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03/25/2021 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular *Phone 888 475 4499 and Webinar ID: 934 3024 3812 Internet: https://zoom.us/j/93430243812 March 25, 2021 6:00 PM 1101 Texas Ave, College Station,  TX 77840 College Station, TX Page 1 *The City uses a third­party vendor to help host the meeting and if the call­in number is not  functioning access will be through the internet link only.       1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 2 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling  979­764­3500. 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. 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 (3) minute mark the City Secretary will announce that the speaker must  conclude their remarks.     2.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.     3.Consent Agenda     During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item. Presentation, discussion, and possible action on consent agenda items which consists of  ministerial or "housekeeping" items required by law. Items may be removed from the consent  agenda by majority vote of the Council.  3.1.Presentation, discussion, and possible action of minutes for: • March 11, 2021 Workshop Meeting • March 11, 2021 Regular Meeting   Sponsors:Tanya Smith  Attachments:1.WKSHP031121 DRAFT Minutes 2.RM031121 DRAFT Minutes Page 1 of 288  City Council Regular Page 2 March 25, 2021 3.2.Presentation, discussion, and possible action regarding a renewal of an Annual Price  Agreement for the Dielectric Testing of Electric Utility vehicles, tools, and Personal Protective  Equipment (PPE), to Titan Utility Services. The total recommended award is for an amount not  to exceed $132,052.   Sponsors:Timothy Crabb  Attachments:1.Contract Renewal 1 is on file in City Secretary's Office 3.3.Presentation, discussion, and possible action for the award of a contract for Electric and Water  Meter Reading Services to Alexander’s Contract Services, Inc. in the amount not to exceed  $448,068.58 for one year, with the option to renew two (2) one­year contract renewals.    Sponsors:Mary Ellen Leonard  Attachments:1.21300361 AlexandersContract 022421 3.4.Presentation, discussion, and possible action on approving annual water meter purchases from  Aqua Metric Sales Company through the Houston­Galveston Area Council (HGAC) contract  (#WM09­20).  Based on the attached contract unit pricing, the estimated annual expenditure for  water meters is: $174,427.77     Sponsors:Mary Ellen Leonard  Attachments:1.HGAC Order Form 022421 3.5.Presentation, discussion, and possible action on contract renewal 1 for the annual price  agreement of Electric Single­Phase Transformers, which will be maintained in electrical  inventory and expended as needed. The total recommended award is for Three Hundred Fifty­ Eight Thousand, Seven Hundred Seventy dollars and zero cents ($358,770.00) for the  purchase of Electric Single­Phase Transformers from KBS Electric Distribution.  Sponsors:Mary Ellen Leonard  Attachments:1.20300329R1 KBS Electrical Renewal 3.6.Presentation, discussion, and possible action regarding the appointment of a representative to  the Keep Brazos Beautiful Board.  Sponsors:Tanya Smith  Attachments:None 3.7.Presentation, discussion, and possible action related to amending Chapter 10, “Cemeteries,”  Article II, “City Owned or Maintained Cemeteries,” section 10­25, “Purchase Options,” of the  Code of Ordinances of the City of College Station regarding number of cremates per niche.  Sponsors:Steve Wright  Attachments:1.Cemetery Ordinance 3.8.Presentation, discussion, and possible action regarding the rejection of bids and cancelation of  bid 20­031 for the Three Phase Transformer for Switch Substation.   Sponsors:Timothy Crabb  Attachments:None Page 2 of 288  City Council Regular Page 3 March 25, 2021 3.9.Presentation, discussion, and possible action regarding an Ordinance amending Chapter 38,  “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38­1014 “Traffic Schedule XIV, No  Parking Here to Corner and No Parking Any Time,” by removing parking on the north side of  Louise Avenue between College Main Street and Second Street.  Sponsors:Jason Schubert  Attachments:1.Louise Parking Removal Ordinance  2.Parking Removal Exhibit 3.10.Presentation, discussion, and possible action regarding an Interlocal Agreement Between the  City of College Station and Rock Prairie Management District No. 2 relating to park facilities.  Sponsors:Aubrey Nettles  Attachments:1.Interlocal Agreement (Park Use Operation and Maintenance) 3­15­2021 3.11.Presentation, discussion, and possible action regarding revisions of section 15 Debt  Management and section 17 Operating Reserves/Fund Balances of the FY21 Fiscal and  Budgetary Policy Statement.  Sponsors:Mary Ellen Leonard  Attachments:1.Fiscal Manual ­ Fiscal And Budgetary Policy Statements ­ Redline    4.Regular Agenda     During the Regular agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing, if  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  4.1.Public Hearing, presentation, discussion, and possible action on Budget Amendment 2  amending Ordinance No. 2020­4206 which will amend the budget for the 2020­2021 Fiscal  Year in the amount of $1,264,249.  Sponsors:Mary Ellen Leonard  Attachments:1.FY21 BA#2 2.FY21 Budget Amendment _2 Ordinance 4.2.Public Hearing, presentation, discussion, and possible action approving an ordinance vacating  and abandoning a 0.0740 acre portion of a 10­foot Public Utility Easement, said portion lying  along the western property line of Lot 12, Block 10 of the Carter Lake Subdivision, Section 5,  according to the plat recorded in Volume 3250, Page 271, of the Official Records of Brazos  County, Texas.   Sponsors:Debbie Stickles   Attachments:1.Ordinance 2.Exhibit A 3.Vicinity Map 4.Location Map 5.Abandonment Application Page 3 of 288  City Council Regular Page 4 March 25, 2021 4.3.Public Hearing, presentation, discussion, and possible action approving an ordinance vacating  and abandoning a 0.138 acre portion of a 10­foot Public Utility Easement, said portion lying  along the east property line of Common Area 1, Block 1 of the Traditions Subdivision, Phase  101, according to the plat recorded in Volume 13623, Page 53, of the Official Records of  Brazos County, Texas.  Sponsors:Anthony Armstrong   Attachments:1.Ordinance Exhibit A 2.Vicinity Map 3.Location Map 4.Application 5.Ordinance 4.4.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the  zoning district boundaries from R Rural to E Estate and NAP Natural Areas Protected on  approximately 57 acres of land located at 9500 Rock Prairie Road.  Sponsors:Rachel Lazo   Attachments:1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, & Small Area Map 4.Applicant's Supporting Information 5.Rezoning Exhibit 4.5.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the  zoning district boundaries from R Rural and CI Commercial Industrial to BP Business Park on  approximately 10 acres of land located at 4520 Raymond Stotzer Parkway.  Sponsors:Rachel Lazo   Attachments:1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, & Small Area Map 4.Applicant's Supporting Information 5.Rezoning Exhibit 4.6.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the  zoning district boundaries from M­2 Heavy Industrial to CI Commercial Industrial on  approximately 2.6 acres of land located at 777 Graham Road.  Sponsors:Rachel Lazo   Attachments:1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, and Small Area Map 4.Applicant's Supporting Information 5.Rezoning Exhibit Page 4 of 288 City Council Regular Page 5 March 25, 2021 4.7.Presentation, discussion, and possible action regarding a professional services contract with  Binkley & Barfield in the amount of $646,642.50 for the Design of James Parkway and Puryear  Drive Rehabilitation  and Design of Mabel Clare Thomas Park Improvements  and resolution  declaring intention to reimburse certain expenditures with proceeds from debt. Sponsors:Emily Fisher Attachments:1.James Puryear Scope and Fee 3.5.21 2.ST2003 DRR 5.Presentation,  discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of  specific factual information or the recitation of existing policy may be given. Any deliberation shall be  limited to a proposal to place the subject on an agenda for a subsequent meeting.  6.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 19, 2021 at 5:00 p.m. 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) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate   arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   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.”  City Secretary Page 5 of 288 March 25, 2021 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • March 11, 2021 Workshop Meeting • March 11, 2021 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP031121 DRAFT Minutes 2.RM031121 DRAFT Minutes Page 6 of 288 WKSHP031121 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION MARCH 11, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant 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 Workshop of the College Station City Council was called to order by Mayor Mooney via Teleconference at 3:30 p.m. on Thursday, March 11, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, §551.074-Personnel, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 3:31 p.m. on March 11, 2021, in order 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 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 Page 7 of 288 WKSHP031121 Minutes Page 2 B.Consultation with attorney to receive legal advice; to wit: Legal advice regarding electric utility and Winter Storm Uri. C. Deliberation on the purchase, exchange, lease, or value of real property; to wit: An approximately 19-acre tract of land along the north frontage road of Texas State Highway 6 south at its intersection with Corporate Parkway. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation E. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: Power Supply Executive Session recessed at 5:11 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Items 3.2, 3.6, 3.7, 3.8, 3.9, and 3.14 were pulled from Consent for clarification. (3.2): Mary Ellen Leonard, Finance Director, provided a brief overview of Rates and Charges in the updated fee resolution. Specifically, she addressed Garbage Container Cost in Division (4); the required state cost on the Ch. 28. Municipal Court of Record; and Chapter (6): Animals / Article I. In General Sec. 6-150(c). Rabbits - Permit requirements. (3.6): Councilmember Maloney made a statement regarding the new traffic signal at the intersection of Harvey Mitchell Parkway (FM 2818) and Dartmouth Drive. (3.7): Aubrey Nettles, Economic Development Manager, explained that this property located within the boundaries of the Interlocal Agreement, the District will develop and dedicate parks to the City through the standard development dedication process. Additionally, the District will maintain and program parks and related facilities. Mrs. Nettles also stated that the District agrees at its sole cost and expense to perform the day-to-day operation and maintenance of the park and park facilities and to perform ordinary repairs and maintenance. The District has the right to receive all revenue collected from District programmed activities held within these park and park facilities. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Harvell the City Council voted seven (7) for and none (0) opposed, to postpone Consent Item 3.7 from the vote of the Consent Items. The motion carried unanimously. (3.8): Aubrey Nettles, Economic Development Manager, explained that this item is a clean-up item that will enable the Rock Prairie Management District No. 2 to utilize any available revenue source to construct, maintain, and finance parks and recreational facilities and improvements as permitted under Chapter 3909 of the Special District Local Laws Code and Chapter 375, Texas Local Government Code. Page 8 of 288 WKSHP031121 Minutes Page 3 (3.9): Aubrey Nettles, Economic Development Manager, stated that College Station Downtown Residential, LLC, has filed a petition requesting consent to the annexation of 33.342 acres of land into Rock Prairie Management District No. 2. Pursuant to Sect. 3909.110 and 3909.111 Texas Special District Laws Code and Subchapter J, Chapter 49 Texas Water Code, the District must obtain City approval for the annexation of land and subsequent issuance of bond indebtedness; therefore, the District has come to the City for consent. (3.14): Jeff Capps, Interim City Manager, explained that on March 2, 2021, Texas Governor Greg Abbott issued Executive Order GA-34, which provided that while individuals are strongly encouraged to wear face coverings over the nose and mouth wherever it is not feasible to maintain six feet of social distancing from another person not in the same household, no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering. This goes into effect at 12:01 a.m. on March 10, 2021. In order to not be in conflict with GA-34, staff recommends that Council repeal Ordinance No. 2020-4197. 5. Workshop Agenda 5.1 Presentation, discussion, and possible action on the public input gathered on the proposed Restricted Occupancy Overlay ordinance. Alyssa Halle-Schramm, Planning and Development, stated that City Council requested that City staff draft a Restricted Occupancy Overlay (ROO) ordinance and associated handbook that would allow single-family property owners the option to request an overlay zoning restricting occupancy to no more than two unrelated persons in their subdivision. The Council asked for a process that mirrored the City’s Neighborhood Conservation Overlay ordinance and handbook, as well as used the City of Bryan’s Residential-Neighborhood Conservation zoning district as a base. Ms. Halle- Schramm explained that staff conducted research, drafted an ordinance and handbook, and presented these during workshop sessions of the Planning & Zoning Commission on June 18, 2020, and City Council on June 25, 2020. The Council requested additional public input on a few key items so that everyone impacted and particularly neighborhoods, the real estate and development community, and university students could provide meaningful input. Staff began that process in August 2020 and quickly identified there were substantial concerns regarding the City’s definition of “related’ and how it affected the determination of a “family.” In response to citizen concern and Council direction, staff paused the ROO public input process and overhauled the definitions to address their restrictive nature and modernize them in accordance with legal precedent. The updated definitions, which substantially revised “family” and removed “related,” were adopted by the City Council on December 10, 2020. With the new “family” definition in place, staff launched the ROO public input process. Staff hosted three public input meetings that were specifically tailored to the aforementioned groups, including February 8 for the real estate and development community, February 22 for university students, and February 23 for neighborhood organizations. Staff also hosted an online poll from February 9 through 26. At approximately 6:23 p.m., Mayor Mooney opened for Citizens Comments. Jeff Leatherwood, College Station, came before Council representing a group to express that they are not in support of the proposed ROO and how disappointed they are that this matter is before council again. Mr. Leatherwood stated that the ROO is not in the best interest of the community and its supporters are misrepresenting facts to gain support. He stated that passing this ROO would Page 9 of 288 WKSHP031121 Minutes Page 4 take rights away from current and future property owners and still fail to make property more affordable or address concerns surrounding student housing. Donald Deere, College Station, came before Council representing a group to express their concerns on a potential ROO which could remove existing rights and harm the financial interests of owners in the process. If an ordinance was put into effect it should follow the structure and not the owner, thus allowing grandfathering until the structure was substantially changed. He believes the structure determines the use and largely helps determine the character of the neighborhood. Fred Dupriest, College Station, came before Council representing a group to express support for the proposed ROO and particularly the 50% +1 option for implementation. He stated that at higher thresholds it becomes very difficult for the protections of a potential ROO to be enacted and by his estimations only 15-18% of the 560 subdivisions are likely to obtain protection. Also, he believes rentals in neighborhoods harm homeowners by artificially raising home prices and taxes, and has a disproportionate effect on lower income home owners. Charles Coats, College Station, stated that he is not in support of the ROO. He works with Habitat of Humanity and believes that there should be an exception for owner occupied rentals. Sherry Frisk, College Station, stated that she has been a longtime resident who believes that to preserve neighborhoods and history the ROO could help with those. David Higdon, College Station, stated that he has lived in 7 cities in the last 40 years and he has seen bad communities and good communities. He believes that to protect neighborhoods the proposed ROO should be moved forward. Robert McGeachin, College Station, stated he is a former student who lived in a rental home and eventually bought into the city. He believes that the nature of home rental has changed over time and the ROO could help restore or preserve neighborhoods. Diana Wood, College Station, stated that she is in support of the ROO as it helps protect communities and prevents the home from being turned into a rent generating business. Andra Wisian, College Station, stated that she owns a home which she bought for her children to attend college but now rents it. She believes the ROO is unnecessary and intrusive on individuals and property owners rights. Richard Woodward, College Station, stated that he supports the ROO and adopting this proposed ordinance will have minimal negative impact on rental property values. Kathleen Harrison, College Station, stated that she is not in support of the ROO. She explained that she bought a home for her college student and this will not achieve its goal of protecting neighborhoods if adopted. Patricia McDermott, College Station, explained that she has lived in College Station since 1976 but has been in Southside since 1999. Southside is now 75% student population and she is requesting that council help by enacting a ROO as tool for neighborhoods. Aundrea Ellis, College Station, came before council in support of the proposed ROO as she believes it would bring integrity back to a peaceful neighborhood and to remove the havoc that the rental properties have caused. Page 10 of 288 WKSHP031121 Minutes Page 5 Linda Lee, College Station, stated that she is in support of the proposed ROO and explained that while she has been waiting on her home to be built, she is living in a rental home. She stated that many of the rental homes around her have been a problem with noise, traffic, safety of children and the amount of trash. Elianor Vessali, College Station, stated that she does not support the ROO and the rent-by-the- room model forwarded by many supporters has been overstated in its use. This ordinance is based on false logic and a desire to impose special interest group standards on property owners. Margrit Moores, College Station, stated that a ROO will help stop the cancer that is eating away at local family neighborhoods. She also stated if you do not live in this situation every day you cannot understand what families are going through with the commercial rent model in neighborhoods. Virgia Thomas, College Station, stated that she is in support of the proposed ROO and suggested that investors come and live in her neighborhood for a while and see what is happening. Ms. Thomas explained that because of the traffic, noise, trash, drugs, and the overcrowding her elderly mother and mother in law cannot even walk down the sidewalks. There being no comments, the Citizens Comments was closed at 7:49 p.m. A majority of Council directed staff to bring this item back as a regular agenda item at a special Council meeting and include a draft ordinance incorporating the required petition percentage of property owners in support of the ROO at 50% plus 1 and include a legacy clause regarding substantial structural alterations, demolition, and lots divided. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit 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, Comprehensive Plan Evaluation 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.) Councilmember Nichols reported on BVSWMA. Page 11 of 288 WKSHP031121 Minutes Page 6 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 9:12 p.m. on Thursday, March 11, 2021. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 12 of 288 RM031121 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION MARCH 11, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant 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 and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 9:21 p.m. on Thursday, March 11, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments Robert Rose, Bryan, came before Council to request they consider temporarily rescinding support for Bryan’s MSD pending further review, and that they allow concerned environmental scientists and concerned persons to testify regarding the environmental impact. 3.CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for: February 25, 2021 Workshop Meeting February 25, 2021 Regular Meeting Page 13 of 288 RM031121 Minutes Page 2 3.2. Presentation, discussion, and possible action on Resolution No. 03-11-21-3.2 adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance” Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas and repealing all prior resolutions and amendments. 3.3 Presentation, discussion, and possible action regarding the fiscal year FY 20 deferred funding of $1,146,926 to the Phase II Systems dba Public Agency Retirement Services (PARS) OPEB Trust. 3.4 Presentation, discussion, and possible action on the second reading of a franchise agreement Ordinance No. 2021-4243 with Vos Transport LLC for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industrial, and multifamily locations. 3.5 Presentation, discussion, and possible action regarding Resolution No. 03-11-21-3.5 approving an advance funding agreement (AFA) in the amount of $31,464 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the intersection of SH 40 and FM 2154. 3.6 Presentation, discussion, and possible action regarding a construction contract in the amount of $326,577.33 with Bayer Construction Electrical Contractors, Inc. for the installation of a traffic signal at the intersection of Harvey Mitchell Parkway (FM 2818) and Dartmouth Drive. 3.7 Presentation, discussion, and possible action regarding an Interlocal Agreement between the City of College Station and Rock Prairie Management District No. 2. relating to park facilities. 3.8 Presentation, discussion, and possible action regarding Resolution No. 03-11-21-3.8 of the City Council of the City of College Station, Texas, amending Resolution No. 07-09-15-02 adopted July 9, 2015, authorizing the Rock Prairie Management District No. 2 relating to park and recreational facilities. 3.9 Presentation, discussion, and possible action regarding Resolution No. 03-11-21-3.9 of the City Council of the City of College Station, Texas, granting consent to the annexation of approximately thirty-three acres of land into the Rock Prairie Management District No. 2 located within the city. 3.10 Presentation, discussion, and possible action regarding the adoption of Resolution No. 03- 11-21-3.10 approving three (3) substantial amendments to the Program Year 2020 Annual Action Plan to reprogram Community Development Block Grant funding and HOME Investment Partnership Program funding to address repairs to owner-occupied homes and economic assistance for businesses affected by COVID-19. 3.11 Presentation, discussion, and possible action regarding Ordinance No. 2021-4244 amending Chapter 40, "Utilities", Article II "Water and Sewer Service" of the Code of Ordinances of the City of College Station, Section 40-65, “Rates for Sewerage Service.” Page 14 of 288 RM031121 Minutes Page 3 3.12 Presentation, discussion, and possible action as it relates to the appointment of a new member, representing the City of College Station, to the Aggieland Humane Society Board. 3.13 Presentation, discussion, and possible action regarding a revision to Community Development Minor Repair Guidelines to provide greater flexibility in addressing housing repairs that address the health and safety of the homeowner. 3.14 Presentation, discussion, and possible action regarding Ordinance No. 2021-4245 repealing Ordinance No. 2020-4197 regarding face coverings for commercial entities. 3.15 Presentation, discussion, and possible action on Resolution No. 03-11-21-3.15 recognizing Texas A&M University and their Lead by Example campaign, which raised $4.25 billion in the state’s largest higher education campaign. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Crompton the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, with the exception of Consent Items 3.7 and 3.10 with a no vote, and Item 3.15 for a separate vote. The motion carried unanimously. (3.15) 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 approve Consent Item 3.15 Resolution No. 03-11-21-3.15 recognizing Texas A&M University and their Lead by Example campaign, which raised $4.25 billion in the state’s largest higher education campaign. The motion carried unanimously. 4.REGULAR AGENDA 4.1 Presentation, discussion, and possible action regarding a construction manager at risk contract with Jacody Construction, LP for the construction of the new facilities maintenance shop and Resolution No. 03-11-21-4.1 declaring intention to reimburse certain expenditures with proceeds from debt. Emily Fisher, Assistant Director of Public Works, stated that the city is constructing an approximately 7,500 square foot building and shop for the facilities maintenance division which is currently located at 1207 Texas Avenue. The proposed building will be located behind the current municipal court building located at 300 Krenek Tap Rd. Staff has determined that a construction manager at risk procurement method is the most beneficial for this project. The submittals were evaluated by a staff committee made up of stakeholders and Jacody Construction, LP was chosen, with a construction budget for this project of $1,500,000. The proposed construction manager at risk fee is 5% of the construction cost, and once design is further along, the contractor will submit a guaranteed maximum price (GMP) for council consideration and approval. Mrs. Fisher explained that budget in the amount of $1,700,000 is currently appropriated for this project in the Facilities and Technology Capital Improvement Projects Fund. A total of $145,471 has been expended or committed to date, leaving a balance of $1,554,529 for this contract and remaining project expenses MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve a construction manager at risk contract with Jacody Construction, LP for the construction of the new facilities maintenance shop and Resolution No. 03-11-21-4.1 declaring intention to reimburse certain expenditures with proceeds Page 15 of 288 RM031121 Minutes Page 4 from debt. The motion carried unanimously. 4.2 Presentation, discussion, and possible action regarding Ordinance No. 2021-4246 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Jeff Capps, Interim City Manager, stated that on March 8, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, and February 8, 2021. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, with Councilmembers Cunha and Nichols voting against, to adopt Ordinance No. 2021-4246 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 4.3 Presentation, discussion, and possible action regarding the appointment of Planning & Zoning Commission representatives to the BioCorridor Board. Tanya Smith, City Secretary, provided the recommendation of Planning & Zoning Commission to appointment Jeremy Osborne and Joe Guerra as the Planning & Zoning Commission representatives to the BioCorridor Board. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to appoint Jeremy Osborne and Joe Guerra as the Planning & Zoning Commission representatives to the BioCorridor Board. The motion carried unanimously. 5.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Crompton requested an item on opportunities to promote masking wearing and other COVID precautions in the city. Mayor Mooney requested an item to discuss current and potential building restrictions, beyond the NCO, for the protection of neighborhoods. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 9:48 p.m. on Thursday, March 11, 2021. Page 16 of 288 RM031121 Minutes Page 5 ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 17 of 288 March 25, 2021 Item No. 3.2. Annual Price Agreement for Dielectric Testing of Electric Utilities Equipment Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a renewal of an Annual Price Agreement for the Dielectric Testing of Electric Utility vehicles, tools, and Personal Protective Equipment (PPE), to Titan Utility Services. The total recommended award is for an amount not to exceed $132,052. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the award of the annual price agreement to Titan Utility Services for an amount not to exceed $132,052. Summary: On November 7, 2019, three (3) sealed bids were received and opened (Request for Proposal 20-006) for the annual price agreement for Dielectric Testing of electric vehicles, tools, and PPE. Electric staff recommended awarding the contract to a single vendor, Titan Utility Services. City Council was presented and awarded the Annual Price Agreement on February 27, 2021, item 4.11. This renewal for Dielectric Testing of Electric Utility Vehicles is the first renewal of two possible one (1) year renewals. Budget & Financial Summary: Funds are budgeted and available in the Electric Fund. Various projects may be expensed as services are rendered and supplies are pulled from inventory and issued. Reviewed & Approved by Legal: No Attachments: 1.Contract Renewal 1 is on file in City Secretary's Office Page 18 of 288 Contract Renewal 1 is on file in City Secretary’s Office Page 19 of 288 March 25, 2021 Item No. 3.3. Award of a contract for Electric and Water Meter Reading Services to Alexander’s Contract Services, Inc. in the amount not to exceed $448,068.58 for one year, with the option to renew two (2) one-year contract renewals Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action for the award of a contract for Electric and Water Meter Reading Services to Alexander’s Contract Services, Inc. in the amount not to exceed $448,068.58 for one year, with the option to renew two (2) one-year contract renewals. Relationship to Strategic Goals: - Core Services and Infrastructure Recommendation(s): Staff recommends City Council approve the contract for Alexander’s Contract Services, Inc. for Electric and Water Meter Reading Services, in the amount not to exceed $448,068.58. Summary: The City received two (2) RFP responses. The responses were reviewed and evaluated and Alexander’s Contract Services, Inc. was chosen to negotiate and award a contract. This contract will be for one year with a not to exceed amount of $448,068.58. The contract offers options to renew two (2) one-year renewals for a total of three (3) years. 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 is a not-to-exceed contract with the contract being set at an estimated cost before AMI installation. Once the AMI Installation project has been completed for the Electric utility, the number monthly meter reads will be reduced by approximately 39%. Based on the current project plan, we anticipate that the full savings will be realized in FY22. Budget & Financial Summary: Funds are budgeted and available in the Utility Customer Service Fund budget. Reviewed & Approved by Legal: No Attachments: 1.21300361 AlexandersContract 022421 Page 20 of 288 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 448,068.58 Alexander's Contract Services was considered the most qualified. Page 21 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 1 CITY OF COLLEGE STATION GENERAL SERVICE CONTRACT This General Service Contract is by and between the City of College Station, a Texas Home- for the following work: _______________________________________________________________________________ as described in the Scope of Services attached as ARTICLE I PAYMENT AND TERM 1.01 Consideration. In consideration for the services performed in the Scope of ity shall pay the Contractor an amount not to exceed ___________________________________________________________ and ____/100 Dollars ($____________). 1.02 Payment Application. Within seven (7) calendar days of completion of the services the Contractor will submit its payment application to the City. 1.03 The City will pay Contractor as shown in Exhibit Payment Schedule, for the services performed no later than thirty (30) calendar days from the date of the City 1.04 Time is of the Essence. The Contractor must complete all the services described in the Scope of Services by the following dates: ____________________________________________________________. OR 1.04 Term. The initial term of the Contract is for one (1) year with the option to renew for two (2) additional one (1) year terms for a total of three (3) years. Any renewal must be in writing and executed by the parties. 1.05 Executed Contract. commence until this Contract is fully executed and all exhibits and other attachments are completely executed and attached to the Contract. ARTICLE II CHANGE ORDERS 2.01 Changes will not be made, nor will invoices for changes, alterations, modifications, deviations, or extra work or services be recognized or paid, except upon the prior written order from authorized personnel of the City. The Contractor will not execute change orders on behalf of the City Alexander's Contract Services, Inc. Utility Meter Reading as specified in RFP#21-010 Four Hundred Fourty Eight Thousand, Sixty-Eight 58 448,068.58 Page 22 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 2 or otherwise alter the financial scope of the services except in the event of a duly authorized change order approved by the City as provided in this Contract. (a) City Manager Approval. When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council of the City must approve such change order prior to commencement of the services or work; and (b) City Council Approval. When the original contract amount plus all change orders is greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000. For such contracts, when a change order exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work. The sum of all change orders may not exceed 25% of the original contract amount. (c) Increase in Scope. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in Article I of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. (d) Dispute. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. ARTICLE III INDEPENDENT CONTRACTOR AND SUBCONTRACTORS 3.01 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor retained for the services described in the Scope of Services. The Contractor shall be solely responsible for and have control over the means, methods, techniques and procedures, and for coordination of all portions of the work or services. Unless otherwise provided in the Contract, the Contractor shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work or services. In addition, at the appropriate times, the Contractor shall arrange and bear cost of tests, inspections, and approvals of portions of the work or services required by the Contract or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. The City will not control the manner or the means of the Contractor's performance, but shall be entitled to a work product as in the Scope of Services. The City will not be responsible for reporting or paying employment taxes or other similar levies that Page 23 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 3 may be required by the United States Internal Revenue Service or other State or Federal agencies. This Contract does not create a joint venture. 3.02 Subcontractor. shall mean and include only those hired by and having a direct contact with Contractor for performance of work or services on the Project. The City shall have no responsibility to any subcontractor employed by a Contractor for performance of work or services on the Project, and all subcontractors shall look exclusively to the Contractor for any payments due. The Contractor shall be fully responsible to the City for the acts and omissions of its subcontractors. Nothing contained herein shall create any contractual or employment relations between any subcontractor and the City. ARTICLE IV INSURANCE 4.01 The Contractor shall procure and maintain, at its sole cost and expense for the duration of this Contract, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services performed by the Contractor, its officers, agents, volunteers, and employees. 4.02 volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in E . requirements of this section. 4.03 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation . (d) Cyber Liability 4.04 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. (b) Certificates of Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the attached to this Agreement as Exhibit C; and shall be approved by the City before work begins. (c) Contractor shall be responsible for all deductibles on any policies obtained in compliance with this Agreement. Deductibles shall be listed on the Certificate of Insurance and are acceptable on a per-occurrence basis only. Page 24 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 4 (d) The City will accept only licensed Insurance Carriers authorized to do business in the State of Texas. (e) . (f) Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. 4.05 Commercial General Liability. The following Commercial General Liability requirements shall apply: (a) better under the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured - to self-insurance or any insurance the City may have or obtain. (c) Limits of liability must be equal to or greater than $1,000,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $2,000,000.00. Limits shall be endorsed to be per project. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being submi acceptance. (e) The coverage shall not exclude the following: premises/operations with separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. 4.06 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated er the current A. M. Best Key Rating Guide. (b) Policies shall contain an endorsement listing the City as Additional Insured - to self-insurance or any insurance the City may have or obtain. (c) Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. (d) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page. (e) The coverage shall include any autos, owned autos, leased or rented autos, non-owned autos, and hired autos. 4.07 Insurance. The following shall include the following terms: Page 25 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 5 (a) ility minimum limits of liability not less than $1,000,000 for each accident/each disease/each employee are required; (b) ; and (c) TEXAS must appear in Ite named in . 