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05/27/2021 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular 1101 Texas Ave, College Station, TX 77840 Internet:  https://zoom.us/j/99795561409 Phone 888 475 4499 and Meeting ID: 997 9556 1409  May 27, 2021 4:00 PM City Hall Council Chambers College Station, TX Page 1 This meeting will offer both in­person and remote participation following both the City’s  Guidelines for in­person and virtual attendance as adopted May 13, 2021, and the speaker  protocol in the agenda. Capacity in Council Chambers is limited and those signing up to  speak will have reserved seating. In the event maximum capacity is reached citizens may  attend the meeting virtually as provided on the meeting agenda. 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.        2.Executive Session is Closed to the Public and Will Be Held in the Administrative  Conference Room. The Open Meeting Will Resume No Earlier Than 5:00 PM.     Consultation with Attorney {Gov’t Code Section 551.071};  Possible action. The City Council may seek advice from its attorney regarding a pending or  contemplated litigation subject or settlement offer or attorney­client privileged information. Litigation  is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which  needs to be discussed with the City Council. Upon occasion the City Council may need information  from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or  attorney­client privileged information. After executive session discussion, any final action or vote  taken will be in public. The following subject(s) may be discussed.  Litigation  a. Kathryn A. Stever­Harper as Executrix for the Estate of John Wesley Harper v. City of College  Station and Judy Meeks; No. 15,977­PC in the County Court No. 1, Brazos County, Texas  b. McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17­ 000914­CV­361; In the 361st District Court, Brazos County, Texas c. City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of  Susan M. Wood, Deceased; Cause No. 17­002742­CV­361; In the 361st District Court, Brazos  County, Texas d. City of College Station v. Brazos Re Investors Group, LLC. Cause No.612­CC; In the County  Court at Law No. 1 of Brazos County, Texas. Legal Advice  a. Legal advice concerning conflicts of interest and other ethics requirements.  Page 1 of 197  City Council Regular Page 2 May 27, 2021 Personnel {Gov’t Code Section 551.074};  Possible action. The City Council may deliberate the appointment, employment, evaluation,  reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion,  any final action or vote taken will be in public. The following public officer(s) may be discussed:  a. City Manager b. Council Self­Evaluation Competitive Matters {Gov't Code Section 551.086);  Possible action. The City Council may deliberate, vote, or take final action on a competitive matter as  that term is defined in Gov't Code Section 552.133 in closed session. The following is a general  representation of the subject matter to be considered:   a. Power Supply    3.Reconvene from Executive Session and Take Action, if Any.        4.Pledge of Allegiance, Invocation, and Consider Absence Request.     Speaker Protocol  An individual who wishes to address the City Council regarding any item on the agenda other than  those items posted for Executive Session shall register with the City Secretary two (2) hours prior to  the meeting being called to order. 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 979­764­ 3500. Upon being called to speak an individual must state their name and city of residence, including  the state of residence if the city is located out of state. Speakers are encouraged to identify their  College Station neighborhood or geographic location. 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.     5.Workshop Items.     5.1.Presentation, discussion, and possible action regarding building, land use, and other options to  preserve the integrity of neighborhoods.   Sponsors:Michael Ostrowski  Attachments:None 5.2.Presentation, discussion, and possible action related to the feasibility survey findings of a  College Station Community Recreation Center in collaboration with the YMCA of Greater  Williamson County.  Sponsors:Steve Wright  Attachments:None    6.Presentation ­ Proclamations, Awards, and Recognitions.     6.1.Presentation of Historic Marker 106 by the Historic Preservation Committee to the  Vincent family for their residence at 314 Pershing Avenue.  Sponsors:HPC Chairperson Gerald Burgner  Attachments:None Page 2 of 197  City Council Regular Page 3 May 27, 2021 6.2.Recognition of Historic Texas Cemetery certificates from the Texas Historical Commission by  the Historic Preservation Committee.  Sponsors:HPC Chairperson Gerald Burgner  Attachments:None    7.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.     8.Consent Items.     Presentation, discussion, and possible action on consent items which consist of ministerial or  "housekeeping" items as allowed by law. A Councilmember may request additional information at  this time. Any Councilmember may remove an item from Consent for discussion or a separate vote.  8.1.Presentation, discussion, and possible action of minutes for: • May 13, 2021 Council Meeting  Sponsors:Tanya Smith  Attachments:1.CCM051321 DRAFT Minutes 8.2.Presentation, discussion, and possible action regarding the second and final renewal of a  general service contract for city­wide mowing and landscape maintenance to Green Teams,  Inc. with a not to exceed amount of $1,108,394.   Sponsors:Pete Caler  Attachments:1.19300409R2_­­_BW_(CC5.27.21) renewal letter signed 8.3.Presentation, discussion, and possible action regarding the award of the Annual Concrete  Curb, Gutter and Flatwork installation to Larry Young Paving, Inc. in an amount not to exceed  $3,455,000 to maintain City infrastructure.   Sponsors:Pete Caler  Attachments:1.21­033 Bid Tabulation 8.4.Presentation, discussion, and possible action on a five (5) year lease agreement with Texas  Commercial Waste for refuse containers for an annual estimated expenditure of $217,012.80  and a total contract value of $1,085,064.  Sponsors:Pete Caler  Attachments:1.Container Lease Agreement No.21300465 8.5.Presentation, discussion, and possible action on an ordinance amending Chapter 38 “Traffic  and Vehicles,” Article VI, “Traffic Schedules,” Section 38­1011 “Traffic Schedule XI" to not allow  U­turns on Nueces Drive near FM 2818.     Sponsors:Troy Rother  Attachments:1.CH 38 No U­turn Nueces Ord 2.Map ­ no U­turn on Nueces Drive Page 3 of 197  City Council Regular Page 4 May 27, 2021 8.6.Presentation, discussion, and possible action regarding a development agreement between the  City of College Station and OGG Greens Prairie Investors, Inc. for the cost participation by  OGG Greens Prairie Investors, Inc. in the City’s Greens Prairie Road Phase 2 Widening  Project.   Sponsors:Emily Fisher   Attachments:1.Project Map 2.FINAL GPR Diamondback Dr Participation Agreement wExhibits_10­26­ 2020 8.7.Presentation, discussion, and possible action regarding an ordinance to rename Royder Road  to Old Royder Road from the realigned roadway to Victoria.   Sponsors:Emily Fisher  Attachments:1.Exhibit Map 2.Ordinance (Royder Phase 2)_rev_4­30­2021 8.8.Presentation, discussion, and possible action regarding an agreement between the City of  College Station and Union Pacific Railroad Company to reconstruct and widen the existing  permitted Rock Prairie railroad crossing.   Sponsors:Emily Fisher  Attachments:1.Project Map 2.1621­25 Public Highway At Grade Crossing­signal revised 8.9.Presentation, discussion, and possible action regarding the appointments of the Board of  Directors for Rock Prairie Management District No. 2.  Sponsors:Tanya Smith, Aubrey Nettles   Attachments:1.City of College Station Letter Requesting Appointment of Directors (5­ 13­21) RPMD2 2.Biographical Sketch ­ Logan Lee (RPMD 2) 3.Biographical Sketch ­ Samuel Kerbel (RPMD 2) 8.10.Presentation, discussion, and possible action on an ordinance amending Chapter 6 Animals,  Sections 1 and 12 regarding the sale of dogs and cats.   Sponsors:Chris Perkins  Attachments:1.CH 6 Animals Pet Store Ordinance    9.Regular Items.     9.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating  and abandoning a 20­foot wide, 2,775 square foot Public Utility Easement lying within the  Samuel Davidson League, Abstract No.13, being a portion of the remainder of a called 171.043  acre tract described as Tract One by a deed to Creek Meadows Partners, L.P. recorded in  Volume 7068, Page 220, of the Official Records of Brazos County, Texas.  Sponsors:Erika Bridges   Attachments:1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 4 of 197  City Council Regular Page 5 May 27, 2021 9.2.Presentation, discussion, and possible action regarding a resolution to support and authorize  the submission of a grant application to the Texas Department of Transportation to implement  the George Bush Drive (FM 2347) Separated Bike Lanes Project.  Sponsors:Venessa Garza  Attachments:1.Map (FM 2347) 2.FM 2347 Resolution 9.3.Presentation, discussion, and possible action regarding a resolution to support and authorize  the submission of a grant application to the Texas Department of Transportation to implement  the Harvey Mitchell Parkway (FM 2818) Shared­use Path Project.  Sponsors:Venessa Garza  Attachments:1.Map (FM 2818) 2.FM 2818 Resolution 9.4.Presentation, discussion, and possible action regarding a Semi­Annual Report on System­Wide  Impact Fees for Water, Wastewater, and Roadway.  Sponsors:Carol Cotter  Attachments:1.Impact Fee Semi­Annual Report with Attachments    10.Council Calendar ­ Council May Discuss Upcoming Events.        11.Items of Community Interest.     The Council may receive reports from a Council Member or City Staff about items of community  interest for which notice has not been given, including: expressions of thanks, congratulations or  condolence; information regarding holiday schedules; honorary or salutary recognitions of a public  official, public employee, or other citizen; reminders of upcoming events organized or sponsored by  the City of College Station; information about a social, ceremonial or community event organized or  sponsored by an entity other than the City of College Station that is scheduled to be attended by a  Council Member, another city official or staff of the City of College Station; and announcements  involving an imminent threat to the public health and safety of people in the City of College Station  that has arisen after the posting of the agenda.     12.Council Reports on Committees, Boards, and Commissions.     A Council Member may make a report regarding meetings of City Council boards and commissions  or meetings of boards and committees on which a Council Member serves as a representative that  have met since the last council meeting. (Committees listed in Coversheet)    13.Future Agenda Items and Review of Standing List of Council Generated Future Agenda  Items.     A Council Member may make a request to City Council to place an item for which no notice has been  given on a future agenda or may inquire about the status of an item on the standing list of council  generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry  will be limited to a statement of specific factual information related to the request or inquiry or the  recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about  the subject of a request will be limited to a proposal to place the subject on the agenda for a  subsequent meeting.  Page 5 of 197 City Council Regular Page 6 May 27, 2021 Adjourn. The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website and at College Station City Hall,  1101 Texas Avenue, College Station, Texas, on May 21, 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 6 of 197 May 27, 2021 Item No. 5.1. Building, land use, and other options to preserve the integrity of neighborhoods. Sponsor:Michael Ostrowski, Director of Planning and Developement Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding building, land use, and other options to preserve the integrity of neighborhoods. Relationship to Strategic Goals: Neighborhood Integrity Recommendation(s): Provide direction on which options staff should explore further. Summary: At the March 11, 2021, City Council meeting, the City Council requested discussion on other options beyond the Neighborhood Conservation Ordinance that the City could consider to help preserve or promote neighborhood integrity. Staff will present several building, land use, and other options for the City Council to consider. Budget & Financial Summary: N/A Attachments: None Page 7 of 197 May 27, 2021 Item No. 5.2. YMCA Survey Results Sponsor:Steve Wright Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action related to the feasibility survey findings of a College Station Community Recreation Center in collaboration with the YMCA of Greater Williamson County. Relationship to Strategic Goals: - Core Services and Infrastructure - Neighborhood Integrity Recommendation(s): None at this time. Summary: Staff will present a high-level overview of the survey results conducted by FourSquare in 2020. The firm was hired to review the market readiness of a community recreation center. The discussion will highlight technique, targeted area and results. Budget & Financial Summary: None at this time. Attachments: None Page 8 of 197 May 27, 2021 Item No. 6.1. Historic Marker 106 to 314 Pershing Avenue Sponsor:HPC Chairperson Gerald Burgner Reviewed By CBC:Historic Preservation Committee Agenda Caption:Presentation of Historic Marker 106 by the Historic Preservation Committee to the Vincent family for their residence at 314 Pershing Avenue. Relationship to Strategic Goals: Good Governance Recommendation(s): Council should receive this presentation. Summary: Requested by HPC Chairperson Gerald Burgner. Budget & Financial Summary: None. Attachments: None Page 9 of 197 May 27, 2021 Item No. 6.2. State Historic Cemetery Certificates Sponsor:HPC Chairperson Gerald Burgner Reviewed By CBC:Historic Preservation Committee Agenda Caption:Recognition of Historic Texas Cemetery certificates from the Texas Historical Commission by the Historic Preservation Committee. Relationship to Strategic Goals: Good Governance Recommendation(s): Council should receive this presentation. Summary: The Historic Preservation Committee has undertaken the documentation of certain individuals interred in the College Station Cemetery located on Texas Avenue. During that research, it was discovered that there were two older sections of that cemetery that preceded the current City of College Station Cemetery - Shiloh Cemetery and Salem Cemetery, both of which are managed by the City within the College Station Cemetery proper. The HPC applied for, and received, individual designations as a Historic Texas Cemetery for all three sections from the Texas Historical Commission. Budget & Financial Summary: None. Attachments: None Page 10 of 197 May 27, 2021 Item No. 8.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • May 13, 2021 Council Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Attachments: 1.CCM051321 DRAFT Minutes Page 11 of 197 CCM051321 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION MAY 13, 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: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present. With a quorum present, the Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 4:01 p.m. on Thursday, May 13, 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, §551.074- Personnel, §551.086-Competitive Matters, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:01 p.m. on May 13, 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 12 of 197 CCM051321 Minutes Page 2 City of College Station v. Brazos Re Investors Group, LLC. Cause No.612CC; In the County Court at Law No. 1 of Brazos County, Texas. B.Consultation with attorney to receive legal advice; to wit: Legal advice concerning conflicts of interest and other ethics requirements. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation City Attorney D. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: Power Supply E. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: Economic incentives for potential projects located generally in the area southeast of the intersection of Rock Prairie Road and State Highway 6 in College Station. 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. Pledge of Allegiance, Invocation, consider absence request. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to accept Mayor Mooney’s absence request for April 8, 2021. The motion carried unanimously. 5.Workshop Items 5.1. Presentation, discussion, and possible action regarding a presentation of the Northgate District Study and Operations Plan. Debbie Eller, Community Services Director, presented an overview of the scope of the project, issues identified to be study, and resulting implementation items and recommendations made by the consultant team. Funding for the Northgate District Study and Operations Plan was included in the FY2018 budget. Responses to an RFP released in January 2019 were evaluated and WGI (Big Red Dog) was selected as the consultant. Key Issues Operations – Day-to-Day & Late Night Design Elements Pedestrian & Roadway Issues Page 13 of 197 CCM051321 Minutes Page 3 Wayfinding TNC Operations/Commercial Loading Public Areas Planning Level Considerations Parking Supply, Demand, & Pricing Funding Options Revenue – Current Revenue – Possible Changes TAMU Parking Rate Comparison Allocate Incremental Growth of Property Values Public Improvement District (PID)* Tax Increment Revitalization Zone (TIRZ) Council Consideration Adopt the Northgate Mobility Study and Operational Plan Provide guidance on priorities Path for moving forward Council directed staff to move forward on the implementation of the Northgate District Study Plan as presented. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt the Northgate Mobility Study and Operational Plan as presented. The motion carried unanimously. 5.2. Presentation, discussion, and possible action regarding the FY21 proposed debt issuance. Mary Ellen Leonard, Finance Director, presented the status of the proposed FY21 debt issuance, the proposed issuance parameters, and some options related to changes in the FY21 debt issuance. The ordinances related to the parameters for issuance of certificates of obligation, series 2021 are scheduled to be brought to Council for approval on June 10, 2021. Mrs. Leonard explained that staff has strategically evaluated the impact of the series 2021 Certificates on the City’s ability to meet debt service requirements and the effect they may have on the ad valorem tax rate. The project savings and rescheduling have resulted in a change in the parameters as originally budgeted.. Also, the impact on the tax rate and utility rates has been reviewed based on the most current information and will continually be reviewed as part of budget preparation. The recommendation is to move forward with this issuance with the revised parameters as presented Public Debt Management Strategy Establish Policies- Step 1 Budget and Finance Policy reviewed and approved by Council during Budget annually including: Minimize risks and borrowing costs Maintain maximum borrowing period Maintain high rating Consistent debt tax rate unless directed by Council Page 14 of 197 CCM051321 Minutes Page 4 Gather Needs - Step 2 Maintain comprehensive list of community needs Schedule projects to meet existing resources Review needs on a regular basis Evaluate Resources - Step 3 One penny on debt rate finances $12-$13M of capital needs Know timing of debt repayments Evaluate refinancing at each availability Evaluate Strategy - Step 4 Maintain long-term forecast (10+ years) Adjust schedule for changes in needs and timing projections MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted three (3) for and four (4) opposed, with Mayor Mooney, Councilmembers Cunha, Harvell, and Nichols voting against, to remove the Greens Prairie Road from the FY21 Debt Issuance and apply that amount of funding to the proposed Southeast Ball Park making up any shortfall in the ballpark with HOT funds. The motion failed. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted three (3) for and four (4) opposed, with Councilmembers Cunha, Brick, Maloney, and Crompton voting against, to approve the FY21 proposed debt issuance. The motion failed. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmembers Cunha voting against, to approve the FY21 proposed debt issuance with the park being high priority. The motion carried. 5.3. Presentation, discussion, and possible action regarding options for the Lick Creek Hike and Bike Trail crossing at Midtown Drive. Emily Fisher, Assistant Director Capital Projects, presented options for the Lick Creek hike and bike trail at Midtown Drive. The underpass crossing opened in 2019, and since then, there has been an increase in silt deposits on the trail underneath the bridge. Staff has researched various options to improve or move the crossing and the associated costs. Option 1 – Raise Trail Raise trail 2 feet to maintain clearance Install clearance signs $100,000 - $120,000 Option 2 – At Grade Crossing Bring trail up to Midtown Drive Install pedestrian median refuge Electrical work for Rapid Flashing Beacon (RFB) $250,000 - $300,000 Page 15 of 197 CCM051321 Minutes Page 5 Mayor recognized a consensus of Council and directed staff to move forward with Option 2 to raise the trail. 5.4. Presentation, discussion, and possible action regarding an ordinance amending Chapter 6 Animals, Sections 1 and 12 regarding the sale of dogs and cats. Chris Perkins, College Station Police Department, stated that this item was requested by Council at the February 11th meeting. The proposed ordinance would prohibit pet stores from selling dogs and cats unless they were obtained from a city or county animal shelter or rescue organization. Mr. Perkins explained that we join a growing list of more than 370 other localities and three states that have legislated similar bans. In Texas, we join San Antonio, Austin, Fort Worth, The Colony, El Paso, and Waco to name a few. Currently, HB1818 is advancing through the Texas Legislature which is very similar to the proposed amendment and ordinance. The proposed ordinance does not affect private sales by breeders. Proposed Additions - Section 6.1 – Definitions Animal Rescue Organization - a nonprofit established for the purpose of providing a safe harbor for animals and adopting them to responsible persons. Pet Shop or Store - a brick-and-mortar establishment where animals are kept or stored for sale. Proposed Ordinance - Section 6.12. – Sale of Animals Ordinance would be amended to state that a pet shop or store shall not sell or transfer a dog or cat unless it was obtained from a city or county animal shelter or rescue. Pet shops or stores would be required to clearly display the name, address, and contact information of the shelter or rescue from which the animal was obtained. Additionally, the shop or store would be required to retain those records for a period of 3 years after the sale. The outdoor sale of animals will continue to be prohibited (as per current ordinance). At approximately 7:38 p.m., Mayor Mooney opened for Citizens Comments. Judy LeUnes, College Station, came before Council to speak in favor of this item. She believes that banning these sales will support more humane treatment of animals and provide better pets overall. Stephanie Walker, Bryan, came before Council to support this item and encourage its passage as presented. Tyra Watts, Bryan, came before Council in support of the proposed ordinance. Ms. Watt spoke about the former “Puppy Station” located in the Post Oak Mall which was closed. Arnold LeUnes, College Station, came before Council to support the proposed ordinance and stated that passing this ordinance will increase the quality of life in College Station Martha Trotter, Bryan, stated she is support of the proposed ordinance amending Chapter 6 Animals, Sections 1 and 12 regarding the sale of dogs and cats. There being no comments, the Citizens Comments was closed at 7:50 p.m. Page 16 of 197 CCM051321 Minutes Page 6 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, move forward with the draft proposed ordinance amending Chapter 6 Animals, Sections 1 and 12 regarding the sale of dogs and cats as presented. The motion carried unanimously. At 7:52 p.m., the Mayor recessed the Council meeting. The Council meeting reconvened at 8:00 p.m. 6.Presentation - Proclamations, Awards, and Recognitions. 