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06/12/2014 - Regular Agenda Packet - City Council
City Council Regular College Station, TX Meeting Agenda 1101 Texas Ave College Station, TX 77840 City Hall Council Chambers 7:00 PM Thursday, June 12, 2014 1. Pledge of Allegiance, Invocation, Consider absence request. Presentation: • Proclamation recognizing the College Station High School Cougars for winning the Class 3A state baseball championship. Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should be completed and delivered to the City Secretary by 5:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Comments should not personally attack other speakers, Council or staff. Consent Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Consent Agenda Item. Individuals who wish to address the City Council on a consent agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. Presentation, possible action, and discussion of minutes for: · May 22, 2014 Workshop · May 22, 2014 Regular Council Meeting 14-488 2a. WKSHP052214 DRAFT Minutes.pdf RM052214 DRAFT Minutes.pdf Attachments: Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and BerryDunn in the amount not to exceed $645,638.00 for the purposes of providing Project Management services for the replacement of the City’s current ERP system. Contract is for 24 months. 14-366 2b. Page 1 College Station, TX Printed on 6/6/2014 June 12, 2014 City Council Regular Meeting Agenda BerryDunn.pdf Attachments: Presentation, possible action, and discussion regarding the amendment of Ordinance 2014-3556 located in Chapter 4 "Business Regulations" of the College Station Code of Ordinances, Section 17 titled "Credit Access Businesses". The Amendment would set an annual registration fee of fifty dollars ($50.00) for each physically separate credit access business within the City limits of College Station, Texas. 14-460 2c. Attachment 1 - Proposed CAB Ordinance Amendment.docx Attachments: Presentation, possible action, and discussion regarding an ordinance amending the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. 14-469 2d. Atmos Franchise Amendment Attachments: Presentation, possible action, and discussion regarding approval of a purchase from Accudata Systems for Network Access Control (NAC) system licenses, configuration services and training in the amount of $62,908.83. 14-472 2e. Accudata Quotation.pdf DIR-SDD-1502.pdf DIR-SDD-1502-appendix-c.pdf Attachments: Presentation, possible action and discussion regarding the approval of annual retreaded tire services from Strouhal Tire Recapping Plant, Inc. through the State of Texas (TxMAS) Tire Contract in the amount of $70,000.00. 14-474 2f. TXMAS Contract Summary - Retreading Services.pdf Attachments: Presentation, possible action and discussion to approve a resolution by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2014; and providing an effective date. 14-475 2g. COCS 2014 CO Debt Issue 5-21-14.pdf Notice Resolution Attachments: Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the Royder Road/Live Oak Sewer Extension project. 14-476 2h. DRR Royder Live Oak Sewer 061214.pdf Attachments: Presentation, possible action, and discussion regarding a Letter Agreement between the City of College Station and Ingram, Wallis & Co., P.C. in the amount of $95,000.00 for the purposes of Professional Auditing Services for the fiscal year ending on September 30, 2014. 14-477 2i. Page 2 College Station, TX Printed on 6/6/2014 June 12, 2014 City Council Regular Meeting Agenda Ingram Wallis Letter Agreement.pdf Attachments: Presentation, possible action and discussion on an ILA with the Texas A&M University System to partner in funding a follow-up study to evaluate and improve game day operations pre- and postgame. The City’s portion of the project cost is $35,000. 14-479 2j. Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II - “Four-Way Stop Intersections”, of the Code of Ordinances of the City of College Station, Texas, by implementing an all-way stop control intersection at the intersection of Church Avenue and Tauber Street. 14-480 2k. 4-Way Stop Sign Ord - Map Church @ Tauber.pdf 4-Way Stop Sign Ord - Church @ Tauber.docx Attachments: Presentation, possible action and discussion regarding the approval of a Deed without Warranty that will convey an 20' wide (0.195 acres) strip of land located along George Bush Drive to the College Station Independent School District. 14-481 2l. Map - Conf Center.pdf Deed - Conf Center.pdf Attachments: Presentation, possible action and discussion regarding the first renewal of the annual price agreement for the Purchase of Crushed Stone for City Streets with Superior Crushed Stone, LC for an amount not to exceed $462,000. 14-482 2m. Renewal Bid 13-072 - 4-22-14.pdf Attachments: Presentation, possible action, and discussion on a Professional Services Contract with Binkley and Barfield, Inc., in the amount of $130,705, for the design, bidding, and construction phase services associated with the Eisenhower Street Extension Project. 14-483 2n. Eisenhower Extension (8 5x11).pdf Attachments: Presentation, possible action, and discussion regarding the cancellation of blanket purchase order #140005 with Joe Orr, Inc. and the approval of two contracts between the City of College Station and Joe Orr, Inc and Binkley & Barfield, Inc. for a total amount of $100,000. 