glenn Schroeder, Parks & Recreation Board Member moved to adjourn the meeting at 4:46
p.m. Jon Deqton, Parks & Recreation Board Member secoilded the motion, which carried
6-0.
3. Presentation, possible action and discussion on Parks and Recreation fees for calendar -
year 2010.
Jeff Kersten, Chief Financial Officer presented the proposed users fees have a 50%
differential in resident and nonresident fees in some fee categories. This fee schedule is
anticipated to generate approximately $1 million in Parks and Recreation fee revenues, given
projected participation levels and is in line with Parks fee revenue estimate included in the
FY 10 Budget.
On Behalfof the Citizens of College Station, Home of Texas A&M University, We will continue to Promote and
Advance the Community's Quality of Lifi
Page 13
City Council Minutes
Monday, November 16,2009
Policy Questions:
k Will the proposed parks and recreation fees result in a fairer distribution of costs to
residents of College Station?
I Will the proposed parks and recreation fees generate the FY 10 estimated revenue?
Fees:
f Current fees are the same for residents and non residents.
B Original Staff Proposal
- 30% Fee discount or differential between residents and non residents
P Council Direction
- 50% Fee discount or differential between residents and non residents
Key Conclusions:
P Proposed fees meet revenue estimates
Resident discount differential in selected fee areas is 50%
f Impacts on participation
C More capacity for College Station Residents
Council directed staff to hold a future workshop on Parks Enterprise funds for the user's fees
for better understanding of cost and expenses. No formal action was taken.
At 5:40 pm, Mayor White announced that the City Council would convene into executive
session pursuant to Sections 551.071, of the Open Meetings Act to seek the advice of our city
attorney.
4. Executive Session will immediately follow the Special meeting in the Administrative -
Conference Room.
Consultation with Attorney {Gov't Code Section 55 1.071 ) ; 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 inay need
information froin 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) inay be discussed:
a. Application with TCEQ for permits in WestsideIHighway 60 area, near Brushy
Water Supply Corporation
b. Sewer CCN permit requests for Brushy & Wellborn Services Areas
c. Water CCN permit requests for Brushy & Wellborn Services Areas
d. Bed & Banks Water Rights Discharge Pennits for College Station and Bryan
On Behalfof the Citizens of College Slalion, Home of Texas AM University, We 1.vil1 continue to Pf*omote and
Advance the Communily 's Q~lality of Life
Page 14
City Council Minutes
Monday, November 16,2009
e. Legal aspects of Water Well, permits and possible purchase of or lease of water
well sites
f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit
applications with the Brazos Valley Groundwater Conservation District
g. TMPA v. PUC (College Station filed Intervention)
h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos
Valley Solid Waste Management Agency contract, on proposed methane gas
contract
1. Update on legal proceedings for Griines County Landfill site and contracts for
development of Grimes County site
j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn
Mcllhaney, and Ben White
k. Chavers et a1 v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College
Station, et a1
1. Rogers Sheridan v. Barbara Schob & Greg Abbott
m. Clancey v. College Station, Glenn Brown, and Kathy Merrill
n. Legal rights and obligations regarding ATS and the results of the election and Red
Light Camera Litigation.
5. Final action on executive session.
Council returned to Council Chambers at 6:40 p.m. Council member Massey made that the
motion to authorize the City Manager to terminate the contract with ATS as soon as possible in
accordance with the law. Council member Maloney seconded the motion. Motion carried
6-0, Council member Stewart absent.
6. Adjourn. -
Hearing no objections, Mayor White adjourned the meetings at 6:40 pm on Monday,
November 16,2009.
PASSED AND APPROVED this December 10,2009
ATTEST: APPROVED:
City Secretary Connie Hooks Mayor Ben White
On Behalfof the Cilizens of College Station, Honze of Texas A&M University, We will contintie to Promote and
Advance the Community's Qtlality of Life
To: Glenn Brown, City Manager
Fnm Mark Smith, Director of Public Works
Pgenca CqAin: Presentation, possible action, and discussion regarding an ordinance
amending Chapter 10, "Traffic Code", of the Code of Ordinances of the City of
College Station, Texas, by repealing Section 11 AUTOMATIC TRAFFIC SIGNAL
ENFORCEMENT(Red Light Camera Program); and providing an effective date.
-s)Staff recommends the repeal of the ordinance.
SLnrrrry: On November 23, 2009, the City Council authorized the City Manager to
settle the lawsuit against the City concerning the red light camera program by
terminating the contract with ATS to end the red light camera program. The system
was turned off the following day on November 24.
Staff is recommending repealing the original ordinance that authorized automatic
traffic signal enforcement. Under state law, a city may only .implement a red light
camera program by adopting an ordinance authorizing such a program. By repealing
Chapter 10, Section 11 of the City of College Station Code of Ordinances, College
Station will be prohibited from having a red light camera program in the future
unless a new ordinance is adopted.
1. Ordinance
OKDINANC'I< NO.
AN ORDINANCE AMENDING CE-IAPTER 10. "TRAFFIC C101:)l3", OF '1'1-IE CODE OF
O.RI]~JA~\~'CES 01; '1'1-1fj CI.)"Y 01 c()12LE(';I-: STi\l'lON, TEXAS, By l{EPEAL.lNC;
SuC'rION 1 ] AlJC)h,fA'I'E.I> 'I'KAI'I'IC SIC.;NAl., E.KFORC'F,h~lEY'I': AN11 I'KOVIL)IN(i Ah
EFFECTIVE 1:)rZ'T'E.
RE IT ORDAINED RY THE CITY COUNCIL 01: Tl-ili CI'I'Y 01.' COLLE(;E S'I'AI'ION,
TEXAS:
PA:R?' 1: l'llat Chapter 10, "Traftic C'ode", of the (::ode of Ordinances of the City of
College Station: 'l'exils, be all~e~ltled by repealing Section 1 1 "Automated Traffic
Signal Enforcement".
PART 2 : That by repealing Section 1 1, the use of cameras for red light violations is hereby
banned in Collegc Slalion.
PART 3 : 'T'hat the Ordinance shall take cflkct in~rncdic~tely from and ai?er its passage.
PASSED; ADOPTED and APPROVE11 this day ol'L)ecernber; 2009.
APPROVED:
ATTEST:
Connie Hooks, City Secretary
December 10, 2009
Consent Agenda Item No. 2c
Sonoma Subdivision, Phase 3 - Water Oversize Participation Request
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion of an ordinance approving
Oversize Participation (OP) for a water line improvement in the Sonoma Subdivision, Phase
3 for a total requested City participation of $147,614.50.
Recommendation(s): Staff recommends approval.
Summary: Associated with the development of Sonoma Subdivision, Phase 3, the City
required the construction of a 24 inch water line for the larger City system. Subsequently,
the developer's engineer demonstrated that an 8 inch water line was adequate for the
developer's specific development. This oversized participation request is the construction
cost difference for upsizing an 8 inch water line to a 24 inch water line for a 1,577 linear
feet section along William D. Fitch Pkwy.
Budget & Financial Summary: Funds for this oversized participation request are
budgeted and available in the Water Capital Improvement Projects Fund. A total of
$100,000 is included in the approved FYlO budget. If this request is approved, the
additional $46,615 will be transferred from the Parellel Wellfield Collection project, which is
anticipated to come in under budget.
Attachments:
1. Location map
2. Ordinance approving OP agreement (exhibits available for review in City Engineer's
office)
3. Letter requesting oversize participation (supporting materials available for review in
City Engineer's office)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A PARTICIPATION AGREEMENT BY AND BETWEEN THE
CITY AND BCS DEVELOPMENT COMPANY FOR THE DEVELOPMENT OF THE
SONOMA SUBDIVISION, PHASE 3 PROJECT AND AUTHORIZING THE EXPENDI-
TURlE OF FUNDS.
WHEREAS, BCS Development Company is a developer developing the Sonoma Subdivision, Phase
3 Project; and
WHEREAS, as part of said development, the construction of certain public infrastructure is required;
and
WHEREAS, pursuant to Section 212.071 et seq. Texas Local Government Code the City of College
Station and the developer have agreed to jointly participate in the construction of certain public
infrastructure to wit: the Sonoma Subdivision, Phase 3 Project ("Project") as further set forth in a
Pal-ticipation Agreement ; now, therefore,
BE IT ORDAINED BY THE CITY COLrNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1 : That the City Council hereby finds it to be in the best interests of its citizens
to enter into that one certain Participation Agreement with BCS Development
Company for the construction of the Sonolna Subdivision, Phase 3 Project. A
copy of said Participation Agreement is attached as Exhibit "A" and
incorporated herein by reference.
PART 2: That the City Council hereby approves the contract with BCS Development
Company obligating the CITY to pay a maximw~~ of $147,614.50 out of a
total estimated amount of $896,254 for-the labor, matel-ials and equipment
required for the improvements related to the Sonoma Subdivision, Phase 3
Project.
PART 3 : That the funding for this Contract shall be as budgeted from the Water Capital
Improveinent Projects Fund, in the amount of $147,614.50.
PART 4 : That this ordinance shall take effect immediately from and after its passage.
ADOPTED this 10 day of December, A.D. 2009.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
city Attorney
McCLURE & BROWNE ENGINEERINGISURVEYING, INC.
1008 Woodcreek Dr. Suite 103 . College Station, Tx. 77845 . (979) 693-3838 Engineer Reg. No. F-458
1314 10th Street, Suite 210. Huntsville, Tx. 77320. (936) 294-9749 Survey Reg. No. 101033-00
November 23,2009
Mr. Josh Norton, P.E.
Assistant City Engineer
City of College Station
Post Office Box 9960
College Station, Texas 77842
Re: Sonoma Subdivision, Phase 3 - Oversize Participation Request
Dear Josh:
On behalf of the owner, BCS Development Co., I wish to request Oversize
Participation by the City of College Station for costs associated with the development of
Sonoma Subdivision, Phase 3. The City's Master Utility Plan shows a 24" water line to
be extended along the east side of William D. Fitch Parkway. This letter is to request
oversize participation from the City for the cost difference between the 24" water line and
an 8" water line which would normally be required for this development.
Accompanying this letter are two exhibits. Exhibit A is a copy of the output file
from a KYPIPE computer model of the Sonoma Subdivision including an 8" water line
(Pipe No. 19) along William D. Fitch Parkway to serve Lot 1, Block 9. This model shows
that the lowest pressure in the system with the 8 is 64 psi under fire flow conditions
(hydrant located @ Lot 1, Block 9). This exceeds the minimum pressure of 20 psi
required by TCEQ. This proves that the system performs adequately with the 8" line.
Exhibit B is a series of estimates that shows the cost differential between the 24
and the 8" water line. That difference is $147,614.50. This number is value of the
oversize participation the owner is requesting from the City. Additionally, the following
items are attached as required for the oversize participation request:
Copy of Corporate Resolution
Copy of Preliminary Plat
Copy of Title Policy
If you need additional information, please contact me at your convenience.
s&i#&
J e L. Rq e on, P.E.
$he ~resideht - Engineering
xc: Mr. Randy French, BCS Development ~d
attachments
F:\l053 - Randy French\0015 - Sonoma Phase 3\Docs\OP request\COCS - Norton01 - OP Request-doc
December 10, 2009
Consent Agenda Item No. 2d
Texas Avenue Bicycle Prohibition Repeal
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on the consideration of an
ordinance amending Chapter 10, "Traffic Code," Section 2G(1) of the Code of Ordinances of
the City of College Station to repeal the existing bicycle prohibition on Texas Avenue.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: In 1987, Ordinance 1719 was passed to prohibit the use of bicycles on Texas
Avenue between Southwest Parkway and University Drive due to the narrow outside lane
width of the roadway. In the mid 1990s and recently in 2008, TxDOT widened Texas
Avenue between University Drive (FM 60) and Harvey Mitchell Parkway (FM 2818). During
the planning stages of the widening projects, meetings were held with the local bicycling
community and an agreement was reached that Texas Avenue would have a wide outside
lane (15 feet) for the use of both vehicles and bicyclists.
Today, the widening projects are complete and a wide outside lane exists on Texas Avenue
between University Drive and Harvey IYitchell Parkway. With the passage of this ordinance,
bicyclists will again be able to ride along Texas Avenue to access Texas A&M University and
other destinations along the way. This roadway will be designated a bike route as indicated
in the Bikeway and Pedestrian Master Plan.
Budget & Financial Summary: The "Bike Route" signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Copy of Draft Ordinance
2. Location lYap
ORDINANCE NO.
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF COLLEGE STATION, TEXAS (1) REPEALING
ORDINANCE NO. 1719 ADOPTED AUGUST 13, 1987 AND (2) ALLOWING THE USE OF BICYCLES
ON TEXAS AVENUE.
WHEREAS, the City Council of the City of College Station, Texas, establishes and enacts laws for
the City of College Station, Texas; and,
WHEREAS, on August 13, 1987, the City Council of the City of College Station passed an
ordinance to prohibit the use of bicycles on Texas Avenue between University Drive (FM 60)
and Southwest Parkway; and,
WHEREAS, during the Texas Department of Transportation's (TxDOT) design process to develop
the construction plans to widerr Texas Avenue, discussions between TxDOT, City of College
Station, and the bicycle community were held and an agreement was reached to allow bicycles
on Texas Avenue after the completion of the Texas Avenue construction projects; now,
therefore,
BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF COLLEGE STATION, TEXAS:
PART 1: That ORDINANCE NO. 1719; TRAFFIC COIVTROL DEVICE INVEIVTORY - SCHEDULE
VI, part II BlKE PROHIBITION SIGNS, A. Texas Avenue Prohibition (between
Southwest Parkway and University) adopted on August 13, 1987 is hereby
REPEALED, the remaining portions are in full force.
PART 2: The repeal of ORDINANCE NO. 1719; TRAFFIC CONTROL DEVICE IIVVENTORY -
SCHEDULE VI, part II BlKE PROHIBITIOIV SIGNS, A. Texas Avenue Prohibition
(between Southwest Parkway and University) becomes effective ten (10) days
after the passage of the repeal.
ADOPTED this loth day of December, A.D. 2009.
AlTEST: APPROVED:
City Secretary
APPROVED:
city Attorney '
Mayor
Texas Avenue Bike Prohibition Repeal
December 10, 2009
Consent Agenda Item No. 2e
Wellborn Road at F&B and Old College
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding an Interlocal
Agreement (:[LA) between the Cities of College Station and Bryan for the design costs of a
traffic signal at the intersection of Wellborn Road with F8B and Old College. The City of
College Station's portion is estimated not to exceed $21,000. A second ILA will come at a
later date for the Council to consider participating in the construction costs.
Recommendation(s): Staff recommends approval of the ILA providing for College Station
to share the design costs.
Summary: The cities of College Station and Bryan are seeking to enhance safety and
improve the traffic flow through the Wellborn Road corridor at the intersections of F&B Road
and Old College Road. The proposed improvements in the area include the signalization of
the two intersections: Wellborn Road at F&B Road and Wellborn Road at Old College Road,
including adding a new signal at both intersections to improve safety and operations,
including communication, vehicle detection, and required traffic signal preemption for the
railroad.
The ILA provides for the two cities to equally share in the design costs associated with the
installation of a signal at the intersection of Wellborn Road with F&B and Old College in the
City of Bryan. The City of Bryan will hire an engineering firm to do the design and College
Station will pay one-half of the fees for this design. The total design fee is $42,000 with the
City of College Stations portion not to exceed $21,000. A second ILA will come at a later
date for the Council to consider participating in the construction costs.
Budget & Financial Summary: The City of College Station's estimated total cost for this
signal is $250,000. Budget for this signal was not included in the FYlO approved budget. It
is anticipated that the budget will be included on a future FYlO budget amendment and will
be appropriated to the Streets Capital Improvement Projects Fund. Funding for this project
will come from GOB funds approved in 2008.
Attachments:
1. ILA
2. Location map
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF COLLEGE STATION
AND THE CITY OF BRYAN
1'UBLIC INIPROVEMENTS FOR TRAFFIC SIGNALS AND INTERSECTION
IMPROVEMENTS FOR WELLBORN / F&B AND WELLBORN / OLD COLLEGE
This Interlocal Agreement ("Agreement") is effcctive as of the day of
, 2009, by and between thc City of College Station, a Texas Hoine Rule
Municipal Corporation (hereinafter referred to as "COLLEGE STATION") and the City of
Bryan (hereinafter referred to as "BRYAN") each acting herein by and tlrough its City Council.
WHEREAS, Chapter 791 of the TEXAS GOVERNMENT CODE, also known as the
INTERLOCAL COOPERATION ACT, authorizes all local governments to contract with each
other to perform functions or services that each pai-ty to the contract is authorized to perform
individually; and
WHEREAS, the pasties are seeking to enhance safety and improve the traffic flow
through the Wellborn Road corridor at the intersections of F&B Road and Old College Road
along the city limits of the Cities of COLLEGE STATION and BRYAN; and
WHEREAS, the improvements include intersection and signal improvements to the two
intersections of Wellborn Road at F&B Road and Wellboill Road at Old College Road; and
WI-IEREAS, BRYAN plans to improvc the intersection and signalization at the two
intersections: .Wellborn Road at F&B Road and Wellborn Road at Old College Road, including
adding a new signal at both intersections to improve safety and operations, including
communication, vehicle detection, and required traffic signal preemption for the railroad.; and
WHEREAS, BRYAN and COLLEGE STATION intends to share in the cost of the
design and construction of the intersection and signalization improvements; and
WI-IEKEAS, BRYAN will manage the construction of the new signal and maintain it
once construction is complete, and will send construction drawings for review and approval by
COLLEGE STATION; and
WHEREAS, the pai-ties agree to expedite the design and review of these projects so that
the project call move forward as soon as possible; and
NOW, TI-TEREFORE, the parties hercin enter into this Agreement between BRYAN and
COLLEGE STATION regarding the above Projects:
1. BRYAN AND COLLEGE STATION ngrce to:
(a) BRYAN will contract for the design of the traffic signals and intersection
improvements at Wellborn / F&B and Wellborn / Old College intersections:
The scope of work for the Wellborn Road traffic signals and intersection
improvements will include engineering ailalysis and design of the traffic
signals and related pavement inlpsovements and communication
infrastructure necessary to make the signals perform in synchronization.