6.1. Mayor Mooney presented a proclamation proclaiming May 2-8, 2021 as Municipal Clerks Week. 6.2. Mayor Mooney presented a proclamation to the Public Works Department, proclaiming May 16- 22, 2021 as National Public Works Week. 6.3. Mayor Mooney presented a proclamation proclaiming May as National Bike Month. 7.Hear Visitors Comments Ashton Shinedling, College Station, came before Council to share his thoughts on Section 8 Housing and how this type of housing does not need to be in student and family neighborhoods. He stated that Section 8 Housing increases crime in these areas and he proposed different ideas to help eliminate crime in student and family-owned neighborhoods. 8.CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. No items were pulled for discussion. 8.1. Presentation, possible action, and discussion of minutes for: April 19, 2021 Special Meeting April 22, 2021 Workshop Meeting April 22, 2021 Regular Meeting 8.2. Presentation, discussion, and possible action on contract renewal 2 for the annual price agreement of Equipment Rental for all City departments. The total recommended award is for One Hundred Fifty Thousand and zero cents ($150,000) for the Annual Price Agreement for the Rental of Equipment from Mustang Rental Services. 8.3. Presentation, discussion, and possible action regarding approval of the City’s Annual Price Agreements for Electric Warehouse Inventory of Di Electric Switchgears with an estimated annual expenditure in the amount not to exceed $2,351,155 awarded to Techline, Inc. Page 17 of 197 CCM051321 Minutes Page 7 8.4. Presentation, discussion, and possible action regarding Resolution No. 05-13-21-8.4 directing the Tax Office to calculate the voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration. 8.5. Presentation, discussion, and possible action to approve the provision of services by Global Payments Direct, Inc. for Merchant Card and Credit Card Payment Processing Services by approving Renewal No. 2 and Amendment No. 3 for a total estimated annual expenditure amount of $365,000. 8.6. Presentation, discussion, and possible action regarding the award of RFP 21-021, Electric Underground Construction and Maintenance Services as Assigned for a total not to exceed amount of $750,000 to the Infratech Corporation. 8.7. Presentation, discussion, and possible action on agreements with Kudelski Security, Inc. for the annual IT penetration testing services for an amount not to exceed $90,210; on a three- year agreement with Kudelski Security, Inc. for Security Operations Center (SOC) services not to exceed $264,690, with both agreements totaling $354,900; and on a zero-dollar mutual non- disclosure agreement with Kudelski Security, Inc. 8.8. Presentation, discussion, and possible action regarding approval of the City’s Annual Price Agreements for Electric Warehouse Inventory of Distribution Conductor with estimated annual expenditure in the amount not to exceed $1,264,275, awarded to Techline, Inc. 8.9. Presentation, discussion, and possible action regarding the second lease amendment with JAR Capital Investments, LLC, amending the original lease by extending the term for leased space at 511 University Drive East. 8.10. Presentation, discussion, and possible action regarding a construction contract in the amount of $143,576.80 with Brazos Paving, Inc. for the Northgate Bollard project. 8.11. Presentation, discussion, and possible action regarding Change Order No. 1 in the amount of $126,859.60 to the construction contract with Elliott Construction for the Woodson Village Rehabilitation project. 8.12. Presentation, discussion, and possible action regarding Change Order No. 1 deducting the amount of $87,395.36 from the professional services contract with Freese and Nichols, Inc. for the Lick Creek Trunkline Project. 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 the Consent Items. The motion carried unanimously. 9. REGULAR ITEMS 9.1 Presentation, discussion, and possible action regarding a request for financial support from Unlimited Potential to purchase and rehabilitate the property at 1115 Anderson to be utilized as a facility that would provide supportive services to young adults who have aged out of the foster care system, to include mentoring, life skills development, and transitional housing. Page 18 of 197 CCM051321 Minutes Page 8 Debbie Eller, Community Services Director, stated that the mission of Unlimited Potential (UP) is to support former foster youth to become independent and successful adults through position relationships, individualized support and education, and connection with community resources. The vision is a future in which foster youth are empowered to reach their full potential. Mrs. Eller explained that the UP began in 2014 under the Court Appointed Special Advocate program, serving both current and former foster youth ages 16 - 24. Receiving its non-profit status in May of 2018, UP narrowed its focus to serve only former foster youth ages 18 - 25. Originally envisioned strictly as a mentoring program, it has quickly grown into much more. Each year 1,500 Texas youth leave the foster care system after they turn 18. Often without any support from family or friends, former foster youth are on their own to navigate independence and adulthood. Statistics show that after reaching the age of 18: 20% of the youth will become homeless Only 1 out of 2 will have some form of gainful employment by the age of 24 7 out of 10 girls will become pregnant by the age of 21 30% of all Texas foster youth leave foster care with a diagnosis of Post-Traumatic Stress Disorder (PTSD) Less than a 3% chance these young adults will earn a college degree Within 2 years of aging out of the system, 25% will become involved with the criminal justice system Mrs. Eller went on to say that other local program is dedicated to former foster youth facing these daunting numbers. By helping with housing, offering important life skills, education, and providing a stable, positive, adult mentor, UP can mitigate the problems that plague foster youth. If Council will consider providing direction to staff to work with Unlimited Potential in preparing a full application to be considered for approval by Council and then for submission to the U. S. Department of Housing and Urban Development for a Section 108 loan to facilitate this project. Application preparation will include full project information, form of assistance, organization arrangements, financial underwriting, construction estimates and timeline, and documentation of compliance with federal program requirements. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve a request for financial support from Unlimited Potential to purchase and rehabilitate the property at 1115 Anderson to be utilized as a facility that would provide supportive services to young adults who have aged out of the foster care system, to include mentoring, life skills development, and transitional housing. The motion carried unanimously. 9.2 Presentation, discussion, and possible action regarding an appointment to the Brazos Valley Economic Development Corporation. Tanya Smith, City Secretary, stated that Johnny Burns currently serves as College Station’s citizen appointee to the Brazos Valley Economic Development Corporation. Mr. Burns' term expires May 2021. This is a 3-year term, and the Council may reappoint or discuss recommendations by Council. Also, at the January 14, 2021, Council Meeting during the Appointments of Councilmembers to Boards and Committees item, Councilmember Dennis Maloney was reappointed to the Brazos Valley Economic Development Corporation at that time. Page 19 of 197 CCM051321 Minutes Page 9 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to appoint Caleb Holt to the Brazos Valley Economic Development Corporation. The motion carried unanimously. 9.3 Presentation, discussion, and possible action regarding Ordinance No. 2021-4262 amending Chapter 6, Sec. 6-147 regarding keeping of fowl within the city limits. Billy Couch, Police Chief, stated Council requested information from staff pertaining to the keeping of fowl in the city limits of College Station and the recommendations come from a previous presentation at a workshop. Council recommendations Consider enclosure range of 50 feet from neighboring residential structures Consider limitations on number of fowl maintained in enclosure. Keeping Fowl in Enclosures Any enclosure that houses fowl must be at least 50 feet from any dwelling other than the dwelling occupied by the owner of the fowl Any enclosure at 50 to 100 feet may house up to 6 fowl. Any enclosure greater than 100 feet may house up to 12 fowl. Nuisance section added Nuisance. A person commits and offense and it is declared a nuisance and may be enforced 5,000 feet outside the City limits, if a person keeps foul in any way that creates odor, unreasonable noise that would annoy or disturb a person of ordinary sensibilities, attracts pests, or endangers the health, safety, comfort or repose of any person. MOTION: Upon a motion made by Councilmember Cunha and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4262, amending Chapter 6, Sec. 6-147 regarding keeping of fowl within the city limits. The motion carried unanimously. 9.4 Presentation, discussion, and possible action regarding adoption of the 2021 Council Strategic Plan. Bryan Woods, City Manager, stated that the 2021 update to the City Council Strategic Plan has been prepared in accordance with Council discussion and direction at the Council Retreat held on February 5, 2021. The proposed plan includes some modifications to reflect Council priorities and includes FY 22 strategies under each of the goal areas. Mr. Woods explained that the proposed list of FY 22 strategies was presented to Council during a Workshop presentation on April 22, 2021. Brian Piscacek, Assistant to the City Manager, presented the following revisions: Content Revisions Good Governance The city will televise, livestream, and record council workshop and regular meetings. In light of the COVID-19 pandemic, the city will implement strategies to safely and effectively engage with the public. Page 20 of 197 CCM051321 Minutes Page 10 Financial Sustainability The city will share information and communicate with citizens about the city’s fiscal issues through various media outlets. Core Services & Infrastructure The city will explore potential partnerships to enhance core services. The city will share information and communicate with citizens about core services and infrastructure through owned, earned and paid media. Neighborhood Integrity The city has reduced strives to mitigate the negative impacts of neighborhood neglected properties. The city will continue to support and partner with homeowner and neighborhood associations to proactively address their issues and concerns priorities and interests. Diverse & Growing Economy The city will support efforts to expand and enhance broadband internet services. The city will maintain comparable utility rates. The city will protect properties from crime and property damage. The city will promote the College Station brand through business recruitment and destination marketing efforts. The city will continue to develop and promote signature events, features, and venues for residents and visitors. Improving Mobility The city will ensure that streets have features that promote pedestrian and bicycle safety. Sustainable City The city will invest in co-production in service delivery where applicable. The city will identify strategies to utilize publicly owned land for future investments. Proposed FY 22 Strategic Initiatives Good Governance Evaluate the existing boards and commissions to supplement city efforts for outreach and guidance. Strengthen partnerships with TAMU and the TAMU System and identify ways for further collaboration. Enhance volunteer engagement to promote safe and successful activities and events. Financial Sustainability Ensure the proper application of all applicable sales tax revenues as online retail growth continues. Respond effectively to the operational and fiscal challenges related to the COVID-19 pandemic. Page 21 of 197 CCM051321 Minutes Page 11 Core Services & Infrastructure Identify potential partnerships to provide “quality of life” amenities. Support local transit authority operations. Neighborhood Integrity Support proactive solutions to neighborhood concerns or issues. Examine prospective scenario from the adopted 10-Year Comprehensive Plan Evaluation & Appraisal Report and its effect on neighborhood redevelopment Diverse & Growing Economy Expand and enhance broadband internet services. Pursue investments in tourism and hospitality, encouraging business growth and visitor stays. Promote the College Station brand. Develop and promote signature events, features, and venues for residents and visitors. Improving Mobility Expand multi-modal alternatives to mitigate increasing traffic congestion. Promote a well-connected system of residential streets. Sustainable City Encourage investments in publicly owned land to benefit future generations of residents and visitors. Efficiently utilize existing resources for significant short- and medium-term impact, leading to long-term value. Examine ways to utilize co-production for service delivery. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, adoption of the 2021 Council Strategic Plan. The motion carried unanimously. 9.5 Presentation, discussion, and possible action regarding Ordinance No. 2021-4263 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Bryan Woods, City Manager, stated that on May 7, 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, February 8, 2021, March 8, 2021, and April 6, 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 Mayor Mooney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4263, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. Page 22 of 197 CCM051321 Minutes Page 12 9. Council Calendar Council reviewed the calendar. 10. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Harvell reported on Historic Preservation Committee. 11.Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council Member’s or City Staff’s response to the request or inquiry will be limited to a statement of specific factual information related to the request or inquiry or the recitation of existing policy in response to the request or inquiry. Any deliberation of or decision about the subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. No future Agenda Items were discussed. The College Station City Council reconvened into Executive Session at 9:20 p.m. on May 13, 2021, in order to continue discussing matters listed above in the minutes. Executive Session recessed at 10:11 p.m. no vote or action was taken in Executive Session. 12.Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 10:11 p.m. on Thursday, May 13, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 23 of 197 May 27, 2021 Item No. 8.2. City Wide Landscape Maintenance Contract Sponsor:Pete Caler, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the second and final renewal of a general service contract for city-wide mowing and landscape maintenance to Green Teams, Inc. with a not to exceed amount of $1,108,394. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends renewal of contract 19300490-Renewal #2 to Green Teams, Inc. in the amount of $1,108,394 for city-wide mowing and landscape maintenance. Summary: In 2019 staff solicited proposals for all of the City’s mowing and landscape maintenance services (except regional parks and athletic fields). Request for Proposals solicited from contractors for mowing and landscape maintenance were divided into five (5) categories: 1) Facilities – city buildings and Northgate District 2) Electric – CSU electric substations and buildings 3) Water/Wastewater – CSU water and wastewater sites 4) Parks – includes neighborhood parks and cemeteries 5) Finish mowing – primarily street right of ways and medians Six vendors responded to RFP 19-021. Green Teams, Inc. was selected as the most responsible bidder to provide all city-wide mowing and landscape services. The Green Teams, Inc. contract is in the amount of $1,108,394. This is the second of two possible renewals. Budget & Financial Summary: Operation and maintenance funds are budgeted in the General Fund (Streets, Facilities and Parks), Electric Fund, and Water/Wastewater Funds for citywide mowing needs. Attachments: 1.19300409R2_--_BW_(CC5.27.21) renewal letter signed Page 24 of 197 CONTRACT & AGREEMENT ROUTING FORM __Original(s) sent to CSO on _____ Scanned into Laserfiche on _________ ____Original(s) sent to Fiscal on ________ CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE 19300490R2 19-021 Annual Landscaping Maintenance and Mowing Green Teams, Inc 1,108,394.00 n n n n n n 2 Funding is available in the appropriate budge line items for all of the funds relating to this contract. N/A 5/27/21 N/A N/A N/A N/A N/A 4/14/2021 Page 25 of 197 CONTRACT # 19300490 RENEWAL 2 ACCEPTANCE As indicated by the signatures below, the Parties acknowledge and agree to RFP#19-021, Renewal #2, Mowing and Landscape Services for the City of College Station, in accordance with all terms and conditions previously agreed to and accepted and as revised in the new contract, for an amount not to exceed One Million One Hundred Eight Thousand Three Hundred Ninety-Four and 00/100 dollars ($1,108,394.00). The Vendor contract renewal and pricing as proposed will become effective June 15, 2021, upon City Council review, approval and execution of this renewal and new contract. The Parties understand that this renewal term will be for the period beginning June 15, 2021 through June 15, 2022. This is the final renewal for this contract. GREEN TEAMS INC. CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: ________________ Date: APPROVED: City Attorney Date: _____________ Asst. City Manager/CFO Date: _____________ 4/14/2021 CFO Len Gallagher Page 26 of 197 INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE FCCI Insurance Company Texas Mutual Insurance Company 04/05/2021 The Nitsche Group 143 East Austin Giddings, TX 78942-3299 979 542-3666 Lynn Thompson 979 542-3666 LynnT@TheNitscheGroup.com Green Teams Inc. 731 Industrial Blvd Bryan, TX 77803-2016 10178 22945 A X X X PD Ded:1,000 X X CPP10006458300 01/01/2021 01/01/2022 1,000,000 500,000 5,000 1,000,000 2,000,000 2,000,000 A X X Drive Oth Car X X CA10006458400 01/01/2021 01/01/2022 1,000,000 A X X X 0 UMB10006458500 01/01/2021 01/01/2022 5,000,000 5,000,000 B N 0001118856 01/01/2021 01/01/2022 X 1,000,000 1,000,000 1,000,000 ** General Liability Information ** Job#: 1 Miscellaneous Coverage - Commercial Property - Pol.# CPP10006458300 (See Attached Descriptions) City of College Station 1101 Texas Ave. PO Box 9960 College Station, TX 77840 1 of 3 #S920742/M920741 GREENTEAClient#: 603 358 1 of 3 #S920742/M920741 Page 27 of 197 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Form Information Form: PFDEC Edt. Date: 01/01/97 Form Description: Comm Property Cov Part Supp Dec Form: PFSCHED Edt. Date: 01/01/97 Form Description: Comm Property Cov Part Ext of Supp Dec Form: PFMORT Edt. Date: 01/01/97 Form Description: Schedule of Mortgage Holders Form: CP0010 Edt. Date: 10/01/12 Form Description: Building & Personal Property Coverage Form: CP0090 Edt. Date: 07/01/88 Form Description: Commercial Property Conditions Form: CP0140 Edt. Date: 07/01/06 Form Description: Excl Of Loss Due To Virus Or Bacteria Form: CP0142 Edt. Date: 03/01/12 Form Description: Texas Changes Form: CP1036 Edt. Date: 10/01/12 Form Description: Limitations On Covg For Roof Surfacing Form: CP1030 Edt. Date: 09/01/17 Form Description: Causes Of Loss - Special Form Form: CP1218 Edt. Date: 10/01/12 Form Description: Loss Payable Provisions Form: CP1615 Edt. Date: 07/01/88 Form Description: Statement of Values Form: CFR006 Edt. Date: 02/01/10 Form Description: Equipment Breakdown Coverage Form: CFP022 Edt. Date: 06/01/16 Form Description: First Choice Contractors Prop W/Bi & Ee Form: CFP033 Edt. Date: 01/01/12 Form Description: Texas Changes ** Workers Comp Information ** Blanket Waiver of Subrogation Form# WC420304B Blanket 30 days NOC Form# WC420601 Miscellaneous Coverage - Business Automobile - Pol.# CA10006458400 Form Information Form: CODEC Edt. Date: 10/01/13 Form Description: Common Policy Declarations Form: FormSched Edt. Date: 01/01/97 Form Description: Schedule Of Forms And Endorsements Form: TAXForm Edt. Date: 01/01/97 Form Description: Schedule Of Taxes, Surcharges Or Fees Form: IL0003 Edt. Date: 09/01/08 Form Description: Calculation Of Premium Form: IL0017 Edt. Date: 11/01/98 Form Description: Common Policy Conditions Form: IL0021 Edt. Date: 09/01/08 Form Description: Nuclear Energy Liability Exclusion Endt Form: IL011 Edt. Date: 01/01/15 Form Description: Amended Notice Of Cancel Provided By Us Form: IL060 Edt. Date: 07/01/13 Form Description: Blanket Notification To Others Of Cancel Form: CAU005 Edt. Date: 05/01/13 Form Description: TX-UM/UIM Cov Selection/Rejection Form: AUDECCW Edt. Date: 10/01/13 Form Description: Business Auto Coverage Form Declarations Form: LOSSPAYEE Edt. Date: 01/01/97 Form Description: Schedule Of Loss Payee(S) Form: CA0001 Edt. Date: 10/01/13 2 of 3 #S920742/M920741 Page 28 of 197 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) Form Description: Business Auto Coverage Form Form: CA0196 Edt. Date: 10/01/13 Form Description: Texas Changes Form: CA0243 Edt. Date: 11/01/13 Form Description: TX Changes - Cancellation And Nonrenewal Form: CA0444 Edt. Date: 10/01/13 Form Description: Waiver Of Trnsfr Of Rghts Of Rcvry Agnst Form: CA2109 Edt. Date: 10/01/13 Form Description: TX Uninsured/Underinsured Motorists Cov Form: CA2264 Edt. Date: 10/01/13 Form Description: Texas Personal Injury Protection Endt Form: CA2384 Edt. Date: 10/01/13 Form Description: Exclusion Of Terrorism Form: CA9910 Edt. Date: 10/01/13 Form Description: Drive Other Car Cov-Broad Cov Named Ind Form: CA9944 Edt. Date: 10/01/13 Form Description: Loss Payable Clause Form: CA9995 Edt. Date: 10/01/13 Form Description: Texas Supplementary Death Benefit Form: CAU002 Edt. Date: 01/01/15 Form Description: Driver Exclusion Form: CAU058 Edt. Date: 05/01/19 Form Description: Auto First Choice Coverage Endorsement Form: CAU082 Edt. Date: 01/01/15 Form Description: Automatic Insd Primary Non-Contributory Form: 1UNWO7245N Edt. Date: 12/01/16 Form Description: Signature Page ** Supplemental Name ** First Supplemental Name applies to all policies - Green Teams, Inc. Policy# CPP10006458300 - : Leonard and Diana Gallagher, Individually Policy# UMB10006458500 - : Leonard and Diana Gallagher, Individually Policy# UMB10006458500 - : Green Teams, Inc. Policy# CA10006458400 - : Leonard and Diana Gallagher, Individually Policy# CA10006458400 - : Green Teams, Inc. Contract #19300490 As per policy provision, City of College Station, its officials, employees and volunteers, are listed as additional insured in regard to the auto and general liability policies as provided by additional insured endorsement. As per policy provision the general liability policy contains an endorsement with Primary and Noncontributory wording. A waiver of subrogation endorsement is provided to City of College Station, its officials,employees and volunteers, in regard to the auto, general liability and workers compensation policies as per policy provision. General liability, auto and workers compensation policies include(s) a 30 Days Notice of Cancellation endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment of premium, or direct cancellation by named insured as per policy provision. 