14-484 2o. 14-295 Joe Orr Inc .pdf 14-296 Binkley Barfield.pdf Attachments: Presentation, possible action and discussion on the Treasury Management Agreement between the City of College Station and Branch Banking & Trust (“BB&T”). 14-489 2p. Page 3 College Station, TX Printed on 6/6/2014 June 12, 2014 City Council Regular Meeting Agenda BB&T Ltr of Intent.pdf City of College Station TMA Signed by BBT.PDF Attachments: Presentation, possible action and discussion on a notification for a change order from TxDOT on the Rock Prairie Road Bridge project in the amount of $53,975.55, and authorizing the city manager to execute the acknowledgement notification on behalf of the City Council. 14-490 2q. TXDoT Third Party Form.pdf Attachments: Presentation, possible action, and discussion on a bid award for the purchase of steel, fiberglass, and concrete electric distribution poles to Creative Pultrusions, $143,920.05; KBS Electrical Distributors, $163,578; RS Technologies, $317,115.23; and TransAmerican Power Products, Inc., $106,522 for a total of $731,135.28. 14-491 2r. 14-057 Tabulation.pdf Attachments: Presentation, possible action, and discussion regarding a professional services contract with InterraHydro, Inc. in the amount of $184,815.50 for an investigative study of wastewater collection system capacity in the Northgate and Southwood Valley areas. 14-495 2s. Presentation, possible action, and discussion regarding a reclaimed water supply agreement with Apache Corporation. Related to Workshop item 5. 14-496 2t. Reclaimed Water Supply Agreement with Apache Corp_5-29-14.pdf Attachments: Presentation, possible action, and discussion regarding approval of budget transfers between several departments within the General Fund. 14-502 2u. Community Services Salaries&Benefits.pdf Attachments: Page 4 College Station, TX Printed on 6/6/2014 June 12, 2014 City Council Regular Meeting Agenda At the discretion of the Mayor, individuals may be allowed to speak on a Regular Agenda Item. Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor 's reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. Individuals who wish to address the City Council on an item posted as a public hearing shall register with the City Secretary prior to the Mayor's announcement to open the public hearing.· The Mayor will recognize individuals who wish to come forward to sp eak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is closed, there s hall be no additional public comments. If Council needs additional information from the general public, some limited comments may be allowed at the discretion of the Mayor. If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes as being in support or opposition to an agenda item, the individual may complete the registration form provided in the lobby by providing the name, address, and comments about a city related subject. These comments will be referred to the City Council and City Manager. Public hearing, presentation, discussion, and possible action regarding an amendment to Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban and T Townhouse for an approximate 21.8 acre tract of land in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 22.97 acre tract as described by a deed to Charles I. Turner and Mary E. Turner recorded in Volume 3331, Page 61 of the Official Public Records of Brazos County, Texas, generally located at 3270 Rock Prairie Road West. 1. 14-473 Background Information.docx Aerial & SAM.docx Ordinance.docx Attachments: Public hearing, presentation, discussion, and possible action regarding an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by rezoning an approximate 2.961 acre tract of land in the Robertson Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas; said tract being the same tract of land called 2.961 acres as described by deed to Aggie Assets, LLC, recorded in Volume 8070, Page 226, of the Official Public Records of Brazos County, Texas, and generally located at 2668 Barron Road from R Rural to GS General Suburban. 2. 14-492 Page 5 College Station, TX Printed on 6/6/2014 Regular Agenda June 12, 2014 City Council Regular Meeting Agenda Background Information.docx Aerial & SAM.docx Ordinance.docx Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance vacating and abandoning a 574.6-square foot drainage and public utility easement on Lot 2, Block F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas, located at 511 University Drive East. 3. 14-500 Vicinity Map.pdf Location Map.pdf Ordinance.docx Exhibit A.pdf Attachments: Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 4, "Business Regulations", Section 4-19, "Rental registration of single-family and duplex dwelling units" of the Code of Ordinances of the City of College Station by including administrative penalties, requiring a notarized affidavit, and authorizing the administrator to request a copy of the lease. 4. 14-493 Exhibit A - Rental Registration Ordinance 6-3-2014.docx Rental Registration Ordinance 6-3-2014.docx Attachments: Presentation, possible action, and discussion regarding a presentation related to an overview and the associated potential economic impacts of oil and gas resource development. 