. . Page 1 - --
The plans will be presented at the end of the 90% Final Engineering phase
for review by both cities. The scope also incIudes bidding documents.
(b) COLLEGE STATION will reimburse BRYAN for fifty percent (50%) of the
actukl total costs of the project design, not to exceed $21,000 within thirty (30)
days of invoice.
(c) COLLEGE STATION will consider through approval of a subsequent ILA
approving half the construction costs of the signal and intersection improvements
based on the engineer's estimate prior to BRYAN bidding.
4. Invalidity
If any portion of this Agreement shall be held to be invalid, illegal or unenforceable by a
coui-t or other tribunal of competellt jurisdiction, the validity, legality, and enforceability of the
remaining provisioils shall not in any way be affected or impaired thereby. The pal-ties shall use
their best effoi-ts to replace the respective provisions of this Agreement with legal terms and
conditions approximatiilg the original intent of the parties.
5. 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 film 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
Thii-ty (30) calendar days written notice to the other parties in writing of such change.
6. 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 betwccn the
parties relating to the subject matter. No oral understandings, statements, promises, or
inducemeilts 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 beforc or after the execntion of this Agreement, shall affect or modify any
terms or obligations hereunder.
7. Consent to Suit. Nothing in this Agreement will be construed as a waiver or
relinquishment by any party of its right to claim such exemptions, privilegcs, and immunities as
may be provided by law, nor as an ascent to assumc additional liabilities to third parties.
8. Amendment
The tcrlns and conditions of the Agreement may be modified at any lime by the mutual
consent of both parties, but ollly in writing, signed by the governing bodies of both entities. No
Amendment to this Agreement shall be effective and binding unless and until it is reduced lo
writing and signed by duly authorized representatives of both parties.
9. Texas Law
This Agreement has been made under and shall be governed by the laws of the State of
Texas.
Page 2
10. Place of Performance
Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
1 I. Authority to Enter 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.
12. 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 anyway affect the validity of this Agreement,
any part hereof, or the light of the City party thereafter to enforce each and every provision
hereof. No tern 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. Fui-themore, 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.
13. Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
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.
SIGNED this the day of ,2009.
CITY OF BRYAN CITY OF COLLEGE STATION
BY: BY:
Mark Conlee, Mayor Ben White, Mayor
ATTEST: ATTEST:
Mary Lynne Stratta, City Secretary Connie Hooks, City Secretary
Page 3
APPROVED:
David Watkins, City Manager
Janis Hampton, City Attorney
APPROVED:
Glenn Brown, City Manager
Harvey casgiil, City Attorney
Jeff Kersten, Chief Financial Offtcer
Page 4
Signalization of Wellborn with Old College and F&B
December 10, 2009
Consent Agenda Item No. 2f
Radio Replacement - Equipment Purchase
To : Glenn Brown, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
contract with HGAC for purchase of Motorola radio equipment and services to upgrade the
handheld and mobile radios in preparation for activation of the Brazos Valley Wide Area
Communications System (BVWACS) in an amount not to exceed $2,500,000.00.
Recommendation(s): Staff recommends approval.
Summary: : On June 26, 2008, Council approved the ILA establishing the BVWACS and
the :[LA appointing the Brazos Valley Council of Government (BVCOG) to act as the
Managing Entity for the BVWACS. The BVWACS creates a wide area communications system
that promotes radio system interoperability for Public Safety and Emergency Management
operations. The BVWACS system will require replacement of all of the old analog radios in
the city.
This purchase is being made through a purchase agreement with the Houston Galveston
Area Council.
Budget & Financial Summary: Funds in the amount of $4,885,000 are budgeted for the
Radio System Replacement project in the General Government Capital Improvement
Projects Fund. $163,616 have been expended or committed to date, leaving a balance of
$4,721,384 for this contract and future expenses. A portion of the budget ($2,395,000) for
this project came from the Equipment Replacement Fund, where funds had been set aside
for the purpose of replacing the system. The balance of the budget ($2,490,000) came from
Certificates of Obligation issued in FY09.
Attachments:
1. Motorola Contract (Signed copy will be presented at Council meeting)
2. Motorola Contract Exhibit "C"> on p,'I in C,'C~ secretkry Is 0$Flce
3. Motorola Contract Exhibit "D" iC needed.
PURCHASE AGREEMENT
THIS AGREEMENT ("Agreement"), made and entered into this day of December, 2009 by
and between Motorola Inc., a Delaware corporation duly authorized to conduct business in the
State of Texas ("Motorola" or "Seller"), the Houston-Galveston Area Council, a body corporate
and politic ("H-GAC") and the City of College Station, a body corporate and politic
("Purchaser").
WITNESSETH:
WHEREAS, the Purchaser desires to purchase Mobile and Handheld radio equipment and
accessories, and services consisting of engraving and installation of mobile radios in vehicles;
and
WHEREAS, Motorola desires to sell Mobile and Handheld radio equipment and accessories, and
services consisting of engraving and installation of mobile radios in vehicles to Purchaser; and
WHEREAS, H-GAC, acting as the agent for various local governmental entities who are "End
Users" under interlocal agreements (including the Purchaser) has solicited quotations for radio
communications equipment and conducted discussions with Motorola concerning its proposal
and, where applicable, in accordance with the competitive procurement procedures of Texas law;
and
WHEREAS, H-GAC and Motorola entered into that certain Radio Communications Equipment
& Systems Agreement dated as of January 1, 2008 (the "Contract"), which provided that End
Users may purchase radio communications equipment from Motorola pursuant to certain terms
contained therein; and
WHEREAS, pursuant to Article 34 of the Contract, Motorola and Purchaser now wish to enter
into this Purchase Agreement to delineate the specific terms of the purchase of radio
communications equipment and services from Motorola by the Purchaser.
THEREFORE, the parties hereby enter into an agreement pursuant to which Motorola shall
perform the work and furnish the equipment and services as more fully set forth herein and in the
following exhibits, which are either attached hereto or incorporated by reference and hereby
made a part of this Agreement:
Exhibit A General Provisions.
Exhibit B Motorola Software License Agreement
Exhibit C Motorola's Equipment List dated IVovember 25, 2009
Exhibit D Motorola/H-GAC Radio Communications Equipment & Systems Agreement
dated January 1,2008.
System Purchase Ag~nt.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
System Purchase Agmt.
Section 1 SCOPE OF WORK
A. Motorola shall furnish all of the equipment as outlined in Exhibit B and provide the tools,
supplies, labor and supervision necessary for the installation of the items purchased in
accordance with Exhibit C.
B. Purchaser shall perform the following coincident with the performance of this
Agreement:
(I) Provide a designated Project Director.
(2) Provide ingress and egress to Purchaser's facilities and/or sites as requested by Motorola.
(3) Provide a designated work area with adequate heat and light, and a secure storage area for
equipment delivered to the Purchaser. The Purchaser shall be solely liable for loss or damage to
equipment prior to, during and following illstallation when such equipment is on or within
Purchaser's facilities and/or vehicles.
Section 2 PERIOD OF PERFORMANCE
B. Whenever Motorola knows or reasonably should know that any actual or potential
condition due to circumstances beyond its control is delaying or threatens to delay the timely
performance of the work, Motorola shall within thirty (30) days give Purchaser notice thereof and
may request an extension of time to perform the work.
C. In order to successfully integrate and implement this project, shipments will be made
F.O.B. Destination to Purchaser facilities, local Motorola staging facilities, warehousing
facilities, or any combination thereof. It is agreed that this plan is acceptable to Purchaser and
that Motorola will advise prior to shipment of actual destination and that purchaser will accept
shipment, and make payment as required by this Agreement.
D. It is also agreed that equipment shipping dates reflected in this agreement or in Motorola
proposals are estimates only, and that shipment may be made at any time prior to, or subsequent
to these estimated shipping dates.
System Purchase Agmt.
Section 3 PAYMENT SCHEDULE
A. Motorola agrees to sell all of the equipment and perform the services as outlined in the
Scope of Work, and Purchaser agrees to buy the aforementioned equipment and services for the
sum of Two Million Ten Thousand Three Hundred Twenty Six Dollars and Eighty Cents ($
2,010,326.80), including the H-GAC administration fee. The final price may be adjusted by
change orders approved pursuant to Exhibit A, Section 4.
B. Payments to Motorola shall be made according to the following milestones:
1. 20% of the total contract price is due when Purchaser executes this Agreement;
2. 60% of the total contract price will be invoiced immediately after the Equipment is
shipped from Motorola's facilities;
3. 20% of the total contract price will be invoiced immediately after arrival of all equipment
at Purchaser's facilities and completion of engraving and installation services.
C. In the event of failure or delay by the Purchaser in providing sites, space, approvals,
licenses, or any other Purchaser obligations required preceding delivery of Motorola equipment,
it is agreed that Motorola, at its sole discretion, may ship equipment as planned and that the
Purchaser will accept the equipment and make payment in accordance with the terms of this
Agreement.
D. Payments to Motorola shall be made as follows:
(i) Motorola shall immediately forward an invoice for the payment requested in
Section 6(B) above to Purchaser.
(ii) Purchaser shall pay the Motorola invoice within thirty (30) calendar days of
receipt.
E. Payment of H-GAC's administrative fee:
Motorola will pay H-GAC in accordance with the payment terms of Contract No. RAO1-
08.
F. TERM. Unless terminated in accordance with other provisions of this Agreement or
extended by mutual agreement of the Parties, the term of this Agreement begins on the date as set
forth above and continues until the date of Final Equipment Delivery and radio installation, or
expiration of the Warranty Period, whichever occurs last.
Section 4 PROJECT MANAGEMENT
System Purchase Agmt.
A. If the size or complexity of the project warrants, Motorola will assign a Project Manager,
who is authorized to exercise technical direction of this project. Motorola, at any time, may
designate a new or alternate Project Manager with written notice to Purchaser and H-GAC.
B. All matters affecting the terms of this Agreement or the administration thereof shall be
referred to Motorola's cognizant Contract Administrator who shall have authority to negotiate
changes in or amendments to this Agreement.
Section 5 NOTICE ADDRESSES
A. Motorola, Inc.
6450 Sequence Drive
San Diego, Ca 92121
Attn.: Law Department
B. City of College Station
Department of Information Technology
3 10 Krenek Tap Rd
College Station, Texas 77842
Attn: Catherine Roberts
C. Houston-Galveston Area Council
3555 Timmons Lane, Suite 120
Houston, Texas 77027
Attn.: Public Services Manager
Section 6 ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved in the
following order:
Exhibit A General Provisions.
Exhibit B Motorola Software License Agreement
Exhibit C Motorola's Equipment List.
Exhibit D MotorolaIH-GAC Radio Communications Equipment & Systems Agreement
dated January 1, 2008.
Section 7 DISPUTES
Motorola and the Purchaser will attempt to settle any claim or controversy arising out of this
Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation.
If those attempts fail, then the dispute will be mediated by a mutually acceptable mediator to be
MotorolaIH-GACI -5- System Purchase Agmt.
chosen by Motorola and the Purchaser within thirty (30) days after written notice by one of the
parties demanding non-binding mediation. Neither party may unreasonably withhold consent to
the selection of a mediator, and Motorola and the Purchaser will share the cost of the mediation
equally. By mutual agreement, however, Motorola and Purchaser may postpone mediation until
both parties have completed some specified but limited discovery about the dispute. The parties
may also agree to replace mediation with some other form of non-binding alternate dispute
resolution procedure ("ADR").
Any dispute which cannot be resolved between the parties through negotiation or mediation
within two (2) months of the date of the initial demand for it by one of the parties may then be
submitted to a state or federal court having jurisdiction in Brazos County, Texas. Both Motorola
and Purchaser consent to jurisdiction over it by such a court. The use of any ADR procedures
will not be considered under the doctrine of laches, waiver or estoppel to affect adversely the
rights of either party. Nothing shall prevent either of the parties from resorting to the judicial
proceedings mentioned in this paragraph if (a) good faith efforts to attempt resolution of the
dispute under these procedures have been unsuccessful or (b) interim relief from the court is
necessary to prevent serious and irreparable injury to one of the parties or others.
Section 8 SEVERABILITY
If any portion of this Agreement or any exhibits hereto is held to be invalid, such provision or
portion of such provision shall be considered severable, and the remainder of this Agreement
shall not be affected.
Section 9 HEADINGS AND SECTION REFERENCES
The headings given to the paragraphs are inserted for convenience only and are in no way to be
construed as part of this Agreement or as a limitation of the scope of the particular paragraph to
which the heading refers.
System Purchase Agmt.
Section 10 FULL AGREEMENT
This Agreement and its Exhibits constitute the final expression of the agreement of the parties
and supersedes all previous agreements and understandings, whether written or oral, relating to
the work. This Agreement may not be altered, amended, or modified except by written
instrument signed by duly authorized representatives of the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives as of the last day and year written below.
MOTOROLA, INC. PURCHASER
By: By:
(Signature) (Signature)
Name: IVame:
(Print - Block Letters) (Print - Block Letters)
Title: Title:
(Print - Block Letters) (Print - Block Letters)
Date: Date:
System Purchase Agmt.
EXHIBIT A
GENERAL PROVISIONS
MOTOROLA, INC.
Section 1 STANDARDS OF WORK
Motorola agrees that the performance of work described in this Agreeinent and pursuant
to this Agreeinent shall be done in a professional manner and shall conform to
professional standards. All packaging and packing shall be in accordance with good
com~nercial practice.
Section 2 TAXES
The prices set forth in the Agreement are exclusive of any amount for Federal, State or
Local excise, sales, lease, gross income service, rental, use, property, occupation or
similar taxes. If any taxes are determined applicable to this transaction or Motorola is
required to pay or bear the burden thereof, the Purchaser agrees to pay to Motorola the
amount of such taxes and any interest or penalty thereon no later than thirty (30) days
after receipt of an invoice therefor.
Section 3 SHIPPING, TITLE AND RISK OF LOSS
All sales and deliveries are F.O.B. Destination. Motorola reserves the right to make
deliveries in installments and the Agreement shall be severable as to such installments.
Title to the equipment shall pass to the Purchaser upon receipt at the F.O.B. Destination.
After delivery to the F.O.B. Destination, risk of loss and damage to the articles shall be
borne by the Purchaser. The above notwithstanding, title to software and any third party
supplied software shall not pass upon payment of the license fee therefor or under any
circumstances.
Section 4 CHANGES IN THE WORK
A. The Purchaser may, at any time, by written order, make changes within the
general scope of the work, including but not limited to revisions of, or additions to,
portions of the work, or changes in method of shipment or packaging and place of
delivery.
B. If any order under this Section 4 causes an increase or decrease in the cost of or
time required for the performance of any part of the work under this Agreement, an
equitable adjustment shall be made in the Agreeinent price or delivery schedule, or both,
and the Agreeinent shall be modified in writing accordingly. Motorola is not obligated to
comply with any order hereunder unless and until the parties reach agreement as to the
aforementioned equitable adjustment and same is reflected as an addendum to this
Agreement.
Sysle~n Purchase Agml
Section 5 LIMITATION OF LIABILITY
Except for personal injury or death, Motorola's total liability whether for breach of
contract, warranty, negligence, indemnification, strict liability in tort or otherwise, is
limited to the price of the particular products or services sold hereunder with respect to
which losses or damages are claimed. Purchaser's sole remedy is to request Motorola at
Motorola's option to either refund the purchase price, repair or replace product(s) that are
not as warranted. IN NO EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS
OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST
PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE
DISCLAIIVIED BY LAW. No action shall be brought for any breach of this contract
more than one (I) year after the accrual of such cause of action except for money due
upon an open account.
Section 6 EXCUSABLE DELAYS
A. Neither Motorola nor the Purchaser shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but are not be limited to, acts of God; fire; strikes; material
shortages; compliance with laws or regulations; riots; acts of war; or any other conditions
beyond the reasonable control of the party or parties.
B. Delays as identified herein may cause an impact on the Period of Performance
stated in the Agreement. Such delays will be subject to an Agreement addendum as
described in Section 4.
Section 7 DEFAULT
A. If Motorola is wholly responsible for failure to make delivery or complete
installation under the Agreement, the Purchaser may consider Motorola to be in default,
unless such failure has been caused by the conditions set forth in Section 6 of these
General Provisions.
B. The Purchaser shall give Motorola written notice of such default and Motorola
shall have thirty (30) days to provide a plan of action to cure the default. If Motorola fails
to cure the default, the Purchaser may terminate any unfulfilled portion of this Agreement
or complete the system through a third party. In the event the Purchaser completes the
system through a third party, Motorola shall be responsible for an amount in excess of the
Agreement price, not to exceed the value of the terminated portion, incurred by the
Purchaser in completing the system to a capability not exceeding that specified in the
Agreement. IN THE EVENT OF DEFAULT, MOTOROLA SHALL NOT BE LIABLE
FOR ANY IIVCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL
DAMAGES.
System Purcl~ase Agnl
Section 8 LICENSESIAUTHORIZATION
The Purchaser is solely responsible for obtaining any licenses or other authorizations
required by the Federal Communicatiolls Commission and for complying with FCC rules.
Neither Motorola nor any of its employees is an agent or representative of the Purchaser
in FCC matters or otherwise.
Section 9 INDEMNIFICATION -
Motorola agrees to and hereby indemnifies and saves Purchaser andlor H-GAC harmless
from all liabilities, judgments, costs, damages and expenses which may accrue against, be
charged to, or recovered from the Purchaser andlor H-GAC by reason of or on account of
damage to the tangible property of the Purchaser or the property of, injury to, or death of
any person, to the extent and in the proportion that such damage or injury is caused by
Motorola's negligent acts or omissions or that of its employees, subcontractors, or agents
while on the premises of the Purchaser during the delivery and installation of the
communications equipment. IN NO EVENT WILL MOTOROLA BE LIABLE FOR
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
Section 10 EQUIPMENT COMPATIBILITY; PRODUCT SUPPORT
Motorola agrees that the equipment, will perform in accordance with the specifications
and representations stated in Motorola's Proposal and Equipment List included in this
Agreement. This Agreement does not extend to the performance of the equipment as a
part of a larger system generally nor specifically to equipment in combination with
products, elements or components not supplied by Motorola.
