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HomeMy WebLinkAbout03/24/2022 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council 1101 Texas Ave, College Station, TX 77840 Internet: https://zoom.us/j/96728393278 Phone: 888 475 4499 and Meeting ID: 967 2839 3278 March 24, 2022 4:00 PM City Hall Council Chambers College Station, TX Page 1 Notice is hereby given that a quorum of the meeting body will be present in the physical location stated above where citizens may also attend in order to view a member(s) participating by videoconference call as allowed by 551.127, Texas Government Code. The City uses a third- party vendor to host the virtual portion of the meeting; if virtual access is unavailable, meeting access and participation will be in-person only. 1.Call to Order. 2.Executive Session is Closed to the Public and Will Be Held in the 1938 Executive Conference Room. The Open Meeting Will Resume No Earlier Than 5:00 PM. Consultation with Attorney {Gov’t Code Section 551.071}; Possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney- client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed. Litigation a. Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas b. McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17- 000914-CV-361; In the 361st District Court, Brazos County, Texas c. City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Personnel {Gov’t Code Section 551.074}; Possible action. The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: a. City Manager b. Council Self Evaluation Economic Incentive Negotiations {Gov't Code Section 551.087}; Possible action. The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive Page 1 of 210 City Council Page 2 March 24, 2022 session discussion, any final action or vote taken will be in public. The following subject(s) maybe discussed: a. Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey Road. 3.Reconvene from Executive Session and Take Action, if Any. 4.Pledge of Allegiance, Invocation, and Consider Absence Request. Speaker Protocol An individual who wishes to address the City Council regarding any item on the agenda other than those items posted for Executive Session must register with the City Secretary two (2) hours prior to the meeting being called to order. Individuals shall register to speak or provide written comments at https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling 979-764- 3500. Upon being called to speak an individual must state their name and city of residence, including the state of residence if the city is located out of state. Speakers are encouraged to identify their College Station neighborhood or geographic location. Please do not carry purses, briefcases, backpacks, liquids, foods or any other object other than papers or personal electronic communication devices to the lectern, nor advance past the lectern unless you are invited to do so. Each speaker’s remarks are limited to three (3) minutes. Any speaker addressing the Council through the use of a translator may speak for six (6) minutes. At the three (3) minute mark the City Secretary will announce that the speaker must conclude their remarks. 5.Presentation - Proclamations, Awards, and Recognitions. 5.1.Presentation of a proclamation in support of Law Enforcement Officers and Operation Safe Shield. Sponsors:Billy Couch Attachments:1.2022 Operation Safe Shield Proclamation 6.Hear Visitors. During Hear Visitors an individual may address the City Council on any item which does not appear on the posted agenda. The City Council will listen and receive the information presented by the speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concern shall be directed to the City Manager. 7.Workshop Items. 7.1.Presentation, discussion, and possible action, relating to receiving the annual audit reports and Annual Comprehensive Financial Report (ACFR) for the fiscal year ended September 30, 2021. Sponsors:Michael DeHaven Attachments:None 7.2.Presentation, discussion, and possible action on Parkland Dedication Ordinance amendments. Sponsors:Michael Ostrowski Attachments:1.Ordinance Amendment - UDO 8.8 Parkland Dedication - DRAFT 2.Ordinance Amendment - UDO 8.8 Parkland Dedication - DRAFT with Changes 7.3.Presentation, discussion, and possible action regarding regulations in neighborhoods related to noise and gatherings. Page 2 of 210 City Council Page 3 March 24, 2022 Sponsors:Billy Couch Attachments:None 8.Consent Items. Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law. A Councilmember may request additional information at this time. Any Councilmember may remove an item from Consent for discussion or a separate vote. 8.1.Presentation, discussion, and possible action of minutes for: March 10, 2022 Council Meeting Sponsors:Tanya Smith Attachments:1.CCM031022 DRAFT Minutes 8.2.Presentation, discussion, and possible action on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract. The estimated annual expenditure for water meters is $179,629.98 Sponsors:Michael DeHaven Attachments:1.Aqua Metric Sales Company - Quote 8.3.Presentation, discussion, and possible action related to an Interlocal Agreement (ILA) between the College Station Independent School District and the City of College Station for joint facility use. Sponsors:Steve Wright Attachments:1.City of CS - CSISD Facility Use ILA 2.22 8.4.Presentation, discussion, and possible action on the second reading of a franchise agreement ordinance with Bullseye Site Services, LLC for the collection of recyclables from commercial businesses and multi-family locations. Sponsors:Emily Fisher Attachments:1.22300260 Bullseye Site Services LLC - Recyclables Franchise Agreement 8.5.Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Jetsam Removals & Roll-Offs LLC for the collection of recyclables from commercial businesses and multi-family locations. Sponsors:Emily Fisher Attachments:1.223003~1 8.6.Presentation, discussion, and possible action on an ordinance amending Chapter 38 “Traffic and Vehicles” Article VI “Traffic Schedules”, Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” by removing parking at the intersection of Francis Drive and Foster Avenue. Sponsors:Emily Fisher Attachments:1.No Parking Map 2.No Parking Ordinance Form 8.7.Presentation, discussion, and possible action regarding the purchase of Advanced Metering Infrastructure (AMI) meters for Electric warehouse inventory stock from Landis+Gyr Technology, Inc. for an amount not to exceed $223,632. Page 3 of 210 City Council Page 4 March 24, 2022 Sponsors:Michael DeHaven Attachments:1.C20300313 FY 2022 Purchase Support 8.8.Presentation, discussion, and possible action for the renewal of a contract for Water Meter Reading Services, to Alexander’s Contract Services, Inc. for an amount not to exceed $300,000 for one year. Sponsors:Michael DeHaven Attachments:1.21300361R1 Alexanders Contract Services 8.9.Presentation, discussion, and possible action regarding a second change order to Contract 21300273 with PowerGrid Services for the ring bus modification work for the Spring Creek Substation. The total recommended change order amount is not to exceed $107,484.38, which brings the contract total to $2,497,319.63 for the project. Sponsors:Timothy Crabb Attachments:1.PowerGrid Contract 21300273 CO#2 Form 2.Spring Creek - CO #2-1 - JBT Additional Testing 3.Spring Creek - CO #2-2 - Additional SEL Cables 4.Spring Creek - CO #2-3 - Downtime from SEL Testing 8.10.Presentation, discussion, and possible action regarding approval of Change Order 1 for the City’s annual price agreement with Techline Inc., for electric warehouse inventory of distribution poles in the amount of $660,678 for an increase not to exceed total amount of $8,013,258. The original annual price agreement was not to exceed total amount of $7,352,580. Sponsors:Mary Ellen Leonard Attachments:1.22300111 Change Order #1 Techline Inc. 8.11.Presentation, discussion, and possible action regarding the approval of the updated Council Relations Policy and Code of Ethics. Sponsors:Tanya Smith, Carla Robinson Attachments:1.Council Relations Policy and Code of Ethics-2022 Final 0310 9.Regular Items. 9.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from SC Suburban Commercial to PDD Planned Development District for approximately 5 acres of land generally located at the intersection of Emerald Parkway and Corsair Drive (3105 Corsair Drive). Case # REZ2022-000001 Sponsors:Derrick Williams Attachments:1.Ordinance 2.Vicinity, Aerial, and Small Area Map 3.Future Land Use Map 4.Rezoning Map 5.Rezoning Exhibit 6.Concept Plan 7.Background Information 8.Applicant's Supporting Information 9.Bulk Variances Letter Page 4 of 210 City Council Page 5 March 24, 2022 10.Council Calendar - Council May Discuss Upcoming Events. 11.Items of Community Interest. The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. 12.Council Reports on Committees, Boards, and Commissions. A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) 13.Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items. A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. 14.Adjourn. The City Council may adjourn into Executive Session to consider any item listed on the agenda if a matter is raised that is appropriate for Executive Session discussion. I certify that the above Notice of Meeting was posted on the website and at College Station City Hall, 1101 Texas Avenue, College Station, Texas, on March 18, 2022 at 5:00 p.m. City Secretary This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting and who may need accommodations, auxiliary aids, or services such as interpreters, readers, or large print are asked to contact the City Secretary’s Office at (979) 764-3541, TDD at 1-800-735-2989, or email adaassistance@cstx.gov at least two business days prior to the meeting so that appropriate arrangements can be made. If the City does not receive notification at least two business days prior to the meeting, the City will make a reasonable attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. Page 5 of 210 City Council Page 6 March 24, 2022 "Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly Carried Handgun) A Person Licensed under Subchapter H, Chapter 411, Government Code (Handgun Licensing Law), may not enter this Property with a Handgun that is Carried Openly." Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al aire libre con licencia), personas con licencia bajo del Sub-Capitulo H, Capitulo 411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta propiedad portando arma de mano al aire libre.” Page 6 of 210 March 24, 2022 Item No. 5.1. Proclamation for Law Enforcement Officers and Operation Safe Shield. Sponsor:Billy Couch Reviewed By CBC:City Council Agenda Caption:Presentation of a proclamation in support of Law Enforcement Officers and Operation Safe Shield. Relationship to Strategic Goals: Good Governance Recommendation(s): None. Summary: Operation Safe Shield is a public charity that is organized by citizens of the Brazos Valley. The goal is to support Law Enforcement officers and their families by increasing the safety equipment, along with lifesaving bullet-resistant windows for all vehicles. Budget & Financial Summary: None. Attachments: 1.2022 Operation Safe Shield Proclamation Page 7 of 210 Proclamation WHEREAS, Operation Safe Shield is a 501(c)(3) public charity; and WHEREAS, Operation Safe Shield is comprised of concerned citizens of the Brazos Valley; and WHEREAS, Operation Safe Shield’s goal is to protect those that protect us; and WHEREAS, Operation Safe Shield supports and encourages increasing the level of security and safety to law enforcement officers; and WHEREAS, Operation Safe Shield believes it is in the communities of the Brazos Valley’s best interest to support families of law enforcement officers by increasing the safety equipment provided; and WHEREAS, law enforcement officers willingly face dangerous circumstances and the threat of serious bodily injury or death on a daily basis to ensure the safety of all citizens; and WHEREAS, 1175 law enforcement officers have died in the line of duty from gunfire throughout Texas since 1845; and WHEREAS, due to these circumstances, Operation Safe Shield intends to provide lifesaving bullet resistant windows for all the patrol vehicles in the Brazos Valley. Now therefore, I, Karl Mooney Mayor of College Station, do hereby proclaim April 2022, as Operation Safe Shield Month and call upon the City of College Station to: offers its sincere thanks and appreciation to the local law enforcement officers who protect and serve our community from criminals who seek to perpetrate violence and harm innocent people; and recognizes the great sacrifice our law enforcement officers, and their families, make to keep the Brazos Valley safe; and supports the initiative of Operation Safe Shield in assisting municipalities with the equipment and funding necessary to keep our community safe; and believes it is in the best interest of the citizenry to promote and support the efforts of Operation Safe Shield in equipping all law enforcement vehicles with lifesaving bullet resistant windows; and supports the designation of April as First Responders Month in the Brazos Valley in recognition of all First Responders that put their lives on the line for the citizens of the Brazos Valley. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the City of College Station this 24th Day of March, 2022. Karl Mooney Attest: Mayor Tanya Smith City Secretary Page 8 of 210 March 24, 2022 Item No. 7.1. Presentation, discussion, and possible action, relating to receiving the annual audit reports and Annual Comprehensive Financial Report (ACFR) for the fiscal year ended September 30, 2021. Sponsor:Michael DeHaven, Assistant Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action, relating to receiving the annual audit reports and Annual Comprehensive Financial Report (ACFR) for the fiscal year ended September 30, 2021. Relationship to Strategic Goals: Financially Sustainable City Recommendation(s): Staff recommends that Council accept the 2021 audit reports and Annual Comprehensive Financial Report. Summary: The City's Charter and Fiscal and Budgetary Policies along with State law require that not less than thirty (30) days prior to the end of each fiscal year, the City Council shall designate a qualified public accountant or accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the City government and shall submit the report to the City Council. Also, the City's budgetary policies require that the auditor jointly review the management letter/audit results with the City Council within 30 days of receipt by the staff. Ms. Amanda Eaves of BKD, LLP will present the results of the fiscal year 2021 audit and present, along with staff, the 2021 ACFR. Ms. Eaves will also be available to answer any questions the City Council may have. Budget & Financial Summary: The reports provide a summary of the City's financial position as of September 30, 2021. Attachments: None Page 9 of 210 March 24, 2022 Item No. 7.2. Parkland Dedication Ordinance Amendments Sponsor:Michael Ostrowski, Director of Planning and Developement Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on Parkland Dedication Ordinance amendments. Relationship to Strategic Goals: Good Governance, Financial Sustainability, Core Services & Infrastructure, and Sustainable City Recommendation(s): Summary: For parkland dedication purposes, developers are required to dedicate either land and/or fee in lieu of land for new residential development (both single-family and multi-family). The intent is that this dedication or fee will offset the demand that the new residents will place of the parks system. In addition to land, developers are also required to either construct or provide a fee for the improvements of the park facilities. The land and improvements required for each development are to be located within the same park zone where the development is taking place. Through several meetings, the City Council has directed staff to make changes to the parkland dedication requirements within the Unified Development Ordinance (UDO). Some of the changes were also identified in the Parkland Dedication Audit that was performed by the City Auditor in March of 2019. An outline of the history of this item is as follows: March 2019 – Parkland Dedication Audit March 25, 2021 – City Council Workshop – City Council provided direction August 26, 2021 – City Council Workshop – City Council provided direction October 12, 2021 – Parks and Recreation Board – Recommended approval of proposed amendments October 21, 2021 – Planning & Zoning Commission – Recommended approval of proposed amendments October 28, 2021 – City Council – Requested additional changes to the ordinance January 25, 2022 – Representatives from the Greater Brazos Valley Builders Association – Provided comments The proposed changes are broken down into the following categories: zones, appeals, credits, and fees. Zones With respect to zones, the current ordinance breaks park zones into two different categories (community and neighborhood). Within these categories, there are two community park zones and 16 neighborhood park zones. To help provide for a more effective distribution of parkland dedication funds, it has been requested to eliminate the distinction of categories for ordinance requirements, Page 10 of 210 and to reduce the number of parkland dedication zones. The proposed ordinance has been reflected as such. Furthermore, a new map has been created to identify the four different zones. Appeals At the October 28, 2021 City Council meeting, City Council gave direction to staff to include an appeals section within the ordinance. The appeals section has been included in the draft ordinance in section 8.8(D)(11). Credits Direction was also given to provide a credit to developers who construct private parks. The thought behind this is that with the construction of private parks in new developments, some of the demand that is created from the new residents will be offset by the private park. However, those residents will also likely use other parks in the City and therefore, some dedication and/or fees should still be provided. Therefore, it is recommended that a 25% credit be given for private parks that are constructed to certain standards and approved by the City. Fees In terms of fees, City Council has directed staff to ensure that (1) there is a standard review of fees, (2) that the cost per acre is updated to reflect market conditions, and (3) that the park development fee recognizes passive parks. It is proposed that fees will be updated every five years. Within the enclosed draft ordinance, there are two different appendices (C and D) that relate to fees. Appendix C – Park Land Dedication and Development Fees is the calculation of the existing fees. It has been modified to combine the dedication and fee amounts due to the elimination of the park zone categories, but otherwise the total dedication and fee amounts remain the same. Please note, the data used to calculate the fees is previous data (2012 fees). This data is only being used to show how the current fees were calculated. Appendix D – Optional Park Land Dedication and Development Fees is the calculation of what the dedication and fee amounts would be if using current data. The difference between the two are as follows: Page 11 of 210 With regards to the dedication and fee amounts. The Parks Master Plan goal calls for at least 7 acres of park land per 1,000 people. Currently, if we exclude Veterans and Lick Creek, the city has 9.5 acres per 1,000 people. Since the last recalibration of the fees, the City has seen an increase in over 20,000 people, and an increase in about 450 park acres, approximately 200 of which have been passive park acres. Much of this was due to the reclassification of the greenways to parks. The reason why this is important is because the land dedication amount is based on the City maintaining its current acres of park per 1,000 people. Therefore, if we were to use a 7 acres of park land per 1,000 people standard, the City would require a dedication amount of 1 acre of park land for every 62 single family units or 111 multiple-family bedrooms constructed, versus 46 and 81 if the 9.5 acres per 1,000 people is used. At the 10/28/21 City Council meeting, City Council provided direction to staff to have the developments in the Extraterritorial Jurisdiction (ETJ) pay the same fees as developments within the city limits. Currently, ETJ developments do not pay any fees relating to neighborhood park zones. However, with the elimination of the distinctions between the zones, the dedication and fee amounts will be combined. Finally, when the current fees were calculated, the cost of a community park was discounted 50% for multiple-family developments and 75% for single-family developments. The Optional amount indicated in the table above does not consider a discount factor. If the City Council wishes to discount any of the fees, Staff would recommend discounting the final fee, not an input variable. In meeting with representatives from the Greater Brazos Valley Builders Association, they had the following comments: Agree that the current number of zones is too many, but 6-7 may be better than 4 Update parkland dedication fees during the same time as impact fee study update, shows the total impact on the industry Parkland dedication is expensive, would like to look at other incentives to reduce the costs – e.g. detention/retention areas Staff is seeking direction from the City Council on the proposed amendments to the ordinance. If City Council provides direction to move forward through the ordinance approval process at this meeting, the potential approval process would be: April 12, 2022 – Parks and Recreation Board Recommendation April 21, 2022 – Planning and Zoning Commission Recommendation May 12, 2022 – City Council Action Budget & Financial Summary: N/A Attachments: 1.Ordinance Amendment - UDO 8.8 Parkland Dedication - DRAFT 2.Ordinance Amendment - UDO 8.8 Parkland Dedication - DRAFT with Changes Page 12 of 210 ORDINANCE NO. ____________ AN ORDINANCE AMENDING APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 8, “SUBDIVISION DESIGN AND IMPROVEMENTS,” SECTION 8.8, “REQUIREMENTS FOR PARK LAND DEDICATION,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE SECTION IN ITS ENTIRETY; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.8, “Requirements for Park Land Dedication,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Appendix “A,” Appendix “B,” and Appendix “C” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 13 of 210 ORDINANCE NO. ___________ Page 2 of 18 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______th day of ______________, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 14 of 210 Appendix A That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.8, “Requirements for Park Land Dedication,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8.8. Requirements for Park Land Dedication. A. Purpose. It is hereby declared by the College Station City Council that public park, conservation, and greenway areas are valuable assets that advance the public’s health, safety, and welfare. This Section is adopted to provide active and passive recreational areas in the form of park facilities as a function of subdivision and site development in the City of College Station and its Extraterritorial Jurisdiction (ETJ). This Section is enacted in accordance with the home rule powers of the City of College Station granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212 as may be amended from time to time. This Section recognizes that parkland dedication is a fair, reasonable, and uniform method of financing these assets that does not impose an unfair burden on new or existing development. The intent is to require new development to pay its proportionate costs that are associated with providing new, expanded, and renovated parks, so they are borne by the new residents who are responsible for creating the additional demand. This is done by integrating such requirements into the procedure for planning and developing property or subdivisions in the City and its ETJ, whether such development consists of new construction on vacant land or rebuilding and remodeling of multi-family dwellings that results in an increase in the number of bedrooms on existing residential property. The intent of these assets is to provide a variety of outdoor recreational opportunities for new residents within reasonable proximity of their homes. The primary cost of purchasing, developing, or improving parks should be borne by the landowners of residential property who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. To ensure this nexus, park zones have been established by the College Station City Council. They are shown on the Park Zones Map and they shall be prima facie proof that any park area located therein is within a convenient distance from any residence located therein. Parkland dedication is consistent with, and furthers the objectives and policies of, the City’s Comprehensive Plan and the Recreation, Park, & Open Space Master Plan to protect the health, safety, and general welfare of the public. It is coordinated with other city policies, ordinances, and resolutions by which the City seeks to ensure the provision of adequate park facilities in conjunction with the development of land. B. Applicability. This Section applies to a landowner who develops land for residential use located within the City or within its ETJ. Page 15 of 210 ORDINANCE NO. ___________ Page 4 of 18 Ordinance Form 8-14-17 C. Park Zones. The City is hereby divided into park zones, as shown on the official Park Zones Map, located in Appendix B – “Park Zones Map”, together with all explanatory matter thereon, and adopted by reference and declared to be a part of this UDO. Zone boundaries typically follow key topographic features such as major thoroughfares, streams, City limit, and ETJ boundary lines. New park zones may be created or existing zones amended pursuant to procedures for amending the UDO. D. Requirements. 1. General. The City Manager or his/her designee shall administer this Section with certain review, recommendation, and approval authorities being assigned to the Planning and Zoning Commission, the Parks and Recreation Advisory Board, and various City departments as specified herein. Generally, the developer of residential property must address the following requirements pursuant to this Section: dedication of land for park use or payment of a fee in lieu thereof, and payment of a development fee for park improvements necessary to transform the land into a useable park. Requirements herein are based on actual dwelling units or bedrooms for an entire development. Increases or decreases in final unit or bedroom count may require an adjustment in fees paid or land dedicated. If the actual number of dwelling units or bedrooms exceeds the original estimate, additional park land and additional park development fees may be required in accordance with the requirements in this Section. The schedule of fees and required land dedications are identified in Section K “Park Land Dedication and Development Fees”. The delineation of park zones is identified in Section C “Park Zones”. 2. Land Dedication. a. The amount of land to be dedicated for park purposes shall be as set forth in Section K “Park Land Dedication and Development Fees”. The total amount of land dedicated for the development shall be dedicated to the City in fee simple: 1) Prior to the issuance of any building permits for multi-family development, 2) Concurrently with the final plat for each phase of the development, or 3) In accordance with the terms of a valid Development Agreement associated with the property. If land dedication is to occur in future phases of a multiple-phase development, the developer may provide the City with financial security against the current dedication requirements by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres park land required and, in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee in lieu of land Page 16 of 210 ORDINANCE NO. ___________ Page 5 of 18 Ordinance Form 8-14-17 dedication and improvements as set forth in Section K “Park Land Dedication and Development Fees”. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land and payment of the fee for the required improvements. b. Since residents living in the ETJ are likely to use the City’s park facilities, they should contribute to the cost of providing them. As a result of the difficulty faced by the City in maintaining property outside its corporate limits, the City will generally require a fee in lieu rather than the dedication of land. Alternatively, the dedication requirements of this Section may be met through the creation of private parkland in the same amount required as set forth in Section K “Park Land Dedication and Development Fees” provided the developer enters into a written agreement that all such private parkland be dedicated to the City at the time of full purpose annexation into the City and provided that any plat related to such development is inscribed with a notation regarding same. If the private parkland option is chosen, a provision for private upkeep of the facilities as described in Section H “Credit for Private Park Amenities” shall be made. 3. Fee in Lieu of Land. In lieu of dedicating land for parks, a developer may request to meet some or all of the land dedication requirements through payment of a fee in lieu thereof in the amounts set forth in Section K “Park Land Dedication and Development Fees”. Such fees shall be due at the same time as fees are due for final platting or for issuance of a building permit, based on the type of residential development. 4. City Final Approval. The City shall have the final authority in determining what proportion of land or fee may be accepted in lieu of required land dedication. The City may, from time to time, require that a fee be submitted in lieu of land dedication in amounts as set forth in Section K “Park Land Dedication and Development Fees” for the park land dedication. Likewise, the City may, from time to time, require that land be dedicated in amounts as set forth in Section K and that no fee in lieu of land will be accepted. 5. Approval Process for Park Land Dedication. a. For land dedication of five (5) acres or more to be accepted by the City, the landowner must: 1) Obtain a recommendation from the Parks and Recreation Advisory Board, and 2) Obtain approval from the Planning and Zoning Commission pursuant to the Plat Review in Article 3 of this UDO. The Planning and Zoning Commission shall consider the recommendation from the Parks and Recreation Advisory Board but may make a decision contrary to its recommendation by majority vote. b. The City of College Station will generally not accept dedications of land for parks that are less than five (5) acres, as maintaining small parks is inefficient and too costly for the City to sustain over the long-term. However, the City Manager or Page 17 of 210 ORDINANCE NO. ___________ Page 6 of 18 Ordinance Form 8-14-17 his/her designee is authorized to accept and approve land dedications of less than five (5) acres if the following criteria are met: 1) The proposed dedication provides a sufficient amount of park land in the park zone of the proposed development for required park land dedication, or such land provides a valuable link to the greater park system; 2) The proposed dedication has especially attractive park features, as determined by the City Manager or his/her designee; 3) Where the proposed dedication is insufficient for a park site under existing park design standards, some or all of the dedication requirements may be in the form of a fee in amounts as set forth in Section K “Park Land Dedication and Development Fees”; and 5) The proposed development of the park is consistent with College Station's Recreation, Park, & Open Space Master Plan, as may be amended from time to time. In making his/her decision, the City Manager or his/her designee may choose to submit such application to the Parks and Recreation Advisory Board for its recommendation. In such event, the City Manager or his/her designee shall consider such recommendation but may make a decision contrary in accordance with the criteria set forth herein. 