5. 14-506 Presentation, possible action, and discussion on a tentative schedule for a 2015 bond election and the creation of a citizen advisory committee. 6. 14-516 3. Adjourn. The City Council may adjourn into Executive Session to consider any item listed on this agenda if a matter is raised that is appropriate for Executive Session discussion. An announcement will be made of the basis for the Executive Session discussion. Page 6 College Station, TX Printed on 6/6/2014 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-488 Name:minutes Status:Type:Minutes Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion of minutes for: ··May 22, 2014 Workshop ··May 22, 2014 Regular Council Meeting Sponsors: Indexes: Code sections: Attachments:WKSHP052214 DRAFT Minutes.pdf RM052214 DRAFT Minutes.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion of minutes for: ··May 22, 2014 Workshop ··May 22, 2014 Regular Council Meeting Relationship to Strategic Goals: ··Good Governance Recommendation(s): Approval Summary: None Budget & Financial Summary: None Attachments: College Station, TX Printed on 6/6/2014Page 1 of 1 powered by Legistar™ WKSHP052214Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION MAY 22, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, arrived after roll call City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Berry at 4:30 p.m. on Thursday, May 22, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:31 p.m. on Thursday, May 22, 2014 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023. WKSHP052214Minutes Page 2 Patricia Kahlden, individ. and as rep. of the Estate of Lillie May Williams Bayless v. Laura Sue Streigler, City of College Station and James Steven Elkins, No. 11-003172- CV-272, in the 272ndDistrict Court of Brazos County, TX Cause No. 13-002978-CV-361, Deluxe Burger Bar of College Station, Inc. D/B/A Café Eccell v. Asset Plus Realty Corporation, City of College Station, Texas and the Research Valley Partnership, Inc., In the 361st Judicial District Court, Brazos County, Texas Bobby Trant, Individually and as Executor of the Estate of Harold B. Trant, Deceased, and of the Estate of Rosealice Trant, Deceased, Patsy Trant Langford and Robin Trant Johnson v. Brazos Valley Solid Waste Management Agency, Inc. d/b/a BVSWMA, Inc., Cause No. 33014, In the District Court, Grimes County, Texas, 12th Judicial District B. Consultation with Attorney to seek legal advice; to wit: Legal advice related to a Resolution Denying Rate Increase under the renewed RRM tariff. C. Deliberation on financial or other incentive negotiations for a business prospect the Council seeks to have locate, stay or expand in or near the City; to wit: Economic incentives for a proposed development located in the One Health Plus Biocorridor. Economic incentives for a proposed development located near the intersection of College Avenue and University Drive. The Executive Session adjourned at 5:59 p.m. 3. Take action, if any, on Executive Session. No action was required from Executive Session. 4. Presentation, possible action, and discussion on items listed on the consent agenda. Items 2b, 2h, and 2w were pulled for clarification. 2b: Randall Heye, Economic Development Manager, clarified tax abatement as an economic tool. 2h: Donald Harmon, Director of Public Works, clarified that unseen site conditions are responsible for the change order. 2w: Ben Roper, Director of IT, explained the long distance contract with AT&T and the options being negotiated. 5. Presentation, possible action, and discussion regarding automated metering infrastructure (AMI). WKSHP052214Minutes Page 3 Timothy Crabb, Director of Electric Utility, updated the Council on the benefits and challenges of using an Automated Metering Infrastructure. The cost for implementing this program was also discussed. Staff recommended they continue to monitor the technology advances of AMI systems, and utilize the City’s budget process to set the priorities for AM I and other proposed capital projects. 6. Presentation, possible action and discussion regarding the 2014 -2015 Texas Amateur Athletic Federation (TAAF) Games of Texas (GOT) to be hosted by the City of College Station, City of Bryan and Texas A&M University. Kelly Kelbly, Parks and Recreation Manager, briefed the Council on the 2014-2015 Texas Amateur Athletic Federation (TAAF) Games of Texas (GOT), a sports festival created for Texas’ amateur athletes. Sponsorships have been obtained, with the National Guard as the Platinum Sponsor for $25,000. Corpus Christi received $15.75 million in economic impact in 2012/2013. The budget is estimated at $50,000 - $75,000. It was noted that HOT funds ($50,000) are allocated in the FY14 PARD budget for this year’s event, and Staff will provide a fully detailed budget after the 2014 GOT. Mayor Berry recessed the workshop at 7:00 p.m. The Workshop reconvened at 7:45 p.m. 7. Presentation, possible action, and discussion regarding the Lick Creek Hike and Bike Trail project status. Donald Harmon, Director of Public Works, updated the Council on the Lick Creek Greenway Trail project and noted that the final design plans have been completed, and the bid package is nearing completion. 