Motorola will use commercially reasonable efforts to provide replacement parts for
Motorola manufactured subscriber equipment for five (5) years and for Motorola
manufactured fixed infrastructure equipment for seven (7) years, both from the date of
last manufacture. Motorola reserves the right to supply either assemblies or piece parts.
Section 11 WARRANTIES
A. WARRANTY PERIOD. The Equipment and Motorola Software is warranted for
a period of one (1) year after Equipment Delivery ("Warranty Period") in accordance with
the applicable limited warranties shown below. In no event will the warranty period last
longer than eighteen (18) months after the Equipment is shipped from Motorola.
Purchaser must notify Motorola in writing if Equipment or Motorola Software does not
conform to these warranties no later than one month after the expiration of the Warranty
Period.
B. EQUIPMENT WARRANTY. Motorola warrants the Equipment against material
defects in material and workmanship under ilormal use and service during the Warranty
Period. Unless otherwise specified in writing, the Warranty Period for non-Motorola
manufactured Equipment will be as stated in this Section. At no additional charge and at
its option, Motorola will either repair the defective Equipment, replace it with the same or
equivalent Equipment, or refund the purchase price of the defective Equipment, and such
action on the part of Motorola will be the full extent of Motorola's liability hereunder.
Repaired or replaced Equipment is warranted for the balance of the original applicable
warranty period. All replaced parts of the Equipment shall become the property of
Motorola.
THIS WARRANTY DOES NOT APPLY TO
a) Defects or damage resulting from use of the Equipment in other than its
normal and customary manner.
b) Defects or damage occurring from misuse, accident, water or neglect.
c) Defects or damage occurring from testing, maintenance, installation,
alteration, modification, or adjustment not provided by Motorola pursuant
to this Agreement.
d) Breakage of or damage to antennas unless caused directly by defects in
material or workmanship.
e) Equipment that has been subjected to unauthorized modifications,
disassembly or repairs (including the addition to the Equipment of non-
Motorola supplied equipment if not authorized by Motorola) which
adversely affect performance of the Equipment or interfere with
Motorola's normal warranty inspection and testing of the Equipment to
verify any warranty claim.
f) Equipment that has had the serial number removed or made illegible.
g) Batteries (because they carry their own separate limited warranty).
h) Freight costs to the repair depot.
i) Equipment that has been subject to illegal or unauthorized alteration of the
softwarelfirmware in the Equipment.
j) Scratches or other cosmetic damage to Equipment surfaces that does not
affect the operation of the Equipment.
k) Software.
1) Normal or customary wear and tear.
C. Motorola Software Warranty. Motorola Software is warranted in accordance with
the terms of the Software License Agreement attached as Exhibit B.
D. These express limited warranties as set forth in this Section are extended by
Motorola to the original end user purchasing or leasing the Equipment for commercial,
industrial, or governmental use only, and are not assignable or transferable. These are the
complete warranties for the Equipment provided pursuant to this Agreement.
E. THESE WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER
WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR
CONDITIOIVS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL MOTOROLA BE LIABLE FOR DAMAGES IN
EXCESS OF THE PURCHASE PRICE OF THE EQUIPMENT. IN NO EVENT WILL
MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME,
IJVCONVENIEIVCE, COMWIERCIAL LOSS, LOST PROFITS OR SAVINGS OR
OTHER INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT, TO THE
FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
Section 12 CONFIDENTIAL INFORMATION
Motorola proprietary computer programs will be released in accordance with the
Software License provisions set forth elsewhere, if applicable. All other material and
informatioil of confidential nature marked Motorola PROPRIETARY and
CONFIDENTIAL will be released as necessary under the following conditions:
(1) Purchaser shall exercise reasonable and prudent measures to keep these items in
confidence.
(2) Purchaser shall not disclose these items to third parties without prior written
permission, unless Motorola makes them public or Purchaser learns them rightfully from
sources independent of Motorola, or it is required by law to be disclosed.
Sysle~n Pul-chase Agmt
(3) Motorola, where necessary, retains the right to prescribe specific security
measures for the Purchaser to follow to maintain the confidentiality.
In the event disclosure of such information is necessary, a separate Non-Disclosure
Agreement will be required.
Section 13 SOFTWARE LICENSE
A. Motorola Software. Any Motorola Software hmished will be licensed to
Purchaser solely according to the terms and restrictions of the Software License
Agreement attached as Exhibit B. Purchaser hereby accepts all of the tenns and
restrictions of the Software License Agreement.
B. Non-Motorola Software. Any Non-Motorola Software hmished by Motorola will
be subject to the terms and restrictions of its copyright owner unless such copynght
owner has granted to Motorola the right to sublicense such Non-Motorola Software, in
which case the Software License Agreement (including any addendum to satisfy such
copyright owner's requirements) shall apply.
System Purchase Ay~nt
Section 14 PATENT INDEMNIFICATION
Motorola will defend at its expense any suit brought against Customer to the extent it is
based on a third party claim alleging that the Equipment manufactured by Motorola or the
Motorola Software infringes upon the third party's United States patent or copyright
("Infringement Claim"), and Motorola will indemnify Customer for those costs and
damages finally awarded against Customer for an Infringement Claim. Motorola's duties
to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in
writing of the Infringement Claim; Motorola having sole control of the defense of the suit
and all negotiations for its settlement or compromise; and Customer providing to
Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense
of the Infringement Claim.
If an Inhngement Claim occurs, or in Motorola's opinion is likely to occur, Motorola
may at its option and expense procure for Customer the right to continue using the
Equipment or Motorola Software, replace or modify it so that it becomes non-infringing
while providing functionally equivalent performance, or grant Customer a credit for the
Equipment or Motorola Software as depreciated and accept its return. The depreciation
amount will be calculated based upon generally accepted accounting standards for such
Equipment and Motorola Software.
Motorola will have no duty to defend or indemnify for any Infringement Claim that is
based upon the combination of the Equipment or Motorola Software with any software,
apparatus or device not furnished by Motorola; the use of ancillary equipment or software
not furnished by Motorola and that is attached to or used in connection with the
Equipment or Motorola Software; any Equipment that is not Motorola's design or
formula; a modification of the Motorola Software by a party other than Motorola; or the
failure by Customer to install an enhancement release to the Motorola Software that is
intended to correct the claimed inhngement. The foregoing states the entire liability of
Motorola with respect to inhngeinent of patents and copyrights by the Equipment,
Motorola Software, or any of their parts.
Section 15 DISCLAIMER OF PATENT LICENSE
Nothing contained in this Agreement shall be deemed to grant, either directly or by
implication, estoppel, or otherwise, any license under any patents or patent applications of
Motorola, except that Purchaser shall have the normal non-exclusive royalty-free license
to use that is implied, or otherwise arises by operation of law, in the sale of a product.
Section 16 WAIVER
Failure or delay on the part of Motorola or Purchaser to exercise right or power hereunder
shall not operate as a waiver thereof.
Section 17 GOVERNING LAW
System Purcliase Ag~nt
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas.
Section 18 ASSIGNABILITY
The Agreement inay not be assigned by any party hereto other than Motorola may assign
this order to one of its Subsidiaries as in the nonnal course of business.
System Purcliase Ag~nt
Exhibit B
Software License Agreement
This Exhibit B, Software License Agreement ("Agreement") is between Motorola, Inc., ("Motorola"), and
the City of College Station ("Licensee").
For good and valuable consideration, the parties agree as follows:
Section 1 DEFINITIONS
1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which
the Software and Documentation is licensed for use.
1.2 "Documentation" means product and software documentation that specifies technical and
performance features and capabilities, and the user, operation and training manuals for the Software
(including all physical or electronic media upon which such information is provided).
1.3 "Open Source Software" means software with either freely obtainable source code, license for
modification, or permission for free distribution.
1.4 "Open Source Software License" means the terms or conditions under which the Open Source
Software is licensed.
1.5 "Primary Agreement" means the agreement to which this exhibit is attached.
1.6 "Security Vulnerability" means a flaw or weakness in system security procedures, design,
implementation, or internal controls that could be exercised (accidentally triggered or intentionally
exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system
damaged.
1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, de-
compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications,
enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain
one or more items of software owned by a third party supplier. The term "Software" does not include any
third party software provided under separate license or third party software not licensable under the terms of
this Agreement.
Section 2 SCOPE
Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain
proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This
Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and
Licensee's use of the Software and Documentation.
Section 3 GRANT OF LICENSE
3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola
grants to Licensee a personal, limited, non-transferable (except as pennitted in Section 7) and non-exclusive
license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement)
embodied in the Software to use the Software, in object code form, and the Documentation solely in
connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to
source code.
System Purcllase Ag~nl
3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software,
the terms and conditions governing the use of such Open Source Software are in the Open Source Software
Licenses of the copyright owner and not this Agreement. If there is a conflict between the ternls and
conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing
Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable
Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested
by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source
Software is provided under this Agreement; (ii) identify the Open Source Software and provide Licensee a
copy of the applicable Open Source Software License (or specify where that license may be found); and,
(iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly
available (although distribution fees may be applicable).
Section 4 LIMITATIONS ON USE
4.1. Licensee may use the Software only for Licensee's internal business purposes and only in
accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting
the general nature of these restrictions, Licensee will not make the Software available for use by third
parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar
commercial rental or sharing arrangement.
4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble,
peel components, decompile, reprograin or otherwise reduce the Software or any portion to a human
perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative
works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or
Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to
any third party, or take any action that would cause the Software or Documentation to be placed in the
public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of
Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or
Documentation available to, or permit the use of the Software by any third party or on any machine except
as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that
would result in the production of a copy of the Software solely by activating a machine containing the
Software. Licensee may make one copy of Software to be used solely for archival, back-up, or disaster
recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the
original Software is being operated. Licensee may make as many copies of the Documentation as it may
reasonably require for the internal use of the Software.
4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow
any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product;
or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device.
Licensee may temporarily transfer Software installed on a Designated Product to another device if the
Designated Product is inoperable or malhnctioning, if Licensee provides written notice to Motorola of the
temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the
Software to another device must be discontinued when the original Designated Product is returned to
operation and the Software must be removed from the other device. Licensee must provide prompt written
notice to Motorola at the time temporary transfer is discontinued.
4.4. When using Motorola's Radio Service Software ("RSS"), Licensee must purchase a separate
license for each location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does not
entitle Licensee to use or access RSS remotely. Licensee may make one copy of RSS for each licensed
location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to
use RSS upon Motorola's request.
4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter,
accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an
independent third party ("Auditor") may inspect Licensee's premises, books and records, upon reasonable
prior notice to Licensee, during Licensee's nonnal business hours and subject to Licensee's facility and
security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any
information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the
Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this
Agreement.
Section 5 OWNERSHIP AND TITLE
Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the
Software=and Documentation, including, but not limited to, all rights in patents, patent applications,
inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to
the Software and Documentation (including any corrections, bug fixes, enhancements, updates,
modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works
from the Software or Documentation, whether made by Motorola or another party, or any improvements
that result from Motorola's processes or, provision of information services). No rights are granted to
Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are
expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or
prepared by Motorola in connection with providing the Software, Designated Products, Documentation or
related services, remains vested exclusively in Motorola, and Licensee will not have any shared
development or other intellectual property rights.
Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY
6.1. The commencement date and the term of the Software warranty will be a period of one hundred
fifty (1 50) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in
breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software,
when used properly and in accordance with the Documentation and this Agreement, will be free from a
reproducible defect that eliminates the functionality or successful operation of a feature critical to the
primary functionality or successful operation of the Software. Whether a defect occurs will be determined
by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of
the Software or the Designated Products will be unintempted, error-free, completely free of Security
Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular
requirements. Motorola makes no representations or warranties with respect to any third party software
included in the Software.
6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to
use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will
involve either replacing the media or attempting to correct significant, demonstrable program or
documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable
time, then at Motorola's option, Motorola will replace the defective Software with functionally-equivalent
Software, license to Licensee substitute Software which will accomplish the same objective, or terminate
the license and refund the Licensee's paid license fee.
6.3. Warranty claims are described in the Primary Agreement.
6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any
and all other warranties (express or implied, oral or written) with respect to the Software or
Documentation, including, without limitation, any and all implied warranties of condition, title, non-
infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not
Motorola knows, has reason to know, has been advised, or is otherwise aware of any such pnrpose or
use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In
addition, Motorola disclaims any warranty to'any person other than Licensee with respect to the
Software or Documentation.
Section 7 TRANSFERS
Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written
consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee
System Purcliase Ag~nl
paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products
are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third
party, Licensee may assign its right to use the Software (other than RSS and Motorola's FLASHportB
software) which is embedded in or furnished for use with the radio products and the related Documentation;
provided that Licensee transfers all copies of the Software and Documentation to the transferee, and
Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the
transferee to be bound by this Agreement.
Section 8 TERM AND TERMINATION
8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is
signed by both parties and will continue for the life of the Designated Products with which or for which the
Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in
which case this Agreement and Licensee's right to use the Software and Documentation may be terminated
immediately upon notice by Motorola.
8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to
Motorola that all copies of the Software have been removed or deleted from the Designated Products and
that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee
and are no longer in use by Licensee.
8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the
development, marketing, and distribution of the Software and Documentation and that Licensee's breach of
this Agreement will result in irreparable harm to Motorola for which monetary damages would be
inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled
to all available remedies at law or in equity (including immediate injunctive relief and repossession of all
non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United
States Government).
Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS
This Section applies if Licensee is the United States Government or a United States Government
agency. Licensee's use, duplication or disclosure of the Software and Documentation under
Motorola's copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs
(c)(l) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19
(JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the
Software and Documentation are being provided to the Department of Defense, Licensee's use,
duplication, or disclosure of the Software and Documentation is subject to the restricted rights set
forth in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may
not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions
of this Agreement will continue to apply, but only to the extent that they are consistent with the
rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as
applicable to the particular procuring agency and procurement transaction.
Section 10 CONFIDENTIALITY
Licensee acknowledges that the Software and Doculllentation contain Motorola's valuable proprietary and
Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement
concerning Confidential Information apply.
Section 11 LIMITATION OF LIABILITY
The Limitation of Liability provision is described in the Primary Agreement.
System Purchase Agml
Section 12 NOTICES
Notices are described in the Primary Agreement.
Section 13 GENERAL
13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be
construed as an admission or presumption of publication of the Software or public disclosure of any trade
secrets associated with the Software.
13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws
and regulations of the United States and Licensee will comply with all applicable laws and regulations,
including export laws and regulations of the United States. Licensee will not, without the prior
authorization of Motorola and the appropriate governmental authority of the United States, in any form
export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or
technical data or direct or indirect products sold or otherwise hrnished to any person within any territory
for which the United States Government or any of its agencies at the time of the action, requires an export
license or other governmental approval. Violatioil of this provision is a material breach of this Agreement.
13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its
obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or
consent of Licensee.
13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent
that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped
if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if
Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the
International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction
Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a
party's perfonnance under this Agreement, UCITA does not govern any aspect of this Agreement or any
license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The
governing law will be that in effect prior to the applicability of UCITA.
13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of
Motorola and Licensee. No third party has the right to make any claim or assert any right under this
Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing,
any licensor or supplier of third party software included in the Software will be a direct and intended third
party beneficiary of this Agreement.
13.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement.
13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary
Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of
this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter.
13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and
the acquisition of third party Software to limit Security Vulnerabilities. While no software can be
guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will
take the steps set forth in Section 6 of this Agreement.
December 10, 2009
Consent Agenda Item No. 29
2009 Medical Claims Additional Authorization
To : Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion to ratify medical
claims expenses of $291,633.88 and authorize additional projected claims of
$364,183.75 for a combined increase to the 2009 Blue Cross Blue Shield purchase
order 090433, in the amount of $655,817.63.
Recommendation(s): Staff recommends approval of the additional authorization
to pay medical claims expenses.
Summary: In October 2008, City Council approved anticipated 2009 claims costs in
the amount of $ 3,447,713.28. Staff is requesting the City Council ratify
$291,633.88 for claims already paid above the originally approved amount and
authorize additional expenditures for projected medical claims of $364,183.75, for a
total change order amount of $655,817.63. The additional amount is due to large,
unexpected medical claims that were incurred throughout the 2009 plan year.
Blue Cross Blue Shield has paid several of these claims and this formal action will
ensure proper ratification of the change order, as well as ensure the funding is
available to pay the remaining claims incurred during the 2009 plan year.
Budget and Financial Summary: Funds are available in the employee benefits
fund.
Attachments: none
December 10, 2009
Consent Agenda Item No. 2h
Third Party Claims Administration
To: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion regarding contract renewal
for Third Party Claims Administration with A S & G Claims Administration, Inc. for an annual
expenditure of $52,000. Anticipated workers compensation claims for FYlO are $100,000
and anticipated liability claims for FYlO are $330,000.
Recommendation(s): In September of 2008 Abercrombie, Simmons & Gillette, Inc. was
selected from a group of ten proposals for third-party claims administration. The approved
contract provides for four (4) one year renewals. Staff recommends renewal of the contract
with A S & G Claims Administration, Inc. for the City's third-party claims administration, and
authorization to pay up to $430,000 for anticipated workers compensation and liability
claims.
'Summary: The City of College Station is self-insured, which requires the services of claims
adjustment on all workers compensation claims and significant liability claims. A S & G
Claims Administration, Inc. has provided excellent customer service while continuing to
assist the City in reducing the costs of claims administration. This is the first renewal option
and is effective October 1, 2009 through September 30, 2010.
Budget & Financial Summary: Funds are available in the FYlO budget in the Property
Casualty Fund and the Workers Compensation Fund. Forecast of expenditures for claims
administration in FYI0 are decreased $301,000 or 41 percent from the revised FY09 budget.
Attachments: Contract renewal for third-party claims administration is available in the City
Secretary's Office.