6. Park Development Fee. In addition to the land dedication requirements for parks, there are also park development fees established herein sufficient to develop parks in ways that meet the City Park Facility and Equipment Standards. The amount of development fees assessed to a developer subject to this Section for parks is as shown in Section K “Park Land Dedication and Development Fees”. The process for the approval and collection of development fees shall be the same as for the park land dedication requirements to which the development relates, and shall be processed simultaneously with the park land dedication requirements. 7. Construction of Park Improvements in Lieu of Development Fee. A developer may elect to construct park improvements in lieu of paying the associated development fees as set forth herein. In such event: a. A park site plan, developed in cooperation with the Parks and Recreation Department staff, must be submitted and approved by the Director of Parks and Recreation Department or his/her designee and the Parks and Recreation Advisory Board upon submission of final plat or upon application for a site plan and/or building permit, whichever is applicable. b. Detailed plans and specifications for park improvements hereunder shall be due and processed in accordance with the procedures and requirements pertaining to public improvements for final plats, site plans, and for building permits issuance, whichever is applicable. Page 18 of 210 ORDINANCE NO. ___________ Page 7 of 18 Ordinance Form 8-14-17 c. All plans and specifications shall meet or exceed the City Park Facility and Equipment Standards in effect at the time of the submission. d. If the improvements are constructed on land that has already been dedicated to and/or is owned by the City, then the Developer must post payment and performance bonds equal to park development fees to guarantee the payment to subcontractors and suppliers and to guarantee the developer completes the work in accordance with the approved plans, specifications, ordinances, and other applicable laws. e. The construction of all improvements must be completed in accordance with the requirements relating to the construction of public improvements for final plats, site plans, and issuance of building permits, whichever is applicable. This includes the guaranteeing of performance in lieu of completing the park improvements prior to final plat approval. Notwithstanding any other applicable ordinances, park improvements should be completed within two (2) years from the date of the approval. f. Completion and Acceptance. Park development will be considered complete and a Certificate of Completion will be issued after the following requirements are met: 1) Improvements have been constructed in accordance with the approved plans, 2) All park land upon which the improvements have been constructed has been dedicated as required under this Section; and 3) All manufacturers' warranties have been provided for any equipment installed in the park as part of these improvements. g. Upon issuance of a Certificate of Completion, the developer warrants the improvements for a period of one (1) year as set forth in the requirements in the City Park Facility and Equipment Standards. h. The developer shall be liable for any costs required to complete park development if: 1) Developer fails to complete the improvements in accordance with the approved plans; or 2) Developer fails to complete any warranty work. 8. Submitting Fee. Any fees required to be paid pursuant to this Section shall be remitted: a. Prior to the issuance of any building permits for multi-family development; or b. Upon the submission of each final plat for single-family, duplex, or townhouse development. 9. Use of Fees. Fees may be used only for the acquisition, development, and/or improvement of park facilities to which they relate. Fees in lieu of land dedication may only be used for Page 19 of 210 ORDINANCE NO. ___________ Page 8 of 18 Ordinance Form 8-14-17 purchase, development and/or improvement of parks located within the same zone as the development, or in an adjacent zone in a scenario where the development occurs close to a zone border. 10. Reimbursement for City Acquired Park Land. The City may from time to time acquire land for parks in advance of actual or potential development. If the City does take such action, then it may require subsequent dedications to be in fee in lieu of land only. The fees will serve to reimburse the City for the cost(s) of acquisition. 11. Appeals. The property owner or applicant for new development may appeal the following decisions to the Director of Planning and Development Services, or his or her designee: a. The applicability of the land dedication, fee in lieu, or development fee; b. The amount of the land dedication or fee due; c. The determination of credit for private property amenities; and/or d. The amount of the refund due, if any. All appeals shall be taken within 30 days of notice of the action from which the appeal is taken. The burden of proof shall be on the appellant to demonstrate that the amount of the dedication, fee, refund, or credit was not calculated according to the requirements of this ordinance. The appellant may appeal the decision of the Director of Planning and Development Services to the City Council. A notice of appeal to the Council must be filed by the applicant with the City Secretary within 30 days following the Director's decision. The filing of an appeal shall not stay the collection of the fee due. If the notice of appeal is accompanied by a payment in an amount equal to the fee due as calculated by the City, the plat or building permit application shall be processed. E. Prior Dedication or Absence of Prior Dedication. If a dedication requirement arose prior to enactment or amendment of this Section, subsequent development for the subject tract to which the dedication requirements applies may be subject to vesting as set forth in Chapter 245 Texas Local Government Code. Depending on the circumstances, additional dedication may be required for the increase in dwelling units or bedrooms from what was originally proposed. F. Comprehensive Plan Considerations. The City's Recreation, Park, & Open Space Master Plan is intended to provide the Parks and Recreation Advisory Board with a guide upon which to base its recommendations. Because of the need to consider specific characteristics in the site selection process and future development, the park locations indicated on the Plan are general. The actual locations, sizes, and number of parks will be determined when development occurs or when sites are acquired by the City, including by donations. G. Special Fund; Right to Refund. Page 20 of 210 ORDINANCE NO. ___________ Page 9 of 18 Ordinance Form 8-14-17 The City shall account for all fees in lieu of land and all development fees paid under this Section with reference to the individual plat(s) involved. Any fees paid for such purposes must be encumbered or expended by the City within 10 years from the date received by the City for acquisition, development, and/or improvement of a park as required herein. Such funds shall be considered to be spent on a first-in, first-out basis. If the funds are not so encumbered by contract of purchase order or expended, then the owners of the property on the last day of the 10-year period will be entitled to a refund of the unexpended sum upon request. The owners of the property as shown on the current tax roll or proven by other instrument, must request a refund within one year of the expiration of the 10-year period. The request must be made in writing to the Director of Parks and Recreation. H. Credit for Private Park Amenities. 1. Up to 25% of the total fee in lieu and park development fee required by this Section to be paid by a developer may be eligible for reimbursement if the developer provides private park land and/or amenities on the site. The remaining percentage is retained for deposit in the City's parkland dedication fund for the purpose of defraying the financial burden that new residential units impose on the existing public park system in the City, beyond the immediate development in which the dwelling is located. 2. Private facilities eligible for credit are those outdoor amenities typically found in city public parks, which will substitute for the improvements otherwise funded by a dedication fee to meet the outdoor recreation needs of residents. 3. The amount of credit shall be based on actual out-of-pocket dollar costs that the developer incurred in providing the outdoor recreation amenities: a. The improvements must be constructed in accordance with the City Park Facility and Equipment Standards. b. The developer is required to submit to the City all invoices paid toward the construction of the private amenities. c. In order to receive the credit, the improvement must be inspected and approved by all appropriate City staff. 4. Yards, court areas, setbacks, and other open areas required to be maintained under the City’s UDO, and other regulations, shall not be included in the credit computation. 5. Private recreation improvements shall be owned by an incorporated nonprofit homeowners’ association comprised of all property owners in the subdivision. The organization should operate under recorded land agreements through which each property unit owner in the subdivision is automatically a member, and each unit is subject to a charge for a proportionate share of expenses for maintaining the facilities. 6. Should the homeowners’ association fail to maintain the developer-provided private park facilities in compliance with City standards, each property owner agrees that the City may access the facilities to operate, maintain, and repair them. The costs of such maintenance, operations, and repairs shall be charged to the homeowners’ association. Such requirement shall be by recorded covenant, which runs with the land in favor of future owners of the property, and which cannot be defeated or eliminated without the written consent of the City.  Page 21 of 210 ORDINANCE NO. ___________ Page 10 of 18 Ordinance Form 8-14-17 7. Use of the private park shall be restricted for park and recreation purposes by recorded covenant, which runs with the land in favor of future owners of the property, and which cannot be defeated or eliminated without the written consent of the City. 8. Facilities must be similar or comparable to what would be required to meet public park standards and recreational needs as set forth in Section I “Park Land Guidelines and Requirements”. 9. The design of private park amenities must be reviewed and approved by the City prior to final plat approval. 10. All private park amenities shall be constructed in accordance with Section D (7) “Construction of Park Improvements in Lieu of Development Fee”. I. Park Land Guidelines and Requirements. Parks should be easy to access and open to public view so as to benefit area development, enhance the visual character of the City, protect public safety, and minimize conflict with adjacent land uses. The following guidelines and requirements shall be used in designing parks and adjacent development. 1. Any land dedicated to the City under this Section must be suitable for park and recreation uses. The dedication shall be free and clear of any and all liens and encumbrances that interfere with its use for park purposes. The City Manager or his/her designee shall determine whether any encumbrances interfere with park use. Minerals may be reserved from the conveyance provided that there is a complete waiver of the surface use by all mineral owners and lessees. A current title report must be provided with the land dedication. The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate from the Brazos County Tax Assessor shall be submitted with the dedication or plat. 2. Consideration will be given to land that is in the floodplain or may be considered "floodable" even though not in a federally regulated floodplain as long as, due to its elevation, it is suitable for park improvements. Sites should not be severely sloping or have unusual topography which would render the land unusable for recreational activities, as set forth in the City Park Facility and Equipment Standards. 3. At the discretion of the City, land in floodplains will be considered on a three (3) for one (1) basis. Three (3) acres of floodplain will be equal to one (1) acre of park land. 4. Where feasible, park sites should be located adjacent to greenways and/or schools in order to encourage shared facilities and joint development of new sites. 5. Unless intended to serve a larger area, park sites should be adjacent to residential areas in a manner that serves the greatest number of users and should be located to minimize users having to cross arterial roadways to access them. Furthermore, park sites should not be encumbered by overhead utility lines or easements which may limit the opportunity for park development. 6. Where appropriate, sites with existing trees or other scenic elements are preferred. 7. Detention/retention areas will not be considered to meet dedication requirements, but may be accepted as a donation in addition to the required dedication. If accepted as part Page 22 of 210 ORDINANCE NO. ___________ Page 11 of 18 Ordinance Form 8-14-17 of the park, the detention/retention area design must meet specific parks specifications in the City Park Facility and Equipment Standards. 8. Where park sites are adjacent to greenways, schools, or existing or proposed subdivisions, access ways may be required to facilitate public access to parks. 9. It is desirable that 50% of the perimeter of a park should abut a public street. J. Warranty Required. 1. All materials and equipment provided to the City shall be new unless otherwise approved in advance by the City Manager or his/her designee and all work shall be of good quality, free from faults and defects, and in conformance with the designs, plans, specifications, and drawings, and recognized industry standards. This warranty, any other warranties express or implied, and any other consumer rights, shall inure to the benefit of the City only and are not made for the benefit of any party other than the City. 2. All work by the developer or landowner not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 3. This warranty is in addition to any rights or warranties expressed or implied by law. 4. Where more than a one (1) year warranty is specified in the applicable plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern. 5. This warranty obligation may be covered by any performance or payment bonds tendered in compliance with this Section. 6. If any of the work performed by the developer or landowner is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this Section, the designs, plans, drawings or specifications within one (1) year after the date of the issuance of a Certificate of Final Completion of the work or a designated portion thereof, whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this ordinance, developer shall promptly correct the defective work at no cost to the City. 7. During the applicable warranty period and after receipt of written notice from the City to begin corrective work, developer shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this Code of Ordinances. The guarantee to correct the defective work shall not constitute the exclusive remedy of the City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 8. If within twenty (20) calendar days after the City has notified developer of a defect, failure, or abnormality in the work, developer has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by developer. Page 23 of 210 ORDINANCE NO. ___________ Page 12 of 18 Ordinance Form 8-14-17 9. The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by developer, its contractors, or subcontractors or by the surety. 10. The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one (1) year warranty shall cover all work, equipment, and materials that are part of the improvements made under this Section of the ordinance. K. Park Land Dedication and Development Fees. Parkland dedication and development fees for developments located within the City limits and ETJ are indicated in Appendix C “Park Land Dedication and Development Fees”. The City shall review the fees established and the amount of park land dedication required in this ordinance at least every five (5) years. Failure to review by the City shall not invalidate this ordinance. Page 24 of 210 Appendix B – Park Zones Map That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.8, “Requirements for Park Land Dedication,” Section 8.8 (C), “Park Zones,” of the Code of Ordinances of the City of College Station, Texas, establishes the following Park Zones Map: Page 25 of 210 ORDINANCE NO. ___________ Page 14 of 18 Ordinance Form 8-14-17 Appendix C – Park Land Dedication and Development Fees That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.8, “Requirements for Park Land Dedication,” Section 8.8 (K), “Park Land Dedication and Development Fees,” of the Code of Ordinances of the City of College Station, Texas, establishes the following dedication and fee calculations: Input Data:  Population = 96,603  Acres of Parks = 346 Neighborhood, 316 Community  Number of Parks = 42 Neighborhood, 8 Community  Persons Per Household = 2.38  Land Acquisition Cost Per Acre = $32,000  Park Development Cost = $350,000 Neighborhood, $1,900,000 Community Single Family, $3,800,000 Community Multi-Family Land Dedication:  Single Family Dwelling Units = (Population / Acres of Parks) / Persons Per Household o 61 = (96,603 / 662) / 2.38  Multi-Family Bedrooms = Population / Acres of Parks o 145 = 96,603 / 662 Land Acquisition:  Single Family Dwelling Units = Land Acquisition Cost Per Acre / ((Population / Acres of Parks) / Persons Per Household) o $524 = $32,000 / ((96,603 / 662) / 2.38)  Multi-Family Bedrooms = Land Acquisition Cost Per Acre / ((Population / Acres of Parks) o $220 = $32,000 / (96,603 / 662) Park Development:  Single Family Dwelling Units = Park Development Cost / (Population / Number of Parks) * Persons Per Household o $362 = $350,000 / (96,603 / 42) * 2.38 o $375 = $1,900,000 / (96,603 / 8) * 2.38 o $737 = $362 + $375  Multi-Family Bedrooms = Park Development Cost / (Population / Number of Parks) o $152 = $350,000 / (96,603 / 42) o $315 = $3,800,000 / (96,603 / 8) o $467 = $152 + $315 Total Parkland Dedication Fees Per Unit Development:  Single Family Dwelling Units = Land Acquisition + Park Development o $1,261 = $524 + $737  Multi-Family Bedrooms = Land Acquisition + Park Development o $687 = $220 + $467 Page 26 of 210 ORDINANCE NO. ___________ Page 15 of 18 Ordinance Form 8-14-17 Appendix D – Optional Park Land Dedication and Development Fees That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.8, “Requirements for Park Land Dedication,” Section 8.8 (K), “Park Land Dedication and Development Fees,” of the Code of Ordinances of the City of College Station, Texas, establishes the following dedication and fee calculations: Input Data Neighborhood park acres 567 Community park acres (ex. Lick Creek and Veterans)354 Passive park acres 198 Total park acres 1,119 Single-family dwelling units 26,725 Multi-family dwelling units 19,628 Total number of dwelling units 46,353 PPH - Overall 2.53 PPH - Single-family structures 2.79 PPH - Multi-family structures 2.20 Ratio of MFU/SFU PPH 0.79 (PPH - multi-family structures / PPH - single-family structures) Dwelling units per acres of parks 41.42 (total number of dwelling units / total park acres) Adjustment ratio MFU/SFU 0.11 ((1 - ratio of MFU/SFU PPH)/2) Land dedication Single-family dwelling units per acre of park land 46 (dwelling units per acres of parks (1 + adjustment ratio MFU/SFU)) Multi-family-family bedroom units per acre of park land 81 ((dwelling units per acres of parks (1 - adjustment ratio MFU/SFU) * PPH - multi-family structures)) Page 27 of 210 ORDINANCE NO. ___________ Page 16 of 18 Ordinance Form 8-14-17 Fee in lieu of land dedication Average cost per acre of neighborhood park land $50,000 Average cost per acre of community park land $22,500 Average cost per acre of passive park land $12,250 Fair market value of existing neighborhood park land $28,374,335 (average cost per acre of neighborhood park land * neighborhood park acres) Fair market value of existing community park land $7,960,565 (average cost per acre of community park land * community park acres) Fair market value of existing passive park land $2,422,471 (average cost per acre of passive park land * passive park acres) Total fair market value of existing park land $38,757,371 Average fair market value of an acre of land $34,634 (total fair market value of existing park land / total park acres) Average fee-in-lieu $836 (average fair market value of an acre of land / dwelling units per acres of parks) Fee in-lieu of land per single-family unit $925 (average fee-in-lieu * (1 + adjustment ratio MFU/SFU)) Fee in-lieu of land per multi-family bedroom $340 ((average fee-in-lieu * (1 - adjustment ratio MFU/SFU)) / PPH - multi-family structures) Page 28 of 210 ORDINANCE NO. ___________ Page 17 of 18 Ordinance Form 8-14-17 Page 29 of 210 ORDINANCE NO. ___________ Page 18 of 18 Ordinance Form 8-14-17 Page 30 of 210 Page 1 of 19 Sec. 8.8. Requirements for Park Land Dedication. A. Purpose. It is hereby declared by the College Station City Council that public park, conservation, and greenway areas are valuable assets that advance the public’s health, safety, and welfare. This Section is adopted to provide active and passive recreational areas in the form of neighborhood park facilities as well as community park facilities as a function of subdivision and site development in the City of College Station and its Extra-TerritorialExtraterritorial Jurisdiction (ETJ). This Section is enacted in accordance with the home rule powers of the City of College Station granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212 as may be amended from time to time. It is hereby declared by the City Council that recreational areas in the form of neighborhood parks and community parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks and community parks isThis Section recognizes that parkland dedication is a fair, reasonable, and uniform method of financing these assets that does not impose an unfair burden on new or existing development. The intent is to require new development to pay its proportionate costs that are associated with providing new, expanded, and renovated parks, so they are borne by the new residents who are responsible for creating the additional demand. This is done by integrating such requirements into the procedure for planning and developing property or subdivisions in the City and its ETJ, whether such development consists of new construction on vacant land or rebuilding and remodeling of structuresmulti-family dwellings that results in an increase in the number of bedrooms on existing residential property. Neighborhood parks are those parks providing forThe intent of these assets is to provide a variety of outdoor recreational opportunities and locatedfor new residents within convenient distances from a majority of the residences to be served thereby located within park zones established by the City. The park zones established by the College Station Parks and Recreation Department and shown on the official Parks and Recreation map for the Cityreasonable proximity of College Station shall be prima facie proof that any park located therein is within such a convenient distance from any residence located therein.their homes. The primary cost of purchasing, developing, or improving neighborhood parks should be borne by the landowners of residential property who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Typically, the landowner of a proposed residential development is the developer. To ensure this nexus, park zones have been established by the College Station City Council. They are shown on the Park Zones Map and they shall be prima facie proof that any park area located therein is within a convenient distance from any residence located therein. A typical community park in College Station is designed to serve the needs of residents from several neighborhoods located within one-half- to three-mile radius. Community parks provide amenities that should complement neighborhood parks. Together, neighborhood parks and community parks can meet more of the recreational needs of residents. Page 31 of 210         Community parks are generally twenty-five (25) to seventy (70) acres in size. However, larger and smaller community parks may be purchased, developed and/or improved to meet specific requirements of a particular area of town. Community parks, by their nature, serve both active and passive leisure needs of residents, and use by organizations and individuals from surrounding areas larger than for neighborhood parks. The acquisition, development, and improvement of the "basic" infrastructure and facilities for the usage of these community parks should be based upon the demand from the area residents it is intended to serve. Therefore, the following requirements are adopted to affect the purposes stated above. Parkland dedication is consistent with, and furthers the objectives and policies of, the City’s Comprehensive Plan and the Recreation, Park, & Open Space Master Plan to protect the health, safety, and general welfare of the public. It is coordinated with other city policies, ordinances, and resolutions by which the City seeks to ensure the provision of adequate park facilities in conjunction with the development of land. B. Applicability. This Section applies to a landowner who develops land for residential use located within the City or within its extraterritorial jurisdictionETJ. C. Park Zones. The City is hereby divided into park zones, as shown on the official Park Zones Map, located in Appendix B – “Park Zones Map”, together with all explanatory matter thereon, and adopted by reference and declared to be a part of this UDO. Zone boundaries typically follow key topographic features such as major thoroughfares, streams, City limit, and ETJ boundary lines. New park zones may be created or existing zones amended pursuant to procedures for amending the UDO. D. Requirements. 1. General. The City Manager or his/her designee shall administer this Section with certain review, recommendation, and approval authorities being assigned to the Planning and Zoning Commission, the Parks and Recreation Advisory Board, and various City departments as specified herein. Generally, the developer of residential property must address the following requirements pursuant to this Section: dedication of land for neighborhood park use or payment of a fee in lieu thereof, dedication of land for community parks or payment of a fee in lieu thereof, payment of a development fee for neighborhood parks or construction of the neighborhood park improvements to which such fee relates, and payment of a development fee for community parks or construction of the community parkspark improvements necessary to which such fee relates.transform the land into a useable park. Requirements herein are based on actual dwelling units or bedrooms for an entire development. Increases or decreases in final unit or bedroom count may require an adjustment in fees paid or land dedicated. If the actual number of dwelling units or Page 32 of 210         bedrooms exceeds the original estimate, additional park land and additional park development fees may be required in accordance with the requirements in this Section. The schedule of fees and required land dedications is attached hereto as Appendix I and incorporated and made a part of this Section for all purposes. The identification of park zones for neighborhood parks is as shown on City's Recreation, Park and Open Space Master Plan referenced herein and incorporated by reference.are identified in Section K “Park Land Dedication and Development Fees”. The delineation of park zones is identified in Section C “Park Zones”. 2. Land Dedication. a. The amount of land to be dedicated for neighborhood park land purposes and for community park purposes shall be as set forth in Appendix I.Section K “Park Land Dedication and Development Fees”. The total amount of land dedicated for the development shall be dedicated to the City in fee simple: 1) Prior to the issuance of any building permits for multi-family development, 2) Concurrently with the final plat for a singleeach phase of the development, or 3) For a phased development the entire park shall be either platted concurrently with the plat of the first phase of the development or 4) The3) In accordance with the terms of a valid Development Agreement associated with the property. If land dedication is to occur in future phases of a multiple-phase development, the developer may provide the City with financial security against the futurecurrent dedication requirements by providing a bond, irrevocable letter of credit, or other alternative financial guarantee such as a cash deposit in the amount equal to the number of acres park land required and, in a form acceptable to the City. The amount of the financial guarantee shall be the amount of fee in lieu of land dedication and improvements as set forth in Appendix I.Section K “Park Land Dedication and Development Fees”. The financial guarantee will be released to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land. and payment of the fee for the required improvements. b. For development located within the extraterritorial jurisdiction of the Cityb. Since residents living in the ETJ are likely to use the City’s park facilities, they should contribute to the cost of providing them. As a result of the difficulty faced by the City in maintaining property outside its corporate limits, the City will generally require a fee in lieu rather than the dedication of land. Alternatively, the dedication requirements of this Section may be met through the creation of private parkland in the same amount required as set forth in Appendix ISection K “Park Land Dedication and Development Fees” provided the developer enters into a written agreement that all such private parkland be dedicated to the City at the time of full purpose annexation into the City and provided that any plat related to such development, is inscribed with a notation regarding same. If the private parkland Page 33 of 210         option is chosen, a provision for private upkeep of the facilities as described in Section H “Credit for Private Park Amenities” shall be made. 3. Fee in Lieu of Land. In lieu of dedicating park land for neighborhood parks and for community parks, a developer may request to meet some or all of the neighborhood park land dedication requirements, and some or all of the community park land dedication requirements through payment of a fee in lieu thereof in the amounts set forth in Appendix I.Section K “Park Land Dedication and Development Fees”. Such fees shall be due at the same time as fees are due for final platting or for issuance of a building permit, whichever occurs first based on the type of residential development. 4. City Final Approval. The City shall have the final authority in determining how much, if any,what proportion of land or fee may be accepted in lieu of required land dedication. The City may, from time to time, require that a fee be submitted in lieu of land dedication in amounts as set forth in Appendix I for either, both, some or all of neighborhood park land or communitySection K “Park Land Dedication and Development Fees” for the park land dedication. Likewise, the City may, from time to time, require that land be dedicated in amounts as set forth in Appendix ISection K and that no fee in lieu of land will be accepted. 