8. Presentation, possible action, and discussion regarding the Lick Creek Nature Center project status. Donald Harmon, Director of Public Works, updated the Council on the Lick Creek Nature Center project and reported that the final design plans have been completed, and the bid package is nearing completion. Funds for this project are budgeted in the Parks Capital Improvement Projects Fund in the amount of $2,495,000. A total of $401,210 has been expended or committed to date, leaving a balance of $2,093,790 for the construction of this project. 9. Council Calendar May 23 2014 Arbor Day & Memorial Tree Celebration at Hamilton Memorial Park - Park Hudson Trail 10:00 a.m. May 24 Starlight Music Series at Wolf Pen Creek Amphitheater 7:00 p.m. May 26 City Offices Closed - Memorial Day May 28 Citizens Fire Academy Graduation at Utility Meeting & Training WKSHP052214Minutes Page 4 Facility - 1603 Graham Road 6:30 p.m. May 30 Retirement Reception - Pete Vanecek at Wolf Pen Creek Green Room - 1015 Colgate Drive 3:00 p.m. May 31 Vietnam War Memorial Dedication at Veterans Park 10:00 a.m. June 2 Bicycle, Pedestrian & Greenways Advisory Board Meeting at Council Chambers June 4 B/CS Chamber of Commerce Transportation Forum Prop 1 at BVCOG Conference Room 11:00 a.m. June 6 Retirement Reception Officer LaKedreia Johnson at Council Chambers 2:00 p.m. June 7 Starlight Music Series at Wolf Pen Creek Amphitheater 7:00 p.m. June 12 Executive Session/Workshop/Regular Meeting at 4:30, 6:00 & 7:00 p.m. Council reviewed the calendar. 10. Presentation, possible action, and discussion on future agenda items: a Councilmember may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Councilmember Benham asked for a cost estimate to complete our right-of-way surveys. Councilmember Aldrich asked to add the pledge to the Texas flag to the agenda. Councilmember Nichols asked for an update on the University Drive Phase 2 project, and to discuss the naming rights and funding/endowments for City facilities. 11. Discussion, review and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Arts Council Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors Bureau, Design Review Board, Eco nomic Development Committee, Gigabit Broadband Initiative, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Partnership, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Twin City Endowment, Youth Advisory Council, Zoning Board of Adjustments. Mayor Berry reported on the Blinn College Brazos Valley Advisory Committee. Councilmember Schultz reported on the RVP. WKSHP052214Minutes Page 5 Councilmember Mooney reported on the CVB. Councilmember Nichols reported on the Brazos Valley Health Department. Councilmember Brick reported on the Transportation Committee and the Intergovernmental Committee. Councilmember Benham reported on the Technology Council. 12. Adjournment MOTION: There being no further business, Mayor Berry adjourned the workshop of the College Station City Council at 8:27 p.m. on Thursday, May 22, 2014. ________________________ Nancy Berry, Mayor ATTEST: _______________________ Sherry Mashburn, City Secretary RM052214 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MAY 22, 2014 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called t o order by Mayor Berry at 7:11 p.m. on Thursday, May 22, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Presentation proclaiming May 18-24, 2014 as National Public Works Week. Mayor Berry presented a proclamation to Donald Harmon, Director of Public Works, and members of his staff, proclaiming May 18-24 as National Public Works Week. Citizen Comments Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of Chief Warrant Officer Johnny Villareal Mata. RM052214 Minutes Page 2 Shannon Overby, 8408 Whiterose Court, spoke on behalf of the CVB and noted tourism dollars equate to $740/per Texas household in taxes each year. She congratulated Mayor Berry and Councilmember Schultz for winning the HEB Showdown, which represents how many groceries can be purchased for $800. Zachary Schertz, 3530 Midwest, Bryan, asked questions related to items on the agenda. He was referred to staff. CONSENT AGENDA Carla Robinson, City /Attorney, provided new information on item 2w. The contract is for a two- year term, and after that, either party can terminate with a 60-day notice. Termination can be requested during the two-year term with a penalty for early termination. /In response to Councilmember Benham, Ben Roper, Director of IT, stated he is not comfortable with delaying consideration of this item. / 2a. Presentation, possible action, and discussion of minutes for: May 12, 2014 Workshop May 12, 2014 Regular Council Meeting 2b. Presentation, possible action, and discussion on Resolution 05-22-14-2b, regarding the City’s Tax Abatement Guidelines. 2c. Presentation, possible action, and discussion regarding approval renewal number 1 of contract #13-201 between the City of College Station and Grid Utility, LLC., in the amount of $1,259,926.12 for Annual Electric System Construction & Maintenance Labor; and approval of Resolution 05-22-14-2c, declaring intention to reimburse certain expenditures with proceeds from debt. 2d. Presentation, possible action, and discussion authorizing the payment of Retention and Expansion, and Payroll Grants in a total amount of $45,000 to Reynolds & Reynolds. 