December 10, 2009
Consent Agenda Item No. 2i
Policy Renewal for Fiscal Year 2010
To: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion regarding the annual
renewal of Property and Casualty insurance policies for the term October 1, 2009 to
September 30, 2010 to include:
Excess Liability/Worker's Compensation with Star National Insurance Co. for $289,801
Property/Boiler and Machinery with Affiliated FM for $101,434
Crime Coverage with Federal Insurance Co. for $4,522
EMT Liability with Western World Insurance Co. for $5,078
Brokerage fees with McGriff, Siebels, 8 Williams for $12,000
Total of the above annual premiums and fees: $412,835
Recommendation(s): Staff recommends approval of the renewal of these insurance
policies for the period October 1, 2009 to September 30, 2010.
Summary: In September of 2009, council approved a three month renewal for the
coverage listed, for the first quarter of FY10. Since then, Staff has worked with the City's
broker of record, McGriff, Siebels, and Williams of Texas, Inc., to obtain a renewal of
coverage for the remainder of FY10. Therefore, this recommended renewal encompasses
the entire 12 month period for FY10.
During the third quarter of FYlO a Request for Proposal (RFP) is planned to competitively
obtain insurance coverage for FY11.
Budget & Financial Summary: Funds are available in the FYlO budget in the Property
Casualty Fund and the Workers Compensation Fund. Premiums in FYI0 are increased 3.9
percent ($15,313), from the FY09 premiums.
Premiums for Crime and EMT Liability remain unchanged from FY09.
Premium increase for Excess Liability 8 Worker's Comp. is due to increased
payroll values.
Premium increase for Property and Machinery Coverage is primarily due to the
addition of Chimney Hill and the Memorial Cemetery, and corrected values on
Chimney Hill, City Hall, and the Parking Garage.
Attachments: Broker's recommendation letter
\ ,I I I'
MCGRIFF. SEIBELS & WILLIAMS OF TEXAS. INC.
Q.0 5080 Spectruln Drive, Suite 900E Addison, TX 7500 1 TEL - (469) 232-2 100 FAX - (469) 232-2 10 1
November 23,2009
Mr. Dwayne Walters
Human Resources
City of College Station
1 101 Texas Ave.
College Station, TX 77840
Re: Property/Casualty Insurance Renewals effective October 1, 2009
Dwayne,
Per the City's request, we have asked the City's Property and Casualty insurance carriers to renew the
expiring policies effective 10/01/09 for a full annual term to expire 09/30/10. All terms and conditions
will remain the same as the expiring coverages, with any changes in premium due solely to changes in
underwriting information submitted by the City, such as payroll and property values. All rates remain
the same.
The renewal premiums and carriers by line of coverage are as follows:
PropertyBoiler & Machinery - $101,434 Premium with Affiliated FM
Crime Coverage - $4,522 Premium with Federal Insurance Company
Excess Liability and Workers' Compensation - $289,801 Premium with Star Insurance
Company
EMT Liability - $5077.64 Premium with Western World
Attached you will find a comparison of the expiring versus the renewal programs. Please review this
information and let us know if you have any questions. We look forward to continuing our
relationship with the City of College Station.. Thank you.
Sincerely, ;
JO~&I~ Fontenot, CPCU, ARM, AIC
Senior Vice President
January 10, 2009
Consent Agenda Item No. 2j
Health Plan Renewals
January 1, 2010 - December 31, 2010
To: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion on approving
renewal contracts with Blue Cross and Blue Shield of TX for medical and dental
coverage, Deer Oaks for the employee assistance program, and Standard Insurance
Company for long term disability insurance.
Recommendation(s): Staff recommends approval of 2010 renewal contracts.
Summary: The Blue Cross and Blue Shield medical and dental and Deer Oaks
employee assistance plan 2010 renewals are the second renewal of the original
contract and there is one additional option to renew under the original contract. The
long term disability coverage under Standard Insurance Company renews annually.
The City's health plan includes:
= Blue Cross and Blue Shield - Medical/Dental/Stop Loss Coverage;
CVS Caremark - Prescription Drug Coverage;
Minnesota Life - Basic Life Insurance and Accidental death and
dismemberment;
= Standard Insurance Company - Long-term Disability;
Deer Oaks - Employee Assistance Program;
Total Administrative Services Corp - Flexible Spending Account
Administration; and
= United Health Care - Vision Plan
BIueCross/BlueShield requested a renewal increase for the Specific and Aggregate
Stop Loss contracts of approximately 1g0/0. However, BlueCross/BlueShield
requested no increase to the medical and dental administration fees. Standard
Insurance Company also requested no increase to the long term disability fee.
The City's Prescription Drug Coverage, Basic Life/AD&D, EAP, and Vision programs
are currently under a rate guarantee period and therefore will renew at the existing
rate structure.
The 2010 plan year projected costs are based on a monthly average of 875
employees on the plan. This represents a cost to the City of approximately $ 752.57
per employee per month.
Budget and Financial Summary: Funds are available and budgeted in the
employee benefits fund.
Attachments:
1. Consultant Recommendation Letter
2. 2010 Cost Projections
3. Blue Cross and Blue Shield Administrative Services Only - Medical
4. Blue Cross and Blue Shield Administrative Services Only - Dental , e ~n
5. Deer Oaks Employee Assistance Program Contract City $eretrrry '5 > On 6. Standard Insurance Company Long Term Disability Policy Renewal &rice Gr vie~c'r, 3
bls. Alisc>~~ I'o~iiI
I-IUIII~III l<e:;oun:c.: lli~cciol.
Cli(y (~I'ColIege S~aliol~
I I01 'lesws Aver~ue
College Stnlion, T): 77824
Dcar M.s. Pond,
As your Brolccr or lieco~d, \ve \\roulcl lilte to l~l,o\iiclc )!ou \.vitll au esl~lanntior~ of'llie general sluk of
the m:u.l<cll~lace lor he:ll-tll r11ic1 \~fcll'~l.i: pl'ogr'anis a~icl Ilo\\; lhey relxle to llle City of Colle[;c.
Slation. Ovel;?ll f~~o~n a nalional perspecli\~e, eml)loyers are un:k)rtunaleIy exl)ecletl lo see anotlnci*
inc,.reese in their ~iieilicol benciit expenclitures. 'Sllc projecled national average cost of orovicling
li~edical benc-lits per e~inployee per year ror 2010 is -prc?jected lo i~icl.ense 7%): anel (lie average
RI~IILI~I~ pe~--employee spend will k)r [lie fist lime cl.oss Llle $10,000 11iasl<. During lhe ~nost ]went
12 monlh periocl, tlie City of College Slation's benefits cost per ernl~loyee per year has been $7,816
(Meclical, Ilenlal, & RS) \<\rhich is still .well below ~hc national averosc of $8,945.
It is i~nportant to note that the Clily has a self-fit~ltletl uleclicnl pl:.io i.111cl il is made: up ofl111.ee 11itljo.1.
cotnpont:lits. 'l''1iese inclucle ncl~iiil~isl~,ati\re fees: re-jnsu~.alice lj~.en~ii~ln (stop-loss), ant1 act~~al
clain-1s. For 201 0 klcC';lsif \V;IS able lo negotiale u fat or 0'K illcrease on both the metlicnl nnd
dental aclmi~iis~~~t~tio~~ I'ces.
FJ.OIII a re-insurance or slo1)-loss pe~~spccti\lc, tlie ninrltet has esperie~~ced R Ligl~re~iing al~tl
liartlcning of 1r1Les cluring thc Inlter hnIT of 2009 and inlo 2010. t"\nnt1:.11 slop loss renewals Iiave
commo~lly ~.ene\ved bct\veen 10'!4) /;,and 25?/0. 20 1 C) ~'enewuls arc ra~lging betweell 10% nncl 50%.
illso, Inany i~ei~is~lrnnce mtu.kcts are choosing lo clecline a~itl not iluole due lo poor -1.is1c Sz1clo1.s nlttl
ii~icumpeli~i\~e rates. ?:he ~il.i\ri~lg force l)elii~~cl ~IICI.CRS~JI~ S:IOI) ICISS p~.e~llitl~it is tlie l~rolongecl
I.BCFSS~~II? Je\;c~.ngecl tlxncl, ivhich is clue Lo inl'la1io11o1.y jnc~.eiises in ~iieclical tecli~iology, iltlva~~cecl
procedu~~es.. anel large cilni~ns. Iluring the lasl 12 nlolilhs l.3C:/l.3S has p:.lid $627,342 in stop-loss
rejmbu~.se~iients and hl~s col lectecl an cstimatecl $325,457 in l?remiu~ii; cqt~aling a loss salio o:V
192.76%. '.l'lic~.e:Li~rc, tluc to [he c:.url-e~il high claims, U(1'/13S \vas the only ~.einst~m~ice' carrier Lhal
olli:~.etl :.I quok -for 2010, arid it ~,cflcc~ccl n 20% rare inct.case. i\le\~cl.~heless, (he senc\\:nl coulcl
have bcen 111\1ch \verse clue to the poor experience.
, . 1 hc tliircl coml,onenl ofscl~.fi~~itling is the actual clain~ liability. 'I'liis is tlie Cily's Itirgest esl)t.lisi:
and gsealcst espos~~~,r. 1:)uring llic mosl recent 1:!-1nontl1 pcl.iocl, Ilie (::ily':; nclttal paid meclicol
cl;lims were !15,016,1 0 1 ; Ilo\\ie\ier, :w pre\iiclvsly ~l~c~~lionecl, rciils~~i~anct: paitl oul $;627,34?
I,ringi~lg [lie C.'ity':; tr)~i~l clairll liability il0\\;11 to $4,405,750 01. $5,'l.'$X.ill pei' cmployec pel ye:li:
1.11 suininnly, ~hc I-isecl cosls (~iln~i~~is~i~ati~~e fees and ~.c-insu~.nilce) p~~n~liiinis c:o~~~bi~i~il iilcreasetl
8.35% 01. $89 I .3G I~:I elnl?lu>lee ])el. yea\,. Ililc to tllc cii~c~i~~~s~ailccs and Iligl~ (:li.~im~ esl)ei.ie~icc we
I.)elievt: [lla[ ovcrall [he 10 10 ~.c~le\\:;~l is \\lell within ~~oi.i~~i~li\e l'nilge 01. lo\z~i' tlinn gclleral ~lial'kcl
conclitio~is.
-l'he Cil:y's I'iasic I,i!i/c\D&ll, l!/-\I', I:,'TD: Vision, :lnd 1'131\/1 l:)~'c)g~'nil-~s ;Ire eii~.i~elitly unties n 1':11c
gi~al.alitcc 11el'iocl a~ltl (hei,efoi.e will sene\v :I[ [lle csisling inle slnicl~~~,e.
M/c I,clievc. lllal l1.1~' ~~~~oi~iii~eli~l~tl lieallll uncl ~vellnl~e ~.e~le\vals ;~IY tlic 1110sL br:llc;li~.iill nntl cclsl
e'l'lecti\lc ol)linlis .IYi)i. llic City ol'C:ollege St:llion. h/lcGriffal)l)rcciillcs [lie (:113poi.[l1iiily ID conli~i~ie
wol~lti~~g \\~ilIi I:II(= Cily of College Slalioil 011 (he hcallh antl \?~el-hre 1:u.ogl3arns. 11'you shoultl have
:11iy cl~lv.stions please tlo not licsitnre lo call.
, .. . ... .
- -. -.,
/. ,-
.-- I----._.._.
Iloclcl Dorsey ,./ , Ad.*+.'F
Vice Prcsidenl a,L,-., ,,/;-...---'
Executive Summary
Projected Program Costs for Claims and Administrative Fees
01-01-2010 to 12-31-2010
Average Monthly Employees on Health Plan 8 75
Administration PEPlVl Annual Expense
Medical (including wellness) $38.82 $ 407,610
Dental $3.72 $ 39,060
Pharmacy $0.00 $
Vision Voluntary Voluntary
EAP $1.27 $ 13,335
Specific Stop Loss $33.29 $ 349,545
Aggregate Stop Loss $4.51 $ 47,355
Basic Life Insurance rate = .009% payroll volume $ 92,594
Basic AD&D rate = .003% payroll volume $ 30,865
Long Term Disability rate = .18% payroll volume $ 77,162
TASC Flexsystem** $ 5.18 $ 20,513 **based on
l~otal Fixed Costs $1 10.36 $1,078,038.80 1 330 Ees
Claims
Medical
Dental
Pharmacy
PEPlVl Annual Expense
r. .~- .
$5,027,400.00
$462,735.00
$1,253,070.00
l~otal Claims $642.21 $6,743,205.00 1
l~otal Proiected Cost $752.57 $7,821,243.80 1
January 10, 2009
Consent Agenda Item No. 2k
Health Plan Expenditures
January 1, 2010 - December 31, 2010
To: Glenn Brown, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion on approving total
health plan expenditures for the period of January 1, 2010 through December 31,
2010. The projected amount for both the renewals and total projected expenditures
is $7,821,243.80.
Recommendation(s): Staff recommends approval of 2010 health plan expenditures.
Summary: The Blue Cross and Blue Shield medical and dental and Deer Oaks
employee assistance plan 2010 renewals are the second renewal of the original
contract and there is one additional option to renew under the original contract. The
long term disability coverage under Standard Insurance Company renews annually.
The City's health plan includes:
Blue Cross and Blue Shield - Medical/Dental/Stop Loss Coverage;
CVS Caremark - Prescription Drug Coverage;
Minnesota Life - Basic Life Insurance and Accidental death and
dismemberment;
Standard Insurance Company - Long-term Disability;
= Deer Oaks - Employee Assistance Program;
Total Administrative Services Corp - Flexible Spending Account
Administration; and
United Health Care - Vision Plan
BlueCross/BlueShield requested a renewal increase for the Specific and Aggregate
Stop Loss contracts of approximately lgO/o. However, BlueCross/BlueShield
requested no increase to the medical and dental administration fees. Standard
Insurance Company also requested no increase to the long term disability fee.
The City's Prescription Drug Coverage, Basic Life/AD&D, EAP, and Vision programs
are currently under a rate guarantee period and therefore will renew at the existing
rate structure.
The 2010 plan year projected costs are based on a monthly average of 875
employees on the plan. This represents a cost to the City of approximately $ 752.57
per employee per month.
Budget and Financial Summary: Funds are available and budgeted in the
employee benefits fund.
Attachments:
1. Consultant Recommendation Letter
2. 2010 Cost Projections
kls. AI~SOII 1'c>11cI
I-luma11 Resource Ilircc:~or
Clily 01' C'ollqt: St:llio~l
1 1 0 1 'I'I:K~Is Avcoue
College Sttilio~l, TX 77824
/4s you^. Brokcr ol'I<ccol.tl, \ve \\loultl lilte lo ~~roviclc yoi~ \\:itl~ all csl~lol~ntioi~ of Ilic ge~ler~~l slalc of
[I-~e mtultcll~lace for liealtll al~d \,\le11211.e I)lLogrnnis a~itl ho\v they relale 10 Il~c City ol' Colle[.e
Station. C)\~cralI finm a niltiol~al ])erspecli\le, employers ;Ire unfbrlunnlely expcclctl to see :~nolller
i~ic.rease in tllcir 111eiIica1 benel.it exl)enclil~i~.es. Tl~e prqjeclecl nntional average cost of pi.ovicling
medical be~~elils per eml~loyee per year for 2010 is projected to inc~.ense 7%; ailcl (lie alterage
annual 1x1.-cmployec spencl will Ibr [lie Iisl ti111e cross the $10,000 marl<. Xluril~g [lie ~uost ~.ccenL
12 monlli periocl, tllc City of College Station's benefits cost per eniployee per year lins bcen $7,816
(Meclical, Tlental, & RS) \vhich is still well below the national average ofPn'8,945.
It is impo~.tant lo note tl~at the C5ly has a self-fi111t1ed ~iieclicnl plan 211icl it is macle up of tllrce ~ilc~jos
coinpo~~cnts. r17hese incl~lde acln~inisl~,ative fees: re-insurance l;renlium (stop-loss), ancl act~.~al
cloin~s. For 201.0 McC;i~ifl'~\~ns able Lo negotii~le a IlaL or 0% iricresisc on both [he medicnl nncl
clentnl ntlininisl~.ation .fees.
'I':~.oln a re-insui.:uice 01. slnj~-loss persl~ec~ive, he marltet Ilns esl,e~.ici~cccl n Ligl.i~ening ni~tl
hal-tlc~ii~~~ of ~xles cl111,ing the lnlter l~alr 01'2000 a~icl illto 2010. tInn~1:11 slop loss rene\.vals I~n\le
commonly ~.e~~e\vetl bet\\/een 10'% /oantl 25?4. 20 I0 ~~enewals arc ~.anging betwccll 10%) ancl 50%.
Also? intuiy reins\llnnce ma1.ltets are clioosi~lp Lo clecline ant1 not ijt~ole clue to poor risli Saclors nntl
uncurnl~elilive rates. 'l'he cll.ivi~ig force bel~incl iuc~,casiog stop loss ot.crnil1111 is the prolongcil
recession. levcrngeil t~.encl, ivliich is clue lo inl'lzltionarp inci.eases in ~~letlical tech~~olog):, atl\ri~~ic(-:tl
~~'~:)cecl~r~~es.. aiicl Ini.ge cl;~ims. II~irill;.~ th~ st I2 1~1011111s 13C.'/1.3S l1;is \>:lid $627,342 ill stall-loss
rejn.tburse~ncn[s aid has colleciocl all cs~i~narecl .$325,i,157 in preniiu~u, equaling a loss ~(io ol'
192.76'X,. 'l'hc~.cli,rc, tluc lo llie c:til.l.etll lligli claim:;, BC'/RS \\i:is tht: only ~,ei~~s\irnnci cnr~.icl. Ihnl
olli:reel r.1 quole li)r 201 0, anil il ~.cl'lcc[ccl n %O'% ralc inci,easc. i\levc~~lhclcss, llle ~.euc:\\;nl co~ilcl
II~ITT bcc11 rn\lcl~ \\iurst: c.1~~ to the poo~. csl>crienc:e.