4.08 Cyber Liability. Minimum limits of $2,000,000 for third party losses. Coverage must include: (a) Unauthorized Access/use; (b) Computer Virus; (c) Denial of Service Attack; (d) Libel, Cyber-libel, Slander, Product Disparagement; (e) Violation of Right of Privacy; (f) Regulatory Costs; (g) Privacy Costs- Privacy Injury and Identity Theft; (h) Errors & Omissions Liability; (i) Replacement or Restoration of Electronic Data (First Person); (j) Extortion Threats; (k) Business Income and Extra Expense (to $1 million); (l) Public Relations Expense; and (m)Security Breach Expense. ARTICLE V TECHNOLOGY REQUIREMENTS 5.01 Cloud Provider. When some or all of Provider, the following shall apply: (a) Security Policies and Procedures. The Contractor shall provide the City with copies of its information security policies and procedures within three (3) business days upon Ci i. Data Classification and privacy; ii. Security training and awareness; iii. Systems administration, patching and configuration; Page 26 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 6 iv. Incident response; v. Managing workstations, mobile devices and antivirus applications; vi. Backups, disaster recovery and business partners and contractors; vii. Audit and testing schedules; viii. Requirements for third-party business partners and contractors; ix. Compliance with information security or privacy laws, rules, regulations or standards; x. Evidence of background checks that support security of sensitive or confidential information; xi. Disclosure of previous data breaches; and xii. Any other relevant information regarding security policies or procedures. (b) Industry Best Practices. Contractor must provide all services using the best commercially-available security technology and techniques according to industry including those relating to fraud prevention and detection and any other inappropriate system and network use or access, including: i. Providing secure (SSL, HTTPS, or similar) access to all levels of users as defined by the City via the internet; ii. Having controls meeting applicable laws and the latest Framework for Improving Critical Infrastructure Cyber security from National Institute of Standards and Technology (NIST) or compatible industry security frameworks; iii. Completely testing and applying patches for hardware bios/firmware, bare metal operating systems (e.g. VMware ESXi), virtualized server operating systems, and software products before release; and iv. Having all servers providing work to the City solely physically located within the continental United States of America. Contractor must house all servers and equipment in an operational environment meeting industry standards including a climate-controlled room with a fire and security hazard detection system and a network and electrical redundancy system, including backup Uninterruptable Power Supply (UPS) and automatic fail- over stand-by generators and physical security. (c) Data Breach. i. Notice. Contractor must immediately notify the City by telephone and email no later than twenty-four (24) hours if there is a reasonable probability of a data security incident. Contractor must send a written letter following up on the data security incident within forty-eight (48) hours following a data breach. The Contractor must: Page 27 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 7 1. incident in a timely manner; 2. Promptly implement necessary remedial measures; and 3. Document responsive actions taken related to the data breach, including any post-incident review and actions taken to make changes in business practices in providing the work, if necessary. ii. breach of the Contract, Contractor must: 1. Bear any costs associated with the investigation and resolution of the data breach 2. Notify individuals, regulators and all others required by Identity Theft Enforcement and Protection Act in the Texas Business and Commerce Code Chapter 521 Unauthorized Use of Identifying Information; 3. Engage a credit monitoring service or identity protection service; 4. Publish a website or toll-free number and call center for affected individuals as required by state or federal law; 5. Complete all corrective actions as reasonably determined based on root cause; and 6. Send the City written findings and remedial measures from the data breach. (d) Preventive Security Procedures. Contractor must: i. Provide on-going software updates as they become available complying with the defined maintenance windows. The Contractor must completely test updates; including any bug fixes, patches and other improvements; ii. Monitor system and error logs and perform preventive maintenance to minimize and predict system problems, including initiating and completing an appropriate response; iii. Conduct a third-party independent security/vulnerability assessment at its own expense at least annually and submit the results of such assessment to the City; iv. Agree to third-party application and vulnerability security scans and schedules; v. security/vulnerability assessment results aligning with City Security Vulnerability Assessment Standards; vi. Limit logical and physical access to all system components and provide access only to those individuals with a business need for work provided. Page 28 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 8 Individuals who have access to systems and data must have a criminal background check; vii. Annually audit the data center through an independent third-party auditor. Organization Control (SOC) report. The audit results must comply with industry standard controls for data security and disaster recovery that the Contractor shall report to the City in writing; and viii. Take all necessary measures to protect the data and encryption keys including, but not limited to the off-site servers daily backup according to industry best practices and encryption techniques. (e) Disaster Recovery. Contractor must comply with any and all City disaster recovery and resiliency protocols to prevent system interruption. In the event of system breach, Contractor shall notify the City and restore the system within twenty-four (24) hours from discovery of breach. (f) Closeout. i. Agreement Expiration. When the Agreement term expires or terminates, return to the City all intellectual and physical property subject to the Agreement including, but not limited to system configuration data and control. ii. Access. The City will have access to export and retrieve its data for no less than ninety (90) days after the Agreement expiration or termination date. The City must be able to access its data at any time during the Agreement term in a readily readable, structured and documented format, such as CSV- format or some other standard format offered by the Contractor. The Contractor must provide the City transition work after Agreement -current and generally- charged hourly rates. iii. termination, the Contractor must remove, delete, purge, overwrite or otherwise render inaccessible within a reasonable time, all City data extent possible based on the then- current technology available. Contractor must provide the City a written and signed statement confirming data has been deleted, purged, overwritten or otherwise rendered inaccessible. The Contractor will not otherwise delete Page 29 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 9 ARTICLE VI INDEMNIFICATION AND RELEASE 6.01 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its Council members, officials, officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, injury to or death of any person or for damage to any property arising out of or in connection with the work or services done by the Contractor under this Contract. Such indemnity shall apply regardless of whether the claims, losses, damages, causes of action, suits, or liability arise in whole or in part from the negligence of the City, any other party indemnified hereunder, the Contractor, or any third party. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 6.02 Release. The Contractor assumes full responsibility for the work to be performed hereunder and hereby releases, relinquishes, and discharges the City, its Council members, officials, officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE VII GENERAL TERMS 7.01 Performance. Contractor, its employees, associates, or subcontractors shall perform all the work or services described in the Scope of Services in a good, workmanlike, and professional manner and in accordance with this Contract, and all applicable laws, codes, and regulations. Contractor shall be fully qualified and competent to perform the work or services. Contractor shall undertake and complete the work or services in a timely manner. 7.02 Termination. The City may terminate the Project and this Contract, at any time, for convenience. In the event of such termination the City will notify the Contractor in writing and the Contractor shall cease work immediately. Contractor shall be compensated for the work or services performed. Should the City terminate this Contract for convenience, the City shall pay Contractor for the work or services performed and expenses incurred before the date of termination. 7.03 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. Page 30 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 10 7.04 Amendment. This Contract may only be amended by written instrument approved and executed by the parties. 7.05 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials incorporated into the project. If necessary, it is the Contractor's responsibility to obtain a sales tax permit, resale certificate, and exemption certificate that shall enable the Contractor to buy any materials to be incorporated into the project and then resell the aforementioned materials to the City without paying the tax on the materials at the time of purchase. 7.06 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 7.07 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 7.08 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 7.09 Invalidity. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 7.10 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Agreement as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Agreement excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Agreement without necessity of additional consideration. 7.11 Entire Agreement. This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 7.12 Agree to Terms. The parties state that they have read the terms and conditions of this Contract and agree to the terms and conditions contained in this Contract. Page 31 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 11 7.13 Effective Date. This Contract goes into effect when duly approved by all the parties hereto. 7.14 Notice. CITY OF COLLEGE STATION Attn: _______________ PO BOX 9960 Attn: ___________________ 1101 Texas Ave ________________________ College Station, TX 77842 ________________________ ________________@cstx.gov ________________________ 7.17 Exhibits. Jennifer Smith jrsmith ALEXANDER'S CONTRACT SERVICES INC. Bill Van Wagoner 8655 Morro Rd, STE C Atascadero, CA 93422 billv@alexander-co.com Page 32 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 Page | 12 List of Exhibits A. Scope of Services B.Payment Schedule C. Certificates of Insurance CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: ALEXANDER'S CONTRACT SERVICES, INC. Page 33 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 EXHIBIT A SCOPE OF SERVICES The terms and conditions of this Contract shall take precedence and control over any term or provision of the Scope of Services that in any way conflicts with, differs from, or attempts to alter the terms of this Contract. Page 34 of 288 Page 35 of 288 1 TAB A – Executive Summary January 15, 2021 City of College Station PO Box 9960 1101 Texas Ave. College Station, TX 77840 Re: Proposal for Utility Meter Reading Services – RFP #21-010 Please find enclosed information regarding Alexander’s response to the City of College Station’s RFP for Utility Meter Reading Services. ACS proposes to provide continuing service through the benefits of the Cloud SST meter reading solution used by our service crews. In addition to our conscientious and experienced work force, the Cloud SST solution also includes the proprietary “Certified Read Program” that provides a photo of each manually read meter and associated “Certified Read Reports” at the Client’s Secure Web Based Portal. The “Certified Read will also include a GPS coordinate, and meter ID verification which provides irrefutable proof that the meter reader is at the correct meter location. Alexander’s Contract Services is confident in our ability to provide the highest level of products and service required by the City of College Station Utilities. Through the ACS Cloud Smart Server Technology (CSST) software and real time meter reading services, the City will find additional benefits such as: • Data communicated to the Web Server via fast and efficient wireless 802.11 b/g connectivity or through Verizon’s secure M2M gateway, ensuring accuracy and reliability in collected reads. • Seamless file interface to College Station’s existing utility meter billing product. • Elimination of rereads by use of the ACS CSST “Certified Read” feature. • College Station staff could monitor all daily work performance and real-time field activity through the powerful report selections in the ACS Cloud SST system. ACS appreciates the opportunity to respond to the City’s RFP and contacts for this RFP at Alexander’s Contract Services would be: Bill Van Wagoner (Sales) or Mark Hibshman (Field Operations) 805-461-3458 x500 805-461-3458 x400 billv@alexander-co.com markh@alexander-co.com Sincerely, Bill Van Wagoner Alexander’s Contract Services, Inc. Page 36 of 288 2 TAB B – Qualifications and Experience 1. Briefly introduce your firm Alexander’s Contract Services (ACS), a privately owned company, has provided meter reading services to municipalities, water districts and other local entities since 1968. We currently manage over 10,500,000 meters annually in cities from California to Virginia. ACS has been providing the powerful Cloud Smart Server Technology (CSST) meter reading software and ultra-rugged handhelds for over 17 years and draws on over 52 years of experience in the water utility industry. ACS is a privately held “S” Corporation with over 170 employees. Our regional offices are in California, Illinois, Utah, Texas, Virginia and Florida. Sales and Support offices are in Chicago, Illinois and Salt Lake City, Utah. ACS is headquartered in Atascadero on California’s central coast. TEXAS METER READING OPERATIONS CHART Mark Hibshman CEO Chris Molina COO Mike Lakes Vice President of Operations Matt Sotello Texas Supervisor Jose Garza Jr Supervisor Readers Readers Page 37 of 288 3 2. Identify the project manager and each individual who will work as part of this engagement Mike Lakes - Project Leader (Vice President Operations) Tenure with ACS: 2009 to Present Mr. Lakes has been a member of the Alexander's management team for over 8 years. Throughout that time Mike has demonstrated strength in management and strong administrative skills. Mike oversees the field management of meter reading operations, which includes approximately 9,500,000 meters read annually by the Alexander crews. He has been successfully involved with implementing and managing projects at Corona, Irvine Ranch Water District, Virginia Beach, San Clemente, Newport Beach, City of Davis and Sacramento County, and has overseen the Bartow, Florida, Bellaire, TX and Western Municipal Water District transitions. Mike started his career at Alexander's in 2009 and has worked his way through the management ranks. His depth of technical abilities and meter knowledge makes him a leader in the utility industry. He has strengths in hiring and training new personnel and the day-to-day management of their presentation and daily performance in the various functions in the field. His ability to relate to the readers the challenges and the importance of quality meter reading has made him a strong and respected leader. Notable meter reading project management experience: Newport Beach, CA - 2011 City of Corona, CA - 2011 Irvine Ranch Water District, Irvine, CA - 2011 City of San Clemente, CA - 2012 City of Bartow, FL - 2014 City of College Station, TX - 2015 Eastern Municipal Water District, Perris, CA - 2015 City of San Luis Obispo, CA - 2015 Lee Lake Water, CA - 2015 Las Virgenes Municipal Water District, Calabasas, CA - 2015 Western Municipal Water District, Riverside, CA – 2016 City of Virginia Beach, VA – 2017 City of Santa Monica, CA – 2019 Matt Sotello – Regional Supervisor (Project Leader) Tenure with ACS: 2013 to Present Matt has been working for Alexander's for over 7 years and has developed to be one of the most effective managers of meter reading crews in the company. Matt came to Alexander’s with many years of meter reading experience and he quickly demonstrated his value as a field leader. In fact, Matt has been working and growing in knowledge and ability in the meter reading field for over 15 years. In 2017 he was promoted to Supervisor and has enjoyed the experience ever since. Matt has primary responsibility to the cities of College Station and Temple, and, oversees 12 crew members between those two cities. Matt ensures first and foremost that the customer’s needs are met through cross check of unreads and rereads, exception photos, and through rerouting to create the most effective and efficient means of providing accurate and timely reading. His philosophy is that no meter is “left behind” during Page 38 of 288 4 the read schedule and that grooming each meter reader to grow in their responsibilities and take ownership of their reading duties is paramount to success. At the City of College Station, Matt thrives on the logistical challenges with “Rush Week” and understands how important accuracy and determination is to the success of that program. He realizes how important the partnership and communication with city staff ensures that success. In fact, Matt places a high degree of emphasis on the relationships that he has developed with the City of College Station staff. He recognizes the city’s importance to the successful reading achievements of the program. While Matt’s ideas and efforts result in efficiencies, accuracies and increased knowledge for his crew, he never compromises on quality. Quality and professionalism show in everything Matt does in his daily work. He is truly a valuable part of the ACS success. Jose Garza – Jr. Supervisor Tenure with ACS: 2013 to Present Jose is the Assistant Supervisor for our field meter reading crew at the City of College Station. Jose has been with ACS for 7 years, having been one of the senior meter readers at the City of Bryan, TX for many years. He is one of the most dependable and knowledgeable supervisors that ACS has in the field. Jose has become very proficient in operations, handheld usage and software and uses that knowledge to groom new hires as well as meter readers in the crew. Jose has taken the lead on the Commercial routes at the City of College Station. He can step up and take over the crew when needed due to his excellent leadership skills. Jose is conscientious and has the type of personality that motivates and encourages the best work from the crew members. Jose knows how to go over certified photos, load up the assigned meter reader routes and works well with the customer. He can be given any task required of the meter reading operations with no doubt that it will be accomplished effectively and in a quality manner. Jose is a major contributor to the ACS management success in the field and the success of the company as a whole. 3. Describe the experience of the firm in the last thirty-six (36) months in performing consulting services in similar size and scope In 2003, ACS began an in-house software project to incorporate the many years of experience into a streamlined web and mobile solution. This solution provides the flexibility to allow the customer to implement and manage any meter reading demand from one location. Because of the years of involvement in the utility’s process of gathering meter reading data from the field, ACS gained valuable knowledge regarding accurate field data acquisition and its expedition to the billing system, effective reporting and verification of misread or unread accounts, and, the need to provide secure access to information by the client. While ACS grooms our service and meter reading technicians to be the most capable and experienced in the water industry, the powerful software mobile solution produced by ACS now controls the work flow of each ACS meter reader to produce the highest accuracy and reliability of data provided to the utility that is found in the industry today. ACS has documented experience with utilities throughout the US, Canada and Central America and is project managing many others at the present time. Customers such as Atascadero Mutual Water has been using the ACS contract meter reading services since the late 1970s, whereas clients such as Sacramento County and Paso Robles, CA have used the services provided by ACS since the 1980s and 90s. Currently over 50 utilities Page 39 of 288 5 (representing over 10 million meters annually read) across the country are using the ACS Contract Meter Reading service and the Cloud SST meter reading product. Over 30 additional utilities are using the ACS Cloud SST meter reading product in their primary read gathering process. A partial list of the contract service clients that have been using the Alexander’s Contract Services product and services throughout the last 36 months of similar size and scope of the City of College Station include: City of Suffolk, VA – Serving since 2016 (contract meter reading services, 23,000 water meters) Irvine Ranch Water District, Irvine, CA – Serving since 2009 (meter reading services, 115,000 water meters) City of Virginia Beach, VA – Serving since 2017 (contract meter reading services, 130,000 water meters) City of Temple, TX – Serving since 2012 (reading services and rerouting services, 26,000 water meters) Sacramento County Water- Elk Grove, CA – Serving Since 1995 (contract meter reading services, 33,000 water meters) City of Corona, CA – Serving since 2010 (contract meter reading services and soft services, 43,000 water meters) City of Naperville, IL – Serving since 2018 (contract meter reading services, 42,000 water meters) City of Newport News, VA – Serving since 2017 (contract meter reading services, 133,000 water meters) City of Santa Monica, CA – Serving since 2020 (contract meter reading services, 18,500 water meters) City of Norfolk, VA – Serving since 2017 (contract meter reading services, 62,000 water meters) A sample of similar contract services experiences within the last 36 months: Agency Name City of Virginia Beach, VA City, State, Zip Code Virginia Beach, VA 23453-2617 Description of services provided including number of meters and geographic area ACS provides monthly meter reading to all of the City of Virginia Beach water meters. Approximate Monthly Meters Read - 130,000 ACS was contracted to perform ½ of the meter reading services initially and Virginia Beach employees the balance. Records showed remarkable improvement in accuracy (greater than 99.8%). City managers elected to have ACS read all meters starting in 2018. Contract is current as of 2021. 497 sq. miles geographic area Agency Name City of Norfolk, VA City, State, Zip Code Norfolk, VA. 23510 Description of services provided including number of meters and geographic area ACS provides monthly meter reading to all of the City of Norfolk water meters. Approximate Monthly Meters Read – 68,000 ACS was contracted to perform all the meter reading services. For the City of Norfolk. Contract is current as of 2021 and was established in late 2017 and early 2018. 96 sq. miles geographic area Page 40 of 288 6 Agency Name City of Temple, TX City, State, Zip Code Temple, TX 76501 Description of services provided including number of meters and geographic area ACS provides monthly meter reading to all of the City of Temple water meters. 74.9 sq. miles geographic area. Approximate Monthly Meters Read – 27,750 ACS was contracted to perform all the meter reading services. The City immediately recognized a huge leap in accuracy and the ability to get immediate response to field meter issues. Contract is current as of 2021 and was established in 2012. Agency Name City of Bartow, FL City, State, Zip Code Bartow, FL 33830 Description of services provided including number of meters and geographic area ACS provides monthly meter reading to all of the City of Bartow Electric and Water meters. Approximate Monthly Meters Read – 19,240 ACS was contracted to perform all the meter reading services. The City reported an increase in the reliability of service, a professional meter reading staff, and, increased accuracy in reads for electric, water, demand and solar meter reads. Contract is current as of 2021 and was established in 2014. 4. The same information must be provided for any associate firm or sub- consultant. Alexander’s Contract Services employs and manages their own field technicians and managers. Our IT department and programmers have designed and developed the powerful Cloud SST meter reading software for the purpose of creating a high level of accuracy and consistency in meter reading. With direct contact and accountability to the client, we currently do not use any associate firms or sub-consultants for the execution of the work project. Page 41 of 288 7 TAB C – Rates and Expenses 1. Proposed Fee Schedule RFP #21-010 UTILITY CUSTOMER SERVICE METER READING SERVICES PROPOSED FEE SCHEDULE FOR CITY OF COLLEGE STATION DESCRIPTION QUANTITY UNIT PRICING MONTHLY TOTAL ANNUAL TOTAL Meter Reading Services Meter Reading Services (Electric & Water) (Average Cost arrived at based upon various meter types including single meter water and electric accounts, apartment metered accounts, dual meter accounts, as well as meters with touch read and radio) (44,201 Electric meters, 27,927 Water meters) Set-up Fee (One-Time Charge) 72,128 N/A $0.63 N/C $45,440.64 N/C $545,287.68 N/C Additional Services Meter Reading Services to provide Additional Reading Services assistance during peak move in and move out months (May, July, and August). TBD $1.22 TBD TBD Other Comments These fees represent pricing for the 1st year of the contract. Page 42 of 288 8 2.Firm shall incur no travel or related expenses chargeable to the City without prior approval by an authorized City representative. Alexander’s Contract Services understands and complies. 3.Firms may submit proposals on any task or combination of tasks and may propose alternate payment methods (i.e.: hourly rates). However, expenses not specifically listed will not be considered. Alexander’s Contract Services understands and complies. 4.Contractor may submit additional services which the City may be able to utilize in the future or on an as needed basis. Alexander’s Contract Services understands and complies. 5.The actual contract amount will be negotiated after the consultant has been selected and the scope of work finalized. Alexander’s Contract Services understands and complies. Page 43 of 288 9 TAB D – Methodology Technical Approach and Understanding of the Scope of the Project 1. Proposals must include a narrative description of the Firms’ plan for accomplishing the work and services to be provided to the City. ACS will continue to make use of the powerful ACS Cloud Smart Server Technology meter reading system that was originally implemented at the City of College Station during the first term contract. The mobile handheld and web-based software guides the meter reader throughout the day’s work flow process and strictly ensures accountability, accuracy and reliability in the meter reading data captured and returned to the client. Scheduled routes and cycles prepared by the City and regularly assigned to the ACS meter readers will be read daily with an urgency and awareness of required read and completion schedules to ensure timely billing. Meter reading exception, field problems, maintenance issues during the day that are observed or encountered by the ACS meter reader will be noted and communicated through codes, photos, notes to the web server or in the case of very serious issues, direct to the ACS Supervisor. Alexander’s Outline of the Number of Personnel for this Contract ACS will use the following personnel to complete the daily read portions as scheduled and assigned through the City’s route planning: 1 Regional Manager (Mike Lakes) 1 Supervisor (Matt Sotello) 1 Jr. Supervisor (Jose Garza) 8 Meter Readers Alexander’s Products used in Our Solution Hand Tools Including: Pliers for lifting Lids Handhelds for recording meter readings (ACS uses an Ultra-Rugged Android based Smart phone from Kyocera using a Verizon M2M connection) Metal Detectors VersaProbe Touch Read Wands (as required) Software Including: Cloud Smart Server Technology Meter Reading System The ability of ACS to provide superior performance in meter reading data collection through experienced and conscientious field personnel is enhanced greatly by the use of the ACS Cloud Smart Server Technology meter reading product. Since the Cloud SST product is web based, constant communication and notification can be provided to client management via email and text message regarding the status of read and the various unread and misread conditions coming from the field. Page 44 of 288 10 All field data is made live on the client’s secure database portion of the Cloud Smart Server from the first read to the last. Data is provided in “real-time since ACS crews use wireless rugged handheld technology in the field to transfer data to the web server. This simple solution allows for our Supervisors to respond to early reading exceptions as they occur. Mis-reads, unreads and problem meters can be quickly addressed as the information is passed from the field to the ACS Supervisor electronically. The web-based reports populate from the beginning of the read cycle and become complete upon the last meter read in the cycle. Cloud SST comes with dozens of standard reports, yet customized reporting is available by request of each ACS client. When a reading cycle is complete, an email or text message can be sent to an authorized customer manager or staff member at the City of College Station. There are many automated notifications that are triggered by different reading events, and all reports can be accessed from the client’s Cloud SST web site. This allows for the most efficient sharing of data possible between client’s key personnel, supervisors and managers. The ACS Cloud SST meter reading product has been interfaced seamlessly to the City of College Station’s billing system (by virtue of the previous contract term) and will remain in the upcoming contract. Because this interface is currently set and running, there will be no requirement to alter any of the existing interface formats for the upload and download files as related to the City of College Station’s billing system. As a result of the implementation and use of the ACS Cloud meter reading system many operational benefits are achieved because of ACS personnel and ACS’ latest developed software and handheld technology, and, intuitive meter reading concepts. Through implementation and use of features provided by the Cloud SST product and experience of the ACS meter reading crew at College Station a number of high-level efficiency and successes help improve meter reading operations at the City of College Station: • Consistent and Uninterrupted Meter Reading – ACS’ experienced and professional meter readers provide consistently high-quality service in gathering and providing meter reads daily for the City of College Station, TX. Meter readers are trained and managed in an extremely effective manner by capable ACS managers and field supervisors. This will continue going forward. • Timely Billing – The City of College Station is assured timely billing results through a successful program of, fast wireless communications, real time read management, and efficient reread processing. Using the Cloud SST wireless from field Handheld to Web Server, data is provided to the Utility on-time for each billing requirement. • Accuracy – Continued use of the Programmed Meter ID match and the Certified Photo features in the Cloud SST meter reading product ensures greater accuracy and reduces re-read requirements that has resulted in greater than 99.8% accuracy for every client. • Cost Efficiency – The implementation of the Cloud SST meter reading product and ACS experienced meter crews eliminate inefficient and redundant administrative costs, as well as costs associated with capital assets and human resources management. Page 45 of 288 11 • Accountability – The Certified Read Photo and GPS location taken at problem meters, as well as the Meter ID Lock feature eliminates rereads and provides irrefutable proof to the City that the ACS meter reader was at the correct meter and that the read was accurate. • Reports and Compatibility – The City of College Station has a secure gateway through the CSST portal to access reports, read status and history, and, along with a seamless interface to existing mainframe and billing products. • Re-Routing – An optional feature of the Cloud SST is a rerouting methodology in the Cloud SST product that assists clients in reducing reading costs while obtaining 99.8% or greater accuracy. ACS takes existing routes, and, independent and without disruption of the billing order, organizes them for the fastest, most accurate path to obtaining the reads. • Customer Service – The meter readers deployed by ACS at the City of College Station are trained and experienced to notice existing or potential problems in the meter reading environment. They are trained to provide valuable Customer Service communication in reporting these problems (through codes, photos and notes on the handheld) which are transmitted back with each reading and problem meter. • Certified Reads – The ACS meter readers will continue to collect information regarding critical reads at the meter with irrefutable verification based upon Photo, GPS coordinates, Date, Time and ID Match. The Photo, GPS Coordinates, Date and Time are provided to the City of College Station staff via the web-server based software. • Regular ACS Supervisor to College Station Personnel Contact – The ACS field supervisor and customer project leader are in contact regularly through the process of our meter reader’s daily service to the client. Contact is made regularly at frequencies of 2 to 3 times each week or whenever needed. Work processes, field issues, new policy and adjusted direction from the utility are part of the discussions that occur between the two managers. 2. Proposals must indicate a clear understanding of the scope of work, including a detailed project plan for this engagement outlying major tasks and responsibilities, time frames, and staff assigned for each category of the scope of work identified above. Alexander’s Contract Services understands the City’s need to accurately and in timely manner have all the water and electric meter reads performed each month. The reading process should be based upon the timing schedule provided by the City for each route and cycle within the system. It is important also that exceptions to standard reading and conditions found in the field which are associated with the meter or property are reported by the ACS meter reader immediately (either through notes, comments or photos taken at the meter, or, in extreme cases, through direct calls through Supervisors who will then work with the City of reported issues). Alexander’s also understands the importance throughout this contract of adherence to contract terms and requirements, as well as, respect for the City, private properties and residences. All care will be taken to ensure that ACS meter readers are consistently trained in safety measures in the field, proper read processes for both water and electric meters, importance of highlighted read Page 46 of 288 12 processes such as “Rush Week” read activities, exception reporting and proper personal conduct while in the field. Alexander’s meter readers and managers focus on ensuring that the current College Station billing schedule for meter reads is strictly adhered to. ACS ensures that all reads will be provided in the MVRS data format as requested by the City of College Station and is provided in a regular and timely manner. ACS meter readers and field management understand the need to make use of the VersaProbe for some of the water meters and are prepared to do so along with manually entered reads. Reading codes provided by the City are used by the ACS meter readers with an emphasis on ensuring exception reporting from the meter is paramount along with the reading as is outlined in the requirements of the reading contract. With these understandings in mind and others required by contract, but not listed, Alexander’s proposes the following project plan for the new contract: ACS Proposed Project Plan with Major Tasks for The City of College Station Utility Meter Reading Services Alexander’s Contract Services has created this initial Project Plan for the City of College Station with time tables based upon the City’s award of contract. This work plan assumes a February 2021 award of contract. A. Project Plan Summary (minimum tasks requirement for transition of read accounts to ACS crews) Task 1 – Contract Acceptance Week of Feb 1st Task 2 – Post Sale Meeting Week of Feb 1st Task 3 – Technical File Interface Discussion (Task completed) Week of Feb 1st Task 4 – City of College Station – Receipt of Technical Data (Task completed) Week of Feb 1st Task 5 – ACS Personnel and Logistics Review Week of Feb 1st Task 6 – City of College Station – CSST Configuration (Task completed) Week of Feb 1st Task 7 – City of College Station – Web Server Site Test (Task completed) Week of Feb 1st Task 8 – Field Supervisor Meeting at City of College Station Week of Feb 1st Task 9 – Training of City of College Station Staff (as necessary) on CSST Week of Feb 1st Task 10 – City of College Station Reading Start – New Contract Week of Feb 1st Task 11 – 30 Day Read Status Review – New Contract Week of Mar 1st Task 12 – Full Production and Ongoing Review Week of Apr 1st Task 13 – Continuing Support and Review TDB B. Detailed Project Plan TASK DESCRIPTION INVOLVED DATE 1 CONTRACT ACCEPTANCE City of College Station and Alexander’s acknowledge contract agreement. City of College Station Alexander’s Management Week of Feb 1st 2 POST SALE MEETING Discuss general utility profile. Confirm assignments, City of College Station Alexander’s Management Week of Feb 1st Page 47 of 288 13 contracts, and order schedule requirements. Progress introduction of Alexander’s staff and product information to the City of College Station as required. Discuss cycle/routing read timing and schedules, billing schedule expectations, known issues and potential reading problems. Alexander’s Field Manager 3 TECHNICAL FILE INTERFACE DISCUSSION Meeting between City of College Station and ACS technical team to gather technical information regarding file interface attributes, content, formats to begin Web Server configuration for file export and import to CSST. Gather information on tables, trouble codes, cycle and route nomenclature and structure, as well as, web reporting requirements. (This task has been completed during the previous contract for meter reading. Any adjustments can be made by mutual agreement as the new contract begins). City of College Station Alexander’s Management Alexander’s IT Team Week of Feb 1st 4 CITY OF COLLEGE STATION CONVERSION – RECEIPT OF DATA Obtain from the City of College Station standard billing test file interface data element layout and softcopy for Alexander’s project and programmer managers. Obtain from the City of College Station Credential Listing of individuals to access CSST. Update users list and credentials required under new contract as necessary. (This task has been completed during the previous contract for meter reading. Any adjustments can be made by mutual agreement as the new contract begins). City of College Station Alexander’s Management Alexander’s IT Team Week of Feb 1st 5 ACS PERSONNEL AND LOGISTICS REVIEW ACS management to review personnel as required to fulfill new contract. In depth training will start upon hire to any new meter readers on policies, procedures, meter reading concepts, CSST handheld and application usage, read processes, scheduling, and safety and reporting requirements. City of College Station Alexander’s Management ACS Field Manager Week of Feb 1st 6 CITY OF COLLEGE STATIONCONVERSION – CSST CONFIGURATION Set up the City of College Station on the Smart Server Software platform. Detail specifications for file interface to billing system, reports, notification requirements, possible routing or resequencing requirements. (This task has been completed during the previous contract for meter reading. Any adjustments can be made by mutual agreement as the new contract begins). City of College Station Alexander’s Project Mgr. Alexander’s IT Team Week of Feb 1st 7 CITY OF COLLEGE STATION CSST WEB SERVER SITE TEST Test compatibility of data files following preparation of City of College Station Alexander’s Project Mgr. Alexander’s IT Team Week of Feb 1st Page 48 of 288 14 CSST web server site and interface of Upload/Download files. Verify proper syncing to handhelds and receipt of data at the web server. Verify compatibility and accuracy of content of files created for billing. (This task has been completed during the previous contract for meter reading. Any adjustments can be made by mutual agreement as the new contract begins). 