3 of 3 #S920742/M920741 Page 29 of 197 May 27, 2021 Item No. 8.3. Annual Concrete Curb, Gutter and Flatwork Contract Sponsor:Pete Caler, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the award of the Annual Concrete Curb, Gutter and Flatwork installation to Larry Young Paving, Inc. in an amount not to exceed $3,455,000 to maintain City infrastructure. Relationship to Strategic Goals: - Core Services and Infrastructure - Improving Mobility Recommendation(s): Staff recommends approval of the contract with Larry Young Paving, Inc. for an amount not to exceed $3,455,000. Summary: Sealed bids for ITB #21-033 were opened on March 25, 2021, with three bid responses received from Larry Young Paving, Inc., Brazos Paving, Inc., and Tucker Construction. Tucker Construction withdrew their bid. Larry Young Paving, Inc. is the lowest responsible bidder. The term will be for the period beginning May 27, 2021, through May 26, 2022. There are two additional one-year renewals, for a possible total contract term of three years. Budget & Financial Summary: Funding for the Annual Blanket Purchase Order for the Concrete Curb, Gutter and Flatwork Installation is available in the Roadway Maintenance and Water Services operational budgets. Attachments: 1.21-033 Bid Tabulation Page 30 of 197 BID#21-033 PRELIMINARY TABULATION FOR APA FOR CURB, GUTTER FLATWORK Event Number 21‐033 OrganizationBrazos Valley e‐MarketplaceEvent Title APA  for Curb, Gutter and Flatwork WorkgroupCity of College StationEvent Description Event OwnerRobyn ForsythEvent TypeITBEmailrforsyth@cstx.govIssue Date3/8/2021 03:02:56 PM (CT)Phone(979) 764‐3437Close Date3/25/2021 11:00:00 AM (CT)FaxResponding Supplier City StateResponse SubmittedResponse TotalLarry Young Paving, Inc Bryan TX3/24/2021  9:00:00 AM Manual$3,455,000.00Brazos Paving, Inc. (Prewitt) Bryan TX3/25/2021 09:28:15 AM (CT)$3,624,350.00BID#21‐033 PRELIMINARY TABULATION4/30/2021Page 31 of 197 May 27, 2021 Item No. 8.4. Texas Commercial Waste Container Lease Agreement Sponsor:Pete Caler, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on a five (5) year lease agreement with Texas Commercial Waste for refuse containers for an annual estimated expenditure of $217,012.80 and a total contract value of $1,085,064. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the agreement with Texas Commercial Waste for an annual estimated expenditure of $217,012.80. Summary: This item is to approve a lease agreement for a total of one thousand one hundred seventy-three (1,173) eight-yard, five (5) six-yard, one hundred fifty-eight (158) four-yard front-end loading containers; two (2) thirty-yard roll-off compactors and two (2) compactor monitoring systems used by the Solid Waste Division for commercial collection operations. BID #21-036 was opened on April 1, 2021. One (1) bid was received and unsealed; Texas Commercial Waste being the sole respondent. The proposed bid is approximately $8,000 less over the lifetime of the contract than the previous 5-year lease agreement. The monthly rate for six-yard and eight-yard containers as bid is $13.90 per month, the rate for four-yard containers is $6.90 per month, and the rate for the two (2) roll-off compactors with monitor systems is $620.00 per month for an annual estimated expenditure of $217,012.80 and a total contract value of $1,085,064.00. The price includes delivery, storage of inventory, and maintenance of the containers. The lease is for a five year period in order for the vendor to amortize the capital costs of the containers, thus reducing lease costs. Staff reviews the possibility of city ownership and maintenance on a yearly basis, but has determined it is not cost effective due to onetime costs, ongoing costs, and inadequate available storage and maintenance space. The lease arrangement is more cost effective than purchasing and maintaining new containers. Budget & Financial Summary: The Container Lease Agreement is effective June 1st, 2021, and funds are available in the Solid Waste fund. Attachments: 1.Container Lease Agreement No.21300465 Page 32 of 197 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 4/28/2021 4/30/2021 4/30/2021 Page 33 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 Page 1 of 11 CITY OF COLLEGE STATION REFUSE CONTAINER LEASE AGREEMENT This non-exclusive Lease Agreement is by and between the Lessee, City of College Station, a Texas Home-Rule Municipal Corporation (the ), and the Lessor, Texas Commercial Waste, a Texas Corporation lease of slant-top, front-end loading and roll-off refuse containers. ARTICLE I LEASED PROPERTY 1.1 Containers. The Leased Property is 1338 slant-top, front-end loading and roll-off refuse containers C ) consisting of/ plus compactors and monitoring system: a. 158 Four (4) Cubic Yard Containers b.5 Six (6) Cubic Yard Containers c. 1173 Eight (8) Cubic Yard Containers d. 2 Thirty (30) Cubic Yard Compactors e. Monitoring System for each Thirty (30) Cubic Yard Compactor 1.2 Container Specifications. All Containers must meet or exceed the Container specifications in Exhibit A Container Specifications . All Containers will remain the Contractor property. 1.3 Container Order. City shall place the initial Container order upon Agreement execution. Contractor will hold any excess Containers at its warehouse, until the City requests additional Containers, at no cost to the City. Excess Containers is the difference between the Container number initially delivered and the total number of Containers rented. 1.4 Container Delivery. Contractor shall deliver all Containers F.O.B. locations. The City shall submit a list of all customer locations to Contractor at Agreement execution for Container delivery by Contractor. Contractor shall notify the City in writing of the delivery dates. 1.5 Container Condition. Contractor shall maintain Containers in a good and useable condition without any major defects. Contractor shall replace any Containers with new Containers at the same rental rate at expense. 1.6 Container Return. City shall return all Containers to Contractor at the end of this Agreement in substantially the same condition the Containers were received less any reasonable wear and tear or reasonable damage to the Containers due to normal usage. Page 34 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 Page 2 of 11 1.7 Container Replacement. City shall notify Contractor in writing of a Container location when it needs replacement, repair or is non-conforming or defective. Containers needing repair or replacement shall be picked up by Contractor from the customer location and new or replacement Containers delivered to the customer location at no additional charge. All new or replacement Containers must be delivered to the customer location before removal of the defective or non- conforming Containers. 1.8 Defective Containers. Any non-conforming or defective Containers may be rejected by City. acceptance, inspection or approval of a Container does not constitute a waiver of any non-conformity or defect nor preclude Container replacement. ARTICLE II PAYMENT AND TERM 2.1 Consideration. In consideration for the Container lease the City shall pay the Contractor monthly rental rate per Container multiplied by the total number of Containers. The yearly amount for this Agreement will not exceed $1,085,064.00. The monthly rental rate for any Container leased is: a. $6.90 Four (4) Cubic Yard Containers b.$13.90 Six (6) Cubic Yard Containers c. $13.09 Eight (8) Cubic Yard Containers d. $260.00 per Thirty (30) Cubic Yard Compactors and Monitoring Systems e. $50.00 per Monitoring System for Thirty (30) Cubic Yard Compactor 2.2 Invoice and Payment. Contractor shall submit monthly invoices to the City on or before the first day of each month. The City shall remit rental payments within thirty (30) days according voice. 2.3 Term. The Lease Agreement term is five (5) years. The five (5) year term begins on July 1, 2021 and ends on June 30, 2026. The initial Container delivery is on July 1, 2021. In the event a new Agreement cannot be executed at the end-date of the five (5) year term, this Agreement may continue on a month-to-month basis after the expiration of the five (5) year term at the same rental rates until a new Agreement is executed or the month-to-month term is terminated. ARTICLE III INDEPENDENT CONTRACTOR 3.1 Independent Contractor. It is understood and agreed by the parties that the Contractor is an independent contractor. The City will not control the manner or the means of the Contractor's performance. The City will not be responsible for reporting or paying employment taxes or other Page 35 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 Page 3 of 11 similar levies that may be required by the United States Internal Revenue Service or other State or Federal agencies. This Agreement does not create a joint venture. ARTICLE IV INSURANCE 4.1 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. 4.2 volunteers, and employees as additional insureds. More specifically, the following shall be required. Certificates of insurance evidencing the required insurance policies are attached in . inimum requirements of this section. 4.3 Types. Contractor shall have the following types of insurance: (a) Commercial General Liability; (b) Business Automobile Liability; and (c) Workers' Compensation 4.4 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. (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. Page 36 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 Page 4 of 11 4.5 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 exclusio 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. 4.6 Business Automobile Liability. The following Business Automobile Liability requirements shall apply: (a) Business Automobile Liability insurance shall be written by a carrier rated or 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) 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. 4.7 Compensation Insurance shall include the following terms: (a) E for each accident/each disease/each employee are required; (b) ; and (c) TEXAS must named in . Page 37 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 Page 5 of 11 ARTICLE V INDEMNIFICATION AND RELEASE 5.1 Indemnification. The Contractor shall indemnify, hold harmless, and defend the City, its officers, agents, volunteers, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorneys fees, for injury to or death of any person or for damage to any property arising out of or in connection with the 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. 5.2 Release. The Contractor assumes full responsibility for the work to be performed hereunder for the Container leasing and hereby releases, relinquishes, and discharges the City, its officers, agents, volunteers, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person and any loss of or damage to any property that is caused by, alleged to be caused by, arising out of, or in connection with the Contractor's Container leasing performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance and regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the City, any other party released hereunder, the Contractor, or any third party. ARTICLE VI GENERAL TERMS 6.1 Performance. Contractor, its employees, and associates, shall perform all the leasing services in a professional manner and be fully qualified and competent to perform those services. Contractor shall undertake the work and complete it in a timely manner. Contractor shall undertake and process work orders or replacements within one (1) business day of notifications by City. 6.2 Termination. The City may terminate this Agreement, at any time, for convenience with In the event of such termination the Contractor shall remove all Should the City terminate this Agreement for convenience, the City shall pay Contractor for the rent due before the termination date. 6.3 Venue. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 6.4 Amendment and Change Orders. This Agreement may only be amended by written instrument approved and executed by the parties. According to Texas Local Government Code Page 38 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 Page 6 of 11 Section 252.048 when change orders are $50,000 or less and do not increase the Agreement amount by twenty-five percent (25%), the City Manager or his designee may approve the written change. 6.5 Taxes. The City is exempt from payment of state and local sales and use taxes on labor and materials. 6.6 Compliance with Laws. The Contractor will comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control 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. 6.7 Waiver of Terms. No waiver or deferral by either party of any term or condition of this Contract shall be deemed or construed to be a waiver or deferral of any other term or condition or subsequent waiver or deferral of the same term or condition. 6.8 Assignment. This Contract and the rights and obligations contained herein may not be assigned by the Contractor without the prior written approval of City. 6.9 Invalid Provisions. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 6.10 Entire Agreement. This Agreement represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. 6.11 Agree to Terms. The Parties state that they have read the terms and conditions of this Agreement and agree to the terms and conditions contained in this Agreement. 6.12 Effective Date. This Agreement will be effective when it is signed by the last party making it fully executed. 6.13 Notice. CONTRACTOR CITY OF COLLEGE STATION Texas Commercial Waste Public Works Department Attn: Ron Schmidt Attn: Caroline Ask PO Box 645 300 Krenek Tap Road Bryan, Texas 77806 College Station, TX 77842 Page 39 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 Page 7 of 11 6.16 Exhibits. List of Exhibits A. Container Specifications B.Certificates of Insurance C. Bid Response Page 40 of 197 TEXAS COMMERCIAL WASTE CITY OF COLLEGE STATION By: By: City Manager Printed Name: Date: Title: APPROVED: Date: City Attorney Date: Assistant City Manager/CFO Date: Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 Page 8 of 11 4/28/2021 Ron Schmidt General Manager 4/30/2021 4/30/2021 Page 41 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 EXHIBIT A CONTAINER SPECIFICATIONS Lease of Front End Loading and Roll Off Compactor Refuse Containers per attached specifications from Bid #21-036. Page 42 of 197 Assembly CITY OF COLLEGE STATION Home of Texas A&M University ® 1101 TexasAvenue College Station, TX 77840 www.cstx.gov ANNUAL PRICE AGREEMENT AND SPECIFICATIONS FOR LEASE OF VARIOUS REFUSE CONTAINERS BID #21-036 SPECIAL PROVISIONS The unit(s) shall be completely assembled, adjusted, and all equipment including standard and supplemental equipment installed, and the unit made ready for continuous operation unless otherwise specified in bid document. Bid Literature Bidders must submit with their bid or have on file the latest printed literature and detailed specifications on equipment or material the bidder proposes to furnish. Any catalog, brand name, or manufacturer's reference used is considered to be descriptive-not restrictive and is indicative of the type and quality the City desires to purchase. Delivery All deliveries are to be made F.O.B. City of College Station, ATTN Public Works Operations Center at 300 William King Cole, College Station, TX 77842, during regular working days, and between the hours of 8:00 a.m. and 4:00 p.m., unless otherwise requested by the City. Regulations and Standards The unit(s) provided shall meet or exceed all Federal and State of Texas safety, health, lighting, and noise regulations and standards in effect and applicable to equipment furnished at the time of manufacture. Page 43 of 197 Vendor's Sales Territory City waives any responsibility or liability for vendors bidding products or services "outside" their authorized territory by manufacturer or product line. Any vendor bidding outside an approved manufacturer line does so at his own risk and discretion. Vendor shall comply with all sales terms according to original bid and purchase order regardless of claim or dispute with product line representatives. Warranty Warranty shall be for both labor and materials for a minimum period of one (1) year on any products or services provided to the City, unless specified and agreed upon otherwise. Workmanship All parts not specifically mentioned which are necessary for the unit to be complete and ready for operation or which are normally furnished as standard equipment shall be furnished by the successful bidder. All parts shall conform in strength, quality, and workmanship to the accepted standards of the industry. Variations Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. This sheet shall be labeled as such. SPECIFICATIONS This Invitation to Bid is to supply the City of College Station with four (4), six (6), eight (8) cubic yard Front End Loader (FEL) containers and thirty (30) cubic yard self-contained roll off compactors, provide customer delivery and container maintenance on an as needed basis to the City of College Station's Sanitation Division for a minimum lease of five (5) years invoiced monthly on a per container, lease basis. The City shall lease 1336 FEL containers, plus~ompactors and monitoring systeq This includes approximately 1173 eight (8) cubic yard, six (6) cubic yard,-four (4) cubic yard containers, two (2) thirty (30) cubic yard self-contained roll off compactors with monitoring system. No quantities are guaranteed, and are subject to change through the life of this agreemenl._ The following specifications describe four (4), six (6), and eight (8) cubic yard, frond-end loading containers equipped for use with a two-point container hoisting device by the City of College Station Sanitation Division. Units furnished to these specifications must meet or exceed all requirements herein. Specifications also include the requirements for the thirty yard roll off self -contained cable lift compactors. It is the intent of the City to describe the minimum specifications for refuse containers that are the product of a manufacturer actively engaged in the production of refuse collection containers and embodies their latest improvements in design and construction. Units must conform to the best practice known to the container trade in design and lids shall be standard and interchangeable throughout the Page 44 of 197 entire quantity of units as specified. Deviation from the specifications must be listed on a separate sheet along with substitutions and may result in the rejection of the bid. Any example shown is listed to show type and class of equipment desired. Bidders are cautioned to read the specifications carefully, as there may be special requirements not commonly offered by the equipment manufacturer. Do not assume your standard equipment meets all detailed specifications. Bidders are cautioned that units delivered to F.O.B. points which do not meet specifications in every aspect will not be accepted. Exceptions to the listed minimum requirements should be included in the specified area on the bid sheet. ITEM 1: FOUR (4) CUBIC YARD. SLANT-TOP CONTAINERS MINIMUM SPECIFICATIONS: DIMENSIONS: a. Bottom width -70" b. Top width -75" c. Bottom depth -50" d. Top depth -45" e. Front height (loading) -45" f. Back height -59" BODY: a. Front, rear, and end sheets shall be twelve (12) gauge hot roll steel. b. Floor shall be 12-gauge hot roll steel with three (3), reinforced full depth channels. c Top of container shall be reinforced with ten (10) gauge formed channels on the front, rear, and ends. d. Lids will be attached to the outside of the containers with seven (7) gauge steel brackets and hinged by a 5/8" steel bar. Hinge bar will be secured by washers and cotter pins. e. Lift sleeves shall be ten (10) gauge formed channels reinforced with a seven (7) gauge fork guide to assist operator in placing lift forks into channel pocket and to protect the front of the lift pocket. Lift sleeves shall also have four ( 4) W' steel double wall taco gussets each. f. Front of container shall be equipped with a buff plate of seven (7) gauge steel to protect sides and front of container. Buff plate shall be designed to keep the cross bar between the forks of the collection truck at least%" away from the front of the container. g. Container shall be continuously welded on inside and skip welded at all other seams. h. Container shall be equipped with a drain plug located on the bottom side as you face the container. i. Each container will have a tab with the serial number stamped on it and securely attached to it. LIDS: a. Two (2) high density, polyethylene lids will be furnished with each container, with all parts needed to attach lids to container included. Lids shall be black. b. Ten (10) complete sets total of replacement lids, hinge rods, washers, and cotter pins will be included with the lid. Page 45 of 197 PAINT: a. Container shall be cleaned of all splatter, grease, weld slag, and dirt. All rough edges and welds shall be ground smooth and the complete container thoroughly sanded before painting, in accordance with paint manufacturers specifications. Containers shall receive two (2) coats of rust resistant red primer, both inside and outside of the container, and one outside finish coat ofhigh- grade automotive enamel of the hardest finish available. Color to be maroon. OSHA REGULATIONS: a. Assembled containers must meet all OSHA Regulations WARRANTY: a. Warranty will be for a minimum of twelve (12) months. ITEM 2: SIX (6) CUBIC YARD. FLAT-TOP CONTAINERS WITH SIDE SLIDING DOORS MINIMUM SPECIFICATIONS: DIMENSIONS: a. Bottom width -72" b. Top width -74" c. Bottom depth -62" d. Top depth -65" e. Front height (loading) -60" f. Back height -60" BODY: a. Front, rear, and end sheets shall be twelve (12) gauge hot roll steel. b. Floor shall be 12-gauge hot roll steel with three (3), center reinforced full depth channels. c Top of container shall be reinforced with ten (10) gauge formed channels on the front, rear, and ends. d. Lids will be attached to the outside of the containers with seven (7) gauge steel brackets and hinged by a 5/8" steel bar. Hinge bar will be secured by washers and cotter pins. e. Lift sleeves shall be ten (10) gauge formed channels reinforced with a seven (7) gauge fork guide to assist operator in placing lift forks into channel pocket and to protect the front of the lift pocket. Lift sleeves shall also have four ( 4) W' steel double wall taco gussets each. f. Front of container shall be equipped with a buff plate of seven (7) gauge steel to protect sides and front of container. Buff plate shall be designed to keep the cross bar between the forks of the collection truck at least%" away from the front of the container. g. Container shall be continuously welded on inside and skip welded at all other seams. h. Container shall be equipped with a drain plug located on the bottom side as you face the container. i. Each container will have a tab with the serial number stamped on it and securely attached to it. j. Each container shall have sliding doors on either side for loading. LIDS: a. Two (2) high density, polyethylene lids will be furnished with each container, with all parts needed to attach lids to container included. Lids shall be black. Page 46 of 197 b. Ten (10) complete sets total of replacement lids, hinge rods, washers, and cotter pins will be included with the lid. PAINT: a. Container shall be cleaned of all splatter, grease, weld slag, and dirt. All rough edges and welds shall be ground smooth and the complete container thoroughly sanded before painting, in accordance with paint manufacturers specifications. Containers shall receive two (2) coats of rust resistant red primer, both inside and outside of the container, and one outside finish coat ofhigh- grade automotive enamel of the hardest finish available. Color to be maroon. OSHA REGULATIONS: a. Assembled containers must meet all OSHA Regulations WARRANTY: a. Warranty will be for a minimum of twelve (12) months. ITEM 3: EIGHT (8) CUBIC YARD. SLANT-TOP CONTAINERS MINIMUM SPECIFICATIONS: DIMENSIONS: (Approximate) a. Bottom width -72" b. Top width -75" c. Bottom depth -78" d. Top depth -76" e. Front height (loading) -52" f. Back height -71" BODY: a. Front, rear, and end sheets shall be twelve (12) gauge