, - 1 lic thil.cl componenl oCsclfl~li~~icli~~j; is thc act\~;ll clai~ii Iiahili~y. 'I'his is the C'ily's largest cspel~sc
ancl ::~,eatcsl esl)osui.e. I')urir~:; Ihe mosc recent I:?.-mo1iL11 pe~.iotl, the C:ily':; acll~nl 1)ait:l metlicnl
cl:lims were S.5,036,10 l ; Ilo\vever, CIS ~xc\!iously rncnlio~letl, ~.ci~~sti~.ailce pnicl oul $627,?4:!
bi.ingilig the City's told cleini liability clown to $:\:40S,75!) or $5,138.41 pel c~nployce pe:lIc.
111 SUIY~III~I-~, IIIC fixed cosls (nclri~inisi,~.ati\~e fcss ant1 re-insul'atlce) pre~niui,ls cor~lbinetl i~~c~.eesetl
8.3596 or $89 1 .3G ]>el. clnl~loyee 1x1. yenlm. Ilur: to Ille circ~n~~slallccs anti Iiigll cluims espel*ieiicc \ye
l:)elie\w [hat n\:erall rhc: 201 0 veile\v:~l is \\;ell \\!ill~i~l noln~s~li\:c Iwlpe or lo\vel. t11:ln gencsnl 111nrlter
cnuclitio~i:;.
We believe Ih:~r tl.1~ ~.ccoinrnentlccl llealtll :incl \\!elfarc ~.i:l~e\.vals are the 111i!sI benefic.ial RIICI CUSI
c'l'fectii~e ol>Lio~ls 1;)i. lllc City of Collegc S1:ilion. I\:lcCil.iff ap]>rccinles the o~~jiol.tu~lit)' lo cooli~~ue
\pvo~.ltii~g ~vitll Il~e City OF College Sta~ii?~~ on !lie hcalrh o~cl \-\lelI!;lse 1:~rograins. If you shotlltl have
ill\!' cl~lestiolls please (lo not I~csili~le to call.
Executive Summary
Projected Program Costs for Claims and Administrative Fees
01 -01 -201 0 to 12-31 -201 0
Average Monthly Employees on Health Plan 875
Administration PEPM Annual Expense
Medical (including wellness) $38.82 $ 407,610
Dental $3.72 $ 39,060
Pharmacy $0.00 $
Vision Voluntary Voluntary
EAP $1.27 $ 13,335
Specific Stop Loss $33.29 $ 349,545
Aggregate Stop Loss $4.51 $ 47,355
Basic Life Insurance rate = .009% payroll volume $ 92,594
Basic AD&D rate = .003% payroll volume $ 30,865
Long Term Disability rate = .18% payroll volume $ 77,162
TASC Flexsystem** $ 5.18 $ 20,511 3 **based on
Total Fixed Costs $1 10.36 $1,078,038.80 1 330 Ees
Claims PEPM Annual Expense
Medical
Dental
Pharmacy
(~otal Claims $642.21 $6.743.205.00 1
December 10, 2009
Consent Agenda Item No. 2L
University Drive Beautification Project
Construction Contract
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
approving a construction contract (Contract No. 10-049) with The Ground Crew, LLC for the
amount of $246,739.29 for the construction of the University Drive Beautification Project.
Recommendation(s): Staff recommends Council approval of the resolution and award
of the construction contract to The Ground Crew, LLC.
Summary: University Drive Beautification Project (ST-0515) is part of the proposed Tree
Beautification Program along the State Highway 6 Corridor. Due to favorable bids, the
scope of this proiect is being expanded to provide approximatelv 500 trees in the four
quadrants of the SH 6 and Universitv Drive interchanqe. The project includes the
installation of irrigation in all four quadrants with pipeline borings under University Drive
and the main lanes of State Highway 6 and the northbound frontage road, and grading for
the preparation of landscape planters and other hardscape elements, which will be installed
during Phase I1 of this project.
Budget & Financial Summary: Six (6) competitive bids were produced in response to
Bid No. 10-11. The Ground Crew, LLC was the low bid at $246,739.29, which includes two
alternate bid items. Alternative bid items 1 and 2 were accepted as these additional scope
items can be completed within the project budget. Alternative bid items 3 and 4 were not
accepted, since funds were not available in the project budget. A description of the
alternative bid items is listed on the attached bid tabulation.
Funds have been budgeted in the amount of $324,000 from the Streets Capital
Improvement Projects Fund. An additional $50,000 is budgeted in the Electric Utility
Operating Fund. Funds in the amount of $67,549.37 have been expended or committed to
date in the Streets Capital Projects Fund, leaving a balance of $256,450.63 for the
construction of this project and other expenditures. No funds have been expended or
committed to date from the Electric portion.
Attachments: 1.) Resolution
2.) Bid Tabulation
3.) Project Location Map
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE UNIVERSITY
DRIVE BEAUTIFICATION PROJECT (ST-0515) AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
University Drive Beautification Project; and
WHEREAS, the selection of The Ground Crew, LLC is being recommended as the lowest
responsible bidder for the construction services related to the University Drive Beautilication
project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that The Ground Crew, LLC is thc
lowest responsible bidder.
PART 2: That the City Council hereby approves the contract with The Ground
Crew, LLC for $246,739.29 for the labor, materials and equipment
required for the improvements related the University Drive Beautification
Project.
PART 3: That the funding for this Contract shall be as budgeted Irom the Streets
Capital Improvement Projects Fund, in the amount of $196,739.29 and
Electric Operating Fund in the amount of $50,000.00.
PART 4: That this resol~~tion shall Lake effect inmediately fsom and afier its passage.
ADOPTED this 10 day of December, A.D. 2009.
ATTEST: APPROVED:
City Secretary
APPROVED: >. .?
MAYOR
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City of College Stah :chasing Division
Bid Tabulatb,.. .or #lo-1 1
"Universily Drive Brautificatio~~ P1.ojectV
Open Date: Monday. November 23,2009 @! 2:00 p.m.
ITEM
ALTERNATE
24-A
25-4
26-A
LON CATHEDRAL LIVE OAK TO 45 GALLON
I - 7-1
3 1-4
QTY
The Ground Crew LLC
(College Stntion. M)
59405
32-A
NOTES:
Dndlev Cunstrucl~on Lid
nB~dder rounded sei~eral torals In the~r h~d Tlie lolais h~ghllgliled In yellow are correct
\'NIT UESC RIPTION UNIT PRICE
ALTERNA I'E 1 TOTAL
ALTERNATE 2 - L4NDSCAPINGIIHRIGATlON Q114D 3
86
33-A 1 367 1 L.F. MAKERS
34-A 1 427 1 L.F. 12 ELECTRICAL CONDUIT IN CASING WEND CAP
.ALTEllNATE 4 TOTAL
i-,."tifi"~ti,," ,,l'Kicl
Page 2 of 2
TOTAL
PRICE
Kieschniek General
Contractors
(Colleee Sinbon, TX)
$1 1,003 85
.ALTERN.-\TE 3A TOTAL/ $11,003.85 1 $17.550.00
55
UNIT PRICE
1 - LANDSCAPINGIIRRICATION QII AD 2
TREES BED EXCAVATION BED PREPERATION INSTALL
TIEDOWNS
SHRUBS BED EXCAVATION BED PREPARATION INSTALL
IRRIGATION SYSTEM LINES DRIP SYSTEMS VALVES ETC
TREE TRIMMING TRlM BOTTOM BRANCHES OF EXISTING
TREES TO 8-FOOT HEIGHT -
27-A
38-A
19-A
S16.146.00
I
EA.
I $8,200.96 I 512,900.00 I $l4,l!J0.0ll
$36 691 513.465 23
$5 12 1 $2.18b.24
$15,651 .47
J
JaCody, Inc.
(Colleze Stdnon, TXI
TOTAL
PRICE
171
1
1
$11848
$14 979 25
$202 0b
ALTERNATE 2 TOTAL
ALTERNATE 3A - TREE UPSlZlNG QUAD I & 4
$150 00
$1 1.162.97
I
ALTERNATE 38 -THEE UPSlZlNG QU.AD 2
I I I I I I I I I I r
$11),305.00
91 1.868.00
I
$20.898.00
EA.
Brztloa Pnv~og, Inc.
UNIT PRICE
$21,97008
$14,97925
$20206
106
1
1
$28.43 1.00
UPSIZE 30 GALLON CATHEDRAL LIVE OAK TO 45 GALLON
Pd7.628.20
I
ALTERNhTE 3C - TREE UPSlZlNG QUAD 3
I I I I I I I I 7-r
$7,590.00
I
.ALTEHN.ATE 3~ TOTAL( $5,398.25
$50.00 1 $18,350 00
$5 00 1 $2.135 00
$20,485.00
J
TOT.4L
PRICE
EA
EA
L S
$15000
$5,750 00
%I00000
EA
EA
L 5
$17.550 00
UPSIZE 30 GALLON CATHEDRAL LIVE OAK TO 45 GALLON
$5,209.60
I
ALTERNATE 4 - ELECTRICAL
I I (ELECTRICAL BORE WI~ STL. CASING. END SEALS AND I I I I I 177-
$9,075.00 $8,250.00
Blazos Valley Services
TREES BED EXCAVATION BED PREPERATION INSTALL
TIEDOWNS
SHRUBS BED EXCAVATION BED PREPARATION INSTALL
IRRIGATION SYSTEM LINES DRIP SYSTEM VALVES ETC
TREE TRIMMING TRlM BOTTOM BRANCHES OF EXISTING
TREES TO 8-FOOT HEIGHT
$25,65000
$5 750 00
$1 00000
$37.151.39
$95 36
513,365.00
$40 00 1 $I4.ti80.00
$4 00 1 $1.708.00
$1 6.388.00
J
Uudlry Conat~ uct~on Ltti.
(B~ynn, TX)
%I6500
$8,657 00
$85300
$12532
$1 1,187 89
$202 6 l
$165 00
$98 15
U~ICE
$16800
$8,700 00
$216 00
$2821500
$8 657 00
4853 00
$13,28392
$1 1.1 83 89
$203 61
$32,400.00
$8.200 96
$GIGO 1 $22.607.20
$5.25 1 $2,241 75
$24.848.95
J
$24,670.42
$I5000
$5,000 00
51,000 00
Sl9.305 00
$5.398 25
TOTAL
PRICE
$28,72800
$8.700 00
$210 00
$37,725.00
$15,90000
%5,000 00
%1.000 00
$150 00
$20 00 1 $7,340 00
$3 00 1 $1.281.00
$8,62 1.00
J
$I6500
$5 7 10 00
$800 00
$21,900.00
%143.00
$150.00
$34 60 1 $12,698.20
$4.20 I sl.819 02
$I 4.517.22
J
UNIT PRICE
$1749000
$5 71 0 00
$80000
$37,644.00
$11,90000
$24,000.00
$16800
$5,620 00
$21600
$18.431 00
$8,25000
TOTAL
PRICE
$17,80800
$5 620 00
$21 6 00
$30,371.U0
$165 00
$23,644.00
$141 00
$4,620 00
$915 00
$38,UI 7.55
$138 00
$165 00
UNIT PRICE
$14100
$5.335 00
$925 00
$14,94600
$4,610 00
$935 00
$18605
$5 3 10 00
$1 57 00
514.19000
TOTAL
PRICE
$24II100
$5335 00
$925 00
$18605
$6.016 00
$187 00
$20,49 1 .00
$la721 70
$5,210 00
$187 00
E16.146 00
$9,075 00
%3181455
S6.016 00
5187 00
S25,IIR 30
$243 00
$95 41
$243.00
SI 1.16297
$30,898 00
$13,365 UIJ
$138 00
$138 00
$1 1,868 00
$7,590 00
$88 70 17,625 10
$94.72 $5,209 60
December 10, 2009
Consent Agenda Item No. 2m
Real Estate Contract for Right of Way and Easement
Barron Road Widening Project
To : Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion for the approval of a Real
Estate Contract with JILL MARY DUNLAP, as Independent Executrix of the ESTATE OF
WAYNE ALAN DLINLAP, deceased and as Trustee of THE DUNLAP FAMILY TRUST, created
under the Will of Wayne Alan Dunlap, deceased, BEVERLY 3. FURRER, PATRICIA 3. VOGEL
and THOMAS L. BROWN, JR., ("SELLERS") for a 26 foot variable width strip of right of way
and a 10 foot wide public utility easement needed to widen Barron Road. The purchase
price for the property is $85,351.00. Closing costs, title insurance and incidentals will not
exceed $3,000.00.
Recommendation(s): Staff recommends approval of the Real Estate Contract.
Summary: The attached Real Estate Contract is for the purchase of right of way and
easement needed to widen Barron Road, from WD Fitch Parkway (SH 40), east to Decatur
Drive. The roadway will be widened from two lanes with open ditch drainage to four lanes
with a raised median, underground drainage and sidewalks. The project is currently in
design and expected to be in construction by this coming summer.
Budget & Financial Summary: The current budget for the Barron Road Widening Land
Acquisition project (ST0006) is $431,000. Funds in the amount of $346,191 have been
expended or committed to date, leaving a balance of $84,809. This land purchase will bring
the project slightly over budget. In addition, it is anticipated that funds of approximately
$50,000 will be needed for the remaining land purchases. It is proposed that this additional
budget be transferred from the Barron Road Design and Rehabilitation Phase I project
(ST0409). This project is expected to come in under budget.
Attachments:
1.) Project Map
2.) Property Location Map
3.) Real Estate Contract is located in the City Secretary's Office.
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
PgenctlCaptbn: Presentation, possible action, and discussion regarding a resolution
designating the request for Construction Manager at Risk (CMAR) as an alternative delivery
method for the Larry J. Ringer Library Expansion (GG1010).
Fs): Staff recommends approval of the resolution
w This item provides for the use of CMAR for the expansion of the Larry J.
Ringer Library (GG1010). CMAR is a process that allows the City to choose the Contractor
or Construction Manager (CM) before the design is complete. The City chooses a CM based
on qualifications and similar prior project experience. The CM will work with an Architect in
order to develop an acceptable design that is agreed upon by all stakeholders and a
guaranteed maximum construction price. Advantages of this method are that the CM
coordinates all subcontract work, all costs and fees are known, and there is close
coordination between the City, Architect, and Construction Manager to ensure that the
construction is completed within the project budget.
Bdget&FnancialSLnnrry: The total project budget (design, construction, staff time,
material testing, etc) for the Larry J. Ringer Library Expansion Project (GG1010) is
$8,385,000.
1. Resolution
2. Project Location Map
RESOLUTION NO.
A FUZSOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DETERMINING THAT THE CONSTRUCTION MANAGER AT-RISK
PROCUREMENT METHOD PROVIDES FOR THE BEST VALUE TO THE CITY OF
COLLEGE STATION FOR THE RENOVATION AND EXPANSION OF THE LARRY J.
RINGER LIBRARY EXPANSION PROJECT AND AUTHORIZING THE USE OF THIS
PROCUREMENT METHOD IN ACCORDANCE WITH SECTION 271.114(A) OF THE
TEXAS LOCAL GOVERNMENT CODE.
WEIEREAS, the City Council of the City of College Station, Texas, has determined a need to
renovate and expand the Lal-ry J. Ringer Library; and
WHEREAS, the City has considered using a procurement method specified by Texas Local
Goveinment Code Section 271.113(a) other than competitive bidding; and
WHEREAS, the City Council has determined that the method which provides the best value for
the City for the Renovation and Expansion of the Larry J. Ringer Library Project is the
Construction Manager At-Risk method as permitted by Texas Local Government Code Section
27 1 .113(a)(4); now, therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council hereby finds that the use of the Construction Manager-at-
Risk method provides the best value to the City for the Renovation and Expansion
of the Larry J. Ringer Library Project.
PART 2: That the City Council hereby authorizes the use of the Construction Manager-at-
Risk method as the procurement method for the Renovation and Expansion to the
Lai~y J. Ringer Library Project and directs staff to take any and all reasonable
measures to implement same.
PART 3: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 20-.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
Larry J. Ringer Library
Project Location Map
December 10, 2009
Consent Agenda Item No. 20
Raymond Stotzer West Utility Extension
Professional Services Contract
To : Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion concerning a resolution
awarding the professional services contract (Contract No. 10-067) with HDRl Claunch &
Miller in the amount not to exceed $778,725.00 for engineering design services for the
Raymond Stotzer West project.
Recommendation(s): Staff recommends Council approval of the resolution and award
of the professional services contract to HDRJClaunch & Miller for the final design of the
Raymond Stotzer West project.
Summary: The Raymond Stotzer West project consists of the design of water lines,
gravity sanitary sewers, a wastewater lift station, and a wastewater force main. The project
will provide water and wastewater utility service to an area along Raymond Stotzer West
from FM 2818 to SH 47, which was annexed by the City in 1995. The City contracted with
HDR in April 2009 to prepare a preliminary engineering report that included a route analysis
of the proposed water, sewer, and force main utilities, as well as initial sizing and location of
a wastewater lift station to convey flows to the existing wastewater collection system. This
design contract will provide detailed design and bid documents for construction of the
improvements identified in the route study from FM 2818 to SH 47.
Budget & Financial Summary: Funds are budgeted and available for this project in the
Water and Wastewater Capital Improvement Projects Funds.
Attachments: 1.) Resolution
2.) Project Location Map
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, SELECTING A PROFESSIONAL CONTRACTOR, APPROVING A
PROFESSIONAL SERVICES CONTRACT AND AUTHORIZING THE EXPENDITURE
OF FUNDS FOR THE RAYMOND STOTZER WEST PROJECT.
WHEREAS, the City of College Station, Texas, solicited proposals for the engineering services;
and
WHEREAS, the selection of HDR Engineering, Inc., a Nebraslta Cosporation is being
recommended as the most highly qualified provider of the engineering services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that HDR Engineering, Inc., a Nebraslta
Coiporation is the most highly qualified provider of the services for the Raymond
Stotzer West Project on the basis of demonstrated competence and qualifications.
PART 2: That the City Council hereby approves the contract with HDR Engineering, Inc., a
Nebraslta Col*poration for an amount not to exceed $778,725.00 for the engineering
services related to the Raymond Stotzer West Project.
PART 3: That the funding for this Contract shall be as budgeted from the Utility Revenue
Bond, Water Division in the amount of $186,894.00; and Utility Revenue Bond,
Wastewater Division in the amount of $ 591,83 1.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this 10 day of December, A.D. 2009.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
I
City Attorney !