8 FIELD SUPERVISOR MEETING AT CITY OF COLLEGE STATION Alexander’s Field Supervisors meet with the City of College Station staff at the City of College Station meter reading staging area. ACS Managers to become familiarized with any additional Special Meters and Security Codes, routing techniques, hard to read locations as well field issues and special considerations. ACS Managers and City staff review Cycle and Billing requirements as well as read schedules, start and end meter reading times and any important Billing requirements of the City City of College Station ACS Field Supervisors Week of Feb 1st 9 TRAINING OF CITY OF COLLEGE STATION STAFF ON CSST SOFTWARE Train the City of College Station Office and Billing Staff on operation of CSST Software (as required) This may be determined to be a refresher training for City employees making use of the ACS Cloud SST product . Training will include Upload/Download file processing, Reports, Historical Report access, “Certified Reads” and Reread processing. City of College Station ACS Field Managers Week of Feb 1st Or As Determined by the City 10 CITY OF COLLEGE STATION READING START – NEW CONTRACT Read meters per reading schedule, work with the City of College Station staff on hard to locate meters. Work with the City of College Station office staff with any questions or follow-up to CSST System usage, including, Reporting and File Importing and Exporting. The ACS meter readers will read cycles as determined by the City of College Station at the rate required to ensure timeliness of Billing and per required billing schedule. The work force management will match the read quantity requirements, read schedule timing and reporting requirements as set forth in the contract and as determined and requested by the City of College Station read cycle distribution. City of College Station ACS Field Managers ACS Reading Crew Week of Feb 1st Or As Determined by the City 11 30 DAY TRANSITION STATUS REVIEW – NEW CONTRACT City of College Station ACS Field Managers Week of Mar 1st Page 49 of 288 15 Review all elements of first 30-day read cycle for the New Contract Transition Plan status with the City of College Station. Make adjustments as necessary. Review Smart Server configuration, test file performance, personnel performance, representation and administrative activity. Additional discussion or review of routing, field requirements, and City staff questions as necessary. Or As Determined by the City 12 FULL PRODUCTION READ TRANSITION STATUS REVIEW Review all elements of Transition Plan status with City of College Station. Make adjustments as necessary. Review Smart Server configuration, file performance, personnel performance and representation and administrative activity. Additional discussion or review of routing, field requirements, and the City staff questions as necessary. Schedule resolution of any configuration modifications or minor non-production deficiencies. Review and support. City of College Station ACS Field Managers ACS Management Week of Apr 1st 13 CONTINUING SUPPORT AND REVIEW Alexander’s Inc. continuing contact and monitoring. Alexander’s field Managers monitor and manage daily activity with Alexander reading personnel. Adjust performance as required through training or personnel development. Advise City staff regularly of issues or concerns. Minimum monthly meeting regarding production and performance with City staff or contact. Alexander’s support and maintenance of operations and regular communication to customer through newsletter, phone, email, and meetings as needed onsite and by phone. City of College Station ACS Field Managers TBD 3. Proposals shall identify progress reports that will be made available during the process and key decision points. The ACS Cloud SST product comes with dozens of management reports related to daily performance, including Missed or Skipped Reads and Route Progress Reports. Custom reports can be requested by the City of College Station accommodate specific needs and are provided “No Charge” as part of the services given by Alexander’s. (see the sample of Cloud SST reports below). Page 50 of 288 16 General Route Count Do Not Read Meters Duplicate Meters New Meter Route Replaced IDs Read Differences ID N/A & Bad ID History Suggested Meter Replacement Read Differences New Meters New Meter Billing City Invoice City Invoice (PDF) Problem ID Read Differences ID N/A & Bad ID History Unflagged High Usage Strange Looking Previous Reads tblmainacs Duplicates custfile Duplicates routes Duplicates datazeo.meters Duplicates Admin Reports Compound Itron Meters Current Read Cycle Read Route Count Unread Route Count Photos Needed Unverified Photos Not Required Negative Usage Zero Usage Extra Low Usage Low Usage High Usage Extra High Usage Unread With Notes Verified Otherside Notes Web Read Changes Supervisor Fixed City Field Rereads City Approved New Meters Found in Field ID N/A & Bad ID Inactive With Usage Date Totals Lid Notes History Meter Maintenance Notes Comments City Modified Reads Radio Log Always Require A Photo One Time Photos Empty Box Inspections Empty Box Failed Inspections Readers Reader Counts Reader Totals Times (By Route) Times (By Date) Times (By Reader) Breaks Suspicious Read Times Page 51 of 288 17 4. Proposals shall clearly distinguish the Firms’ duties and responsibilities and those of the City. Absence of this distinction shall mean the Firm is assuming full responsibility for all tasks. ACS Duties and Responsibilities ACS will provide meter reading services for the City of College Station’s electric and water meters as required and scheduled by the utility. The ACS Supervisor will arrange for regular status and review meetings with the City’s contact individual on a regular basis. Other services and performance duties include: • Provide experienced, conscientious and responsible meter readers that include senior field supervisors to monthly read the electric and water meters at City of College Station on a monthly basis and per requested schedule. Provide for back-up personnel as required. • Provide Certified Reads that have photo and GPS points on all Negative, Unread with Notes, Maintenance and Double High reads • Work within normal working hours set by the City of College Station. • No weekend and after-hours work unless previously approved by the City. • Provide all handheld equipment, meter reading software, materials, transportation, cell phones and equipment needed to read the City of College Station meters. • Provide professional labor and adhere to standard safety practices. • Provide care and responsible respect for the City and resident properties and equipment. • Provide own transportation, including to and from the work place to read the City’s designated meters. • Ensure that ACS owned vehicles are well maintained (clean) and marked appropriately to identify the service provided. • Work under the direction of the City’s staff for adhering to the reading schedules. • Designate a Meter Reading Supervisor, who will be responsible for managing the meter reading on a day-to- day basis and ensuring that the services are performed in a professional manner and in compliance with the procedures required by the City, ACS, and all other applicable local, state and federal regulations such as OSHA. • Provide own proper identification and uniform to ACS employees for reading the City’s meters • Communicate to the City’s staff any information on field/meter service issues and customer concern, as well as extreme hazard. • Enter readings via the ACS hardware and software and submit Billing System compatible files per agreed upon target billing schedule and read schedule with the City of College Station. • Provide insurance on the employee and proof of insurance to the City of College Station, with the City listed as insured. City of College Station’s Duties and Responsibilities • Provide Project Manager and contact for system project plan development, system implementation and training, system acceptance, recurring post installation performance reviews. • Review and provide input to project schedule, meter reading processes, policies and planning. • Provide input to resources, schedules and availabilities, including changes to routing, and route/cycle schedules. • Detail any changes to software technical requirements, host interface specifications and file processing, as well as, reporting requirements. Page 52 of 288 18 • Provide regular processing to post electronic Upload files (Route/Cycle) for ACS Cloud SST preparation for loading to field HHs. • Provide regular processing to post electronic Download files (Route/Cycle) to Billing system from the ACS HHs. • Provide support for file interface to customer’s billing server or main data processing program. • Input regarding creation of custom reporting or required HH/Server configurations (as necessary or required) • Provide staff for ongoing field operations review, ACS supervisor contact point, and, discussion (as necessary and required). • Arrange personnel schedules and adequate time for PC and handheld operator training (as necessary and required). Page 53 of 288 19 TAB E – Safety Record 1. Contractors must provide safety practices, training and records, including but not limited: a) Provide Workers Compensation Experience Modification Rate (EMR) for the last five years, as obtained from your insurance agent. Alexander’s Contract Services has a XMOD Rate in Texas of 135% b) Provide the following information for the last five years: • Number of employee injuries The Alexander’s number of employee injuries throughout the Texas crews was 4 over the last 5 years. • Number of employees lost time accidents The number of employees with lost time accidents over the last 5 years was 1. c) Provide a copy of the Contractor’s written safety program which should include, but not be limited to: (Please see Safety Manual and Guidelines Attached) • How often safety inspections are held ACS safety inspections are performed once each year or at the time of an accident. • How often safety meetings are held ACS safety meetings are held weekly, but the managers do a safety tailgate topic each morning as well. • Is there a safety orientation program for new employees? ACS and its regional managers provide all new employees with copies of the corporate safety policy when they first start and are trained thoroughly how to read safely. Page 54 of 288 20 TAB F – Litigation, Claims, Reputation & Compliance 1. Has your firm ever defaulted, been declared to be in default, or f ailed to complete any work awarded? Alexander’s Contract Services has never defaulted, been declared to be in default, or failed to complete any work awarded. 2. Has your firm ever paid (or had withheld from payment) liquidated damages for failure to complete a contract on time? Alexander’s Contract Services has never paid (or had withheld from payment) liquidated damage for failure to complete a contract on time. 3. Has your organization ever been charged with or paid a fine for non- compliance of State and/or Federal statutes or regulations? Alexander’s Contract Services has never been charged with or paid a fine for non- compliance of State and/or Federal statues or regulations. 4. List pending claims and/or litigation against or involving project owners at time of submitting Proposal. Show project name, owner and summary explanation Alexander’s Contract Services has no pending claims and/or litigation against or involving project owners at this time. Page 55 of 288 21 TAB G – References Agency Name: City of Temple, TX Contact Name: Heather Mikulas Telephone & Email: 254-298-5616, hmikulas@templetx.gov Street Address: Temple, City of 401 N 3rd Street Temple, TX 76501 Description of Services: Cloud SST with Kyocera Handhelds. ACS provides monthly meter reading to all of the City of Temple water meters. Approximate Monthly Meters Read 27,750 Serving Since: 2012 (contract current) Agency Name: Irvine Ranch Water District Contact Name: Sergio De La Torre Telephone & Email: 949-453-5359, delatorr@irwd.com Street Address: Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92618-3102 Description of Services: Cloud SST with Kyocera Handhelds. ACS provides monthly meter reading to all of the Irvine Ranch Water District water meters. Approximate Monthly Meters Read 103,000 Serving Since: 2009 (contract current) Agency Name: Atascadero Mutual Water Company Contact Name: John Neil Telephone & Email: 805 466-2428 jneil@amwc.us Street Address: Atascadero Mutual Water Company P. O. Box 6075 Atascadero, CA 93422 Description of Services: Cloud SST with Kyocera Handhelds. ACS provides monthly contract meter reads to all the Atascadero Mutual Water Co. water meters. Approximate Monthly Meters Read 10,000 Serving Since: 1978 (Contract renewed each term because of excellent value & performance. Contract was recently renewed between the AMWC and ACS) Agency Name: City of Corona Contact Name: Page 56 of 288 22 Rob Schunk Telephone & Email: 951-817-5791, robert.schunk@ci.corona.ca.us Street Address: City of Corona 755 Corporation Yard Way Corona, CA 92880 Description of Services: Cloud SST with Kyocera Handhelds. Contract Meter Reading Services and Soft Services with Certified Reads. Approximate Monthly Meters Read 43,000 Serving Since: 2010 (contract current) Page 57 of 288 23 TAB H – Certification, Acknowledgement of Addenda, Statement of Willingness to Sign Agreement Certification, acknowledgement of any Addenda issued: Alexander’s notes receipt of the following Addenda to this RFP have been issued as of 1/14/2021 - Addendum #1 Dated January 12, 2021 Referencing RFP#21-010 (see signed last page of Addendum #1 attached) Statement of willingness to sign the City’s Standard Form of Agreement: After having reviewed very carefully the Terms and Conditions of the City of College Station’s Standard Form of Agreement for Utility Meter Reading Services, Alexander’s Contract services is willing to sign said agreement. Page 58 of 288 Page 59 of 288 Alexander’s Contract Services CALIFORNIA – MODEL INJURY AND ILLNESS PREVENTION (IIP) PROGRAM FOR NON-HIGH HAZARD EMPLOYERS Provided by: Morris & Garritano Insurance Agency, Inc Legal disclaimer to users of this guide: The materials presented herein are for general reference only. Federal, state or local laws or individual circumstances may require the addition of policies, amendment of individual policies and/or the entire guide to meet specific situations. Some government forms may be presented in altered size, font or format and may not, therefore, meet federal or state requirements. There materials are intended to be used only as guides and should not be used, adopted or modified without the advice of competent legal counsel. Source: CAL OSHA Publication CS 1B. Page 60 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 2 ABOUT THIS MODEL PROGRAM Every California employer must establish, implement and maintain a written Injury and Illness Prevention (IIP) Program and a copy must be maintained at each worksite or at a central worksite if the employer has non-fixed worksites. The requirements for establishing, implementing and maintaining an effective written Injury and Illness Prevention Program are contained in Title 8 of the California Code of Regulations, Section 3203 (T8 CCR 3203) and consist of the following eight elements:  Responsibility  Compliance  Communication  Hazard Assessment  Accident/Exposure Investigation  Hazard Correction  Training and Instruction  Recordkeeping This model program has been prepared for use by employers in industries which have been determined by Cal/OSHA to be non-high hazard. You are not required to use this program. However, any employer in an industry which has been determined by Cal/OSHA as being non-high hazard who adopts, posts, and implements this model program in good faith is not subject to assessment of a civil penalty for a first violation of T8 CCR 3203. Proper use of this model program requires the IIP Program administrator of Alexander’s Contract Services, Inc. to carefully review the requirements for each of the eight IIP Program elements found in this model program, fill in the appropriate blank spaces and check those items that are applicable to the workplace. The recordkeeping section requires that the IIP Program administrator select and implement the category appropriate for your establishment. Sample forms for hazard assessment and correction, accident/exposure investigation, and worker training and instruction are provided with this model program. Page 61 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 3 RESPONSIBILITY Preslea Cook is our program administrator and she has the authority and responsibility for implementing the provisions of this program. All managers and supervisors are responsible for implementing and maintaining the IIP Program in their work areas and for answering worker questions about the IIP Program. A copy of this IIP Program is available from each manager and supervisor. COMPLIANCE Management is responsible for ensuring that all safety and health policies and procedures are clearly communicated, and understood by all employees. Managers and supervisors are expected to enforce the rules fairly and uniformly. All employees are responsible for using safe work practices, for following all directives, policies and procedures, and for assisting in maintaining a safe work environment. We recognize our employees that consistently perform safe and healthful work practices by keeping a posted record of days worked without an injury. Our system of ensuring that all workers comply with the rules and maintain a safe work environment includes: 1. Informing workers of the provisions of our IIP Program; 2. Evaluating the safety performance of all workers; 3. Recognizing employees who perform safe and healthful work practices; 4. Providing training to workers whose safety performance is deficient; 5. Disciplining workers for failure to comply with safe and healthful work practices; and 6. The following practices:  Verbal warning for minor offenses.  Written Warning for more serious offenses.  Suspension without pay if verbal and written warnings are not sufficient.  If verbal and written warnings and suspension without pay are not effective we may terminate the employee who repeatedly violates safe work practices. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Page 62 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 4 COMMUNICATION All managers and supervisors are responsible for communicating with all workers about occupational safety and health in a form readily understandable by all workers. Our communication system encourages all workers to inform their managers and supervisors about workplace hazards without fear of reprisal. Our communication system includes one or more of the following checked items:  New worker orientation including a discussion of safety and health policies and procedures.  Review of our IIP Program.  Training programs.  Regularly scheduled safety meetings.  Posted or distributed safety information.  A system for workers to anonymously inform management about workplace hazards.  Our establishment has less than ten employees and communicates with and instructs employees orally about general safe work practices and hazards unique to each employee's job assignment.  Other: ________________________________________________________________________________________ ________________________________________________________________________________________ Page 63 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 5 HAZARD ASSESSMENT Periodic inspections to identify and evaluate workplace hazards shall be performed by a competent observer in the following areas of our workplace: Periodic inspections are performed according to the following schedule: The beginning of each calendar year and when we initially established our IIP Program; 1. When new substances, processes, procedures or equipment which present potential new hazards are introduced into our workplace; 2. When new, previously unidentified hazards are recognized; 3. When occupational injuries and illnesses occur; and 4. Whenever workplace conditions warrant an inspection. ACCIDENT/EXPOSURE INVESTIGATIONS Procedures for investigating workplace accidents and hazardous substance exposures include: 1. Interviewing injured workers and witnesses; 2. Examining the workplace for factors associated with the accident/exposure; 3. Determining the cause of the accident/exposure; 4. Taking corrective action to prevent the accident/exposure from reoccurring; and 5. Recording the findings and actions taken. HAZARD CORRECTION Unsafe or unhealthy work conditions, practices or procedures shall be corrected in a timely manner based on the severity of the hazards. Hazards shall be corrected according to the following procedures: 1.When observed or discovered; and 2.When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, we will remove all exposed workers from the area except those necessary to correct the existing condition. Workers who are required to correct the hazardous condition shall be provided with the necessary protection. Page 64 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 6 TRAINING AND INSTRUCTION All workers, including managers and supervisors, shall have training and instruction on general and job-specific safety and health practices. Training and instruction is provided: 1. When the IIP Program is first established; 2. To all new workers, except for construction workers who are provided training through a construction industry occupational safety and health training program approved by Cal/OSHA; 3. To all workers given new job assignments for which training has not previously provided; 4. Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard; 5. Whenever the employer is made aware of a new or previously unrecognized hazard; 6. To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed; and 7. To all workers with respect to hazards specific to each employee's job assignment. General workplace safety and health practices include, but are not limited to, the following: 1. Implementation and maintenance of the IIP Program. 2. Emergency action and fire prevention plan. 3. Provisions for medical services and first aid including emergency procedures. 4. Prevention of musculoskeletal disorders, including proper lifting techniques. 5. Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly and promptly cleaning up spills. 6. Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety. 7. Proper storage to prevent stacking goods in an unstable manner and storing goods against doors, exits, fire extinguishing equipment and electrical panels. 8. Proper reporting of hazards and accidents to supervisors. 9. Hazard communication, including worker awareness of potential chemical hazards and proper labeling of containers. 10. Proper storage and handling of toxic and hazardous substances including prohibiting eating or storing food and beverages in areas where they can become contaminated. Page 65 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 7 RECORDKEEPING  Category 1. Our establishment has fewer than 20 workers and is not on a designated high hazard industry list. We are also on a designated low hazard industry list or have a workers' compensation experience modification rate of 1.1 or less, and have taken the following steps to implement and maintain our IIP Program: 1. Records of hazard assessment inspections; and 2. Documentation of safety and health training for each worker. Inspection records and training documentation will be maintained according to the following checked schedule:  For one year, except for training records of employees who have worked for less than one year which are provided to the employee upon termination of employment; or  Since we have less than ten workers, including managers and supervisors, we maintain inspection records only until the hazard is corrected and only maintain a log of instructions to workers with respect to worker job assignments when they are first hired or assigned new duties.  Category 2. We are a local governmental entity (county, city, district or any public or quasi-public corporation or public agency) and we are not required to keep written records of the steps taken to implement and maintain our IIP Program. Page 66 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 8 HAZARD ASSESSMENT AND CORRECTION RECORD Date of Inspection: Person Conducting Inspection: Unsafe Condition or Work Practice: Corrective Action Taken: Date of Inspection: Person Conducting Inspection: Unsafe Condition or Work Practice: Corrective Action Taken: Date of Inspection: Person Conducting Inspection: Unsafe Condition or Work Practice: Corrective Action Taken: Page 67 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 9 ACCIDENT/EXPOSURE INVESTIGATION REPORT Injured Employee’s Name: _________________________________________________ Date of Incident: _________________________________________________________ Time of Incident: _________________________________________________________ Date/Time Reported: ______________________________________________________ Description of the incident: ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Witness names: _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ Cause of Accident: ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Was a safety procedure violated? ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Accident site inspection and comments: ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Recommendations/comments: ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Supervisor signature: Date: Page 68 of 288 INJURY AND ILLNESS PREVENTION PROGRAM Page 10 Training Log LOCATION: TRAINER: SUBJECT: The employees listed have satisfactorily participated in and fulfilled all requirements of the above training. NAME (Print) DEPARTMENT NAME (Signature) DATE Page 69 of 288 1 Heat Illness Prevention Program Reference Standard California Code of Regulations, Title 8, Section 3395 Purpose The purpose of the Heat Illness Prevention Program is to meet the requirements set forth in the Standard and to serve as a required supplement of the Injury and Illness Prevention (IIP) Program. This program establishes procedures and provides information to ensure that employees are knowledgeable in the prevention and recognition of heat stress to ensure their own safety and the safety of others. Definitions Acclimatization: The temporary adaptation of the body to work in the heat that occurs gradually when a person is exposed to it. Acclimatization peaks in most people within 4 to 14 days of regular work for at least 2 hours per day in the heat. Heat Illness: Refers to a serious medical condition resulting from the body’s inability to cope with a particular heat load and includes heat cramps, heat exhaustion and heat stroke. Environmental Risk Factors for Heat Illness: Working conditions that create the possibility that heat illness could occur include air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by workers. Personal Risk Factors for Heat Illness: Risk factors, such as an individual’s age, degree of acclimatization, health, water consumption, alcohol consumption, caffeine consumption and use of prescription medications, which affect the body’s water retention or other physiological responses to heat. Landscaping: Providing landscape care and maintenance services and/or installing trees, shrubs, plants, lawns or gardens, or providing these services in conjunction with the design of landscape plants and/or the construction/installation of walkways, retaining walls, decks, fences, ponds and similar structures, except for employment by an employer who operates a fixed establishment where the work is to be performed and where drinking water is plumbed. Potentially Impacted Employees: Employees whose job tasks expose them to environmental risk factors for heat illness. Shade: The blockage of direct sunlight. One indicator that blockage is sufficient is when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. Shade may be provided by any natural or artificial means that do not expose employees to unsafe or unhealthy conditions. Temperature: Dry bulb temperature in degrees Fahrenheit obtainable by using a thermometer to measure the outdoor temperature in an area where there is no shade. While the measurement must be taken in an area with full sunlight, the bulb or sensor should be shielded from direct contact by sunlight while taking the measurement. Alexander’s Contract Services, Inc. Effective Date: 9-1-13 Page 70 of 288 Responsibilities Health & Safety Coordinator • Establish and update the written Heat Illness Prevention Program. • Provide consultation/training to departments who fall within the program. • Assist departments in determining when, where, and how shade and water is provided. Supervisors • Identify and maintain records of all tasks/employees that are required to work outdoors where potential heat illness could occur. • Require all potentially impacted employees to receive proper training on heat illness prevention and comply with all appropriate procedures. • Maintain training records. • Ensure that adequate water is available at the beginning of each shift and throughout the work day. • Ensure access to shade for purposes of a preventative recovery period is available during the work day. • Follow proper procedures to contact emergency medical services in the event medical assistance is required. Employees • Awareness and compliance with all appropriate heat illness prevention procedures while performing assigned duties. • Employees are ultimately responsible for drinking adequate amounts of hydrating fluids when the environmental risk factors for heat illness are present. • Ensure access to a shaded area is available to recover from heat-related symptoms. • Inform their supervisor if shade and/or water are inadequate. • Report symptoms of heat-related illness promptly to their supervisor. • Follow proper procedures in the event medical assistance is required. Basic Requirements Provision of Water Employees shall have access to potable drinking water. Where water is not plumbed, or otherwise continuously supplied, it shall be provided in sufficient quantity at the beginning of the work shift. Sufficient quantity is defined as enough to provide one quart per employee per hour for drinking for the entire shift. The frequent drinking of water, as described in the training section, shall be encouraged. Access to Shade One or more areas with shade – large enough to accommodate 25 percent of the employees on shift sitting in a normal posture – will be present that is either open or provided with ventilation or cooling at all times when the temperature exceeds 85 degrees F. Such access to shade shall be permitted whenever employees are present. High-Heat Procedures When the temperature exceeds 95 degrees F, supervisors will ensure that employees are able to contact a supervisor if necessary, observe employees for signs of heat illness, remind employees to drink water throughout the work shift and supervise employees closely during their first 14 days of outdoor work in 30 days. Page 71 of 288 Training Effective training must be provided for all potentially impacted employees working where environmental risk factors for heat illness are present before they begin work that should reasonably be anticipated to result in exposure to the risk of heat illness. Training information shall include, but is not limited to, the topics listed in the training section of this program. All potentially impacted employees, and supervisors who supervise these employees, must be trained on the risks and prevention of heat illness, including how to recognize heat illness symptoms and how to respond when they appear. Recordkeeping A record of training given to employees and supervisors shall be retained by the company for a minimum of three years. This can be accomplished by requiring employees to sign their name to a training roster when they receive the required training (see Appendix A). Access to Records All records shall be provided upon request to employees, former employees and representatives of employees. Procedures Identification of Hazard All employees shall be identified who are required to work where environmental risk factors for heat illness are present. Identification of potentially impacted employees will be made at the department level, and notifications will be provided to the Health & Safety Coordinator. Potentially Impacted Employees Training shall be provided for all potentially impacted employees, and their supervisors, working where environmental risk factors for heat illness are present. Training information shall include, but not be limited to, the topics listed in the training section of this written program. All potentially impacted employees and their supervisors must be trained on the risk and prevention of heat illness, including how to recognize symptoms and how to respond should symptoms be present. Employee Protection • One quart per hour of drinking water must be available at all times, for each employee, for the duration of their shift, while working outdoors in the heat. Supervisors shall remind employees to drink frequently. • Employees must have access to a shaded area to prevent or recover from heat illness symptoms and where they can take rest breaks. • When the temperature exceeds 85 degrees F, employees must have access to one or more areas with shade that are either open to the air or provided with ventilation or cooling. • If these procedures are unfeasible or unsafe, employees will use alternative procedures for access to shade. • When the temperature is less than 85 degrees F, shade will be provided upon request. • Whenever employees feel the need to do so, they can take a cool-down rest in the shade for a period for 5 minutes or more to protect themselves from overheating. Training All employees and supervisors working on job tasks where environmental risk factors for heat illness are present must receive training. Supervisors Supervisors that oversee employees performing work that should reasonably be anticipated to result in exposure to the risk of heat illness shall receive effective training on the following topics prior to being assigned to supervise outdoor employees: • The training information required of the employees, as detailed below. • Procedures the supervisor is to follow to implement the provisions of this program. Page 72 of 288 • Procedures the supervisor shall follow when an employee exhibits symptoms consistent with possible heat illness, including emergency response procedures. • How to monitor weather reports and how to respond to hot weather advisories. Employees Effective training shall be provided for affected employees prior to being assigned to work tasks that should reasonably be anticipated to result in exposure to the risk of heat illness to include the following: • The environmental and personal risk factors for heat illness, as well as the added burden of head load on the body caused by exertion, clothing and personal protective equipment (PPE). • Procedures for identifying, evaluating and controlling exposure to environmental risk factors for heat illness. • The importance of frequent consumption of small quantities of water, up to four cups of water per hour, when environmental risk factors for heat illness are present. • The importance of acclimatization. • Different types of heat illness and the common signs and symptoms of heat illness (see Appendix B). • The importance of immediately reporting symptoms or signs of heat illness, in themselves or in co-workers, to their supervisor. • Understanding the procedures for contacting emergency medical services, and if necessary, for transporting employees to a point where they can be reached by emergency medical service. • Procedures for ensuring that, in the event of an emergency, clear and precise direction to the work site can and will be provided to emergency responders. These procedures shall include designating a person to be available to ensure that emergency procedures are invoked when appropriate. Program Audits • An audit of the Heat Illness Prevention Program shall be performed annually to ensure that heat illness prevention procedures are in place and are being properly followed. Page 73 of 288 Appendix A SAFETY TRAINING SIGN-IN LOG Page 74 of 288 OSHA Safety Training Log ’s Safety Training Log Brought to you by Morris & Garritano Insurance Agency, Inc SUBJECT: Heat Illness Prevention DATE: INSTRUCTOR: LOCATION: The employees listed below have satisfactorily participated in and completed all requirements of the above training. NAME (Print) DEPARTMENT NAME (Signature) DATE Page 75 of 288 Appendix B OVERVIEW OF HEAT ILLNESS TYPES, SYMPTOMS AND PREVENTION Page 76 of 288 Overview of Heat Illness Types, Symptoms and Prevention This describes the three major forms of heat illness, how to recognize them and what actions to take to provide first-aid before medical care is provided. Heat Cramps Heat cramps are the most common type of heat-related injury. Heat cramps are muscle spasms which usually affect the arms, legs or stomach. Heat cramps are caused by heavy sweating, especially when water is not replaced quickly enough. Frequently they do not occur until after work, at night or when relaxing. Although heat cramps can be quite painful, they usually don't result in permanent damage. Prevention/First-Aid: Drink an electrolyte solution, such as sports drink, or plenty of water during the day, and try eating more fruits to help keep your body hydrated during hot weather. Heat Exhaustion Heat exhaustion is more serious than heat cramps. It occurs when the body's internal temperature regulating system is overworked, but has not completely shut down. In heat exhaustion, the surface blood vessels and capillaries, which originally enlarged to cool the blood, collapse from loss of body fluids and necessary minerals. This happens when you do not drink enough fluids to replace what you are sweating away. Symptoms Include: Headache, heavy sweating, intense thirst, dizziness, fatigue, loss of coordination, nausea, impaired judgment, loss of appetite, hyperventilation, tingling in hands or feet, anxiety, cool moist skin, weak and rapid pulse (120-200), and low to normal blood pressure. Prevention/First Aid: The employee suffering these symptoms should be moved to a cool location such as a shaded area or air-conditioned building. Have him or her lie down with the feet slightly elevated. Loosen their clothing, apply cool, wet cloths or fan them. Have them drink water or electrolyte drinks. Try to cool them down, and have them checked by medical personnel. Victims of heat exhaustion should avoid strenuous activity for at least a day, and they should continue to drink water to replace lost body fluids. Call 911 if the person becomes non-responsive, refuses water, vomits or loses consciousness Heat Stroke Heat stroke is a life-threatening illness with a high death rate. It occurs when the body has depleted its supply of water and salt, and the victim's core body temperature rises to deadly levels. A heat stroke victim may first suffer heat cramps and/or heat exhaustion before progressing into the heat stroke stage; however this is not always the case. It is important to note that heat stroke symptoms are similar to those of a heart attack. Therefore, it is very important to know how to recognize the signs and symptoms of heat stroke and to check for them any time an employee collapses while working in a hot environment. Symptoms include: A high body temperature (103 degrees F); a distinct absence of sweating; hot red or flushed dry skin; rapid pulse; difficulty breathing; constricted pupils; any/all of the signs or symptoms of heat exhaustion such as dizziness, headache, nausea, vomiting or confusion; and possibly more severe systems including bizarre behavior and high blood pressure. Advanced symptoms may be seizure or convulsions, collapse, loss of consciousness and a body temperature of over 108 degrees F. Prevention/First Aid: It is vital to lower a heat stroke victim's body temperature. Quick actions can mean the difference between life and death. Pour water on them, fan them or apply cold packs. Call 911 to get the person medical aid as soon as possible. Page 77 of 288 Appendix C PRECAUTIONS TO PREVENT HEAT ILLNESSES Page 78 of 288 PRECAUTIONS TO PREVENT HEAT ILLNESSES • Condition yourself for working in hot environments. Start slowly and build up to more physical work. Allow your body to adjust over a few days (acclimatization). • Drink plenty of liquids – hydration is a continuous process. Do not wait until you are thirsty! By then, there is a good chance that you are already on your way to being dehydrated. Electrolyte drinks, such as a sports drink, are good for replacing both water and minerals lost through sweating. Never drink alcohol, and avoid caffeinated beverages like coffee and soda, as these liquids can have the opposite effect and can actually increase the level of dehydration. • Take frequent breaks, especially if you notice you are getting a headache or you start feeling overheated. • Assure that adequate water and shade are available at the job site before work begins. • Wear lightweight, light-colored clothing when working out in the sun. • Immediately report all unsafe conditions and/or concerns to your supervisor or area manager. • For additional information on heat illness prevention, contact your supervisor. Page 79 of 288 Page 80 of 288 Page 81 of 288 Page 82 of 288 Page 83 of 288 Page 84 of 288 Page 85 of 288 Page 86 of 288 Page 87 of 288 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 (Electric & Water) $0.63 per unit Additional "Peak Time" Meter Reading Services $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 Page 88 of 288 Contract No.