5. Approval Process for Park Land Dedication. a. Land Dedications equal or exceeding five (5) acres, and Dedications of Floodplains and Greenways: For any proposed required neighborhood park land dedication equaling or exceeding five (5) acres of land or equaling or exceeding payment of a fee in lieu thereof, for any proposed required community park land dedication equaling or exceeding five (5) acres of land or equaling or exceedingof five (5) acres or more to be accepted by the payment of a fee in lieu thereof, or for any proposed land dedication containing floodplain or greenwayCity, the landowner must: 1) Obtain a recommendation from the Parks and Recreation Advisory Board, and 2) Obtain approval from the Planning and Zoning Commission pursuant to the Plat Review Section in Article 3 of this UDO. The Planning and Zoning Commission shall consider the recommendation from the Parks and Recreation Advisory Board but may make a decision contrary to its recommendation by majority vote. b. DedicationsThe City of College Station will generally not accept dedications of land for parks that are less than five (5) acres not including floodplains or greenways: For any proposed neighborhood park land dedication less than five (5) acre of land or the payment of a fee in lieu thereof, for any proposed required community park land dedication less than five (5) acres of land or the payment of a fee in lieu thereof, or, as maintaining small parks is inefficient and too costly for any proposed land Page 34 of 210         dedication containing floodplain or greenwaythe City to sustain over the long-term. However, the City Manager or his/her designee is authorized to accept and approve same land dedications of less than five (5) acres if the following criteria are met: 1) The proposed dedication or fee provides a sufficient amount of neighborhood park land existing in the park zone of the proposed development for required neighborhood park land dedication, or the proposalsuch land provides a sufficient amount of community park land existing forvaluable link to the greater park system; 2) The proposed dedication has especially attractive park features, as determined by the proposed development for required community park land dedication requirements, whichever applies; City Manager or his/her designee; 23) Where the proposed dedication is insufficient for a neighborhood park site or for a community park site under existing park design standards, some or all of the dedication requirements may be in the form of a fee in amounts as set forth in Appendix I; Section K “Park Land Dedication and Development Fees”; and 3) Determination of acceptability of a proposed neighborhood park land dedication and for a proposed community park land dedication is based upon the City of College Station's Recreation, Park and Open Space Master Plan, as may be amended from time to time; and 45) The proposed development of the neighborhood park or community park is consistent with College Station's Recreation, Park and, & Open Space Master Plan, as may be amended from time to time. In making his/her decision, the City Manager or his/her designee may choose to submit such application to the Parks and Recreation Advisory Board for its recommendation. In such event, the City Manager or his/her designee shall consider such recommendation but may make a decision contrary in accordance with the criteria set forth herein. 6. Park Development Fee. In addition to the land dedication requirements for neighborhood parks and for community parks, there are also park development fees established herein sufficient to develop neighborhood parks and community parks in ways that meet the City of College Station's Manual of Park ImprovementsFacility and Equipment Standards. The amount of development fees assessed to a developer subject to this Section for neighborhood and community parks is as shown in Appendix I.Section K “Park Land Dedication and Development Fees”. The process for the approval and collection of development fees shall be the same as for the park land dedication requirements to which the development relates, and shall be processed simultaneously with the park land dedication requirements. 7. Construction of Park Improvements in Lieu of Development Fee. A developer may elect to construct required neighborhood park improvements and/or community park improvements in lieu of paying the associated development fees as set forth herein. In such event: Page 35 of 210         a. A park site plan, developed in cooperation with the Parks and Recreation Department staff, must be submitted and approved by the Director of Parks and Recreation Department or his/her designee and the Parks and Recreation Advisory Board upon submission of final plat or upon application for a site plan and/or building permit, whichever is applicable. b. Detailed plans and specifications for park improvements hereunder shall be due and processed in accordance with the procedures and requirements pertaining to public improvements for final plats, site plans, and for building permits issuance, whichever is applicable. c. All plans and specifications shall meet or exceed the City's Manual ofCity Park ImprovementFacility and Equipment Standards in effect at the time of the submission. d. If the improvements are constructed on land that has already been dedicated to and/or is owned by the City, then the Developer must post payment and performance bonds equal to park development fees to guarantee the payment to subcontractors and suppliers and to guarantee the developer completes the work in accordance with the approved plans, specifications, ordinances, and other applicable laws. e. The construction of all improvements must be completed in accordance with the requirements relating to the construction of public improvements for final plats, site plans, and issuance of building permits, whichever is applicable. This includes the guaranteeing of performance in lieu of completing the park improvements prior to final plat approval. Notwithstanding any other applicable ordinances, park improvements should be completed within two (2) years from the date of the approval. f. Completion and Acceptance. Park development will be considered complete and a Certificate of Completion will be issued after the following requirements are met: 1) Improvements have been constructed in accordance with the approved plans, 2) All park land upon which the improvements have been constructed has been dedicated as required under this Section; and 3) All manufacturers' warranties have been provided for any equipment installed in the park as part of these improvements. g. Upon issuance of a Certificate of Completion, the developer warrants the improvements for a period of one (1) year as set forth in the requirements in the City of College Station's Manual of Park ImprovementsFacility and Equipment Standards. h. The developer shall be liable for any costs required to complete park development if: 1) Developer fails to complete the improvements in accordance with the approved plans; or Page 36 of 210         2) Developer fails to complete any warranty work. 8. Submitting Fee. Any fees required to be paid pursuant to this Section shall be remitted: a. Prior to the issuance of any building permits for multi-family development; or b. Upon the submission of each final plat for single-family, duplex, or townhouse development. 9. Use of Fees. Fees may be used only for the acquisition, development, and/or improvement of park facilities to which they relate. For feesFees in lieu of neighborhood park land dedication, fees may only be used for purchase, development and/or improvement of neighborhood parks located within the same zone as the development. For fees, or in lieu of community park land dedication, fees may only be used foran adjacent zone in a scenario where the purchase, development, and/or improvement of community parks occurs close to a zone border. 10. Reimbursement for City Acquired Park Land. The City may from time to time acquire land for parks in or near an areaadvance of actual or potential development. If the City does acquire park land in a park zone for a neighborhood park or acquires park land for a community park, the Citytake such action, then it may require subsequent dedications to be in fee- in lieu- of- land only. ThisThe fees will beserve to reimburse the City for the cost(s) of acquisition. D11. Appeals. The property owner or applicant for new development may appeal the following decisions to the Director of Planning and Development Services, or his or her designee: a. The applicability of the land dedication, fee in lieu, or development fee; b. The amount of the land dedication or fee due; c. The determination of credit for private property amenities; and/or d. The amount of the refund due, if any. All appeals shall be taken within 30 days of notice of the action from which the appeal is taken. The burden of proof shall be on the appellant to demonstrate that the amount of the dedication, fee, refund, or credit was not calculated according to the requirements of this ordinance. The appellant may appeal the decision of the Director of Planning and Development Services to the City Council. A notice of appeal to the Council must be filed by the applicant with the City Secretary within 30 days following the Director's decision. The filing of an appeal shall not stay the collection of the fee due. If the notice of appeal is accompanied by a payment in an amount equal to the fee due as calculated by the City, the plat or building permit application shall be processed. E. Prior Dedication or Absence of Prior Dedication. Page 37 of 210         If a dedication requirement arose prior to enactment or amendment of this Section, subsequent development for the subject tract to which the dedication requirements applies may be subject to vesting as set forth in Chapter 245 Texas Local Government Code. Depending on the circumstances, additional dedication may be required for the increase in dwelling units or bedrooms from what was originally proposed. EF. Comprehensive Plan Considerations. The City's Recreation, Park and, & Open Space Master Plan is intended to provide the Parks and Recreation Advisory Board with a guide upon which to base its recommendations. Because of the need to consider specific characteristics in the site selection process and future development, the park locations indicated on the Plan are general. The actual locations, sizes, and number of parks will be determined when development occurs or when sites are acquired by the City, including by donations. Park zones for neighborhood parks are established by the City's Recreation, Park and Open Space Master Plan as a component of the City's Comprehensive Plan, and indicate service areas for neighborhood parks. Zone boundaries typically follow key topographic features such as major thoroughfares, streams, City limit and ETJ boundary lines. New park zones may be created or existing zones amended pursuant to procedures for amending the City's Recreation, Park and Open Space Master Plan as land acquisitions or other circumstances dictate. FG. Special Fund; Right to Refund. 1. All neighborhood park land dedication fees will be deposited in a fund referenced to the park zone to which it relates. Community park land dedication fees will be deposited in a fund referenced to community parks. 2. The City shall account for all fees in lieu of land and all development fees paid under this Section with reference to the individual plat(s) involved. Any fees paid for such purposes must be encumbered or expended by the City within ten (10) years from the date received by the City for acquisition, development, and/or improvement of a neighborhood park or a community park as required herein. Such funds shall be considered to be spent on a first-in, first-out basis. If the funds are not so encumbered by contract orof purchase order or expended, then the landownersowners of the property on the expirationlast day of suchthe 10- year period shallwill be refundedentitled to a prorated refund of suchthe unexpended sum, computed upon request. The owners of the property as shown on a square footage of area basisthe current tax roll or proven by the City. other instrument, must request a refund within one year of the expiration of the 10-year period. The request must be made in writing to the Director of Parks and Recreation. GH. Credit for Private Park Amenities. 1. Up to 25% of the total fee in lieu and park development fee required by this Section to be paid by a developer may be eligible for reimbursement if the developer provides private park land and/or amenities on the site. The remaining percentage is retained for deposit in the City's parkland dedication fund for the purpose of defraying the financial burden that new residential units impose on the existing public park system in the City, beyond the immediate development in which the dwelling is located. Page 38 of 210         2. Private facilities eligible for credit are those outdoor amenities typically found in city public parks, which will substitute for the improvements otherwise funded by a dedication fee to meet the outdoor recreation needs of residents. 3. The amount of credit shall be based on actual out-of-pocket dollar costs that the developer incurred in providing the outdoor recreation amenities: a. The improvements must be constructed in accordance with the City Park Facility and Equipment Standards. b. The developer is required to submit to the City all invoices paid toward the construction of the private amenities. c. In order to receive the credit, the improvement must be inspected and approved by all appropriate City staff. 4. Yards, court areas, setbacks, and other open areas required to be maintained under the City’s UDO, and other regulations, shall not be included in the credit computation. 5. Private recreation improvements shall be owned by an incorporated nonprofit homeowners’ association comprised of all property owners in the subdivision. The organization should operate under recorded land agreements through which each property unit owner in the subdivision is automatically a member, and each unit is subject to a charge for a proportionate share of expenses for maintaining the facilities. 6. Should the homeowners’ association fail to maintain the developer-provided private park facilities in compliance with City standards, each property owner agrees that the City may access the facilities to operate, maintain, and repair them. The costs of such maintenance, operations, and repairs shall be charged to the homeowners’ association. Such requirement shall be by recorded covenant, which runs with the land in favor of future owners of the property, and which cannot be defeated or eliminated without the written consent of the City. 7. Use of the private park shall be restricted for park and recreation purposes by recorded covenant, which runs with the land in favor of future owners of the property, and which cannot be defeated or eliminated without the written consent of the City. 8. Facilities must be similar or comparable to what would be required to meet public park standards and recreational needs as set forth in Section I “Park Land Guidelines and Requirements”. 9. The design of private park amenities must be reviewed and approved by the City prior to final plat approval. 10. All private park amenities shall be constructed in accordance with Section D (7) “Construction of Park Improvements in Lieu of Development Fee”. I. Park Land Guidelines and Requirements. Parks should be easy to access and open to public view so as to benefit area development, enhance the visual character of the City, protect public safety, and minimize conflict with adjacent land uses. The following guidelines and requirements shall be used in designing parks and adjacent development. Page 39 of 210         1. Any land dedicated to the City under this Section must be suitable for park and recreation uses. The dedication shall be free and clear of any and all liens and encumbrances that interfere with its use for park purposes. The City Manager or his/her designee shall determine whether any encumbrances interfere with park use. Minerals may be reserved from the conveyance provided that there is a complete waiver of the surface use by all mineral owners and lessees. A current title report must be provided with the land dedication. The property owner shall pay all taxes or assessments owed on the property up to the date of acceptance of the dedication by the City. A tax certificate from the Brazos County Tax Assessor shall be submitted with the dedication or plat. 2. Consideration will be given to land that is in the floodplain or may be considered "floodable" even though not in a federally regulated floodplain as long as, due to its elevation, it is suitable for park improvements. Sites should not be severely sloping or have unusual topography which would render the land unusable for recreational activities. , as set forth in the City Park Facility and Equipment Standards. 3. LandAt the discretion of the City, land in floodplains or designated greenways will be considered on a three (3) for one (1) basis. Three (3) acres of floodplain or greenway will be equal to one (1) acre of park land. 4. Where feasible, park sites should be located adjacent to greenways and/or schools in order to encourage shared facilities and joint development of new sites. 5. Neighborhood5. Unless intended to serve a larger area, park sites should be adjacent to residential areas in a manner that serves the greatest number of users and should be located to minimize users having to cross arterial roadways to access them. Furthermore, park sites should not be encumbered by overhead utility lines or easements which may limit the opportunity for park development. 6. Where appropriate, sites with existing trees or other scenic elements are preferred. 7. Detention/retention areas maywill not be considered to meet dedication requirements, but may be accepted as a donation in addition to the required dedication. If accepted as part of the park, the detention/retention area design must meet specific parks specifications in the City's Manual ofCity Park ImprovementsFacility and Equipment Standards. 8. Where park sites are adjacent to greenways, schools, or existing or proposed subdivisions, access ways may be required to facilitate public access to provide public access to parks. 9. It is desirable that fifty (50) percent% of the perimeter of a park should abut a public street. 10. Community Parks should be accessible for major arterial streets so as to be accessible by large groups of people from large surrounding areas. HJ. Warranty Required. 1. All materials and equipment provided to the City shall be new unless otherwise approved in advance by the City Manager or his/her designee and that all work willshall be of good quality, free from faults and defects, and in conformance with the designs, plans, specifications, and drawings, and recognized industry standards. This warranty, any Page 40 of 210         other warranties express or implied, and any other consumer rights, shall inure to the benefit of the City only and are not made for the benefit of any party other than the City. 2. All work by the developer or landowner not conforming to these requirements, including but not limited to unapproved substitutions, may be considered defective. 3. This warranty is in addition to any rights or warranties expressed or implied by law. 4. Where more than a one (1) year warranty is specified in the applicable plans, specifications, or submittals for individual products, work, or materials, the longer warranty shall govern. 5. This warranty obligation may be covered by any performance or payment bonds tendered in compliance with this OrdinanceSection. 6. If any of the work performed by the developer or landowner is found or determined to be either defective, including obvious defects, or otherwise not in accordance with this ordinanceSection, the designs, plans, drawings or specifications within one (1) year after the date of the issuance of a certificateCertificate of Final Completion of the work or a designated portion thereof, whichever is longer, or within one (1) year after acceptance by the City of designated equipment, or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by this ordinance, developer shall promptly correct the defective work at no cost to the City. 7. During the applicable warranty period and after receipt of written notice from the City to begin corrective work, developer shall promptly begin the corrective work. The obligation to correct any defective work shall be enforceable under this Code of Ordinances. The guarantee to correct the defective work shall not constitute the exclusive remedy of the City, nor shall other remedies be limited to the terms of either the warranty or the guarantee. 8. If within twenty (20) calendar days after the City has notified developer of a defect, failure, or abnormality in the work, developer has not started to make the necessary corrections or adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the work to be done by a third party. The cost of the work shall be paid by developer. 9. The cost of all materials, parts, labor, transportation, supervision, special instruments, and supplies required for the replacement or repair of parts and for correction of defects shall be paid by Developerdeveloper, its contractors, or subcontractors or by the surety. 10. The guarantee shall be extended to cover all repairs and replacements furnished, and the term of the guarantee for each repair or replacement shall be one (1) year after the installation or completion. The one- (1) year warranty shall cover all work, equipment, and materials that are part of the improvements made under this Section of the ordinance. APPENDIX I. PARK LAND DEDICATION AND DEVELOPMENT FEES Page 41 of 210         I. K. Park Land Dedication and Development Fees. Parkland dedication and development fees for developments located within the City limits and ETJ are indicated in Appendix C “Park Land Dedication and Development Fees”. The City shall review the fees established and the amount of park land dedication required in this ordinance at least every five (5) years. Failure to review by the City shall not invalidate this ordinance. Page 42 of 210 Page 13 of 19 Appendix B – Park Zones Map That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.8, “Requirements for Park Land Dedication,” Section 8.8 (C), “Park Zones,” of the Code of Ordinances of the City of College Station, Texas, establishes the following Park Zones Map: Page 43 of 210         Appendix C – Park Land Dedication and Development Fees That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.8, “Requirements for Park Land Dedication,” Section 8.8 (K), “Park Land Dedication and Development Fees,” of the Code of Ordinances of the City of College Station, Texas, establishes the following dedication and fee calculations: Input Data:  Population = 96,603  Acres of Parks = 346 Neighborhood and, 316 Community Parks.  A. Dedication Requirements for Number of Parks = 42 Neighborhood Parks., 8 Community 1. Land dedication.  Single-Family: One (1) acre per 117Persons Per Household = 2.38  Land Acquisition Cost Per Acre = $32,000  Park Development Cost = $350,000 Neighborhood, $1,900,000 Community Single Family, $3,800,000 Community Multi-Family Land Dedication:  Single Family Dwelling Units (DU) = (Population / Acres of Parks) / Persons Per Household Multi-Family: One (1) acre per 278 bedrooms (BR) 2. Fee in lieu of land dedication. o Single-Family: $274.00 per Dwelling Unit (DU)61 = (96,603 / 662) / 2.38  Multi-Family: $115.00 per Bedroom (BR) Bedrooms = Population / Acres of Parks 3. Park development fee. o 145 = 96,603 / 662 Land Acquisition:  Single- Family: $362.00 per Dwelling Unit (DU) Dwelling Units = Land Acquisition Cost Per Acre / ((Population / Acres of Parks) / Persons Per Household) o $524 = $32,000 / ((96,603 / 662) / 2.38)  Multi-Family: $152.00 per Bedroom (BR) Bedrooms = Land Acquisition Cost Per Acre / ((Population / Acres of Parks) 4. Total neighborhood park fees. o Single-Family: $636.00 per$220 = $32,000 / (96,603 / 662) Park Development:  Single Family Dwelling Units = Park Development Cost / (Population / Number of Parks) * Persons Per Household o $362 = $350,000 / (96,603 / 42) * 2.38 Page 44 of 210         o $375 = $1,900,000 / (96,603 / 8) * 2.38 o $737 = $362 + $375  Multi-Family Bedrooms = Park Development Cost / (Population / Number of Parks) o $152 = $350,000 / (96,603 / 42) o $315 = $3,800,000 / (96,603 / 8) o $467 = $152 + $315 Total Parkland Dedication Fees Per Unit Development:  Single Family Dwelling Unit (DU)Units = Land Acquisition + Park Development Multi-Family: $267.00 per Bedroom (BR) B. Dedication Requirements for Community Parks. 1. Land dedication. o Single-Family: One (1) acre per 128 Dwelling Units (DU)$1,261 = $524 + $737  Multi-Family: One (1) acre per 305 Bedrooms (BR)= Land Acquisition + Park Development 2. Fee in lieu of land dedication. Single-Family: $250.00 per Dwelling Unit (DU) Multi-Family: $105.00 per Bedroom (BR) 3. Park development fee. Single-Family: $375.00 per Dwelling Unit (DU) Multi-Family: $315.00 per Bedroom (BR) 4. Total community park fees. Single-Family: $625.00 per Dwelling Unit (DU) Multi-Family: $420.00 per Bedroom (BR) (Ord. No. 2012-3434 , Pt. 1(Exh. A), 8-9-2012; Ord. No. 2012-3449 , Pt. 1(Exh. K), 9-27-2012; Ord. No. 2015-3728 , Pt. 1(Exh. A), 12-10-2015; Ord. No. 2017-3953 , Pt. 1(Exhs. A—C), 10- 26-2017; Ord. No. 2019-4111 , Pt. 1(Exh. A), 7-25-2019) o $687 = $220 + $467 Page 45 of 210         Appendix D – Optional Park Land Dedication and Development Fees That Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and Improvements,” Section 8.8, “Requirements for Park Land Dedication,” Section 8.8 (K), “Park Land Dedication and Development Fees,” of the Code of Ordinances of the City of College Station, Texas, establishes the following dedication and fee calculations: Input Data Neighborhood park acres 567 Community park acres (ex. Lick Creek and Veterans)354 Passive park acres 198 Total park acres 1,119 Single-family dwelling units 26,725 Multi-family dwelling units 19,628 Total number of dwelling units 46,353 PPH - Overall 2.53 PPH - Single-family structures 2.79 PPH - Multi-family structures 2.20 Ratio of MFU/SFU PPH 0.79 (PPH - multi-family structures / PPH - single-family structures) Dwelling units per acres of parks 41.42 (total number of dwelling units / total park acres) Adjustment ratio MFU/SFU 0.11 ((1 - ratio of MFU/SFU PPH)/2) Land dedication Single-family dwelling units per acre of park land 46 (dwelling units per acres of parks (1 + adjustment ratio MFU/SFU)) Multi-family-family bedroom units per acre of park land 81 ((dwelling units per acres of parks (1 - adjustment ratio MFU/SFU) * PPH - multi-family structures)) Page 46 of 210         Fee in lieu of land dedication Average cost per acre of neighborhood park land $50,000 Average cost per acre of community park land $22,500 Average cost per acre of passive park land $12,250 Fair market value of existing neighborhood park land $28,374,335 (average cost per acre of neighborhood park land * neighborhood park acres) Fair market value of existing community park land $7,960,565 (average cost per acre of community park land * community park acres) Fair market value of existing passive park land $2,422,471 (average cost per acre of passive park land * passive park acres) Total fair market value of existing park land $38,757,371 Average fair market value of an acre of land $34,634 (total fair market value of existing park land / total park acres) Average fee-in-lieu $836 (average fair market value of an acre of land / dwelling units per acres of parks) Fee in-lieu of land per single-family unit $925 (average fee-in-lieu * (1 + adjustment ratio MFU/SFU)) Fee in-lieu of land per multi-family bedroom $340 ((average fee-in-lieu * (1 - adjustment ratio MFU/SFU)) / PPH - multi-family structures) Page 47 of 210         Page 48 of 210         Page 49 of 210 March 24, 2022 Item No. 7.3. Regulations in neighborhoods related to noise and gatherings Sponsor:Billy Couch Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding regulations in neighborhoods related to noise and gatherings. Relationship to Strategic Goals: Neighborhood Integrity, Good Governance Recommendation(s): Staff recommends council receive the presentation. Summary: This presentation will provide an overview of current policies and regulations regarding gatherings and events in the city and within neighborhoods. It will discuss the current noise ordinance and special events ordinance. Currently, the police can close down, warn or cite groups having gatherings that violate the noise ordinance, when necessary. The special events process is very extensive and is mainly for larger events with over 200 attendees and typically does not require permits for events held on private property. Budget & Financial Summary: N/A Attachments: None Page 50 of 210 March 24, 2022 Item No. 8.1. Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC: Agenda Caption:Presentation, discussion, and possible action of minutes for: March 10, 2022 Council Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Recommends Approval. Summary: N/A Budget & Financial Summary: None Attachments: 1.CCM031022 DRAFT Minutes Page 51 of 210 CCM031022 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION MARCH 10, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present. With a quorum present, the Meeting of the College Station City Council was called to order by Mayor Mooney via In-Person and Teleconference at 4:00 p.m. on Thursday, March 10, 2022, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:01 p.m. on March 10, 2022, to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and Page 52 of 210 CCM031022 Minutes Page 2 City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas; and B. Consultation with attorney to receive legal advice; to wit: Legal advice related to elected officials and public speech. Legal advice regarding streaming services and video service provider fees. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Secretary Council Self-Evaluation 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 5:50 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments Dennis Arce, College Station, came before Council to state that he has ceased to file any new open records request because he now feels that council is doing what he believes needs to be done. 6. WORKSHOP ITEMS 6.1. Presentation, discussion, and possible action on the use of QR codes for historical purposes in College Station. Steve Wright, Parks and Recreation Director, stated that Parks and Recreation currently uses QR codes at several parks to inform citizens about the park amenities, maps of the park, and the park's history. Using an example from the Yaupon Loop area he demonstrated the use of a QR code and demonstrated many of the interactive features. He went on to explain that QR technology is currently used in some of the parks and propose using it to tell the history of historical markers across College Station, tourist destinations, eateries, trails, and conservation areas. These markers are an interactive way to engage citizens in learning more about the features and history of our city and with an investment of resources and staff time for research, design, signage, and information campaign we can build a network of QR enabled areas. 