2e. Presentation, possible action and discussion regarding the approval of a contract with Kimley-Horn Associates in the amount of $85,000 to update a transportation model of the roadway network in College Station and develop a ranked list of projects for future consideration. Funding for this effort was approved b y the City Council in the budget amendment presented on February 13, 2014. 2f. Presentation, possible action, and discussion on Ordinance 2014-3571, temporarily amending Chapter 10, Section 3, of the College Station Code of Ordinances by changing the posted speed limit on the section of State Highway 6 between the north City Limit line and Barron Road to 60 mph for the duration of a Texas Department of Transportation project to reconstruct the SH 6 entrance and exit ramps along the highway and/or Rock Prairie Road bridge. 2g. Presentation, possible action, and discussion regarding approval of Resolution 05-22- 14-2g, authorizing City staff to negotiate for the purchase of right-of-way needed for the Nimitz Street Rehabilitation Project. RM052214 Minutes Page 3 2h. Presentation, possible action and discussion regarding ratification of Change Order No. 3 in the amount of $239,564 to the Bee Creek Sanitary Sewer Trunk Line Rehabilitation construction contract 13-144 with Elliott Construction, LLC. 2i. Presentation, possible action, and discussion on Resolution 05-22-14-2i, approving a Texas Commission on Environmental Quality (TCEQ) and Brazos Valley Council of Governments Grant Application (BVCOG) in the amount of $13,700.00. 2j. Presentation, possible action, and discussion on a special warranty deed to convey 16.7 acres adjoining the Rock Prairie Road Landfill to the Brazos Valley Solid Waste Management Agency, Inc. 2k. Presentation, possible action, and discussion regarding ratification of Change Order #1 to the construction contract with G.W. Williams, Inc. in the amount of $98,004.57 for the Hike and Bike Phase II project. 2l. Presentation, possible action, and discussion regarding Resolution 05-22-14-2l, approving the reimbursement of costs to the Texas Department of Transportation (TXDOT) in the amount of $2,645.12 for the SH 40 project and $216,025.20 for the FM 2154 (Wellborn Widening) project. 2m. Presentation, possible action and discussion regarding the approval of a professional services contract with Hawkins Architecture in the amount of $238,700 for the Lincoln Center project. 2n. Presentation, possible action, and discussion requesting approval to transfer $49,600 from contingency in the Water Operating Fund for emergency repairs to a 30” water main. 2o. Presentation, possible action and discussion on a funding amendment between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY14 in the amount of $46,327 for additional grant funding. The amended FY14 funding agreement is $174,327. 2p. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Dudley Construction, of College Station, Texas, in the amount of $94,431.00 for the Southwest Park Phase II improvements and authorizing the City Manager to execute the contract on behalf of the City Council. 2q. Presentation, possible action and discussion on approving the amended budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action and discussion on a funding amendment between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY14 in the amount of $46,313 for expenses related to the relocation of CVB offices. 2r. Presentation, possible action, and discussion regarding the Depository Pledge Agreement with Branch Banking and Trust Company (BB&T). The depository pledge agreement authorizes the Mayor to execute a new collateral agreement between the City, RM052214 Minutes Page 4 the Federal Reserve Bank and BB&T. The agreement is necessary due to the purchase of Citibank by BB&T. The new agreement mirrors the Citibank agreement and will cover the period from the date of the acquisition of Citibank assets to BB&T through September 30, 2015. 2s. Presentation, possible action, and discussion on an inter-local agreement (ILA) with Brazos County and the City of Bryan for the purpose of application and acceptance of a U.S. Department of Justice, 2014 Justice Assistance Grant (JAG). 2t. Presentation, possible action, and discussion regarding adoption of Resolution 05-22-14- 2t, denying the rate increase requested by Atmos Energy. 2u. Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for the purchase of their IVR interface for the SPS Customer Information System module in an amount not to exceed $10,775.00. 2v. Presentation, possible action, and discussion regarding awarding the bid and approval of an annual price agreement with BWI Companies, in the amount of $89,659.00, for the annual purchase of athletic field maintenance materials to include fertilizers, chemicals, pesticides, herbicides, winter over-seed, infield material, grass seed and turf amendments. 