___________ General Service Contract CRC 02-08-2021 EXHIBIT C CERTIFICATES OF INSURANCE Page 89 of 288 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2/19/2021 Leavitt Coastal Valley Insurance Services, Inc. License #0598871 550-D E Betteravia Rd Santa Maria, CA 93454 Carmen Trejo (805)925.8607 x1111 (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 Ins 22945 Travelers Casualty & Surety 19038 Landmark American Insurance Co 33138 20/21 & 21/22 TX A Ded $5,000 BI & PD X ACP3019605060 1/17/2021 1/17/2022 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 A X ACP3019605060 1/17/2021 1/17/2022 1,000,000 B NIL 7818-67-80 1/17/2021 1/17/2022 10,000,000 10,000,000 C Y 0001318418 1/17/2021 1/17/2022 1,000,000 1,000,000 1,000,000 City of College Station, its officers, agents, volunteers, and employees are included as Additional Insureds with primary and non-contributory wording as respects to General Liability and Auto Liability. Per project aggregate applies to General Liability. Waiver of Subrogation applies to Workers Compensation. All forms apply when required by written contract. 30day written notice of cancellation, coverage reduction applies to all policies. City of College Station Attn: Risk Management PO Box 9960/1102 Texas Avenue College Station, TX 77842 Carmen Trejo D CYBER LIABILITY 106363894 8/26/2020 1/17/2022 LIMIT/DED 2,000,000/5,000 E PROFESSIONAL LIABILITY LHR839866 4/7/2020 4/7/2021 LIMIT/DED 2,000,000/5,000 Page 90 of 288 Page 91 of 288 Page 92 of 288 Page 93 of 288 Page 94 of 288 Page 95 of 288 Page 96 of 288 Page 97 of 288 Page 98 of 288 Page 99 of 288 Page 100 of 288 Page 101 of 288 Page 102 of 288 Page 103 of 288 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 1/17/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0001318418 of Texas Mutual Insurance Company effective on 1/17/21 Issued to: ALEXANDER'S CONTRACT SERVICES INC This is not a bill NCCI Carrier Code: 29939 Authorized representative 1/12/21 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 104 of 288 March 25, 2021 Item No. 3.4. Annual Water Meter Purchase Sponsor:Mary Ellen Leonard, 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 (#WM09-20). Based on the attached contract unit pricing, the estimated annual expenditure for water meters is: $174,427.77 Relationship to Strategic Goals: - Financial Sustainability - 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. Reviewed & Approved by Legal: No Attachments: 1.HGAC Order Form 022421 Page 105 of 288 Contract No.:WM09-20 Date Prepared:2/24/2021 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Quan Unit Pr Total 75 1159.42 86956.5 45 1337.79 60200.55 6 1694.54 10167.24 2 2943.14 5886.28 2 5083.6 10167.2 125 8.4 1050 0 0 0 0 0 0 174427.77 Quan Unit Pr Total 0 0 0 0 0 0% 0 174427.77 CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City Of College Station Aqua Metric Sales Company Brandi Whittenton Kelsey VanCleave 979-764-3814 210-967-6300 210-967-6305 bwhittenton@cstx.gov kelsey.vancleave@aqua-metric.com Catalog / Price Sheet Name:Sensus Meter Pricing 2020 General Description of Product:AMI System Product and Installation A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary Description 1.5" OMNI C2 METER TRPL 2" OMNI C2 METER TRPL 3" OMNI C2 METER TRPL 4" OMNI C2 METER TRPL 6" OMNI C2 METER TRPL TR/PL HOUSING ASSEMBLY Total From Other Sheets, If Any: Subtotal A: B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Description Total From Other Sheets, If Any: Subtotal B: Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B).For this transaction the percentage is: C. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Subtotal C: Delivery Date: D. Total Purchase Price (A+B+C): Page 106 of 288 March 25, 2021 Item No. 3.5. Contract renewal 1 for the annual price agreement of Electric Single-Phase Transformers, which will be maintained in electrical inventory and expended as needed. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on contract renewal 1 for the annual price agreement of Electric Single-Phase Transformers, which will be maintained in electrical inventory and expended as needed. The total recommended award is for Three Hundred Fifty-Eight Thousand, Seven Hundred Seventy dollars and zero cents ($358,770.00) for the purchase of Electric Single-Phase Transformers from KBS Electric Distribution. Relationship to Strategic Goals: - Core Services and Infrastructure - Financial Sustainability Recommendation(s): Staff recommends City Council approve the contract renewal for KBS Electric Distribution for Single-Phase Transformers, in the amount not to exceed $358,770. Summary: On January 28, 2020, nine (9) sealed bids were received and opened for the Invitation to Bid, 20-017 for the purchase of Electric Single-Phase Transformers. Electric staff evaluated the bids for compliance to the needed specifications and recommended awarding the contract to a single vendor, KBS Electrical Distribution. City Council approved this contract on February 27, 2020, item # 4.3. Upon Council approval of this contract renewal, a blanket order will be issued to KBS Electrical Distribution for the period of one year, with a not to exceed amount of $358,770. This is the first renewal of two possible one-year renewals. Budget & Financial Summary: Funds are budgeted and available in the Electrical Fund. Various projects may be expenses as supplies are pulled from inventory and issued. Reviewed & Approved by Legal: No Attachments: 1.20300329R1 KBS Electrical Renewal Page 107 of 288 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 Page 108 of 288 PO Box 9960 1101 Texas Avenue College Station, TX 77842 www.cstx.gov February 22, 2021 ATTN: Mr. Marvin Oldham KBS Electrical Dist. PO Box 4591 Bryan, TX 77805 RE: RFP#20-017 Contract #20300329 Renewal #1 Annual Price Agreement for Transformers Dear Mr. Oldham, The City of College Station appreciates the products and services provided by KBS Electrical Distribution, this past year. We would like to exercise our option to renew the above referenced price agreement for the term of March 26, 2021 through March 25, 2022 with a contract amount of Three Hundred Fifty- Eight Thousand, Seven Hundred Seventy and 00/100 Dollars ($358,770.00), based on the original price agreement. This is the first of two possible renewals for this contract. If this meets your company’s approval, please complete the following renewal agreement, and return it, no later than February 26, 2021 via e-mail to rforsyth@cstx.gov. Attachment Page 109 of 288 CONTRACT #20300329 RENEWAL #1 ACCEPTANCE By signing herewith, I acknowledge and agree to Contract #20300329 Renewal #1, for Annual Price Agreement for Transformers, in accordance with all terms and conditions previously agreed to and accepted, for an amount not to exceed Three Hundred Fifty- Eight Thousand, Seven Hundred Seventy and 00/100 Dollars ($358,770.00). I understand this renewal term will be for the period beginning March 26, 2021 through March 25, 2022. This is the first of two possible renewals for this contract. KBS ELECTRICAL DISTRIBUTION CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ Page 110 of 288 Page 111 of 288 March 25, 2021 Item No. 3.6. Appointment of a representative to the Keep Brazos Beautiful Board Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the appointment of a representative to the Keep Brazos Beautiful Board. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommends the appointment of Caroline Ask, Environmental Compliance and Recycling Manager, Public Works department. Summary: Keep Brazos Beautiful (KBB) is a non-profit organization founded in 1980, affiliated with Keep American Beautiful and Keep Texas Beautiful, focusing on litter control, sustainability, and beautification. Alyssa Halle-Schramm, Long Range Planning Administrator, Planning and Development Services has held the Director position since 2020. Staff recommends the appointment of Caroline Ask, Environmental Compliance and Recycling Manager, Public Works department for 2021. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 112 of 288 March 25, 2021 Item No. 3.7. Cemetery Ordinance Sponsor:Steve Wright Reviewed By CBC:Parks & Recreation Board Agenda Caption:Presentation, discussion, and possible action related to amending Chapter 10, “Cemeteries,” Article II, “City Owned or Maintained Cemeteries,” section 10-25, “Purchase Options,” of the Code of Ordinances of the City of College Station regarding number of cremates per niche. Relationship to Strategic Goals: Core Services and Infrastructure Financial Stability Recommendation(s): Parks & Recreation Advisory Board unanimously voted to recommend both changes to the ordinance in Feb. 2020. Staff agrees. Summary: After requests by customers to allow multiple cremates per niche space in the columbarium, staff compiled research of practices in multiple municipal cemeteries. Findings stated that our “one cremate per niche” was not within the norm. At the February Parks & Recreation Board, staff recommended the following changes: • ARTICLE II. SECTION 10-25 (g) o A maximum of two cremates shall be allowed per columbarium niche • SECTION 2-117 o Municipal $825 Single/$1445 Double o Field of Honor $1650 Single/$3000 Double Budget & Financial Summary: Reviewed & Approved by Legal: No Attachments: 1.Cemetery Ordinance Page 113 of 288 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 10, “CEMETERIES,” ARTICLE II, “CITY OWNED OR MAINTAINED CEMETERIES,” SECTION 10-25, “PURCHASE OPTIONS,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO CREMATES PER NICHE; 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 10, “Cemeteries,” Article II, “City Owned Or Maintained Cemeteries,” Section 10-25, “Purchase Options,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 114 of 288 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 115 of 288 ORDINANCE NO._____Page 3 of 3 Ordinance Form 8-14-17 EXHIBIT A That Chapter 10, “Cemeteries,” Article II, “City Owned Or Maintained Cemeteries,” Section 10- 25, “Purchase Options,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 10-25. -Purchaser Options … “(g) Purchasers are limited to one space per each casket interment. The interment of two cremains shall be allowed in a single standard space. Combinations of casket burials and cremates shall be allowed in a single standard space provided that the cremains are interred towards the head line of the space. A maximum of two cremate burials shall be allowed per designated cremate space in Section LR of the College Station Cemetery. A maximum of two cremates shall be allowed per columbarium niche in the Memorial Cemetery of College Station.” Page 116 of 288 March 25, 2021 Item No. 3.8. Rejection of BID #21-031 – Three Phase Transformer for Switch Substation Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding the rejection of bids and cancelation of bid 20-031 for the Three Phase Transformer for Switch Substation. Relationship to Strategic Goals: 1. Financial Sustainability 2. Core Services and Infrastructure Recommendation(s): Staff recommends approval of the rejection of bids received, and the recommendation of no award for BID #20-031. Summary: Due to time and budget constraints, the Switch Station Transformer Upgrade Project is postponed until FY 2023. Electrical staff recommends the rejection of these bids and will instead repost at a more appropriate time. Budget & Financial Summary: This equipment will be budgeted and re-bid in the FY23 Electric CIP budget. Reviewed & Approved by Legal: No Attachments: None Page 117 of 288 March 25, 2021 Item No. 3.9. 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 Any Time,” of the Code of Ordinances of the City of College Station, Texas, by removing parking on the north side of Louise Avenue between College Main Street and Second Street. Sponsor:Jason Schubert Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding 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 Any Time,” by removing parking on the north side of Louise Avenue between College Main Street and Second Street. Relationship to Strategic Goals: Core Services and Infrastructure Improving Mobility Recommendation(s): Staff recommends approval of the ordinance. Summary: The proposed ordinance provides for no parking anytime on the north side of Louise Avenue between College Main Street and Second Street. The parking removal is needed to ensure the Fire Department has adequate fire access to the proposed high-rise project at the corner of College Main Street and Louise Avenue. On-street parking has already been removed on the south side of Louise Avenue in this area. The high-rise project will include parking for their project within their building, and the City’s parking garage is located just south of the proposed high-rise. Due to COVID-19 limitations of in-person meetings, the developer of the high-rise project hosted a virtual meeting to discuss the parking removal on the evening of Wednesday, December 2, 2020. The Community Services Department provided email notification regarding the meeting to approximately 70 Northgate contacts, though the only participants that attended were related to the project or City staff. The Community Services Department mentioned the proposed parking removal as part of stakeholder engagement for the draft Northgate Operations Plan during the week of March 8th. Budget & Financial Summary: The developer of the high-rise project will install the no parking signs as part of constructing the project. Reviewed & Approved by Legal: No Attachments: 1.Louise Parking Removal Ordinance 2.Parking Removal Exhibit Page 118 of 288 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 REMOVING PARKING ON THE NORTH SIDE OF LOUISE AVENUE BETWEEN COLLEGE MAIN STREET AND SECOND STREET, 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 119 of 288 ORDINANCE NO. _______Page 2 of 3 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this 25th day of March, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 120 of 288 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 the following: 1.Louise Avenue a.Traveling on: Louise Avenue b.Between: College Main Street and Second Street c.Travel Direction: West d.Restriction: No parking any time Page 121 of 288 Parking Removal Page 122 of 288 March 25, 2021 Item No. 3.10. Rock Prairie Management District No. 2 ILA Relating to Park Facilities Sponsor:Aubrey Nettles, Assistant Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an Interlocal Agreement Between the City of College Station and Rock Prairie Management District No. 2 relating to park facilities. Relationship to Strategic Goals: Diverse & Growing Economy Core Services & Infrastructure Recommendation(s): Staff recommends approval of the Interlocal Agreement with Rock Prairie Management District No. 2. Summary: Rock Prairie Municipal Management District No. 2 was created to provide certain improvements and services to the property located within the district, as well as to promote and maintain employment, housing, recreation, tourism, entertainment, economic development, safety and public welfare within the District. For property located within the boundaries of the Interlocal Agreement, the District will develop and dedicate parks to the City through the standard development dedication process. Additionally, the District will maintain and program parks and related facilities. The District agrees at its sole cost and expense to perform the day-to-day operation and maintenance of the parks and park facilities and to perform ordinary repairs and maintenance. The District has the right to receive any and all revenue collected from District-programmed activities held within these parks and park facilities. The initial term of the Interlocal Agreement is for 50 years. This agreement can be renewed for one more additional 50 year term. Budget & Financial Summary: There should be no negative impact to the City of College Station. The District agrees at its sole cost and expense to perform the day-to-day operation and maintenance of the park and park facilities and to perform ordinary repairs and maintenance. The District has the right to receive any and all revenue collected from District programmed activities held within these park and park facilities. Reviewed & Approved by Legal: No Attachments: 1.Interlocal Agreement (Park Use Operation and Maintenance) 3-15-2021 Page 123 of 288 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND ROCK PRAIRIE MANAGEMENT DISTRICT THE STATE OF TEXAS § § COUNTY OF BRAZOS § THIS INTERLOCAL AGREEMENT (“Agreement”) is by and between the CITY OF COLLEGE STATION, TEXAS (the “City”), a municipal corporation and home-rule city located in Brazos County, Texas, and ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 (the “District”), a political subdivision of the State of Texas created by an Act of the 83rd Texas Legislature under the terms and provisions of Article III, Sections 52 and 52-a and Article XVI, Section 59 of the Texas Constitution, and operating pursuant to Chapter 3909, Special District Local Laws Code and Chapter 375, Texas Local Government Code, as amended. The City and the District are collectively referred to herein as the “Parties,” and each individually referred to as “Party.” WHEREAS, the Parties are both political subdivisions of the State of Texas and are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of certain governmental functions or services; and WHEREAS, the District is authorized by Chapter 3909, Special District Local Laws Code, as amended (the “Act”), to promote the health, safety, welfare and enjoyment of the public by providing, among other things, water, wastewater, drainage, parking, recreational and road facilities; and WHEREAS, the District was created to provide certain improvements and services to the land and other property located therein, as well as to promote, develop, encourage and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety and the public welfare within the District; and WHEREAS, the District is further authorized by the Act and the provisions of Chapter 375, Local Government Code, as amended, to undertake certain improvement projects, which may consist of the construction, acquisition, improvement, relocation, operation, maintenance, or provision of, among other things: landscaping; lighting, banners, and signs; streets and sidewalks; pedestrian skywalks, crosswalks, and tunnels; marinas, pedestrian malls; parks, plazas, lakes, rivers, bayous, ponds, and recreation and scenic areas; historic areas; fountains; works of art; and other similar improvements; and WHEREAS, each Party is authorized to individually perform certain governmental functions and services related to public health and welfare and other governmental functions in which the contracting Parties are mutually interested; and Page 124 of 288 WHEREAS, in furtherance of its purpose, the District or the District’s developer will construct dedicated park(s) on land within the boundaries of the District, and on any land that is annexed into the boundaries of the District with the consent of the City; and WHEREAS, the Park (hereinafter defined) will be developed by the District and/or the District’s developer and dedicated to the City through the standard development and dedication process; and WHEREAS, the Park will be maintained for the enjoyment and benefit of the residents of the City, residents of the District and the general public (collectively, the “Benefited Parties”); and WHEREAS, the District may also employ a person or company to actively program events and activities in the Park; and WHEREAS, the City and the District have determined that it is in the best interest of each Party to enter into this Agreement pursuant to which the City and the District agree that the District shall use, operate, and maintain the Park and the Park Facilities (hereinafter defined); and NOW, THEREFORE for and in consideration of the mutual promises, covenants, and benefits herein set forth; the City and the District do hereby contract and agree as follows: GENERAL TERMS AND CONDITIONS 1. Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 2. Term. The initial term of this Agreement is for fifty (50) years after the Effective Date. This Agreement, with the mutual written consent of both Parties may be renewed for one (1) additional consecutive fifty (50) year term for a total of one-hundred (100) years. 3. Termination. Either Party may terminate this Agreement for cause or convenience after providing the other Party 180 days’ written notice. 4. Park Dedication. The District or District’s developer will dedicate parkland as required per the City’s Unified Development Ordinance through the development process to include neighborhood park(s) and/or community park(s), as generally depicted on Exhibit “A” attached hereto and incorporated herein (collectively, the “Park”). All dedications will become public parkland owned by the City. As required, all development plans, including amenities and equipment, must be approved by the City. 5. Park Operation and Maintenance. (a) Subject to the terms and conditions set forth in this Agreement, the City hereby grants to the District the right to operate and maintain the Park and related facilities, and the District hereby agrees to operate and maintain the Park and related facilities, including those recreational improvements and facilities permitted under the Act and Chapter 375, Local Government Code, as amended (the “Park Facilities”). The City and District agree that the “Park Facilities” shall include any water well constructed and operated in the Park for irrigation purposes (the “Well”), including irrigation, filling and refilling of the Page 125 of 288 ponds and lakes in the Park, to serve the Park, Park Facilities and other recreational areas within the District. The Parties agree that the District will operate the Well and have the right to use the water produced from the Well in order to serve the Park, Park Facilities and other recreational areas within the District at no additional cost to the District other than regulatory permit fees associated therewith. (b) The District agrees at its sole cost and expense (i) to perform the day-to-day operation and maintenance of the Park and the Park Facilities, including, without limitation, seeding, watering and maintenance of all landscaped areas, pruning and cutting all trees and shrubbery, removing all trash and debris; and painting or other external care of all buildings and improvements in a manner and with such frequency as is consistent with safety and good property management, and to present at all times the appearance of a neat, attractive and well- kept area, (ii) to keep the Park and the Park Facilities in good repair, (iii) to replace Park Facilities worn by ordinary use with similar or upgraded facilities as reasonably necessary; provided that such replacement costs do not exceed $50,000.00 (collectively, “Ordinary Repairs and Maintenance”), and (iv) to contract with and determine consultants and vendors necessary for the operation and maintenance described in this Agreement. The Park shall be maintained to meet required City maintenance standards for City parks. (c) The District shall be responsible for all Ordinary Repairs and Maintenance. The City must approve, in writing, and prior to installation or replacement of any equipment installed in the Park and the City must review and approve in writing the construction plans prior to construction. Any changes to equipment during maintenance must be approved in writing by the City. (d) Any repairs, modifications or replacement of the Park and/or Park Facilities outside the scope of the Ordinary Repairs and Maintenance (collectively, “Major Repairs”) shall be shared equally between the City and the District. The City must approve, in writing, any and all repairs, modifications, or replacement of the Park and/or Park Facilities outside the scope of Ordinanary Repairs and Maintenance and prior to any repair, modification, or replacement being made. Notwithstanding the foregoing, any repair, maintenance and/or replacement of the lake in the Park and the Well shall be solely the responsibility of the District. (e) The City has the right to perform routine inspections of the Park and Park Facilities. (f) The District agrees that it shall not perform any act or permit any activity that could materially diminish the value of the Park or the Park Facilities. The District further agrees to perform all acts necessary to preserve and protect the value of the Park and the Park Facilities and to utilize the Park and the Park Facilities in furtherance of the provision of recreation and beautification of the Park. The District agrees that all Park activity and programming shall be conducted in a manner consistent and promotes the well-being of the City’s citizens and the general public. 6. Access to the Park and Park Facilities. The City hereby grants to the District, its representatives, contractors, agents and employees, a non-exclusive easement in and to the Park and the Park Facilities for the purpose of performing its obligations under this Agreement. The Park shall be open to the Benefited Parties for outdoor recreational purposes, and the Page 126 of 288 District shall not restrict access to the Park or the Park Facilities or the use thereof on the basis of race, color, sex, national origin, or location of residence. 7. Park Programming. If necessary, the District at its sole cost will design and implement Park programming for the Park and coordinate for City approval. Any event shall meet all City ordinances and/or County ordinances, including but not limited to, any requirement for a special event permit. 8. Park Revenue. The District shall have the right to receive any and all revenues collected from all District programming and activities held at the Park and Park Facilities. All revenue received from District Park programs shall only be expended for Park purposes. The District upon written request shall provide the City within thirty (30) days an accounting of all funds received and spent from District Park Programming. District shall establish and maintain a reasonable accounting system that enables City to readily identify revenue and costs associated with Park programs. City shall have the right to audit, to examine, and to make copies of all financial and related records pertaining to this Agreement. If the audit discovers substantive findings related to fraud, misrepresentation, or non‐performance, City may terminate this Agreement with seven (7) days written notice and recoup the costs of the audit work from the District. 9. Insurance. The District shall, at its sole cost and expense, procure and maintain, during the term of this Agreement, comprehensive general public liability insurance against claims for personal injury, death, or property damage occurring in, upon, or about the Park and the Park Facilities or relating to or arising out of the construction, operation, maintenance, or management of the Park and the Park Facilities. The types and amounts of coverage shall be comparable to those maintained by the City or the District for other parks it owns or operates, and shall be sufficient to fully cover the replacement value of the Park Facilities. The City shall be named as an additional insured therein, and shall be provided with proof of such insurance upon execution of this Agreement and subsequently upon request. The District shall provide the City with thirty (30) days prior written notice of any amendment to or cancellation of any insurance policy. 10. Indemnification. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, the City and District agree to hold harmless the other Party, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by the other Party, or any of its officers, agents or employees as a result of its performance under this Agreement. 11. Amendment. The terms and conditions of this Agreement may be amended upon the mutual written consent of both Parties. Mutual consent will be demonstrated approval of the governing body of each Party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both Parties. Page 127 of 288 12. Utilities for the Park and Park Facilities. The District shall pay, or cause to be paid the cost of all utilities furnished to the Park and the Park Facilities, including but not limited to, electricity, gas, water, sewer and telephone and internet services. The District reserves the right to contest the validity or amount of any such utilities, and defer payment of any amounts disputed in good faith pending such contest. 13. No Assignment. Except as otherwise provided below, this Agreement may not be assigned by either Party hereto without the prior written consent of the non-assigning Party. 14. Choice of Law and Venue. This Agreement is governed in accordance with the laws of the State of Texas. Venue shall be in Brazos County, Texas. 15. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and in lieu of each provision that is invalid, illegal or unenforceable, there shall be added a new provision to this Agreement as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this Agreement or by reform by a court of competent jurisdiction. 16. Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, in no way constitutes a waiver of that provision, nor in anyway affects the validity of this Agreement, any part of this Agreement, or the right of the Party thereafter to enforce each and every provision of this Agreement. No term of this Agreement will be deemed waived or breach excused unless such waiver is in writing and signed by the Party claiming 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. 17. Headings. The section headings of this Agreement are for convenience and shall neither amplify nor detract from the text of this Agreement. 18. No Third Party Beneficiaries. This Agreement is not intended to create and does not create any rights in or benefits to any third party. The City and District will act independently in carrying out their respective obligations under this Agreement, and neither Party confers any rights or assumes any responsibility to a third party in connection with this Agreement. 19. Relation of Parties. It is the intention of the Parties that District is independent of the City and not an employee, agent, joint venturer, or partner of City and nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between District and City or City and any of the District’s representatives. 20. Notice. Notice which shall or may be given in accordance with the terms of this Agreement, shall be in writing and shall be hand delivered by expedited delivery service with proof of delivery, sent by United States mail, registered or certified, adequate postage prepaid, return receipt requested, or by electronic transmission, addressed to the following Parties: Page 128 of 288 If to the City: City of College Station Legal Department P.O. Box 9960 College Station, TX 77842-9960 Telephone: _________________ Email address: __________________ If to the District: Rock Prairie Management District No. 2 c/o Schwartz, Page & Harding, L.L.P. 1300 Post Oak Boulevard, Suite 1400 Houston, Texas 77056 Attn: President, Board of Directors Telephone: (713) 623-4531 Email address: ccole@sphllp.com Each Party shall have the right to change its address for purposes of notice and to substitute the parties to receive copies of such notice, by giving notice as provided in this Section. Each notice given under this Agreement shall be deemed received and effective on the third (3rd) day after deposit in the U.S. mail, if mailed; upon actual delivery, if hand delivered; or upon confirmation of receipt thereof if sent by electronic transmission. 21. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. [SIGNATURES COMMENCE ON FOLLOWING PAGE] Page 129 of 288 IN WITNESS WHEREOF, this Agreement has been executed in multiple counterparts, each of equal dignity, as of the Effective Date. THE CITY OF COLLEGE STATION, TEXAS Mayor ATTEST/SEAL: City Secretary APPROVED AS TO FORM: City Attorney STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged on _____________________, 2020, by _______________________, ______________________________ of City of College Station, Texas, on behalf of the City. _________________________________ Notary Public, State of Texas Page 130 of 288 ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 By: _________________________________ Uri Geva President, Board of Directors STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before me on this ______ day of ________________, 2020, by Uri Geva, President of the Board of Directors of Rock Prairie Management District No. 2, a political subdivision of the State of Texas, on behalf of said political subdivision. _________________________________ Notary Public, State of Texas AFTER RECORDING RETURN TO: Rock Prairie Management District No. 2 c/o Schwartz, Page & Harding, L.L.P. 1300 Post Oak Boulevard, Suite 1400 Houston, Texas 77056 565792v2 Page 131 of 288 March 25, 2021 Item No. 3.11. Revisions of section 15 Debt Management and section 17 Operating Reserves/Fund Balances of the FY21 Fiscal and Budgetary Policy Statement. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding revisions of section 15 Debt Management and section 17 Operating Reserves/Fund Balances of the FY21 Fiscal and Budgetary Policy Statement. Relationship to Strategic Goals: - Good Governance - Financial Sustainability - Core Services & Infrastructure - Sustainable City Recommendation(s): Staff recommends review and approval of the updated policy sections. Summary: Fiscal and Budgetary Policies are reviewed and adopted by City Council annually with each Approved Annual Budget. As a result of Winter Storm Uri in February 2021, staff is recommending two interim revisions to the Fiscal and Budgetary Policies of the City. 1. Section 15.5 Short Term Obligations has been added regarding Debt Management. The existing policy did not address this type of financing. Minor wording changes to the proceeding paragraphs were also made to address this type of financing. 2. A paragraph was added to Section 17.2 Enterprise Funds for the establishment of Risk Mitigation Funds in order to reduce rate, delivery and other service risks in the event of an emergency. Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.Fiscal Manual - Fiscal And Budgetary Policy Statements - Redline Page 132 of 288 Appendix F FISCAL AND BUDGETARY POLICY STATEMENTS – UPDATED MARCH 25, 2021 1.STATEMENT OF PURPOSE The broader intent of the following Fiscal and Budgetary Policy Statements is to enable the City to achieve a long- term stable and positive financial condition. The watchwords of the City’s financial management include integrity, prudent stewardship, planning, accountability, and full disclosure. The more specific purpose is to provide guidelines regarding the City’s day-to-day financial affairs and in developing recommendations to the City Manager and City Council. The scope of these policies generally spans, among other issues, accounting, purchasing, auditing, financial reporting, internal controls, operating and capital budgeting, revenue management, cash and investment management, expenditure control, asset management, debt management, and planning concepts, in order to: A.Present fairly and with full disclosure the financial position and results of the financial operations of the City in conformity with generally accepted accounting principles (GAAP), and B.Determine and demonstrate compliance with finance related legal and contractual issues in accordance with provisions of the Texas Local Government Code and other pertinent legal documents and mandates. The City Council will annually review and approve the Fiscal and Budgetary Policy Statements as part of the budget process. More detailed policy guidelines in the following policy manuals maintained by the Finance Department: 1.ACCOUNTING OPERATIONS POLICY 2.PURCHASING POLICY 3.EMERGENCY OPERATIONS POLICY – FISCAL SERVICES 4.FIXED ASSET POLICY 5.MISCELLANEOUS FISCAL SERVICES POLICY 6.UTILITY CUSTOMER SERVICE POLICY 7.INVESTMENT POLICY & STRATEGY 8.CONTINUING DISCLOSURE 2.OPERATING BUDGET 2.1.PREPARATION. Budgeting is an essential element of the financial planning, control, and evaluation process of municipal government. The “operating budget” is the City’s annual financial operating plan. The budget includes all of the operating departments of the City, the debt service fund, all capital projects funds, and the internal service funds of the City. The budgets for the General Funds and Special Revenue Funds are prepared in the Finance Department on the modified accrual basis of accounting. Under this basis, revenues are recognized when they become measurable and available to finance expenditures of the current period. Expenditures are recognized when the related fund liability is incurred with the exception of unmatured interest on long term debt which is recognized when due and certain compensated absences and claims and judgments such as accrued vacation leave which are Page 133 of 288 recognized when the obligations are expected to be liquidated with expendable resources. The budgets for the Enterprise and Internal Service Funds are similarly prepared on the modified accrual basis of accounting where cash transactions are included in the budget presentation in lieu of non-cash transactions such as depreciation. The focus is on the net change in working capital (current assets less current liabilities). The budget is prepared with the cooperation of all City Departments, and is submitted to the City Manager who makes any necessary changes before presentation to City Council. The budget shall be presented to the City Council no later than six weeks prior to fiscal year end, and shall be enacted by the City Council on or before the twenty-seventh day of the last month of the preceding fiscal year. The budget process will be coordinated so as to identify major policy issues for City Council. The budget process will be a part of an overall strategic planning process for the City. 2.1.BALANCED BUDGET. The operating budget will be balanced with current revenues, exclusive of beginning resources, greater than or equal to current expenditures/expenses. Excess balances shall be used as capital funds or other non-recurring expenditures. 2.2.DEVELOPMENT OF AN APPROVED BUDGET. . a.The budget shall include four basic segments for review and evaluation: (1) personnel costs, (2) base budget for operations and maintenance costs, (3) service level adjustments for increases or decreases to existing service levels, and (4) revenues. b.The budget review process shall include Council participation in the development of each of the four segments of the approved budget and two public hearings to allow for citizen participation in the budget preparation. c.The budget process shall span sufficient time to address policy and fiscal issues by the Council. d.A copy of the approved budget shall be filed with the City Secretary when it is submitted to the City Council in accordance with the provisions of the City Charter. 2.3.ADOPTION. Upon the presentation of a proposed budget document to the Council, the Council shall call and publicize two public hearings. The Council will subsequently adopt by ordinance such budget as it may have been amended as the City’s Annual Budget, effective for the fiscal year beginning October 1. 2.4.BUDGET AWARD. The operating budget will be submitted annually to the Government Finance Officers Association (GFOA) for evaluation and consideration for the Award for Distinguished Budget Presentation. 2.5.BUDGET REPORTING. Periodic financial reports will be prepared to monitor and control the budget.. Summary financial reports will be presented to the City Manager and City Council quarterly as soon as possible, preferably within thirty (30) working days after the end of each quarter. Such reports will be in a format appropriate to enable the City Council to Page 134 of 288 understand the big picture budget status. 2.6.CONTROL. Operating expense control is addressed in Section 4 of these Policies. 