6.2. Presentation, discussion, and possible action regarding the annual traffic contact report required by Senate Bill 1074 of the Texas 77th legislative session. Billy Couch, Chief on Police, stated that this report is presented on a yearly basis in an effort to remain transparent to our community, the police department employs an independent consultant to analyze traffic contact data and develop this report. The report indicates that the department is in compliance with state law and continues to employ best practice strategies. Page 53 of 210 CCM031022 Minutes Page 3 The most recent Texas Racial Profiling Law requires that police department perform data audits in order to validate the data being reported. Consistent with this requirement, the College Station Police Department has engaged del Carmen Consulting to perform these audits in a manner consistent with normative statistical practices. The audit performed has shown that the data is valid and reliable. Further, as required by law, this report also includes an analysis on the searches performed. This analysis includes information on whether contraband was found as a result of the search while controlling for race/ethnicity. The search analysis demonstrates that the police department is engaging in search practices consistent with national trends in law enforcement. Chief Couch went on to state that the comprehensive analysis of the data included in this report demonstrates that the College Station Police Department has complied with the Texas Racial Profiling Law and all of its requirements. Further, the report demonstrates that the police department has incorporated a comprehensive racial profiling policy, currently offers information to the public on how to file a compliment or complaint, commissions quarterly data audits in order to ensure validity and reliability, collects and commissions the analysis of tier 2 data, and ensures that the practice of racial profiling will not be tolerated. 6.3. Presentation, discussion, and possible action on the naming of City facilities and symbols. Councilmember Crompton recused himself from this item. Jeff Capps, Deputy City Manager, stated that this item is requested by council to discuss the feasibility of naming or renaming several city owned sub-facilities after city elected officials or other notable individuals in the community. Specifically, the request was to look at renaming “The Green Room” meeting facility at Wolf Pen Creek Amphitheater, the renaming of the Northgate Pavilion, the renaming of the Lick Creek Nature Center, and renaming a sub-facility at Veterans Park. Also, to discuss the possibility of naming the podium in the Council Chambers after a former community member who often spoke at Council meetings. The current City policy was updated and adopted by Council in May of 2012. A majority of Council requested a sub-committee consisting of Councilmembers Brick, Maloney, and Cunha to discuss the feasibility of naming and/or renaming several city owned sub-facilities. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Items 7.5 and 7.8 were pulled from Consent for clarification. (7.5): Billy Couch, Chief of Police, stated that crossing guards fall under the Police Department under State Law and all City Management Services, Inc is a provider of crossing guard services at local school zones. This company provides similar services in the City of Bryan and the contract submitted would provide for these services for the school zones in the City of College Station. The current coverage of the school zones creates a heavy demand for the police department. This contract removes the burden of school zone coverage from the police department, providing capacity for staff to cover other necessary demands. Page 54 of 210 CCM031022 Minutes Page 4 (7.8): Michael Ostrowski, Planning and Development Director, stated that the zoning and development ordinance for the BioCorridor Planned Development District establishes a BioCorridor Board. The Board is comprised of representatives from the City of College Station, the City of Bryan, and the Texas A&M University System that are able to make subjective decisions and/or recommendations regarding appeals and waivers to District standards. The ordinance calls for the City Council to appoint three representatives from the City of College Station to the Board, including: • One City Council member and • Two Planning and Zoning Commissioners. Mr. Ostrowki explained that Planning and Zoning Commission considered this item at their February 17, 2022 regular meeting and voted to recommend Melissa McIlhaney and Bobby Mirza to be the two Planning and Zoning representatives to the BioCorridor Board. 7.1. Presentation, possible action, and discussion of minutes for: February 24, 2022 Council Meeting 7.2. Presentation, discussion, and possible action regarding the second renewal of an Annual Price Agreement, through a contract with Titan Utility Services, for the dielectric testing of electric utility vehicles, tools, and personal protective equipment (PPE). The total recommended award is for an amount not to exceed $132,052. 7.3. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Bullseye Site Services, LLC for the collection of recyclables from commercial businesses and multi-family locations. 7.4. Presentation, discussion, and possible action regarding a construction contract with Elliott Construction in the amount of $2,861,538 for the Carters Creek Wastewater Treatment Plant Lift Station and Force Main - Gravity Portion project and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. 7.5. Presentation, discussion, and possible action on a contract for crossing guard services with All City Management Services, Inc, in an amount not to exceed $108,356. 7.6. Presentation, discussion, and possible action on a five-year plotter and copier lease agreement with Ubeo, LLC for $105,823.20. 7.7. Presentation, discussion, and possible action regarding approval of annual price agreements with C.C. Creations for $75,000 and M&M Apparel for $50,000 totaling an estimated annual not-to-exceed amount of $125,000. 7.8. Presentation, discussion, and possible action regarding the appointment of Planning & Zoning Commission representatives to the BioCorridor Board. 7.9. Presentation, discussion, and possible action regarding Ordinance No. 2022-4337 consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. Page 55 of 210 CCM031022 Minutes Page 5 MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action on approving Ordinance No. 2022-4338 vacating and abandoning a 0.0604-acre portion of two 10-foot Public Utility Easements, said portion is centered along the shared property lines of 1531 & 1533 Pine Ridge Drive in the Parkway Plaza subdivision Phases 4 & 5, according to the plats recorded in Volume 372, Page 751 & Volume 373, Page 749, of the Deed Records of Brazos County, Texas. Parker Mathews, Planning and Development, stated that the public utility easement abandonment is being requested by the applicant because of a desired change in the lot layout in this area. This originally platted easement is no longer needed in this location because the utilities have been relocated and the applicant desires to construct a building across the shared lot line. The 0.0604-acre public utility easement is 20' wide, centered between lots 1531 & 1533 Pine Ridge Drive. At approximately 6:44 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:44 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022-4338, vacating and abandoning a 0.0604 acre portion of two 10-foot Public Utility Easements, said portion is centered along the shared property lines of 1531 & 1533 Pine Ridge Drive in the Parkway Plaza subdivision Phases 4 & 5, according to the plats recorded in Volume 372, Page 751 & Volume 373, Page 749, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 8.2. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2022-4339 Budget Amendment 2 amending Ordinance No. 2021-4286 which will amend the budget for the 2021-2022 Fiscal Year in the amount of $6,943,000. Michael DeHaven, Assistant Finance Director, stated that the proposed budget amendment is to increase the FY22 budget appropriations by $6,943,000 for increases in the cost of FY22 Police vehicles, the addition of two vehicles for the Electric Underground Crew, and the advance purchase of the FY23 scheduled vehicle replacements and Police ammunition. This amendment also includes interfund transfers totaling $6,407,000 that have no overall budget impact. The city has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The summary has the complete description of the items included on the proposed budget amendment and a description of the interfund transfers. If approved, the net revised budget appropriations will be $375,228,841. FY22 Budget Amendment 2 Budget Increase for Police Vehicles - $245,000 Electric Underground Crew Vehicles Purchase - $240,000 Advance Purchase of FY23 Replacement Vehicles - $6,407,000 (Budget Amendment) and $6,407,000 (Interfund Transfer) Page 56 of 210 CCM031022 Minutes Page 6 Advance Purchase of FY23 Police Ammunition - $51,000 At approximately 6:50 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:50 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022-4339, Budget Amendment 2 amending Ordinance No. 2021-4286 which will amend the budget for the 2021-2022 Fiscal Year in the amount of $6,943,000. The motion carried unanimously. 9. Council Calendar Council reviewed the calendar. 10. Items of Community Interest: The Council may receive reports from a Council Member or City Staff about items of community interest for which notice has not been given, including: expressions of thanks, congratulations or condolence; information regarding holiday schedules; honorary or salutary recognitions of a public official, public employee, or other citizen; reminders of upcoming events organized or sponsored by the City of College Station; information about a social, ceremonial or community event organized or sponsored by an entity other than the City of College Station that is scheduled to be attended by a Council Member, another city official or staff of the City of College Station; and announcements involving an imminent threat to the public health and safety of people in the City of College Station that has arisen after the posting of the agenda. Councilmember Nichols recognized the retirement of Troy Rother and his 18 years of service as College Station City Engineer. Councilmember Maloney recognized Tree City USA for Parks and Emily Fisher for being awarded Engineer of the Year by the Brazos Chapter of Texas Society of Professional Engineers (TSPE). 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Nothing to report. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Page 57 of 210 CCM031022 Minutes Page 7 Nothing to report. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 6:56 p.m. on Thursday, March 10, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 58 of 210 March 24, 2022 Item No. 8.2. Presentation, discussion, and possible action on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract (#WM09-20). Based on the attached contract unit pricing, the estimated annual expenditure for water meters is: $179,629.98. Sponsor:Michael DeHaven, Assistant Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract. The estimated annual expenditure for water meters is $179,629.98 Relationship to Strategic Goals: Financially Sustainable City Core Services and Infrastructure Recommendation(s): Staff recommends approval to purchase water meters from Aqua Metric Sales Company through the HGAC contract. Summary: Water meters will be purchased, stocked in the Water/Wastewater inventory, and expensed as necessary for the ongoing water meter replacement program. Aqua Metric Sales Company is the HGAC contract dealer for Sensus IPERL and OMNI water meters. Products and services offered through HGAC have been subjected to either the competitive bid or competitive proposal format based on Texas statutes under the Local Government Code Chapter 252. Budget & Financial Summary: Funds are budgeted and available in the Water/Wastewater Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Attachments: 1.Aqua Metric Sales Company - Quote Page 59 of 210 Sales Quote QT00004150 Aqua-Metric Sales Company February 11, 2022 Kelsey VanCleave 16914 Alamo Pkwy Bldg 2 | SELMA, TX 78154-1492 Phone: (210) 967-6300 | Facsimile: (210) 967-6305 Quote for: Attention: Address: Phone: Email: City, State, Zip:COLLEGE STATION, TX 77842-7973 Attn: Accounts Payable, Po Box 9973 City Of College Station (979) 764-3555 Line TotalUnit PriceQuantityDescription 75 EA 1,194.21 89,565.75OMNIC11-2 1 1/2" OMNI C2 1000 USG 45 EA 1,377.93 62,006.85OMNIC22" OMNI C2 1000 USG 6 EA 1,745.38 10,472.28OMNIC33" OMNI C2 1000 USG 2 EA 3,031.44 6,062.88OMNIC44" OMNI C2 1000 USG 2 EA 5,236.11 10,472.22OMNIC66" OMNI C2 1000 USG 125 EA 8.40 1,050.00TR/PLH TR/PL HOUSING ASSEMBLY 0.00Sales Tax 179,629.98Subtotal 179,629.98 This quote for the product and services named above is subject to the following terms: 1. All quotes are subject to the Aqua-Metric Terms of Sales. 2. Quote is valid for thirty days. 3. Freight allowed on single orders exceeding $10,000.00. 4. Net Thirty Days to Pay. 5. Returned production may be subject to a 25% restocking fee. 6. Sales Tax and/or Freight charges are approximated and may vary on final invoice. Total Page 1 of 1Proprietary and Confidential Page 60 of 210 March 24, 2022 Item No. 8.3. Facilities Interlocal Agreement Sponsor:Steve Wright Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action related to an Interlocal Agreement (ILA) between the College Station Independent School District and the City of College Station for joint facility use. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ILA. CSISD school board approved the agreement in their February meeting. Summary: In a shared effort to meet the needs of local youth, groups and community guests, the Parks & Recreation Dept. works with the College Station Independent School District to maximize space and use of the facility inventory. This ILA details available facilities and pricing agreements for both entities. Budget & Financial Summary: Attachments: 1.City of CS - CSISD Facility Use ILA 2.22 Page 61 of 210 INTERLOCAL AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN COLLEGE STATION INDEPENDENT SCHOOL DISTRICT AND THE CITY OF COLLEGE STATION,TEXAS THIS AGREEMENT is made and entered into by and between COLLEGE STATION INDEPENDENT SCHOOL DISTRICT (hereinafter referred to as "CSISD"),and the CITY OF COLLEGE STATION,TEXAS,(hereinafter referred to as the "City"),a Texas Home Rule Municipal Corporation.(CSISD and the City may be referred to hereinafter either individually as the "Party"or "Agency"or collectively as the "Parties"or the "Agencies".) WHEREAS,CHAPTER791 OF THE TEXAS GOVERNMENTCODE,also known as the INTERLOCALCOOPERATIONACT,(the "Act"),authorizes all local governments to contract with each other to provide a governmental function or service that each Party to the contract is authorized to perform individually and in which the contracting Parties are mutually interested, such as administrative functions,planning,parks and recreation and engineering;and WHEREAS,the City is a Home-Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLEII,SECTION5 OFITSCITY CHARTER;and WHEREAS,CSISD is an independent school district and is authorized to enter into this Agreement pursuant to the approval of its board of trustees;and WHEREAS,the City and CSISD represent that each is independently authorized to perform the functions contemplated by this Agreement;and WHEREAS,the governing bodies of the City and CSISD are mutually interested in providing high quality programs for education and recreation activities (herein referred to as "Programs")for the citizens of College Station in a cost-effective manner;and WHEREAS,full cooperation between the City and CSISD is necessary to achieve the best services for the citizens of College Station in a cost effective manner;and WHEREAS,City and CSISD desire to facilitate cooperation by entering into an agreement for joint usage of City and CSISD facilities;and WHEREAS,no separate entity will be created pursuant to this agreement;and WHEREAS,the authority to administer this Agreement may be delegated by the City and CSISD to the City Manager and the Superintendent or their designees; NOW THEREFORE,the City and CSISD herein enter into this Agreement pursuant to the above-named Act to authorize their representatives to cooperate by allowing the joint use of Contract No._ CSISD Facility Joint Use fLA-2022 CRC 01-11-2022 Page 1 of 10 Page 62 of 210 areas and facilities (herein referred to collectively as "Facilities")under the following terms and conditions: Article I Term 1.1 The term of this Agreement shall be three (3)years commencing on the date upon which the Agreement is approved by both parties.Thereafter,this Agreement shall have a one time automatic renewal for an additional two (2)year term for a maximum term of five (5)years. 1.2 Any Party to this agreement may terminate its participation in this Agreement by providing sixty (60)days'written notice.In the event of termination of this Agreement,compensation will be made to the Parties for all services performed to the date of termination. Article II Facilities Usage 2.1 City and CSISD agree to joint usage of designated Facilities,listed in Exhibit "A",owned by either Party,including,but not limited to,auditoriums,football fields,tracks, gymnasiums,cafeterias,banquet rooms,meeting rooms,restrooms,and parking areas. City Parks and Recreation Department and CSISD Superintendent shall create a list of all City and CSISD facilities that,the Parties agree,shall be subject to this Agreement and the Administrative Regulations contained herein.The list of facilities shall be attached and incorporated into this Agreement as Exhibit "A".City Parks and Recreation Department and CSISD Superintendent may revise this list of designated facilities,III writing,as necessary,without the approval of each Party's governing body. 2.2 All established Facility rules and regulations will apply to users from both Parties.Costs associated with the Program will be the responsibility of the Party using the Facility for the Program. 2.3 Each Agency shall be responsible for the maintenance,utilities and janitorial services for their own Facilities regardless of which Agency uses the Facility except as otherwise provided herein.The Party using the Facility shall be responsible for reasonable care and protection of the Facility and equipment provided for its Programs as well as for any damages that may occur as a result of these Programs,except for normal wear and tear. 2.4 Each Agency will submit to the other Agency no later than September 1st of each year, a schedule of proposed dates for the use of the Facilities for the next following calendar year. 2.5 Each Agency will have first priority for use of their respective Facilities. Contract No._ CSISD Facility Joint Use ILA-2022 CRe 01-11-2022 Page 2 of 10 Page 63 of 210 2.6 Each Party shall receive an estimated cost of rentals and fees at the time of reservation. Each Party shall submit an invoice requesting payment at least fourteen (14)calendar days after the scheduled used of the facility,requesting payment for activities,products,and services provided.Payment(s)shall be made within thirty (30)calendar days of approval of the invoice. 2.7 The City shall be designated as a Group 3 for all events held for the benefit of the Bryan/College Station area and not for the purpose of generating profit. Article III Fees and Payment 3.1 CSISD shall reimburse the City for use of City facilities as set forth in Exhibit "8". 3.2 City shall reimburse the CSISD for use of CSISD facilities as set forth in Exhibit "C". 3.3 Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party. 3.4 Each Party shall submit an invoice requesting payment within fourteen (14)calendar days of the of the Program start date,requesting payment the facility provided.Payment(s)shall be made within thirty (30)calendar days of receipt of approved invoices. 3.5 City shall be charged as a "Group 3"for all events that are hosted for the benefit of citizens of the Bryan/College Station area.The Parties agree to negotiate fees associated with any event held with invitations sent outside the Bryan/College Station area or with the intent to make a profit. 3.6 Each Party may revise the fees established by this Agreement with forty-five (45)days notice to the other Party. Article IV Indemnification The City and CSISD each individually agree to hold the other harmless from and against any and all claims,losses,damages,causes of action,suits,and liabilities of every kind,including but not limited to,all expenses of litigation,court costs,and attorney's fees,for injury or death of any person or damage to any property,arising out of or in connection with the facility use under this Agreement. The Parties understand and agree that each Party is a "Governmental Unit"as that term is defined in Section 101.001(3)of the Texas Civil Practice Code.The Parties further understand and agree that they are entitled to the rights,protections,and limitations which Title 5 of the Texas Civil Practice and Remedies Code provides for Governmental Units, including the protections and limitations afforded under Chapter 101 of the Texas Civil Practice and Remedies Code.The Parties agree to indemnify and hold the other Party and Contract No._ CSISD Facility Joint Use ILA-2022 CRC 01-1 1-2022 Page 3 of 10 Page 64 of 210 its elected officials,officers,trustees,directors,employees,volunteers,and agents harmless from claims,demands,causes of action,suits,damages,costs,and attorney fees,in favor of any third party,subject to the following:(a)the Party's obligation to indemnify extends only to those claims,demands,suits,causes of action,damages,costs,or attorney fees,which arise out of or are connected with their own acts or negligence;and (b)the Party's obligation to indemnify is subject to Title 5 of the Texas Civil Practice and Remedies Code. Notwithstanding anything which may be construed to the contrary herein,the Party's liability to indemnify will only exist to the extent and to the limits that it would itself otherwise be exposed to liability under Title 5 of the Texas Civil Practice and Remedies Code. Article V Miscellaneous 5.1 This Agreement supersedes and cancels all prior oral or written undertakings, understandings,agreements or negotiations concerning the joint use of facilities the subject of this Agreement. 5.2 If any provision of this Agreement shall be held to be invalid,illegal or unenforceable by a court or other tribunal of competent jurisdiction,the validity,legality,and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.The Parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 5.3 Unless otherwise specified,written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. College Station Independent School District 1812 Welsh College Station,Texas 77840 Attn:Superintendent of Schools City of College Station P.O.Box 9960 College Station,Texas 77842 Attn:City Manager 5.4 It is understood that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements,arrangements,or understandings between the Parties relating to the subject matter.No oral understandings,statements,promises or inducements contrary to the terms of this Agreement exist.This Agreement cannot be changed or terminated orally.No verbal agreement or conversation with any officer,agent or employee of the City,either before or after the execution of this Agreement,shall affect or modify any of the terms or obligations hereunder. 5.5 No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of each Party. 5.6 This Agreement has been made under and shall be governed by the laws of the State of Texas. 5.7 Performance and all matters related thereto shall be in Brazos County,Texas. Contract No._ CSISD Facility Joint Use ILA-2022 CRe 01-11-2022 Page 4 of 10 Page 65 of 210 5.8 Each Party has the full power and authority to enter into and perform this Agreement,and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement.The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 5.9 Failure of either Party,at any time,to enforce a provision of this Agreement,shall in no way constitute a waiver of that provision,nor in any way affect the validity of this Agreement, any part hereof,or the right of the Parties thereafter to enforce each and every provision hereof.No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party claimed to have waived.Furthermore,any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 5.10 The Parties acknowledge that they have read,understand and intend to be bound by the terms and conditions of this Agreement. 5.11 This Agreement and the rights and obligations contained herein may not be assigned by either Party without the prior written approval of the other Party. 5.12 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. Contract No._ CSISD Facility Joint Use !LA-2022 CRC 01-11-2022 Page 5 of 10 Page 66 of 210 EXECUTED on this the ,2022. COLLEGE STATION INDEPENDENT SCHOOL DISTRICT By:J/(//1 J-:- Superintendent,College Station Independent School District STATE OF TEXAS § § COUNTY OF BRAZOS § ACKNOWLEDGMENT 15111 day of ft&WAg..'-1 ndent of College S~ar~,n ~~dependent -'~MVJl This instrument was acknowledged before me on the 2022,by MI 1(.'<..~t\ILT/~L-,tin his capacity as Superin School District,a political subdivision,on its behalf. Notary Public in and for the State of Texas My Commission expires on:JlY'\L 4,1_t{L'l.. Contract No._ CSISD Facility Joint Use ILA-2022 CRC 01-11-2022 Page 6 of 10 Page 67 of 210 CITY OF COLLEGE STATION By:_ Mayor,City of College Station Attest:_ City Secretary APPROVED: City Manager Date City Attorney Date Asst.City Manager Date STATE OF TEXAS § § § ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged before me on the day of _ 2022,by ,in his capacity as Mayor of the City of College Station,a Texas home-rule municipality,on behalf of said municipality. Notary Public in and for the State of Texas My Commission expires on:_ Contract No .._ CSISD Facility Joint Use !LA-2022 CRC 01-11-2022 Page 7 of 10 Page 68 of 210 Exhibit A Facilities List High Schools: A&M Consolidated -Auditorium &Cafeteria College Station HS -Auditorium &Cafeteria (Athletic facilities are available for special events only -not general use) Middle Schools - A&M Consolidated MS -Cafeteria College Station MS -Cafeteria Welborn MS -Cafeteria (Athletic facilities are available for special events only -not general use) Intermediate Schools (Cafeteria &Gymnasiums): Pecan Trail -Cafeteria,Gymnasium Cypress Grove -Cafeteria,Gymnasium Oakwood -Cafeteria,Gymnasium Elementary (Cafeteria &Gymnasiums): College Hills Riverbend Creek View Rock Prairie Forest Ridge Spring Creek Greens Prairie South Knoll Pebble Creek Southwood Valley Other: Natatorium Contract No._ CSISD Facility Joint Use ILA-2022 CRC 01-1 J -2022 Page 8 of 10 Page 69 of 210 Exhibit B City of College Station Facility Rental Fees Pavilions-No fee Pool rentals-50%of regularly charged fee Daily passes-50%of regularly charged fee Contract No._ CSISD Facility Joint Use ILA-2022 CRC 01-11-2022 Page 9 of 10 Page 70 of 210 Exhibit C College Station Independent School District Facility Rental Fees Fees: City of College Station is under the following fee group: Group 3 -Hosting events that are mainly for the BCS community and not for the purpose of generating a profit. An exception is when City hosts events with invitations outside of the BCS area,fees are charged,and there is an intent to make a profit.Fees for these events will be negotiated based on the dates,times and facilities requested. Elementary &Intermediate - Monday thru Friday Group 3 and premise vacated by 9:30pm--No Fee Charged.If outside of those hours 50%of group 3 rates Saturday-Sunday Group 3 -50%of group 3 rates Middle Schools - Cafeteria is same as Elementary &Intermediate Athletic facilities -negotiated based on the date,time and event. High Schools - Cafeteria -Same as elementary school Auditorium -50%of group 3 rates Natatorium -CSISD fee schedule **The above are rental fees only.If there is additional support required,the amounts will be added. Contract No._ CSISD Facility Joint Use £LA-2022 CRC 01-11-2022 PagelOoflO Page 71 of 210 March 24, 2022 Item No. 8.4. Bullseye Site Services, LLC Franchise Agreement Ordinance Sponsor:Emily Fisher, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the second reading of a franchise agreement ordinance with Bullseye Site Services, LLC for the collection of recyclables from commercial businesses and multi-family locations. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: The proposed agreement would allow Bullseye Site Services LLC to collect recyclables from commercial businesses and multi-family locations within the City of College Station. The company will be responsible for developing on-site collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Budget & Financial Summary: N/A Attachments: 1.22300260 Bullseye Site Services LLC - Recyclables Franchise Agreement Page 72 of 210 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 22300260 N/A N/A Recyclables Collection Franchise Agreement Bullseye Site Services, LLC N/A n n n n n n Two City Council readings required for this Franchise Agreement; scheduled for March 10, 2022 & March 24, 2022. N/A 3/10/22 & 3/24/22 N/A N/A N/A 2/2/2022 2/2/2022 2/2/2022 Page 73 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 1 of 16 ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, BULLSEYE SITE SERVICES, LLC, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION (“CITY”) FOR THE PURPOSE OF PROVIDING COLLECTION OF DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI-FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter’s authority and grant a non-exclusive franchise to Contractor for collection of demolition and construction debris and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Page 74 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 2 of 16 Table of Contents Article I. Definitions ...................................................................................................................... 3 Article II. Grant of Authority and Acceptance .............................................................................. 4 Article III. Payment and Term ....................................................................................................... 4 Article IV. Access to Records & Reporting ................................................................................... 6 Article V. Rates to be Charged by Contractor ............................................................................... 6 Article VI. Appearance of Personnel and Equipment .................................................................... 6 Article VII. Collection and Transport of Recyclables ................................................................... 7 Article VIII. Placement of Receptacles ......................................................................................... 7 Article IX. Service Complaints ...................................................................................................... 7 Article X. Disposal and Processing ............................................................................................... 8 Article XI. Violation and Penalty .................................................................................................. 8 Article XII. Insurance .................................................................................................................... 8 Article XIII. Indemnification and Release ..................................................................................... 9 Article XIV. Disputes and Mediation ............................................................................................ 9 Article XV. General Terms .......................................................................................................... 10 Exhibit A. Schedule of Rates ....................................................................................................... 13 Exhibit B. Insurance Requirements ............................................................................................. 14 I) Standard Insurance Policies Required: .............................................................................. 14 II) General Requirements Applicable to All Policies: ............................................................ 