2w. Presentation, possible action, and discussion regarding approval of a contract with Verizon Business Network Services, Inc. for the purchase of their city long distance phone services in an amount estimated to be no more than $70,000.00 over two years. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3572, amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by rezoning approximately 2 acres for Whitley Subdivision, Lots 3A & 3B at 1806 Welsh Avenue from GC General Commercial to CI Commercial Industrial. Morgan Hester, Planning and Development Services, reported this request is to rezone the property from General Commercial to Commercial Industrial. The Planning and Zoning Commission considered this item at their May 1, 2014 meeting and voted 5-0 to recommend approval of the rezoning. At approximately 7:37 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:37 p.m. RM052214 Minutes Page 5 MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3572, amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by rezoning approximately 2 acres for Whitley Subdivision, Lots 3A & 3B at 1806 Welsh Avenue from GC General Commercial to CI Commercial Industrial. The motion carried unanimously. 2. Public Hearing, presentation, possible action and discussion regarding Standard of Care Ordinance 2014-3573 for the City's youth programs. David Schmitz, Director of Parks and Recreation, reported that the Department of Human Services and Department of Protective and Regulatory Services exempts youth programs operated by a municipality from child-care licensing requirements, provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing. At approximately 7:45 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:45 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council seven (7) for and none (0) opposed, to move adopt Ordinance 2014- 3573, establishing a Standard of Care. The motion carried unanimously. 3. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 7:45 p.m. on Thursday, May 22, 2014. ________________________ Nancy Berry, Mayor ATTEST: ___________________________ Sherry Mashburn, City Secretary 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-366 Name:BerryDunn ICE Project Manager Services Contract Status:Type:Contract Consent Agenda File created:In control:4/3/2014 City Council Regular On agenda:Final action: Title:Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and BerryDunn in the amount not to exceed $645,638.00 for the purposes of providing Project Management services for the replacement of the City’s current ERP system. Contract is for 24 months. Sponsors: Indexes: Code sections: Attachments:BerryDunn.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and BerryDunn in the amount not to exceed $645,638.00 for the purposes of providing Project Management services for the replacement of the City’s current ERP system. Contract is for 24 months. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the contract Summary: The city conducted a search and selected a contract worker to serve as the ERP system replacement project manager. This worker subsequently was hired to a different full time city position. Due to the established working relationship with BerryDunn through the ERP requirements definition, RFP process and contract negotiations, the city selected BerryDunn to provide Project Management services for the duration of the expected project. Budget &Financial Summary:Funding for this project is included in the Facilities and Technology Capital Projects Fund as part of the ERP Replacement Project,CO 1204.It is anticipated that the project will be funded with a combination of long term debt as well as current resources from the General Fund and Utility Funds. Attachments: College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-366,Version:1 1. BerryDunn PM Contract College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ CONSULTANT CONTRACT This Contract is by and between the City of College Station, a Texas Home-Rule Municipal Corporation (the "City") and Berry, Dunn, McNeil, and Parker, LLC (dba BerryDunn) (the "Contractor"), whereby Contractor agrees to perform and the City agrees to pay for the work described herein. ARTICLE I 1.01 This Contract is for Project Management Oversight of the City's ERP System Implementation (the "Project"). The scope and details of the work to be provided to the City by Contractor are set forth in Exhibit "A" to this Contract and are incorporated as though fully set forth herein by reference. Contractor agrees to perform or cause the performance of all the work described in Exhibit "A." 1.02 Contractor agrees to perform the work described in Exhibit "A" hereto and the City agrees to pay Contractor a fee based on the rates set forth in Exhibit "B" to this Contract for the services performed by Contractor. Invoices shall be submitted to the City on or before the 15th of each month for services provided in the previous month. The payment terms are net payable within thirty (30) calendar days of the City's receipt of the invoice. Upon termination of this Contract, payments under this paragraph shall cease, provided, however, that Contractor shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Contractor has not yet been paid. 1.03 The total amount of payment, including reimbursements, by the City to Contractor for all services to be performed under this Contract may not, under any circumstances, exceed Six Hundred Forty Five Thousand Six Hundred Thirty Eight Dollars and 00 cents ($ 645,638.00). 