2.7.CONTINGENT APPROPRIATION. Pursuant to Section 58 of the Charter of the City of College Station, the City will establish an adequate contingent appropriation in each of the operating funds. The expenditure for this appropriation shall be made only in cases of emergency, and a detailed account shall be recorded and reported. The proceeds shall be disbursed only by transfer to departmental appropriation. The transfer of this budget appropriation shall be under the control of the City Manager and may be distributed by him in amounts not exceeding $100,000. Any transfer involving more than $100,000 must be expressly approved by the City Council. All transfers from the contingent appropriation will be evaluated using the following criteria: 1.Is the request of such an emergency nature that it must be made immediately? 2.Why was the item not budgeted in the normal budget process? 3.Why can’t the transfer be made within the division or department? 3.REVENUE MANAGEMENT. 3.1.OPTIMUM CHARACTERISTICS. 1.SIMPLICITY. The City, where possible and without sacrificing accuracy, will strive to keep the revenue system simple in order to reduce compliance costs for the taxpayer or service recipient. A corresponding decrease in the City’s cost of collection and a reduction in avoidance to pay will thus result. The City will avoid nuisance taxes or charges as revenue sources. 2.CERTAINTY. The City will understand its revenue sources and enact consistent collection policies to provide assurances that the revenue base will materialize according to budgets and plans. 3.EQUITY. The City shall make every effort to maintain equity in its revenue system; i.e., the City shall seek to minimize or eliminate all forms of subsidization between entities, funds, services, utilities, and customer classes. 4.REVENUE ADEQUACY. The City shall require that there be a balance in the revenue system; i.e., the revenue base will have the characteristic of fairness and neutrality as it applies to cost of service, willingness to pay, and ability to pay. 5.ADMINISTRATION. The benefits of a revenue source will exceed the cost of levying and collecting that revenue. The cost of collection will be reviewed for cost effectiveness as a part of the indirect cost and cost of service analysis. Where appropriate, the City will use the administrative processes of State or Federal collection agencies in order to reduce administrative costs. 6.DIVERSIFICATION AND STABILITY. A diversified revenue system with a stable source of income Page 135 of 288 shall be maintained. This approach will help avoid instabilities in particular revenue sources due to factors such as fluctuations in the economy and variations in the weather. Stability is achieved by a balance between elastic and inelastic revenue sources. 3.2.OTHER CONSIDERATIONS. 1.COST/BENEFIT OF INCENTIVES FOR ECONOMIC DEVELOPMENT. The City will use due caution in the analysis of any tax or fee incentives that are used to encourage development. Ideally, a cost/benefit (fiscal impact) analysis will be performed as part of such evaluation. 2.NON-RECURRING REVENUES. One-time or non-recurring revenues will not be used to finance ongoing operations. Non-recurring revenues should be used only for one-time expenditures such as long-lived capital needs. They will not be used for budget balancing purposes. 3.PROPERTY TAX REVENUES. All real and business personal property located within the City shall be valued at 100% of the fair market value for any given year based on the current appraisal supplied to the City by the Brazos County Appraisal District. 4.A ninety-six and one half percent (96.5%) collection rate shall serve each year as a minimum goal for tax collections. The City Manager may, for budget and forecasting purposes, use up to the tax rate in effect for the current year’s budget. The City Manager may justify a tax rate that is different from the current tax rate. The justification will be based on City Council directions, needs arising from debt service, or other conditions as may arise from time to time. 3.3.INVESTMENT INCOME. Earnings from investment (both interest and capital gains) of available monies, whether pooled or not, will be distributed to the funds in accordance with the equity balance of the fund from which monies were provided to be invested. 3.4.USER-BASED FEES AND SERVICE CHARGES. For services associated with a user fee or charge, the direct and indirect costs of that service will be offset by a fee where possible. There will be a review of fees and charges no less than once every three years to ensure that fees provide adequate coverage of costs of services. User charges may be classified as “full cost recovery,” “partial cost recovery I,” “partial cost recovery II” and “minimal cost recovery,” based upon City Council policy. 1.Full fee support (80-100%) will be obtained from enterprise operations such as utilities, solid waste service, landfill, cemetery and licenses and permits. 2.Partial fee support I (50-80%) will be generated by charges for emergency medical services, miscellaneous licenses and fines, and all adults’ sports programs. 3.Partial fee support II (20%-50%) will be generated by charges for youth programs and activities. 4.Minimum fee support (0-20%) will be obtained from other parks, recreational and cultural programs and activities. 3.5.ENTERPRISE FUND RATES. The City will review and adopt utility rates as needed to generate revenues required to fully cover operating expenses, meet the legal restrictions of all applicable bond covenants, and provide for an adequate level of working capital. Page 136 of 288 3.6.GENERAL AND ADMINISTRATIVE (G&A) CHARGES. G&A costs will be charged to all funds for services of general overhead, such as administration, finance, customer billing, personnel, technology, engineering, legal counsel, and other costs as appropriate. The charges will be determined through an indirect cost allocation study following accepted practices and procedures. 3.7.Unmetered City of College Station Street Light Costs. The electric power cost related to the unmetered City of College Station street lights will be incurred in the Electric Fund as part of the overall purchased power cost. The General Fund will reimburse the Electric Fund for the estimated cost of this service. The reimbursement amount will be estimated on an annual basis and will be based on the number of applicable street lights, estimated power consumption and estimated maintenance costs. 3.8.Utility Transfer to General Fund. The intent of this transfer is to provide a benefit to the citizens for their ownership of the various utility operations. An in-lieu-of-franchise fee is included as part of the rate computation of the transfer and is consistent with the franchise rates charged to investor owned utilities franchised to operate within the City. 1.Electric Fund In-Lieu-of-Franchise Fee - The in-lieu-of-franchise fee will be calculated based on kWh usage at a rate of that would equate to an approximate 9% franchise fee. The final total transfer amount will not exceed 9% of total estimated operating revenues. 2.Water, Wastewater, and Solid Waste Funds – This transfer will be made in accordance with the following two methods, not to exceed 10% of the total estimated operating revenues for these Funds: 1.In-Lieu-of-Franchise Fee. In-lieu-of-franchise fee will be included as part of the rate computation at 10% of gross sales consistent with the franchise rates charged to investor owned utilities franchised to operate within the City. 2.Utility Transfer to the General Fund. This transfer will be calculated at 10% of total Fund Equity. 3.9.INTERGOVERNMENTAL REVENUES. The City will not be reliant on intergovernmental revenues (grants). Any potential grants will be examined for matching and continuation of program requirements. These revenue sources should be used only for projects and programs where operating and maintenance costs that have been included in the financial forecast and their ultimate effect on operations and revenue requirements are anticipated. 3.10.REVENUE MONITORING. Revenues as they are received will be regularly compared to budgeted revenues and variances will be investigated. 4.EXPENDITURE CONTROL 4.1.APPROPRIATIONS. The point of budgetary control is at the department level in the General Fund and at the fund level in all other funds. When budget adjustments among Departments and/or funds are necessary, they must be approved by the City Council and must meet other requirements as outlined in the City Charter, with the following exceptions: 1.Inter-fund transfers involving an internal replacement fund; in the case of funds being moved to or from any of the replacement funds (IT, Equipment, or Fleet), 2.Corrections or de-minimis amounts as outlined in the Transfer Policy maintained in the MISCELLANEOUS FISCAL SERVICES POLICY Page 137 of 288 3.Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. 4.As the Water and Wastewater Funds are operationally one fund, transfers between these two funds are considered administrative in nature as long as they are net budget neutral. 4.2.AMENDMENTS TO THE BUDGET. In accordance with the City Charter, the budget may be amended after the following conditions are met: 1.The City Manager certifies that there are available revenues in excess of those estimated in the Budget. 2.The City Council holds a public hearing on the supplemental appropriation. 3.The City Council approves the supplemental appropriation. 4.3.CENTRAL CONTROL. Modifications within the operating categories (salaries, supplies, maintenance, services, capital etc.) are detailed in the Transfer Policy maintained in the MISCELLANEOUS FISCAL SERVICES POLICY 4.4.PURCHASING. The City shall make expenditures to promote the best interests of the citizens of College Station. The City shall encourage free and unrestricted competition on bids and purchases, ensuring the taxpayers the best possible return on and use of their tax dollars. It shall be the policy of the City to fully comply with and make purchases or expenditures pursuant to the City’s Purchasing Manual which includes policies, rules, regulations, procedures, state and federal law. The Purchasing division of Finance Department, is the central authority for all purchasing activity $3,000 and greater. The City Manager or his designee, in consultation with appropriate City Departments, may determine the procurement method for goods and services that provides the best value to the City. The purchase of goods or services by the City at a total cost of less than $3,000 may be approved by the applicable department in accordance with the central procurement card policy or the department’s internal control procedures. 4.5.PROMPT PAYMENT. All invoices approved for payment by the proper City authorities shall be paid within thirty (30) calendar days of receipt of goods or services or invoice date, whichever is later, in accordance with the provisions of Chapter 2251 of the Local Government Code. The PURCHASING POLICY maintained by the Finance Department shall establish and maintain proper procedures which will enable the City to take advantage of all purchase discounts, when possible, except in the instance where payments can be reasonably and legally delayed in order to maximize the City’s investable cash. 5.RISK MANAGEMENT. The City will aggressively pursue every opportunity to provide for the public’s and City employees’ safety and to manage its risks. The goal shall be to minimize the risk of loss of resources through liability claims with an emphasis on safety programs. All reasonable options will be investigated to finance risks. Such options may include risk transfer, insurance, and risk retention. Where risk is retained, reserves will be established based upon actuarial determinations and not be used for purposes other than for financing losses. 6.REPORTING. Summary reports will be prepared showing actual expenditures as compared to the original and revised budgets and prior year expenditures. Page 138 of 288 7.CAPITAL BUDGET AND PROGRAM 7.1.PREPARATION. The City’s capital budget will include all capital projects funds and all capital resources. The budget will be prepared annually on a project basis. The capital budget will be prepared by the Finance Department with the involvement of responsible departments. 7.2.CONTROL. All capital project expenditures must be appropriated in the capital budget. The Chief Financial Officer must certify the availability of resources before any capital project contract is presented to the City Council for approval. 7.3.PROGRAM PLANNING. The capital budget will be taken from the capital improvements project plan for future years. The planning time frame for the capital improvements project plan should normally be five years, with a minimum of at least three years. Future replacement and maintenance for capital items should also be projected for the next five years after the project is placed into service 7.4.FINANCING PROGRAMS. Where applicable, assessments, impact fees, pro-rata charges, or other fees should be used to fund capital projects which have a primary benefit to specific, identifiable property owners. Alternative financing sources will be explored before debt is issued. When debt is issued, it will be used to acquire major assets with expected lives which equal or exceed the average life of the debt issue. 7.5.REPORTING. Periodic financial reports will be prepared to enable the Department Directors to manage their capital budgets and to enable the Finance Department to monitor and control the capital budget as authorized by the City Manager. 8.CAPITAL MAINTENANCE & REPLACEMENT To address that deferred maintenance and not anticipating replacement costs increases future capital requirements, the City policy is the following. 8.1.STREETS CAPITAL MAINTENANCE AND REPLACEMENT. It is the policy of the City to annually provide significant funding for the Streets Division within the Public Works Department to use for a residential street maintenance program. 8.2.BUILDING CAPITAL MAINTENANCE AND REPLACEMENT It is the policy of the City to annually provide significant funding for major maintenance on its buildings such as roof air conditioning, flooring and other replacements. Page 139 of 288 8.3.PARKING LOTS AND INTERNAL ROADWAYS. It is the policy of the City to annually provide significant funding to pay for major maintenance of parking lots and internal roadways. 9.REPLACEMENT FUNDS. The City has a major investment in its Information Technology, fleet of vehicles, and other equipment. The City will anticipate replacing existing equipment, as necessary and will establish charges that are assigned to departments to account for the cost of that replacement. The replacement funds may be used to provide funding for new equipment providing a charge to departments that recovers the initial investment and lost opportunity costs and maintains the ability of the fund to provide for replacement of all covered equipment. 9.1.INFORMATION TECHNOLOGY REPLACEMENT (IT). The City will maintain a schedule for the replacement of IT equipment and will establish charges assigned to departments to account for the cost of that replacement in accordance with the details in the IT Replacement Policy maintained in the MISCELLANEOUS FISCAL SERVICES POLICY. 9.2.FLEET REPLACEMENT. The City will maintain a schedule for the replacement of IT equipment and will establish charges assigned to departments to account for the cost of that replacement in accordance with the details in the Fleet and Ghost Fleet Replacement Policy maintained in the MISCELLANEOUS FISCAL SERVICES POLICY. 9.3.EQUIPMENT REPLACEMENT. The City will maintain a schedule for the replacement of IT equipment and will establish charges assigned to departments to account for the cost of that replacement in accordance with the details in the Equipment Replacement Policy maintained in the MISCELLANEOUS FISCAL SERVICES POLICY. 10. ACCOUNTING, AUDITING, AND FINANCIAL REPORTING 10.1.ACCOUNTING The general ledger is the collection of all asset, liability, net assets, revenue and expense accounts. It is used to accumulate all financial transactions and is supported by subsidiary ledgers that provide details for certain accounts. The general ledger is the foundation for the accumulation of data and production of reports. The Director of Fiscal Service under the direction of the City’s Chief Financial Officer is responsible for establishing the structure for the City’s Chart of Accounts and maintaining the General Ledger and necessary Subsidiary Ledgers for the accumulation of data and the production of accounting reports. Maintenance of both the General Ledger system and Chart of Accounts includes ensuring that procedures are in place to properly record financial transactions and report the City’s financial position. 10.2.AUDITING. 1.QUALIFICATIONS OF THE AUDITOR. In conformance with the City’s Charter and according to the provisions of Texas Local Government Code, Title 4, Chapter 103, the City will be audited annually by outside independent accountants (“auditor”). The auditor must be a CPA firm of regional reputation and must demonstrate that it has the breadth and depth of staff to conduct the City’s audit in accordance with generally accepted auditing standards (GAAS) and contractual requirements. The auditor must be Page 140 of 288 registered as a partnership or corporation of certified public accountants, holding a license under Chapter 901 Texas Occupations Code, capable of demonstrating that it has sufficient staff which will enable it to conduct the City’s audit in accordance with generally accepted auditing standards as required by the City Charter and applicable state and federal laws. The auditor’s report on the City’s financial statements will be completed and filed with the City Secretary within 120 days of the City’s fiscal year end, and the auditor will jointly review the management letter with the City Council within 30 days of its receipt by the staff. 2.In conjunction with their review, the Chief Financial Officer or his designee shall respond in writing to the City Manager and City Council regarding the auditor’s Management Letter, addressing the issues contained therein. The Council shall schedule its formal acceptance of the auditor’s report upon the resolution of any issues resulting from the joint review. 3.RESPONSIBILITY OF AUDITOR TO CITY COUNCIL. The auditor is retained by and is accountable directly to the City Council and will have access to direct communication with the City Council if the City Staff is unresponsive to auditor recommendations or if the auditor considers such communication necessary to fulfill its legal and professional responsibilities. 4.SELECTION OF AUDITOR. The City will not require a periodic rotation of outside auditors, but will circulate requests for proposal for audit services at least every five years. Authorization for the City’s annual audit shall occur no less than 30 days prior to the end of the fiscal year. 5.CITY INTERNAL AUDITOR. Pursuant to Article III, Section 30 of the City Charter, the City map appoint an officer of the City to be the City Internal Auditor. The internal auditor will assist management in preventing, detecting and deterring fraud by monitoring the design and proper functioning of internal control policies and procedures. The internal auditor may conduct performance audits, special investigations, and special studies under the direction of the City Council or Audit Committee. 11.FINANCIAL REPORTING. 11.1.EXTERNAL REPORTING The City shall prepare a written Comprehensive Annual Financial Report (CAFR) that shall be presented to the Council within 120 calendar days of the City’s fiscal year end. Accuracy and timeliness of the CAFR are the responsibility of City staff. The CAFR shall be prepared in accordance with GAAP and shall be presented annually to the Government Finance Officer’s Association (GFOA) for evaluation and consideration for the Certificate of Achievement for Excellence in Financial Reporting. If City staffing limitations preclude such timely reporting, the Chief Financial Officer will inform the City Council of the delay and the reasons therefore. 11.2.INTERNAL REPORTING. The Finance Department will prepare internal financial reports, sufficient to plan, monitor, and control the City’s financial affairs. Internal financial reporting objectives are addressed throughout these policies. Page 141 of 288 12. ASSET MANAGEMENT 12.1.INVESTMENTS. The Chief Financial Officer or the designee shall promptly invest all City funds with the depository bank in accordance with the provisions of the current Bank Depository Agreement or in any negotiable instrument authorized by the City Council under the provisions of the Public Funds Investment Act of 1987 as amended, and in accordance with the City Council’s approved Investment Policies. An investment report will be provided to the City Council quarterly. This report shall provide both summary and detailed information on the City’s investment portfolio. 12.2.CASH MANAGEMENT. The City’s cash flow will be managed to maximize the cash available to invest. Such cash management will entail the centralization of cash collections, where feasible, including utility bills, building and related permits and licenses, fines, fees, and other collection offices as appropriate. Periodic review of cash flow position will be performed to determine performance of cash management and conformance to investment policies. The underlying theme will be that idle cash will be invested with the intent to 1) safeguard assets, 2) maintain liquidity, and 3) maximize return. Where legally permitted, pooling of investments will be done. 13. FIXED ASSETS AND INVENTORY. These assets will be reasonably safeguarded and properly accounted for, and prudently insured. A fixed asset of the City shall be defined as a purchased or otherwise acquired piece of equipment, vehicle, furniture, fixture, capital improvement, addition to existing capital investments, land, buildings or accessioned Library materials which has an original cost or value of at least $5,000 and a useful life of more than three years. All expenditures related to specific capital projects are exceptions to the rule. Assets owned by the electric utility will be capitalized in accordance with Federal Energy Regulatory Commission (FERC) guidelines. Furthermore, assets owned by either the water or wastewater utilities will be capitalized in accordance with the National Association of Regulatory Utility Commissioners (NARUC) guidelines. The City’s fixed assets shall be reasonably safeguarded and properly accounted for and sufficiently insured. Responsibility for the safeguarding of the City’s fixed assets lies with the department director in whose department the fixed asset is assigned. Fixed Asset accounting will be maintained in accordance with the FIXED ASSET POLICY by the Finance Department. 14. COMPUTER SYSTEM/DATA SECURITY. The City shall provide security of its computer/network system and data files through physical and logical security systems that will include, but not limited to, double back-to-back firewalls and a two-tier spam/virus protection system. The physical location of computer/network systems shall be in locations inaccessible to unauthorized personnel. Page 142 of 288 15. DEBT MANAGEMENT 15.1.DEBT ISSUANCE. The City will issue debt only for the purpose of acquiring or constructing capital assets for the general benefit of its citizens, and to allow it to fulfill its various missions as a city. Debt may be issued for the purposes of purchasing land or rights-of-way and/or improvements to land, for construction projects, capital equipment and to to provide for the general good, and for capital equipment of the community. 15.2.GENERAL OBLIGATION BONDS (GO’s). GO’s will may be used only to fund capital assets of the general government and are not to be used to fund operating needs of the City.. The term of a bond issue will not exceed the useful life of the asset(s) funded by the bond issue and will generally be limited to no more than twenty (20) years. General obligation bonds must be authorized by a vote of the citizens of the City of College Station. 15.3.REVENUE BONDS (RB’s). RB’S will may be issued to provide for the capital needs of any activities where the capital requirements are necessary for continuation or expansion of a service which produces a revenue and for which the asset may reasonably be expected to provide for a revenue stream to fund the debt service requirements. The term of the obligation should not exceed the useful life of the asset(s) to be funded by the bond issue and will generally be limited to no more than twenty (20) years. 15.4.CERTIFICATES OF OBLIGATION, CO’s will may be used to fund capital assets as determined by City Council. . The term of the obligation may not exceed the useful life of the asset(s) to be funded by the proceeds of the debt issue and will generally be limited to no more than twenty (20) years when the asset is of a nature that its anticipated useful life exceeds 20 years. 15.5.SHORT TERM OBLIGATIONS Lines of Credit, taxable bonds and other financial instruments that are short term in nature may be used to fund any lawful purpose of the municipality as well as to provide bridge financing for capital projects. The City may issue interfund loans rather than outside debt instruments to meet short-term cash flow needs. Interfund loans will be permitted if an analysis of the affected fund indicates funds in excess of the fund balance requirement are available and the use of the funds will not impact that fund’s current operations. All interfund loans will bear interest based upon prevailing rates and have terms consistent with other similar obligations. 15.6.METHOD OF ISSUANCE. The City will use a competitive bidding process in the sale of bonds unless the nature of the issue warrants a negotiated bid. In situations where a competitive bidding process is not elected, the City will publicly present the reasons why, and the City will participate with the financial advisor in the selection of the underwriter or direct purchaser. 15.7.BIDDING PARAMETERS. The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of the existing market conditions and other prevailing factors. 15.8.ANALYSIS OF FINANCING ALTERNATIVES The Finance Department will explore alternatives to the issuance of debt for capital acquisitions and construction Page 143 of 288 projects. These alternatives will include, but not be limited to, 1) grants in aid, 2) use of reserves, 3) use of current revenues, 4) contributions from developers and others, 5) leases, and 6) impact fees. Page 144 of 288 15.9.DISCLOSURE. Full disclosure of operating costs along with capital costs will be made to the bond rating agencies and other users of financial information. The Finance Department, with the assistance of financial advisors and bond counsel, will prepare the necessary materials for presentation to the rating agencies, will aid in the production of Preliminary Official Statements, and will take responsibility for the accuracy of all financial information released in accordance with the INVESTMENT POLICY & STRATEGY and CONTINUING DISCLOSURE POLICY maintained by the Finance Department. 15.10.FEDERAL REQUIREMENTS. The City will maintain procedures to comply with arbitrage rebate and other Federal requirements. 15.11.DEBT STRUCTURING. The City will issue bonds for 20 years or less, not to exceed the life of the asset acquired. The structure should approximate level annual debt service unless operational matters dictate otherwise or if market conditions indicate potential savings could result from modifying the level payment stream. Consideration of market factors, such as the tax-exempt qualification, minimum tax alternative, and so forth will be given during the structuring of long-term debt instruments. 16. FINANCIAL CONDITIONS, RESERVES, AND STABILITY RATIOS 16.1.OPERATIONAL COVERAGE. (NO OPERATING DEFICITS). The City will maintain an operational coverage of 1.00, such that current operating revenues will at least equal or exceed current operating expenditures. Deferrals, short-term loans, or one-time sources will be avoided as budget balancing techniques. Reserves will be used only for emergencies or non-recurring expenditures, except when balances can be reduced because their levels exceed guideline minimums as stated in Section 17. 17. OPERATING RESERVES/FUND BALANCES 17.1.GENERAL FUND The unobligated fund balance in the General Fund should be at least 18% of the annual budgeted General Fund expenses. This percentage is the equivalent of approximately 65 days expenditures. An additional amount of up to 3.0% should be maintained for extraordinary items or contingencies. Cash and investments alone should be equivalent to 30 days of operating expenditures. 17.2.ENTERPRISE FUNDS The working capital (current assets less current liabilities) in the enterprise funds should be maintained at 18% of total operating expenses or the equivalent of approximately 65 days. Cash and Investments alone should be equivalent to 30 days of operations. In order to reduce rate, delivery and other service risks that may arise in the event of an emergency, each Enterprise Funds may establish a Risk Mitigation Fund to reduce the financial impact of the emergency. The goal of the fund is to reduce the impact of an emergency on the customer base. The amount maintained in the fund will vary by service based on replacement costs of both operational and capital expenses and should consider both historical experience as well as future replacement expenses. Page 145 of 288 17.3.HOTEL TAX FUND The Hotel Tax Fund balance should be at least 18% of the annual budgeted expenditures. Adequate reserves are essential due to the nature of this revenue source and the reliance organizations have on this revenue source to maintain ongoing operations. 17.4.INTERNAL SERVICE FUNDS The Internal Service Funds will attain and retain fund balance/working capital balances appropriate for the fund. 17.5.FLEET MAINTENANCE AND UTILITY CUSTOMER SERVICE Some funds such as Fleet Maintenance and Utility Customer Service need only a minimal working capital balance in order to meet the needs of the fund, therefore no stated minimum fund balance is required. 17.6.INSURANCE FUNDS Insurance funds where risk is retained by the City in a self-insurance mode, a reserve will be established based upon an actuarial determination. Such reserve will be used for no other purposes than for financing losses under the insurance program. 17.7.REPLACEMENT FUNDS The Replacement Funds will have a working capital balance that will provide resources to replace covered equipment when it is necessary to be replaced. The funds will be replenished based on anticipated life of equipment and adjusted based on changes in the costs the covered equipment. 17.8.LIABILITIES AND RECEIVABLES. Procedures will be followed to maximize discounts and reduce penalties offered by creditors. Current liabilities will be paid within 30 days of the invoice date or on receipt of the goods or services, whichever is later. Accounts Receivable procedures will target collection for a maximum of 30 days from service, with any receivables aging past 90 days to go to a collection agency. The Chief Financial Officer, or designee, is authorized to write-off uncollectible accounts that are delinquent for more than 365 days, if the proper delinquency procedures have been followed. 18. CAPITAL PROJECT AND DEBT SERVICE FUNDS. 18.1.CAPITAL PROJECTS FUNDS Monies in the capital projects funds will be used within 36 months of receipt. Balances will be used to generate interest income to offset increases in construction costs or other associated costs. Capital project funds are intended to be expended. 18.2.DEBT SERVICE FUND Revenues in the General Debt Service Fund are stable, based on property tax revenues and transfers from other funds. Remaining balances are maintained to meet contingencies and to make certain that the next year’s debt service payments may be met in a timely manner. The fund balance should not fall below 8.33% (one month) of average budgeted expenditures (in line with IRS guidelines). 19. INTERNAL CONTROLS 19.1.WRITTEN PROCEDURES. Page 146 of 288 Wherever possible, written procedures will be established and maintained by the Finance Department for all functions involving purchasing, cash handling and/or accounting throughout the City. These procedures will embrace the general concepts of fiscal responsibility set forth in this policy statement. Page 147 of 288 19.2.DEPARTMENT DIRECTORS’ RESPONSIBILITIES. Department Directors are the City Manager Designee for their department. The Finance Director also serves as the Chief Financial Officer’s designee. Each department Director is responsible for ensuring that good internal controls are followed throughout his or her Department, that all Fiscal Services Department directives or internal controls are implemented, and that all independent auditor internal control recommendations are addressed. Departments will develop and periodically update written internal control procedures. 19.3.INTERNAL REVIEWS/AUDITS. The Finance Department will complete a review/audit of any department or procedure as directed by the Chief Financial Officer. Audits of petty cash and cash receipts will be randomly scheduled and conducted on an annual basis. Page 148 of 288 March 25, 2021 Item No. 4.1. Budget Amendment #2 amending Ordinance No. 2020-4206 which will amend the budget for the 2020-2021 Fiscal Year in the amount of $1,264,249. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action on Budget Amendment 2 amending Ordinance No. 2020-4206 which will amend the budget for the 2020-2021 Fiscal Year in the amount of $1,264,249. Relationship to Strategic Goals: 1. Good Governance 2. Financial Sustainability 3. Core Services and Infrastructure Recommendation(s): Staff recommends the City Council approve Budget Amendment #2. Summary: The proposed budget amendment is to increase the FY21 budget appropriations by $1,264,249 primarily as a result of $822,000 of grant funds received under the Community Development Block Grant COVID-19 Relief Funds. A Police Hostage Negotiation Vehicle and replacement for a truck that caught on fire amount to an additional $242,000. The cost of the closure of Boyett Street and parkland dedication appropriations and amount to the remainder of the amendment. Attached is a summary with a complete description of the items included on the proposed budget amendment. The charter of the City of College Station provides for the City Council to amend the annual budget in the event there are revenues available to cover expenditures and after holding a public hearing on such budget amendment. This amendment also includes two Interfund transfers totaling $425,000 that have no overall budget impact. Budget & Financial Summary: The City has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The attached summary has the complete description of the items included on the proposed budget amendment and a description of the interfund transfers. If approved, the net revised budget appropriations will be $316,984,759. Reviewed & Approved by Legal: No Attachments: 1.FY21 BA#2 2.FY21 Budget Amendment _2 Ordinance Page 149 of 288 Exhibit A – FY21 Budget Amendment #2 Detail Listing 1.PD Hostage Negotiation Vehicle - $200,000 (Budget Amendment & Interfund Transfer) The Police Department currently has a Hostage Negotiation Trailer which must be joined to a vehicle for hostage negotiation situations. The trailer was scheduled for replacement in FY20 and encumbered into FY21. Rather than purchasing a new trailer the Police Department plans to purchase one self-contained Hostage Negotiation Vehicle (HNV). The cost of the combined HNV is $278,000. There is already $78,000 budgeted in the Fleet Replacement Fund for the trailer. This amendment is to authorize the additional $200,000 expense from the Fleet Replacement Fund. The funding will be made available by permanently removing a Command Vehicle and a Jail Transportation Van from the Fleet Replacement Fund. Sixty thousand dollars have been contributed to the Fleet Replacement Fund for the Command vehicle and $140,000 have been contributed for the Jail Transportation Van. 2.Boyett Street Closure -- $110,000 (Budget Amendment) Due to public safety concerns, Boyett Street will need to be closed every Friday and Saturday. This amendment will cover the cost of street closure with a steel barrier until the end of August with a contractor provided Area Wide Protective (AWP) equipment rental and labor costs. This cost will be recorded in the General Fund in the Community Services department will be covered by additional sales taxes received in the General Fund. The long- term solution will be the Boyett Street bollards and construction is scheduled to start Summer 2021 and will be operational in August 2021. Construction will be funded via existing budget savings in the Streets Capital Improvement Projects Fund. 3.Wastewater Truck Replacement Cost - $42,000 (Budget Amendment) This budget amendment item will allow the department to replace a vehicle lost in a fire. The department was previously scheduled to replace a similar vehicle. This replacement included a trade in credit of $42,000. However, due to the unexpected fire and vehicle loss, the department can no longer trade in the remaining vehicle. Therefore, this budget amendment will allow the department to purchase the replacement vehicle without the trade in credit. This item will be offset by additional Wastewater operating revenue. Any insurance proceeds received will go towards the vehicle replacement in FY21. 4.Community Development Block Grant-CV Funds -- $822,034 (Budget Amendment) College Station was allocated an additional $822,034 in CDBG-CV funds from HUD for economic assistance due to COVID-19. This was passed in Resolution No. 12-10-20-3.11. This amendment allows for the expenditure of those funds. 5.Parkland Dedication CIP - $71,040 (Budget Amendment) Parkland Dedication funds are appropriated as received and projects are identified. Since the creation of the FY21 Budget, an additional $71,040 has been received and projects are identified. This item will appropriate budget in Community Zone A. Page 150 of 288 Exhibit A – FY21 Budget Amendment #2 Detail Listing 6.Prior Year Copier Replacements - $19,175 (Budget Amendment) Three (3) copiers funded through the IT Replacement Fund were eligible for replacement in FY19 and FY20 and departments had sufficiently contributed into the fund to cover the cost of these copiers. However, the operating departments chose to postpone these purchases. This amendment is to authorize the release of funding to purchase these copiers in FY21. 7.Water/Wastewater Contingency CIP Transfer - $225,000 (Interfund Transfer) This item is a Contingency CIP Transfer request. As part of the Council-directed and approved James Parkway and Puryear Drive Rehabilitation project, Water Services recognized the need to rehabilitate a small portion of existing Water/Wastewater lines. However, these utility projects are currently unfunded. If approved, staff will coordinate the utility rehabilitation with the existing Streets project. The net effect of this Transfer request is zero. FY21 budget was previously approved on Water/Wastewater Contingency projects. This transfer will reduce the Contingency budget and increase it by the same amount on the new utility rehabilitation projects. Page 151 of 288 ORDINANCE NO. _________ AN ORDINANCE (BUDGET AMENDMENT #2) AMENDING ORDINANCE NO. 2020-4206 WHICH WILL AMEND THE BUDGET FOR THE 2020-2021 FISCAL YEAR AND AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED. WHEREAS, on August 27, 2020, the City Council of the City of College Station, Texas, adopted Ordinance No. 2020-4206 approving its Budget for the 2020-2021 Fiscal Year; and WHEREAS, on January 14, 2021, the City Council of the City of College Station, Texas, adopted Budget Amendment #1 amending the 2020-2021 Budget; and WHEREAS, this amendment was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the College Station City Charter, after notice of said hearing having been first duly given; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Ordinance No. 2020-4206 is hereby amended by amending the 2020-2021 Budget adopted thereto by a net amount of $1,264,249 as further detailed in the proposed 2020-2021 year end estimates incorporated herein for funds and purposes. PART 2: That this Budget Amendment #2 shall be attached to and made a part of the 2020-2021 Budget. PART 3:That except as amended hereby, Ordinance No, 2020-4206 shall remain in effect in accordance with its terms. PART 4:That this ordinance shall become effective immediately after passage and approval. PASSED and APPROVED this _________ day of __________________________2021 ATTEST: APPROVED: ____________________________________________________________ City Secretary Mayor APPROVED: _________________________ City Attorney Page 152 of 288 March 25, 2021 Item No. 4.2. Ordinance vacating and abandoning a 0.0740 acre portion of a 10-foot Public Utility Easement, said portion lying along the western property line of Lot 12, Block 10 of the Carter Lake Subdivision, Phase 5 according to the plat recorded in Volume 3250, Page 271, of the Deed Records of Brazos County, Texas Sponsor:Debbie Stickles Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action approving an ordinance vacating and abandoning a 0.0740 acre portion of a 10-foot Public Utility Easement, said portion lying along the western property line of Lot 12, Block 10 of the Carter Lake Subdivision, Section 5, according to the plat recorded in Volume 3250, Page 271, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services and Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The public utility easement abandonment is being requested by the applicant as to accommodate future development of the lot. This originally platted easement is no longer needed in this location as the lot line will be shifting with a pending tract replat. No utilities or thoroughfares require this portion of the easement. The 0.0740 acre public utility easement is located along the western property line of Lot 12, Block 10 of the Carter Lake Subdivision, Phase 5 according to the plat recorded in Volume 3250, Page 271, of the Deed Records of Brazos County, Texas. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Exhibit A 3.Vicinity Map 4.Location Map 5.Abandonment Application Page 153 of 288 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.0740 ACRE PORTION OF THE TEN-FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG LOT 12, BLOCK 10, OF THE CARTER LAKE SUBDIVISION, SECTION 5, ACCORDING TO THE PLAT RECORDED IN VOLUME 3250, PAGE 271 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the ten-foot width public utility easement, said portion lying along Lot 12, Block 10, of the Carter Lake Subdivision, Section 5, according to the plat recorded in Volume 3250, Page 271, of the Official Records of Brazos County, Texas, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement” and WHEREAS, in order for the portion of the easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easement. 3.There is no anticipated future public need or use for the Public Utility Easement. 4.Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easement as described in Exhibit “A” be abandoned and vacated by the City. Page 154 of 288 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 155 of 288 Page 156 of 288 Page 157 of 288 Page 158 of 288 Page 159 of 288 Page 160 of 288 Page 161 of 288 N/APage 162 of 288 Page 163 of 288 EXHIBIT NO. 1Page 164 of 288 EXHIBIT NO. 2Page 165 of 288 Page 7 of 8 3/18 Application for Abandonment of a Public Right-of-Way/Easement Location: 1715 Harris Lane EXHIBIT NO. 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the described portion thereof. ATMOS ENERGY By: Title: VERIZON TELEPHONE COMPANY By: Kevin Moseley Title: OSP Engineering SUDDENLINK COMMUNICATIONS By: Title: BRYAN TEXAS UTILITIES By: Title: Page 166 of 288 Application for Abandonment of a Public Right-of-Way / Easement Location: 1715 Harris Lane EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 167 of 288 March 25, 2021 Item No. 4.3. Ordinance vacating and abandoning a 0.138 acre portion of a 10-foot Public Utility Easement, said portion lying along the east property line of Common Area 1, of the Traditions Subdivision Phase 101 according to the plat recorded in Volume 13623, Page 53, of the Deed Records of Brazos County, Texas Sponsor:Anthony Armstrong Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action approving an ordinance vacating and abandoning a 0.138 acre portion of a 10-foot Public Utility Easement, said portion lying along the east property line of Common Area 1, Block 1 of the Traditions Subdivision, Phase 101, according to the plat recorded in Volume 13623, Page 53, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services and Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: The public utility easement abandonment is being requested by the applicant as a result of a desired change in the lot layout in this area. This originally platted easement is no longer needed in this location as the lot line will be shifted to better match the constructed detention pond in this area and provide more developable space to the adjacent property. The 0.138 acre public utility easement is located south of the current terminus of South Traditions Drive. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance Exhibit A 2.Vicinity Map 3.Location Map 4.Application 5.Ordinance Page 168 of 288 Page 169 of 288 Page 170 of 288 Page 171 of 288 Page 172 of 288 Page 173 of 288 Page 174 of 288 The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of College Station harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is a sealed metes and bounds description of the area sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-of-way/ easement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of- way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff to the abandonment. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) TO THE MAYOR AND CITY COUNCIL OF THE CITY OF COLLEGE STATION: Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: Name E-mail Street Address City State Zip Code Reason consent was not obtained: If objecting, points of objection: 3/18 Page 2 of 8 Page 175 of 288 Page 176 of 288 Page 177 of 288 Page 178 of 288 Page 179 of 288 Page 180 of 288 Page 181 of 288 Page 182 of 288 SOUTH TRADITIONS DRIVELOT 3 5.64 AC. BLOCK 2 LOT 1 3.42 AC. BLOCK 4 COMMON AREA 5 & PRIVATE DRAINAGE EASEMENT 3.07 AC. BLOCK 4 LOT 2 4.68 AC. BLOCK 4 LOT 1 4.51 AC. BLOCK 5 LOT 2 2.09 AC. BLOCK5 COMMON AREA 3 & PRIVATE DRAINAGE EASEMENT 3.30 AC. LOT 6 2.66 AC. BLOCK 1 LOT 4 10.04 AC. BLOCK 1 4.49 AC. LOT 3 4.71 AC. BLOCK 1 LOT 3 3.29 AC. BLOCK 5 LOT 2 4.43 AC. BLOCK 1 COMMON AREA 1 & PRIVATE DRAINAGE EASEMENT RAYMOND STOTZER PARKWAY TURKEY CREEK ROADHSC PA R K W A YSOUTH TRAD IT IONS DR IVE ZONED BC-R&D COMMON AREA 4 & PRIVATE DRAINAGE EASEMENT 1.10 AC. BLOCK 1 ZONED BC-M ZONED BC-M ZONED BC-M ZONED R ZONED R & CI ZONED BC-M ZONED BC-M ZONED BC-M CASHION DRIVE APOLLO DRIVEATLAS PEAR DRIVESOUTH TRADITIONS DRIVE F&B ROAD COMMON AREA 8 0.05 AC. BLOCK 5 ZONED R LOT 5 5.24 AC. BLOCK 1 ZONED BC-M ATLAS PEAR DRIVESOUTH TRADITIONS DRIVECASHION DRIVE ATLAS PEAR DRIVERAYMOND STOTZER PARKWAY TURKEY CREEK ROADHSC PA R K W A YSOUTH TRAD IT IONSDRIVE APOLLO DRIVESOUTH TRADITIONS DRIVE SHEET 2 SHEET 3 SHEET MAP SHEET 1 IS INDEX SHEET SCALE: 1"=500' CITY OF BRYAN CITY OF COLLEGE STATION ENGINEER: PRELIMINARY PLAN TRADITIONS SUBDIVISION PHASES 103 - 105 SAVE AND EXCEPT TRADITIONS SUBDIVISION PHASE 101 BLOCK 1, LOT 1, BLOCK 2, LOT 1 & PHASE 102 VOL./PG. 13145/53 & 15561/81 70.16 ACRES - 11 LOTS JOHN H JONES LEAGUE, A-26 BRYAN - COLLEGE STATION, BRAZOS COUNTY, TEXAS PRELIMINARY PLAN NOT FOR RECORD PHASE 101: 4.49 ACRES (4.49 ACRES COMMON AREA) PHASE 103: 37.14 ACRES - 6 LOTS (4.45 ACRES COMMON AREA) PHASE 104: 13.83 ACRES - 2 LOTS (3.07 ACRES COMMON AREA) PHASE 105: 14.70 ACRES - 3 LOTS SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: AS SHOWN FEBRUARY 2021 DEVELOPER: BRYAN TRADITIONS, LP 3891 S. TRADITIONS DRIVE BRYAN, TX 77807 (979) 704-6395 TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 OWNER: BIOCORRIDOR PROPERTY OWNERS ASSOCIATION, INC 3891 S. TRADITIONS DR. BRYAN, TEXAS 77807 (979) 704-6395 OWNER: TRADITIONS ACQUISITION PARTNERSHIP LP 3891 S. TRADITIONS DRIVE BRYAN, TEXAS 77807 (979) 704-6395 OWNER: BRYAN COMMERCE & DEVELOPMENT, INC P.O. BOX 1000 BRYAN, TEXAS 77805 (979) 209-5130 VICINITY MAP NOT TO SCALE RAYMOND STOTZER PARKWAY HSC PARKWAY SH 47TURKEY CREEK RD.S. TRADITIONS DR.ATLAS PEAR DR.Page 183 of 288 Page 184 of 288 Page 185 of 288 Sr. Supervisor Ops. - Construction 1/21.2021 Page 186 of 288 Page 187 of 288 OSP Engineering FRONTIER Page 188 of 288 Application for Abandonment of a Public Right-of-Way / Easement Location: Common Area 1, Block 1 -Traditions Subdivision, Ph101 EXHIBIT NO.4 The undersigned, City staff of the City of College Station, certify that they have carefully considered the Application for Abandonment of the public right-of-way/easement referred to above the standpoint of City of College Station ordinances and with respect to resent and future needs of the City of College Station and see no objection to the requested abandonment from the City’s standpoint. X City Engineer City of College Station X Building Official City of College Station X Zoning Official City of College Station X Fire Marshal City of College Station X Elecrtic Department City of College Station X Water Services Department City of College Station X Public Works Director City of College Station Page 189 of 288 Page 190 of 288 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 0.138 ACRE PORTION OF THE 10-FOOT WIDE PUBLIC UTILITY EASEMENT, SAID PORTION LYING ALONG THE EAST PROPERTY LINE OF COMMON AREA 1, BLOCK 1, OF THE TRADITIONS SUBDIVISION, PHASE 101, ACCORDING TO THE PLAT RECORDED IN VOLUME 13623, PAGE 53 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a portion of the 10-foot wide Public Utility Easement, said portion lying along the east property line of Common Area 1, Block 1, of the Traditions Subdivision, Phase 101, according to the plat recorded in Volume 13623, Page 53, of the Official Records of Brazos County, Texas, as described in Exhibit “A”, attached hereto (such portion hereinafter referred to as the “Public Utility Easement”); and WHEREAS, in order for the Public Utility Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Public Utility Easement described in Exhibit “A” attached hereto and made a part of this ordinance for all purposes. 1.Abandonment of the Public Utility Easement will not result in property that does not have access to public roadways or utilities. 2.There is no public need or use for the Public Utility Easement. 3.There is no anticipated future public need or use for the Public Utility Easement. 4.Abandonment of the Public Utility Easement will not impact access for all public utilities to serve current and future customers. PART 2:That the Public Utility Easement as described in Exhibit “A” be abandoned and vacated by the City. Page 191 of 288 ORDINANCE NO. ____________Page 2 of 2 Ordinance Form 8-14-17 PASSED, ADOPTED and APPROVED this _______ day of _________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 192 of 288 March 25, 2021 Item No. 4.4. Ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural to E Estate and NAP Natural Areas Protected on approximately 57 acres of land located at 9500 Rock Prairie Road. Sponsor:Rachel Lazo Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to E Estate and NAP Natural Areas Protected on approximately 57 acres of land located at 9500 Rock Prairie Road. Relationship to Strategic Goals: Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their March 4, 2021 regular meeting where they unanimously voted to recommend approval with the following condition: The development of Williams Creek Reserve located on 57 acres on Rock Prairie Road will be limited by the existing McCullough-McCollough Unit 1 oil and gas well located on the property. No residential lots will be located within 300’ of the wellhead per International Fire Code requirements or within the Acceptable Separation Distance for Thermal Radiation for People (ASDPNPD) of 483 feet from the 73’’ x 20’ Heater Treater located at the wellsite. This distance was calculated using the Acceptable Separation Distance Assessment Tool provided by the U.S Department of Housing and Urban Development. Staff also recommends approval of the rezoning. Summary: This request is to rezone approximately 57 acres of land located east of the intersection at Rock Prairie Road and William D. Fitch. The subject property currently has an operating oil and gas well on site and is a planned expansion of the existing Williams Creek Reserve Subdivision. The condition proposed will ensure any future residential development will provide adequate spacing from the wellsite. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject property is designated as Estate and Natural Areas Reserved on the Comprehensive Plan Future Land Use and Character Map. The Estate designation is generally for areas that, due to Page 193 of 288 public service limitations or prevailing rural character, should have limited development activities. These areas will tend to consist of low-density single-family residential lots of at least one acre in size or lots that average 20,000 square feet clustered around open space. Natural Areas Reserved is intended for areas that should be preserved for their natural function, such as floodplain and riparian buffers. This request is consistent with the Comprehensive Plan. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The proposed Estate zoning allows for large-lot single family residential uses. Given the property’s adjacency to the existing Williams Creek Reserve Subdivision and rural residential lots to the east, the proposed use would be easily incorporated with the existing developments. The proposed Natural Areas Protected zoning is anticipated to protect the FEMA floodplain from excessive development and maintain its natural state. While this area is currently zoned R Rural, the proposed zoning districts comply with the anticipated future land uses along this corridor as outlined in the Comprehensive Plan. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The property has over 1,300 feet of frontage and takes access to Rock Prairie Road, which is a future 4-lane Major Arterial. The proposed Estate zoning is suitable for the future subdivision of land for acreage homesites and would have adequate access and utility availability. The northern portion of the subject property contains FEMA-designated 100-year floodplain and is proposed to be protected from development by being zoned NAP Natural Areas Protected. Additionally, the condition proposed with the rezoning request will provide a minimum separation from the existing oil wellsite that is required to safely develop additional residential lots. The subject property is physically suitable for the proposed zoning districts. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Fire flow and domestic water service will generally be served by Wellborn SUD; however, there is a small portion of the property along Rock Prairie Road within the City of College Station’s Water CCN that will require the extension of City service lines. Currently, there are no sanitary sewer lines in the area available to serve the property. Individual lots may use On-Site Sewage Facilities (OSSFs) permitted by the Brazos County Health Department. With site development, the property will need to be designed to accommodate future public sanitary sewer service. The subject property generally drains to the northeast within the Carter’s Creek drainage basin and contains FEMA Special Flood Hazard Area (SFHA). Drainage improvements and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject property has frontage along Rock Prairie Road, which is designated on the Thoroughfare Plan as a proposed 4-lane Major Arterial. A Traffic Impact Analysis (TIA) was not required as part of the rezoning request. 5. The marketability of the property: The applicant states that the marketability of the tract is limited with the existing R Rural zoning as a Page 194 of 288 low number of lots could be created that do not support the cost of the required infrastructure. Should the rezoning request be approved, it is anticipated to increase the marketability of the property. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, & Small Area Map 4.Applicant's Supporting Information 5.Rezoning Exhibit Page 195 of 288 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 FROM R RURAL TO E ESTATE AND NAP NATURAL AREAS PROTECTED ON APPROXIMATELY 57 ACRES OF LAND LOCATED AT 9500 ROCK PRAIRIE ROAD AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 196 of 288 ORDINANCE NO. ____________Page 2 of 6 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 25th day of March, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 197 of 288 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 R Rural to E Estate and NAP Natural Areas Protected: Page 198 of 288 ORDINANCE NO. ____________Page 4 of 6 Ordinance Form 08-27-19 Page 199 of 288 ORDINANCE NO. ____________Page 5 of 6 Ordinance Form 08-27-19 Page 200 of 288 ORDINANCE NO. ____________Page 6 of 6 Ordinance Form 08-27-19 Exhibit B Page 201 of 288 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: March 4, 2021 Advertised Council Hearing Date: March 11, 2021 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 16 Contacts in support: None at the time of this report Contacts in opposition:None at the time of this report Inquiry contacts:Three at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Natural Areas - Reserved N/A - ETJ Floodplain South 4-Lane Major Arterial 4-Lane Major Arterial Rock Prairie Road East Estate R Rural Rural Residential West Estate E Estate Single-Family Residential DEVELOPMENT HISTORY Annexation: October 1983 (frontage) November 2002 (remainder) Zoning: A-O Agricultural Open upon annexation (1983) A-O Agricultural Open renamed R Rural (2013) Final Plat:Unplatted Site development:Oil well Page 202 of 288 Page 203 of 288 Page 204 of 288 Page 205 of 288 Name of Project:WILLIAMS CREEK RESERVE REZONING Address:9500 ROCK PRAIRIE RD Legal Description:A020201, S W ROBERTSON (ICL), TRACT 2, 59.9861 ACRES, & A009000 N CLAMPITT, Undivided Interest 50.0000000000% Total Acreage:56.952 Applicant:: Property Owner:SNOWDEN ALLISON KAY ETAL SCHULTZ ENGINEERING LLC List the changed or changing conditions in the area or in the City which make this zone change necessary. The demand for single family residential lots remains high creating the need for additional subdivisions. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. The zoning change is in accordance with the comprehensive plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The current zoning district is for large rural residential lots which is suitable for this property, however, under that scenario the property would be under utilized and would not be used for its highest and best use. The proposed zoning will allow for a continuation of the adjacent Williams Creek Development. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 206 of 288 Explain the suitability of the property for uses permitted by the rezoning district requested. The water infrastructure is in place to support the requested zoning and the land characteristics such as vegetation and topography are suitable for the requested zoning. Explain the suitability of the property for uses permitted by the current zoning district. The water infrastructure is in place to support the requested zoning and the land characteristics such as vegetation and topography are suitable for the requested zoning. Explain the marketability of the property for uses permitted by the current zoning district. The minimum lot size for the current zoning district will result in a low number of lots and not support the cost for the infrastructure required for development therefore limiting the marketability of the land. List any other reasons to support this zone change. The developer also developed Williams Creek and Williams Creek Lake Estates Subdivision and expects this development to be of similar quality. Page 2 of 2 Page 207 of 288 WILLIAMS CREEK SUBDIVISION PHASE 6 CAMPBELL C O U R T ROCK PRAIRIE ROADTBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER: ZONING EXHIBIT WILLIAMS CREEK RESERVE 56.952 ACRES COLLEGE STATION, BRAZOS COUNTY, TEXAS SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: 1"=150' JANUARY 2021 OWNER/DEVELOPER: Williams Creek Reserve, LLC P.O. Box 800 Coleman TX, 76834 (979) 229-0310 Existing Zoning: Rural-R Proposed Zoning: Natural Areas Protected-NAP Existing Zoning: Rural-R Proposed Zoning: Estate-E 47.239 AC.9.713 AC. GENERAL NOTES 1.COORDINATES AND BEARING SYSTEM SHOWN HEREON ARE NAD83 (TEXAS STATE PLANE CENTRAL ZONE GRID NORTH) BASED ON THE PUBLISHED COORDINATES OF THE CITY OF COLLEGE STATION CONTROL MONUMENT CS94-257 (Y:10194481.85, X:3593170.56) AND AS ESTABLISHED BY GPS OBSERVATION. 2.DISTANCES SHOWN HEREON ARE GRID DISTANCES UNLESS OTHERWISE NOTED. AREAS SHOWN AS "MEASURED" HEREON ARE CALCULATED FROM GRID DISTANCES. TO OBTAIN SURFACE DISTANCES (NOT SURFACE AREAS) MULTIPLY BY A COMBINED SCALE FACTOR OF 1.00009641738449 (CALCULATED USING GEOID12B). 3.(CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. 4.A PORTION OF THIS TRACT IS WITHIN THE 100 YEAR FLOODPLAIN ACCORDING TO THE F.E.M.A. FLOOD INSURANCE RATE MAP FOR BRAZOS COUNTY AND INCORPORATED AREAS, MAP NO. 48041C0150E, EFFECTIVE DATE: MAY 16, 2012 5.THIS ZONING MAP REFLECTS THE TITLE COMMITMENT PREPARED BY SOUTH LAND TITLE, LLC, GF NO. BC2009804, EFFECTIVE DATE: 10-06-2020. ITEMS LISTED ON SCHEDULE B ARE ADDRESSED AS FOLLOWS: -10c: BLANKET ELECTRICAL EASEMENT TO CITY OF BRYAN, 98/83 (D.R.B.C.T.), DOES APPLY TO THIS TRACT. -10d: EASEMENT TO PRODUCERS GAS CO., 411/104 (D.R.B.C.T.), DOES NOT CROSS THIS TRACT. -10e: EASEMENT TO PRODUCERS GAS CO., 411/108 (D.R.B.C.T.), DOES NOT CROSS THIS TRACT. -10f: EASEMENT TO PRODUCERS GAS CO., 1007/37 (O.R.B.C.T.), DOES NOT CROSS THIS TRACT. -10g: PIPELINE EASEMENT, 1723/58 (O.R.B.C.T.), DOES APPLY TO THIS TRACT. APPROXIMATE LOCATION SHOWN HEREON. -10h: PIPELINE EASEMENT, 1940/315 (O.R.B.C.T.), DOES NOT CROSS THIS TRACT. -10i: PIPELINE EASEMENT, 2394/256 (O.R.B.C.T.), DOES APPLY TO THIS TRACT. APPROXIMATE LOCATION SHOWN HEREON. -ALL OTHER ITEMS ARE NOT SURVEY ITEMS AND/OR ARE NOT ADDRESSED BY THIS PLAT. LEGEND LEGEND Page 208 of 288 March 25, 2021 Item No. 4.5. Ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from R Rural and CI Commercial Industrial to BP Business Park on approximately 10 acres of land located at 4520 Raymond Stotzer Parkway. Sponsor:Rachel Lazo Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural and CI Commercial Industrial to BP Business Park on approximately 10 acres of land located at 4520 Raymond Stotzer Parkway. Relationship to Strategic Goals: Diverse Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their March 4, 2021 regular meeting where they unanimously voted to recommend approval. Staff recommends approval of the rezoning. Summary: The applicant is requesting to rezone the subject property from R Rural and CI Commercial Industrial to BP Business Park. The property is on the periphery of the BioCorridor. This request is the first step towards developing the subject tract and the adjacent parcel to the north as part of a planned campus development. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject lot is designated Business Park on the Comprehensive Plan Future Land Use and Character Map and is also located in the Presidential Corridor Gateway District. The Comprehensive Plan describes Business Park as areas that include office, research and development, or industrial uses planned and developed as a unified project. This area was identified in the Comprehensive Plan as one that should focus on accommodating businesses including research and development, office, and light industrial. These uses should build on the assets existing in the area while protecting and enhancing this primary gateway into the City. In addition, the City’s Economic Development Master Plan’s goal for this area is to provide adequate opportunities to respond to market opportunities as it relates to supporting and stimulating biotechnology research and advanced manufacturing. The proposed zoning district is consistent with the existing uses in the nearby area, such as Fujifilm and Viasat. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: Page 209 of 288 The property has over 1,000 feet of frontage and takes access to Raymond Stotzer Parkway, which is an existing Freeway/Expressway. The subject area is directly adjacent to the BioCorridor, which allows for various office, research and development, and industrial uses. The rezoning request is in anticipation of a planned campus development on the adjacent property to the north. The proposed zoning district will further the Comprehensive Plan’s goal for unified development and provide additional opportunities to support primary job creation. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The site meets the minimum dimensional standards for the Business Park zoning district and is planned to be part of a larger campus development. The size and location of the subject property is suitable for business park uses. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: There is an existing Wellborn water line along Raymond Stotzer Frontage Road. There is a City of College Station Water Master Plan line along the north of the subject property that will be extended with platting. The sanitary service for this property will be provided by the City of Bryan and is located along the north property line. Drainage and other public infrastructure required with site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. Existing infrastructure appears to be adequate for the proposed use at this time. 5. The marketability of the property: The tract is currently marketable with its current zoning, but the present uses, rural residential and group housing, are not appropriate for its location. Rezoning the property will increase its marketability. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, & Small Area Map 4.Applicant's Supporting Information 5.Rezoning Exhibit Page 210 of 288 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 FROM R RURAL AND CI COMMERCIAL INDUSTRIAL TO BP BUSINESS PARK ON APPROXIMATELY 10 ACRES OF LAND LOCATED AT 4520 RAYMOND STOTZER PARKWAY AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 211 of 288 ORDINANCE NO. ____________Page 2 of 5 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 25th day of March, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 212 of 288 ORDINANCE NO. ____________Page 3 of 5 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural and CI Commercial Industrial to BP Business Park: Page 213 of 288 ORDINANCE NO. ____________Page 4 of 5 Ordinance Form 08-27-19 Page 214 of 288 ORDINANCE NO. ____________Page 5 of 5 Ordinance Form 08-27-19 Exhibit B Page 215 of 288 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: March 4, 2021 Advertised Council Hearing Date: March 25, 2021 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 9 Contacts in support: None at the time of this report Contacts in opposition:None at the time of this report Inquiry contacts:None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Business Park PDD Planned Development District BioCorridor South Freeway/Expressway Freeway/Expressway Raymond Stotzer Parkway East Business Park R Rural Single-Family Residential West Business Park R Rural Single-Family Residential DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agricultural Open upon Annexation (1995) C-2 Commercial Industrial (1997) C-2 Commercial Industrial renamed CI Commercial Industrial (2012) A-O Agricultural Open renamed R Rural (2013) Final Plat:Unplatted Site development:Single Family and Fraternity House Page 216 of 288 Page 217 of 288 Page 218 of 288 Page 219 of 288 Name of Project:TRADITIONS REZONING Address:4520 RAYMOND STOTZER PKWY Legal Description:A002601, JOHN H JONES (ICL), TRACT 23 CS, 4.29 ACRES Total Acreage:9.958 Applicant:: Property Owner:TRADITIONS ACQUISITION PARTNER SCHULTZ ENGINEERING LLC List the changed or changing conditions in the area or in the City which make this zone change necessary. Development Activity in the Bio-Corridor will require development of this property. 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 zone change is in accordance with the comprehensive plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The rural zone does not allow for any uses in the Business Park zone. Explain the suitability of the property for uses permitted by the rezoning district requested. The property has access to sanitary sewer, water, and other utilities can easily be extended to the property so it is suitable for use. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 220 of 288 Explain the suitability of the property for uses permitted by the current zoning district. The property has access to sanitary sewer, water, and other utilities can easily be extended to the property so it is suitable for use. Explain the marketability of the property for uses permitted by the current zoning district. There is no marketability for large rural residential lots in this location. List any other reasons to support this zone change. Development in the Bio-Corridor Page 2 of 2 Page 221 of 288 RAYMOND STOTZER PARKWAY TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER: ZONING MAP TRADITIONS REZONING 9.958 ACRES J.H. JONES SURVEY , A-26 COLLEGE STATION, BRAZOS COUNTY, TEXAS SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: AS SHOWN JANUARY, 2021 OWNER: BRYAN COMMERCE & DEVELOPMENT, INC P.O. BOX 1000 BRYAN, TEXAS 77805 (979) 209-5130 OWNER: TRADITIONS ACQUISITION PARTNERSHIP LP 3891 S. TRADITIONS DRIVE BRYAN, TEXAS 77807 (979)704-6395 1.892 AC COMMERCIAL INDUSTRIAL - CI EXISTING ZONING 9.958 AC RURAL - R AND COMMERCIAL INDUSTRIAL - CI PROPOSED ZONING 9.958 AC BUSINESS PARK - BP 3.237 AC RURAL - R 4.829 AC RURAL - R LEGEND VICINITY MAP NOT TO SCALE HARV EY M I T CH E L L PA RKWAY RAY M O N D S T O T Z E R P A R K W A YTURKEY CREEK ROAD S O U T H T R A I T I O N S D R I V E HSC PARKWAY Page 222 of 288 March 25, 2021 Item No. 4.6. Ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from M-2 Heavy Industrial to CI Commercial Industrial on approximately 2.6 acres of land located at 777 Graham Road. Sponsor:Rachel Lazo Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance,” Article 4, “Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from M-2 Heavy Industrial to CI Commercial Industrial on approximately 2.6 acres of land located at 777 Graham Road. Relationship to Strategic Goals: Diverse Growing Economy Recommendation(s): At the time of writing of this report, the Planning & Zoning Commission had not met to hear this item. This item was postponed to a later meeting due to the February 18, 2021 Planning & Zoning Commission meeting being cancelled due to weather. The Planning & Zoning Commission will hear this item at their March 18, 2021 regular meeting. Staff also recommends approval of the rezoning. Summary: This request is to rezone approximately 2.6 acres of land located near the intersection of Graham Road and Victoria Avenue from M-2 Heavy Industrial to CI Commercial Industrial. The subject property was platted and site planned in 2019 for a business park development. This request is in effort to provide a similar product while offering a wider spectrum of uses. REZONING REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject property is designated as Business Park on the Comprehensive Plan Future Land Use and Character Map. The Business Park land use designation is intended for areas that include office, research, or industrial uses planned as a unified project. The property is currently zoned M-2 Heavy Industrial, which is a retired zoning district that allows manufacturing and industrial activities that generate great amounts of nuisances generally not compatible with residential uses or lower intensity commercial uses. The proposed zoning is designed for uses that primarily serve other commercial and industrial enterprises. CI Commercial Industrial permits uses similar to those allowed in the M-2 zoning district, with the addition of some commercial uses, allowing the property to be developed consistent with the Comprehensive Plan. Page 223 of 288 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: The proposed zoning allows for industrial and commercial uses, which is compatible with the development on adjacent properties. Given the property’s close proximity to multiple existing industrial uses and a commercial office, the planned business park and any additional commercial uses would be easily incorporated with the existing developments. While this area was zoned M-2 Heavy Industrial about 30 years ago, it has developed with uses less intense than allowed by zoning. The CI Commercial Industrial zoning will increase the amount of commercial uses permitted on the property, which would be comparable with existing adjacent uses and allow it to be more compatible with the residential uses in the area. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: The property has over 270 feet of frontage and takes access to Graham Road, which is an existing Major Collector. The major collector can support the land uses that the proposed zoning would allow. The subject property is not in the FEMA floodplain. The subject property is physically suitable for the proposed zoning district. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Water, sanitary sewer, and fire flow will be served by College Station Utilities. There are existing water and sanitary sewer lines adjacent to the property. There is sufficient capacity for the proposed uses. The subject property is in the Lick Creek drainage basin and drains towards the north. The property is not encumbered by FEMA Special Flood Hazard Area (SFHA). Detention will be required with site development. 5. The marketability of the property: The property can be marketed under the current zoning which allows for intense industrial uses. However, the applicant is proposing to incorporate additional commercial uses. This is anticipated to increase the marketability of the property. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Map, Aerial, and Small Area Map 4.Applicant's Supporting Information 5.Rezoning Exhibit Page 224 of 288 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 FROM M-2 HEAVY INDUSTRIAL TO CI COMMERCIAL INDUSTRIAL ON APPROXIMATELY 2.6 ACRES OF LAND LOCATED AT 777 GRAHAM ROAD AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 225 of 288 ORDINANCE NO. ____________Page 2 of 4 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 25th day of March, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 226 of 288 ORDINANCE NO. ____________Page 3 of 4 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from M-2 Heavy Industrial to CI Commercial Industrial: Page 227 of 288 ORDINANCE NO. ____________Page 4 of 4 Ordinance Form 08-27-19 Exhibit B Page 228 of 288 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: February 18, 2021 Advertised Council Hearing Date: March 11, 2021 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: 13 Contacts in support: None at the time of this report Contacts in opposition:None at the time of this report Inquiry contacts:One at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Business Park M-1 Light Industrial Vacant South 2-Lane Major Collector 2-Lane Major Collector Graham Road East Business Park M-2 Heavy Industrial Industrial/Manufacturing West Business Park M-2 Heavy Industrial Office DEVELOPMENT HISTORY Annexation: March 1992 Zoning: Property zoned A-O Agricultural Open upon Annexation 1993 – M-2 Heavy Industrial Final Plat:2019 Site development:Site Planned in 2019 for business park offices, but site is vacant. Page 229 of 288 Page 230 of 288 Page 231 of 288 Page 232 of 288 Name of Project:777 BUSINESS PARK REZONING Address: Legal Description:GRAHAM ROAD INDUSTRIAL PARK PH 2, BLOCK 1, LOT 1R-1 Total Acreage:2.58 Applicant:: Property Owner:777 GRAHAM ROAD LLC SCHULTZ ENGINEERING LLC List the changed or changing conditions in the area or in the City which make this zone change necessary. The demand for commercial industrial developments remains high, updating the retired M-2 Heavy Industrial zoning to CI Commercial Industrial will meet the demands for a more variety of uses. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. The zoning change is in accordance with the comprehensive plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The current zoning district is M-2 Industrial which is suitable for this property, however this retired district would be under utilized and would not be used for its highest and best use. Explain the suitability of the property for uses permitted by the rezoning district requested. The utility infrastructure is in place to support the requested zoning and the land characteristics such as vegetation and topography are suitable for the requested zoning. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 233 of 288 Explain the suitability of the property for uses permitted by the current zoning district. The utility infrastructure is in place to support the requested zoning and the land characteristics such as vegetation and topography are suitable for the requested zoning. Explain the marketability of the property for uses permitted by the current zoning district. The limited uses allowed in the current zoning district will result in a low number of users for the development and would not support the development, limiting the marketability of the land. List any other reasons to support this zone change. The zoning request will update this property to a current zoning district from a retired zoning district that fits well with the surrounding properties. Page 2 of 2 Page 234 of 288 GRAHAM ROAD BLOCK 1 LOT 1R-1 Existing Zoning: Heavy Industrial - M2 Proposed Zoning: Commercial Industrial - CI 2.58 AC. TBPE NO. 12327 911 SOUTHWEST PKWY E. College Station, Texas 77840 www (979) 764-3900 ENGINEER: ZONING MAP GRAHAM ROAD INDUSTRIAL PARK II 2.58 ACRES BLOCK 1, LOT 1R-1 COLLEGE STATION, BRAZOS COUNTY, TEXAS ROBERT STEVENSON LEAGUE, A-54 SURVEYOR: Brad Kerr, RPLS No. 4502 Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 (979) 268-3195 SCALE: 1"=30' DECEMBER 2020 OWNER/DEVELOPER: 777 GRAHAM ROAD LLC 727 Graham Road College Station, TX 77845 (979) 399-7700 VICINITY MAP NOT TO SCALE GRAHAM ROADWE S T F I E L D D R I V E LEGEND Page 235 of 288 March 25, 2021 Item No. 4.7. James Pkwy & Puryear Dr. Rehabilitation Design Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a professional services contract with Binkley & Barfield in the amount of $646,642.50 for the Design of James Parkway and Puryear Drive Rehabilitation and Design of Mabel Clare Thomas Park Improvements and resolution declaring intention to reimburse certain expenditures with proceeds from debt. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval. Summary: This project includes the rehabilitation of James Parkway and Puryear Drive from Francis Dr. south to Kyle Street. It includes design of concrete curb and gutter streets while protecting the existing trees in the area. Utility infrastructure will be replaced where necessary within the project limits. Drainage improvements are included along the streets and throughout the park. A phased park improvement plan for the south side of Thomas Park will also be part of this design contract with assistance from landscape architects, an arborist and public engagement consultants. The "Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt" is necessary for this item because the long term debt that is projected to be issued for this project has not yet been issued. The debt for this project is scheduled to be issued later this fiscal year. Budget & Financial Summary: A combined budget in the amount of $1,366,000 is currently appropriated in the Streets and Parks Capital Improvement Projects Funds. A combined total of $137,307 has been expended or committed to date, leaving a combined balance of $1,228,693 for this contract and related expenditures. Reviewed & Approved by Legal: No Attachments: 1.James Puryear Scope and Fee 3.5.21 2.ST2003 DRR Page 236 of 288 Binkley & Barfield, Inc. | Registration No. F-257 • 1701 Southwest Parkway, Suite 111 - College Station, Texas 77845 • Tel: 979.703.1809 • www.BinkleyBarfield.com March 1, 2021 Revised March 5, 2021 Ms. Susan Monnat, PE Project Manager - City of College Station 300 Krenek Tap Road College Station, TX 77840 RE: Proposal for Professional Services – James Parkway and Puryear Drive Rehabilitation Project Dear Susan: Binkley & Barfield, Inc. (BBI) is pleased to submit this proposal to The City of College Station (City) for professional services in connection with the James Parkway and Puryear Drive Rehabilitation Project. We are excited that you have selected us for this assignment! It is our understanding the project scope includes rehabilitating James Parkway and Puryear Drive from Francis Drive to Kyle Avenue (approx. 