14 III) Commercial General Liability ........................................................................................ 14 IV) Business Automobile Liability ....................................................................................... 15 V) Workers’ Compensation Insurance ................................................................................ 15 Exhibit C. Certificates of Insurance ............................................................................................. 16 Page 75 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 3 of 16 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager’s designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Page 76 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 4 of 16 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll-Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non-Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights-of-way on, along, and across City streets, highways, alleys, public places and all other real property for collecting demolition and construction debris, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City’s residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City’s governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: Page 77 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 5 of 16 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Page 78 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 6 of 16 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor’s facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor’s records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor’s markets and prices paid for each type of material’s return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month’s collection. This report is due to the City’s Representative no later than the twentieth (20th) calendar day of each month. Contractor’s report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City’s Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City’s Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Page 79 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 7 of 16 6.2 Signage. Contractor’s vehicles shall at all times be clearly labeled with Contractor’s name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor’s roll-offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12”) in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City-approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll-offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll-offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City’s Representative. City reserves the right to designate the exact location of any or all roll-offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City’s collection of municipal solid waste. Under no circumstances shall contractor place roll-offs, compactors, or receptacles in existing enclosures designated for City roll-offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Page 80 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 8 of 16 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City’s Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non-recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City-approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY 11.1 Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Page 81 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 9 of 16 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement’s administration. The officers or representatives shall meet within thirty (30) days of either party’s request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non-binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator’s services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Page 82 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 10 of 16 ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days’ written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Page 83 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 11 of 16 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties’ state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station BULLSEYE SITE SERVICES, LLC Attn: Michael Lucas, Fiscal Services Attn: Cameron Blackwood, Owner PO BOX 9960 1744 Country Rd. 119 College Station, TX 77842 Caldwell, TX 77836 mlucas@cstx.gov cameron@bullseyesiteservices.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the day of , 2022. b. Second Consideration & Approval on the day of , 2022. Page 84 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 12 of 16 BULLSEYE SITE SERVICES, LLC CITY OF COLLEGE STATION By: By: Mayor Printed Name: Cameron Blackwood Title: Owner Date: ________________ Date: ATTEST: City Secretary Date: _____________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Assistant City Manager/CFO Date: _____________ 2/2/2022 2/2/2022 2/2/2022 Page 85 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 13 of 16 EXHIBIT A. SCHEDULE OF RATES I. Contractor’s base rates are set forth below, and may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs 30 Yard Dumpster Cost/Pull (+tonnage @ $32/ton) $315.00 Relocation $100.00 21 Yard Dumpster Cost/Pull (+tonnage @ $32/ton) $275.00 Relocation $100.00 17 Yard Dumpster Cost/Pull (+tonnage @ $32/ton) $275.00 Relocation $100.00 13 Yard Dumpster Cost/Pull (+tonnage @ $32/ton) $275.00 Relocation $100.00 979-587-2021 Page 86 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 14 of 16 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance e. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Page 87 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 15 of 16 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V. Workers’ Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Page 88 of 210 Contract No. 22300260 Recyclable Collection Franchise Ordinance Page 16 of 16 EXHIBIT C. CERTIFICATES OF INSURANCE Page 89 of 210 1/28/2022 J.S. Ward and Son, Inc. 101 South Fourth Street Artesia NM 88210-2177 Terry Hummel (575)746-2796 (575)746-4244 terryh@jswardandson.com Bullseye Site Services, LLC Bullseye Roll Off Dumpsters, LLC 1744 County Rd 119 Caldwell TX 77836 Penn-America Insurance Company 32859 Progressive County Mutual Ins Co Texas Mutual Insurance Company 22.23 GL BA; 21.22 WC A X X X X PAV0292475 1/27/2022 1/27/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 Included Deductible 500 B X X X X 955606536 1/27/2022 1/27/2023 1,000,000 C Y 0002070598 11/24/2021 11/24/2022 X 1,000,000 1,000,000 1,000,000 General Liability includes Additional Insured with Primary and Non-contributory as per written contract. Work Comp includes Blanket Waiver of subrogation as per written contract. Business Auto includes Scheduled Additional insured. Insured Vehicle: 2013 Ford F250 Pickup, s/n: 1FT7W2BT9DEA32275 City of College Station PO Box 9960 College Station, TX 77842 Anna Whitmire/TEH Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401)Page 90 of 210 March 24, 2022 Item No. 8.5. Jetsam Removals & Roll-Offs LLC Franchise Agreement Ordinance Sponsor:Emily Fisher, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Jetsam Removals & Roll-Offs LLC for the collection of recyclables from commercial businesses and multi-family locations. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval of this franchise agreement ordinance. Summary: The proposed agreement would allow Jetsam Removals & Roll-Offs LLC to collect recyclables from commercial businesses and multi-family locations within the City of College Station. The company will be responsible for developing on-site collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Budget & Financial Summary: N/A Attachments: 1.223003~1 Page 91 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 1 of 16 ORDINANCE NO. RECYCLABLES COLLECTION FRANCHISE AGREEMENT AN ORDINANCE GRANTING CONTRACTOR, JETSAM REMOVALS & ROLL-OFFS LLC, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE FOR THE PRIVILEGE AND USE OF PUBLIC STREETS, ALLEYS, AND PUBLIC RIGHTS OF WAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COLLEGE STATION (“CITY”) FOR THE PURPOSE OF PROVIDING COLLECTION OF DEMOLITION AND CONSTRUCTION DEBRIS, RECYCABLES, AND ORGANIC WASTE FROM COMMERCIAL, INDUSTRIAL, AND MULTI-FAMILY SITES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS, AND LIMITATIONS UNDER WHICH SAID FRANCHISE SHALL BE EXERCISED; PROVIDING FOR THE CONSIDERATION; FOR THE PERIOD OF THE GRANT; FOR ASSIGNMENT; FOR THE METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING ORDINANCES; FOR PARTIAL INVALIDITY. WHEREAS, the City, by ordinance, exclusively provides all solid waste collection and disposal services for solid waste aggregated from within the City limits including, but not limited to Recyclables; and WHEREAS, the City pursuant to City Charter Article XI, may grant franchises to entities for use of public streets, alleys, and highways for collection of Solid Waste and Recyclables generated within the City limits; and WHEREAS, the City of College Station desires to exercise the Charter’s authority and grant a non-exclusive franchise to Contractor for collection of demolition and construction debris and other waste for disposal using roll off containers, and recyclable materials, and organic waste from multifamily and commercial locations for the purpose of recycling. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, Page 92 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 2 of 16 Table of Contents Article I. Definitions ...................................................................................................................... 3 Article II. Grant of Authority and Acceptance .............................................................................. 4 Article III. Payment and Term ....................................................................................................... 4 Article IV. Access to Records & Reporting ................................................................................... 6 Article V. Rates to be Charged by Contractor ............................................................................... 6 Article VI. Appearance of Personnel and Equipment .................................................................... 6 Article VII. Collection and Transport of Recyclables ................................................................... 7 Article VIII. Placement of Receptacles ......................................................................................... 7 Article IX. Service Complaints ...................................................................................................... 7 Article X. Disposal and Processing ............................................................................................... 8 Article XI. Violation and Penalty .................................................................................................. 8 Article XII. Insurance .................................................................................................................... 8 Article XIII. Indemnification and Release ..................................................................................... 9 Article XIV. Disputes and Mediation ............................................................................................ 9 Article XV. General Terms .......................................................................................................... 10 Exhibit A. Schedule of Rates ....................................................................................................... 13 Exhibit B. Insurance Requirements ............................................................................................. 14 I) Standard Insurance Policies Required: .............................................................................. 14 II) General Requirements Applicable to All Policies: ............................................................ 14 III) Commercial General Liability ........................................................................................ 14 IV) Business Automobile Liability ....................................................................................... 15 V) Workers’ Compensation Insurance ................................................................................ 15 Exhibit C. Certificates of Insurance ............................................................................................. 16 Page 93 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 3 of 16 ARTICLE I. DEFINITIONS 1.1 Agreement means this Franchise Agreement adopted by City Ordinance between City and Contractor for the collection of Recyclables within the City limits. 1.2 Approved Customers means those designated premises located within the City that generate Recyclables. 1.3 Brazos Valley Solid Waste Management Agency, Inc. (BVSWMA, Inc.) means the permitted municipal solid waste landfill and compost facility owned and operated by a Texas local government corporation. 1.4 City Council or Council means the governing body of the City of College Station, Texas. 1.5 City means the City of College Station, a Texas Home Rule Municipal Corporation. 1.6 City's Representative means the Recycling & Environmental Compliance Manager or the Manager’s designated appointee. 1.7 Collection means the scheduled aggregation of Recyclables by Contractor. 1.8 Construction and Demolition Debris means buildings material waste resulting from demolition, remodeling, repairs, or construction, as well as materials discarded during periodic temporary facility clean-up generated within the City. 1.9 Contaminated means Recyclables mixed with solid waste or altered in a way that results in materials being unrecyclable or un-compostable. 1.10 Contractor means the Contractor franchised for the collection of Recyclables. 1.11 Customers means the locations designated by the City as a Commercial Business or Multifamily Residence. 1.12 Organic Waste means waste of biological origin recovered from the solid waste stream for the purposes of reuse, reclamation, or compost. Organic Waste is not solid waste, unless it is abandoned or disposed of, rather than reprocessed into another product. 1.13 Receptacle means a weatherproof container easily identifiable and designated for recycling or organic waste collection and shall not be made of any temporary materials. 1.14 Recyclables or Recyclable Materials mean materials, including construction and demolition debris recovered from the solid waste stream for the purpose of reuse or reclamation, a substantial portion of which are consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Recyclable materials are not solid waste unless they are abandoned or disposed of as garbage rather than reprocessed into another product. Page 94 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 4 of 16 1.15 Residue means the materials regularly associated with and attached to Recyclables, as a part of the original packaging or usage of that material that is not recyclable or compostable. 1.16 Roll-Off / Compactor means a container of varying capacity used for Recyclables collection. 1.17 TAC means the Texas Administrative Code now and as amended. 1.18 TCEQ means the Texas Commission on Environmental Quality. ARTICLE II. GRANT OF AUTHORITY AND ACCEPTANCE 2.1 Non-Exclusive. City grants Contractor a non-exclusive franchise to operate and establish Recyclables collection from designated Customers. Nothing in this Agreement shall be construed as granting an exclusive franchise or right. City grants Contractor passage and rights-of-way on, along, and across City streets, highways, alleys, public places and all other real property for collecting demolition and construction debris, recyclables and organic waste from commercial, industrial, multifamily and residential construction sites for the purpose of disposal and/or recycling within the jurisdictional limits of the City. Contractor is expressly prohibited from collecting any recyclables from completed residences that are covered by the City’s residential single stream recycling contract and program. All collection, work, activity, and undertakings by Contractor are subject to this Agreement and City’s governmental and police powers. 2.2 Acceptance. By accepting this Agreement, Contractor represents it has, by careful examination, satisfied itself as to the nature and location of the services, character, quality, and quantity of services to be performed, the character of the equipment and facilities necessary to fulfill obligations under this Agreement, as well as the general and local conditions and all other matters affecting services performed under this Agreement. 2.3 Option to Market Materials. If City develops services or programs resulting in materials that may be recycled or composted, including but not limited to residential construction sites, multifamily, or commercial recycling or composting, the City shall have the option to market those to any contractor. 2.4 Contract with City. If City and Contractor contract for the collection and recycling or composting of materials, those terms will be incorporated into this Agreement by amendment. ARTICLE III. PAYMENT AND TERM 3.1 Franchise Fee. For and in consideration of the grant of the franchise herein, Contractor agrees and will pay a Franchise Fee during the term of this Agreement, a sum based on the following graduated fee schedule depending on the percentage of aggregate recycling or composting accomplished: Page 95 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 5 of 16 a. A fee is required, equivalent to five percent (5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor's provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least sixty percent (60%) of Recyclables collected. b. A fee is required, equivalent to six and one half percent (6.5%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting of at least fifty-five percent (55%) but less than sixty percent (60%) of Recyclables collected. c. A fee is required, equivalent to eight percent (8%) of Contractor's monthly gross revenues, delivery revenues, and hauling revenues; including rates as described in Exhibit A, generated from Contractor’s provision of Recyclables collection services within the City if Contractor reports aggregate recycling or composting less than fifty-five percent (55%) of Recyclables collected. 3.2 Payments. Revenue received by Contractor from this Agreement is subject to the Franchise Fee and shall be computed into Contractor's monthly gross revenues, delivery revenues, hauling revenues, and rates, as described in Exhibit A. Payment will be paid quarterly to the City, and shall be due by the twentieth (20th) day of the month following the end of the previous calendar quarter. Payment after that date shall incur a ten percent (10%) late fee on the outstanding account balance under Article V. 3.3 Failure to Pay. Failure by Contractor to pay any amount due under this franchise constitutes a Failure to Perform under this contract and is subject to the provisions of Article XV. General Terms of this Agreement (Termination for Cause). 3.4 Franchise Fee Requirements. Payments must state on a form approved by the City: a. The number and type of Customers collected from, for the previous quarter, for Customers included in this Agreement. b. The total tons landfilled, recycled or composted, within the jurisdictional limits of the City, for the previous quarter. c. The total gross revenues for the previous calendar quarter, for revenues generated under this agreement. d. The total payment amount. 3.5 Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date of acceptance and approval by City Council. Page 96 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 6 of 16 ARTICLE IV. ACCESS TO RECORDS & REPORTING 4.1 Facilities. The City shall have the right to inspect the Contractor’s facilities, equipment, personnel, and operations to ensure compliance with this Agreement. 4.2 Records. The City shall have the right to inspect Contractor’s records, receipts, and all documentation relating to the performance of this Agreement. Those records include, but are not limited to, information concerning the quality and quantity of Recyclables collected, processed, and sold; number of Customers served, gross amounts paid to and paid by Contractor from the sale/processing of Recyclables. The City agrees to notify the Contractor at least twenty-four (24) hours prior to such inspection of operations and/or records. 4.3 Records Retention. Contractor shall retain all records associated with this Agreement for a period of four (4) years. City shall have access to information regarding Contractor’s markets and prices paid for each type of material’s return/cost; all information obtained by City marked confidential or proprietary shall remain confidential or proprietary pursuant to the Texas Open Records Act. 4.4 Activity Report. Contractor shall provide a Monthly Recycling Activity Report, on a form approved by the City, summarizing the previous month’s collection. This report is due to the City’s Representative no later than the twentieth (20th) calendar day of each month. Contractor’s report shall include the following information: a. The Customer collection count, itemized by customer type. b. Total tonnage of materials collected, recycled, composted and/or landfilled, itemized by type of material, within the jurisdictional limits of the City. c. Any other information concerning the collections as required by the City’s Representative. ARTICLE V. RATES TO BE CHARGED BY CONTRACTOR 5.1 The Contractor shall follow the Schedule of Rates attached hereto as Exhibit A for the services described herein. The rates provided shall be kept current and made available to the City’s Representative within thirty (30) days of an adopted rate change. The Contractor agrees to use due diligence to keep costs from increasing. ARTICLE VI. APPEARANCE OF PERSONNEL AND EQUIPMENT 6.1 Equipment. Contractor shall ensure all collection equipment and vehicles are attractively painted, well maintained and are in good working condition. Equipment must be washed at least one time per week. Equipment and vehicles must have sufficient carrying capacity for safe and efficient collection. The City shall have the right to inspect and approve the appearance of collection equipment. A standby vehicle shall be available at all times for collection. Page 97 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 7 of 16 6.2 Signage. Contractor’s vehicles shall at all times be clearly labeled with Contractor’s name and phone number in visible letters and numbers not less than three (3) inches in height. Signage must be on both sides of the vehicle and placed in a conspicuous place. Only labeled vehicles shall perform collection activities under this Agreement. Contractor’s roll-offs, compactors, and receptacles must be clearly marked as used for collection in letters at least twelve inches (12”) in height on each side of the container. 6.3 Personnel. All collection personnel shall wear a City-approved uniform to include, at minimum, matching labeled shirts with denim jeans or other standard work attire. ARTICLE VII. COLLECTION AND TRANSPORT 7.1 Transport. The Contractor shall only transport collected materials for storage, processing, disposal, or other necessary handling to locations in a manner permitted by the terms of this Agreement as well as federal, state, and local law. This Agreement does not authorize Contractor to utilize the streets, alleys, and public ways to dispose of municipal solid waste or any other type of waste intended for disposal from any other project. 7.2 Cover. During transport of materials all vehicles shall be covered to prevent release of litter. ARTICLE VIII. PLACEMENT OF RECEPTACLES 8.1 Placement. All roll-offs, compactors, and receptacles placed in service shall be located in such a manner so as not to be a safety or traffic hazard. Under no circumstances shall Contractor place roll-offs, compactors, or receptacles on public streets, alleys, or thoroughfares without prior approval of the City’s Representative. City reserves the right to designate the exact location of any or all roll-offs, compactors, or containers placed in service in the City. 8.2 City Collection. Collections shall not interfere with the City’s collection of municipal solid waste. Under no circumstances shall contractor place roll-offs, compactors, or receptacles in existing enclosures designated for City roll-offs, compactors, and receptacles. ARTICLE IX. SERVICE COMPLAINTS 9.1 Nature of Complaint. Contractor shall handle directly any complaints pertaining to customer service, property damage, or personal injury from their commercial business and multifamily Recyclables collection service. 9.2 Intake. Contractor shall develop written practices and procedures for receiving and resolving Customer complaints and collection issues. Any complaint received by the City shall be forwarded to the Contractor within one (1) business day of receipt. Page 98 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 8 of 16 9.3 Response. Contractor shall respond to all complaints within one (1) business day of receiving a complaint from a Customer or notice of complaint from the City. Regardless of the nature of the complaint, Contractor shall report the action taken to the City in accordance with Article IV. Access to Records & Reporting. 9.4 Complaint Charges. Upon receipt of ten (10) Customer complaints within a forty-five (45) day period, Contractor shall be assessed a charge of Three Hundred Dollars ($300.00). Complaints are to be verified by the Contractor and the City’s Representative. The City shall invoice the Contractor such charges. ARTICLE X. DISPOSAL AND PROCESSING 10.1 Disposal Site. Unless approved otherwise in writing by the City, Contractor shall utilize BVSWMA, Inc. Landfill for the disposal of all non-recyclable waste material collected by Contractor within the corporate limits of the City. 10.2 Processing Facility. Contractor shall only use a City-approved recycling or composting facility for processing of all Recyclables collected by Contractor within the corporate limits of the City under this Agreement. ARTICLE XI. VIOLATION AND PENALTY 11.1 Fine. It shall be unlawful for any person, firm or corporation to violate any provision or term of this Agreement and they shall receive a citation and fine not to exceed $2,000.00 per offense per day. Each and every day a violation continues constitutes a separate offense. 11.2 Remedies. In addition to any rights set out elsewhere in this Agreement, or other rights the City may possess at law or equity, the City reserves the right to apply any remedies, alone or in combination, in the event Contractor violates any provision of this Agreement. The remedies provided for in this Agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the City at law or equity. ARTICLE XII. INSURANCE 12.1 The Contractor shall procure and maintain, at its sole cost and expense for the term of this Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its agents, representatives, volunteers, employees, or subcontractors. 12.2 The Contractor's insurance shall list the City of College Station, its employees, agents, volunteers, and officials as additional insureds. Insurance requirements are attached in Exhibit B. Certificates of insurance evidencing the required insurance coverages are attached in Exhibit C. Page 99 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 9 of 16 ARTICLE XIII. INDEMNIFICATION AND RELEASE 13.1 Indemnification. Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or for damage to any property arising out of or in connection with the work and services done by the Contractor under this Agreement. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. 13.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work and services to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE XIV. DISPUTES AND MEDIATION 14.1 Disputes. If a dispute arises between City and Contractor during this Agreement, the dispute shall first be referred to the operational officers or representatives designated by the parties having oversight of the Agreement’s administration. The officers or representatives shall meet within thirty (30) days of either party’s request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. 14.2 Mediation. If the parties are not able to resolve the dispute under the procedure in this article, then the parties agree the matter shall be referred to non-binding mediation. The parties shall mutually agree upon a mediator to assist in resolving their differences. If the parties cannot agree upon a mediator, the parties shall jointly obtain a list of three (3) mediators from a reputable dispute resolution organization and alternate striking mediators on that list until one remains. A coin toss shall determine who may strike the first name. If a party fails to notify the other party of which mediator it has stricken within two (2) business days, the other party shall select the mediator from those mediators remaining on the list. The parties shall pay their own expenses of any mediation and will share the cost of the mediator’s services. 14.3 Other Remedies. If the parties fail to achieve a resolution of the dispute through mediation, either party may then pursue any available judicial remedies. Page 100 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 10 of 16 ARTICLE XV. GENERAL TERMS 15.1 Performance. Contractor, its employees, associates, or subcontractors shall perform all the services in a professional manner and be fully qualified and competent to perform those services. 15.2 Termination. a. For Convenience. At any time, the City or Contractor may terminate this Agreement for convenience, in writing with thirty (30) days’ written notice. City shall be compensated for outstanding Franchise Fees. b. For Cause. City may terminate this Agreement if Contractor materially breaches or otherwise fails to perform, comply with or otherwise observe any of the terms and conditions of this Agreement, or fails to maintain all required licenses and approvals from federal, state, and local jurisdictions, and fails to cure such breach or default within thirty (30) days of City providing Contractor written notice, or, if not reasonably capable of being cured within thirty (30) calendar days, within such other reasonable period of time upon which the parties may agree. c. Hearing. This Agreement shall not be terminated except upon a majority vote of the City Council, after giving reasonable notice to Contractor. The Contractor will have an opportunity to be heard, provided if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 15.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 15.4 Amendment. This Agreement may only be amended by written instrument approved and executed by the parties. 15.5 Taxes. The City is tax exempt and is not responsible for the payment of any taxes. 15.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 15.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver of deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. Page 101 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 11 of 16 15.8 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 15.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, and if by limiting that provision, the Agreement may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 15.10 Entire Agreement. This Agreement represents the entire agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 15.11 Agree to Terms. The parties’ state they have read the terms and conditions of this Agreement and agree to the terms and conditions. Contractor shall evidence its unconditional written acceptance of all the terms and conditions of this Agreement by the execution of this Agreement. 15.12 Effective Date. According to City Charter, Section 105, after passage, approval and legal publication of this Agreement as provided by law, and provided it has been duly accepted by Contractor as herein above provided, this Agreement shall not take effect until sixty (60) days after its adoption on its second and final reading. 