December 10, 2009
Consent Agenda Item No. 2p
Construction Contract #lo-037 for Replacement Construction Improvements in
Windwood Park
To: Glenn Brown, City Manager
From: David Schmitz, Assistant Director, Parks and Recreation
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
awarding the bid and approval of a construction contract (Contract IVumber #lo-037) with
Wade Contractors, Inc. in the amount of $71,073 for replacement construction
improvements in Windwood Park.
Recommendation(s): Staff recommends approval of the resolution and award of the
construction contract with Wade Contractors, Inc., for replacement construction
improvements in Windwood Park, in the amount of $71,073 and sixty (60) construction
days.
Summary: The proposed replacement improvements in Windwood Park include a
playground, swings, site furnishings, and a fence.
Budget & Financial Summary: Six (6) sealed, competitive bids were received and
opened on November 11, 2009. The bid summary is attached. Funds are available and
budgeted in the Zone 4 Park Land Dedication Fund.
Attachments:
1) Resolution
2) Bid Number 10-07 Tabulation
3) Site Plan
4) Construction Contract 10-037
(This contract will be available in the City Secretary's Office)
RESOLUTION NO.
A faESQLUTION OF Tm CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTIPACT FOR THE WINDWOOD
PARK IMPROVEMENTS PROJECT AND AUTHORIZING THE EWPENDITUFtE OF
FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
Windwood Park Improvements Project; and
WHEREAS, the selection of Wade Contractors, Inc. is being recommended as the lowest
responsible bidder for the conshuction services related to the Windwood Park Improvements
Project; now, therefore,
BE IT RESOLVED BY TEIE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PhRT 1: That the City Council hereby finds that Wade Contractors, Inc. is the
lowest responsible bidder.
PART2: That the City Council hereby approves the contract with Wade
Contractors, Inc., for $71,073.00 and sixty (60) construction days for the
labor, materials and equipment required for the improvements related to
the Windwood Park Improvements Project.
PART 3: That the funding for this Contract shall be as budgeted from the Park Zone
4 Fund in the amount of $71,073.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 20-.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attollley
City of College Station - Purchasing Department
Bid Tabulation for #lo-07
"Windwood Park Improvements"
Open Date: Wednesday, November 11 2009 @ 2:00 p.m.
5
6
7
IAddendums Acknowledged (4) 1 1 I 4 1 4 I 1 1 4 I 4
. . - . - . . . . . . -
Lot
Lot
Lot
I I Lot 188' Iron Fencing Along East S!<l< of P.II~.
TOTAL BASE BII) WITH ALTERNATE
Bid Certlfic;~tion
Bid Bond
TOTAL BASE BID
Rcp;~~r sunken br~ck powrs, plrssutc w.!sh. ;mcl SI~II\ \rued ~l<ck.: iand signs
? BBQ Cirllls lns~alled
? Trash Cans l~lstalled
$67,353.00
$3,720 001 $3,720.00
$71,073.U0
YES
YES
$809 00
$362.00
$920 00
$3.500 001 $3.500.00
$83,451 .00
YES
YES
$4,200 001 $4,200.00
$80,350.00
NO
YES
$76,150.00
$809.00
$365.00
$920.00
$6,670 001 $6,670.00
$85,584.00
YES
YES
, $79,951.00
$1,250 00
$I,lUO 00
$1.400.00
$4.250 00) $4.250.00
S87,25U.UU
YES
YES
978.9 14.00
$4,377 001 $4.377.00
$93.277.00
YES
YES
$1,250.00
8:l.lOO.OO
$1.400 00
SB3~000.00
$2.064 00
$530 00
$700 00
.88Xq900.00
$2,06400
$530 00
$700 00
k1.080.00
%1.14l.00
%1.918.00
$1 ,080 00
$1.141 00
$1,918 00
$?.500.00
$900.00
S?,000 00
$2.500 00
$900 00
$2,000 00
$l,000,0IJ
'A'S00 00
%1,200 00
$1.000 OU
$500 OU
%I ,200 00
December 10, 2009
Consent Agenda Item No. 2q
Well No. 8 Collection Line (WF1097967) and - Parallel Wellfield Collection Line (WF0352553) and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
To : Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract with Garney Companies, Inc., in the amount of $3,592,544, for the construction of
the Well IVo. 8 Collection Line and the Parallel Wellfield Collection Line and approval of a
resolution declaring intention to reimburse certain expenditures with proceeds from debt.
Recommendation(s): - Staff recommends approval of this construction contract and
recommends approval of the resolution declaring intention to reimburse certain
expenditures with proceeds from debt.
Summary: The scope of this project is to construct the Well 8 Collection Line (W8CL) and
the Parallel Wellfield Collection Line (PWCL). The W8CL includes the construction of 10 linear
feet of 16-inch discharge line, 7,940 linear feet of 30-inch collection line, and associated
connections. The PWCL includes the construction of 288 linear feet of 16-inch discharge
pipe, 4,870 linear feet of 42-inch collection line, 3,354 linear feet of 48-inch collection line,
and associated connections and fiber optic cable. The two projects were bid as one project
in order to obtain more competitive bids. With the projected construction budget of
$3,592,544, Garney Construction Companies, Inc. was selected to construct the project
because they were the lowest responsible bidder in response to the city's solicitation of bids.
Budget 81 Financial Summary: Eleven (11) competitive bids were produced in response
to Bid No. 10-04. Funds in the amount of $3,000,000 are currently budgeted for the W8CL
project in the Water Capital Improvement Projects Fund. Funds in the amount of $330,058
have been expended or committed to date, leaving a balance of $2,669,942 for the W8CL
portion of this contract and future W8CL expenses. The W8CL portion of this contract is
$1,434,391. Funds in the amount of $5,081,362 are currently budgeted for the PWCL
project in the Water Capital Improvement Projects Fund. Funds in the amount of $498,866
have been expended or committed to date, leaving a balance of $4,582,496 for the PWCL
portion of this contract and future PWCL expenses. The PWCL portion of this contract is
$2,158,153. The "Resolution Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt" is necessary for this item because a portion of the long term debt has
not been issued for the project. The debt for the project is scheduled to be issued later this
fiscal year.
Attachments:
1.) Resolution
2.) Project Location Map
3.) Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds
from Debt
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, SELECTING A CONSTRUCTION CONTRACTOR, APPROVING A
CONSTRUCTION CONTRACT AND AUTHORIZING THE EXPENDITURE OF
FUNDS FOR THE WELL NO. 8 COLLECTION LINE AND PARALLEL WELLFIELD
COLLECTION LINE PROJECT.
WHEREAS, the City of College Station, Texas, solicited proposals for the construction of the
Well No. 8 Collection Line and the Parallel Welliield Collection Line; and
WHEREAS, the selection of Garney Companies, Inc. is being recommended as the lowest
responsible bidder; now, therefore,
BE IT RESOLVED BY ?'HE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS :
PART 1: That the City Council hereby finds that Garney Companies, Inc. is the lowest
responsible bidder
PART 2: 'That the City Council hereby approves the contract with Garney Companies, Inc. for
an amount not to exceed $3,592,544 for the labor, materials and equipment required
for the improvements related to the Well ]\To. 8 Collection Line and the Parallel
Wellfield Collection Line Project.
PART 3: That the funding for this Contract shall be as budgeted fiom the Water Capital
In~provelnent Projects Fund in the amount of $3,592,544.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2009.
ATTEST: APPROVED:
City Secretary MAYOR
PARALLEL WELL FIELD COLLECTION LlNE
AND
WELL 8 COLLECTION LlNE
4
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RESOLLTTION NO.
RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH
PROCEEDS FROM DEBT
WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and
political subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning,
acquisition and construction of the projects described on Exhlbit "A" hereto (collectively, the "Project")
prior to the issuance of obligations by the City in connection with thc financing of the Project from
available funds;
WHEREAS, the City fmds, considers, and declares that the reimbursement of the City for the
payment of such expenditures will be appropriate and consistent with the lahl objectives of the City
and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the
Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance
the Project;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS THAT:
Section 1. The City reasonably expects it will incur debt, as one or more series of obligations,
with an aggregate maximum principal amount not to exceed $2,500,000, for the purpose of paying the
aggregate costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenhtures. No tax-
exempt obligations will be issued by the City in furtherance of this Statement after a date which is later
than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the
property, with respcct to which such expenditures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to
thls Statement more than three years after the date any expenditure which is to be reimbursed is paid.
PASSED AND APPROVED THIS 10th DAY OF DECEMBER, 2009
ATTEST
Connie Hooks, City Secretary
Ben White, Mayor
APPROVED :
Exhibit "A"
The projects to be financed that are the subject of this Statement are:
Parallel Wellfield Collection Line
December 10, 2009
Consent Agenda Item No. 2r
Annual Contract for Gasoline and Diesel Fuel
Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on approving the award
of an annual contract for gasoline and diesel fuel (Contract #lo-054) to Brenco Marketing
Corp. (Bryan, TX) for the amount of $1,014,815.00.
Recommendation(s): Staff recommends award of the contract to the bidder offering
the best value, Brenco Marketing Corp. with annual estimated expenditures totaling
$1,014,815.00.
Summary: Texas A&M University formally solicited bids for gasoline and diesel fuel for
itself and on behalf of several local agencies including: City of College Station, City of Bryan,
Brazos County, Bryan ISD and College Station ISD. Four (4) sealed bids were received and
opened on July 20, 2009. Please see the attached bid tabulation for further details.
Brenco Marketing Corporation's bid offers the best value meeting specifications. Martin
Eagle Oil Company, Inc. (Denton, TX) bid the lowest unit price per gallon for gasoline and
diesel fuel; however, City fuel requirements and purchasing trends indicate less than full
transport truck delivery is necessary and Martin Eagle Oil Company, Inc. bid an additional
$100 fee per order or drop site for such deliveries. Brenco Marketing Corp. is better
equipped to service the City's account as it relates to their proximity and equipment as they
currently service our area with six (6) fuel trucks and one (1) bobtail. The City's current
and past experience with doing business with Brenco Marketing Corp., as it relates to fuel
delivery service and their ability to meet their contractual obligations, has been excellent.
The current fuel contract with Brenco Marketing Corp. is scheduled to expire on December
19, 2009.
Fuel is placed in inventory and is available at two (2) locations: Public Works Fleet
Operations and Public Utilities Warehouse.
Budget & Financial Summary: Funds are available and budgeted in each fund.
Expenses are charged to the appropriate fundldepartment as fuel is used.
Attachments: Tabulation for TAMU Bid No. 09-0026
City of College Station Contract
Joint Bid hosted by TAMU #09-0026
7-17-09 Bid Tabulation
Annual Fuel Contract for the City of Bryan Participating Entities
Page 1 of 3
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Addendum #I-Acknowledged as Required (YIN)
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HUB Submittals (YIN)
Felony Conviction Submittal (YIN)
Prompt Payment Discount (YIN) 1% Discount:
Certification of Bid Package (YIN)
References Provided
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Joint Bid hosted by TAMU #09-0026
7-17-09 Bid Tabulation No.
Annual Fuel Contract for the City of Bryan Participating Entities
Page 2 of 3
Joint Bid hosted by TAMU #09-0026
7-17-09 Bid Tabulation
Annual Fuel Contract for the City of Bryan Participating Entities
Rack Fax Sheet was pulled at different times, therefore the price
was different. Purchasing changed the OPlS Rack Fax price to
match across the board prior to evaluation.
Minimum transport load in US Gallons
A) OPlS ($/Gallon As of 6/30/04)
6) Profit ($/Gallon)
C) Total Unit Price ($/Gallon)
Martin Eagle
Gold Star
Brenco
4000-69999
1.9453
-0.1000
1.8453
Unacceptable rnin. gallons on #2, 3, 4, 6 and 8. There is a charge of
$1 00.00 per order or drop site for less than 3999 gross gallons.
Will not deliver loads of less than 4000 gallons of any bio-blend
Contacted vendor and they would place two trucks in the area to
service account if awarded. They also indicated they would allow
split loads to meet the 3999 gallons. This would require coordination
between different drop sites
Bio-diesel not figured correctly - do not subscribe to Houston OPlS
6,500
1.9453
0.0800
2.0253
The account is currently services with 6 trucks and 1 bobtail
3,000
see bid
0.6820
0.6820
NO BID
December 10, 2009
Consent Agenda Item No. 2s
Annual Contract for Gasoline and Diesel Fuel - BVSWMA
To : Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on approving the award
of an annual contract for gasoline and diesel fuel to Brenco Marketing Corp. (Bryan, TX).
The annual estimated expenditure for gasoline and diesel fuel for BVSWMA is $296,973.00.
Recommendation(s): Staff recommends award of the contract to the bidder offering
the best value, Brenco Marketing Corp. with annual estimated expenditures totaling
$296,973.00.
Summary: Texas A&M University formally solicited bids for gasoline and diesel fuel for
itself and on behalf of several local agencies including: City of College Station, City of Bryan,
Brazos County, Bryan ISD and College Station ISD. BVSWMA's estimated quantities were
also included in the bid. Four (4) sealed bids were received and opened on July 20, 2009.
Please see the attached bid tabulation for further details.
Brenco Marketing Corporation's bid offers the best value meeting specifications. Martin
Eagle Oil Company, Inc. (Denton, TX) bid the lowest unit price per gallon for gasoline and
diesel fuel; however, City fuel requirements and purchasing trends indicate less than full
transport truck delivery is necessary and Martin Eagle Oil Company, Inc. bid an additional
$100 fee per order or drop site for such deliveries. Brenco Marketing Corp, is better
equipped to service BVSWMAfs account as it relates to their proximity and equipment as
they currently service the Bryan/College Station area with six (6) fuel trucks and one (1)
bobtail. Current and past experience with doing business with Brenco Marketing Corp., as it
relates to fuel delivery service and their ability to meet their contractual obligations, has
been excellent. The current fuel contract with Brenco Marketing Corp. is scheduled to
expire on December 19, 2009.
Budget & Financial Summary: Funds are available and budgeted in the Brazos Valley
Solid Waste Management Agency Fund. As the BVSWMA portion of the gasoline and
diesel expenditures is in excess of $50,000, the BVSWMA portion of the
expenditures will require the approval of the Bryan City Council.
Attachments: Tabulation for TAMU Bid No. 09-0026
Contract
Joint Bid hosted by TAMU #09-0026
7-17-09 Bid Tabulation
Annual Fuel Contract for the City of Bryan Participating Entities
Page 1 of 3
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HUB Submittals (YIN)
Felony Conviction Submittal (YIN)
Prompt Payment Discount (YIN) I% Discount:
Certification of Bid Package (YIN)
References Provided
A) OPlS ($/Gallon As of 6130104)
0) Profit ($/Gallon)
C) Total Unit Price ($/Gallon)
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~;'~;~{~;:;~;:,:.j,~,:-~L:?:.~~;: .... .-... : =. -. -.":.:.. :. .Petrole~m..:j:::('~'G$ELjel~::..: .... :; :r.;.:e.:.::.;;:;;:3;::;: ... ............... ... .......... . ...... .......... : : :. :. .:.;.<;,::;:;. .,:, .; :;> ......
. .......... .::... :;:: .~::~~~~?~~~::: ...... .. :. !::..!; .:! :;.'~~~:~~~~~;{?:~~: .......
............... .... .... , :::.: ........
j;.:,;;? ... .;;: ~~~f~:~~~i~
'...... ..: 7::::: ..; ?: . , : . . : aG ,,-;, :. ................ ~;-;;z;;::.;;o-~;~,:~~i~~;, : ............ I ......... .. ...' ??:.:.:.: .:.: .................... :y :... :.. flehpa~~ : L ...:: .........,.... , .:.. ..I..
. , . : :: "ci:y;:.:t;:: ::--- ..................... .............................. --: ::.!<.~~~::~:XGtji :.: .. .i. ,.<,<:: : .'.-2.:::.
;:;;;:!:.!:; 3:ji~~>~<.+?~~~~~ ...
Y
Y
Y
Y
Y
N
Y
Y
1.9438
0.0400
1.9838
. _L .::
..; ............... ................... ::.
:;:?;,Ti;. ;.:;:::;:' .. :.': ; .;; .... ........ :.'..'.... .-
: '2 : ' : E3glg-:?;.::;;;;;:>ii;;:;::,::: :;;;;:: .............
~;.;:i~~f~+~ :;!:::; ........ . .- :..: .....................
:i:w.gt@tif,g i; ............. -; : ::: . . : - -
,:..; <:,L;;:;..;.-:::; I:..:.: ..... .. I." .:.
;:<;;';.;;:;.;;:;: :::: :; : .:: ........... .:. .......... : ....:.... ; .:.
,~I.;i,~~~~~;;~~,~~~,{;;~~.~i ........
Y
y (B)
N
Minimum transport load in US Gallons
A) OPlS ($/Gallon As of 6/30/04)
B) Profit ($/Gallon)
C) Total Unit Price ($/Gallon)
NO BID 1.9438
Q.0500
1.9938
4OOC-6999
2.0128
0.0400
2.0528
1.9438
0.3932
2.3370
250
2.0128
0.0500
2.0628
250
2.0128
0.3943
2.4071
250
NO BID
Joint Bid hosted by TAMU #09-0026
7-17-09 Bid Tabulation No.
Annual Fuel Contract for the City of Bryan Participating Entities
Page 2 of 3
Joint Bid hosted by TAMU #09-0026
7-17-09 Bid Tabulation
Annual Fuel Contract for the City of Bryan Participating Entities
Deviat ionsf
Minimum transport load in US Gallons
A) OPlS ($/Gallon As of 6130104)
0) Profit ($/Gallon)
C) Total Unit Price ($/Gallon)
Rack Fax Sheet was pulled at different times, therefore the price
was different. Purchasing changed the OPlS Rack Fax price to
match across the board prior to evaluation.
Martin Eagle
4000-69999
1.9453
-0.1000
1.8453
Gold Star
Brenco
Unacceptable min. gallons on #2, 3, 4, 6 and 8. There is a charge of
$100.00 per order or drop site for less than 3999 gross gallons.