3,250 LF) and conceptual park design for Thomas Park and generally includes topographic surveying, geotechnical engineering, tree services, landscape architecture, public engagement, project management, engineering design, traffic engineering, ADA registration/plan review/site inspection, construction materials testing, and bidding and construction phase services. A. Services to be provided by BBI: BBI will provide project management, engineering design, traffic engineering, public engagement, and bidding and construction phase services. Project Management BBI will provide project management services including arranging and attending meetings, production management, sub consultant management, monthly project invoicing, and QA/QC efforts for the project. Engineering Design BBI will prepare engineering design plans for the James Parkway and Puryear Drive rehabilitation project (from Francis Drive to Kyle Avenue). The plans will be prepared in accordance with the City of College Station B/CS Unified Standard Specifications. BBI will attend the project kickoff meeting and prepare meeting minutes. The design plans will include the following tasks and deliverables: 1. General plan sheets including the Title Sheet, Project Layout/Alignment Data Sheets, General Construction Notes, and Quantity Summary Sheets. (9 sheets total) Page 237 of 288 Ms. Susan Monnat, PE March 1, 2021 Revised March 5, 2021 Page 2 2. Two-phase traffic control plan including Phase Overviews, Phase Detour Layouts, and Phase TCP Layouts. (14 sheets total) 3. Removal layouts including identification of existing features to be removed. (4 sheets total) 4. Roadway design including Existing and Proposed Typical Section Sheets, Roadway Plan and Profile sheets, & Intersection Layouts. (15 sheets total) 5. Roadway Contour Layouts (4 sheets total) 6. Shared Use Path Layouts (4 sheets total) 7. Storm Sewer Plan and Profile sheets, Lateral Profiles, Drainage Area Maps, and Hydrologic and Hydraulic Calculations. (13 sheets total) 8. Culvert Layouts, Drainage Area Maps, and Hydrologic and Hydraulic Calculations. (3 sheets total) 9. Waterline Plan and Profile Sheets (1,100 LF) including Lateral Layouts (4 sheets total) 10. Sanitary Sewer Plan and Profile Sheets (450 LF) including Laterals Layouts (2 sheets total) 11. Signing and Striping Layouts including proposed pavement and intersection tie-ins. (4 sheets total) 12. Storm Water Pollution Prevention Sheets (4 sheets total) 13. Tree Data Sheets (To include tree inventory summary, trees identified for removal and structural/critical root zone determination). (4 sheets total) 14. Miscellaneous detail sheets (To include driveway, roadway, and culvert end treatments) (4 sheets total) 15. Design standards (to include TCP, Roadway, Drainage, Utilities, Traffic, SW3P, and Tree Protection). (42 sheets total) 16. Opinion of probable construction costs (to be submitted with 30%, 60%, and 90% submittals). BBI will submit design plans for City review at 30%, 60% and 90% completion and will attend meetings with City staff to discuss any comments. Final deliverables will include all electronic Microstation DGN and Adobe PDF project files. Page 238 of 288 Ms. Susan Monnat, PE March 1, 2021 Revised March 5, 2021 Page 3 Conceptual Park Design – Civil Binkley & Barfield will support Design Workshop (DW) in the development of three Master Plan concepts and provide input on pedestrian improvements and stormwater management/detention. After a preferred Master Plan concept is selected, Binkley & Barfield will review the Master Plan and suggest revisions to conceptual grading, pedestrian improvements, and drainage plans and suggest locations for onsite detention if required, including the provision of related drainage calculations. Scheduled meetings will include up to six (6) meetings with the City of College Station and / or project team. Meeting minutes for the civil engineering elements will be prepared to summarize key discussion issues. Traffic Engineering Pending the conceptual parks design results and public engagement efforts, traffic data collection and analysis services may be provided, at the City’s discretion, to explore and support design recommendations. The specific traffic engineering scope will be better defined, pending the conceptual design findings, but a preliminary budget is included in the scope of services should the City desire to include traffic services within the design scope. Public Engagement BBI will assist in the preparation for and attendance of up to three (3) public meetings in support of CD&P’s public engagement efforts as summarized in Attachment F. Bidding and Construction Phase Services BBI will assist the City during the bidding and construction process by attending the pre-bid meeting and providing engineering support services during construction to include attending the preconstruction meeting, shop drawing review, and resolution of contractor’s requests for information (RFI’s), if required. A total of 26 site visits/progress meetings (bi-weekly construction meetings for 12 months + two site visits) are included in this scope and will be provided as requested by the City for review of the contractor’s general conformance with the construction documents. BBI will also prepare record drawings (based on the contractor’s redlines) and provide them in Microstation DGN and Adobe PDF formats. B. Services to be provided by Joe Orr (JO): JO will provide topographic surveying services per Attachment A: Joe Orr Proposal for Surveying Services dated February 18, 2021. C. Services to be provided by Terracon Consultants, Inc (TCI): TCI will provide geotechnical engineering and construction materials testing services per Attachment B: Terracon Consultants, Inc. Proposal for Geotechnical Engineering Services dated Page 239 of 288 Ms. Susan Monnat, PE March 1, 2021 Revised March 5, 2021 Page 4 February 19, 2021 and Attachment C: Terracon Consultants, Inc. Proposal for Construction Materials Testing Services dated February 18, 2021. D. Services to be provided by Plant People, LLC (PPL): PPL will provide tree services per Attachment D: Plant People, LLC, Proposal for Tree Services dated February 25, 2021. E. Services to be provided by Design Workshop (DW): DW will provide landscape architecture and public engagement services per Attachment E: Design Workshop Proposal for Professional Services dated March 5, 2021. F. Services to be provided by CD&P: CD&P will provide public engagement services per Attachment F: CD&P Proposal for Public Engagement Services dated March 4, 2021. G. Services to be provided by Eddie Hare Accessibility Specialists (EHAS): EHAS will provide ADA registration, plan review, and site inspection services per Attachment G: Eddie Hare Accessibility Specialist Standard Services and Fees. H. To Be Provided by the City: • The City will facilitate the provision of existing data (including copies of plats, utility plans, property boundary data, as-built plans, traffic studies, HEC RAS and HEC HMS drainage models, etc.) and any other available project related documentation, which would assist in the completion of the project. • The City will review the 30%, 60%, and 90% plan submittals and will provide comments to BBI as part of the City’s internal review process. BBI will respond to the City comments as part of the review process. • The City will be primarily responsible for coordinating with private utility providers with support from BBI staff. • The City will provide the street lighting design for inclusion in the construction drawings. • The City will advertise and bid the project per the City’s current procurement process. • The City will provide construction inspection services. • The City will issue public meeting press releases and notices. Page 240 of 288 Ms. Susan Monnat, PE March 1, 2021 Revised March 5, 2021 Page 5 I. Schedule: Upon receiving the Notice to Proceed (NTP) from the City of College Station, BBI will provide 30% conceptual design plans, including the Parks Conceptual designs, for review within 120 calendar days (50 calendar days for data collection and 70 calendar days for conceptual design), 60% design plans, including the final Parks Master Plan, within 60 calendar days, 90% design plans within 45 calendar days, and 100% plans within 45 calendar days. The project will have an overall schedule of 315 calendar days, including City review and internal QA/QC. J. Assumptions: • A Preliminary Engineering Report is not required for this assignment. • Overhead utility poles and guy wires will not require adjustment. • The following services are not included in the scope of services: o Electrical and fiber optic duct bank design o Storm Water Quality Management Plan o Cathodic Protection o Private Utility Design o Environmental services • The existing culverts under Francis Drive and Kyle Avenue will not require replacement. However, the culvert end treatments may be replaced to accommodate the bicycle and pedestrian design. • The City will provide existing HEC HMS and HEC RAS models and Binkley & Barfield will update the models to reflect the proposed conditions, ensure there are no adverse impacts, and provide a summary memo stating the analysis results. It is assumed approval from the City’s floodplain administrator will be sufficient and FEMA coordination and approval will not be required. K. Reimbursable Expenses: Reimbursable expenses including mileage, reproduction, and delivery services are included within Binkley & Barfield’s lump sum fee or as indicated in the sub consultant Attachments. L. Compensation: We propose to provide the specific services described above as follows: BBI Fees Project Management (Lump Sum) $33,845.50 Engineering Design (Lump Sum) $254,725.00 Conceptual Parks Design – Civil (Lump Sum) $23,674.00 Optional - Traffic Engineering (Lump Sum) $9,000.00 Page 241 of 288 Ms. Susan Monnat, PE March 1, 2021 Revised March 5, 2021 Page 6 Public Engagement (Lump Sum) $8,000.50 Bidding and Construction Phase Services (Lump Sum) $27,740.00 Total BBI Fee $356,985.00 Joe Orr (Baseline) Fees Topographic Survey (Lump Sum) $60,000.00 Total Joe Orr (Baseline) Fee $60,000.00 Terracon Fees Geotechnical Engineering Services (Estimated NTE) $10,550.00 Materials Testing Services (Unit Rate) $44,005.00 Total Terracon Fee $54,555.00 Plant People LLC Fees Tree Inventory (Hourly) $2,980.00 Design Phase (Hourly) $17,400.00 Construction Phase (Hourly) $7,600.00 Total Plant People Fee $27,980.00 Design Workshop Fees Project Start-Up and Conceptual Design (Lump Sum) $36,500.00 Finalizing the Master Plan (Lump Sum) $46,200.00 Optional - Grant Opportunities Assessment (Lump Sum) $6,900.00 Total Design Workshop Fee $89,600.00 CD&P Fees Project Management and Coordination (Lump Sum) $3,880.00 Community Engagement Plan (Lump Sum) $3,430.00 Project Materials and Outreach Tools (Lump Sum) $16,570.00 Stakeholder Communications (Lump Sum) $8,140.00 Meetings (Lump Sum) $20,845.00 Other Direct Expenses $2,657.50 Total CD&P Fee $55,522.50 EHAS Fees ADA Registration, Plan Review, Site Inspection (Estimated NTE) $2,000.00 Total EHAS Fee $2,000.00 Total Project Fee $646,642.50 All Terracon work to be completed on a unit rate basis will be in accordance with Attachment B and Attachment C. Please note that our fees are based on the project being implemented based on the assumptions of this proposal with regards to its scope, without major changes or unforeseen conditions. In the event the scope of work requires additional hours to be spent Page 242 of 288 Ms. Susan Monnat, PE March 1, 2021 Revised March 5, 2021 Page 7 above the budgeted amount, we will discuss this with the Client prior to exceeding the budget amount stated above. M. Additional Services: We have made our best effort to prepare a thorough and complete proposal to successfully complete this project. However, there may be additional services we are not currently aware of that may be required or that the Client may desire we provide. Should such a situation occur, a separate proposal would be submitted to the Client for approval prior to our beginning the additional services. Please call should you have any questions. Thank you again for selecting Binkley & Barfield, Inc. for this assignment and we look forward to working with the City of College Station. Sincerely, Binkley & Barfield, Inc. Consulting Engineers Brandon M. Boatcallie, P.E. Project Manager Page 243 of 288                 Attachment A  Joe Orr Proposal for Surveying Services                     Page 244 of 288 Joe Orr, A Baseline Corporation Co. ● P.O. Box 11979, College Station, TX 77842-1979 ● Tel: 979.693.2777 TBPLS Firm No. 10054400 ● www.baselinesurveyors.net February 18, 2021 Greg Lanting, PE Binkley & Barfield – Brazos Valley Region 1701 Southwest Pkwy, Suite 111 College Station, Texas 77840 Re: Fee Proposal for Professional Services Topographic Survey – Thomas Park area in College Station, Texas Baseline-Joe Orr (JO) appreciates the opportunity to provide this Scope and Fee Proposal for surveying services to Binkley & Barfield (Client), the prime contractor on this City of College Station (City) project, for the street reconstruction and utility improvements in the area generally bounded by Francis Ave., James Pkwy., Kyle Ave. and Puryear Dr. and including the sections of Thomas Park southeast of Francis Ave. in College Station, Texas (Project Site). Survey Scope: JO will perform the following survey-related scope items: Right-of-Entry Coordinate with Client and contracted arborist to notify and seek landowner and resident permission in private properties where on-the-ground access is needed, prior to beginning any work on fenced private property. Survey Control Install accurate horizontal and vertical survey control, referenced to City GPS control monuments and datums (NAD83 / NAVD88). 8-1-1 / City Coordination Request 8-1-1 utility locations and coordinate with the City to have necessary utility marks, probes and/or potholes. Locate the utility marks as well as all additional above-ground features discovered (valves, poles, manholes, etc.). Topographic Survey Perform a comprehensive Topographic Survey of the Project Site including a minimum of 10 feet beyond the right-of-way lines opposite Thomas Park, plus adjoining, existing public easements, where private owner permission is not declined. Also, requested utility features outside of the Project Site will be located where necessary and requested. All pertinent surface features, sufficient elevation points, fences, walls, visible and marked utility features and lines, and trees identified by arborist. Tree canopy edge points on ID’d trees will also be located. Depths in sanitary and storm sewer manholes and accessible drain pipes and structures will be obtained. Records Research Gather existing easement documents, plats, deeds, utility plans, GIS files and various maps in the Project Site. Plot these in CAD and best-fit them together and to the surveyed points. Comprehensive title research is not included in this scope, nor are right-of-way parcel or easement surveys. Any record data provided from the Client and City will be ‘best-fitted’. Page 245 of 288 Page 2 Existing Right-of-Way and Easements Find and locate property corners, R.O.W. points and physical features needed to fit existing plats, deeds, known easements into the topographic survey drawing. This step should obtain a close approximate fit of the property lines but will not be considered a Boundary Survey of the adjoining properties. If more accurate line determination is needed, it may require survey services outside of the scope of this proposal. This can be discussed when better property line determination in specific locations of the Project Site are identified. Topo CAD Files with surface model Create 3d CAD file(s) w/ digital surface model (TIN) of the comprehensive surveying work with most recent aerial imagery fitted as background. Deliverables: JO will create and maintain the CAD files in AutoCAD Civil 3d software, but .dgn and .xml output files will also be generated as deliverables. A digital surface model with ‘spot’ elevation points, breaklines and contours will be included. Survey control points will be identified with coordinates and elevations referenced to City GPS control monuments and current datums (NAD83/NAVD88). Compensation: The lump sum total fee for the above scope of work will be $ 60,000. Sales tax is not collected on topographic surveying. As the job progresses, monthly invoices for the percentage of work completed will be invoiced to the Client. Client Provided Services: The Client shall provide Joe Orr the following, if necessary for completion of survey: - A signed copy of this proposal or other contract including the agreed scope and fees. - Any documentation available, such as existing utility plans and maps, which will aid Joe Orr in completing the Scope of Services. Any questions, comments or concerns shall be directed to Henry Mayo, RPLS at (979) 693-2777, (979) 777-1426 (cell), or by email at hmayo@baselinesurveyors.net. Sincerely, Accepted, ________________________ _______________________ Henry P Mayo, RPLS Client / Date Page 246 of 288                 Attachment B  Terracon Consultants, Inc. Proposal for Geotechnical  Engineering Services                   Page 247 of 288 Terracon Consultants, Inc. 6198 Imperial Loop College Station, Texas 77845 P [979] 846 3767 F [979] 846 7604 terracon.com PROPOSAL COVER PAGE February 19, 2021 Binkley & Barfield 1710 Seamist Drive Houston, Texas 77008 Attn: Mr. Greg Lanting, P.E. P: 979.703.1809 E: GLanting@BinkleyBarfield.com Re: Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction James Parkway & Puryear Drive College Station, Texas Terracon Proposal No. PA1215020 Dear Mr. Lanting: We appreciate the opportunity to submit this proposal to Binkley & Barfield to provide Geotechnical Engineering services for the above referenced project. The following are exhibits to the attached Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location and Nearby Geotechnical Data Our base fee to perform the Scope of Services described in this proposal is $10,050. See Exhibit C for more details of our fees and consideration of additional services. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a copy of the attached Agreement for Services to our office. Sincerely, Terracon Consultants, Inc. Joseph D. Hill, P.E. Alton G. Rogers, P.E. Office Manager / Senior Associate Senior Engineer / Senior Associate Page 248 of 288 Reference Number: PA1215020 Page 1 of 2 Rev. 3-20 AGREEMENT FOR SERVICES This AGREEMENT is between Binkley & Barfield (“Client”) and Terracon Consultants, Inc. (“Consultant”) for Services to be provided by Consultant for Client on the James Parkway - Puryear Drive Reconstruction project (“Project”), as described in Consultant’s Proposal dated 02/19/2021 (“Proposal”), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant’s services is described in the Proposal, including but not limited to the Scope of Services section (“Services”), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporate d into this Agreement). Portions of the Services may be subcontracted. When Consultant subcontracts to other individuals or companies, then consultant will collect from Client on the Subcontractors’ behalf. Consultant’s Services do not include the investigation or detection of, nor do recommendations in Consultant’s reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software , Client will execute a separate software license agreement. Consultant’s findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation fo r Client at Client’s request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid c osts incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so reque sts, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client’s review, Client shall provide written acceptance. If Client does not follow these proced ures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consult ant’s current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Servic es for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages ap ply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client’s sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third p arties other than those who have executed Consultant’s reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT’S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT’S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT’S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of acti on arising out of Consultant’s Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant’s substantial completion of Services on the project. 8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) worker s’ compensation insurance in accordance with the laws of the states having jurisdiction over Consultant’s employees who are engaged in the Services, and employer’s liability insuranc e ($1,000,000); (ii) commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single Page 249 of 288 Reference Number: PA1215020 Page 2 of 2 Rev. 3-20 limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negl igence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant’s performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Kansas law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant’s layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Servi ces; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive , and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant’s recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant’s recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and suffici ent for Client’s intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consu ltant can perform these Services. Consultant is not res ponsible for damages caused by Services not performed due to a failure to request or schedule Consultant’s Services. Consultant shall not be responsible for the quality and completeness of Client’s contractor’s work or their adheren ce to the project documents, and Consultant’s performance of testing and observation s ervices shall not relieve Client’s contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client’s contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed a nd/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all docum ents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, tox ic, radioactive, or contaminated materials (“Affected Materials”) at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant’s performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant’s property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole propert y of Consultant. Files shall be maintained in general accordance with Consultant’s document retention policies and practices. 16. Utilities. Unless otherwise stated in the Proposal, Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant’s attention, are not correct ly marked, including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other partie s, including Client, Client’s contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the r isk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre -task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a ris k of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus. Consultant: Terracon Consultants, Inc. Client: Binkley & Barfield By: Date: 2/19/2021 By: Date: Name/Title: Joseph D. Hill, P.E. / Office Manager Name/Title: Greg Lanting Address: 6198 Imperial Loop Address: 1710 Seamist Dr College Station, TX 77845-5765 Houston, TX 77008-3119 Phone: (979) 846-3767 Fax: (979) 846-7604 Phone: Fax: Email: Joe.Hill@terracon.com Email: glanting@binkleybarfield.com Page 250 of 288 Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Responsive ■ Resourceful ■ Reliable EXHIBIT A – PROJECT UNDERSTANDING 1 of 2 EXHIBIT A - PROJECT UNDERSTANDING Our Scope of Services is based on our understanding of the project as described by Binkley & Barfield and the expected subsurface conditions as described below. We have not recently visited the project site to confirm the information provided. Aspects of the project, undefined or assumed, are highlighted as shown below. We request the design team verify all information prior to our initiation of field exploration activities. Site Location and Anticipated Conditions Item Description Parcel Information The project is located along James Parkway and Puryear Drive between their intersections with Kyle Avenue and Francis Drive in College Station, Texas. 30.624588° N, 96.322855° W (approximate) (See Exhibit D) Existing Improvements1 Existing roadways and utilities along the existing alignments. Thomas Park is located between the two alignments. Current Ground Cover1 Asphaltic roadway surface with primarily open flow ditches, some portions of the alignment have curb and gutter along the roadway edges. Existing Topography1 Relatively level Site Access We expect the site, and all exploration locations, are accessible with our truck- mounted drilling equipment. Traffic control will be required for our field operations. Expected Subsurface Conditions Our experience near the vicinity of the proposed development or geologic maps indicates subsurface conditions consist of fat and lean clay with varying amounts of sand. 1 From Google Earth Imagery Planned Construction Item Description Information Provided Information was provided by Mr. Greg Lanting via email on February 11, 2021. Project Description The project consists of the proposed reconstruction of James Parkway and Puryear Drive between their intersections with Kyle Avenue and Francis Drive in College Station, Texas. The section of James Parkway that is planned to be reconstructed is about 1,600 feet in length. The section of Puryear Drive that is planned to be reconstructed is about 1,700 feet in length. Page 251 of 288 Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Responsive ■ Resourceful ■ Reliable EXHIBIT A – PROJECT UNDERSTANDING 2 of 2 Item Description Pavements We understand that rigid (concrete) pavement sections are to be considered. We anticipate an Average Annual Daily Traffic (AADT) value of 4,500 vehicles per day. The pavement design period is 20 years. Page 252 of 288 Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Responsive ■ Resourceful ■ Reliable EXHIBIT B – SCOPE OF SERVICES 1 of 4 EXHIBIT B - SCOPE OF SERVICES Our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration The field exploration program consists of the following: Number of Borings Planned Boring Depth (feet) 1 Planned Location 4 10 or auger refusal Along James Parkway alignment 5 10 or auger refusal Along Puryear Drive alignment 1. Below ground surface. Boring Layout and Elevations: We will use handheld GPS equipment to locate borings with an estimated horizontal accuracy of +/-20 feet. Field measurements from existing site features may be utilized. If available, approximate elevations will be obtained by interpolation from a site specific, surveyed topographic map. Subsurface Exploration Procedures: We will advance soil borings with a truck-mounted drill rig using continuous flight augers (solid stem and/or hollow stem, as necessary, depending on soil conditions). Five samples will be obtained in the upper 10 feet of each boring. Soil sampling is typically performed using thin-wall tube and/or split-barrel sampling procedures. The split-barrel samplers are driven in accordance with the standard penetration test (SPT). The samples will be placed in appropriate containers, taken to our soil laboratory for testing, and classified by a Geotechnical Engineer. In addition, we will observe and record groundwater levels during drilling and sampling. Our exploration team will prepare field boring logs as part of standard drilling operations including sampling depths, penetration distances, and other relevant sampling information. Field logs include visual classifications of materials encountered during drilling, and our interpretation of subsurface conditions between samples. Final boring logs, prepared from field logs, represent the Geotechnical Engineer's interpretation, and include modifications based on observations and laboratory tests. Property Disturbance: We will backfill borings with auger cuttings upon completion. Our services do not include repair of the site beyond backfilling our boreholes, and cold patching existing pavements. Excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service, or grout the boreholes for additional fees, at your request. Page 253 of 288 Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Responsive ■ Resourceful ■ Reliable EXHIBIT B – SCOPE OF SERVICES 2 of 4 Safety Terracon is not aware of environmental concerns at this project site that would create health or safety hazards associated with our exploration program; thus, our Scope considers standard OSHA Level D Personal Protection Equipment (PPE) appropriate. Our Scope of Services does not include environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling will be noted on our logs and discussed in our report. Exploration efforts require borings (and possibly excavations) into the subsurface, therefore Terracon will comply with local regulations to request a utility location service through Texas 811. We will consult with the owner/client regarding potential utilities, or other unmarked underground hazards. Based upon the results of this consultation, we will consider the need for alternative subsurface exploration methods, as the safety of our field crew is a priority. Private utilities should be marked by the owner/client prior to commencement of field exploration. Terracon will not be responsible for damage to private utilities not disclosed to us. If the owner/client is unable to accurately locate private utilities, Terracon can assist the owner/client by coordinating or subcontracting with a private utility locating services. Fees associated with the additional services are not included in our current Scope of Services and will be forwarded to our client for approval prior to initiating. The detection of underground utilities is dependent upon the composition and construction of the utility line; some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private utility locate service would not relieve the owner of their responsibilities in identifying private underground utilities. Site Access and Safety: Terracon must be granted access to the site by the property owner. By acceptance of this proposal, without information to the contrary, we consider this as authorization to access the property for conducting field exploration in accordance with the Scope of Services. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant’s employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant’s pre-task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus. Laboratory Testing The project engineer will review field data and assign laboratory tests to understand the engineering properties of various soil strata. Exact types and number of tests cannot be defined until completion of field work. The anticipated laboratory testing may include the following: ■ Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass ■ Laboratory Determination of Density (Unit Weight) of Soil Specimens Page 254 of 288 Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Responsive ■ Resourceful ■ Reliable EXHIBIT B – SCOPE OF SERVICES 3 of 4 ■ Liquid Limit, Plastic Limit, and Plasticity Index of Soils ■ Determining the Amount of Materials Finer than No. 200 Sieve in Soils by Washing ■ Particle-Size Analysis of Soils ■ Unconfined Compressive Strength of Cohesive Soil ■ Soluble sulfates Our laboratory testing program often includes examination of soil samples by an engineer. Based on the material’s texture and plasticity, we will describe and classify soil samples in accordance with the Unified Soil Classification System (USCS). Engineering and Project Delivery Results of our field and laboratory programs will be evaluated by a professional engineer. The engineer will develop a geotechnical site characterization, perform the engineering calculations necessary to evaluate foundation alternatives, and develop appropriate geotechnical engineering design criteria for earth-related phases of the project. Your project will be delivered using our GeoReport® system. Upon initiation, we provide you and your design team the necessary link and password to access the website (if not previously registered). Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. The typical delivery process includes the following: ■ Project Planning – Proposal information, schedule and anticipated exploration plan will be posted for review and verification ■ Site Characterization – Findings of the site exploration ■ Geotechnical Engineering – Recommendations and geotechnical engineering report When utilized, our collaboration portal documents communication, eliminating the need for long email threads. This collaborative effort allows prompt evaluation and discussion of options related to the design and associated benefits and risks of each option. With the ability to inform all parties as the work progresses, decisions and consensus can be reached faster. In some cases, only minimal uploads and collaboration will be required, because options for design and construction are limited or unnecessary. This is typically the case for uncomplicated projects with no anomalies found at the site. When services are complete, we upload a printable version of our completed geotechnical engineering report, including the professional engineer’s seal and signature, which documents our services. Previous submittals, collaboration and the report are maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. The geotechnical engineering report will provide the following: Page 255 of 288 Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Responsive ■ Resourceful ■ Reliable EXHIBIT B – SCOPE OF SERVICES 4 of 4 ■ Boring logs with field and laboratory data ■ Stratification based on visual soil classification ■ Groundwater levels observed during and after the completion of drilling ■ Site Location and Exploration Plans ■ Subsurface exploration procedures ■ Description of subsurface conditions ■ Recommended pavement options and design parameters Additional Services In addition to the services noted above, the following are often associated with geotechnical engineering services. Fees for services noted above do not include the following: Review of Plans and Specifications: Our geotechnical report and associated verbal and written communications will be used by others in the design team to develop plans and specifications for construction. Review of project plans and specifications is a vital part of our geotechnical engineering services. This consists of review of project plans and specifications related to site preparation, foundation, and pavement construction. Our review will include a written statement conveying our opinions relating to the plans and specifications’ consistency with our geotechnical engineering recommendations. Observation and Testing of Pertinent Construction Materials: Development of our geotechnical engineering recommendations and report relies on an interpretation of soil conditions. This is based on widely spaced exploration locations, and assuming construction methods will be performed in a manner sufficient to meet our expectations, and is consistent with recommendations made at the time the geotechnical engineering report is issued. We should be retained to conduct construction observations, and perform/document associated materials testing, for site preparation, foundation, and pavement construction. This allows a more comprehensive understanding of subsurface conditions and necessary documentation of construction, to confirm and/or modify (when necessary) the assumptions and recommendations made by our engineers. Perform Environmental Assessments: Our Scope for this project does not include, either specifically or by implication, an environmental assessment of the site intended to identify or quantify potential site contaminants. If the client/owner is concerned about the potential for such conditions, an environmental site assessment should be conducted. We can provide a proposal for an environmental assessment, if desired. Page 256 of 288 Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Responsive ■ Resourceful ■ Reliable EXHIBIT C – COMPENSATION AND PROJECT SCHEDULE 1 of 2 EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site, the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our base fee is shown in the following table: Task Lump Sum Fee Subsurface Exploration $4,150 Laboratory Testing $2,200 Geotechnical Consulting & Reporting $1,200 Traffic Control (1 day at a rate of $2,500/day) $2,500 Total $10,050 Additional services not part of the base fee include the following: Additional Services (see Exhibit B) Lump Sum Fee Initial for Authorization Private Utility Locate Service 1 Cost + 15% Plans and Specifications Review $500 Construction Materials Testing Services TBD 1. If the owner/client is unable to accurately locate private utilities, we can subcontract a private utility locating firm and/or utilize geophysical equipment, if necessary. The detection of underground utilities is dependent upon the composition and construction of utility lines. Some utilities are comprised of non-electrically conductive materials and may not be readily detected. The use of a private locate service does not relieve the owner of their responsibilities in identifying private underground utilities. Our Scope of Services does not include services associated with site clearing, wet ground conditions, tree or shrub clearing, or repair of/damage to existing landscape. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact you for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Project Schedule We developed a schedule to complete the Scope of Services based upon our existing availability and understanding of your project schedule. However, this does not account for delays in field exploration beyond our control, such as weather conditions, permit delays, or lack of permission Page 257 of 288 Proposal for Geotechnical Engineering Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Responsive ■ Resourceful ■ Reliable EXHIBIT C – COMPENSATION AND PROJECT SCHEDULE 2 of 2 to access the boring locations. In the event the schedule provided is inconsistent with your needs, please contact us so we may consider alternatives. GeoReport® Delivery Posting Date from Notice to Proceed 1, 2 Project Planning 2 working days Site Characterization 15 working days Geotechnical Engineering 25 working days 1. Upon receipt of your notice to proceed we will activate the schedule component of our GeoReport® website with specific, anticipated calendar days for the three delivery points noted above as well as other pertinent events such as field exploration crews on-site, etc. 2. We will maintain a current calendar of activities within our GeoReport® website. In the event of a need to modify the schedule, the schedule will be updated to maintain a current awareness of our plans for delivery. Page 258 of 288 EXHIBIT D – SITE LOCATION PLAN James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 19, 2021 ■ Terracon Proposal No. PA1215020 Note to Preparer: This is a large table with outside borders. Just click inside the table above this text box, then paste your GIS Toolbox image. When paragraph markers are turned on you may notice a line of hidden text above and outside the table – please leave that alone. Limit editing to inside the table. The line at the bottom about the general location is a separate table line. You can edit it as desired, but try to keep to a single line of text to avoid reformatting the page. EXHIBIT D PORTRAIT DIAGRAM IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS Page 259 of 288                       Attachment C  Terracon Consultants, Inc.  