15.13 Notice. Any official notice under this Agreement will be sent to the following addresses: City of College Station Jetsam Removals & Roll-offs LLC Attn: Michael Lucas, Fiscal Services Attn: Kevin R. Caffey PO BOX 9960 609 E 32nd St. College Station, TX 77842 Bryan, TX 77803 mlucas@cstx.gov kcaffey12@gmail.com 15.14 List of Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. A. Schedule of Rates B. Insurance Requirements C. Certificates of Insurance 15.15 Public Meetings and Readings. This Agreement was passed, adopted and approved according to Texas Government Code Chapter 551. a. First Consideration & Approval on the day of , 2022. b. Second Consideration & Approval on the day of , 2022. Page 102 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 12 of 16 JETSAM REMOVALS & ROLL-OFFS LLC CITY OF COLLEGE STATION By: By: Mayor Printed Name: Kevin R. Caffey Title: Owner Date: ________________ Date: ATTEST: City Secretary Date: _____________ APPROVED: City Manager Date: _____________ City Attorney Date: _____________ Assistant City Manager/CFO Date: _____________ Page 103 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 13 of 16 EXHIBIT A. SCHEDULE OF RATES I. Contractor’s base rate for pull and dump of one 17 cubic yard dumpster is $400.00 and may vary based on type of waste and weight, or if there are any items in the dumpster that Contractor is charged for at the landfill. Additionally, the rate may increase, depending on a variety of conditions, including but not limited to: a. Location of Customer b. Impact on Existing Routes c. Ingress and Egress Capabilities d. Special Requests by Customers e. Frequency of Collections f. Volume of Materials g. Type of Materials h. External Contributing Conditions of Market Costs Page 104 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 14 of 16 EXHIBIT B. INSURANCE REQUIREMENTS Throughout the term of this Agreement the Contractor must comply with the following: I. Standard Insurance Policies Required: a. Commercial General Liability b. Business Automobile Liability c. Workers' Compensation II. General Requirements Applicable to All Policies: a. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. b. Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City's Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. c. Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. d. The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. e. The City will not accept "claims made" policies. f. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability a. General Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain. c. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000. Limits shall be endorsed to be per project. d. No coverage shall be excluded from the standard policy without notification of individual exclusions being submitted for the City's review and acceptance e. The coverage shall include, but not be limited to the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. Page 105 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 15 of 16 IV. Business Automobile Liability a. Business Automobile Liability insurance shall be written by a carrier rated "A: VIII" or better under the current A. M. Best Key Rating Guide. b. Policies shall contain an endorsement listing the City as Additional Insured and further providing "primary and non-contributory" language with regard to self- insurance or any insurance the City may have or obtain c. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. d. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page e. The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. V. Workers’ Compensation Insurance a. Workers compensation insurance shall include the following terms: i. Employer's Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee are required ii. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04" shall be included in this policy iii. TEXAS must appear in Item 3A of the Workers' Compensation coverage or Item 3C must contain the following: "All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY" Page 106 of 210 Contract No. 22300328 Recyclable Collection Franchise Ordinance Page 16 of 16 EXHIBIT C. CERTIFICATES OF INSURANCE Page 107 of 210 Page 108 of 210 Page 109 of 210 © Insurance Services Office, Inc., 2016 This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Condition in the Business Auto Coverage Form and the in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured"under your policy provided that: Such "insured"is a Named Insured under such other insurance; and You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". The following is added to the Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured"under your policy provided that: Such "insured"is a Named Insured under such other insurance; and You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 Page 1 of 1 COMMERCIAL AUTO CA 04 49 11 16 A.Other Insurance Other Insurance -Primary And Excess Insurance Provisions 1. 2. B.Other Insurance 1. 2. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Page 110 of 210 Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: Transaction Effective Date:9918509 07-24-2021 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A.WHO IS AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture,for which you have agreed by written contract to procure bodily injury or property damage "auto"liability insurance arising out of operation of a covered "auto" with your permission.However, this additional insurance does not apply to: (1)The owner or anyone else from whom you hire or borrow a covered "auto".This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2)Your "employee"if the covered "auto"is owned by that "employee"or a member of his or her household. (3)Someone using a covered "auto"while he or she is working in a business of selling,servicing, repairing, parking or storing "autos" unless that business is yours. (4)Anyone other than your "employees",partners (if you are a partnership),members (if you are a limited liability company),or a lessee or borrower or any of their "employees",while moving property to or from a covered "auto". (5)A partner (if you are a partnership),or a member (if you are a limited liability company)for a covered "auto" owned by him or her or a member of his or her household. B.The coverage extended to any additional insured by this endorsement is limited to,and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition,coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C.The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D.Additional exclusions.The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1.To "loss" which occurs prior to the date of your contract with such person or organization; 2.To "loss"arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3.To "loss"for any leased or rented "auto"when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT Page 111 of 210 © Insurance Services Office, Inc.,2018 Policy Number: Transaction Effective Date: 9918509 07-24-2021 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Condition and supersedes any provision to the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: The additional insured is a Named Insured under such other insurance; and You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Page 1 of 1 CG 20 01 12 19 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 Other Insurance Primary And Noncontributory Insurance (1) (2) PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Page 112 of 210 © Insurance Services Office, Inc., 2008 Policy Number: Transaction Effective Date: 9918509 07-24-2021 POLICY NUMBER: 9918509 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Each construction project as required by written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section - Coverage and for all medical expenses caused by accidents under Section - Coverage which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage except damages because of "bodily injury"or "property damage"included in the "products- completed operations hazard",and for medical expenses under Coverage regardless of the number of: Insureds; Claims made or "suits" brought; or Persons or organizations making claims or bringing "suits". Any payments made under Coverage for damages or under Coverage for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. The limits shown in the Declarations for Each Occurrence,Damage To Premises Rented To You and Medical Expense continue to apply. However,instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. Page 1 of 2 CG 25 03 05 09 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 SCHEDULE Designated Construction Project(s): A. I A, I C, 1. 2. A, C a. b. c. 3.A C 4. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Page 113 of 210 © Insurance Services Office, Inc., 2008 Policy Number: Transaction Effective Date: 9918509 07-24-2021 For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under Section -Coverage and for all medical expenses caused by accidents under Section -Coverage which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: Any payments made under Coverage for damages or under Coverage for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and Such payments shall not reduce any Designated Construction Project General Aggregate Limit. When coverage for liability arising out of the "products-completed operations hazard"is provided,any payments for damages because of "bodily injury"or "property damage"included in the "products-completed operations hazard"will reduce the Products-completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans,blueprints,designs, specifications or timetables,the project will still be deemed to be the same construction project. The provisions of Section -Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 CG 25 03 05 09 B. I A, I C, 1.A C 2. C. D. E.III Page 114 of 210 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: Transaction Effective Date: 9918509 02-18-2022 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CITY OF COLLEGE STATION PO BOX 9960 COLLEGE STATION TX 77842 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to their vicarious liability,as grantor of a franchise to you,for damages because of "bodily injury","property damage"or "personal and advertising injury"solely caused by the Named Insured's acts or omissions. However: The insurance afforded to such additional insured only applies to the extent permitted by law; The person(s)or organization(s)shown in the schedule do not qualify as an additional insured with respect to the independent acts or omissions of such person(s)or organization(s); and If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you arerequiredbythecontractoragreementto provide for such additional insured. With respect to the insurance afforded to these additional insureds,the following is added to If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: Required by the contract or agreement; or Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CAFFEY & SONS, LLC 609 E 32ND ST BRYAN TX 77803 CG-F-127 (12-19) FEDERATED MUTUAL INSURANCE COMPANY SCHEDULE Name(s) Of Person(s) Or Organization(s): A.Section II -Who Is An Insured 1. 2. 3. B. Section III - Limits Of Insurance: 1. 2. ADDITIONAL INSURED - GRANTOR OF FRANCHISE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Page 115 of 210 © Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Issue Date: 08/09/2021 This endorsement, effective on at 12:01 A.M. standard time, forms a part of 07/24/2021 Policy No.1806588 Issued to Caffey & Sons, LLC Issued by Federated Mutual Insurance Company Endorsement No.1 Authorized Representative This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.Specific Waiver Name of person or organization: Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3.Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4.Advance Premium: WC 42 03 04 B (06-14) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY X Included TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Page 116 of 210 Page 117 of 210 March 24, 2022 Item No. 8.6. Francis Drive at Foster Drive No Parking Ordinance Sponsor:Emily Fisher, Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance amending Chapter 38 “Traffic and Vehicles” Article VI “Traffic Schedules”, Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” by removing parking at the intersection of Francis Drive and Foster Avenue. Relationship to Strategic Goals: • Core Services and Infrastructure • Improving Mobility Recommendation(s): Staff recommends approval. Summary: There were safety concerns raised about the sight distance at the intersection when approaching the intersection moving Northbound on Foster Ave. After a sight distance investigation of the intersection was conducted, a public meeting was held at City Hall. No residents attended and only one response was received via email from the nearby area of residents. The one response was the owner of the property on the corner of Foster Avenue and Francis Drive and was concerned about eliminating the street parking in front of her property. Budget & Financial Summary: The “NO PARKING” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Attachments: 1.No Parking Map 2.No Parking Ordinance Form Page 118 of 210 Propose d Parking Removal on Francis Drive at Foster Avenue3/24/22 170 Feet Francis DriveFoster Avenue Page 119 of 210 Ordinance Form 8-14-17 ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1014 “TRAFFIC SCHEDULE XIV, NO PARKING HERE TO CORNER AND NO PARKING AT ANY TIME,” BY TEMPORARILY REMOVING PARKING ON THE SOUTH SIDE OF FRANCIS DRIVE 170 FEET FROM THE INTERSECTION WITH FOSTER AVENUE, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 120 of 210 ORDINANCE NO. _______ Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this ______ day of _______________, 20__. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 121 of 210 ORDINANCE NO. _______ Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules”, Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” is hereby amended to include as follows: Traveling on Between Travel Direction Francis Drive Foster Avenue and Miner Drive East No parking here to corner Page 122 of 210 March 24, 2022 Item No. 8.7. Purchase of Advanced Metering Infrastructure (AMI) Meters Sponsor:Michael DeHaven, Assistant Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the purchase of Advanced Metering Infrastructure (AMI) meters for Electric warehouse inventory stock from Landis+Gyr Technology, Inc. for an amount not to exceed $223,632. Relationship to Strategic Goals: Core Services and Infrastructure Financially Sustainable City Recommendation(s): Staff recommends approval of purchasing AMI meters for inventory stock for new installations and repairs to existing meters. Summary: On February 10, 2020, City Council approved Contract No. 20300313 with Landis+Gyr Technology, Inc. (Landis+Gyr) to support the Electric Department’s Automated Metering Infrastructure (AMI) and Meter & Operational Data Management (MODM) System Implementation project. Landis+Gyr is the manufacturer of the AMI meters supplied for the project and is honoring the contract’s unit pricing for the purchase of additional meters for Electric warehouse inventory. This inventory purchase will support new services for developments and replacement meters for projects anticipated through FY24 in order to mitigate the extended lead times resulting from supply chain issues. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various projects will be expensed as supplies are issued from inventory. Attachments: 1.C20300313 FY 2022 Purchase Support Page 123 of 210 C#20300313 Landis Gyr Inc. Advanced Metring Infrastructure Vendor: Landis+Gyr (#5062) Ship to: CSU 1601 Graham Qty Line Item Description Unit Price Cover Adder Unit Price Extended Price 1920 2s - HGA10YA1-0DM5-700U 103.15$ 3.00$ $106.15 $203,808.00 16 4s - XC3Q0HEM0100-0DM5U 236.00$ $236.00 $3,776.00 48 16s - XC0K0HEM0100-0DM5U 236.00$ $236.00 $11,328.00 20 9s - XC000HEM0100-0DM5U 236.00$ $236.00 $4,720.00 Total of Fy 2022 Purchase $223,632.00 C#20300313 FY 2022 Purchase 2/28/2022 Page 124 of 210 March 24, 2022 Item No. 8.8. Presentation, discussion, and possible action for the renewal of a contract for Water Meter Reading Services, to Alexander’s Contract Services, Inc. for an amount not to exceed $300,000 for one year. Sponsor:Michael DeHaven, Assistant Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action for the renewal of a contract for Water Meter Reading Services, to Alexander’s Contract Services, Inc. for an amount not to exceed $300,000 for one year. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends City Council approve the contract renewal one for Alexander’s Contract Services, Inc. for Water Meter Reading Services, for an amount not to exceed $300,000. Summary: The City Council approved the initial Contract for Meter Reading Services on March 25, 2021, as a result of RFP#21-010. This contract renewal is for one year with a not-to-exceed amount of $300,000. This is the first contract renewal of two possible one-year renewals. Alexander’s Contract Services, Inc. has provided meter reading services to municipalities, water districts and other utility companies since 1968. The City of College Station has utilized Alexander’s services since 2016, for daily meter reading services and “Connect and Disconnect Work Orders” during heavy move-in and move-out periods revolving around the college semesters. This contract renewal encompasses a cost increase of Meter reading of twenty cents ($0.20) per meter, a complete reduction of approximately 44,500 electric meters due to the implementation of the Advanced Metering Infrastructure Project (AMI), and a cost reduction/savings of approximately $148,065.58. The contracted not-to-exceed amount for this renewal is $300,000. The previous contract amount was $448,068.58. Budget & Financial Summary: Funds are budgeted and available in the Utility Customer Service budget. Attachments: 1.21300361R1 Alexanders Contract Services Page 125 of 210 CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable)DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable)DATE 2/24/22 Page 126 of 210 Page 127 of 210 ALEXANDER’S CONTRACT SERVICES By: Printed Name: Title: Date: CITY OF COLLEGE STATION By: City Manager Date: APPROVED: ____________________________________ City Attorney Date:______________ Assistant City Manager/CFO Date: Attachment: - Exhibit B – Payment Schedule (Revised Renewal #1) Page 128 of 210 EXHIBIT B PAYMENT SCHEDULE The Contractor must submit monthly invoices to the City, accompanied by an explanation of charges, fees, services, and expenses. The City will pay such invoices in compliance with the Texas Prompt Payment Act. Invoice amount shall be payable by the City pursuant to the schedule listed below and upon completion of the services and written acceptance by the City. Schedule of Payment for each phase: Standard Services Meter Reading Services (Water) Additional"Peak Time" Meter Reading Services $0.83 per unit $1.22 per unit ACS offers a Net 10/ 1 1/2 % (one- and one-half percent) discount of invoice payments Pricing will remain in effect for one year. Years 2 and 3 will not increase in an amount greater than 2% each year annually. All above pricing are inclusive of hourly pricing and out-of-pocket expenses. Unit pricing is based upon reading water and electric at the same premise, single meter water and electric accounts, apartment metered accounts, TOU, Demand, touch read, and radio as specified in the RFP. Pricing reflects use of Alexander 's own hardware and software solution to read the City of College Station water and electric meters and creates a compatible interface file to the City of College Station back-end billing system. Pricing includes a meter reading accuracy error rate equal to or less than 99% of reads taken. Pricing includes the photo verification of double high and negative reads at the time the read is "out of range". Costs include providing City of College Station access to the Cloud SST web-based meter reading product. Contract No. 2130361 General Service Contract CRC 02-08-2021 REVISED RENEWAL #1 Page 129 of 210 C#21300361R1 Proposed Price Increase with reduction in Contract Value C#22300361 Alexander Contract Services QTY UNIT PRICING MONTHLY TOTAL ANNUAL TOTAL UNIT PRICING MONTHLY TOTAL ANNUAL TOTAL $ diff % Diff 72,128.00 0.63$ 45,440.64$ 545,287.68$ 0.83$ 59,866.24$ 718,394.88$ 0.20$ 31.746% N/A N/C N/C N/C N/C N/C N/C ADDITIONAL SERVICES TBD 1.22$ TBD TBD 1.22$ TBD TBD Reduced Quantity of Meters Renewal Renewal 1 Proposed Pricing w/ Reduced Qty of Meters QTY UNIT PRICING MONTHLY TOTAL ANNUAL NTE UNIT PRICING MONTHLY TOTAL ANNUAL TOTAL ANNUAL NTE $ diff % Diff 28,675.00 0.63$ 18,065.25$ 300,000.00$ 0.83$ 23,800.25$ 285,603.00$ 300,000.00$ 0.20$ 31.746% N/A N/C N/C N/C N/C N/C N/C ADDITIONAL SERVICES TBD 1.22$ TBD TBD 1.22$ TBD TBD SET UP FEE (One-time Charge) CONTRACT AWARDED PRICING Renewal 1 Proposed Pricing DESCRIPTION METER READING SVCS (SINGLE METER WATER & ELECTRIC ACCTS; APT METERED ACCOUNTS; DUAL METER ACCOUNTS AS WELL AS METERS W/ TOUCH READ AND RADIO) SET UP FEE (One-time Charge) Meter Reading Services to Meter Reading Services to provide Additonal Reading Svcs assistance during Peak Move In and Move Out Months (May, July, and August) DESCRIPTION METER READING SVCS (SINGLE METER WATER & C#21300361R1 Proposes Pricing 2/28/2022 Page 130 of 210 3/1/2022 Leavitt Coastal Valley Insurance Services, Inc License #0598871 204 E. Enos Dr Suite B Santa Maria CA 93454 Carmen Trejo (805)925-8607 (805)928-7210 carmen-trejo@leavitt.com Alexander's Contract Services, Inc. Alexander's Meter Reading Solutions 8655 Morro Rd. Ste. C Atascadero CA 93422 Depositors Insurance Company 42587 Federal Insurance Company 20281 Texas Mutual Workers Comp Insurance 22945 Lloyd's of London 85202 Landmark American Insurance Company 33138 22/23 TX A X X X X Y ACP3029605060 1/17/2022 1/17/2023 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A X X ACP3029605060 1/17/2022 1/17/2023 1,000,000 B X X 7818-67-80 1/17/2022 1/17/2023 10,000,000 10,000,000 C 0001318418 1/17/2022 1/17/2023 X 1,000,000 1,000,000 1,000,000 D TECH CYBER LIABILITY WG00005810AA 8/27/2021 8/27/2022 LIMIT 2,000,000 E PROFESSIONAL LIABILITY LHR842764 4/7/2021 4/7/2022 LIMIT 2,000,000 Professional Liab Retro active date: 2/16/2017; City of College Station are included as Additional Insureds with primary and non-contributory wording as respects to General Liability and Auto Liability. Waiver of Subrogation applies to General Liability and Workers Compensation per attached forms. All forms apply when required by written contract. Carmen Trejo/CATREJ Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECT PRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$ DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) City of College Station Attn: Risk Management 1101 Texas Avenue College Station, TX 77840 Page 131 of 210 Page 132 of 210 Page 133 of 210 Page 134 of 210 Page 135 of 210 Page 136 of 210 Page 137 of 210 Page 138 of 210 Page 139 of 210 Page 140 of 210 Page 141 of 210 Page 142 of 210 Page 143 of 210 Page 144 of 210 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 1/17/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001318418 of Texas Mutual Insurance Company effective on 1/17/22 Issued to: ALEXANDER'S CONTRACT SERVICES INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 1/11/22 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com | (800) 859-5995 | Fax (800) 359-0650 WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page Page 145 of 210 March 24, 2022 Item No. 8.9. Contract 21300273 Change Order No. 2 with PowerGrid Services for Spring Creek Substation Ring Bus Modification Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding a second change order to Contract 21300273 with PowerGrid Services for the ring bus modification work for the Spring Creek Substation. The total recommended change order amount is not to exceed $107,484.38, which brings the contract total to $2,497,319.63 for the project. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the second and final change order of this construction contract with PowerGrid Services for an amount not to exceed $107,484.38. Summary: The second and final change order of contract 21300273 includes three additional items that were not part of the original scope of work with PowerGrid Services. Item No. 1 is for additional acceptance testing of substation equipment and is at the request of College Station. Item No. 2 is for the purchase of SEL communication cables for the substation control house and is at the request of College Station. Item No. 3 is for PowerGrid Services' civil crew to be on standby longer than originally anticipated for the final phase of construction. Budget & Financial Summary: Funds are available in the Electric CIP budget. Attachments: 1.PowerGrid Contract 21300273 CO#2 Form 2.Spring Creek - CO #2-1 - JBT Additional Testing 3.Spring Creek - CO #2-2 - Additional SEL Cables 4.Spring Creek - CO #2-3 - Downtime from SEL Testing Page 146 of 210 CHANGE ORDER NO. DATE: February 14th, 2022 Contract No. 21300273 PO No. 21-201850 PROJECT: Spring Creek Substation Ring Bus Modification OWNER:CONTRACTOR: City of College Station PowerGrid Services P.O. Box 9960 2350 Hwy 31 NW Ph: 770-329-9163 College Station, Texas 77842 Hartselle, AL 35640 Fax: PURPOSE OF THIS CHANGE ORDER: A. COCS asked for additional acceptance testing for substation equipment B. COCS asked that the communication cables for the control house be ordered by Gridtech. C. Gridtech 7 man civil crew standby downtime due to the outage sustatining longer than antipicated. ITEM UNIT ORIGINAL REVISED ADDED NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 1 Testing Additional acceptance testing provided by JBT $52,053.60 $52,053.60 2 Cables Order of SEL commuication cables for the project $16,352.93 $16,352.93 3 Downtime Downtime of civil crew due to prolonged outage $39,077.85 $39,077.85 TOTAL $107,484.38 . LINE 1 (acct./work order number)$52,053.60 LINE 2 (acct./work order number)$16,352.93 LINE 3 (acct./work order number)$39,077.85 TOTAL CHANGE ORDER 107,484.38 ORIGINAL CONTRACT AMOUNT $2,372,512.63 CHANGE ORDER NO. 1 17,322.62 0.73%% CHANGE CHANGE ORDER NO. 2 $107,484.38 4.53%% CHANGE REVISED CONTRACT AMOUNT $2,497,319.63 5.26%% TOTAL CHANGE ORIGINAL CONTRACT TIME 365 Days Time Extension No. 1 Days Revised Contract Time 365 Days SUBSTANTIAL COMPLETION DATE 15-May-22 REVISED SUBSTANTIAL COMPLETION DATE APPROVED ______________________________________________________________________________________ A/E CONTRACTOR Date DEPARTMENT DIRECTOR Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ CITY ENGINEER Date CITY MANAGER Date THE NET AFFECT OF THIS CHANGE ORDER IS 4.49 % INCREASE. Page 147 of 210 CHANGE ORDER FORM Description Qty UOM Labor Equipment Material/Sub Total Price JBT perform SEL Scope of work at request of COCS 1 LOT $0.00 $0.00 $29,224.00 $29,224.00 JBT perform expanded DC testing, functional and secondaries for Bay #2 and Bay #3 1 LOT $0.00 $0.00 $10,165.00 $10,165.00 JBT perform expanded DC testing, functional and secondaries for Bay #1 1 LOT $0.00 $0.00 $5,875.00 $5,875.00 Gridtech Overhead Markup on Subcontractor (15%)1 LOT $0.00 $0.00 $6,789.60 $6,789.60 Total $52,053.60 GridTech Signature Josh Hoehne Date 2/2/2022 Approved By Signature: Date Page 148 of 210 11-01-2021 Change Order#1    ATTN: Chuck File Subject: Additional cost due to expanded scope of work as requested by Client. Scope of Work Perform DC operational/function testing for the Spring Creek Project. Costs The budgetary estimate to perform this additional work will be $29,224.00. Sincerely, Jeremy Swanton VP Relay/Field Services Operations Jeremy.swanton@jbtelectric.com Jeremy.swanton@quantaservices.com 713-299-8431 Page 149 of 210 11-30-2021 Change Order#2 ATTN: Chuck File Subject: Additional cost due to expanded scope of work as requested by Client. Scope of Work Perform DC operational, Functional testing and Secondaries for (8) Feeder Breaker VCB’s, (2) Tie Breaker VCB’s and (1) Main Breaker VCB. Costs The budgetary estimate to perform this additional work will be $10,165.00 Sincerely, Jeremy Swanton VP Relay/Field Services Operations Jeremy.swanton@jbtelectric.com Jeremy.swanton@quantaservices.com 713-299-8431 Page 150 of 210 01-04-2022Change Order#3 ATTN: Chuck File Subject: Additional cost due to expanded scope of work as requested by Client. Scope of Work Perform DC operational, Functional testing and Secondaries for (6) VCB’s associated with T-1. Costs The budgetary estimate to perform this additional work will be $5,875.00 Sincerely, Jeremy Swanton VP Relay/Field Services Operations Jeremy.swanton@jbtelectric.com Jeremy.swanton@quantaservices.com 713-299-8431 Page 151 of 210 CHANGE ORDER FORM Description Qty UOM Labor Equipment Material/Sub Total Price SEL additional Cables (Order #00124089) - cables not provided on RFP cable list 1 LOT $0.00 $0.00 $1,164.20 $1,164.20 SEL additional Cables (Order #SO-1795770) - cables not provided on RFP cable list 1 LOT $0.00 $0.00 $8,435.70 $8,435.70 Labor for Installation of cables ($82.23 per man hour)80 HR $6,578.40 $0.00 $0.00 $6,578.40 Gridtech Overhead Markup on materials (15%)1 LOT $0.00 $0.00 $174.63 $174.63 Total $16,352.93 GridTech Signature Josh Hoehne Date 2/2/2022 Approved By Signature: Date Page 152 of 210 sel_se_quote@selinc.comBusiness Email SEL Direct SoutheastSold To Sales Channel Andrew VeaseyPrepared By 1/8/2022Expiration Date 00124089Quote Number 770-329-9163Sold To Contact Phone cfile@gridtechpower.comSold To Contact Email Chuck FileSold To Contact GridTech PowerAccount Name 11/9/2021Created Date sel_se_quote@selinc.comBusiness Email Please address purchase orders to:Schweitzer Engineering Laboratories, Inc.2350 NE Hopkins CourtPullman, WA  99163Reference this quote number and send purchase orders to: Line No.Part Number Description Sales Price Quantity Total Price 1 C273A#JD6J (C273A-012)SEL-C273A Serial Cable (RS-232, DTE-DTE, DB9 M/DB9 M, IRIG-B, Hardware Flow Control) USD 35.96 1.00 USD 35.96 2 C273A#F447 (C273A-025)SEL-C273A EIA-232 Serial Cable With IRIG-B, 25 Feet USD 40.25 1.00 USD 40.25 3 C272A#M2J2 (C272A-065)SEL-C272A Serial Cable (RS-232, DTE-DTE, DB9 M/DB9 M)USD 53.45 1.00 USD 53.45 4 C618#89H8 (C618-012)SEL-C618 Serial Cable (RS-232, DTE-DCE, RJ-45 M/DB9 M, IRIG-B, Hardware Flow Control) USD 35.96 1.00 USD 35.96 5 C807#NFM8 (C807Z010SSX0012)SEL-C807 62.5/200 µm Multimode Fiber-Optic Cable USD 73.44 1.00 USD 73.44 6 CA605#2GGC (CA605CAX035)Category 5e Ethernet Cable USD 43.55 1.00 USD 43.55 7 C953#0103 (C953-030)SEL-C953 RG58A/U Coaxial Cable With BNC Male Connectors, 30 Feet USD 35.50 1.00 USD 35.50 8 C953#MH74 (C953-006)SEL-C953 Coaxial Cable for IRIG-B Distribution USD 22.30 1.00 USD 22.30 9 C953#MCK7 (C953-003)SEL-C953 Coaxial Cable for IRIG-B Distribution USD 20.65 1.00 USD 20.65 10 C962#0101 (C962-003)SEL-C962 RG58 Coaxial Cable, 3 Feet USD 20.65 1.00 USD 20.65 11 C972#B4N4 (C972-003)SEL-C972 Serial Cable for SEL-3390 S8 (Modulated IRIG, RJ-45 M/BNC M) USD 27.99 1.00 USD 27.99 12 2812MTX0 (2812MTX0)SEL-2812 Fiber-Optic Transceivers With IRIG-B USD 210.00 1.00 USD 210.00 13 2812MRX0 (2812MRX0)SEL-2812 Fiber-Optic Transceivers With IRIG-B USD 210.00 1.00 USD 210.00 14 240-1802 BNC Tee (Female/Female/Female, In-Line Cable)USD 7.25 1.00 USD 7.25 USD USD Page 153 of 210 Prices are based on quoted quantities and may change if quantities change. Prices do not include sales tax. Information within this quotation is for your evaluation purposes only. Disclosure of this information outside of your company is prohibited. Purchase order modifications or cancellations may result in additional fees and adjustment to delivery schedule. To prevent delays, please carefully review the part number descriptions listed in the above table to ensure ordering options will meet requirements. SEL values your right to privacy, and uses personal data provided to SEL only for our legitimate business interests. More information may be found at the . You may exercise your rights related to your personal data by contacting the SEL Data Protection Officer atSEL