Will not deliver loads of less than 4000 gallons of any bio-blend
Contacted vendor and they would place two trucks in the area to
service. account if awarded. They also indicated they would allow
split loads to meet the 3999 gallons. This would require coordination
between different drop sites
6,500
1.9453
0.0800
2.0253
Bio-diesel not figured correctly - do not subscribe to Houston OPlS
The account is currently services with 6 trucks and 1 bobtail
3,000
see bid
0.6820
0.6820
Page 3 of 3
NO BI-D
November 23, 2009
Consent Agenda Item No. 2t
Holleman Extension AFA
To : Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion approving an Advance
Funding Agreement (AFA) between The City of College Station and TxDOT allowing the City
to construct improvements within the FM 2818 right of way related to the Holleman
Extension project.
Recommendation(s): Staff recommends approval of the AFA
Summary: This agreement provides TxDOT's authorization for the City to construct
improvements at the intersection of the proposed Holleman Extension including pavement,
traffic signals and pedestrian elements. The improvements will be constructed and financed
by the City. The City will not be making any payment to TxDOT.
Budget & Financial Summary: Funds in the amount of $998,046 have been appropriated
to date in the Streets Capital Improvement Projects Fund for the Holleman Extension
project. An additional $1,590,565 will be included on a budget amendment which will be
brought to Council in the near future. This will bring the Streets portion of the budget to
$2,588,611. In addition, $164,000 will be included on the budget amendment for the water
component of this project. These funds will be budgeted in the Water Capital Improvement
Projects Fund.
Attachments:
1. Location Map
2. Advance Funding Agreement
Proposed Improvements
CSJ: 2399-01-061
District: 17 (Bwan)
Code Chart 64: 09050 (Citv of Colleqe Station)
Project: CC 2399-1-61
CFDA: None
THE STATE OF 'TEXAS 5
THE COUNTY OF TRAVIS 5
ADVANCE FUNDING AGREEMENT FOR VOLUNTARY
LOCAL GOVERNMENT CONTRIBUTIONS
TO 'TRANSPORTATION IMPROVEMENT
PROJECTS WITH NO REQUIRED MATCH
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the "State", and the Citv of Collese Station,
acting by and through its duly authorized officials, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out,
construct, maintain, and operate a system of streets, roads, and highways that comprise the State
Highway System; and,
WHEREAS, Government Code, Chapter 791, and Transportation Code, 9201.209 and Chapter 221,
authorize the State to contract with municipalities and political subdivisions; and,
WHEREAS, Commission Minute Order Number 11 1634 authorizes the State to undertake and
complete a highway improvement project; and,
WHEREAS, the Local Government is undertaking a municipal project to extend Holleman Drive, a
city operated and maintained facility, hereinafter called the "Local Project"; and,
WHEREAS, a portion of the Local Project will be constructed within the right of way of FM 2818
(Harvey Mitchell Parkway), a state-maintained highway. This work will involve the construction of the
street intersection including pavement, traffic signals and pedestrian elements, hereinafter called the
"Improvements"; and,
WHEREAS, the Local Goverr~ment will fund one hundred percent (1 00%) of the cost to design and
construct the Improvements; and,
WHEREAS, this Agreement is required in order for the Local Government to construct the portion of
the lmprovements within the State's right of way; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of
the State;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State
and the Local Government do agree as follows:
AGREEMENT
Article 1. Time Period Covered
This agreement becomes effective when signed by the last party whose signing makes the
agreement fully executed, and the State and the Local Government will consider it to be in full force
AFA-AFA-VolTIP Page 1 of 8 Revised 09/23/2009
District: I7 (Bryan)
Code Chart 64: 09050 (Citv of Colleae Station)
Project: CC 2399-1 -61
CFDA: None
and effect until the Project described herein has been completed and accepted by all parties or
unless terminated, as hereinafter provided.
Article 2. Project Funding and Work Responsibilities
The State will authorize the performance of only those lmprovements which the Local Government
has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work
Responsibilities, which is attached to and made a part of this contract. It is understood by the Parties
that the lmprovements described in Attachment A, Payment Provision and Work Responsibilities, are
the responsibility of the Local Government and will be carried out and completed by the Local
Government at no cost to the State.
Preliminary Engineering
i. The Local Government will be responsible for the preparation of all the engineering contract
documents required for the construction of the Project.
ii. The Local Government shall prepare the preliminary engineering, specifications and
estimates (PS&E) to be let by the Local Government in accordance with the latest AASHTO
or State standards or the Local Government's standards, as approved by the State. The
Local Government shall submit shop drawings for all materials intended for use on the traffic
signals and related items to the State for the State's approval, prior to fabrication and/or use.
iii. The Local Government shall submit the completed PS&E to the State for review and
approval. The Local Government shall not advertise for the construction contract until the
State has approved the PS&E documents.
iv. The State shall review all plan work and associated documentation in a timely manner
Article 3. Right of Access
The Local Government shall permit the State or its authorized representative to access municipal
owned property to perform any activities required under this Agreement.
Article 4. Adjustments Outside the Project Site
The Local Government will provide for all necessary right-of-way and utility adjustments needed for
performance of the work on sites not owned or to be acquired by the State.
Article 5. Responsibilities of the Parties
The State and the Local Government agree that neither party is an agent, servant, or employee of the
other party and each party agrees it is responsible for its individual acts and deeds as well as the acts
and deeds of its contractors, employees, representatives, and agents.
Article 6. Document and Information Exchange
If requested by the State, the Local Government agrees to electronically deliver to the State any
documents pertaining to the State's right of way including as-built construction plans and utility
adjustments and relocations.
Article 7. Funding
No funds will be provided to the State by the Local Government as part of this Agreement.
Article 8. Inspection and Conduct of Work
The Local Government will be responsible for all work on the Local Project. Unless otherwise
specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the
AFA-AFA-Voll-lP Page 2 of 8 Revised 09/23/2009
District: 17 /BN~>)
Code Chart 64: 09050 (Citv of Colleqe Station)
Project: CC 2399-1 -61
CFDA: None
State will inspect all work performed hereunder that affects the operation and future maintenance of
FM 2818 and provide such engineering inspection and testing services as may be required to ensure
that the Local Project is accomplished in accordance with the approved plans and specifications. All
correspondence and instructions ,from the State will be directed to the Local Government or their
designated representative. Unless otherwise specifically stated in Attachment A to this contract, all
work will be performed in accordance with the Standard Specifications for Construction and
Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated herein by
reference, or special specifications approved by the State.
In addition, the Local Government and its contractors will prosec~~te the work in accordance with the
General Provisions listed in the Attachment A.
Article 9. Increased Costs
Any increased costs related to the Local Project will be paid by the Local Government.
Article 10. Maintenance
Upon completion of the Local Project, the maintenance responsibilities of the parties to this
Agreement will be in accordance with the Municipal Maintenance Agreement or any other applicable
current agreement between the Local Government and the State.
Article 11. Termination
This agreement may be terminated in the following manner:
+ by mutual written agreement and consent of both parties;
+ by either party upon the failure of the other party to fulfill the obligations set forth herein;
+ by the State if it determines that the performance of the Project is not in the best interest of the
State.
Article 12. Notices
All notices to either party by the other required under this agreement shall be delivered personally or
sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being
permitted to the extent permitted by law but or~ly after a separate written consent of the parties),
addressed to such party at the following addresses:
Mr. Glenn Brown
City Manager, City of College Station
P.O. Box 9960
College Station, Texas 77842-9960
Local Government:
Robert A. Appleton, P. E.
Director of Transportation Planning
and Development
Texas Department of Transportation
1 300 North Texas Avenue
Bryan, Texas 77803-2760
State:
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party may change the above address by sending written notice of
the change to the other party. Either party may request in writing that such notices shall be delivered
personally or by certified U.S. mail and such request shall be honored and carried out by the other
party.
Revised 09/23/2009
District: 17 (Brvan)
Code Chart 64: 09050 (City of Colleqe Station)
Project: CC 2399-1 -61
CFDA: None
Article 13. Sole Agreement
In the event the terms of the agreement are in conflict with the provisions of any other existing
agreements between the Local Government and the State, the latest agreement shall take
precedence over the other agreements in matters related to the Project.
Article 14. Successors and Assigns
The State and the Local Government each binds itself, its successors, executors, assigns, and
administrators to the other party to this agreement and to the successors, executors, assigns, and
administrators of such other party in respect to all covenants of this agreement.
Article 15. Amendments
By mutual written consent of the parties, this contract may be amended prior to its expiration.
Article 16. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring
that the single audit report includes the coverage stipulated in OMB Circular A-I 33.
Whenever ARRA funds are used and the Local Government is performing any work, either directly or
through a contractor, it must comply with the following provisions. If a Local Government is receiving
ARRA funds, but is not performing any work, the following provisions apply, if appropriate, and to the
extent necessary to comply with ARRA regulations.
In accordance with Section 902 of the ARRA, should this agreement involve the expenditure of ARRA
funds, then the U.S. Comptroller General and its representatives shall have the authority to:
a. examine any records of the contractor or any of its subcontractors, or any State or local
agency administering such contract, that directly pertain to, and involve transactions relating to
the contract or subcontract; and
b. interview any officer or employee of the contractor or any of its subcontractors, or any State or
local agency administering the contract regarding such contracts.
Nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the
existing authority of the Comptroller General.
In accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded
using covered funds, any representative of an appropriate inspector general appointed under Section
3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized:
a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees,
or any State or local agency administering such contract that pertain to and involve
transactions relating to the contract, subcontract, grant, or subgrant; and
b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency
regarding such transactions.
AFA-AFA-Voll'l P Page 4 of 8 Revised 09/23/2009
CSJ: 2399-01 -061
District: 17(Bryan)
Code Chart 64: 09050 (City of College Station]
Project: CC 2399-1 -61
CFDA: None
Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted
to limit or restrict in any way the existing authority of an inspector general.
The ARRA requires that the Contractor report monthly employment information for its firm as well as
that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in
all of its subcontracts. Failing to include the requirement in agreements with subcontractors can
serve as grounds for contract termination.
Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration
(FHWA), captures the necessary monthly employment information and shall be submitted by the
Contractor on a regular basis to the LG (Local Government). It is the responsibility of the LG to obtain
this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy,
completeness, and reasonableness of the data contained in the form. The LG shall ensure that this
form is submitted by the LG to the State according to the policies and at the direction of the State.
In order to nieet any other FHWA and ARRA reporting requirements, the LG shall provide to the State
all information requested by the State, including data or information in possession of contractors and
subcontractors for completing other necessary reporting forms, and the information shall be submitted
in the manner required and according to all due dates as set by the State.
Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to
examine the records of the contractor, subcontractor, or local agency relating to the project at any
time.
Article 17. lnsurance
If this agreement authorizes the Local Government or its contractor to perform any work on State right
of way, before beginning work the entity performing the work shall provide the State with a fully
executed copy of the State's Form 1560 Certificate of lnsurance verifying the existence of coverage in
the amounts and types specified on the Certificate of lnsurance for all persons and entities working
on State right of way. This coverage shall be maintained until all work on the State right of way is
complete. If coverage is not maintained, all work on State right of way shall cease immediately, and
the State may recover damages and all costs of completing the work.
Article 18. Debarment
The parties are prohibited from making any award at any tier to any party that is debarred or
suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs
under Executive Order 12549, "Debarment and Suspension." By executing this agreement, the
[Contractor, Local Government, Engineer, or whatever] certifies that it is not currently debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs
under Executive Order 12549. The parties to this contract shall require any party to a subcontract or
purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when
requested by the State, to furnish a copy of the certification.
Article 19. Signatory Warranty
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party they represent.
Page 5 of 8 Revised 09/23/2009
District: 17 (Bwan)
Code Chart 64: 09050 (City of Colleqe Station)
Project: CC 2399-1 -61
CFDA: None
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate
counterparts to effectuate this agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating andlor carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
BY Date
District Engineer
THE LOCAL GOVERNMENT
Name of the Local Government Cityof Colleqe Station
BY Date
Typed or Printed Name and Title Ben White. Mavor, Citv of Colleqe Station
ATTEST:
Connie Hooks, City Secretary
Date
APPROVED:
City Manager
A
City ~ttbbe~ ",
Date
Chief Financial Officer
Date
Page 6 of 8 Revised 09/23/2009
CSJ: 2399-01-061
District: 17 (Bryan)
Code Chart 64: 09050 (City of Colleqe Station)
Project: CC 2399-1-61
CFDA: None
ATTACHMENT A
Payment Provision and Work Responsibilities
The Local Government will pay for the cost of constl-ucting the Improvements at the intersection of
Holleman Drive, a city street, and FM 2818 (Harvey Mitchell Parkway), a state-maintained highway.
The Local Government's participation is 100% of the cost of the lmprovements as tabulated below.
Estimated Project Budget
Engineering Phase
Direct State Costs
lnd~rect State Costs
The Local Government's total estimated cost of this work is $2,790,000, including preliminary
engineering, construction items, and construction engineering and contingencies.
AFA-AFA-VolTI P Page 7 of 8 Revised 09/23/2009
District: 17 (Bryan)
Code Chart 64: 09050 (City of Colleqe Station)
Project: CC 2399-1 -61
CFDA: None
General Provisions
1. A trafCic control plan (TCP) is required prior to the start of construction within the State right
of way. This TCP shall be developed in accordance with the Texas Manual on Uniform
Traffic Control Devices (TMUTCD). Any lane closures on the state highway facility shall be
confined to the hours between 8:30 a.m. and 4:30 p.m. unless otherwise approved in writing
by the State.
2. Areas within the state right of way disturbed by construction, including any appurtenances,
sidewalks, drainage structures, etc., shall be restored to a condition equal or better than
existed prior to construction.
3. Any modifications to the existing pavement markings and markers along the state highway
facility must have prior approval from the Bryan Area Enqineer.
4. The Local Government, its contractors or its approved representatives is responsible for
locating all utilities within the state right of way that may be affected by this construction.
Contact with the affected utility companies and utility locators is required.
5. All construction shall be in accordance with the Local Government's / TxDOT's approved
construction plans, standard details and specifications.
6. The contractor shall notify Norman Maurer, TxDOT Brazos County Maintenance, at 979-
778-8054 for handling of any roadway signs in conflict with the proposed construction.
7. Where applicable, ditches shall be graded to drain.
8. Any concrete curb placed within the state right of way and located within 30 feet of the
nearest highway travel lane shall be a mountable curb section.
9. No undercutting of existing asphalt pavement will be allowed.
10. Acceleration lanes, deceleration lanes, sidewalks, pavement markings and markers, etc.
shall be in accordance with plan details. Width of existing roadway travel lanes along the
state highway facility shall remain unchanged.
11. Sidewalk / ramp construction in TxDOT right-of-ways shall be in accordance with TxDOT's
ADA requirements. (See PED-05 Standards.) (Maximum sidewalk cross-slope within a
driveway is 2.096.)
12. No color texturing shall be used for ramps at private or commercial driveways.
13. Highway surfaces shall be kept clean of mud, debris, etc. All sediment control devices shall
be placed and maintained such that erosion within the state right of way is kept to a
minimum.
14. The Local Government or its prime contractor shall contact the TxDOT Brazos Countv
Maintenance Su~ervisor at 979-778-8054 at least 48 hours prior to starting work within the
state right of way.
Page 8 of 8 Revised 0912312009
December 10, 2009
Consent Agenda Item No. 2u
Homeland Security SAFER Program Grant
To : Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action, and discussion regarding the approval to
submit an application to the Department of Homeland Security SAFER Grant Program in the
amount of $1,857,775 to hire 15 firefighters and agreeing to provide the balance of
$1,010,132 to complete the cost of the staffing for year 3 to meet the requirements as set
forth in the SAFER Grant program.
Recommendation(s): Staff recommends approval of the application and acceptance of the
grant if awarded from the Department of Homeland Security and recommends the City
Council to authorize and designate the Fire Chief or their designee, to sign agreements with
the Department of Homeland Security for these grants on behalf of the City of College
Station.
Summary: The City of College Station has prepared a Grant Application in accordance with
the requirements of the Department of Homeland Security who is responsible to administer
the grant funds which has provided FEMA with $210 million dollars to improve staffing levels
in Fire Departments. The College Station Fire Department will utilize these firefighters to
improve staffing levels and emergency response capabilities in our city.
Budget & Financial Summary: This Firefighter Staffing Grant process is competitive, if
awarded the full Grant the City of College Station would receive $1,857,775 from the
federal grant to pay for 15 firefighter's salaries and benefits for their lSt two years of
employment. The City of College Station would be responsible to pay for the next 12
months of employment under the Grant program which would total approximately
$1,010,132. After year 3 the City of College station will have successfully met the
requirements under the grant and would be responsible for the full funding of these
positions in the future. A tax increase would likely be required in year 3 of this program to
pay for the 15 firefighters under our current projected budget funding scenario. If the grant
is not received future discussions and decisions will have to occur to address the Operations
and Maintenance costs for Fire Station # 6.
Attachments:
Homeland Security Application on file in City Secretary's office
Resolution
RESOLU'I'ION NO.
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING
GRANT APPLICATION WITH THE IJ.S. DEPAK'I'MENT OF HOMELAND
SECURITY FOR FUNDING FROM ?'I-IE STAFFING FOR ADEQUATE FIRE AND
EMERGENCY RESPONSE (SAFER) GRANT PROGRAM.
WHEREAS, The Department of Homeland security (DHS) Grant Office for Domestic,
has authorized and established the application process for the SAFER Grant to improve
firefighter staffing; and
WHEREAS, the City of Collegc Station will submit the grant for the funding of 15
firefighters under the guidelines of this grant, if awarded from the Department of
Homeland Security the Federal Share of this grant would be in the amount of $1,857,775;
BE IT RESOLVED BY'THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PAK'T I: That the City or College Station hereby approves the grant application.
PART 2: That The City Council hereby authorizes and designates the Fire Chief for
the City of College Station Fire Department, or his designee, to sign the
grant application for this grant on behalf of the City of College Station.
PART3: That this resolution shall talce effect immediately from and alter its
passage.
ADOPTED this day of , A.D. 2009.