1.04 The City may from time to time request changes in the scope and focus of the activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this Contract, provided, however, that any such change that in the opinion of Contractor, the City Manager, or the City's Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Contractor and the City'S Project Manager. 1.05 a. When the original Contract amount plus all change orders is $50,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more than $50,000. For such contracts, when a change order results in a total contract amount that exceeds $50,000, the City Council of the City must approve such change order prior to commencement of the services or work; and Page 1 Form Revised on 5-11-12 Contract No. 14-239 b. When the original contract amount plus all change orders is equal to or greater than $50,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract amount, the City Council of the City must approve such change order prior to commencement of the services or work; and c. Any request by the Contractor for an increase in the Scope of Services and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, including a dispute as to whether such service is additional to the Scope of Services included in this Contract, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. 1.06 Except as provided in Article VI hereinbelow, the Contractor shall complete all of the work described in Exhibit "A" based on a twenty-four (24) month ERP implementation. 1.07 Time is of the essence of this Contract. The Contractor shall be prepared to provide the professional services in the most expedient and efficient manner possible in order to complete the work by the times specified. 1.08 Contractor promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Contractor agrees to perform any and all Project-related tasks included in Exhibit A reasonably required of it by the City in order to fulfill the purposes of the work to be performed. The work of Contractor under this Contract may be authorized by the Project Manager in various phases as set forth in Exhibit"A." 1.09 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution ofthe work on the Project. The Contractor shall have ultimate control over the execution of the work under this Contract. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Contract. Contractor shall be liable for any misrepresentations. Any negotiations by the Contractor on the City's behalf are binding on the City only when within the scope of work contained herein and approved by the City. Page 2 Fonn Revised on 5-11-12 Contract No. 14-239 ARTICLE II 2.01 The City shall direct Contractor to commence work on the Project by sending Contractor a "letter of authorization" to begin work on the Project. 2.02 Upon receipt of the letter of authorization to begin work on the implementation of the Project, Contractor shall meet with the City for the purpose of determining the nature of the Project, including but not limited to the following: meeting with the City's staff to coordinate Project goals, schedules, and deadlines; coordinating data collection; briefing the City's management staff; documenting study assumptions and methodologies; devising the format for any interim reports and the final report to the City. 2.03 Contractor shall consult with the City and may, in some limited circumstances, act as the City's representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Contractor shall be an independent contractor at all times and is not to be considered either an agent or an employee of the City. ARTICLE III 3.01 As an experienced and qualified professional, Contractor warrants that the information provided by Contractor reflects high professional and industry standards, procedures, and performances. Contractor warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, the fitness and operation of its recommendations, and the performance of other services under this Contract, pursuant to a high standard of performance in the profession. Contractor warrants that it will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval or acceptance by the City of any of Contractor's work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Contractor, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Contractor's responsibilities under this Contract. Nor shall the City's approval or acceptance be deemed to be the assumption of responsibility by the City for any defect or error in the Project's work products prepared by Contractor, its employees, associates, agents, or subcontractors. 