Privacy Policy data_protection@selinc.com. All sales are subject to the attached SEL Sales Terms, available on SEL's website ()https://www.selinc.com/termsandconditions/unitedstates and incorporated herein by reference unless Buyer and SEL has a Master Agreement or signed negotiated terms on file. Net 30 or per the approved credit terms with SEL. SEL may require additional credit information or prepayment prior to acceptance of a purchase order if credit terms have not been established or are insufficient to cover this purchase. SEL is pleased to offer our 10-Year Product Warranty. Please visit . Third-party products included in thishttps://selinc.com/company/quality/ Quote are not covered by SEL's warranty. SEL will pass on the original manufacturer warranty to the Buyer if possible. Equipment manuals are provided free on CD with relays. If a hard copy manual is required, this should be specified at the time of order as a separate line item and may be subject to freight charges. Prices include ground freight prepaid within the 48 contiguous United States via SEL's preferred carrier. Buyers may request expedited delivery service at their expense by submitting a collect account or by including added charges to their invoice. Orders with multiple items may be shipped from multiple locations and may arrive in more than one delivery. All submitted purchase orders must contain valid and complete end-user information, including full address. Incomplete or invalid information may delay the processing of the purchase order. Inquire with your SEL Representative for specific lead times. Lead time will be confirmed after the receipt of a complete purchase order and can be subject to change. USD 1,164.20Grand Total 15 240-1802 BNC Tee (Female/Female/Female, In-Line Cable)7.25 1.00 7.25169524BSEL-9524 GNSS Antenna USD320.00 1.00 USD320.00 Lead Time End User Freight Manuals Warranty Payment Terms Quote Terms Page 154 of 210 CONFIRMATIONSales Order DateSales Order No.Customer No.PO No.SEL Project No.Project ID 12-03-2021SO-1795770795CN-369785BILL TO:GridTech Power3800 Centurion Dr Ste 101Garner, NC 27529-8583USA Ship Via Ship Terms Ship To:SHIPPING INFORMATIONGridTech Power-Spring Creek Substation 3005 Midtown Drive College Station, TX 77845 USA CSRSALES INFORMATIONPowergrid Services LLC dba GridTech Power 3800 Centurion Dr Ste 101 Garner, NC 27529-8583 USA Revision Terms Natasha Fraedrich SO-1795770-4 City of College Station College Station TX USA FDX PRI FOB Destin Page: 1 of 2 NET 30 Octavio Rios 919-896-5507 Contact Phone Enduser: Sold To: ITEM QTY SHIP DATE (mm-dd-yyyy)PRODUCT/DESCRIPTION UNIT PRICE DISC EXTENSION 23 12-06-2021 2812MTX0 SEL-2812 Fiber-Optic Transceiver With IRIG-B 2812MTX0 Ship Via: FDX PRI Ship Term: FOB Destin 210.00 4,830.00 8.00 16 12-06-2021 2812MRX0 SEL-2812 Fiber-Optic Transceiver With IRIG-B 2812MRX0 Ship Via: FDX PRI Ship Term: FOB Destin 210.00 3,360.00 9.00 All sales are subject to the attached SEL Sales Terms, which are also available at SEL’s website at ttps://www.selinc.com/termsandconditions/ and are incorporated herein by reference. . All sales are expressly limited to the SEL Sales Terms and are conditional on Buyer’s assent thereto. SEL expressly objects to any additional or different terms proposed by Buyer, unless agreed to in writing by SEL. 245.70FREIGHT 0.00 SUBTOTAL 8,190.00 ORDER TOTAL 8,435.70 USD Sales tax is an estimate and is subject to change based on the ship to location and rate(s) applicable at time of shipment. SALES TAX Page 155 of 210 CHANGE ORDER FORM Description Qty UOM Labor Equipment Material/Sub Total Price Outage was supposed to start on Monday December 13th and we did not start work until Thursday December 16th around 2:30pm because of SEL Testing Delays . Our civil crew was on standby this entire period. ($82.23 per man hour) 245 HR $20,146.35 $18,931.50 $0.00 $39,077.85 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $39,077.85 GridTech Signature Josh Hoehne Date 2/2/2022 Approved By Signature: Date Page 156 of 210 EQUIPMENT Equipment QTY Duration Hourly Rate TOTAL EQUIPMENT Drill Rig 1 35 $142.50 $4,987.50 12K Forklift 2 35 $43.00 $3,010.00 Mini-Ex 2 35 $24.75 $1,732.50 Skid Steer 2 35 $23.50 $1,645.00 Backhoe 1 35 $29.50 $1,032.50 Wacky Packer 2 35 $5.15 $360.50 Manlift 3 35 $32.45 $3,407.25 Demo Hammer 1 35 $46.50 $1,627.50 Truck 1 35 $15.50 $542.50 Tool Trailer 1 35 $16.75 $586.25 DO NOT REMOVE OR DELETE Equipment Total $18,931.50 Page 157 of 210 March 24, 2022 Item No. 8.10. Presentation, discussion, and possible action regarding approval of Change Order 1 for the City’s annual price agreement with Techline Inc., for electric warehouse inventory of distribution poles in the amount of $660,678 for an increase not to exceed total amount of $8,013,258. The original annual price agreement was not to exceed total amount of $7,352,580. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of Change Order 1 for the City’s annual price agreement with Techline Inc., for electric warehouse inventory of distribution poles in the amount of $660,678 for an increase not to exceed total amount of $8,013,258. The original annual price agreement was not to exceed total amount of $7,352,580. Relationship to Strategic Goals: Core Services and Infrastructure Financially Sustainable City Recommendation(s): Staff recommends an increase of the annual price agreement with Techline, Inc. in the amount of $660,678. This is a contract estimate and within past fiscal year’s history for city-wide electrical warehouse needs. Summary: Council approved the original award for Electric Distribution Poles on November 22, 2021, Item #8.5, as a one-year (1) price agreement with an option to renew two (2) additional one (1) year terms. Due to market volatility, Techline, Inc. has requested an increase in unit pricing in accordance with the Escalation/De-escalation clause which was included in the bid’s terms and conditions. Upon Council approval, staff will issue an amended blanket contract to the vendor, to be used by Electric Warehouse throughout the year. Budget & Financial Summary: Funds are available and budgeted within the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued to staff. Attachments: 1.22300111 Change Order #1 Techline Inc. Page 158 of 210 CONTRACT #22300111 CHANGE ORDER #1 BID#22-008 TECHLINE INC CHANGE ORDER NO. 1 DATE: March 10, 2022 Contract No. 22300111 PROJECT: APA For Distribution Poles OWNER:CONTRACTOR: City of College Station Techline Inc. P.O. Box 9960 9609 Beck Circle Ph: 512-610-6030 College Station, Texas 77842 Austin, TX 78758 Fax: PURPOSE OF THIS CHANGE ORDER: A. Techline has requested price increase on Section's A & B of 10% due to economic conditions for these products B. Section C pricing remains unchanged C. Contract was awarded on November 22, 2022 ITEM ORIGINAL UNIT Total Unit Revised Unit Revised Unit Difference NO UNIT DESCRIPTION QUANTITY PRICE Cost Price Cost Unit Cost A-1 Ea.30' Fiberglass Composite Pole Tangent 60 $1,937.00 $116,220.00 $2,130.70 $127,842.00 $11,622.00 A-2 Ea.35' Fiberglass Composite Pole Tangent 60 $2,337.00 $140,220.00 $2,570.70 $154,242.00 $14,022.00 A-3 Ea.40' Fiberglass Composite Pole Tangent 120 $2,650.00 $318,000.00 $2,915.00 $349,800.00 $31,800.00 A-4 Ea.45' Fiberglass Composite Pole Tangent 120 $2,817.00 $338,040.00 $3,098.70 $371,844.00 $33,804.00 A-5 Ea.50' Fiberglass Composite Pole Tangent 90 $3,200.00 $288,000.00 $3,520.00 $316,800.00 $28,800.00 A-6 Ea.55' Fiberglass Composite Pole Tangent 90 $4,970.00 $447,300.00 $5,467.00 $492,030.00 $44,730.00 B-1 Ea.45' Fiberglass Composite Pole SS - 6 Degree 30 $6,285.00 $188,550.00 $6,913.50 $207,405.00 $18,855.00 B-2 Ea.45' Fiberglass Composite Pole SS - 12 Degree 30 $7,032.00 $210,960.00 $7,735.20 $232,056.00 $21,096.00 B-3 Ea.45' Fiberglass Composite Pole SS - 18 Degree 30 $7,370.00 $221,100.00 $8,107.00 $243,210.00 $22,110.00 B-4 Ea.50' Fiberglass Composite Pole SS - 6 Degree 60 $7,333.00 $439,980.00 $8,066.30 $483,978.00 $43,998.00 B-5 Ea.50' Fiberglass Composite Pole SS- 12 Degree 60 $8,535.00 $512,100.00 $9,388.50 $563,310.00 $51,210.00 B-6 Ea.50' Fiberglass Composite Pole SS - 18 Degree 60 $11,130.00 $667,800.00 $12,243.00 $734,580.00 $66,780.00 B-7 Ea.55' Fiberglass Composite Pole SS - 6 Degree 60 $8,960.00 $537,600.00 $9,856.00 $591,360.00 $53,760.00 B-8 Ea.55' Fiberglass Composite Pole SS - 12 Degree 60 $8,960.00 $537,600.00 $9,856.00 $591,360.00 $53,760.00 B-9 Ea.55' Fiberglass Composite Pole SS - 18 Degree 60 $10,550.00 $633,000.00 $11,605.00 $696,300.00 $63,300.00 B-10 Ea.60' Fiberglass Composite Pole SS - 6 Degree 30 $9,317.00 $279,510.00 $10,248.70 $307,461.00 $27,951.00 B-11 Ea.60' Fiberglass Composite Pole SS - 12 Degree 30 $11,473.00 $344,190.00 $12,620.30 $378,609.00 $34,419.00 B-12 Ea.60' Fiberglass Composite Pole SS - 18 Degree 30 $12,887.00 $386,610.00 $14,175.70 $425,271.00 $38,661.00 C1-6 $745,800.00 $745,800.00 $0.00 Total Award and Price Increase Original Award $7,352,580.00 Price Increase $8,013,258.00 $660,678.00 Total Percent Increase 9% . Section A $164,778.00 Section B $495,900.00 Section C $0.00 TOTAL CHANGE ORDER 660,678.00 ORIGINAL CONTRACT AMOUNT $7,352,580.00 CHANGE ORDER NO. 1 660,678.00 8.99%% CHANGE CHANGE ORDER NO. 2 $0.00 0.00%% CHANGE REVISED CONTRACT AMOUNT $8,013,258.00 8.99%% TOTAL CHANGE ORIGINAL CONTRACT TIME Days 365 Time Extension No. 1 Days Revised Contract Time Days 365 Contract #22300111 First year November 22, 2021 through November 21, 2022 APPROVED ___________________________________________ A/E CONTRACTOR Date DEPARTMENT DIRECTOR Date ___________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date ___________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date ___________________________________________ CITY ENGINEER Date CITY MANAGER Date Revised 2012 0719 C#22300111 CHG ORDER #1 TECHLINE INC 1 3/10/2022 Page 159 of 210 BID#22-008 AWARD FOR C#22300111 TECHLINE INC PRICE INCREASE Dec-21 Price % Item #Bidder Provided Data Est. Quantity Extended Est. Quantity Extended Difference Difference Group A - Tangent Fiberglass/Composite Manufacturer Valmont/Shakespeare $ 116,220.00 Valmont/Shakespeare $ 127,842.00 Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00031 Groundline Moment 84099.00 84099.00 Guide #MEI-15822-F-30-0 Unit Price 1,937.00$ 2,130.70$ 11,622.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00039 Groundline Moment 102875.00 102875.00 Guide #MEI-15822-F-35-0 Unit Price 2,337.00$ 2,570.70$ 14,022.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00032 Groundline Moment 128158.00 128158.00 Guide #MEI-015822-F-40-0 Unit Price 2,650.00$ 2,915.00$ 31,800.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00033 Groundline Moment 143424.00 143424.00 Guide #MEI-15822-F-45-0 Unit Price 2,817.00$ 3,098.70$ 33,804.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00034 Groundline Moment 144632.00 144632.00 Guide #MEI-15822-F-50-0 Unit Price 3,200.00$ 3,520.00$ 28,800.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00035 Groundline Moment 171011.00 171011.00 Guide #MEI-15822-F-55-0 Unit Price 4,970.00$ 5,467.00$ 44,730.00$ 10% Group B - Self Supporting Fiberglass/Composite Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #TBD Groundline Moment 327167.00 327167.00 Guide #MEI-15822-F-45-6 Unit Price 6,285.00$ 6,913.50$ 18,855.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #TBD Groundline Moment 453841.00 453841.00 Guide #MEI-15822-F-45-12 Unit Price 7,032.00$ 7,735.20$ 21,096.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #TBD Groundline Moment 528246.00 528246.00 Guide #MEI-15822-F-45-18 Unit Price 7,370.00$ 8,107.00$ 22,110.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00036 Groundline Moment 330219.00 330219.00 Guide #MEI-15822-F-50-6 Unit Price 7,333.00$ 8,066.30$ 43,998.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Techline BID AS SPECIFIED 60 $ 140,220.00 A-3 40' Fiberglass Composite Pole Tangent 120 $ 318,000.00 A-2 35' Fiberglass Composite Pole Tangent Description A-1 30' Fiberglass Composite Pole Tangent 60 90 $ 447,300.00 B-1 45' Fiberglass Composite Pole Self-Supporting - 6 Degree 30 $ 188,550.00 A-6 55' Fiberglass Composite Pole Tangent 120 $ 338,040.00 A-5 50' Fiberglass Composite Pole Tangent 90 $ 288,000.00 A-4 45' Fiberglass Composite Pole Tangent 60 $ 439,980.00 50' Fiberglass Composite Pole Self-Supporting - 12 Degree B-4 50' Fiberglass Composite Pole Self-Supporting - 6 Degree 30 $ 210,960.00 B-3 45' Fiberglass Composite Pole Self-Supporting - 18 Degree 30 $ 221,100.00 B-2 45' Fiberglass Composite Pole Self-Supporting - 12 Degree 120 $ 349,800.00 120 $ 371,844.00 90 $ 316,800.00 Techline Price increase 60 60 $ 154,242.00 30 $ 243,210.00 60 $ 483,978.00 90 $ 492,030.00 30 $ 207,405.00 30 $ 232,056.00 PROPOSED PRICE INCREASE C#22300111 TECHLINE PRICE INCREASE 3/10/2022 1 Page 160 of 210 BID#22-008 AWARD FOR C#22300111 TECHLINE INC PRICE INCREASE Dec-21 Price % Item #Bidder Provided Data Est. Quantity Extended Est. Quantity Extended Difference Difference Techline BID AS SPECIFIED Description Techline Price increase PROPOSED PRICE INCREASE Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00026 Groundline Moment 505900.00 505900.00 Guide #MEI-15822-F-50-12 Unit Price 8,535.00$ 9,388.50$ 51,210.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00037 Groundline Moment 670381.00 670381.00 Guide #MEI-15822-F-50-18 Unit Price 11,130.00$ 12,243.00$ 66,780.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00041 Groundline Moment 377984.00 377984.00 Guide #MEI-15822-F-55-6 Unit Price 8,960.00$ 9,856.00$ 53,760.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00040 Groundline Moment 600877.00 600877.00 Guide #MEI-15822-F-55-12 Unit Price 8,960.00$ 9,856.00$ 53,760.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #285-065-00042 Groundline Moment 768327.00 768327.00 Guide #MEI-15822-F-55-18 Unit Price 10,550.00$ 11,605.00$ 63,300.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #TBD Groundline Moment 426568.00 426568.00 Guide #MEI-15822-F-60-6 Unit Price 9,317.00$ 10,248.70$ 27,951.00$ 10% Manufacturer Valmont/Shakespeare 12620.3 Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #TBD Groundline Moment 650738.00 650738.00 Guide #MEI-15822-F-60-12 Unit Price 11,473.00$ 12,620.30$ 34,419.00$ 10% Manufacturer Valmont/Shakespeare Valmont/Shakespeare Delivery (Weeks)15-17 Weeks 15-17 Weeks Inv #TBD Groundline Moment 866236.00 866236.00 Guide #MEI-15822-F-60-18 Unit Price 12,887.00$ 14,175.70$ 38,661.00$ 10% Group C - Self-Supporting Prestressed Spun Cast Concrete Manufacturer Valmont Valmont Delivery (Weeks)10-12 Weeks 10-12 Weeks Inv #540-070-00021 Groundline Moment 346 K-FT 346 K-FT Guide #MEI-15822-C-50-6 Unit Price 5,075.00$ 5,075.00$ -$ 0% B-5 Self-Supporting - 12 Degree 60 $ 512,100.00 60 $ 537,600.00 B-9 55' Fiberglass Composite Pole Self- Supporting - 18 Degree 60 $ 633,000.00 B-8 55' Fiberglass Composite Pole Self-Supporting - 12 Degree 60 $ 667,800.00 B-7 55' Fiberglass Composite Pole Self-Supporting - 6 Degree 60 $ 537,600.00 B-6 50' Fiberglass Composite Pole Self-Supporting - 18 Degree 30 $ 386,610.00 C-1 50' Concrete Pole Self-Supporting - 6 Degree 20 $ 101,500.00 B-12 60' Fiberglass Composite Pole Self-Supporting - 18 Degree 30 $ 279,510.00 B-11 60' Fiberglass Composite Pole Self-Supporting - 12 Degree 30 $ 344,190.00 B-10 60' Fiberglass Composite Pole Self-Supporting - 6 Degree 60 $ 563,310.00 $ 307,461.00 30 $ 378,609.00 60 $ 734,580.00 60 $ 591,360.00 60 $ 591,360.00 30 $ 425,271.00 20 $ 101,500.00 60 $ 696,300.00 30 C#22300111 TECHLINE PRICE INCREASE 3/10/2022 2 Page 161 of 210 BID#22-008 AWARD FOR C#22300111 TECHLINE INC PRICE INCREASE Dec-21 Price % Item #Bidder Provided Data Est. Quantity Extended Est. Quantity Extended Difference Difference Techline BID AS SPECIFIED Description Techline Price increase PROPOSED PRICE INCREASE Manufacturer Valmont Valmont Delivery (Weeks)10-12 Weeks 10-12 Weeks Inv #540-070-00018 Groundline Moment 592 K-FT 592 K-FT Guide #MEI-15822-C-50-12 Unit Price 5,910.00$ 5,910.00$ -$ 0% Manufacturer Valmont Valmont Delivery (Weeks)10-12 Weeks 10-12 Weeks Inv #540-070-00019 Groundline Moment 739 K-FT 739 K-FT Guide #MEI-15822-C-50-18 Unit Price 6,455.00$ 6,455.00$ -$ 0% Manufacturer Valmont Valmont Delivery (Weeks)10-12 Weeks 10-12 Weeks Inv #540-070-00022 Groundline Moment 419 K-FT 419 K-FT Guide #MEI-15822-C-60-6 Unit Price 5,705.00$ 5,705.00$ -$ 0% Manufacturer Valmont Valmont Delivery (Weeks)10-12 Weeks 10-12 Weeks Inv #540-070-00023 Groundline Moment 697 K-FT 697 K-FT Guide #MEI-15822-C-60-12 Unit Price 6,735.00$ 6,735.00$ -$ 0% Manufacturer Valmont Valmont Delivery (Weeks)10-12 Weeks 10-12 Weeks Inv #540-070-00024 Groundline Moment 861 K-FT 861 K-FT Guide #MEI-15822-C-60-18 Unit Price 7,410.00$ 7,410.00$ -$ 0% $ 7,352,580.00 $ 8,013,258.00 660,678.00$ 9% 660,678.00$ 9.0% 20 $ 114,100.00 C-5 60' Concrete Pole Self-Supporting - 12 Degree 20 $ 134,700.00 C-4 60' Concrete Pole Self-Supporting - 6 Degree 20 $ 118,200.00 C-3 50' Concrete Pole Self-Supporting - 18 Degree 20 $ 129,100.00 C-2 50' Concrete Pole Self-Supporting - 12 Degree 10/26/2021 Gary Troxell Signature - Bidder's Sales Techline Bidder 20 $ 148,200.00 GRAND TOTAL FOR BID #22-008 C-6 60' Concrete Pole Self-Supporting - 18 Degree Signature - Bidder's Sales 3/9/2022 20 $ 148,200.00 Techline Bidder Gary Troxell 20 $ 129,100.00 20 $ 114,100.00 20 $ 134,700.00 20 $ 118,200.00 C#22300111 TECHLINE PRICE INCREASE 3/10/2022 3 Page 162 of 210 Page 163 of 210 Page 164 of 210 Page 165 of 210 Page 166 of 210 Page 167 of 210 Page 168 of 210 Page 169 of 210 Page 170 of 210 Page 171 of 210 Page 172 of 210 Page 173 of 210 Page 174 of 210 Page 175 of 210 February 18, 2022 RE: Price increase Valued Customer: Due to unprecedented increases in raw materials and the difficulty of acquiring necessary raw material, the increases in 2021and the start of 2022 have been at a level that we can no longer absorb. We have attempted to hold all of our long-term commitments but we have come to a point where the business is not sustainable at the current levels. We have had three regular price increases since the beginning of 2021 for our customers that do not have long-term agreements and currently instituting an additional increase effective immediately in 2022. We are going to all of our long-term customers and letting them know that we must increase the prices. The price of glass and resin has increased now increased dramatically due to tight supplies. These are substantial increases and we understand your aggravation with all of the increases that are hitting all across the economic landscape. Please see the comments made from our purchasing manager: “I have attached all the letters sent out from OC, Polynt and Jushi to date. More increases are expected on Jushi as they are sold out on capacity and will not give us an agreement to hold pricing yet. OC rep said that they are still tight on roving and Bryan Woody from Composites One told us OC mat is sold out through 2024 so supply is tight.” “Polynt rep emailed yesterday saying “Several suppliers have announced increases for January and raw materials continue to be tight”. The logistics issues are the biggest challenge for us at this point and hopefully we will see some improvement in on time deliveries this quarter. Lead times will remain extended so please keep orders coming with 2 to 3 months window.” I expect another increase for March from Polynt because AOC already announced .50/LB increase on Vinyl ester resins and .10/LB on other products so while Polynt has held pricing in January and February I am sure they will give us another increase for March.” We appreciate the business relationship with Techline and City of College Station and regret that we must increase these prices immediately. Regards, Jim Bob Wiles Sr. Manager T&D Products Shakespeare - Valmont Composite Structures, Inc. 19845 U.S. Highway 76, Newberry, SC 29108 USA 803-276-5504 • 800-800-9008 • Fax 803-276-8940 skp-cs.com • valmont.com Page 176 of 210 March 24, 2022 Item No. 8.11. Council Relations Policy and Code of Ethics Final Draft. Sponsor:Tanya Smith, City Secretary, Carla Robinson, City Attorney Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the approval of the updated Council Relations Policy and Code of Ethics. Relationship to Strategic Goals: Good Governance Recommendation(s): Recommends Approval. Summary: The last update to the Council Relations Policy and Code of Ethics was in November 2011. Since then, we have had two Charter Amendments and updated processes with COVID- 19. The staff made language changes and added sections throughout the policy. The final draft of the Council Relations Policy and Code of Ethics has been attached for approval. Budget & Financial Summary: N/A Attachments: 1.Council Relations Policy and Code of Ethics-2022 Final 0310 Page 177 of 210 Revised 2022 Council Relations Policy and Code of Ethics The College Station City Council is the governing body for the City of College Station; therefore, it must bear the initial responsibility for the integrity of governance. The council is responsible for its own development (both as a body and as individuals), its responsibilities, its own discipline, and its own performance. The development of this policy is designed to ensure effective and efficient governance. This policy will address mayor and council relations, council and staff relations, council and media relations, social media relations, and videoconferencing. By adopting these guidelines for elected officials, we acknowledge our responsibility to each other, to our professional staff, and to the public. The city council will govern the city in a manner associated with a commitment to the preservation of the values and integrity of representative local government and democracy, and a dedication to the promotion of efficient and effective governing. The following statements will serve as a guide and acknowledge the commitment being made in this service to the community: 1. The council recognizes as high priorities the continual improvement of the member’s professional ability and the promotion of an atmosphere conducive to the fair exchange of ideas and policies among members. 2. The council will endeavor to keep the community informed on municipal affairs; encourage communication between the citizens and the city council; and strive for strong, working relationships between College Station and Brazos County, Bryan, and College Station Independent School District elected officials, as well as TAMU officials, and Blinn College students, faculty staff and administrators. 3. In its governance role, the council will continue to be dedicated to friendly and courteous relationships with staff, other council members, and the public, and will seek to improve the quality and image of public service. 4. The council will also strive to recognize its responsibility to future generations by addressing the interrelatedness of the social, cultural, and physical characteristics of the community when making policies. 5. And finally, each council member will make a commitment to improve the quality of life for the individual and the community, and to be dedicated to the faithful stewardship of the public trust. Page 178 of 210 Statement of Mission In order to ensure proper discharge of duties for the improvement of democratic local government, College Station City Council members should display behavior that demonstrates independent, impartial review of all matters addressed by them, and be duly responsible to the citizens of College Station and to each other in their relationships. CORE VALUES The health, safety, and general well-being of the community. Excellence in customer service. Fiscal responsibility. Citizen involvement and participation. Collaboration and cooperation. Regionalism as an active member of the Brazos Valley community and beyond. Activities that promote local autonomy. Plan and collaborate with Texas A&M University. Section I: Mayor-City Council Relations A. Mayor’s Responsibilities 1. The mayor shall be the presiding officer at all meetings. The mayor pro-tem shall preside in the absence of the mayor. 2. The mayor shall have a voice in all matters before the council and may vote on all agenda items requiring council action. 3. The mayor is responsible for keeping the meetings orderly by recognizing each council member for discussion, encouraging debate among members, and limiting discussion to the agenda item under consideration. 4. The mayor is the spokesperson for the council on all matters unless absent, at which time the mayor pro tempore or the appropriate designee will assume the role. 5. The mayor will encourage all council members to participate in council discussion and give each member an opportunity to speak before any member can speak again on the same subject. The mayor may limit each council member to a reasonable time limit to speak to ensure efficient use of time. 6. Should a conflict arise among council members, the mayor will serve as a mediator. 7. The mayor or appropriate designee is responsible for ensuring an orientation of all new council members is conducted after an election. The orientation should include council procedures, staff and media relations, current agenda items municipal leadership training programs, and legal issues governing the behavior of local officials including the Texas Open Meetings Act, Public Information Act, and conflicts of interest. Page 179 of 210 B. Council Responsibilities 1. Any council member may request the presiding official to place an item on a future agenda for discussion, with a majority of the council. Should staff time be required to address this item, the mayor will canvass all council members to determine the support for commitment of staff time and resources. The same action should be taken by the mayor when council concerns require staff time and budget. 2. Each new council member is required to attend the new council orientation after an election. Each council member is encouraged to attend at least one Texas Municipal League sponsored conference each year in order to stay informed on issues facing municipalities. 3. It is the responsibility of council members to be informed about previous action taken by the council in their absence by speaking with the city secretary, the city manager or watching the meeting video. In the case of absence from a workshop session where information is given, the individual council member is responsible for obtaining this information prior to the council meeting when said item is to be voted upon. 4. When addressing an agenda item, the council member shall first be recognized by the mayor, confine himself/herself to the question under debate, avoid reference to personalities, and refrain from impugning the integrity or motives of any other council member or staff member in his/her argument or vote. 5. In the absence of a ruling by the mayor on any procedural matter, a council member may move to change the order of business or make any other procedural decision deemed appropriate. The affirmative vote of a majority of the council members present and voting shall be necessary to approve the motion. 6. Any council member may appeal to the council as a whole from a ruling by the mayor. If the appeal is seconded, the person making the appeal may make a brief statement and the mayor may explain his/her position, but no other member may speak on the motion. The mayor will then put the ruling to a vote of the council. 7. Any council member may ask the mayor to enforce the rules established by the council. Should the mayor fail to do so, a majority vote of the council members present shall require him/her to do so. 8. When a council member is appointed to serve as liaison to a board, commission or committee, the council member is responsible for keeping all council members informed of significant activities of that board, commission or committee. 9. In the event a board or committee member is absent from three meetings in a twelve-month period that are considered unexcused by definition the city secretary shall notify the member by letter requesting an explanation for the absences. After reviewing the explanation for absences, if City Council the finds that the absences are unexcused, the council may choose to notify the member of the importance of regular attendance or to remove a member for non-attendance and any range of response in between. The council response shall consider the member’s prior Page 180 of 210 service, reasons for absences, likelihood of future attendance, and the necessity for the city board, commission, or committee to carry out its responsibilities. The council may, after due consideration, remove a member of the board, commission, or committee for any other good cause related to performance of duty. C. Council Personal Interest 1. No city council member should have a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the city, or be financially interested, directly or indirectly, in the sale to, or purchase from, the city of any land, materials, supplies or services except on behalf of the city; provided, however, the provisions in the City Charter shall only be applicable when the stock owned by the council member exceeds one percent (1%) of the total capital stock of the corporation. Any violation with the knowledge expresses or implied of the person or corporation contracting with the city must render the contract voidable by the council or city manager. D. Code of Conduct for Mayor and Council Members 1. During the council meetings, council members shall preserve order and decorum, shall not interrupt or delay proceedings, and shall not refuse to obey the orders of the mayor or the rules of the council. Council members shall demonstrate respect and courtesy to each other, to city staff members, and to members of the public appearing before the council. Council members shall refrain from rude and derogatory remarks and shall not belittle staff members, other council members, or members of the public. 2. Council members should not use their position to secure special privileges and should avoid situations that could cause any person to believe that they may have brought bias or partiality to a question before the council. 3. Members of the council will not condone any unethical or illegal activity. All members of the council agree to uphold the intent of this policy and to govern their actions accordingly. E. Council Campaign Contribution 1. In compliance with the City Charter, council members are required to both disclose any campaign contribution in excess of $500.00 by filing an affidavit with the city secretary and abstaining from participating in and voting on any matter before the city council if the matter before the council would materially benefit the campaign contributor or any business entity in which the campaign contributor has a substantial interest. Page 181 of 210 Section II: Council and Staff Relations No single relationship is as important as that of the council and their city manager in effectively governing the City of College Station. It is for this reason that the council and the city manager must understand their respective roles in that process. The city manager is the primary link between the council and the city staff. The council’s relationship with the staff shall be through the city manager. 1. In order to ensure proper presentation of agenda items by staff, questions arising from council members after receiving their information packet should be, whenever possible, presented to the city manager for staff consideration prior to the council meeting. This allows staff time to address the council member’s concern and provide all council members with the additional information. 2. The city manager shall designate the appropriate staff member to address each agenda item and shall see that each presentation is prepared and presented in order to inform and educate the council on the issues which require council action. The presentation should be professional, timely, and allow for discussion of options for resolving the issue. The staff member making the presentation shall either make it clear that no Council action is required, present the staff recommendation, or present the specific options for council consideration. 