ATTEST: APPROVED:
City Secretary Mayor .
APPROVED:
December 10, 2009
Consent Agenda Item no. 2v
Purchase of replacement and upgrading for self contained breathing apparatus.
To : Glenn Brown, City Manager
From: R. B Alley 111, Fire Chief
Agenda Caption: Presentation, possible action, and discussion regarding the purchase of
48 replacement and 19 upgrades for Mine Safety Appliance (MSA) manufactured self
contained breathing apparatus (SCBA) distributed by Casco Industries Inc. for $320,879.20.
Recommendation(s): Staff recommends approval of this purchase.
Summary: IVFPA 1981, 2007 mandates improved audibility of PASS (personal alert safety
systems) devices for firefighter safety and requires that self contained breathing apparatus
(SCBA) regulators and masks be certified and updated annually to NIOSH (National Institute
Occupational Safety Health) and CBRN (chemical, biological, radiological and nuclear)
requirements. This purchase will bring the College Station Fire Department into full
compliance with Texas Commission on Fire Protection rules and improve the safety of our
Firefighters when they are exposed to IDLH conditions. The NIOSH and CBRN requirements
do not allow interchangeability between manufacturers for safety reasons. The City is
trained, fit tested and certified to repair the Mine Safety Appliance (MSA) manufactured self
contained breathing apparatus equipment. This purchase is exempt from competitive
bidding requirements pursuant to LGC 252.022(a)(7)(D) a procurement of captive
replacement parts or components for equipment. Casco Industries is the only authorized
municipal fire service distributor of MSA (self contained breathing apparatus) SCBA in
Texas.
Budget & Financial Summary: The funds for this purchase and upgrade are funded for
FYlO through a service level adjustment and are budgeted in fund 001-4251-562-7190.
Additional funding is in place for annual travel and training, parts and equipment, and for
recertification of equipment. The department will be submitting a FEMA grant to reimburse
the City for a portion of the purchase price of the equipment.
Attachments:
1. Casco quote
2. Sole Source letter
PO BOX 9960
COLLEGE STATION, TX 77842 COLLEGE STATION, TX 77842
GOOD FOR 60 DAYS FROM DATE OF QUOTE
SHREVEPORT,LOUISANA 71 148 8007
I I I I
Vendor P.O.Number
Est
$ -
Subtotal
Tax
Freight
TOTAL
$
$ 310,764.57
$ 310,764.57
The Safety Company
November 18,2009
Ms. Beltie Charanza
College Station Fire Department
1900 Barron Rd.
College Station, TX 77842
Dear Ms. Charanza:
Please be advised that as of this date, Casco Industries, Inc. is the only authorized Fire
Service Distributor of MSA SCBA and accessories to the Municipal Fire Department
Marltet for Brazos County, Texas. Should you have any questions, please feel free to
contact me.
Sincerely,
Scott McGuire
North American Sales Channels Specialist
Phone: 412-967-3207
979-764-3403
- $
$ - $
$ - $
$ - $
Vendor P.O.Number Subtotal $10,114.63
Tax
pp
Est Freight
TOTAL $10,114.63 -
December 10, 2009
Consent Agenda Item No. 2w
Dowling Road Substation Construction-Rebid and a
Resolution Declaring Intention to Reimburse Certain
Expenditures with Proceeds From Debt
Bid No. 10-16
To : Glenn Brown, City Manager
From: David Ivlassey, Director of College Station Electric Utilities Department
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
resolution awarding Bid No. 10-16 to Re-Con Company for the rebid for construction of
Dowling Road Substation in the amount of $2,975,960.21, plus owner furnished material of
$1,785,536.00, for a total bonded project requirement of $4,761,496.21, and approval of a
resolution declaring intention to reimburse certain expenditures with proceeds from debt.
Also, the rejection of Bid No. 09-86 for the construction of Dowling Road Substation.
Recommendation(s): Staff recommends the award of Bid No. 10-16 to the lowest
responsible bidder, Re-Con Company, and recommends approval of the resolution declaring
intention to reimburse certain expenditures with proceeds from debt.
Summary: On October 1, 2009, ten bids were received in response to Bid No. 09-86 for
the construction of a new electrical substation located at the southwest corner of the
intersection of F.M. 2818 and Marion Pugh Drive/Jones Butler Road. The three lowest
bidders took exception to the specifications of the City's contract and/or made material
errors in their bid calculation. Therefore, it was in the City's best interest to rebid the
project and all vendors who submitted bids were informed of our decision. On November
20, 2009, nine bids were received in response to the rebid of this project, Bid No. 10-16.
The lowest responsible bid was submitted by Re-Con Company at $2,975,960.21. Inclusive
of City provided material, the anticipated total cost of this project is $4,761,496.21. Future
additions of electrical equipment are planned at this location in subsequent years in order to
meet electrical load growth in this area.
Budget & Financial Summary: This project is budgeted as part of the FYI0 Electric
Capital Improvements Budget. Funding for the project is budgeted in the Electric Utility
Capital Improvement Projects Fund. The "Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt" is necessary for this item because a portion
of the long term debt has not been issued for the project. The debt for the project is
scheduled to be issued later this fiscal year and next fiscal year. There is no financial
impact for rejecting the bids for Bid No. 09-86.
Attachments:
1. Resolution
2. Consulting Engineer (IYcCord) recommendation letter
3. Bid Tabulation
4. Location Map
5. Resolution Declaring Intention to Reimburse Certain ~x~enditu res with Proceeds from
Debt
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE DOWLING ROAn
SUBSTATlON PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the consti-uction phase of the
Dowling Road Substation Project; and
WHEREAS, the selection of Re-Con Company is being reconlillended as the lowest responsible
bidder for the construction se~.vices related to Dowling Road Substation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PAKT 1: That the City Council hereby finds that Re-Con Company is the lowcst
responsible bidder.
PART 2: That the City Council hereby approves the contract with Re-Con Company
for $2,975,960.21 for the labor, materials and equipment required for the
improvements related the Dowling Road Substation Project, plus owner
furnished material of $1,785,536.00, for a total bonded project
requireineilt of $4,76 1,496.21.
PART 3: That the funding for this Contract shall be as budgeted from the Capital
Improvement Fund, Electric Division, in the amount of $2,975,960.2 1.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2009.
ATTEST: APPROVED:
City Secretary MAYOR
McCORD ENGINEERING, INC.
916 Southwest Parkway East, P.O. Box 10047
College Station, Texas 77842 (979) 764-8356
Fax (979) 764-9644
November 23, 2009
Mr. Timothy Crabb
Assistant Director
City of College Station
160 1 Graham Road
College Station, Texas 77842
RE: Dowling Road Substation Bid Number 10-16
Dear Mr. Crabb:
Our firm was directed to evaluate the bids submitted for the College Station portion of the
Dowling Road Substation Project Bid Number 10-16. Results of the bid are summarized in
Attachment A.
We recommend that the low bid of Re-Con Company of Oklahoma City, Oklahoma, be
awarded the contract to construct the City of College Station's Dowling Road Substation Project.
Re-Con Company took no exceptions to the bid, and meets the City's experience and competency
requirements specified in the bid.
Re-Con's bid was $2,975,960.21. With the addition of the Owner-Furnished Material
already delivered at a total of $1,100,750.00, and the addition of the Owner-Furnished Material on
order at a total of $684,786.00, the total contract amount to be bonded is $4,761,496.21.
We value the opportunity to work with the City on this matter and appreciate the City Staff's
commitment to excellence for service to its citizens. Please do not hesitate to contact me should any
questions arise.
Yours very truly,
McCORD ENGINEERING, INC.
Michael Duff, P.E.
Engineering Design Div. Mgr.
MDIjk
Enclosures
ATTACHMENT A
City of College Station
Dowling Road Substation
Bid 10-16 Summary
Recommended Bidder
Bid Amount
-
Re-Con '
Pike
Mas-Tec
Lambda
IES
Breaux
TESSCO
Gulf States
Dacon
Owner Furnished Material (On Hand) $1,100,750.00
Owner Furnished Material (On Order) $684,786.00
Total Contract Amount to be Bonded $4,761,496.21
New Construction
$2,975,960.21
$3,105,993.69
$3,125,000.00
$3,187,211.50
$3,380,947.76
$3,577,998.00
$3,623,602.09
$3,725,100 01
$3,893,364.00
Z:\Clients\College Station\CSB-I 9-C\Bid Evaluation-Rebid
Exceptions
None
None
Yes
None
None
None
None
Yes
Yes
Exceptions Comments
I,X . ' ' +'IA*;*"",
Permitting
Metals Priclng, Pier Cas~ng,
Grouting
Pier Casing, Grout~ng,
Primary Injection, Hot Oil Fill
for Transformer
Qualifications
RcGptable '
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Bid Status
Compliant
Compliant
Non-Compl~ant
Compl~ant
Compl~ant
Compliant
Compliant
Non-Compl~ant
Non-Compl~ant
Certifications
&%epti$fffe-- '
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Bonding
txdceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Dowling Road Substation-Rebid
Bid No. 10-16
Location Map
RESOLUTION NO.
RESOLLITION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH
PROCEEDS FROM DEBT
WHEREAS, the City of College Station, Texas (the "City") is a home-rule municipality and
political subdivision of the State of Texas;
WHEREAS, the City expects to pay expenditures in connection with the design, planning,
acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the "Project")
prior to the issuance of obligations by the City in connection with the financing of the Project from
available funds;
WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the
payment of such expenditures will be appropriate and consistent with the lawhl objectives of the City
and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the
Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance
the Project;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS THAT:
Section 1. The City reasonably expects it will incur debt, as one or more series of obligations,
with an aggregate maximum principal amount not to exceed $2,055,000, for the purpose of paying the
aggregate costs of the Project.
Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-
exempt obligations will be issued by the City in furtherance of this Statement after a date whlch is later
than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the
property, with respect to which such expenhtures were made, is placed in service.
Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to
ths Statement more than three years after the date any expenditure which is to be reimbursed is paid.
PASSED AND APPROVED THlS 9th DAY OF NOVEMBER. 2009
ATTEST:
Connie Hooks, City Secretary
Ben White, Mayor
(Seal)
APPROVED :
Exhibit "A"
The projects to be financed that are the subject of this Statement are:
Construction of the Dowling Road Substation (Electric Utility)
December 10, 2009
Consent Agenda Item No. 2x
Settlement Agreements for Bed & Banks Permit
To : Glenn Brown, City Manager
From : Dave Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding approval of
settlement agreements with the Brazos River Authority and Wellborn Special Utilities District
to resolve their protests to the City's Bed and Banks Permit application before the TCEQ.
Recommendation: Staff recommends approval of these agreements.
Summary: Under current State law, the water that College Station produces from wells
(groundwater) is owned by the City until the water is discharged into a State waterway.
Once discharged, the water becomes property of the State and the City cannot control, nor
gain economic benefit from the water. However, under a Bed and Banks permit, the State
would permit the City to use the State waterway to transport our privately owned water,
minus carriage losses, to a downstream entity that would purchase the water from the City.
College Station has submitted application number 5913 to the Texas Commission on
Environmental Quality for a Bed and Banks permit. This application was protested by the
Brazos River Authority (BRA) and the Wellborn Special Utility District (WSUD). The case
was sent to the State Office of Administrative Hearings, docket #582-10-1114. Since then,
staff has held discussions with both parties, and has reached settlement agreements that
will remove the protests and allow the State to issue our Bed and Banks permit.
These agreements will be discussed in Executive Session, and are listed on the Consent
agenda for approval.
Budget & Financial Summary: None
Attachments: None
December 10, 2009
Consent Agenda Item No. 2y
McCullough-Olden Unit, Well #IRE - Oil and Gas Operations Permit
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Remove from table, public hearing, presentation, possible action and
discussion regarding an Oil and Gas Operations Permit for the McCullough-Olden Unit, Well
#IRE as requested by the operator, EnerVest Operating, LLC. of Houston, Texas.
Recommendation(s): Remove from table, and approve Oil and Gas Permit as drafted.
Summary: This application for an Oil and Gas Permit was presented and public hearing
was conducted at the November 9, 2009 Regular City Council Meeting. After consideration
of the associated incomplete items, City Council action was to table the application for
permit.
The applicant has subsequently re-submitted application items and satisfied ordinance
requirements.
Budget & Financial Summary: IV/A
Attachments:
1. Vicinity Map
2. Resolution
3. Exhibit A - Application (Complete Application available at City Engineer's Office)
4. Exhibit B - Location Map
5. Exhibit C - Indminity Bond
6. Draft Permit (Available at City Engineer's Office)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, "UIVIFIED DEVELOPMENT ORDINANCE,"
SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOLNDARTES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning
Map," of the Code of Ordinances of the City of College Station, Texas, be amended
as set out in Exhibit "A" and Exhibit "B," and as shown graphically in Exhibit "C"
and Exhibit "D," attached hereto and made a part of this ordinance for all purposes.
PART 2: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be
pernlitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 10th day of December, 2009
APPROVED :
MAY OR
ATTEST:
City Secretary
APPROVED:
, T&
,?
,,' ,[," ,{ / //LL4 1.6- ///
City Attolag l 4 {y
ORDINANCE NO.
EXHIBIT "A"
Page 2
That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the
Code of Ordinances of the City of College Station, Texas, is hereby amended as follows:
The following property is rezoned from C-1 General Commercial to PDD Planned Development
District: Lot 2R, Block 2, Pooh's Park Subdivision.
ORDINANCE NO.
EXHIBIT "B"
Page 3
The applicant has provided the following information related to the purpose and intent ofthe
proposed zoning district:
"The purpose of the PDD zoning district is to allow the development of this infill tract to
include 4,000 square feet of first floor retail, restaurant, office, health studio, and/or personal
service uses facing FTolleinan, behind and above which will be multi-family units. There will
be approximately 36 units housed in mirltiple structures ranging in height with a maximum of
three stories. The residential density will be approxiinately 28 units per acre in this mixed
use development."
The structure closest to Holle~nan on the Concept Plan must be a vertical mixed-use structure with all
groimd floor uses being non-residential. The prima~y store fronts shall be oriented to I-Iolleman
Drive. At the time of site plan, the project will need to meet all applicable site and architectural
requirements required by the Unified Development Ordinance, including, but not limited to
landscape, attached signage, and non-residential architectural standards (for non-residential portion
of the building). Through the PDD, the following meritorious modifications have been granted:
1. Section 7.2.1 "Number of Off-Street Parking Spaces Required'' of the Unified
Development Ordinance
The parking requirement shall be 1 parlcing space per bedroom for the residential units and a
minimum parking requirement of 1 parking space per 250 square feet of non-residential uses.
2. Section 7.2.E "Interior Islands" of the Unified Development Ordinance
No interior parking island are required in side or rear parking areas.
3. Section 5.4 "Non-Residential Dimensional Standards'' of the Unified Development
Ordinance
No minimum front setback is required from I-Iolleman Drive to allow the mixed-use structurc
to be located closer to IIolleinan Drive. Additionally a 15-foot rear setback has been -
granted. Side selback will remain 7.5 feet.
4. Section 7.1.2 "Single-Fanlily P~*otection" of the Unified Development Ordinance
The height of the structures are not limited by the adjacent single-family struchires to the
south because, as designated on the Colnpreherlsive Plan, the fiiture use of the property lo the
south is also high-dcnsity Urban Mixed Use. The maximum height of the structures is three
stories.
5. Section 7.63 "Buffer Standards" of thc Unified Development Ordinance
No buffer is required adjacent to the single-family devclopment to the south because, as
designated on the Comprehensive Plan, the future use of the property to the south is also a
high-density Urban Mixed Use.
ORDINANCE NO.
EXHIBIT "C"
2
M 31SSYl
Page 4
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December 10, 2009
Regular Agenda Item No. 5
Code Coordination Sub-committee Formation and Appointments
To : Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion regarding the establishment
of a Code Coordination Sub-committee of various Boards, Commissions, and Council
involved in the implementation and enforcement of the Unified Development Ordinance and
other development related regulations and standards and appointment of membership to
the same.
Recommendation(s): Staff recommends the Council form the sub-committee based on
the criteria provided in the attached memo and that Council members and members from
the other Boards and Commissions be appointed.
Summary: At their annual Council retreat, the Council prioritized the establishment of a
'UDO Oversight Committee". At a recent Council meeting, the Council instructed staff to
bring this item forward at a future Council meeting for discussion. Staff presented this item
to Council in September at which time Council concurred with the staff proposals and asked
that the item be brought back for formal ratification and sub-committee appointments.
-the attached memo provides the form of the sub-committee, its charge, composition, etc.
It is anticipated that the first meeting of the sub-committee will be held in January 2010.
Budget & Financial Summary: NA
Attachments:
1. Staff Memo
November 9, 2009
To : City Council
From: Bob Cowell, AICP, Director of Planning & Development Services
RE: Establishment of a Code Coordination Sub-committee
Code Coordination Sub-committee (CCC)
Purpose : Facilitate coordination among the Council, Boards, and Commissions
that use/implement City development codes and regulations resulting
in an effort to keep the codes and regulations responsive to current
needs and methods.
Scope of Authority: The Sub-committee is a coordination committee offering analysis and
recommendation to the Council regarding adopted codes and
regulations. The Sub-committee is not a decision-making body nor is
it intended to review specific amendments to codes and regulations,
which remain the purview of the P&Z Commission and City Council.
Membership: The Sub-committee shall consist of the following members:
(2) City Council appointees - The Mayor and one other Council
Member. The Sub-committee shall be chaired by the Mayor or his
appointee
The Chair of the Planning & Zoning Commission or his/her designee
The Chair of the Zoning Board of Adjustment or his/her designee
The Chair of the Design Review Board or his/her designee
The Chair of the Landmark Commission or his/her designee
Meetings: The Sub-committee shall meet as deemed necessary by the
membership but not less than quarterly. One of the meetings shall be
concurrent with the annual Comprehensive Plan and UDO reviews
conducted by the P&Z Commission and City Council.
Miscellaneous: The Sub-committee shall be supported by the staff of the Planning &
Development Services and other City staff as deemed necessary. The
Sub-committee shall develop and maintain Rules of Procedure to
govern their operations.