hot roll steel. b. Floor shall be ten (10) gauge hot roll steel reinforced with three (3), ten (10) gauge, full depth skid channels. c. Top of container shall be reinforced with ten (10) gauge formed channels on the front, rear, and ends. d. Lids will be attached to the baflle plate with seven (7) gauge steel brackets and hinged by a 5/8" steel bar. Hinge bar will be secured by washers and cotter pins. e. Baflle plate to be constructed of ten (10) gauge steel and continuously welded to the top of the container. f. Lift sleeves shall be ten (10) gauge formed channels reinforced with a seven (7) gauge fork guide to assist operator in placing lift forks into channel pocket and to protect the front of the lift pocket. Lift sleeves shall also have four ( 4) W' steel double wall taco gussets each. g. Front of container shall be equipped with a buff plate of seven (7) gauge steel to protect sides and front of container. Buff plate shall be designed to keep the cross bar between the forks of the collection truck at least%" away from the front of the container. h. Container shall be continuously welded on inside and skip welded at all other seams. Page 47 of 197 i. Container shall be equipped with a drain plug located on the bottom right side as you face the container. j. Each container will have a tab with the serial number stamped on it and securely attached to it. LIDS: a. Two (2) high density, polyethylene lids will be furnished with each container, with all parts needed to attach lids to container included. Lids shall be black. b. Ten (10) complete sets total ofreplacement lids, hinge rods, washers, and cotter pins will be included with the bid. PAINT: a. Container shall be cleaned of all splatter, grease, weld slag, and dirt. All rough edges and welds shall be ground smooth and the complete container thoroughly sanded before painting. In accordance with paint manufacturer's specifications. Containers shall receive two (2) coats of resistant red primer, both inside and outside of the container, and one outside finish coat ofhigh- grade automotive enamel of the hardest finish available. Color to be maroon. OSHA REGULATIONS: a. Assembled containers must meet all OSHA Regulations. WARRANTY: a. Warranty will be for a minimum of twelve (12) months. ITEM 4A: THIRTY YARD SELF CONTAINED CABLE LIFT ROLL OFF COMP ACTORS MINIMUM SPECIFICATIONS: Cable Lift Compactors Hopper Capacity 2 cubic yards Container Capacity 30 cubic yards Charge Box Opening 40" x 60" Loading Height from Platform 37" Loading Height from Ground 49" Weight 10,400 lbs. Cycle Time 24 seconds Normal Operating Pressure 1600 PSI Maximum Operating Pressure 2000 PSI Packing Pressure Per Square Inch PSI 29 lbs. PSI Compaction Force 38,000 lbs. Cylinder Size (2) Double Cylinders -4" each Cylinder Stroke 32" Ram Penetration 8" Hydraulic Pump 12 GPM Electric Motor 10 HP 208-230 I 460V 3 Phase 60 cycle -high torque Control Circuit 11 OV computer controlled Page 48 of 197 ITEM 4B: COMPACTOR MONITOR SYSTEMS FOR BOTH COMP ACTORS Monitor system for usage/security is required for each compactor and is installed at the compactor site. Link is provided to show current system being used for both compactors. http://onepluscorp.com/wp-content/uploads/specsheet _ wasteedge200.pdf MINIMUM SPECIFICATIONS: Power Requirements: 120 V AC 60 Hz 20 Watts 1 amp Operation Temperature: -40° F to+ 140° F Enclosure Dimensions: NEMA weatherproof, 14-gauge steel. Hasp for locking. W 11" X H 13-1/2" X D 5" Designed for outdoor use. Page 49 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 EXHIBIT B CERTIFICATES OF INSURANCE Page 50 of 197 ACOR De CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 04/21/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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). PRODUCER NAM~~1,;T Charlotte Hambrick Bailey Insurance and Risk Management r.~~N,_t Extl: (254) 753-5317 I rffc Nol: (254) 753-1132 1201 Washington Ave. E·MAIL charlotte@baileyinsurance.com ADDRESS: P.O. Box 298 INSURER(S) AFFORDING COVERAGE NAIC# Waco TX 76701 INSURER A: Phoenix Insurance Company INSURED INSURERB: Travelers Indemnity Co of America Texas Commercial Waste, B.A.G.S. INSURERC: Travelers Property Casualty Co. of America M. Lipsitz & Co. Ltd INSURERD: Texas Mutual Insurance Company P. 0. Box 1175 INSURERE: Waco TX 76703 INSURER F: COVERAGES CERTIFICATE NUMBER: 2020/2021 TCW All REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER ,:~&M~, ,:~&M~, LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -=:J CLAIMS-MADE [81 OCCUR DAMAGE TO r<t:N I t:U PREMISES IEa occurrencel $ 300,000 MED EXP (Any one person) $ 5.000 -A 6607042M400 10/01/2020 10/01/2021 PERSONAL & ADV INJURY $ 1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 :81 D PRO-DLOC 2,000,000 POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 IEa accidentl ~ ANYAUTO BODILY INJURY (Per person) s -B OWNED SCHEDULED BAOR875055 10/01/2020 10/01/2021 BODILY INJURY (Per accident) s AUTOS ONLY AUTOS -HIRED r--NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY IPer accidenll s -r--$ UMBRELLA LIAB ~OCCUR EACH OCCURRENCE s 10,000,000 -c x EXCESS LIAB CLAIMS-MADE ZUP91 M6792320NF 10/01/2020 10/01/2021 AGGREGATE s 10,000,000 OED I XI RETENTION $ 10,000 s WORKERS COMPENSATION XI ~f:TUTE I I OTH-AND EMPLOYERS" LIABILITY ER Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE ~ 0001109677 10/01/2020 10/01/2021 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space ls required) Contract# 21300465, Bid# 21-036 City of College Station is included as an additional insured under the general liability, auto liability & excess liability if required by written contract. A waiver of subrogation applies under the general, auto & excess liability & workers compensation if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of College Station ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 AUTHORIZED REPRESENTATIVE College Station TX 77842 <'l_;v, 13~4 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 51 of 197 Contract No. 21300465 Container Lease Agreement CRC 03-08-2021 EXHIBIT C BID RESPONSE Page 52 of 197 QUOTATION Item Estimated Monthly Total Total Annual Cost # Quantity UOM Description Unit Monthly (Total Monthly Cost Cost Cost x 12) I 158 each Four (4) Cubic Yard, $ 6.90 1,090.20 $ 13,082.40 Slant-Top Containers Six (6) Subic Yard, 2 5 each Flat-Top Containers $ 13.90 $ 69.50 $ 834.00 with Side Sliding Doors 3 1173 each Eight (8) Cubic Yard, $ 13.90 $16,304.70 $ 195,656.40 Slant-Top Containers Thirty Yard Self 4A 2 each Contained Cable Lift $ 260.00 $ 520.00 $ 6,240.00 Roll Off Compactors Compactor Monitor 48 2 each Systems for Both $ 50.00 $ 100.00 $ 1,200.00 Compactors Total Annual Cost $ 217 ,012.80 Page 53 of 197 CONTRACTOR INFORMATION GENERAL CONTRACTOR'S EXPERIENCE AND DATA INFORMATION Name of Company: TEXAS COMMERCIAL WASTE Company Years in Business:_~--------------------- REFERENCES Name 5 projects that you have provided similar work (Give client, contact name, address, telephone number, and email address for each) I. CITY OF COLLEGE STATION COLLEGE STATION. TX 77842 P.O. BOX 9973 979-764-3500 PETE CALER 2. CITY OF BRYAN BRYAN TX 77805 P.O. BOX 1000 979-361-0859 ERlC ZARAGOZA 3. CITY OF SOMERVILLE SOMERVILLE. TX 77879 P.O. BOX 159 979-596-1122 CITY MANAGER 4. BRAZOS COUNTY BRYAN TX 77806 P.O. BOX 914 979-822-2127 JUDGE PETERS 5 · BURLESON COUNTY CALDWELL, TX 77836 100 W BUCK ST, STE #404 979-567-4996 COUNTY JUDGE Page 54 of 197 CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Additionally, the undersigned affirms that the firm i willing to sign the enclosed Standard Form of Agreement (if applicable). Typed Name: RONALD SCHMIDT Company Name: TEXAS COMMERCIAL WASTE Phone No.: 979-775-7171 Fax No .: 979-822-5006 Email : TCWRONSCH@HOTMAIL.COM Bid Address: P.O . BOX 645 BRYAN TX 77806 ~~~~~~~~~~~~~~~~~~~~~~~~---'-'--'--~~~ P.O. Box or Street City State Zip Order Address: SAME ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ P .O . Box or Street City State Zip Remit Address: SAME ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ P.O . Box or Street City State Zip Federal Tax ID No .: 74-1547749 ~~~~~~~~~~~~- DUNS No.: 832245661 Date: 3/31/2021 Received and Reviewed Addendums for Bid#21-036 Note: Please return your completed Certification Page, Reference Page and Your Quotation for your Electronic Response to be considered Responsive . END OF BID #21-036 Page 55 of 197 ~"1.~ W ASTEQU IP ========================================~ Totery liAlbreath· ~Accurate M~ PIONEER cusco Page 56 of 197 Steel Front End Load (FEL) Containers Wastequip Front End Load Containers (FELs) are engineered using heavy gauge steel to withstand the stress of continued use. Standard models feature 12 gauge sides and 10 gauge bottoms, high density polyethylene lids and fully welded in-seams. Our heavy duty models have 10 gauge sides and 7 gauge bottoms for added strength and durability. Containers are primed inside and outside to reduce corrosion. Wastequip containers meet ANSI safety specifications and dimensional standards for haulers. With locations throughout North America, Wastequip can meet your container needs quickly. Styles: Flat, slant, hatchback and nestable (slant and flat) Sizes: 2, 3, 4, 6, 8, and 10 cubic yards Wastequip's standard steel FEL models feature 12 gauge sides and 10 gauge bottoms, high density polyethylene lids and fully welded in-seams. 1) FORK POCKETS: • 3-way flared fork pockets protect from damage by the trucks forks and easily guides forks into the pockets • Taco gussets welded to the bottom of the fork pockets help extend pocket life by providing added strength to the bottom of the pockets • Fully welded pockets at critical stress points reduce fork damage and ensure long service life 2) CONSTRUCTION: • Rounded bumper pads help prevent damage to the front of the container • Floor channels are capped at both ends to prevent debris from getting inside and extend up the front and back walls to create extra support 2) CONSTRUCTION (CONT'D): • Fully welded no-step gusset across the top of the fork pocket provides added safety and support • Top edges are rounded and smooth for added safety during customer loading • Interlocking top channel frame provides added strength • Primed inside and outside to reduce corrosion • Painted in one of several standard colors • Nestable 2, 3 & 4 yard containers reduce shipping costs and required storage space 3) LIDS: • Single wall, double lip lids ensure durability • Optional lids upon request Page 57 of 197 FRONT END LOAD CONTAINERS · · FLAT TOP 2 YARD FLAT NESTABLE 6 YARD FLAT ,___ __ 1411i-_ ____, 68 1/2" ::::=:-1 1---703/4·-----1 L72 ._J I I I I I I I I b 0 I n [I J 16· I ' I M 66" 34• 301/ l 621/4" J 3 YARD FLAT NESTABLE 8 YARD FLAT >---74112" i---681/2" =1 1---703/4"---t 48112" ~ L~~ 52 11/16" 11 I I p 0 [I ) ' 66"- rr so 3/8" 1t l 82 3/4" J 42" 4 YARD FLAT 10 YARD FLAT ,__ __ 741/2" _ ____, 74 112· 74112"=--1 49 5/8" :~ 53 11/16" 93 1/2" Ln._j 58" 2 YARD* 3 YARD* 4 YARD 6 YARD 8 YARD 10 YARD 48 ft. trailer Oat I drop 42 I 52 28/ 36 18I18 8 I 14 8/8 7 I 7 53 ft. trailer flat I drop 45 I 57 32 I 42 20 I 20 9 I 16 9/9 8/8 Plastic lid standard 37" x 41" single wall 37" x 48" single wall 37" x 48" single wall 37" x 58" single wall 37" x 58" single wall 37" x 58" single wall Sides 12 gauge 12 gauge 12 gauge 12 gauge 12 gauge 12 gauge Bottom 10 gauge 10 gauge 10 gauge 10 gauge 10 gauge 10 gauge Weight 505 lbs. 602 lbs. 732 lbs. 971 lbs. 1,110 lbs. 1,543 lbs. *Nestable Page 58 of 197 FRONT END LOAD CONTAINERS // SLANT TOP 2 YARD SLANT NESTABLE 6 YARD SLANT t-----82 9/16" -------t ,___ __ 70 314" __ _, 72• --68·-- 3 YARD SLANT NESTABLE 8 YARD SLANT ~~829/16"~ 741/2" 1----70 314" ---1 SOLt====fJ ,____ 72"----I i----ar---i 4 YARD SLANT NESTABLE 61 " LI=~ ,____ 70 3/4" _ __, so · 2 YARD* 3 YARD* 4 YARD* 6 YARD 8 YARD 48 ft. trailer flat I drop 42 I 52 24 I 33 20 I 28 8 I 14 7 I 7 53 ft. trailer flat I drop 48/ 60 26/ 36 22 I 31 9 I 16 8/8 Plastic lid standard 37" x 41" single wall 37" x 48" single wall 37" x 58" single wall 37" x 58" single wall 37" x 58" single wall Sides 12 gauge 12 gauge 12 gauge 12 gauge 12 gauge Bottom 10 gauge 10 gauge 10 gauge 10 gauge 10 gauge Weight 504 lbs. 608 lbs. 709 lbs. 971 lbs. 1,103 lbs. *Nestable V~ WASTEQUIP 877-468-9278 I wastequip.com Page 59 of 197 May 27, 2021 Item No. 8.5. No U-turns Ordinance on Nueces Drive near FM 2818 Sponsor:Troy Rother, Senior Engineer Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance amending Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1011 “Traffic Schedule XI" to not allow U-turns on Nueces Drive near FM 2818. Relationship to Strategic Goals: - Core Services and Infrastructure - Improving Mobility Recommendation(s): Staff recommends approval of the ordinance amendment. Summary: This ordinance is to prohibit U-turns at Nueces Drive near FM 2818. This prohibition is needed because Nueces Drive is not wide enough to accommodate U-turning traffic. The street is approximately 20 ft wide. Drivers coming off FM 2818 wanting to access the frontage road adjacent to the school must U-turn around a median. Due to the narrow width of the street, the U-turn is completed by making a 3-point turn. By doing a 3-point turn, during school drop- off and pick-up times, traffic on Nueces Drive backs up onto FM 2818. The Traffic Management Team (TMT) evaluated this proposal and agreed that U-turns need to be prohibited. The TMT recommends the approval of the ordinance. Budget & Financial Summary: The “No U-turn” signs are planned operation and maintenance expenses accounted for in the Public Works Traffic Operations budget. Attachments: 1.CH 38 No U-turn Nueces Ord 2.Map - no U-turn on Nueces Drive Page 60 of 197 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 38 “TRAFFIC AND VEHICLES,” ARTICLE VI, “TRAFFIC SCHEDULES,” SECTION 38-1011 “TRAFFIC SCHEDULE XI, NO U- TURNS”, BY ADDING THE INTERSECTION OF NUECES DRIVE NEAR FM 2818 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1011 “Traffic Schedule XI, no U-turns” 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 61 of 197 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 62 of 197 ORDINANCE NO. _________Page 3 of 3 Ordinance Form 8-14-17 Exhibit A That Chapter 38 “Traffic and Vehicles,” Article VI, “Traffic Schedules,” Section 38-1011 “Traffic Schedule XI, no U-turns” is hereby amended by adding and is to read as follows: Street Intersecting Street Traffic Direction Nueces Drive at the North Side of the raised median. FM 2818 North Page 63 of 197 FM 2818 Nueces Drive School Frontage Road Raised Median N U E C E S D R IV E HARVEY MITCHELL PARKW AY SOUTHNo U-turn on Nueces Drive ¯ = Proposed movement to be prohibited Page 64 of 197 May 27, 2021 Item No. 8.6. Greens Prairie Ph 2 Development Agreement Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a development agreement between the City of College Station and OGG Greens Prairie Investors, Inc. for the cost participation by OGG Greens Prairie Investors, Inc. in the City’s Greens Prairie Road Phase 2 Widening Project. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval. Summary: The project includes widening the existing 2 lane asphalt roadway section into a 4-lane concrete minor arterial with medians and multi-use paths. OGG Greens Prairie Investors is developing a track of land south of Greens Prairie into single family housing. As part of the requirement for this development, there will be a roadway connection made to Greens Prairie Road at the current Castlegate intersection. With the roadway widening, the City and OGG Greens Prairie Investors decided it was in the best interest of both parties to prepare the intersection for this future connection. This will include the addition of left and right turn lanes, intersection apron for future roadway, and adding an additional pole to the signal infrastructure at the intersection. OGG Greens Prairie Investors will be cost participating in the City’s project for the cost of these improvements. The estimated amount for OGG’s contribution is $177,459.83. Once the project is bid and awarded, OGG will pay the city the bid amount of the improvements plus ten percent to cover any overages. Once the project is complete, the city will reimburse any unused funds to OGG. Budget & Financial Summary: Budget in the amount of $11,214,000 is included for this project in the Streets Capital Projects Fund. A total of $1,254,429.92 has been expended or committed to date, leaving a balance of $9,959,570.08 in the total project budget for construction. Attachments: 1.Project Map 2.FINAL GPR Diamondback Dr Participation Agreement wExhibits_10-26-2020 Page 65 of 197 ArcGIS Web Map Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user City Limits Background Blocker Texas A&M Property Easterwood Airport Parks Streets Local Street Arterial or Collector Freeway 5/1/2020, 10:53:23 AM 0 1,000 2,000500ft 0 380 760190m 1:15,799 Web AppBuilder for ArcGIS Esri, HERE, NPS | City of College Station, IT Department, GIS Office | City of College Station Planning and Development Services 1101 Texas Ave College Station, TX 77842 (979)764-3570 | Maintained by the City of College Station Texas | Esri, HERE, NPS |Page 66 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure Contract No.___________ Rev. 10/26/2020 CITY OF COLLEGE STATION PARTICIPATION AGREEMENT FOR CONSTRUCTING PUBLIC INFRASTRUCTURE This Agreement is entered into by and between the City of College Station, a Texas Home Rule Municipal Corporation (hereinafter “City”), and OGC GREENS PRAIRIE INVESTORS, LLC, a Texas limited liability company (hereinafter “Developer”), both the City and Developer are hereinafter collectively referred to respectively as the “Party” or “Parties”. WHEREAS, Developer is developing property within the City of College Station city limits, more particularly described in Exhibit “D” (the “Development”); and WHEREAS, the City is constructing certain public roadway and associated infrastructure improvements at the intersection of Castlegate & Greens Prairie Road and Developer is or will be required to construct certain public roadway and associated infrastructure at such intersection related to the Development; and WHEREAS, City is required or desirous of assuming some responsibility for construction of certain public roadway and associated infrastructure affecting the Development; and WHEREAS, the City and Developer will receive benefits from participation in the construction of certain public roadway and associated infrastructure as set forth in this Agreement; and WHEREAS, because of this and in order to comply with City’s overall development plan both Developer and City agree that it is in the best interests of the public for the Parties to construct certain identified public roadway and associated infrastructure; and WHEREAS, the City Engineer has reviewed the data, reports and analysis, including that provided by Developer’s engineers, and determined that certain such public roadway and associated infrastructure qualifies for City-Developer participation; and WHEREAS, both Parties agree as to the nature and proportion of participation as further recited herein and as may be required by applicable law including Chapter 212, Subchapter C, Developer Participation in Contract for Public Improvement and Chapter 252, Purchasing and Contracting Authority of Municipalities of the Texas Local Government Code; and NOW, THEREFORE, for and in consideration of the recitations above and the promises and covenants herein expressed, the Parties hereby agree as follows: Page 67 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 2 Rev. 10/26/2020 ARTICLE I DEFINITIONS 1.1 Approved Plans means the plans and specifications that meet the requirements of this Participation Agreement, the City of College Station Codes and Ordinances and any other applicable laws and that have been procured, reviewed and approved by the City of College Station relating to the Project which are identified on Exhibit “B” with the portion of the Project that Developer is participating in being identified as Diamondback Intersection in specifications, subject to Change Orders reviewed and approved in advance by City and Developer, such approval not to be unreasonably withheld, conditioned or delayed. 1.2 City or College Station means the City of College Station, a Texas Home Rule Municipal Corporation located at 1101 Texas Avenue, College Station, Texas 77840. 1.3 Developer means OGC Greens Prairie Investors, LLC a Texas limited liability company, whose principal office is located at 2800 S. Texas Avenue, Suite 401, Bryan, Texas 77802. 1.4 Effective Date. The date on which this Agreement is duly approved by both Parties. 1.5 Final Completion means that all the work on the Project has been completed in accordance with Approved Plans, all final punch list items have been inspected and satisfactorily completed, all payments to materialmen and subcontractors have been certified as completed, all documentation, and all closeout documents have been executed and approved by the City as required, all Letters of Completion and other City documentation have been issued for the Project, all reports have been submitted and reporting requirements have been met. 1.6 City Participation Costs means all costs of the Project other than the cost of the portion of the Project identified as Diamondback Intersection on the Bid documents. 1.7 Developer Participation Costs means the awarded total bid cost of the improvements shown in the Approved Plans for the Project as Diamondback Intersection, as awarded by the City to the construction contractor, and attached as Exhibit “C”. 1.8 Developer Participation Cost Contingency means the amount equal to ten percent (10%) of the awarded total bid cost of the improvements shown in the Approved Plans and Specifications for the Project as Diamondback Intersection, as attached as Exhibit “C”. 1.9 Project means the design and construction of Greens Prairies Road Widening Phase II improvements shown on Exhibit “A” in accordance with the Approved Plans. 1.10 Project Costs means the full actual cost of services, materials and labor for construction of the Project in accordance with the Approved Plans. All Project Costs and estimates shall be reviewed and approved by the City Engineer and Developer. Page 68 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 3 Rev. 10/26/2020 ARTICLE II COST PARTICIPATION 2.1 Agree to Participate. City and Developer agree to cost participate in the Project as follows: Developer will be responsible for the Developer Participation Costs and Developer Participation Cost Contingency, and City will be responsible for the City Participation Costs. The actual rate of participation by both the City and Developer will be based upon the final actual cost of the Project as reflected by the breakdown of costs required pursuant to this Agreement. 2.2 Competitive Bidding. The Project must be competitively bid pursuant to Chapter 252 of the Texas Local Government Code, as amended. a. City shall pay for all costs associated with advertising, printing, and distributing plans and specifications for the Project, and b. City will be responsible for placing the advertisements, obtaining bids, negotiating proposals, and awarding bids. 2.3 Developer Payment. Upon receipt of final bids for this Project, and execution of this Agreement by Developer, Developer shall tender to City, within thirty (30) calendar days after City Council approval of this Agreement and award of the Project construction contract, the Developer’s full payment for the amount of the Developer Participation Costs identified inExhibit C – Diamondback Intersection Bid Items, plus the 10% Developer Participation Cost Contingency. This Agreement automatically terminates if the City has not received the Developer Participation Cost amount and the Developer Participation Cost Contingency amount within thirty (30) calendar days after City Council approval of this Agreement and award of the Project construction contract. 