Proposal for Construction Materials  Testing Services      Page 260 of 288 Terracon Consultants, Inc. 6198 Imperial Loop College Station, Texas 77845 P [979] 846.3767 F [979] 846.7604 terracon.com SCOPE OF SERVICES Field Services Terracon’s approach to providing materials engineering services is to assign qualified engineering technicians, directed by Professional Engineers licensed in the state of Texas, to perform the requested testing and observations for your project. The technicians assigned to the project will be qualified and equipped to perform the following field services: Earthwork Observation and Testing a) Sample sidewalk subgrade and utility trench backfill and chemically stabilized paving subgrade material. Prepare and test the samples for Atterberg Limits (ASTM D4318) and Percent Passing the No. 200 Sieve for classification in accordance with USCS. Recommended one test per 500 cubic yards (or 10,000 square feet) for every one foot of fill. Prepare and test soil samples for moisture-density relationship in accordance with ASTM D698 (or applicable procedure). b) Sample cement-sand backfill for utility trenches, mold specimens, and perform compressive strength tests in the laboratory. c) Perform stabilization evaluation of subgrade soil for proposed chemically treated paving subgrade. d) Perform field gradation tests of chemically stabilized subgrade at a frequency of 1 test per 200 linear feet. e) Observe proof rolling operations of the paving subgrade, and perform density tests of the sidewalk subgrade, utility trench backfill and chemically stabilized paving subgrade using the nuclear method (ASTM D6938) to determine the moisture content and percent compaction of the soil materials at a frequency of 1 test per 200 linear feet. f) Upon meeting compaction and moisture requirements, perform depth checks of chemically stabilized subgrade at a frequency of 1 test per 200 linear feet. g) Provide additional testing upon written request and approval by the Client. Cast-in-Place Concrete Observations and Testing a) Sample and test the fresh concrete for each mix. Perform tests including slump, air content, unit weight, concrete temperature, and cast test specimens (ASTM C31, C138, C143, C172, C173, and C1064). b) Concrete will be sampled at a frequency of 1 set of test cylinders every 50 cubic yards for pav ing and sidewalk concrete. Terracon requests that a copy of the approved mix design(s) be provided to us prior to placement of the concrete. c) Perform compressive strength tests of concrete test cylinders cast in the field (ASTM C1231, C39). Five 4” x 8” concrete cylinders will be prepared for structural concrete having nominal size aggregate of 1¼” or less. Four 6” x 12” concrete cylinders per set will be prepared for concrete having a nominal size aggregate of greater than 1¼”. When 6” x 12” cylinders are prepared, one cylinder will be tested at 7 days, two cylinders will be tested at 28 days and one cylinder will be marked for a 56-day HOLD. When 4” x 8” cylinders are prepared, one cylinder will be tested at 7 days, three cylinders will be tested at 28 days and one cylinder will be marked for a 56-day HOLD. Page 261 of 288 Proposal for Construction Materials Testing Services James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 18, 2021 Responsive ■ Resourceful ■ Reliable Project Management/ Administration A project manager will be assigned to the project to review the daily activity and assist in scheduling the work. Field and laboratory tests will be reviewed prior to submittal. The project manager will monitor the project budget and will oversee the preparation of the final letter and daily reports. Final Letter Upon completion of our services, a final letter will be prepared. The letter will list services we performed and if our results and/or observation were in compliance. A copy of our test reports will be available with the final letter if requested. Scheduling Retests It is the responsibility of your representative to schedule retests in a like manner to scheduling our original services. Terracon shall not be held responsible for retests not performed as a result of a failure to schedule our services or any subsequent damage caused as a result of a lack of retesting. Additional Services If you would like us to perform additional work, please contact us and we will issue a short Supplement to Agreement form, or Supplemental Proposal, that outlines the additional work to be performed and associated fees. To authorize us to begin work, you simply return a signed copy of the Supplemental agreement. Page 262 of 288 Service Quantity Unit Unit Rate Estimate EARTHWORK General Fill, Trenches, Utilities Estimate: 1,700 LF @ 4' depth of compacted backfill (total lifts: 4) Estimate: 1 nuclear density test every 200 LF of backfill @ every 1' depth Estimate: (12) 3-hour days for density testing Estimate: (5) 1-hour trips for sample pickup Engineering Technician Level I 5 hour 50.00$ 250.00$ NICET/Senior Engineering Technician 36 hour 60.00$ 2,160.00$ Vehicle Charge 17 day 25.00$ 425.00$ Nuclear Density Gauge Fee 12 day 75.00$ 900.00$ Standard Proctor (ASTM D-698) (4" mold)5 each 150.00$ 750.00$ Compressive Strength Points - Cement Stabilized Sand 5 each 300.00$ 1,500.00$ Percent Passing the No. 200 Sieve 5 each 30.00$ 150.00$ Atterberg Limit 5 each 55.00$ 275.00$ Sub-total 6,410.00$ PROOF ROLLING Estimate: (4) 3-hour days for proof rolling NICET/Senior EngineeringTechnician 12 hour 60.00$ 720.00$ Vehicle Charge 4 day 25.00$ 100.00$ Sub-total 820.00$ SUBGRADE Lime-Treated Fill Estimate: 1,700 LF @ 8" depth of lime treated fill (total lifts: 1) Estimate: 1 test every 5,000 SF of fill Estimate: (3) 3-hour days for density testing and depth checks Estimate: (3) 3-hour trips for gradations/sample pickup NICET/Senior Engineering Technician 18 hour 60.00$ 1,080.00$ Vehicle Charge 6 day 25.00$ 150.00$ Nuclear Density Gauge Fee 3 day 75.00$ 225.00$ Lime Series 2 each 150.00$ 300.00$ Field Gradations 9 each 25.00$ 225.00$ Lime Treated Subgrade Depth Checks 9 each 25.00$ 225.00$ Standard Proctor (ASTM D-698) (4" mold)5 each 150.00$ 750.00$ Atterberg Limit 9 each 55.00$ 495.00$ pH Tests 9 each 30.00$ 270.00$ Sub-total 3,720.00$ CAST-IN-PLACE CONCRETE TESTING Paving Estimate: 1,000 CY of concrete @ 5 pours Estimate: 1 set of 5 cylinders per 50 CY Estimate: (5) 5-hour days for concrete testing Estimate: (5) 1-hour trips for sample pickup Engineering Technician Level I 30 hour 50.00$ 1,500.00$ Vehicle Charge 10 day 25.00$ 250.00$ Compressive Strength (Includes Temp, Slump, Air, and UW)20 per set 60.00$ 1,200.00$ Sub-total 2,950.00$ Detailed Budget Estimate James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 18, 2021 PURYEAR DRIVE PACKAGE Page 263 of 288 Service Quantity Unit Unit Rate Estimate Detailed Budget Estimate James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 18, 2021 CAST-IN-PLACE CONCRETE TESTING Drainage Structures Estimate: 1 set of 5 cylinders per 50 CY Estimate: (5) 3-hour days for concrete testing Estimate: (5) 1-hour trips for sample pickup Engineering Technician Level I 20 hour 50.00$ 1,000.00$ Vehicle Charge 10 day 25.00$ 250.00$ Compressive Strength (Includes Temp, Slump, Air, and UW)5 per set 60.00$ 300.00$ Sub-total 1,550.00$ Project Manager 15 hour 125.00$ 1,875.00$ Vehicle Charge 1 day 25.00$ 25.00$ Sub-total 1,900.00$ Puryear Drive Package Total:17,350.00$ PROJECT MANAGEMENT PURYEAR DRIVE PACKAGE (Continued) Page 264 of 288 Service Quantity Unit Unit Rate Estimate Detailed Budget Estimate James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 18, 2021 EARTHWORK General Fill, Trenches, Utilities Estimate: 1,600 LF @ 4' depth of compacted backfill (total lifts: 4) Estimate: 1 nuclear density test every 200 LF of backfill @ every 1' depth Estimate: (12) 3-hour days for density testing Estimate: (4) 1-hour trips for sample pickup Engineering Technician Level I 4 hour 50.00$ 200.00$ NICET/Senior Engineering Technician 36 hour 60.00$ 2,160.00$ Vehicle Charge 16 day 25.00$ 400.00$ Nuclear Density Gauge Fee 12 day 75.00$ 900.00$ Standard Proctor (ASTM D-698) (4" mold)4 each 150.00$ 600.00$ Compressive Strength Points - Cement Stabilized Sand 4 each 300.00$ 1,200.00$ Percent Passing the No. 200 Sieve 4 each 30.00$ 120.00$ Atterberg Limit 4 each 55.00$ 220.00$ Sub-total 5,800.00$ PROOF ROLLING Estimate: (4) 3-hour days for proof rolling NICET/Senior EngineeringTechnician 12 hour 60.00$ 720.00$ Vehicle Charge 4 day 25.00$ 100.00$ Sub-total 820.00$ SUBGRADE Lime-Treated Fill Estimate: 1,600 LF @ 8" depth of lime treated fill (total lifts: 1) Estimate: 1 test every 5,000 SF of fill Estimate: (3) 3-hour days for density testing and depth checks Estimate: (3) 3-hour trips for gradations/sample pickup NICET/Senior Engineering Technician 18 hour 60.00$ 1,080.00$ Vehicle Charge 6 day 25.00$ 150.00$ Nuclear Density Gauge Fee 3 day 75.00$ 225.00$ Lime Series 2 each 150.00$ 300.00$ Field Gradations 8 each 25.00$ 200.00$ Lime Treated Subgrade Depth Checks 8 each 25.00$ 200.00$ Standard Proctor (ASTM D-698) (4" mold)4 each 150.00$ 600.00$ Atterberg Limit 8 each 55.00$ 440.00$ pH Tests 8 each 30.00$ 240.00$ Sub-total 3,435.00$ CAST-IN-PLACE CONCRETE TESTING Paving Estimate: 900 CY of concrete @ 5 pours Estimate: 1 set of 5 cylinders per 50 CY Estimate: (5) 5-hour days for concrete testing Estimate: (5) 1-hour trips for sample pickup Engineering Technician Level I 30 hour 50.00$ 1,500.00$ Vehicle Charge 10 day 25.00$ 250.00$ Compressive Strength (Includes Temp, Slump, Air, and UW)18 per set 60.00$ 1,080.00$ Sub-total 2,830.00$ JAMES PARKWAY PACKAGE Page 265 of 288 Service Quantity Unit Unit Rate Estimate Detailed Budget Estimate James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 18, 2021 CAST-IN-PLACE CONCRETE TESTING Drainage Structures Estimate: 1 set of 5 cylinders per 50 CY Estimate: (5) 3-hour days for concrete testing Estimate: (5) 1-hour trips for sample pickup Engineering Technician Level I 20 hour 50.00$ 1,000.00$ Vehicle Charge 10 day 25.00$ 250.00$ Compressive Strength (Includes Temp, Slump, Air, and UW)5 per set 60.00$ 300.00$ Sub-total 1,550.00$ Project Manager 12 hour 125.00$ 1,500.00$ Sub-total 1,500.00$ James Parkway Package Total:15,935.00$ PROJECT MANAGEMENT JAMES PARKWAY PACKAGE (Continued) Page 266 of 288 Service Quantity Unit Unit Rate Estimate Detailed Budget Estimate James Parkway and Puryear Drive Reconstruction ■ College Station, Texas February 18, 2021 EARTHWORK General Fill, Trenches, Utilities Estimate: 1,100 LF of 8" waterline @ 4' depth of compacted backfill (total lifts: 4) Estimate: 450 LF of 6" sewer line @ 4' depth of compacted backfill (total lifts: 4) Estimate: 1 nuclear density test every 200 LF of backfill @ every 1' depth Estimate: (8) 3-hour days for density testing Estimate: (2) 1-hour trips for sample pickup Engineering Technician Level I 2 hour 50.00$ 100.00$ NICET/Senior Engineering Technician 24 hour 60.00$ 1,440.00$ Vehicle Charge 10 day 25.00$ 250.00$ Nuclear Density Gauge Fee 8 day 75.00$ 600.00$ Standard Proctor (ASTM D-698) (4" mold)2 each 150.00$ 300.00$ Percent Passing the No. 200 Sieve 2 each 30.00$ 60.00$ Atterberg Limit 2 each 55.00$ 110.00$ Sub-total 2,860.00$ SUBGRADE Sidewalk Subgrade Estimate: 3,300 LF @ 6" depth of lime treated fill (total lifts: 1) Estimate: 1 test every 200 LF of fill Estimate: (4) 3-hour days for density testing and depth checks Estimate: (2) 1-hour trips for gradations/sample pickup NICET/Senior Engineering Technician 14 hour 60.00$ 840.00$ Vehicle Charge 6 day 25.00$ 150.00$ Nuclear Density Gauge Fee 4 day 75.00$ 300.00$ Standard Proctor (ASTM D-698) (4" mold)2 each 150.00$ 300.00$ Percent Passing the No. 200 Sieve 2 each 30.00$ 60.00$ Atterberg Limit 2 each 55.00$ 110.00$ Sub-total 1,760.00$ CAST-IN-PLACE CONCRETE TESTING Sidewalk Estimate: 500 CY of concrete @ 5 pours Estimate: 1 set of 5 cylinders per 50 CY Estimate: (10) 3-hour days for concrete testing Estimate: (10) 1-hour trips for sample pickup Engineering Technician Level I 80 hour 50.00$ 4,000.00$ Vehicle Charge 20 day 25.00$ 500.00$ Compressive Strength (Includes Temp, Slump, Air, and UW)10 per set 60.00$ 600.00$ Sub-total 5,100.00$ Project Manager 8 hour 125.00$ 1,000.00$ Sub-total 1,000.00$ Park Misc Package Total:10,720.00$ Puryear Drive Package Total:17,350.00$ James Parkway Package Total:15,935.00$ Park Misc Package Total:10,720.00$ Project Total:44,005.00$ PARK MISC PACKAGE PROJECT MANAGEMENT Page 267 of 288                 Attachment D  Plant People LLC, Proposal for Tree Services     Page 268 of 288 Thomas Park Project PREPARED FOR: Binkley & Barfield Consulting Engineers 1701 Southwest Parkway, Suite 111 College Station, TX 77840 Phone: 979-703-1809 February 25, 2021 PREPARED BY: Jeffrey N. Lehde, M.S., BCMA ISA Board-Certified Master Arborist #TX-1113B Plant People, LLC P.O. Box 30 Wellborn, TX 77881 (Off.) 979-224-3916 Page 269 of 288 PLANT PEOPLE, LLC P.O. Box 30 Well born , TX 778 81 – Office 9 79.224.3916 _________________________________________ ___________________________________ Owner’s Approval Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. Summary of Proposals Client: Binkley & Barfield Date: Feb. 25, 2021 Mailing Address: 1701 Southwest Parkway, Suite 111 College Station, TX 77840 Arborist: License #: Jeff Lehde TX1113B Contact #: Brandon Boatcallie (979) 703-1809 BMB@binkleybarfield.com Work Location: Thomas Park, College Station, TX Proposal Summary Tree Inventory $ 2,980.00 Design Phase $ 17,400.00 Construction Phase $ 7,600.00 Total $ 27,980.00* Page 270 of 288 PLANT PEOPLE, LLC P.O. Box 30 Well born , TX 778 81 – Office 9 79.224.3916 _________________________________________ ___________________________________ Owner’s Approval Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. Proposal Client: Binkley & Barfield Date: Feb. 25, 2021 Mailing Address: 1701 Southwest Parkway, Suite 111 College Station, TX 77840 Arborist: License #: Jeff Lehde TX1113B Contact #: Brandon Boatcallie (979) 703-1809 BMB@binkleybarfield.com Work Location: Thomas Park, College Station, TX Tree Inventory Collect tree data for approximately 200 trees that may be impacted by construction. Data collection will include tree diameter, species, and other descriptive attributes to help determine tree preservation requirements. Each tree will be tagged with a unique numerical identification marker for the surveyor to locate. The tree data will be submitted electronically in spreadsheet format. It is assumed that right of entry to access trees on private property will be provided by the project owner. $ 2,880.00 Option - Custom “Thomas Park Tag” in Brass or Black Aluminum $ 100.00 Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Total $ 2,980.00* Page 271 of 288 PLANT PEOPLE, LLC P.O. Box 30 Well born , TX 778 81 – Office 9 79.224.3916 _________________________________________ ___________________________________ Owner’s Approval Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. Proposal Client: Binkley & Barfield Date: Feb. 25, 2021 Mailing Address: 1701 Southwest Parkway, Suite 111 College Station, TX 77840 Arborist: License #: Jeff Lehde TX1113B Contact #: Brandon Boatcallie (979) 703-1809 BMB@binkleybarfield.com Work Location: Thomas Park, College Station, TX Design Phase Work Scope Public Meetings – Attend three public meetings, provide advice regarding tree impacts, and submit written recommendations to the design firm to address the tree related concerns from each meeting. (billed hourly assuming 3 meetings.) $ 1,800.00 Preliminary Walkthrough – Review initial alignment plans and attend on site meetings to discuss installation impacts and tree preservation requirements. $ 1,200.00 30% Design Review – Review tree survey and alignment plans to identify impacted trees. Make onsite inspections to confirm conflicts and provide tree protection/treatment recommendations for individual trees impacted. $ 9,000.00 60% Project Walkthrough – Attend on site meetings to discuss recommendations in 30% design review and resolve any conflicts related to tree protection recommendations. $2,400.00 Technical Drawings & Specifications – Provide tree protection treatment drawings and specifications for this project. (Binkley & Barfield will format drawings for the plans). $ 1,600.00 Budget Estimate – Provide budget estimates for tree protection/treatment recommendations. $ 600.00 Final Review – Review any City comments and provide finalized tree protection measures, special specifications, and cost estimates. $ 800.00 Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Total $ 17,400.00* Page 272 of 288 PLANT PEOPLE, LLC P.O. Box 30 Well born , TX 778 81 – Office 9 79.224.3916 _________________________________________ ___________________________________ Owner’s Approval Arborist Signature *Prices do not include tax. Sales tax will be added where applicable. Prices quoted are valid for thirty days. All accounts are net payable upon receipt of invoice. Proposal Client: Binkley & Barfield Date: Feb. 25, 2021 Mailing Address: 1701 Southwest Parkway, Suite 111 College Station, TX 77840 Arborist: License #: Jeff Lehde TX1113B Contact #: Brandon Boatcallie (979) 703-1809 BMB@binkleybarfield.com Work Location: Thomas Park, College Station, TX Construction Phase Work Scope Attend Pre-Bid Meeting. (billed hourly assuming 2 hrs.) $ 400.00 Attend Pre-Construction Meeting. (billed hourly assuming 2 hrs.) $ 400.00 Submittal Review – Review tree protection submittals from Contractor and provide feedback to Design firm in required. (billed hourly assuming 4 hrs.) $ 800.00 Site Consultation – Meet with contractor during the construction phase monthly, or as requested to address construction conflicts with tree preservation requirements. (billed hourly assuming 20, call outs.) $ 6,000.00 Work not included in the scope of this proposal or required as a result of a change order will require an additional proposal. Total $ 7,600.00* Page 273 of 288                 Attachment E  Design Workshop Proposal for Professional Services     Page 274 of 288 Proposal for James Parkway and Puryear Drive Rehabilitation College Station, Texas 03/05/21 1 PROJECT DESCRIPTION Design Workshop will provide master planning services for the Binkley & Barfield, Inc. team and the City of College Station for the rehabilitation of James Parkway and Puryear Drive, from Francis Drive to Kyle Street, into a concrete curb and gutter section with storm sewer system and sidewalks and/or multi-use paths adjacent the road or within the park. Protection of existing trees in the area is essential. The project will include some small utility adjustments and relocations for area infrastructure. Drainage improvements along the streets and throughout the park are critical for this design. Phased park improvements will also be part of this design contract. These improvements include lighting, potential parking, drinking fountains, ADA accessible paths to existing elements. Future park phasing shall include historical markers, benches, shade structures for existing amenities, disc golf course, landscaping, etc. The public will be engaged in community conversations to determine the programming and master plan level design of future phases. SCOPE OF SERVICES The following narrative describes a comprehensive list of services required to prepare Master Planning, Community Engagement and Design Concepts for the property. Efficiently organizing the work will be essential to completing the project in a timely fashion. While the following narrative is organized in a linear manner, many of the sub-tasks may proceed in a parallel or concurrent fashion. The scope of work to be performed by Design Workshop (DW) in connection with this agreement is as follows: TASK 1 – PROJECT START-UP AND CONCEPTUAL DESIGN (16 WEEKS) The general objective for this task of the work is to develop a thorough understanding of the work that has been completed to date, become familiar with the site, and develop a preliminary understanding of the development program. In addition, DW will test program goals and site program against site conditions, and to explore design ideas. Based on the current program, Design Workshop will work with the planning and design team to develop a Conceptual Master Development Plan for the property The specific tasks to be completed are as follows: 1. Review pertinent codes, current entitlements, and conditions of approval, which may impact the site development concepts. 2. Meet with the client and consultant team to review/develop project goals, design criteria and site program. 3. Obtain understanding of target site improvement budget with the client. 4. Review the geotechnical report and topographic survey. 5. Visit the site to become familiar with the site conditions such as soils, slopes, views, and context surrounding the site. Field-verify survey information, including the limits of existing improvements. This will be done on the same day as the kickoff (if in person). 6. Prepare a detailed project schedule/work plan. 7. Attend up to two (2) meetings (in addition to kickoff) with the Client and/or other consultants. It is assumed all meetings for the duration of the project will be virtual unless explicitly stated otherwise. 8. Establish program requirements and develop Design Principles to guide decision making. 9. Prepare a Site Analysis/Framework plan, summarizing major influences upon design. 10. Prepare a Conceptual Design Plan. 11. Prepare image character boards or bound booklets to convey the landscape design intent. 12. Based on the conceptual design plan, prepare an opinion of the range of probable costs. This range is an opinion only and will need to be verified by a retained cost estimation specialist or by a contractor in the bidding and negotiation process. 13. Attend up to six (6) meetings with the Client and/or other consultants to the work. Produce material for and attend one (1) public meeting. These meetings are assumed to be virtual. If in person, additional fee will be required to cover travel time. a. Public Meeting 1 (“Vision and Ideas Workshop”): Present initial analysis, gain feedback on vision, goals, analysis, programming ideas and concepts. Page 275 of 288 Proposal for James Parkway and Puryear Drive Rehabilitation College Station, Texas 03/05/21 2 The following products will be prepared/delivered: 1. Statement of understanding of client’s budget to which project will be designed. 2. Meeting notes and pictures from site visit. 3. Project schedule/work plan. 4. One (1) Site Analysis/Framework plan 5. Up to three (3) Conceptual Design Plans 6. Up to four (4) image character boards 7. Conceptual level opinion of probable site/landscape construction cost. TASK 2 – FINALIZING THE MASTER PLAN (8 WEEKS) The general objective for this task of work is to solidify public feedback on the park master plan options into a plan that would move forward into future implementation. Design Workshop will work with the planning and design team to formalize the concepts into a master plan, with a roadmap for implementing the plan, including timeline and costs. The specific tasks to be completed are as follows: 1. Prepare a Master Plan, including illustrative sections and elevations. 2. Prepare image character boards or bound booklets to convey the landscape design intent. 3. Prepare up to three (3) 3D renderings showing the character of the landscape spaces. 4. Based on the master plan, prepare an opinion of the range of probable costs that will help people understand future capital costs and phasing. This range is an opinion only and will need to be verified by a retained cost estimation specialist or by a contractor in the bidding and negotiation process. 5. Attend up to four (4) meetings with the Client and/or other consultants to the work. 6. Produce material for, and attend one (1) public meeting in this Task: b. Public Meeting 2 (“Implementation Workshop”): Present final master plan and gain feedback on implementation prioritization. This meeting is assumed virtual. If in person, additional fee will be required to cover travel time. The following products will be prepared/delivered: 1. One (1) Master Plan. 2. Up to two (2) illustrative sections/elevations 3. Up to three (3) 3D renderings. 4. Booklet that assembles the analysis, master plan concepts, final plan, opinions of probable cost and implementation steps. TASK 3 – GRANT OPPORTUNITIES ASSESSMENT (OPTIONAL) DW will help with a high-level grant opportunity assessment to aid in finding potential avenues of funding for future park improvements. This summary will be included as part of the final master plan document for reference in applying for grants in the future. The specific tasks to be completed are as follows: 1. Opportunity assessment - catalog local, regional, and national grant opportunities that may apply to this work. (this matrix may include grant application deadlines, funding amounts and priorities, granting organization, timeline, and level of involvement/reporting requirements) 2. Funding Resources/Recommendations - a more in-depth description of up to 3 opportunities that seem the most viable for the project. Any specific grants that are to be applied with DW’s assistance will have a separate fee proposal submitted at the time of application. Page 276 of 288 Proposal for James Parkway and Puryear Drive Rehabilitation College Station, Texas 03/05/21 3 INITIAL INFORMATION Client shall provide the following information or services as required for performance of its services. Design Workshop assumes no responsibility for the accuracy of such information or services provided by client and shall not be liable for errors or omissions therein, but may rely on the accuracy of the information provided by Client. Should Design Workshop be required to provide services in obtaining or coordinating compilation of this information, such services shall be billed as additional services. In order to begin services, Design Workshop will require the following information: 1. Topographic field surveys of the property which include but are not limited to the property lines, easements, utilities, structures, buildings, one (1) foot contours intervals, etc. 2. A copy of soils/geology reports. 3. A copy of current architectural, structural, civil engineering, plumbing and electrical engineering, paving, lighting and interiors plans and details. PROJECT CONDITIONS 1. Client/Client Rep. coordination may need extra time if Design Workshop has to coordinate with multiple stakeholders. 2. Owner project delivery model is assumed to be design-bid-build with single prime General Contractor. Other delivery models may affect Design Workshop fees (Design-Bid-Build, GMP, Design Build, etc.) 3. In case of water features and swimming pools at grade or over amenity decks, water feature design and engineering services are generally provided by specialty subconsultants which are not included in this proposal. 4. Site improvements including roads, parking areas, curbs and gutters, underground utilities, final grading and connections to the engineering drainage plan are designed and documented by Civil Engineers. 5. Design Workshop uses Autodesk Civil 3D® for design modeling and drawing production. All CAD products shall be provided to Design Workshop in AutoCAD-compatible formats and Design Workshop shall not be responsible for inaccuracies in such base data or lack of coordination of such. Therefore, BIM modeling and drawing production except in Civil 3D is excluded from Design Workshop’s scope. 6. Design Workshop does not perform construction administration, but will observe progress and quality of construction, provide interpretations of design documents and advise the Client accordingly. The term “construction administration” if used in the master agreement shall not apply to Design Workshop or its subconsultants. PROJECT EXCLUSIONS The following exclusions are not part of Design Workshop’s base scope of services and shall be considered Additional Services. Design Workshop will endeavor to solicit approval from the client prior to commencing services however failure to obtain prior approval does not inhibit Design Workshop from being compensated at Design Workshop standard hourly rates for producing the associated work. 1. Revisions to site area or project scope of work a. Design and engineering scope of services required because of changes to the Project including but not limited to changes in size or location of project area, quality and complexity, schedule, program, or budget; 2. Additional Graphic Deliverables a. Alternate Design directions and/or alternate solutions after the completion of the schematic design package; b. Preparation of marketing, fundraising, promotional and collateral material such as renderings, graphics, etc. not listed herein; c. Production of fully-rendered 3D (or physical) model or fly-through; 3. Meetings and Site Visits a. In person, web and site meetings in addition to the number indicated in base scope of services of this agreement; b. It is assumed all meetings for the duration of the project will be virtual unless explicitly stated otherwise. 4. Sub-Consultant Services Page 277 of 288 Proposal for James Parkway and Puryear Drive Rehabilitation College Station, Texas 03/05/21 4 a. Only subconsultants listed herein are part of the scope of services. b. Cost estimating/Opinion of Probable Construction Cost services unless included herein as a base scope of service. SCHEDULE Design Workshop is prepared to begin services immediately upon receipt of a signed copy of this proposal from an authorized owner’s representative. At this time, the following generalized schedule is anticipated: Task 1 – Project Startup and Conceptual Design 16 weeks Task 2 – Finalizing the Master Plan 8 weeks Task 3 – Grant Opportunities Assessment 4 weeks FEES AND EXPENSES 1. BASIC SERVICES Compensation to Design Workshop for the services described herein and in accordance with the conditions of this agreement shall be for a lump sum fee of $89,600. The estimated fees are as follows: Task 1 Project Start-up and Conceptual Design $ 36,500 Task 2 Finalizing the Master Plan $ 46,200 Task 3 Grant Opportunities Assessment $ 6,900 (optional) Total Professional Fees (labor only) $ 82,700 (not including Task 3) Total Professional Fees (labor only) $ 89,600 (including Task 3) 2. REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to compensation for Basic Services. Reimbursable expenses incurred by Design Workshop and consultants directly related to the project such as, but not limited to, travel, photography, telephone charges, video conference charges, and printing expenses shall be billed at Design Workshop’s cost, plus fifteen percent (15%). 3. ADDITIONAL SERVICES Services in addition to those described above are to be compensated on a Time and Materials basis per Design Workshop’s current published rate schedule. Additional services will include (but are not limited to) redesign of previously approved work, major revisions to program and/or expansion of scope of services. Whenever practical, changes, additions, or modifications to the scope of services shall be authorized by written change request; however, the absence of such a written change order shall not act as a bar to payment of fees due Design Workshop provided the change was in fact approved and ordered by the Client. PAYMENT TERMS 1. This is a lump sum contract and will be billed monthly as a percentage completed for each phase of the work. 2. Invoices will be mailed from Design Workshop’s office by the 10th of each month. Invoices are payable within 30 days of the date of billing. Invoicing shall be specific to each major task and will describe the completed portion of the services. 3. Extensive itemized breakdowns of hourly activities or provision of detailed backup for reimbursed expenses for accounting purposes are not a normal procedure; however, at the Client’s request, Design Workshop will provide this service at an hourly rate of $65 (sixty-five dollars) per hour. ACCEPTANCE 1. This Agreement is entered into between Design Workshop, Inc. and Binkley & Barfield, Inc. owner or reputed Page 278 of 288 Proposal for James Parkway and Puryear Drive Rehabilitation College Station, Texas 03/05/21 5 owner of the property to be benefited by Design Workshop’s services. 2. If this contract meets with your approval, please sign below and return one (1) copy for our file. 3. If this agreement is not accepted within two (2) months from the date of receipt, the offer to perform the described services may be withdrawn and Design Workshop may renegotiate this proposal. 4. The Client agrees that they have read and understood the Contract Provisions attached hereto and incorporated herein by reference. DESIGN WORKSHOP, INC. By: Date: Title: APPROVED BY CLIENT: By: Date: Title: Page 279 of 288                       Attachment F  CD&P Proposal for Public Engagement Services     Page 280 of 288 James Parkway and Puryear Drive Public Involvement Scope of Services March 4, 2021 CD&P will provide public engagement for the James Parkway and Puryear Drive rehabilitation design project, as a part of the Binkley & Barfield team. The goal of this effort is to reach out to the community and involve them in the process to develop a plan that fits within the context of the community and is supported by the public. CD&P will work with the team so that efforts are coordinated with the City of College Station. Task 1: Project Management and Coordination CD&P will participate in project coordination and status meetings throughout the project to allow the PI team to keep current on project progress and identify opportunities to engage or inform stakeholders of upcoming activities, milestones, and project status. A 12-month schedule is assumed. Tasks and Deliverables: • Attendance in progress meetings and/or written updates (up to 12) • Progress reports and invoicing (up to 6) Task 2: Community Engagement Plan CD&P will develop a Community Engagement Plan that outlines the objectives, tools, and timeline of the engagement process. The overall approach will be to inform, update, and define methods for collecting input from stakeholders through two rounds of outreach. First Round: Goals/visioning/existing conditions for Park Master Plan, present concept for public feedback, and share overview of road improvements Second Round: Share draft plan and gain feedback on prioritization beyond initial construction phase and any updates or changes to the roadway plans Key Message Development – As a part the Public Engagement Plan, we will work with the City to develop key messages for the project. These messages will include background information on the need for the project and considerations in the design phase. An overview of previous commitments from public input on the pool and park will be outlined along with a clear explanation of the limited phase 1 park scope and funding constraints for future amenities. It will also summarize how public input will be collected and used during the project. Key messages will be updated as needed and shared with the City and project team to help communicate in a consistent manner. Tasks and Deliverables: • Community Engagement Plan (draft and final) • Community Engagement schedule • Key Message development and updates Page 281 of 288 Task 3: Project Materials and Outreach Tools CD&P will develop informational materials to relay information about the purpose of the project, project development details, timeline, and status, and contact information. Information will be represented in an easy to follow format and when possible in a graphic representation. Materials will be created in English and if Spanish translation is needed CD&P can provide Spanish translation through a supplement to the contract. Materials may include but are not limited to a handouts, fliers, or fact sheets. Signage promoting participation in surveys and other engagement activities will be developed for posting at the park. Signage will include QR codes for online participation opportunities and may include comment and survey collection boxes for those who prefer paper. Content will be developed for use on the City’s website and the City will be responsible for uploading content. CD&P will also develop content and images for use on social media to be posted by the City and other stakeholders as well as information for media releases to be distributed by the City. CD&P will work with the team and City representatives to identify the most effective tools for gathering meaningful input at each phase. Tools may include surveys, mapping exercises, facilitated discussions, online forums, and others. Tools may be implemented in person or virtually. Tasks and deliverables: • Handouts (factsheets, FAQs, etc.) (up to 2 rounds) • Website content (up to 3 updates) • Social media content (up to 3 rounds of content) • Media release content (up to 3) • Signage for the park • Content and development for surveys or other public input tools Task 4: Stakeholder Communications A stakeholder database will be developed and updated throughout the project and include neighborhood contacts, park visitors and user groups, nearby businesses, and any interested individuals. We will build off the City’s contact list from previous efforts. Project status updates, meeting notices, and notices of opportunities to participate will be emailed to stakeholders in the database. CD&P will assist the City in providing responses to stakeholder inquiries by phone or email. It is assumed that a contact phone number and email will be provided by the City and communication will be shared with CD&P as needed. Tasks and Deliverables: • Stakeholder database and updates • Stakeholder communications • Email content for project updates and notices (up to 8) Page 282 of 288 Task 5: Meetings Small Group and Property Owner Meetings Our team will reach out to and make presentations to community groups such as neighborhood associations or groups that regularly use the park. We will also reach out to and meet with impacted property owners and other stakeholders as needed. CD&P will arrange, facilitate, and document meetings. Public Meetings – CD&P will plan, schedule, conduct, and facilitate up to 2 public meetings to share project information and collect feedback from community members and stakeholders. Tasks may include, but are not limited to meeting logistics, meeting announcements, holding meeting rehearsals, and facilitating meetings. CD&P will develop informative and appropriate meeting materials such as displays, presentation slides, and project handouts. CD&P will provide a meeting summary and documentation of community input. Public meetings may be held virtually or in person as circumstances allow. For virtual meetings, CD&P has several tools to facilitate meaningful engagement including live Zoom or Team meetings, recorded videos, and several online meeting platforms. We will work with the City and remain flexible to identify the best tools for each situation. Tasks and Deliverables: • Plan, coordinate, facilitate small group/owner meetings (up to 10) • Provide small group/owner meetings meeting summaries • Plan, promote, facilitate public meetings (up to 2 virtual or in person) • Develop meeting materials and exhibits • Provide summaries of public meetings and community input Page 283 of 288                       Attachment G  Eddie Hare Accessibility Specialist Standard Services and Fees        Page 284 of 288 EDDIE HARE-ACCESSIBILITY SPECIALIST TDLR/TAS Registered Accessibility Specialist #0008 5855 Foster Road * Bryan, Texas 77807 ehare@eddiehare.com (979) 775-6850 office * (979) 820-0149 cell REVISED December 2018 What and How to Submit a Project for Registration and/or Review I. Any project with an estimated cost of $50,000.00 or more is required to be registered, reviewed and inspected to ensure compliance with the Architectural Barrier Free Act. Texas Department of Licensing and Regulation under the authority of Texas Government Code, Chapter 469. II. A complete submittal consist of the following: a. Complete set of construction documents (Architectural/Civils/Mechanical/Specifications), all in electronic pdf content. b. A check made out to EDDIE HARE-ACCESSIBILITY SPECIALIST (see the fee schedule below)** c. Please submit project registration or the completed form, owners designated form and proof of submission, see the TDLR website to download or email us for the forms needed for your project. d. Forms and copies of the TAS Standards and/or Administrated Rules can be downloaded from the TDLR web site @ www.tdlr.texas.gov/ab/ab.htm III. Fee schedule is as follows: Cost of Project Registration fee Plan Review Inspection (100 total miles included) $50,000.00-199,999.00 $175.00 $315.00 $375.00 $200,000.00-499,999.00 $175.00 $380.00 $425.00 $500,000.00-999,999.00 $175.00 $445.00 $475.00 $1,000,000.00-4,999,999.00 $175.00 $575.00 $575.00 $5,000,000.00-9,999,999.00 $175.00 $625.00 $625.00 $10,000,000.00-14,999,999.00 $175.00 $725.00 $725.00 $15,000,000.00-24,999,999.00 $175.00 $825.00 $825.00 Over $25,000,000.00 call for quote. **We now accept all major credit cards please add 3.5% to the total** The inspection fee may be prepaid but not recommended. Inspection service fees include a 50-mile radius of the Bryan/College Station area in excess of the 100 mile round trip is per quote. Upon request, re-inspection of a Disapproved project is $175.00 an hour plus expenses. Preliminary Plan Review or an Accessibility Survey or a Plan Revision Review is also $175.00 an hour plus expenses or travel. If urgent attention is needed please call my mobile @ 979-820-0149. You may reach us via e-mail @ ehare@eddiehare.com or jhare@eddiehare.com . THE TEXAS DEPARTMENT OF LICENSING AND REGULATION CAN BE REACHED AT THE FOLLOWING: P.O. Box 12157 Austin, Texas 78711 or 512-463-6599 * 800-803-9202 or at the TDLR Web-site www.tdlr.texas.gov/ab/ab.htm, or email techinfo@license.state.tx.us THE REVIEW OF DOCUMENTS AS CONTRACT DOCUMENTS AND FIELD INSPECTIONS, BY THIS REGISTERED ACCESSSIBLITY SPECIALIST, EDDIE HARE, FOR THE TEXAS DEPARTMENT OF LICENSING AND REGULATION (TDLR), AUSTIN, TEXAS, IS BASED ON BEST EFFORTS ENDEAVOR FOLLOWING INSTRUCTION AND CERTIFICATION BY BOTH TDLR AND ICBO. PLAN REVIEW AND INSPECTION IN NO WAY WARRANTS COMPLETE COMPLIANCE TO THE TEXAS ACCESSIBLITY STANDARDS. THIS BUSINESS, THE PROFESSIONAL, HIS EMPLOYEES, AND CLIENT FOR WHOM THE REVIEW OR INSPECTION IS MADE AGREES TO HOLD HARMLESS AND INDEMNIFY THE REGISTERED ACCESSIBILTY SPECIALIST, EDDIE HARE, AND THE TDLR FROM AND AGAINST ANY LIABILITY ARISING FROM THE PERFORMANCE OF THE WORK Page 285 of 288 Page 286 of 288 Page 287 of 288 Page 288 of 288