3. The city manager is directly responsible for providing information to all the council concerning any inquiries by a specific council member. If the city manager or his/her staff’s time is being dominated or misdirected by a council member, it is his/her responsibility to inform the mayor of the concern (any action necessary is covered under Section I A:7). 4. The city manager will be held responsible for the professional and ethical behavior of himself/herself and the discipline of his/her staff. The city manager is also responsible for seeing that his/her staff also receives the education and information necessary to address the issues facing municipal government. 5. Any conflicts arising between the city staff and the council will be addressed by the mayor and the city manager. 6. All staff members shall show each other, each council member, and the public respect and courtesy at all times. They are also responsible for making objective, professional presentations to ensure public confidence in the process. 7. The city manager, after an election, will make sure that staff has prepared information needed for the orientation of new council members and inform them of any Texas Municipal League conferences and seminars available. The city manager will also be responsible for meeting personally with new members and informing them about city facilities and procedures. Page 182 of 210 Section III: Council and Media Relations Since the democratic form of government is only successful when the citizens are kept informed and educated about the issues facing their municipality, it is imperative the media play an important role in the governmental process. It is through an informed public that progress is ensured and good government remains sensitive to its constituents. These guidelines are designed to help ensure fair relationships with all media reporters. The council and the city manager recognize that the news media provide an important link between the council and the public. It is the council’s desire to establish a professional working relationship to help maintain a well informed and educated citizenry. 1. During the conduct of official business, the news media shall occupy places designated for them or the general public. 2. All reporters will have access to an agenda in advance and will be furnished support material needed for clarification if requested. 3. In order to preserve the decorum and professionalism of council meetings, the media are requested to refrain from conversing privately with other people in the audience and to conduct any interviews with the public outside the council chambers while council is in session. 4. Since the government body conducts business differently, it is requested that all reporters new to city council meetings meet with the city manager, mayor, or the public communications representative prior to covering their first meeting to be informed of policies and procedures to help ensure a professional working relationship between the media reporter and the city. 5. On administrative matters, the city manager is the spokesperson, unless he/she has appointed a media relations person to present staff information on the agenda. 6. The mayor, or his/her designee, is the primary spokesperson for the city on matters regarding policy decisions or any council information pertaining to issues on the agenda. In order to ensure fair treatment of an issue, any clarifications requested by the media on the issue should be addressed after the meeting. When opposing positions have been debated, regardless of the outcome, the public is better informed when all sides have adequate coverage by the media. This lets the public know that the item was seriously debated and options discussed before a vote was taken, and helps build confidence in the democratic process. 7. The College Station City Council is made up of six council members and a mayor, each elected by the citizens of College Station. In respect to each council member and his/her constituents, his/her views as presented on an issue before the council should provide equitable representation from all seven members. Even though council members may express differing ideas, equitable representation helps promote unity of purpose by allowing the public to be informed of each member’s position during his/her term of office and not only during an election campaign. We all have the responsibility to protect the integrity of our governing process and therefore, have read and agreed to the above guidelines. Page 183 of 210 Section IV. Council Social Media Relations The city understands that social networking and internet services have become a common form of communication in the workplace and among stakeholders and citizens. Also, the city recognizes the right to use and maintain personal web sites or to engage in social networking. However, the line between public and private activity has been blurred by these social networking tools, which is the primary reason these guidelines were developed. Information from your personal Facebook page, blog entries and tweets – even if they are intended as personal messages between family and friends – can easily reach beyond your intended audience and represent you and the city to the outside world. For those council members who choose to participate in social networks, here are some additional guidelines for personal social networking sites: City policies, rules, regulations and code of conduct apply to individuals who engage in social networking activities while conducting city business. Use of your city e-mail address and communicating in your official capacity will constitute conducting city business. Protect your privacy, the privacy of citizens, and the information the city holds. Follow all privacy protection laws, i.e., HIPAA, and protect sensitive and confidential city information. Follow all copyright laws, open records laws, retention laws, fair use and financial disclosure laws and any other laws that might apply. All city social networking activities are subject to State of Texas open records laws. All city information that is considered non-public in nature must be protected. Respect and maintain the confidentiality entrusted to you. Do not divulge or discuss proprietary information, personal details about other people or other confidential material. Frame any comments or responses in a respectful and positive manner. Do not argue with commenters. Be clear, but not defensive. Avoid personal attacks and do not criticize other city employees or departments. Do not use ethnic slurs, profanity, personal insults, or engage in any conduct that would not be acceptable in the city’s workplace. Before posting, consider how your comment or behavior would be received if it appeared in the mass media. In other words, behave as if you are in any other public setting. Recognize that everything you post or receive on a social media site is public. Anyone with access to the web can get access to your activity on social media sites. You are responsible for the content you post. If it gives you pause, pause before you publish. Remember that your personal and professional lives overlap in your online activity. Make it clear that you are speaking for yourself and not on behalf of the city. If you publish content on any Web site outside of the city and it has something to do with the work you do or subjects associated with the city, use a disclaimer such as this: “The postings on this site are my own and don’t necessarily represent the city’s positions or opinions.” When in doubt about any online activity, contact the public communications department. Page 184 of 210 Section V. Videoconferencing (A full copy of the City’s Videoconference Policy is attached.) 1. A council member is permitted to attend a council meeting by videoconference in those instances in which a council member would otherwise be required to request an excused absence, such as travel or illness. The council understands the importance of ensuring council members and members of the public attending the meeting in person have adequate access to a council member’s comments when he or she attends the meeting virtually. The purpose of this policy is to establish policies and procedures to help ensure council members participating remotely in a council meeting by means of a videoconference call, do so within the guidelines of TEXAS GOVERNMENT CODE, §551. 127.TEXAS GOVERNMENT CODE, §551.127 permits the city council to meet in executive session by videoconference call provided that the closed session meets the statutory requirements. A council member remoting into executive session must be in a closed room and must be alone to protect the confidentiality of the executive session and in some cases to preserve the attorney client privilege. 2. The notice of a meeting to be held by videoconference call must specify the location and the intent to have a quorum present at the location. The location shall have two-way audio and video communication with each member who is participating by videoconference call during the entire meeting. Each participant in the videoconference call, while speaking, shall be clearly visible and audible to each other participant, and during the open portion of the meeting, to the members of the public in attendance at the location and any other location of the meeting that is open to the public. No more than three (3) council members may videoconference at any one time. Requests to videoconference will be taken on a first come/first-served basis. 3. A meeting of the Council may be held by videoconference call only if: a. the meeting takes place in the College Station City Hall, which has been determined to be the only physical space that currently meets the requirements of TEXAS GOVERNMENT CODE, §551.127; b. the member of the governmental body presiding over the meeting is present at that physical space; and c. any member of the public present at that physical space is provided the opportunity to participate in the meeting by means of videoconference call in the same manner as a person who is physically present at a meeting of the governmental body that is not conducted by videoconference call. 4. A meeting held by videoconference call can only be held if a quorum of the council is physically present at one location. If a problem occurs that causes a remote participant to no longer be visible and audible to the public at the location, the meeting must be recessed until the problem is resolved. If the problem cannot be resolved in thirty (30) minutes the council member remoting into the meeting will be determined to have left the meeting, and the meeting will continue at the location. Page 185 of 210 Section VI. College Station City Council Code of Ethics The office of elected officials is one of trust and service to the citizens of College Station. This position creates a special responsibility for the College Station city council member. In response to this, the College Station city council is expected to govern this city in a manner associated with a commitment to the preservation of the values and integrity of representative local government and local democracy and a dedication to the promotion of efficient and effective governing. To further these objectives, certain ethical principles shall govern the conduct of every council member, who shall: 1. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the citizens of College Station; 2. Recognize that the chief function of local government at all times is to serve the best interests of all of the people; 3. Be dedicated to public service by being cooperative and constructive, and by making the best and most efficient use of available resources; 4. Refrain from any activity or action that may hinder one’s ability to be objective and impartial on any matter coming before the council. Do not seek nor accept gifts or special favors; believe that personal gain by use of confidential information or by misuse of public funds or time is dishonest; 5. Recognize that public and political policy decisions, based on established values, are ultimately the responsibility of the city council, and 6. Conduct business in open, well-publicized meetings in order to be directly accountable to the citizens of College Station. It is recognized that certain exceptions are made by the State for executive sessions; however, any action as a result of that type of meeting will be handled later in open session. Approved on the 24th day of March 2022. _______________________________ ________________________________ City Attorney Mayor _______________________________ City Secretary Page 186 of 210 Page 187 of 210 March 24, 2022 Item No. 9.1. Corsair Drive Rezoning Sponsor:Derrick Williams, Staff Planner Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance, “Article 4, Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from SC Suburban Commercial to PDD Planned Development District for approximately 5 acres of land generally located at the intersection of Emerald Parkway and Corsair Drive (3105 Corsair Drive). Case # REZ2022-000001 Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning and Zoning Commission heard this item at their March 3, 2022 Regular Meeting and voted unanimously to recommend approval. Staff recommends approval of the rezoning. Summary: This request is to rezone approximately 5 acres of land from SC Suburban Commercial to PDD Planned Development District with a base zoning of SC Suburban Commercial for the development of a skilled nursing facility at the intersection of Corsair Drive and Emerald Parkway, adjacent to the Emerald Forest subdivision. SC Suburban Commercial allows for Extended Care Facilities/Convalescent/Nursing Homes land uses, but a PDD has been requested to allow an adjustment to the existing zoning’s individual building size limitation as applied to skilled nursing facility uses and to enhance the required buffer against the neighborhood. REZONING REVIEW CRITERIA Whether the proposal is consistent with the Comprehensive Plan: The current Comprehensive Plan Future Land Use and Character Map designates the subject property as Neighborhood Commercial. The Comprehensive Plan generally describes the Neighborhood Commercial land use designation as follows: Neighborhood Commercial – Areas of commercial activities that cater primarily to nearby residents. These areas tend to be smaller format than general commercial and located adjacent to major roads along the fringe of residential areas. Design of these structures is compatible in size, architecture, and lot coverage with surrounding residential uses. This PDD proposes a base zoning of SC Suburban Commercial, which is a district that has taken appropriate land uses and design into consideration. SC Suburban Commercial land uses are less intense uses, generating less traffic than those found in GC General Commercial districts. These sites generally provide walkable and pedestrian friendly environments for both the subject properties and surrounding neighborhoods. The proposed use of a skilled nursing facility would provide a need in the community without sacrificing neighborhood integrity and character. Page 188 of 210 Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The permitted uses of the property are not proposed to the change. PDD Planned Development District will be based on the SC Suburban Commercial zoning district, which is designed to be compatible with residential land uses. Given the property’s proximity to existing single-family uses, the intended use of a skilled nursing facility could be easily incorporated with the existing developments. Whether the property to be rezoned is physically suitable for the proposed zoning district:The subject property is not in the FEMA floodplain. There is some natural vegetation onsite, concentrated mainly in the northeast corner, adjacent to single family lots. While adjacent to a neighborhood, its only street frontage is to a right-of-way shared with other non-residentially-zoned properties. The subject property is physically suitable for the proposed zoning district. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Sanitary sewer service, water service, and fire flow will be provided by College Station Utilities. Stormwater will be designed according to BCS Unified Stormwater Design Guidelines and will be collected in an on-site detention pond before being released into an existing storm sewer system on Driftwood Drive. A traffic impact analysis was performed for the rezoning requested and did not identify any traffic mitigation needed. The traffic generated by this use will not adversely affect the safety nor convenience of transportation. The marketability of the property: The applicant stated that “This property is marketable for uses that do not depend on traffic for business, such as retail and services. A neighborhood friendly use that does not depend on traffic numbers is ideal for this property, and we believe a skilled nursing facility meets those criteria.” The applicant is proposing to consolidate the area into one building for only skilled nursing facility uses that would generate less traffic than retail uses. This is anticipated to increase the marketability of the property. REVIEW OF CONCEPT PLAN The Concept Plan provides an illustration of the general layout of the proposed building and parking areas as well as other site related features. In proposing a PDD, an applicant may also request variations to the general platting and site development standards provided that those variations are outweighed by demonstrated community benefits of the proposed development. The Unified Development Ordinance provides the following review criteria as the basis for reviewing PDD Concept Plans: 1. The proposal will constitute an environment of sustained stability and will be in harmony with the character of the surrounding area; 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section; 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development; 4. Every dwelling unit need not front on a public street but shall have access to a public street directly or via a court, walkway, public area, or area owned by a homeowners association; Page 189 of 210 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities; 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity; and 7. The development will not adversely affect the safety and convenience of vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonably anticipated in the area considering existing zoning and land uses in the area. Purpose, Intent and Community Benefits - The proposed Planned Development District for this property outlines the purpose, intent, and community benefit of the proposed development which is to promote and encourage innovative development that is sensitive to surrounding land uses and natural environment. Base Zoning and Meritorious Modifications - At the time of site plan, the project will need to meet all applicable site development standards and platting requirements of the Unified Development Ordinance for the SC Suburban Commercial zoning district, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following meritorious modification: SC Suburban Commercial requirements: UDO Section 5.3.C. “…The gross floor area of a single structure in this district shall not exceed 15,000 square feet in area.” Skilled nursing facilities are proposed to be allowed to consolidate permittable building area into one building exceeding the maximum of 15,000 sf. Community Benefits - The applicant offers the following as community benefits: Along with the required buffer, preservation of viable canopy trees along the property line that abuts Emerald Forest. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Vicinity, Aerial, and Small Area Map 3.Future Land Use Map 4.Rezoning Map 5.Rezoning Exhibit 6.Concept Plan 7.Background Information 8.Applicant's Supporting Information 9.Bulk Variances Letter Page 190 of 210 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 5 ACRES LOCATED AT 3105 CORSAIR DRIVE FROM SC SUBURBAN COMMERCIAL TO PDD PLANNED DEVELOPMENT DISTRICT; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, Exhibit “B”, Exhibit “C” and Exhibit D attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 191 of 210 ORDINANCE NO. ____________ Page 2 of 6 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 24th day of March, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 192 of 210 ORDINANCE NO. ____________ Page 3 of 6 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from SC Suburban Commercial to PDD Planned Development District: Lot 6 of Emerald Point, an addition in the City of College Station, Brazos County, Texas, according to the replat recorded in Volume 13606, Page 14 of the Plat Records of Brazos County, Texas. Page 193 of 210 ORDINANCE NO. ____________ Page 4 of 6 Ordinance Form 08-27-19 Exhibit B Page 194 of 210 ORDINANCE NO. ____________ Page 5 of 6 Ordinance Form 08-27-19 Exhibit C Purpose, Intent and Community Benefits - The proposed Planned Development District for this property outlines the purpose, intent, and community benefit of the proposed development which is to promote and encourage innovative development that is sensitive to surrounding land uses and natural environment. Base Zoning and Meritorious Modifications - At the time of site plan, the project will need to meet all applicable site development standards and platting requirements of the Unified Development Ordinance for the SC Suburban Commercial zoning district, except where meritorious modifications are granted with the PDD zoning. The applicant is requesting the following meritorious modification: SC Suburban Commercial requirements: UDO Section 5.3.C. “…The gross floor area of a single structure in this district shall not exceed 15,000 square feet in area.” Skilled nursing facilities are proposed to be allowed to consolidate permittable building area into one building exceeding the maximum of 15,000 sf. Community Benefits - The applicant offers the following as community benefits: Along with the required buffer, preservation of viable canopy trees along the property line that abuts Emerald Forest. Page 195 of 210 ORDINANCE NO. ____________ Page 6 of 6 Ordinance Form 08-27-19 Exhibit D Page 196 of 210 Page 197 of 210 Page 198 of 210 Page 199 of 210 Page 200 of 210 Page 201 of 210 01234567891012COLLEGE STATION SKILLED PROPERTY HOLDINGS LLCEMERALD POINT, LOT 6, ACRES 5.452Acres:5.454Current Zoning:Suburban CommercialCurrent Land Use:Neighborhood CommercialAMBERRIDGEDRJADE CTTOPAZ CTGREENWOOD DRBRIAR ROSE CTR O S E W O O D D R SPRINGWOODCTDRIFTW OOD DR (CS)EMERALDPKYCORSAIR DRRezoningMapT. 979.260.6963F. 979.260.35643204 Earl Rudder FWY SCollege Station, TX 77845Plan & Design Specialists in Civil ꞏ Engineering ꞏ HydraulicsHydrology ꞏ Utilities ꞏ StreetsSite Plans ꞏ Subdivisionswww.mitchellandmorgan.comEx. ADecember2021NOTE: This site does not lie within the 100-year floodplain boundary per FEMA's Flood Insurance Rate Map panels 48041C0310F, Effective Date: April 2, 2014EXISTINGPROPOSED3105CorsairDriveVICINITY MAPStreetClassificationlocal streetmajor collector01234567891012COLLEGE STATION SKILLED PROPERTY HOLDINGS LLCEMERALD POINT, LOT 6, ACRES 5.452Acres:5.454Current Zoning:Suburban CommercialCurrent Land Use:Neighborhood CommercialAMBERRIDGEDRBRIAR ROSE CTJADE CTTOPAZ CTSPRINGWOODCTDRIFTW OODDR(CS)EMERALD PKYCORSAIR DRVICINITY MAPEARL RUDDER FREEWAY SEMERALDPKYSITE±1 inch = 200 feetZoningClassificationGeneral CommercialGeneral SuburbanLight IndustrialOfficePlanned Development DistrictSuburban CommercialFIDOwnerLegal DescriptionCurrent ZoningCurrent Land Use0 MIXA LUIS E & DANA N EMERALD FOREST PH 3, BLOCK 1, LOT 3 General Suburban Suburban Residential1 EDMUNDSON REED A & CHRISTINE D EMERALD FOREST PH 3, BLOCK 1, LOT 4 General Suburban Suburban Residential2 MCFERON MARC WESLEY & CINDY KAY EMERALD FOREST PH 3, BLOCK 1, LOT 2 General Suburban Suburban Residential3 BROWN ROBBY L & NANCY H EMERALD FOREST PH 1, BLOCK 4, LOT 3 General Suburban Suburban Residential4 POKROVSKY VALERY L & SVETLANA EMERALD FOREST PH 3, BLOCK 1, LOT 5 General Suburban Suburban Residential5 MARTINEZ JOSEPH THADDEUS & OLGA EMERALD FOREST PH 3, BLOCK 1, LOT 1 General Suburban Suburban Residential6 CARR PATRICIA J EMERALD FOREST PH 3, BLOCK 1, LOT 6 General Suburban Suburban Residential7 TXD FINANCIAL LLC AGENCY RECORD CONTROL, LOT 1B, ACRES 3.4615 Light Industrial Neighborhood Commercial8 HANNA CHARLES RUSSELL EMERALD FOREST PH 3, BLOCK 1, LOT 7 General Suburban Suburban Residential9 CORSAIR CONDOS JOINT VENTURE CENTURY HILL DEVELOPMENT, LOT 11R, ACRES 2.017 Light Industrial Neighborhood Commercial10 BLEISEK INVESTMENTS LLC EMERALD FOREST PH 1, BLOCK 4, LOT 1 General Suburban Suburban Residential11 COLLEGE STATION SKILLED PROPERTY HOLDINGS LLC EMERALD POINT, LOT 6, ACRES 5.452 Suburban Commercial Neighborhood Commercial12 CHARLTON SIDNEY EMERALD FOREST PH 1, BLOCK 4, LOT 2 General Suburban Suburban ResidentialPage 202 of 210 SITECORSAIR DREMERALD PKWYBUFFERBUILDINGAREAPARKING &ACCESSDETENTION PONDPARKING & ACCESSCORSAIR DRCPxxxxxxxxxxxx xxxxxxxxxxxx xxxxxxxxxxxx PLOTTED: FILENAME: 03 Dec 2021 - 9:24 am 21065-Concept Plan.dwg CONCEPT PLANNOTES:1.TOTAL SITE AREA: 5.45 AC2.THERE IS NO FEMA REGULATED 100-YEAR FLOODPLAIN ON THIS SITE PER FEMAMAP PANEL #48041C0310F DATED APRIL 2, 2014.3.THE DEVELOPMENT WILL NOT INCLUDE PARKS, GREENWAYS, CONSERVATIONAREAS, SCHOOLS, OR TRAILS.4.ALL SITE LIGHTING WILL COMPLY WITH CITY OF COLLEGE STATIONORDINANCES.5.BUFFER WILL COMPLY WITH CITY OF COLLEGE STATION ORDINANCES.6.MAXIMUM BUILDING EAVE HEIGHT: 10' - WILL MEET SINGLE FAMILY HEIGHTRESTRICTIONS.NTSPage 203 of 210 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: March 3, 2022 Advertised Council Hearing Date: March 24, 2022 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Emerald Forest HOA Property owner notices mailed: 31 Contacts in support: 1 Contacts in opposition: None at the time of this report Inquiry contacts: 1 at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Suburban Residential GS General Suburban Single-Family Residential South Neighborhood Commercial M-1 Undeveloped East Neighborhood Commercial M-1 Commercial - Industrial West General Commercial GC Commercial Office DEVELOPMENT HISTORY Annexation: 1977 Zoning: 1977 – A-O Agricultural-Open District 1979 – M-1 Planned Industrial District 2017 – SC Suburban Commercial Final Plat:Not platted Site development:The subject property is undeveloped. Page 204 of 210 Page 1 of 4 REZONING PDD APPLICATION SUPPORTING INFORMATION Name of Project: 3105 CORSAIR DRIVE-SKILLED NURSING FACILITY Address: Legal Description: EMERALD POINT, LOT 6, ACRES 5.452 Total Acreage: 5.45 Applicant: MITCHELL & MORGAN Property Owner: COLLEGE STATION SKILLED PROPER List the changed or changing conditions in the area or in the City which make this zone change necessary. The 55+ population continues to be the fastest growing population in College Station, therefore the need for medical facilities to support the aging population will also continue to increase. While the use is appropriate, the size of the building is the reason we are requesting a PDD. In order to provide this type of use, in the most efficient manner, we are requesting a change in zoning to PDD Planned Development District. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. The Comprehensive Plan has designated this property for Neighborhood Commercial uses. We have based the PDD on the SC Suburban Commercial zoning district, which is compatible with the Neighborhood Commercial land use designation. The request zone change is in compliance with the Comprehensive Plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The property is currently zoned SC Suburban Commercial which is designed to be appropriate for properties adjacent to neighborhoods. The property is suitable for SC Suburban Commercial. Explain the suitability of the property for uses permitted by the rezoning district requested. We are using SC Suburban Commercial as the base zoning district, which is the existing zoning district. Because of the adjacency to the neighborhood, the permitted uses in the SC Suburban Commercial zoning district are suitable for the property at this location. Page 205 of 210 Page 2 of 4 Explain the suitability of the property for uses permitted by the current zoning district. We are using SC Suburban Commercial as the base zoning district, which is the existing zoning district. Because of the adjacency to the neighborhood, the permitted uses in the SC Suburban Commercial zoning district are suitable for the property at this location. Explain the marketability of the property for uses permitted by the current zoning district. The property is located at corner of two Collector thoroughfares close to State Highway 6 and at the entrance of an established neighborhood. This property is marketable for uses that do not depend on traffic for business, such as retail and services. A neighborhood friendly use that does not depend on traffic numbers is ideal for this property, and we believe a skilled nursing facility meets those criteria. List any other reasons to support this zone change. N/A Maximum Building Height. 10' measured to the eaves Proposed Drainage. Stormwater will be designed according to BCS Unified Stormwater Design Guidelines and will be collected in an on-site detention pond before being released into an existing storm sewer system on Driftwood Drive. Variations Sought. Please see the attached letter. Community Benefits. Please see the attached letter. Page 206 of 210 Page 3 of 4 Sustained Stability. The concept plan meets minimum design standards and offers single-family protection from the development. Additionally, we are offering to preserve viable trees at the north corner of the site to further buffer some of the parking from the adjacent residences. Conformity. The Comprehensive Plan intended Neighborhood Commercial uses to be compatible with adjacent and nearby single-family residential neighborhoods both in use and design. While we are asking to consolidate permittable building area into one building, it is being compensated by developing a low-intensity use that will not generate high traffic, nor require as many parking spaces as with retail. We believe this use and proposed layout are in conformity with the policies, goals and objectives of the Comprehensive Plan. Compatibility with use. A skilled nursing facility is a low intensity use that will not include adverse activities that will negatively impact the adjacent residences. A skilled nursing facility, by nature, is a residence and will be very compatible with the abutting and adjacent developments. Access to Streets. This development does not include dwelling units. Public Improvements. This development will provide all necessary infrastructure to the site. Sidewalks are available on Emerald Parkway and Corsair Drive. Public Health. The site will include single-family protections and be developed as a use that is very compatible to the adjacent residences. Additionally, the development will make improvements to drainage from this lot that currently affects the adjacent residential lots. This development will be a very good neighbor to the Emerald Forest neighborhood and will not be detrimental to the public health, safety, or welfare or materially injurious to properties in the vicinity. Safety. This use does not generate heavy amounts of traffic in any form compared to many of the other permitted uses in the Suburban Commercial zoning district. The traffic generated by this use will not adversely affect the safety nor convenience of transportation. Page 207 of 210 Page 4 of 4 Page 208 of 210 Page 209 of 210 March 24, 2022 Item No. 12.1. Council Reports on Committees, Boards, and Commissions Sponsor:City Council Reviewed By CBC:City Council Agenda Caption:A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bond Citizens Advisory Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 210 of 210