2.4 Final Cost True-Up. Upon Final Completion of the Project, a final true-up of Project Costs will be conducted within sixty (60) days after Final Completion using all payment receipts and a final breakdown of Project Costs. Through the final Project Costs true-up process, if a Party is determined to owe the other Party additional payment, such payment shall be made to the other Party within twenty-one (21) calendar days of presentment of an invoice by the Party owed payment. ARTICLE III GOVERNMENTAL IMMUNITY 3.1 BY ENTERING INTO THIS AGREEMENT, THE CITY DOES NOT CONSENT TO SUIT; WAIVE ITS GOVERNMENTAL IMMUNITY OR THE LIMITATIONS AS TO DAMAGES UNDER THE TEXAS TORT CLAIMS ACT. 3.2 Survival. All provisions of this Article III, including, but not limited to, governmental immunity, survive termination or expiration of this Agreement. Page 69 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 4 Rev. 10/26/2020 ARTICLE IV PROJECT AND CONSTRUCTION 4.1 Independent Contractor. The Parties agree: (a) all employees, volunteers, and personnel of Developer and its contractors and subcontractors are the responsibility of Developer and will not be deemed employees or agents of City for any purpose; and (b) all employees, volunteers, and personnel of City and its contractors and subcontractors are the responsibility of City and will not be deemed employees of agents of Developer for any purpose. Nothing in this Agreement will establish a joint venture between the Developer and the City. 4.2 Requirements of Applicable Rules Remain. This Agreement does not alter, amend modify or replace any other requirements contained in the Code of Ordinances of the City of College Station, Texas, Unified Development Ordinance of the City of College Station, or other applicable law. This Agreement is not meant to satisfy additional obligations or requirements that may be necessitated by current or future development of the Developer’s property or other tracts. 4.3 Road Impact Fee Credit. Based upon the number of service units and amount of roadway facilities impact fees assessed on this Development at the time of platting or the issuance of building permits, and pursuant to Section 107-73 of the College Station Code of Ordinances and Texas Local Government Code Section 395.023, Developer or the owner of the Development may apply for a credit against roadway facilities impact fees for any construction of, contributions to, or dedications of off-site roadway facilities agreed to or required by a political subdivision as a condition of development approval for this Development and will receive a credit for all eligible expenses in accordance with Chapter 395 of the Texas Local Government Code. All provisions of this Section 4.3 survive termination or expiration of this Agreement. ARTICLE V GUARANTEE OF PERFORMANCE AND PAYMENT 5.1 Bonding Requirements of City. The City shall require its construction contractor(s) to provide performance bonds to ensure construction of the Project. For Projects exceeding fifty thousand dollars ($50,000) in total value, City will ensure its contractor performing the Project executes a payment bond to ensure payment to subcontractors and vendors. Bonds shall be on a City-approved form, be executed by a corporate surety according to Chapter 2253 of the Texas Government Code, and be for the full cost of the construction contract to which the Project relates. ARTICLE VI GENERAL PROVISIONS 6.1 Amendments. No amendment to this Agreement will be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both Parties. 6.2 Choice of Law and Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. Page 70 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 5 Rev. 10/26/2020 6.3 Authority to enter into Agreement. Each party represents that it has the full power and authority to enter into and perform this Agreement. Specifically, the person executing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The person executing this Agreement on behalf of Developer represents that he or she is authorized to sign on behalf of Developer and agrees to provide proof of such authorization to the City upon request. 6.4 Agreement read. The Parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6.5 Notice. Any notice sent under this Agreement, except as otherwise expressly required herein, shall be hand delivered, written and mailed, or sent by electronic or facsimile transmission confirmed by mailing written confirmation at substantially the same time as such electronic or facsimile transmission, or personally delivered to an officer of the receiving party at the following addresses: To Developer: To City: OGC Greens Prairie Investors, LLC City of College Station Attn: R. Hunter Goodwin Capital Improvement Projects (CIP) 2800 S. Texas Ave., Suite 401 P.O. Box 9960 Bryan, TX 77802 College Station, TX 77842 With copies to: City Attorney and City Manager P.O. Box 9960 College Station, TX 77842 Each party may change its address by written notice in accordance with this section. Any communication addressed and mailed in accordance with this section shall be deemed to be given when so mailed, any notice so sent by electronic or facsimile transmission shall be deemed to be given when receipt of such transmission is acknowledged, and any communication so delivered in person shall be deemed to be given when receipted for by, or actually received by, the party. 6.6 Term. This Agreement will terminate after expiration of the warranty period, subject to survival of other provisions, as indicated. The Agreement term may be extended by mutual written agreement of the Parties. 6.7 Binding Effect. The rights and obligations of this Agreement are binding upon the parties and their successors and permitted assigns. 6.8 Intentionally deleted. 6.9 Assignment. This Agreement and the rights and obligations contained herein may not be assigned by Developer without the prior written approval of the City. Page 71 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 6 Rev. 10/26/2020 6.10 Default. In the event of a breach of this Agreement by Developer, City may terminate this Agreement and exercise any and all legal remedies. 6.11 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. 6.12 Duplicate Originals. The parties may execute this Agreement in duplicate originals, each of equal dignity. 6.13 Recitals. The "WHEREAS" clauses set forth above are expressly incorporated in and form part of the terms of this Agreement. 6.14 Captions. The captions contained in this Agreement are for convenience of reference only and in no way limit or enlarge the terms and conditions of this Agreement. 6.15 Singular and Plural. All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires. 6.16 Ambiguity. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement. 6.17 No Third Party Beneficiaries. No person or entity shall be a third party beneficiary to this Agreement or shall have any right or cause of action hereunder; provided, the owner(s) of all or any portion of the Development shall be a third party beneficiary of the terms of Section 4.3 of the Agreement. 6.18 No Partnership. This Agreement and the transactions and performances contemplated hereby shall not create any manner of partnership, joint venture or similar relationship between the Parties. 6.19 Exhibits. All exhibits to this Agreement are incorporated and made part of this Agreement for all purposes. Page 72 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 7 Rev. 10/26/2020 List of Exhibits: A. Schematic Depiction of Project B. Project Plans C. Diamondback Intersection Items with Scope D. Legal Description of Development OGC GREENS PRAIRIE CITY OF COLLEGE STATION INVESTORS, LLC BY: __________________________ BY: _________________________ City Manager Printed Name:__________________ Date:______________ Title:__________________________ APPROVED Date:______________ _____________________________ City Attorney Date:______________ _____________________________ Assistant City Manager/CFO Date:______________ Page 73 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 8 Rev. 10/26/2020 Exhibit A Schematic Depiction of Project See attached. Page 74 of 197 ArcGIS Web Map Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user City Limits Background Blocker Texas A&M Property Easterwood Airport Parks Streets Local Street Arterial or Collector Freeway 5/1/2020, 10:53:23 AM 0 1,000 2,000500ft 0 380 760190m 1:15,799 Web AppBuilder for ArcGIS Esri, HERE, NPS | City of College Station, IT Department, GIS Office | City of College Station Planning and Development Services 1101 Texas Ave College Station, TX 77842 (979)764-3570 | Maintained by the City of College Station Texas | Esri, HERE, NPS |Page 75 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 9 Rev. 10/26/2020 Exhibit B Project Plans Page 76 of 197 Page 77 of 197 Page 78 of 197 Page 79 of 197 Page 80 of 197 Page 81 of 197 Page 82 of 197 Page 83 of 197 Page 84 of 197 Page 85 of 197 Page 86 of 197 Page 87 of 197 Page 88 of 197 Page 89 of 197 Page 90 of 197 Page 91 of 197 Page 92 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 10 Rev. 10/26/2020 Exhibit C Diamondback Intersection Bid Items See attached Page 93 of 197 189 6 EA Remove and haul off trees per plans & specifications and dispose offsite, to include clearing and grubbing in vicinity of removals, all material, labor and equipment to complete the work. 190 670 SY Clear and grub easement and remove trees as shown on plans & specifications, to include all material, labor and equipment to complete the work. 191 233 LF Remove 16" PVC water line as shown on plans & specifications and dispose offsite, to include all material, labor and equipment to complete the work. 192 277 CY Excavation (in situ) of material in right-of-way to meet design grades of roadway and temporary paving, including hauling, stockpiling, and disposing of excess, to include all material, labor and equipment to complete the work. 193 287 SY Install 10" thick continuously reinforced concrete pavement (CRCP) with monolithic curb, as shown on plans & specifications, including all materials, labor and equipment to complete the work complete in-place. 194 287 SY Install 8" chemically stabilized and compacted subgrade (4% lime & 3% cement) as shown on plans & specifications, to include proof-rolling, sprinkling, and rolling, all material, labor and equipment to complete the work, complete in-place. (Does not include cost of lime or cement.) 195 3.4 TON Lime for stabilization of subgrade. 196 2.6 TON Cement for stabilization of subgrade. 197 418 SY Install 6" thick concrete intersections as shown on plans & specifications, to include 8" thick chemically stabilized and compacted subgrade (4% lime & 3% cement) and monolithic curb, all materials, labor and equipment to complete the work, complete in-place. To include school and commercial driveways. 198 2 EA Install 8' ADA concrete ramps as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. DIAMONDBACK INTERSECTION Page 94 of 197 199 14 SY Install raised colored (Butterfield, Integral - Base: U34 Brick Red, Release: R13 Deep Charcoal) and stamped (New Brick Running Bond) concrete including concrete and sub-base as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. 200 11 LF Furnish and Install 18" diameter reinforced concrete pipe, Class IV, with structural backfill, as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. 201 368 LF Furnish and Install 8" (W) (SLD) reflective pavement marking (TY I), sealer, and surface preparation as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. 202 164 LF Furnish and Install 24" (W) (SLD) reflective pavement marking (TY I), sealer, and surface preparation as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. 203 19 EA Furnish and Install TY II-C-R reflective pavement marker as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. 204 3 EA Furnish and Install (W) (ARROW) reflective pavement marking (TY I), sealer, and surface preparation as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. 205 3 EA Furnish and Install (W) (WORD) reflective pavement marking (TY I), sealer, and surface preparation as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. 206 4 EA Furnish and Install Type 3 post mounted barricade as shown on plans & specifications, to include all materials, labor and equipment to complete the work, complete in-place. 207 1 EA Furnish and Install 4-Section, 12-inch, LED Signal Head w/Louvered Black Aluminum Backplate (Arr-R, Arr-Y, Arr-Y, Arr-G) as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 208 1 EA Furnish and Install Streetscape Signal Pole, 30 ft-long with Luminaire, Bronze, Powder Finished as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. Page 95 of 197 209 2 EA Furnish and Install 1-Section LED, 16-inch Pedestrian Countdown Signal Head, w/9" Symbol/Man (Black) as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 210 2 EA Furnish and Install Astro-Brac Cable Mount Assy (AB-0131-1-Way Ped Assy w/84" Cable) as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 211 1 EA Furnish and Install Pedestrian Push-Button Assembly (Polara Brand APS) w/ Educational "Push Button To Cross Street" Sign 9"x15" R10-3eR as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 212 1 EA Furnish and Install Pedestrian Push-Button Assembly (Polara Brand APS) w/ Educational "Push Button To Cross Street" Sign 9"x15" R10-3eL as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 213 1 EA Furnish and Install 11-ft long Streetscape Pedestal Pole, Bronze, Powder Finished over Galvanized Steel w/ Flanged Base and Pole Collars as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 214 1 EA Furnish and Install ATB2 LED Luminaires, w/8-ft-long Streetscape Support Arms, Bronze as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 215 13 LF Furnish and Install Signal Pole Foundation, 36-inch Diameter as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 216 6 LF Furnish and Install Signal Pole Foundation, 24-inch Diameter as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 217 25 LF Furnish and Install Conduit, 2"-Diameter, Schedule 40 PVC as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 218 5 LF Furnish and Install Conduit, 4"-Diameter, Schedule 40 PVC as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 219 108 LF Furnish and Install 7/C #12 AWG Stranded Signal Cable as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. Page 96 of 197 220 460 LF Furnish and Install 5/C #12 AWG Stranded Signal Cable as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 221 175 LF Furnish and Install THHN 3-1/C #12 Luminaire Cable as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 222 30 LF Furnish and Install Bare Electrical Conductor #8 Wire (Stranded) for Grounding as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 223 1 EA Furnish and Install Confirmation Lights w/ Duracell 75 Watt A19 LED bulbs, w/Power Cable as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 224 20 LF Furnish and Install 3/C #14 AWG Tray Cable for Red Light Confirmation as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 225 1 EA Furnish and Install "Left Turn Yield on Flashing Yellow Arrow" sign (36"x42")(R10-17T) on Signal Mast Arm (3M DG3 Material) as shown on plans & specifications, to include all materials, labor, and equipment to complete the work, complete and in place. 226 241 LF Furnish and Install 16" diameter DR14 C-905 PVC water pipe by open cut with restrained joints and structural backfill, as shown on plans & specifications, to include all materials, testing, disinfection, labor and equipment to complete the work, complete in-place. 227 92 LF Furnish and install 24" steel casing, 3/8" thick, (excluding carrier pipe) as shown on plans & specifications, to include spacers, neoprene seal, and all materials, labor and equipment to complete the work, complete in-place. 228 4 EA Furnish and Install 16"- 45° MJ Bend with thrust blocking as shown on plans & specifications to include all material, labor and equipment to complete the work. 229 1 EA Furnish and Install 16" MJ Gate Valve and box with thrust blocking, as shown on plans & specifications to include all material, labor and equipment to complete the work. 230 241 LF Trench Safety Page 97 of 197 231 2 EA Connect to existing waterline, all sizes, as shown on plans & specifications to include all required fittings, adapters, etc., all material, labor and equipment to complete the work. 232 1 EA Relocate air release valve as shown on plans & specifications, to include all material, labor and equipment to complete the work. 233 100 CY As needed, rock cut for utility installation to include all material, labor and equipment to complete the work. 234 256 LF Furnish and install tree protection fence as shown on plans & specifications and as directed by the Arborist, complete in-place. Subtotal: Diamondback Intersection $ Page 98 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 11 Rev. 10/26/2020 Exhibit D Legal Description of Development Field notes of a 368.57 acre tract or parcel of land, lying and being situated in the A. Babille Survey Abstract No. 75 and in the William Clark Survey, Abstract No. 101, College Station, Brazos County, Texas, and being part of the 369.894 acre tract described in the following three instruments: 1. Nina Benware Margraves to Green Prairie Ranch, Limited recorded Volume 2747, Page 111, of the Official Records of Brazos County, Texas; 2. Nancy Margraves Hoover to Green Prairie Ranch, Limited recorded in Volume 2747, Page 121, of the Official Records of Brazos County, Texas; 3. Ross D. Margraves, Jr. to Green Prairie Ranch, Limited recorded in Volume 2747, Page 131, of the Official Records of Brazos County, Texas; and said 369.894 being more particularly described as follows: BEGINNING at a ½” iron rod found at a 20” post oak tree fence corner found marking the common corner between the beforementioned 369.894 acre tract and a 10.000 acre tract described in the deed to James R. Saunders recorded in Volume 334, Page 191, of the Deed Records of Brazos County, Texas, said corner being an ell corner of the 369.894 acre tract; THENCE N 44° 08’ 50” E along the common line between the beforementioned 369.894 acre tract and the beforementioned 10.000 acre tract (no fence), for a distance of 361.11 feet to a ½” iron rod and cap set at the lower east corner of the said 10.000 acre tract and in the fenced west line of Arrington Road; THENCE along the fenced west line of Arrington Road, as follows: S 00° 01’ 11” E for a distance of 265.25 feet to a 4” creosote post, S 02° 03’ 56” E crossing a cattle guard entrance for a distance of 154.82 feet to a “T” post, S 00° 46’ 35” E for a distance of 143.42 feet to a “T” post, S 00° 38’ 22” W for a distance of 457.47 feet to a 3” cedar post, S 01° 49’ 31” W for a distance of 393.47 feet to a ½” iron rod and cap set in the common line between the beforementioned 369.894 acre tract and a 300 acre tract described in the deed to Jerry Windham, recorded in Volume 315, Page 734, of the Deed Records of Brazos County, Texas, from which a 6” creosote fence post bears S 01° 50’ W - 17.9 feet; THENCE S 44° 07’ 51” W along the common line between the beforementioned 369.894 acre tract and the beforementioned 300 acre tract, adjacent to a fence, for a distance of 2860.99 feet to a ½” iron rod and cap set at the common corner between the said 369.894 acre tract and the 300 acre tract, from which a 10” creosote post fence corner bears S 45° 19’ E - 2.1 feet; Page 99 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 12 Rev. 10/26/2020 THENCE along the common line between the beforementioned 369.894 acre tract lying to the northeast, and the following two tracts lying to the southwest: the beforementioned Windham - 300 acre tract and a 230.13 acre tract described in the deed to Jerry Windham, recorded in Volume 502, Page 672, of the Deed Records of Brazos County, Texas, adjacent to a fence, as follows: N 45° 19’ 13” W for a distance of 812.20 feet to a ½” iron rod and cap set in the middle of an H- Brace at the common corner between the beforementioned 300 acre tract and the beforementioned 230.13 acre tract, N 46° 15’ 06” W for a distance of 2021.67 feet to a dead tree fence corner, N 46° 39’ 49” E for a distance of 335.77 feet to an 8” creosote post fence corner, N 41° 37’ 40” W for a distance of 1990.85 feet to a ½” iron rod and cap set at a 10 ” creosote post fence corner marking the north corner of the said 230.13 acre tract and in the southeast fenced line of Green Prairie Road West; THENCE along the fenced southeast line of Green Prairie Road, as follows: N 45° 03’ 31” E for a distance of 1610.40 feet to a 4” x 4” fence post at a cattle guard entrance, N 43° 52’ 23” E for a distance of 1464.25 feet to a ½” iron rod found marking the west corner of a 3.811 acre - Tract Two described in the deed to Jason Storm, recorded in Volume 10460, Page 41, of the Official Records of Brazos County, Texas, and in the northeast line of the beforementioned 369.894 acre tract, from which a 6” creosote post fence corner bears S 35° 06’ W - 2.1 feet; THENCE along the common line between the beforementioned 369.894 acre tract, lying to the southwest, and the following 8 tracts, lying to the northeast: 1) the beforementioned Storm - 3.811 acre tract, 2) a 1.24 acre - Tract One described in the deed to Jason Storm, recorded in Volume 10460, Page 41, of the Official Records of Brazos County, Texas, 3) a 1.45 acre tract described in the deed to Matt Medlock recorded in Volume 699, Page 656, of the Official Records of Brazos County, Texas, 4) a 1.46 acre tract described in the deed to Anthony Medlock recorded in volume 7239, Page 22, of the Official Records of Brazos County, Texas, (see Tract One of Volume 1407, Page 250, of the Official Records of Brazos County, Texas, for description), 5) a 1.50 acre tract described in the deed to William S. Steele, recorded in Volume 582, Page 682, of the Deed Records of Brazos County, Texas, 6) a 1.50 acre tract described in the deed to The Bank of America, N.A., recorded in Volume 11211, Page 29, of the Official Records of Brazos County, Texas, 7) the remainder of a 29.476 acre tract described in the deed to James Willard Craig, Jr., recorded in Volume 875, Page 269, of the Official Records of Brazos County, Texas, and 8) the beforementioned Saunders - 10.000 acre tract, adjacent to a fence, as follows: Page 100 of 197 {00641962 3}Participation Agreement – Construction of Infrastructure 13 Rev. 10/26/2020 S 44° 28’ 16” E for a distance of 52.86 feet to a ½” iron rod and cap set, S 47° 00’ 17” E for a distance of 202.30 feet to a 12” post oak tree, S 46° 40’ 49” E for a distance of 145.33 feet to a 3/8” iron rod found, S 47° 13’ 09” E for a distance of 175.00 feet to a 3/8” iron rod found bent, marking the common corner between the beforementioned Storm - 1.24 acre tract, and the beforementioned Medlock - 1.45 acre tract, S 45° 47’ 36” E for a distance of 233.06 feet to a ½” iron rod and cap set at the common corner between the beforementioned Medlock - 1.45 acre tract and the beforementioned Medlock - 1.46 acre tract, S 46° 13’ 04” E for a distance of 233.34 feet to a ½” iron rod and cap set at the common corner between the beforementioned Medlock - 1.46 acre tract and the beforementioned Steele - 1.50 acre tract, S 45° 23’ 10” E for a distance of 233.20 feet to a 3/8” iron rod found marking the common corner between the beforementioned Steele - 1.50 acre tract and the beforementioned Bank of America - 1.50 acre tract, S 45° 41’ 39” E for a distance of 164.41 feet to a ½” iron rod and cap set, S 45° 55’ 03” E for a distance of 74.15 feet to a ½” iron rod found marking the common corner between the beforementioned Bank of America - 1.50 acre tract and the beforementioned Craig - remainder of the 29.476 acre tract, S 45° 57’ 18” E for a distance of 762.79 feet to a ½” iron rod found marking the common corner between the beforementioned Craig remainder of the 29.476 acre tract and the beforementioned Saunders - 10.000 acre tract, S 49° 28’ 01” E for a distance of 22.82 feet to a 36” dead tree, S 46° 02’ 52” E for a distance of 392.37 feet to an 18” post oak tree, S 45° 11’ 38” E for a distance of 441.53 feet to a 30” dead post oak tree, S 42° 50’ 01” E for a distance of 675.32 feet to the PLACE OF BEGINNING, containing 368.57 acres of land, more or less. Page 101 of 197 May 27, 2021 Item No. 8.7. Royder Rd Name Change Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance to rename Royder Road to Old Royder Road from the realigned roadway to Victoria. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval Summary: In an effort to maximize efficiency for emergency responders including fire, police, and medical services, the City of College Station strives to maintain street names that are clearly distinguishable from others within our local 9-1-1 service area. Due to the City of College Station plans to realign Royder Road to connect to FM 2154 instead of Victoria Avenue, City staff is recommending that the street name for the section of Royder between the realignment and Victoria be named Old Royder Road. The name of Royder Road will be carried along the realignment to its intersection with FM 2154. The owners and residents of the properties that are addressed on these roadways have been notified by letter of the proposed changes. If the proposed ordinance is adopted, a follow up notice will be mailed to these parties to notify them that the changes have been implemented. Budget & Financial Summary: Budget in the amount of $5,290,812 is included for this project in the Streets Capital Projects Fund. A total of $ 4,583,633.77 has been expended or committed to date, leaving a balance of $707,178.23 in the total project budget. These funds are sufficient for the sign changes needed for this renaming. Attachments: 1.Exhibit Map 2.Ordinance (Royder Phase 2)_rev_4-30-2021 Page 102 of 197 ALLEY P1-735BURKHALTERLNGUS R O Y R D QUARTZC REEKCTHAZY MEADO W CT LO WRY MEA D O W LN CARNESC TSSILVER SPRINGS CT MADISON ST CRIPPLECREEKCTSHALLOWCREEKLOLIVE OAK STROYDER RDSDOWLINGRDKOPPEBRIDGERD C E D A R C R E E K C T MEADOWPASSV IC T O R IA A V FM 2154CREEK MEADOWBLN N 0 425212.5 Feet This product is for informational purposes only and has not been prepared for and is not suitable for legal, engineering, construction, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of certain geographic features. No warranty, expressed or implied, is made by the City of College Station as to the accuracy, completeness, suitability, or timeliness of the inform ation contained herein.The City of College Station assumes no responsibility for any private or commercial use, misuse, reliance, or interpretation of the information provided herein, or any loss resulting therefrom . City of College Station Page 103 of 197 ORDINANCE NO. _____ AN ORDINANCE RENAMING ROYDER ROAD AS OLD ROYDER ROAD BETWEEN THE REALIGNED SECTION OF ROYDER ROAD AND VICTORIA AVENUE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a street located within the City of College Station, Texas (“City”) that is named “Royder Road”; and WHEREAS, the City is realigning Royder Road from its current intersection with Victoria Avenue to connect to FM 2154; and WHEREAS, the City strives to maximize efficiency for emergency responders and to maintain street names that are clearly distinguishable from others within the local 911 service area; and WHEREAS, the City Council of the City of College Station desires to rename Royder Road between the realigned roadway and Victoria Avenue as Old Royder Road to assist in providing continuous street name corridors as depicted in Exhibit “A” attached hereto and incorporated herein for all purposes; and WHEREAS, the property owners currently addressed off of Royder Road have been notified of the proposed street name change and may continue to receive mail from the U.S. Postal Service at the current address or the new address for up to one and a half years to assist in the transition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the street currently named Royder Road between realigned Royder Road and Victoria Avenue be renamed Old Royder Road as graphically depicted in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:The City Manager or his designee is authorized to expend funds and to take all measures reasonably necessary to give effect to the street name changes in accordance with this Ordinance. PART 3: That if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, and the remaining provisions of the Ordinance shall be interpreted as if the offending section or clause never existed. PART 4:This Ordinance goes into effect immediately upon passage by the City Council. Page 104 of 197 ORDINANCE NO._____Page 2 of 3 PASSED, ADOPTED and APPROVED this 27th day of May, 2021. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 105 of 197 ORDINANCE NO._____Page 3 of 3 EXHIBIT A Page 106 of 197 May 27, 2021 Item No. 8.8. Rock Prairie UP Railroad Agreement Sponsor:Emily Fisher, Assistant Director of Public Works Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an agreement between the City of College Station and Union Pacific Railroad Company to reconstruct and widen the existing permitted Rock Prairie railroad crossing. Relationship to Strategic Goals: 1. Core Services and Infrastructure 2. Improving Mobility Recommendation(s): Staff recommends approval Summary: The City is undertaking a project to widen Rock Prairie from FM 2154 to Holleman Drive from a 2 lane rural roadway to 3 lane concrete section with bike lanes and sidewalks. This includes widening the railroad crossing and improving the interconnect signal at the intersection Rock Prairie and FM 2154. This will significantly help with the mobility and safety of this intersection. Widening the crossing and improving the gates of the existing crossing requires design and approval by Union Pacific Railroad. This agreement will allow the City to widen the roadway across the railroad right of way with the payment of Right-of-Way fee, Maintenance fees and a Construction reimbursement payment from the City to Union Pacific Railroad. The amount to be paid to UPRR totals $1,142,022.00. This includes $51,800 for use of UP’s right of way, $306,000 for maintenance of the crossing for the next 20 years, and $784,222 for the construction of the railroad crossing signal. Budget & Financial Summary: Budget in the amount of $7,390,000 is included for this project in the Streets Capital Projects Fund. A total of $930,360.53 has been expended or committed to date, leaving a balance of $6,459,639.47 in the total project budget for this agreement obligations and future construction. Attachments: 1.Project Map 2.1621-25 Public Highway At Grade Crossing-signal revised Page 107 of 197 HOL L EMAN DR SROCK PRAIRIE RDFM 2154 FM 2154 OLD WELLBORN RDHANN OVER STGENERAL PWCAIN RDOAK CREST MARTA STFREDRICK CT VON TRAPP LN AIRBOR NEAV D E ACONDRWRI D GE CRESTGRAHAM RD N . Rock Prairie West Widening Project Page 108 of 197 1 UP Real Estate Folder No.: 1621-25 Audit Number ___________________ PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT ROCK PRAIRIE ROAD DOT 906632N MILE POST 69.7, NAVASOTA SUBDIVISION COLLEGE STATION. BRAZOS COUNTY, TEXAS THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and CITY OF COLLEGE STATION, a municipal corporation or political subdivision of the State of Texas to be addressed at 1100 S Texas Avenue, College Station, TX 77840 ("Political Body"). RECITALS: By instrument dated March 17, 1998 the Railroad and the Political Body entered into an agreement (the “Original Agreement”) covering the construction, use, maintenance and repair of an at grade public road crossing over Rock Prairie Road DOT Number 906632N at Railroad’s Milepost 69.7 on Railroad’s Navasota Subdivision at or near College Station, Brazos County, Texas. The Political Body now desires to undertake as its project (the “Project”) the reconstruction and widening of the road crossing that was constructed under the Original Agreement. The road crossing, as reconstructed and widened is hereinafter the “Roadway” and the portion of the Railroad's property where the Roadway crosses the Railroad’s property is the “Crossing Area.” The right of way granted by the Railroad to the Political Body under the terms of the Original Agreement or a separate document is not sufficient to allow for the reconstruction and widening of the Roadway. Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway. The portion of Railroad’s property that Political Body needs to use in connection with the Roadway (“New Crossing Area”) including the right of way area covered under the Original Agreement or in a separate document ("Existing Crossing Area”) is shown on the print marked Exhibit A and also plans marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the “Crossing Area”). Page 109 of 197 2 In support of its Project, the Political Body has requested the Railroad’s cooperation in connection with installing grade crossing protection devices, installing highway traffic control signals, and installing the necessary relays and other materials required to interconnect and coordinate the operation of said railroad grade crossing protection devices with the operation of said highway traffic control signals. Said work is to be performed at the sole expense of Political Body. The Railroad and the Political Body are entering into this Agreement to cover the above. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration of the sum of FIFTY ONE THOUSAND EIGHT HUNDRED DOLLARS ($51,800.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration] of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. For purposes of advanced signal preemption, Railroad hereby grants permission and authority to Political Body and/or its Contractor (as defined below) to install the conduit with the necessary wiring on Railroad right of way on the condition that prior to performing any work on Railroad's property, Political Body shall, or shall require its Contractor to, notify the Railroad and/or enter into a right of entry agreement with Railroad, as applicable pursuant to the terms and conditions of this Agreement. Section 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority. Page 110 of 197 3 Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to: •execute the Railroad's then current Contractor's Right of Entry Agreement •obtain the then current insurance required in the Contractor’s Right of Entry Agreement; and •provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No. 1621-25 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Page 111 of 197 4 Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Political Body's sole cost!and expense, is described in the Railroad's Material and Force Account Estimate dated 3/24/2021 and 3/28/2021, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is SEVEN HUNDRED EIGHTY FOUR THOUSAND TWO HUNDRED TWENTY TWO DOLLARS ($784,222.00). B.The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimate. C.The Political Body acknowledges that the Estimate does not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. D.The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed. E.The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A.The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and Page 112 of 197 5 submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B.The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C.No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D.The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON-RAILROAD IMPROVEMENTS A.Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B.Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and Page 113 of 197 6 specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATION A.This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property. B.The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date. C.If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i)The Railroad and Political Body have executed this Agreement. (ii)The Railroad has provided to the Political Body the Railroad’s written approval of the Plans. (iii)Each Contractor has executed Railroad’s Contractor’s Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor’s Right of Entry Agreement. (iv)Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement. Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body Page 114 of 197 7 agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A.Political Body shall not assign this Agreement without the prior written consent of Railroad. B.Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement. Section 15. TERMINATION OF ORIGINAL AGREEMENT Upon the completion of the Roadway, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway. Section 16. SIGNAL PREEMPTION A.Political Body and Railroad, severally and collectively, agree to interconnect and coordinate the operation of the railroad grade crossing protection devices with the operation of the highway traffic control signals at the Crossing Area, in accordance with the design schematic marked Exhibit E, hereto attached and hereby made a part hereof (the “Designs”). Page 115 of 197 8 B . Political Body, at its expense, shall furnish all material, labor, equipment and supervision for the installation and maintenance of highway traffic control signals at the Crossing Area, as applicable in accordance with the Designs. C.Railroad, at Political Body’s expense, shall furnish all material, labor,! equipment and supervision for the work described in the Estimate(s) and in accordance with the Designs, including, as applicable, installation of signals and/or appurtenances and installation of the necessary relays and other materials required to interconnect and coordinate the operation of the highway traffic control signals to be installed by the Political Body. D.Each party shall take all suitable precautions to prevent any! interference (by induction, leakage of electricity or otherwise) with the operation of the other party’s signals or communications lines, or those of its tenants; and if, at any time, the operation or maintenance of its signals results in any electrostatic effects, the party whose signals are causing the interference shall, at its expense, immediately take such action as may be necessary to eliminate such interference. E.Except as set forth in this Section, Political Body shall not be liable to! Railroad on account of any failure of Railroad's warning devices to operate properly, nor shall Railroad have or be entitled to maintain any action against Political Body arising from any failure from Railroad's warning devices to operate properly. Similarly, Railroad shall not be liable to Political Body on account of any failure of Political Body’s traffic signal to operate properly, nor shall Political Body have or be entitled to maintain any action against Railroad arising from any failure of Political Body’s traffic signal to operate properly. Section 17. SIGNAL MAINTENANCE COSTS Also on the Effective Date, the Political Body agrees to pay to Railroad the sum, of THREE HUNDRED SIX THOUSAND DOLLARS AND ZERO ONE HUNDREDTHS ($306,000.00) as advanced payment for Railroad's maintenance of the railroad crossing warning for the next twenty (20) years. On or before the date that is the twentieth anniversary of the Effective Date (“Twenty Year Anniversary Date”), as well as on the anniversary date of each subsequent one year period, a new, annual, fee will be calculated for signal maintenance. This new annual fee will be determined by the Railroad and will be based on the then-current number of signal units at the Crossing Area, and the per unit amount will be determined at a rate based on the American Association of Railroad’s (AAR) signal unit cost index. The Political Body shall pay to the Railroad such new annual maintenance fees and such changes in the maintenance fee may be made by the Railroad by means of automatic adjustment in billing. Such new annual fees calculated after the Twenty Year Anniversary Date may be re- determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which such annual fee was last determined or established. Such changes in the maintenance fee may be made by means of automatic adjustment in billing. Page 116 of 197 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: _________________________________ Printed Name: ________________________ Title: ________________________________ CITY OF COLLEGE STATION By: ________________________________ Printed Name: ________________________ Title: ________________________________ Page 117 of 197 EXHIBIT A TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT Exhibit A will be a print showing the Crossing Area (see Recitals) Page 118 of 197 Page 119 of 197 EXHIBIT A-1 TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT Exhibit A-1 will be the plans of the Crossing Area (see Recitals) Page 120 of 197 60+00 61+00 62+00 63+00 DATE:3:31:34 PMFILE:9/18/2018\\csdc1\data\BBI\Trans\155111_Rock_Prairie_Rd_Rehab\CADD\Drawings\GNEX_RR_Exhibit_05.dgnPDF_Gray_NoLayers.pltUSER:PLOTDRIVER:Rock_Prairie_Rd_W.tblPENTABLE:SHEET NUMBERPROJECT NUMBER 0'40'20'10' ST1604 WIDENING PROJECT ROCK PRAIRIE ROAD WEST 9/18/2018 TEXAS REGISTRATION NO. 87879 ELEANOR R. RIVERA, P.E. RESPONSIBLE ENGINEER: OR PERMIT PURPOSES. FOR CONSTRUCTION, BIDDING INTERIM REVIEW AND NOT THESE DOCUMENTS ARE FOR TREE GUY WIRE WATER LINE VERIZON BTU OVERHEAD ELECTRIC QWEST FIBER QWEST FIBER OPTIC SUDDENLINK OVERHEAD LINE LEGEND: EXIST FIBER OPTIC LINECSFO WTR VERIZON TV BTU OHE ATMOS GAS LINEATMOS GAS PROP FIBER OPTIC LINEFO CSU UGE CSU UNDERGROUND ELECTRIC 10' SIDEWALK 10' SIDEWALK 24" STOP BAR TRACK PANEL 128' CONCRETE [ UPRR UPRR LINE [ FUTURE 25' GATE ARM PROP 18" RCP PROP 18" RCP PROP 18" RCP 25' GATE ARM 25' GATE ARM 11' THRU LANE 11' THRU LANE PROPOSED [ ROCK PRAIRIE ROAD WEST C-C 6' PROPOSED RAILROAD CROSSING TYPICAL SECTION N.T.S. SCOPE OF WORK 24" STOP BAR (WELLBORN ROAD) FM 2154 RAILROAD EXHIBIT CROSSING. FOR CONSTRUCTION OF RAILROAD CONTRACTOR TO COORDINATE WITH UPRR NOTES: 11' TURN LANE 11' THRU LANE 11' THRU LANE 11' TURN LANE FIBER OPTIC LINE EXISTING SPRINT 1 2 FIBER OPTIC LINE EXISTING L3 COMMUNICATIONS 2 1 2 89.33° 1 N.T.S. AT UPRR CROSSING PROPOSED ROCK PRAIRIE TYPICAL SECTION 20' 50'50' 100' UPRR ROW 15.6' 315 LF PAST INTERSECTION EXISTING RAILROAD STRIPING 15' 1 2 CANTILEVER 175' 15' 2 10'RAMP CUT THROUGH PROP 9' X 5' PROP TYPE 7 RAMP PROP TYPE 7 RAMP INSTALL RAILROAD SIGNS INSTALL PAVEMENT MARKINGS ON APPROACHES INSTALL ROADWAY APPROACHES WORK BY CONTRACTORS INSTALL GATE ARMS WITH FLASHING SIGNALS INSTALL CANTILEVER WITH FLASHING SIGNALS INSTALL CONCRETE PANELS WORK BY RAILROAD Phase Diagram RING 2 RING 1 01 02 0605 03 04 0807 3 (24X30) R8-8 (36 DIA) W10-1 R15-8 (18X9) ROCK PRAIRIE ROAD WEST PROP [ SIDEWALKSIDEWALK VARIESBUFFERVARIESBUFFEREXIST ROWEXIST ROWLANE LANE MEDIAN100' ROW .10'11'TURN11'LANE11'LANE11'TURN10'11'LANE11'LANE10'. 0.725%0.725% EXIST ROW EXIST ROW EXIST ROW E XIST R O W DO NOT STOP ON TRACKS R R PROP TYPE 7 RAMP PROP TYPE 7 RAMP RAMP CUT THROUGH PROP 9' X 5' W/ REFLECTIVE SHEETING PROP MAZE FENCING W/ REFLECTIVE SHEETING PROP MAZE FENCING W/ REFLECTIVE SHEETING PROP MAZE FENCING W/ REFLECTIVE SHEETING PROP MAZE FENCING 3 3 4 3 3 (36x12) R6-1R (48x48x48) R1-2RAILROADC R O S S I N G(48x9) R15-1 4 TYPE III BARRICADES EXIST UPRR ROWEXIST UPRR ROWLOOK Page 121 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 1 EXHIBIT B TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating Page 122 of 197 2 property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. Page 123 of 197 3 SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental Page 124 of 197 4 thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Page 125 of 197 5 Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. (iii) Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Page 126 of 197 6 Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice Page 127 of 197 7 President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except Page 128 of 197 8 holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. Page 129 of 197 9 C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. Page 130 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT C TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimate. Page 131 of 197 Material And Force Account Estimate CITY OF COLLEGE STATION Estimate Creation Date: 7/2/2019 Number: 119246 Version: 2 Estimate Good Until 03/24/22 Location: NAVASOTA SUB, SIMN, 48.75-49 Buy America: Yes Description of Work: COLLEGE STATION, TX ROCK PRAIRIE ROAD MP 69.70 NAVASOTA SUBDIVISION DOT# 906632N WO#45819 PID#102063 100% RECOLLECTABLE COMMENTS Description SubDivision From To QTY UOM Unit LABOR MATERIAL TOTAL UP 00%Agncy 100% MP MP Cost SIGNAL Xing - 1 Trk CWE w/Four Quad Gates NAVASOTA SUB 48.75 49 1 EA 192,474.00 67,200 125,274 192,474 0 192,474 Xing - Track Card (Main and Stand-by) New Cable 3 EA 12,889.00 18,000 20,667 38,667 0 38,667 Xing - Sidelight 4 EA 907.00 0 3,628 3,628 0 3,628 Xing - Cantilever Arm <41'32 LF 767.00 0 24,544 24,544 0 24,544 Xing - Cantilever Mast <37' Cant 1 EA 23,613.00 18,750 4,863 23,613 0 23,613 Xing - Dax Cable 1000'1.25 EA 6,440.00 5,000 3,050 8,050 0 8,050 Xing - Track Filter/Battery Choke 1 EA 240.00 0 240 240 0 240 Xing - Remove Location (Gates/Cants) 1 LS 4,000.00 4,000 0 4,000 0 4,000 Xing - Engineering Design 1 LS 12,989.00 12,989 0 12,989 0 12,989 Xing - Boring 1 LS 20,000.00 0 20,000 20,000 0 20,000 Xing - Meter Service 1 LS 10,000.00 0 10,000 10,000 0 10,000 Xing - Fill/Rock/Gravel 1 LS 20,000.00 0 20,000 20,000 0 20,000 Xing - Contract Services for Preempt Cutover 1 LS 20,000.00 0 20,000 20,000 0 20,000 Xing - Labor Additive 1 LS 145,826.00 145,826 0 145,826 0 145,826 Sub-Total = 271,765 252,266 524,031 0 524,031 Totals = 271,765 252,266 524,031 0 524,031 Grand Total = $524,031 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, CITY OF COLLEGE STATION will pay actual construction costs at the current rates effective thereof. ______________________________________________________________________________________________________________________________________________________________________________________________ Wednesday, March 24, 2021 Page 1 of 1Page 132 of 197 Material And Force Account EstimateCollege StationEstimate Number: 123446 Version: 1Standard Rates: Labor Additive = 233.58%Estimate Good Until 03/28/22Location: NAVASOTA SUB, SIMN, 69.68-69.72Description of Work: Navasota Sub. MP 69.7DOT 906632N, Rock Prairie Road, College Station, TX.Install new 128 ft crossingPrepared For: Buy America: YesCOMMENTS FACILITY Description QTY UOM UCST LABOR MATERIAL TOTAL UP %0 Agcy %100ENGINEERING Engineering1LS24,418.0024,418024,418024,418 Bill Prep Fee - Track Surface RECOLLECT1LS900.0009009000900 Homeline Freight - Track Surface RECOLLECT1LS900.0009009000900 Foreign Line Freight - Track Surface RECOLLECT1LS2,596.9802,5972,59702,597Sub-Total = 24,418 4,397 28,815 0 28,815TRACK CONSTRUCTION - COMPANYRDXINGRDXING 136# CON10W PP PAN COMPLETE128TF891.5568,52745,592114,1190114,119TRACK136# CWRIS0 24-8'6" HWD N 16 TP32TF772.8617,2757,45624,731024,731 Mobilization: Company1DA11,450.0011,450011,450011,450Sub-Total = 97,252 53,048 150,300 0 150,300TRACK REMOVAL - COMPANYRDXINGRemove road crossing - concrete82TF50.444,13604,13604,136TRACKRemove Track78TF24.861,93901,93901,939Sub-Total = 6,075 0 6,075 0 6,075SITE WORK - CONTRACT Asphalt: Hot Mix300TN50.00015,00015,000015,000 Traffic Control - Detour Signs & Coordination4LS2,500.00010,00010,000010,000Sub-Total = 0 25,000 25,000 0 25,000DRAINAGE - CONTRACT Drainage1LS15,000.00015,00015,000015,000Sub-Total = 0 15,000 15,000 0 15,000EQUIPMENT RENTAL Equipment Rental7LS5,000.00035,00035,000035,000Sub-Total = 0 35,000 35,000 0 35,000Total Wgt. in Tons = 585 Totals = 127,745 132,445 260,191 0 260,191Grand Total = $260,191Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, College Station will pay actual construction costs at the current rates effective thereof. _________________________________________________________________________________________________________________________________________________________________________ Sunday, March 28, 2021 Page 1 of 1Page 133 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 1 EXHIBIT D TO PUBLIC HIGHWAY AT-GRADE CROSSING AGREEMENT CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _________________________, 20______, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and _________________ ________________________________________________, a ______________________ corporation ("Contractor"). RECITALS: Contractor has been hired by ___________________________________________________ to perform work relating to ________________________________________________________________________________________________ _________________________________________________________________________________________________ _ (the "work"), with all or a portion of such work to be performed on property of Railroad in the vicinity of Railroad's Milepost __________ on Railroad's ______________________________ [Subdivision] [Branch] [at or near DOT No. _______] located at or near ____________, in _______________ County, State of ______________, as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of a contract dated ___________________ between Railroad and ________________________________________________. Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this Agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this Agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. Page 134 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 2 The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this Agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor, or any costs or expenses incurred by Railroad relating to this Agreement. B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): ___________________________________ ___________________________________ ___________________________________ ___________________________________ C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this Agreement and continue until this Agreement is terminated as provided in this Agreement or until the Contractor has completed all work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this Agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This Agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any work, Contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this Agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this Agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company __________________________ [Insert mailing address] __________________________ __________________________ Attn:______________________ Folder No. _________________ Page 135 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 3 ARTICLE 8 - DISMISSAL OF CONTRACTOR's EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 9- ADMINISTRATIVE FEE. Upon the execution and delivery of this Agreement, Contractor shall pay to Railroad _________________________________ Dollars ($__________) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this Agreement. ARTICLE 10 - CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 11.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Title:___________________________________ (Name of Contractor) By: Title: Page 136 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law 1 EXHIBIT A Exhibit A will be a print showing the general location of the work site. Page 137 of 197 Page 138 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit B Page 1 of 4 EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be Page 139 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit B Page 2 of 4 freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. In addition to other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1) any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property. Section 6. PERMITS - COMPLIANCE WITH LAWS. Page 140 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit B Page 3 of 4 In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall com ply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 8. INDEMNITY. A. To the extent not prohibited by applicable statute, Contractor shall indemnify, defend and hold harmless Railroad, its affiliates, and its and their officers, agents and employees (individually an “Indemnified Party” or collectively "Indemnified Parties") from and against any and all loss, damage, injury, liability, claim, demand, cost or expense (including, without limitation, attorney's, consultant's and expert's fees, and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor. B. The right to indemnity under this Section 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall apply regardless of any negligence or strict liability of any Indemnified Party, except where the Loss is caused by the sole active negligence of an Indemnified Party as established by the final judgment of a court of competent jurisdiction. The sole active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party. C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions brought by Contractor's own employees. Contractor waives any immunity it may have under worker's compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor acknowledges that this waiver was mutually negotiated by the parties hereto. D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers' Liability Act against a party to this Agreement may be relied upon or used by Contractor in any attempt to assert liability against any Indemnified Party. Page 141 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit B Page 4 of 4 E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit any liability Contractor may have to any Indemnified Party by statute or under common law. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. Page 142 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit C Page 1 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Provisions For Contractor’s Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: • Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to Page 143 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit C Page 2 this Agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this Agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this Agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the work as defined in the Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless the law governing this Agreement prohibits all punitive damages that might arise under this Agreement. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. Page 144 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit D Page 1 of 3 pages EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor’s employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Contractor’s company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:  100 feet of a locomotive or roadway/work equipment  15 feet of power operated tools  150 feet of jet blowers or pile drivers  150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs)  (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Page 145 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit D Page 2 of 3 pages Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be:  Familiar and comply with Railroad’s rules on lockout/tagout of equipment.  Trained in and comply with the applicable operating rules if operating any hy-rail equipment on- track.  Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. Page 146 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law Exhibit D Page 3 of 3 pages (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Page 147 of 197 Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law EXHIBIT E TO PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT Exhibit E will be signal design schematic Page 148 of 197 Page 149 of 197 Page 150 of 197 May 27, 2021 Item No. 8.9. Board of Directors for Rock Prairie Management District No. 2 Appointments Sponsor:Tanya Smith, City Secretary, Aubrey Nettles, Assistant Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding the appointments of the Board of Directors for Rock Prairie Management District No. 2. Relationship to Strategic Goals: Good Governance Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The District was created by an Act of the 83rd Legislature, Regular Session, codified at Chapter 3909, Texas Special District Local Laws Code (the "Code"). Pursuant to Section 3909.052 of the Code, the Board "shall recommend to the governing body of the City persons to serve on the succeeding board. The governing body of the City shall review the recommendations and approve or disapprove the directors recommended by the Board. A person is appointed if a majority of the members of the governing body and the mayor vote to appoint that person." On behalf of the Board, the Board of Directors request that the City Council of the City of College Station appoint Samuel Kerbel (Position No. 4) and Logan Lee (Position No. 5), to terms ending June 1, 2025. Budget & Financial Summary: None Attachments: 1.City of College Station Letter Requesting Appointment of Directors (5-13-21) RPMD2 2.Biographical Sketch - Logan Lee (RPMD 2) 3.Biographical Sketch - Samuel Kerbel (RPMD 2) Page 151 of 197 Page 152 of 197 Page 153 of 197 Logan Lee Logan is a graduate of Texas A&M with a BS in Agricultural Leadership and Development and a MS in Sports Management. Logan has called College Station home for 16 years. He played basketball for the Aggies from 2004-2007, and it was that experience where he realized that Aggieland was the place he wanted to call home. Logan currently holds the title of Director of Sales and Advertising at TexAgs.com where he has worked since 2010. Despite the pandemic, he and his wife, Katy, opened Cryotonics Wellness Studio in August of 2020 and have quickly become the top cryotherapy business in the area. Logan and Katy have two children, Cuen (5) and Harper (3). Page 154 of 197 Samuel Kerbel After graduating with a degree in Computer Science from Baylor University in 2001, Samuel and his wife, Rachel, moved to College Station to pursue a job at Mays Business School, working in IT. After 12 years at Mays, they started Skale Technologies, a software development company focused in the oil/gas industry. In 2017, Samuel also joined Nickel Bridge Capital, which is focused on providing small companies with working capital in order to help them succeed. Samuel and Rachel have loved living in College Station for the past 20 years and are proud to call it their home. Samuel and Rachel have three children, Carson (17), Kindle (14), and Kaz (8) Page 155 of 197 May 27, 2021 Item No. 8.10. Sales of dogs or cats by pet shops in the City limits. Sponsor:Chris Perkins Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance amending Chapter 6 Animals, Sections 1 and 12 regarding the sale of dogs and cats. Relationship to Strategic Goals: Good Governance Recommendation(s): Consider item for adoption. Summary: This item was requested by Council at the February 11th meeting. The proposed ordinance would prohibit pet stores from selling dogs and cats unless they were obtained from a city or county animal shelter or rescue organization. This item was presented in workshop on May 13, 2021 for discussion and recommendations. This item is now being presented for final adoption. Budget & Financial Summary: None. Attachments: 1.CH 6 Animals Pet Store Ordinance Page 156 of 197 Ordinance Form 8-14-17 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 6, “ANIMALS,” ARTICLE I, “IN GENERAL,” SECTION 6-1 “DEFINITIONS” AND SECTION 6-12, “SALE OF ANIMALS” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO THE SALE OF ANIMALS; 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 6, “Animals,” Article 1, “In General,” Section 6-1 “Definitions” and Section 6-12, “Sale of Animals” 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 157 of 197 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 158 of 197 ORDINANCE NO._____Page 3 of 3 Ordinance Form 8-14-17 EXHIBIT A That Chapter 6, “Animals,” Article 1, “In General,” Section 6-1 “Definitions” of the Code of Ordinances of the City of College Station, Texas, is hereby amended by adding and is to read as follows: Sec. 6-1 - Definitions Animal Rescue Organization means a non-profit organization incorporated under the laws of any state, exempt from federal taxation under Section 501(c)(3) of the federal Internal Revenue Code, as amended, and whose principal purposes include preventing animal cruelty, rescuing sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or displaced animals and adopting animals to responsible persons. This term does not include any organization breeding animals, located on the site of an animal breeder, has employees working for an animal breeder, receives other forms of payment that are not monetary, or facilitates the sale of animals obtained from an animal breeder. Pet Shop or Store means a brick-and-mortar retail store where animals are kept, sold, or offered for sale on premises. This term includes any owner, operator, agent, or employee. An animal rescue organization or animal shelter is not a pet shop or store. That Chapter 6, “Animals,” Article 1, “In General,” Section 6-12, “Sale of Animals” of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 6-12 – Sale of Animals a.Pet Shop or Store. A pet shop or store shall not sell lease, offer for sale, trade, give away or otherwise transfer a dog or cat, unless the animal was obtained from a city or county animal shelter or an animal rescue organization. 1.The pet shop or store must post on the enclosure for each dog or cat offered for sale the name, address, and contact information of the animal shelter or animal rescue organization from which the animal was obtained. 2.The pet shop or store must retain for at least three (3) years after a sale of a dog or cat, documentation stating where the animal was obtained and amount paid for the animal. b.Outdoor Sales. Except as may be allowed pursuant to other applicable law, the outdoor sale of animals is prohibited. Page 159 of 197 May 27, 2021 Item No. 9.1. Ordinance vacating and abandoning a 20-foot wide, 2,775 square foot Public Utility Easement lying within the Samuel Davidson League Sponsor:Erika Bridges Reviewed By CBC:City Council Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance vacating and abandoning a 20-foot wide, 2,775 square foot Public Utility Easement lying within the Samuel Davidson League, Abstract No.13, being a portion of the remainder of a called 171.043 acre tract described as Tract One by a deed to Creek Meadows Partners, L.P. recorded in Volume 7068, Page 220, of the Official Records of Brazos County, Texas. Relationship to Strategic Goals: Core Services & Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval of the abandonment. Summary: Abandonment of a 20-foot wide, 2,775 square foot Public Utility Easement lying within the Samuel Davidson League, Abstract No.13, being a portion of the remainder of a called 171.043 acre tract described as Tract One by a deed to Creek Meadows Partners, L.P. recorded in Volume 7068, Page 220, of the Official Records of Brazos County, Texas. Removal of this easement will allow for the development of a new phase of the Creek Meadows development. Budget & Financial Summary: N/A Attachments: 1.Ordinance 2.Ordinance Exhibit A 3.Vicinity Map 4.Location Map 5.Application Page 160 of 197 Ordinance Form 8-14-17 ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 20-FOOT WIDE, 2,775 SQUARE FOOT PUBLIC UTILITY EASEMENT, SAID EASEMENT LYING WITHIN THE SAMUEL DAVIDSON LEAGUE, ABSTRACT NO.13, BEING A PORTION OF THE REMAINDER OF A CALLED 171.043 ACRE TRACT DESCRIBED AS TRACT ONE BY A DEED TO CREEK MEADOWS PARTNERS, L.P. RECORDED IN VOLUME 7068, PAGE 220, 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 20-foot wide, 2,775 square foot Public Utility Easement lying within the Samuel Davidson League, Abstract No.13, being a portion of the remainder of a called 171.043 acre tract described as Tract One by a deed to Creek Meadows Partners, L.P. recorded in Volume 7068, Page 220, 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 161 of 197 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 162 of 197 Page 163 of 197 Page 164 of 197 Page 165 of 197 Page 166 of 197 Page 167 of 197 Page 168 of 197 Page 169 of 197 Page 170 of 197 Page 171 of 197 Page 172 of 197 Page 173 of 197 Page 174 of 197 OSP Engineering FRONTIER COMMUNICATIONS Page 175 of 197 Page 176 of 197 Page 177 of 197 Page 178 of 197 Page 179 of 197 May 27, 2021 Item No. 9.2. Resolution to support and authorize the submission of a grant application to the Texas Department of Transportation to implement the George Bush Drive (FM 2347) Separated Bike Lanes Project. Sponsor:Venessa Garza Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution to support and authorize the submission of a grant application to the Texas Department of Transportation to implement the George Bush Drive (FM 2347) Separated Bike Lanes Project. Relationship to Strategic Goals: Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Improving Mobility Sustainable City Recommendation(s): Staff recommends approval. Summary: In January 2021, the Texas Department of Transportation (TxDOT) issued a call for projects to local communities for funding assistance to help enhance bicycle and pedestrian safety, mobility, and connectivity through infrastructure projects. Eligible projects include bicycle improvements, shared use paths, sidewalk improvements and other infrastructure related projects to improve safety for non-motorized transportation. Staff submitted the first phase of the application earlier this year, which included a general project description and a high-level cost estimate. Recently, staff was notified by TxDOT that this project was selected to move on to the next phase in the application process. The next phase requires a more detailed application, along with more precise cost estimates. Staff is currently working with a consultant to prepare a preliminary design for the project with more precise cost estimates. The application deadline is June 14, 2021. Approximately $13 million will be available and if chosen projects will be placed on a prioritized Conditional Project List for anticipated FY 2023 – FY 2024 appropriations. Project identification and selection of projects is based on criteria set by TxDOT including safety, geographic equity, connectivity, and accessibility. The George Bush Drive (FM 2347) Separated Bike Lanes Project would extend from Texas Avenue to Wellborn Road and include a vertical barrier between the bike lane and automobile traffic as well as intersection modifications. This would improve the existing bike lanes by creating a safer and more comfortable corridor for biking to and from Texas A&M University. The project is approximately 1.3 miles in length. The grant covers up to 80% of construction costs. The City must provide a minimum local match of 20% for construction and 100% of design costs. Cost overruns will need to be paid for by the City. Page 180 of 197 A resolution is needed from City Council to show support for the project, authorize city staff to submit the application, and a commitment to fund the project if selected which includes entering into an Advanced Funding Agreement with TxDOT. Budget & Financial Summary: For the initial application submittal, staff estimated design and construction cost to be $1,409,038. Staff is currently working with a consultant on refining estimates for the detailed application. This includes a 15% TxDOT administrative fee and 10% for environmental documentation. The estimated construction cost with administrative fee is $1,117,512. The City’s portion at 20% would be $223,503. The estimated design fee with 10% environmental documentation is $291,525. The estimated total project cost for the City would be $515,028 and would be funded through the City’s Street Capital Improvements Fund. In terms of the process for reimbursement, if the City manages the construction of the project, the City will be responsible for 100% of the construction costs and will be reimbursed up to 80% of the construction costs. If TxDOT manages the construction of the project, the City will only need to provide the 20% match for construction. Attachments: 1.Map (FM 2347) 2.FM 2347 Resolution Page 181 of 197 Page 182 of 197 Page 1 of 1 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SUPPORTING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEES TO EXECUTE DOCUMENTS NECESSARY FOR AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION’S 2021 TRANSPORTATION ALTERNATIVES SET-ASIDE (TA) CALL FOR PROJECTS FOR THE GEORGE BUSH DRIVE SEPARATED BIKE LANES PROJECT WHEREAS, the Texas Department of Transportation (TxDOT) issued a call for projects in January 2021 for communities to apply for funding assistance through the Transportation Alternatives Set-Aside (TA) Program; and WHEREAS, the TA funds may be used for construction of pedestrian and/or bicycle infrastructure. The TA funds require a local match, comprised of cash. The City of College Station would be responsible for all non-reimbursable costs and 100% of overruns, if any, for TA funds; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council of the City of College Station supports funding the project: George Bush Drive (FM 2347) Separated Bike Lanes as described in the 2021 TA Detailed Applications (including the preliminary engineering budget, if any, construction budget, the department’s 15% direct state cost for oversight, and the required local match) and is willing to commit to the project’s development, implementation, construction, maintenance, management, and financing. PART 2:That the City Council hereby authorizes the City Manager or his designees as authorized officials to execute documents necessary for the submission of the grant application to the Texas Department of Transportation on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 3:That the City Council is willing and able to authorize, by resolution or ordinance, the City of College Station to enter into an agreement with TxDOT should the project be selected for funding. PART 4:That this Resolution shall take effect immediately from and after its passage. Page 183 of 197 Page 2 of 1 ADOPTED this 27th day of May, A.D. 2021. ATTEST:APPROVED: ____________________________________ City Secretary MAYOR APPROVED: City Attorney Page 184 of 197 May 27, 2021 Item No. 9.3. Resolution to support and authorize the submission of a grant application to the Texas Department of Transportation to implement the Harvey Mitchell Parkway (FM 2818) Shared- use Path Project. Sponsor:Venessa Garza Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution to support and authorize the submission of a grant application to the Texas Department of Transportation to implement the Harvey Mitchell Parkway (FM 2818) Shared-use Path Project. Relationship to Strategic Goals: Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Improving Mobility Sustainable City Recommendation(s): Staff recommends approval. Summary: In January 2021, the Texas Department of Transportation (TxDOT) issued a call for projects to local communities for funding assistance to help enhance bicycle and pedestrian safety, mobility, and connectivity through infrastructure projects. Eligible projects include bicycle improvements, shared use paths, sidewalk improvements and other infrastructure related projects to improve safety for non-motorized transportation. Staff submitted the first phase of the application earlier this year, which included a general project description and a high-level cost estimate. Recently, staff was notified by TxDOT that this project was selected to move on to the next phase in the application process. The next phase requires a more detailed application, along with more precise cost estimates. Staff is currently working with CIP to prepare a preliminary design for the project with more precise cost estimates. The application deadline is June 14, 2021. Approximately $13 million will be available and if chosen projects will be placed on a prioritized Conditional Project List for anticipated FY 2023 – FY 2024 appropriations. Project identification and selection of projects is based on criteria set by TxDOT including safety, geographic equity, connectivity, and accessibility. The Harvey Mitchell Parkway (FM2818) Shared-use Path Project would extend on the south side of the road from the Jones Crossing commercial development to the College Station library. It would provide connections for students and residents to area parks, schools and commercial areas. The project is approximately 0.4 miles in length. The grant covers up to 80% of construction costs. The City must provide a minimum local match of 20% for construction and 100% of design costs. Cost overruns will need to be paid for by the City. Page 185 of 197 A resolution is needed from City Council to show support for the project, authorize city staff to submit the application and a commitment to fund the project if selected which includes entering into an Advanced Funding Agreement with TxDOT. Budget & Financial Summary: For the initial application submittal, staff estimated design and construction cost to be $615,038. Staff is currently working with CIP on refining estimates for the detailed application. This includes a 15% TxDOT administrative fee and 10% for environmental documentation. The estimated construction cost with administrative fee is $487,789. The City’s portion at 20% would be $97,558. The estimated design fee with 10% environmental documentation is $127,249. The estimated total project cost for the City would be $224,807 and would be funded through the City’s Street Capital Improvements Fund. In terms of the process for reimbursement, if the City manages the construction of the project, the City will be responsible for 100% of the construction costs and will be reimbursed up to 80% of the construction costs. If TxDOT manages the construction of the project, the City will only need to provide the 20% match for construction. Attachments: 1.Map (FM 2818) 2.FM 2818 Resolution Page 186 of 197 Page 187 of 197 Page 1 of 1 RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, SUPPORTING AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEES TO EXECUTE DOCUMENTS NECESSARY FOR AN APPLICATION TO THE TEXAS DEPARTMENT OF TRANSPORTATION’S 2021 TRANSPORTATION ALTERNATIVES SET-ASIDE (TA) CALL FOR PROJECTS FOR THE HARVEY MITCHELL PARKWAY (FM 2818) SHARED-USE PATH PROJECT WHEREAS, the Texas Department of Transportation (TxDOT)issued a call for projects in January 2021 for communities to apply for funding assistance through the Transportation Alternatives Set- Aside (TA) Program; and WHEREAS, the TA funds may be used for construction of pedestrian and/or bicycle infrastructure. The TA funds require a local match, comprised of cash. The City of College Station would be responsible for all non-reimbursable costs and 100% of overruns, if any, for TA funds; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the City Council of the City of College Station supports funding the project: Harvey Mitchell Parkway (FM 2818) Shared-use Path Project as described in the 2021 TA Detailed Applications (including the preliminary engineering budget, if any, construction budget, the department’s 15% direct state cost for oversight, and the required local match) and is willing to commit to the project’s development, implementation, construction, maintenance, management, and financing. PART 2:That the City Council hereby authorizes the City Manager or his designees as authorized officials to execute documents necessary for the submission of the grant application to the Texas Department of Transportation on behalf of the City of College Station and to act on its behalf with respect to any issues that may arise during processing of said application. PART 3:That the City Council is willing and able to authorize, by resolution or ordinance, the City of College Station to enter into an agreement with TxDOT should the project be selected for funding. PART 4:That this Resolution shall take effect immediately from and after its passage. Page 188 of 197 Page 2 of 1 ADOPTED this 27th day of May, A.D. 2021. ATTEST:APPROVED: ____________________________________ City Secretary MAYOR APPROVED: City Attorney Page 189 of 197 May 27, 2021 Item No. 9.4. Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Sponsor:Carol Cotter Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a Semi-Annual Report on System-Wide Impact Fees for Water, Wastewater, and Roadway. Relationship to Strategic Goals: Financial Sustainability Core Services & Infrastructure Diverse & Growing Economy Improving Mobility Recommendation(s): The Planning and Zoning Commission along with a representative from the ETJ, acting in their capacity as the Impact Fee Advisory Committee, will hear this item on May 20, 2021. A written Final Report will be provided to City Council. Staff recommends that Council acknowledge and accept the Semi-Annual Report – No Further Action is required at this time. Summary: The attached Impact Fee Semi-Annual Report is provided to the City Council in accordance with the Texas Local Government Code Chapter 395.058. The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. Fee implementation has occurred in phases, with full fee implementation having occurred in December of 2018. The service area for roadway impact fees is bounded by the City-limits; however, service areas for system-wide water and wastewater impact fees do not strictly follow City- limit lines and include some areas of the City’s Extra-Territorial Jurisdiction (ETJ). Land Use Assumptions and the related Capital Improvements Plans have remained applicable over the reporting period October 1, 2020, through March 31, 2021. The statutory 5-year update is in progress and expected to be completed in the latter part of this year. Since there have been no major changes to any of the impact fee programs during the reporting period, this report primarily documents the fees collected in each of the service areas and identifies the impact fee capital improvement projects that the revenues have been budgeted to help fund. The Planning and Zoning Commission, with the inclusion of an ETJ representative for service areas extending into ETJ, serves as the Impact Fee Advisory Committee (IFAC) per the City of College Station Code of Ordinances Chapter 107, Impact Fees. On May 20, 2021, the Impact Fee Semi- Annual Report will be presented to the IFAC. A final report of the IFAC recommendation will be provided to City Council. Budget & Financial Summary: N/A Attachments: 1.Impact Fee Semi-Annual Report with Attachments Page 190 of 197 1101 Texas Avenue South, P.O. Box 9960 College Station, Texas 77842 Phone 979.764.3570 / Fax 979.764.3496 MEMORANDUM DATE: May 20, 2021 TO: Planning and Zoning Commission / Impact Fee Advisory Committee FROM: Carol Cotter, P.E., City Engineer SUBJECT: Semi-Annual Report - System-Wide Impact Fees for Water, Wastewater, and Roadway The City of College Station adopted “System-Wide” Impact Fees for water, wastewater, and roadways in the latter part of 2016. Fee implementation occurred in phases, with full fees having occurred in December of 2018. The service area for roadway impact fees is bounded by the city limits; however, service areas for system-wide water and wastewater impact fees do not strictly follow city limit lines and include some areas of the City’s Extra-Territorial Jurisdiction (ETJ). Local Government Code requires Semi-Annual Reporting to monitor the progress of impact fees and to determine if an update to the fee study is necessary before the statutory five-year requirement. There have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. The statutory 5-year update is in progress and expected to be completed in latter part of this year. Staff recommends that the Advisory Committee forward this report to City Council for their update. The City of College Station Code of Ordinances Chapter 107, Impact Fees, designates the Planning and Zoning Commission as the Impact Fee Advisory Committee (IFAC) with the inclusion of an ETJ representative for service areas extending into the ETJ. The IFAC is established to: 1. Advise and assist the City in adopting Land Use Assumptions. 2. Review the Capital Improvements Plan and file written comments. 3. Monitor and evaluate implementation of the Capital Improvements Plan. 4. File semi-annual reports with respect to the progress of the Capital Improvements Plan. 5. Advise the City Council of the need to update or revise the Land Use Assumptions, Capital Improvements Plan, and Impact Fees. System-Wide Impact Fees System-wide impact fees for water and wastewater were adopted September 22, 2016, with roadway impact fees following on November 10, 2016. The City’s adopted collection rates are lower than the maximum allowable fees calculated as presented in the table below. Water and wastewater fees were phased in, starting at 50% of the collection rate the first year, but are now being charged at the full collection rate. Roadway impact fees were phased in, beginning with zero fee collection in year one and 50% in year two. Full implementation of the fees occurred in December of 2018. Page 191 of 197 Land Use assumptions and the related Capital Improvements Plans have remained applicable over the reporting period October 1, 2020 through March 31, 2021. Impact fees can only be spent on eligible projects identified in the CIP. Status of the various programs are as follows: Water $500/Service Unit System-wide water impact fee revenues collected over the reporting period were $141,900 for a total amount of $1,243,580. Eligible costs of the adopted water system capital improvements plan were estimated at $34,140,850. Projected revenues at the adopted rate were estimated to be $5,325,000 based on the study’s 10-year growth assumptions. Collected amounts are budgeted to help fund Well #9 and Well #9 Collection Loop projects, as well as the SH6 Water Line project. Wastewater $3,000/Service Unit System-wide wastewater impact fee revenues collected over the reporting period were $856,500 for a total amount of $5,859,950. Eligible costs of the adopted wastewater system capital improvements plan were estimated at $72,285,486. Projected revenues at the adopted rate were estimated to be $36,149,000 based on the study’s 10-year growth assumptions. Collected amounts are being used to help fund the Lick Creek Wastewater Treatment Plant Expansion, The Lick Creek Parallel Trunk Line, the Carter’s Creek Diversion Lift Station, and Phases II and III of the Northeast Sewer Trunk Line. Roadway $375(Res) $80(Non-Res) /Service Unit Roadway impact fees collected over the reporting period were $63,121 for total amount of $308,534 (Zone A), $112,756 for total amount of $653,170 (Zone B), $78,273 for total amount of $813,035 (Zone C), and $41,408, for total amount of $304,096 (Zone D). Eligible costs of the adopted roadway capital improvements plan were estimated at $134,000,000. Projected revenues at the adopted rates were estimated to be $12,000,000 based on the study’s 10-year growth assumptions. Collected amounts in Zones B and C are being used to help fund the Rock Prairie Road West Expansion project and the Capstone/Barron Road Realignment project, in those respective Zones. Specific allocations from remaining zones will be made to impact fee eligible projects within the applicable zones in FY21 and FY22 as warranted. System- Wide Impact Fee Allowable Max Rate per Service Unit Adopted Collection Rate per Service Unit 10-Year Capital Needs Eligible Capital Improvement Costs Total Amount Collected 2016 Projected 10-yr Recovery at Collection Rate Water $2,917 $500 $49M $34M $1,243,580 $5M Wastewater $5,519 $3000 $154M $72M $5,859,950 $36M Roadway Zone A $1,061 $375/$80 $17M $15M $308,534 $2.4M Roadway Zone B $1,072 $375/$80 $35M $16M $653,170 $3.0M Roadway Zone C $2,556 $375/$80 $71M $49M $813,035 $4.1M Roadway Zone D $4,004 $375/$80 $166M $55M $304,096 $2.5M Attachments: 1. Future Land Use Map 2. Impact Fee Service Area Map Water 3. Impact Fee Service Area Map Wastewater 4. 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STONE CITY DRLYNNELLIOTTLNASTER DRNAVIDADSTAUGUSTACIRNORTON LNSCONSET DR HIGHLONESOMETHOMAS STLATHAMHUNTINGTON DR JUNE ST TALL TIMBER DRREGALOAKSDRWATSON STWEST W O O D M AI N LUBBOCK STWELL B O R N R D N EDEN LNHENRY STAXIS CTSTAL LI N G S D R FORESTW O O D D R D R A K E D R CHEYENNE DR HOWARDSTBRAZOS DRSARA L N WHITNEYLNCARVERSTVALL E Y VI E W D R W ILDFLOW ERDRSUNNYBROOK LNJONESSTC EDARB E N D R DVALVERDEDR SPENCE ST DALLI S D R SESAMESTLAMARSTTIME D RELBRICH LNCARDINALLNWINDHAMRANCHRDALLENRIDGEDRQUALITYCIRKINGSGATE DRMIDWESTDRWINGED FOOT DRLEDGESTONETRLSCANLI N S T L O UISSTKEN NE DY PLMISSION HILLS DRGROVESTW BRONZE LNBAMBOO STMARTA STORCHIDSTHILLSIDE DRRIDGEWAYD R BAD D A N R DGOESSLER RDA YR SHIRESTDEE R C REE K D R BURNETT STWKINGCOLEDRWESTCHESTERDRNORHAM DRARNOLD RDDOVER DRSLEEPY R-R RDROSECIRASBURY STGEORGE BUSH DR ETROTTER LNWHISPERING RDGFOSTER LNDOE CIRHONDODRHARVEY STPARKMEADOWLNIRELAND STMARION P U G H D R JUSTIN LNHERO N L A K E S D R N TRADITIONS DRCARMEL PLTW ELVE O AKSSHIREDRREDBU D S T LESLIE DRLIS LNFOUNDERS DRREGALROW PARK LNW DODGE STSADDLE LNMORGANS LNBELLAIREBLVDWHITES C REE K L N S DEXTER DRLYCEUM CTWOO D S I D E L N NARROW WAY STARLINGDRKIMMY DRBAR R O W CT APRICO T G L N OAKSIDEDRSANDPIPER CVTUCKER NUCKSAN FEL I P E D R HILLTOP DRJANE STHORN RDSQUIRE RDEPLACIDD R WILL O W B R O O K DR LUEDECKE LNLODG E P O L E D R STOKES CIRE BRI A R G A T E D R E OAK HILL DRWALNUT CREEK CTWINDWOODDRCEDAR RIDGE DRSHADY DRKOENIG STHIDDEN ACRES DRRED RIVER DRWILLOWICK DRKOCH STTOLTEC TRLRAVENSTONELO O P SPRINGMIST DRHALL STROLLI N G R D G OAK HILLS CIRKORS H E A W A Y HARDY STLIVE OAK S T GREEN TREE CIRTRIPLE BEND CIRB E E L ER LN S TEXAS AVEPUMA DREMORYOAKDRPLEASANT STDRAYCOTT CTHICKORYRIDGECIRSETTLERS WAYPOST OAK BNDCRENSHAW CIRHORSEBACK CTWELLBORN HTSCOURTLANDTPLSHELLY LNMOSS STRIDGEDALE STSCOTNEY CTWILDERNESS DRMEADOW OAKVICTORIA STFRIARRENWICK DRSTRAN D L N DAKOTA RIDGE DRPARK RDGOAK L N SALLIE LNCRYSTAL LNHONEYSUCKLE LNMARKHAM CTEDGEMORE DRGLENNA CTTRAN Q UI L LI T Y CI R TURN B E R R Y CI R LOBO DRHILL CIRPUEBLO CT SBRIDL E T R AIL S C T MILLERS LN TARR O W ST E BRON C O CI R STOCKTON DRBRITON DRBON NI E L N BLANCO LNPICKERING PLBERWICK PLKUBIN ST SANDIA PLZCOMAL CIRCOLD SPRING DRCAD D O CV STEFANIE DRPERRY LNCAJUN CUTOFF LNFIELDSARCTICBAY OAKS CTTWIN BLVDARRIN G T O N R D FM 2818 RD WTEXAS AVE SAPPOMATTOX DRFM 2818 RD WLEONARD RDE27THSTLINDA LNARHOPULOSRDEAGLEAVEW 28TH STRAYMONDSTOTZERPKWYLEONARD RDW BRONZE LNPOLO RDM E M O R I A L D R OLSENBLVDFOREST DRS TEXAS AVEVINCENT RDEAST BYPVALLEYVIEWDRUNIVERSITY DRE 30TH STK A T H Y F L E M IN G R D BLUERIDGEDRTURK RANCH RDPOTTER LNPeachCreekAlumCreekLickCreekCartersCreekSpringCreekStillCreekOldRiverTurkeyCreekBrazos Ri v e rBurtonCreekHudsonCreekBrushyCreek W h iteCreekCottonwoodBranchH o p e s C r e e kPantherCreekBeeCreekNavasotaRiverWicksonCreek GibbonsCreekMillicanCreekThompsonsCreekSandyBranchRockyCreekB o g g y Cr e e k C e d a r C r e e kWicksonCreekCarters CreekCartersCreekW icksonCreekO l d R i v e r BrushyCreekBrazos RiverPeachCreek BrazosRiverBeeCreekNavasota RiverWhite CreekNavasota RiverBeeCreekNavasotaRiverPeachCreekOldRiverStill CreekBrushyCreekBrushyCreekBrushyCreekNavasotaRiverPantherCreekBrazos RiverCartersCreekNavasotaRiverN a vasotaRive r PeachCreekNavaso ta R iverPeachCreekPeachCreekCottonwoodBranchStillCreekRockyCreekBrazosRiverLickCreekWhiteCreekPeachCreekBrazos RiverNavasotaRiverWhite CreekCartersCreekNavasotaRiverBee CreekNavasotaRiverPeachC r e e kNavasotaRiver Old RiverBrazos RiverOldR iverBrazosRiverC artersCree k BrushyCreekPeachCreekBrazos RiverCartersCreekHopesCreekNavasotaRiverPantherCreekNavasotaRiverC artersCreekB r a zosR iverHopesCreekLickCreekBrazos RiverCartersCreekUV21UV30UV6UV47UV308UV6RUV47City of Bryan03,2006,400SCALE IN FEETLEGENDRoadRailroadStreamCity LimitETJ BoundaryOther City LimitTAMU BoundaryFIGURE 2-1CITY OF COLLEGE STATIONFUTURE LAND USE!ICreated By Freese and Nichols, Inc.Job No.: CCL14321Location: H:\W_WW_PLANNING\Deliverables\04_Final_LUA_Report\(Figure_2-1)-Future_LandUse.mxdUpdated: Wednesday, July 13, 2016FUTURE LAND USE111 - Neighborhood Conservation910 - Rural130 - Estate140 - Village Center109 - Restricted Suburban110 - General Suburban120 - 250 - Urban275 - Urban Mixed Use210 - General Commercial200 - Suburban Commercial310 - Business Park410 - Institutional/Public800 - Natural Areas - Reserved430 - Medical Use450 - Texas A&M University710 - 720 - Natural Areas - Protected850 - Utilities!!!!!!!456 - Redevelopment Areas999 - Water¬¬¬¬¬¬816 - Wellborn Preserve - Open¬¬¬¬¬¬136 - Wellborn Estate - Open¬¬¬¬¬¬315 - Wellborn Business Park¬¬¬215 - Wellborn Commercial¬¬¬815 - Wellborn Preserve¬¬¬¬¬¬135 - Wellborn Estate¬¬¬¬¬¬108 - Wellborn Restricted Suburban¬¬¬115 - Wellborn SuburbanLand UseExpected(LUE per Acre)Worst Case(LUE per Acre)2010 Census Density(People per LUE)Institutional/Public - - -Natural Areas - Protected - - -Natural Areas - Reserved - - -Neighborhood Conservation - - -Rural ---Texas A&M University - - -Business Park 2 2 2.38Estate 0.8 1 2.38General Commercial 4 6 2.38General Suburban 4 6 2.38Medical 6 6 2.38Restricted Suburban 3 4 2.38Suburban Commercial 4 6 2.38Urban 15 30 2.38Urban Mixed Use 20 35 2.38Village Center 20 35 2.38FUTURE POPULATION DENSITYPage 193 of 197 (#UT(#UTUTUT[Ú!(!(!(!(!(!(!(2.0 MG Greens PrairieElevated Storage TankOverflow Elev. = 522'Dowling RoadPump Station(3) - 8,000 gpm Pumps(2) - 6,175 gpm Pumps(1) - 6,000 gpm Pump(1) - 5.0 MG Ground Storage Tank(1) - 3.0 MG Ground Storage TankOverflow Elev. = 370'3.0 MG Park PlaceElevated Storage TankOverflow Elev. = 522'City of Bryan29th StreetTexas A&MUniversityVilla MariaTexas A&M UniversityMaple StreetTexas A&M UniversityOlsen FieldWellbornHollemanWellbornRock PrairieWellbornFoxfire?c?c?c?¡?¡?À?¡?¡B U R L E S O N C O .B R A Z O S C O .18''12''24''30''42''16''20''10''16''1 2 ''16''18''12''1 2 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STWESTCHESTERDRNORHAMDRDOTTHOLLOWHILL DRJOEVARISCODRSLEEPY R-R RDETHELBLVDASBURYSTTROTTERLNWHISPERING RDGC O R P O R A T E L I MI T V IN E W OODD R FORESTBNDDEBBIE DRKIRKWOOD DRFOSTER LNDOE CIRHARVEY STPARKMEADOWLNIRELANDSTJUSTIN LNHOPPESS STTIMBERWO O D D R MALONE YA V E CRESTRIDGEN TRADITIONS DRKARTENLNVALLEY OAKS DRTW ELVE OAKSSUFFOLKAVESAPPHIRE DRARTHURLNSAN MARIO CTREDBUDSTLESLIE DRLIS LNFOUNDERSDRREGAL ROWW DODGE STMUIRFIELD VLGBELLAIREBLVDWH IT E S C REEKLNBARNSTABLEHBRC R AN E AVEJOSEPH DRWOO D S I DE L N AANDRDRN A R R OW W A Y HUMMINGBIR D C I RS HOUSTON AVEU-VROWGARDENACRESBLVDSILVERHILLRDKIMMY DRBARROW CTHICKORY NUT LNA P R IC O T G L N ENTERPRISEAVEHANUS STGAINERSTWINDOWMERESTBARBARABUSHDROAKSIDEDRSANDPIPERCVDILLONAV E HELENASTMANCHESTERDRTUCKER NUCKM EGLNHILLTOP DRROCHESTERS T HORN RDSHILOHAVESQUIRERDEPLACIDD R PROVIDENCEAVEW ILLOW BROOK DRSUNSETSTLUEDECKE LNPINERIDGEDRPEPPERTREE DRMARKSUL ROSS DRA LDINEDRROYALSTCATERINALNSTOKES CIROAKCIRHUNTWOODDREAGLE PASS STMAYWOOD DRAMBERRIDGEDRWALNUT CREEK CTWINDWOODDRCAEOUSEL LNCHURCH STKOENIG STHIDDEN ACRES DRHARRINGTONAVEKOCH STTOLTEC TRLFINNEY R O LLING R D G OAK HILLS CIRCLAN VLGKORSHEA W AYENCINAS PLHARDY STW PEASE STL I VE O AK S T GREEN TREE CIRTRIPLE BEND CIRDONA DRWHISPERING OAKS DRJAMES PKWYBROOKWOODLNS TEXAS AVECOTTONWOOD STPA R K L A ND D R TECHNOLOGYLOOPPUMA DREMORYOAKDRVINCENTSTSUNDANCED R NORFOLK CTDA RWI N AVE PLEASANTSTFKENNICOLASAVEF A W N L N HICKORYRIDGECIRPOST OAK BNDDODGE STCRENSHAW CIRHORSEBACK CTWELLBORN HTSRED HILL DRS CAMPUS AVENOTTINGHAMDRSHOSHONI CTSHORTRDBERNBURG LN REMINGTON CTNORTHAVEWDALTONRIDGEDALE STD A VI D S L N CREST STCECILIA CTCRENSHAW LNCALUSA SPRINGS DR HOPESCREEKMEADO W C IRCITATION CIROAK FORRESTMANOR WOOD DRIRISLNWA LLACE STRENWICK DRSTRAND LNDAKOTA RIDGE DRMYRTLE DRHIGHLAND DRPECAN PECACOUNTRY MEADOWS LNREBECCA STJORDANLOOPO A K TER THOMAS BLVDWHITE STONE DRWILLOWRIDGEDRANTLER CIRROBERTS STCRYSTAL LNMESA DRMCKENZIETERMINALBLVDOAKWOOD STSHAWNEE CIRBRYANT STT R A N Q U IL L IT Y C IR COPPER RIVER DRTURNBERRY CIRPUTTER CTPANTERA DRLOBO DRTIFFANY PARK DRPRESTWICK CTHILL CIRSTONEPARC DRS COULTER DRSAINT L O U IS ST FOX CIRBR ON C O C IR WILLIAMS RD YOUNG PLSTOCKTON DRBRITON DRBONNIE LNKAZMEIER PLZBLANCO LNPINE STPICKERING PLWESTMINSTER DRTO RO L N H E N R Y C T CLARE CTGREEN RIDGE CIRKNIGHT DRFLAGSTONE CTCOMAL CIRCOLD SPRING DRRICHMOND AVEARROYO CT SWOODHAVEN CIRBEATRIZ LNPERRY LNCAJUN CUTOFF LNBRIARWOOD CIRSTAUFFER CIRLYNX CVBITTLE STHERITAGE LNFAWN CTY-Z STPINEHURST CIRMIANA CTSEMINOLE CTELKTON CTOAK BLUFF CIRCAMARGO CTTRENT CIRR O OS E VE LT ST RAYMONDSTOTZERPKWYPARK PLS COULTER DRLINDA LNUNION STHOUSTON STN EARL R UD D ER FW YS TEXAS AVEAPPOMATTOX DRTURK RANCH RDBLUERIDGEDRE 26TH STE28THSTE 28TH STPOLO RDWELLB ORN RDLEONARD RDARHOPULOSRDEAST BYPFOUNDERSDRLANGFORD STVINCENT RDSGORDONSTJ A M E SPKWYK A T H Y F L E M I N G R D S TABOR AVEW 28TH STOAK STKENT STE VILLA MARIA RDLOUISSTBURT STLUTHERSTWPOTTER LNW BRONZE LNNavasotaRiver LickCreekPeachCreekBrazos RiverPantherCreekOldRiverBeeCreekBrushyCreekWhiteCreekHopesCreekAlumCreekWicksonCreekGibbonsCreekSpringCreekTurkeyCreekB urtonCreekStillCreekHudsonCreekCottonwoodBranchRockyCreekMillicanCreekDryCreekRockLakeCreekSandyBranch CedarCreekBoggyCreekThompsonsCreekB r u shyC ree kCartersCreek C artersCreekCartersCreekCartersCreekCarters Cr ee k C artersCreekCartersCreekC artersCree k C artersCree k City of Bryan03,0006,000SCALE IN FEETFIGURE 2-2CITY OF COLLEGE STATIONIMPACT FEEWATER SERVICE AREA!ICreated By Freese and Nichols, Inc.Job No.: CCL16175Location: H:\W_WW_PLANNING\Deliverables\04_Final_LUA_Report\(Figure_2-2)-Existing_W_Service_Area.mxdUpdated: Friday, October 07, 2016LEGEND!(Interconnection(#UTElevated Storage TankUTGround Storage Tank[ÚPump Station8" and Smaller Water Line10" and Larger Water LineRoadRailroadStreamLake/PondParcelImpact FeeWater Service AreaCity LimitETJ BoundaryOther City LimitCounty LinePage 194 of 197 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CIRS TEXAS AVEPUMA DRSUNDANCED R FKENNICOLASAVEHICKORYRIDGECIRPOST OAK BNDCRENSHAW CIRMILLIFF RDSHORTRDSAND R A D R MARIN E R D R SHELLY LNG L E NN O AKS D R CREST STCRENSHAW LNCALUSA SP RINGS DR CITATION CIRFRIARMANORWOO D DREISENHOWE R AVERENWICK DRSTRAND LNDAN WILLIAMS LNADRIANCE LAB RDREBECCA STCRYSTAL LNBOSQUE DRBRYANT STT R A N QU IL L IT Y C IR COPPER RIVER DRTURNBERRY CIRPUTTER CTLOBO DRTIFFANY PARK DRBAYWOOD LNBYWOOD STPUEBLO CT SWOODLANDS DRPICADILLY CIRSTOCKTON DRBRITON DRBONNIE LNKAZMEIER PLZPICKERING PLKUBI N ST AUGUSTINE CTSTEFANIE DRPERRY LNCAJUN CUTOFF LNFIELDSCOVENTRY PLHOLMES S TSIOUX CIRFRIO CIRMIANA CTW 28TH STUNIVERSITY DRPOLO RDLONGMIRE DRMARION P U G H D R POTTER LNARHOPULOSRDLUTHERSTWK A T H Y F L E M IN G R D LINDA LNS TEXAS AVEAVENUE BVINCENT RDEAST BYPFM 2818 RD WL O N G M IR E D R BLUERIDGEDRRAYMONDSTOTZERPKWYTEXAS AVE SW BRONZE LNN EAR LR U D D E R FW Y LEONARD RDTURK RANCH RDFM2818RDW8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8 "8"8" 8"8"8"8"8"8"8"8"8"8"8"8 "8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"8"NavasotaRiver LickCreekPeachCreekBrazos RiverPantherCreekOldRiverBeeCreekBrushyCreekWhiteCreekHopesCreekAlumCreekWicksonCreekGibbonsCreekTurkeyCreekBurtonCreekStillCreekHudsonCreekCottonwoodBranchRockyCreekMillicanCreekDryCreekRockLakeCreekSandyBranch CedarCreekBoggyCreekThompsonsCreekB r u shyC ree kCartersCreekCartersCreekCartersCreekCartersCreekCartersCreek C a rte rsCreekCartersCreekCity of Bryan8" F.M.8" F .M .03,2006,400SCALE IN FEETLEGEND!(ManholeVäLift StationTXWWTPWastewater Treatment Plant8" and Smaller Wastewater Line10" and Larger Wastewater Line8" and Smaller Force Main10" and Larger Force MainRoadRailroadStreamLake/PondParcelImpact FeeWastewater Service AreaCity LimitETJ BoundaryOther City LimitCounty LineFIGURE 2-3CITY OF COLLEGE STATIONIMPACT FEEWASTEWATER SERVICE AREA!ICreated By Freese and Nichols, Inc.Job No.: CCL16175Location: H:\W_WW_PLANNING\Deliverables\04_Final_LUA_Report\(Figure_2-3)-Existing_WW_Service_Area.mxdUpdated: Wednesday, October 12, 2016User: 02499Page 195 of 197 ROCK PRAIRIE ROAD W I L L I A M D F I T C H PA R K WAY SH 6 H A RV E Y M I T C H E L L PA R K WAY WELLBORN ROADSOUTH TEXAS AVENUE SH 6 ROCK PRAIRIE ROADBIRD POND ROADHARVEY ROADUNIVERSITY DRIVEB D A C Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community Legend City Limits Service Areas A B C D Streets Exhibit 1Service Areas November 2016 N010.5 Miles Page 196 of 197 May 27, 2021 Item No. 12.1. Council Reports on Committees, Boards, and Commissions Sponsor:City Council Reviewed By CBC:City Council Agenda Caption:A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Relationship to Strategic Goals: Good Governance Recommendation(s): Review meetings attended. Summary: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments. (Notice of Agendas posted on City Hall bulletin board.) Budget & Financial Summary: None. Attachments: None Page 197 of 197