3.02 Contractor shall keep the City informed of the progress of the work and shall guard against any defects or deficiencies in its work. 3.03 Contractor shall be responsible for using due diligence to correct errors, deficiencies or unacceptable work product. Contractor shall, at no cost to the City, remedy any errors, deficiencies or any work product found unacceptable, in the City's sole discretion, as soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said errors, deficiencies or unacceptable work product. Page 3 Form Revised on 5-11-12 Contract No. 14-239 3.04 Contractor's work product shall be the exclusive property of the City. Upon completion or termination of this Contract, Contractor shall promptly deliver to the City all records, notes, data, memoranda, models, and equipment of any nature that are within Contractor's possession or control and that are the City's property or relate to the City or its business. ARTICLE IV 4.01 Indemnity. The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents (separately and collectively referred to in this paragraph as "Indemnitee"), from and against any and all claims, losses, damages, causes of action, suits, judgments, settlements made by Indemnitee, and liability of every kind, including all expenses of litigation, court costs, attorney's fees, and other reasonable costs for damage to or loss of use of any property, for injuries to, or sickness or death of any person, including but not limited to Contractor, any of its subcontractors of any tier, or of any employee or invitee of Contractor or of any such subcontractors, that is caused by, arises out of, related to, or in connection with, the negligence of and/or negligent performance of this Contract by Contractor or by any such subcontractors of any tier, under this Contract. 4.02 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 4.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 4.03 Release. The Contractor releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Contractor or its employees and any loss of or damage to any property of the Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Contractor's work to be performed hereunder. Both the City and the Contractor expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Contractor or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Contractor, or any third party. ARTICLE V Insurance 5.01 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to Page 4 Form Revised on 5-11-12 Contract No. 14-239 property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on Exhibit "C". ARTICLE VI 6.01 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Contractor, in writing, who shall cease work immediately. Contractor shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Contractor for the services performed and expenses incurred prior to the date of termination. 6.02 No term or provision of this Contract shall be construed to relieve the Contractor of liability to the City for damages sustained by the City or because of any breach of contract by the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until the exact amount of damages due the City from the Contractor is determined and paid. ARTICLE VII 7.01 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 shaH be in Brazos County, Texas. 7.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City: City of College Station Attn: Jeff Kersten P.O. Box 9960 College Station, Texas 77842 Contractor: Berry, Dunn, McNeil, and Parker, LLC Attn: Timothy Masse 100 Middle Street Portland, ME 04104 7.03. Contractor, its employees, associates or subcontractors shall perform all the work hereunder. Contractor agrees that all of its associates, employees, or subcontractors who work on this Project shall be fully qualified and competent to do the work described hereunder. Contractor shall undertake the work and complete it in a timely manner. Page 5 Form Revised on 5-11-12 Contract No. 14-239 7.04 The Contractor shall 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 (I RCA). The Contractor may not knowingly obtain the labor or services of an undocumented worker. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 7.05 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 7.06 This Contract and all rights and obligations contained herein may not be assigned by Contractor without the prior written approval ofthe City. 7.07 If any provision of this Contract 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 Contract 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. 7.08 This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 7.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 7.10 This Contract will be effective when signed by the last party whose signing makes the Contract fully executed. BERRY DUNN MCNEIL PARKER LLC CITY OF COLLEGE STATION By: ~Vtl.4k-: Printed Na~e:Timothy F. Masse City Manager Title: Principal Date: April 1, 2014 Date:_________ Page 6 Form Revised on 5-11-12 Contract No. 14-239 ---------------- -------- APPROVED: City Attorney Date: Assistant City Manager/CFO Date: Page 7 Form Revised on 5-11-12 Contract No. 14-239 Exhibit A SCOPE OF SERVICES ICE Project Management Services BerryDunn will serve in a project management role during the new ERP System implementation, referred to as the Integrate City Efficiency (ICE) Project. This means that BerryDunn will act on the City's behalf as project manager. The BerryDunn Project Manager will lead the ERP Project Team by providing overall direction, planning, coordination, and execution of the project while ensuring consistency with city strategy, commitments and goals. The Project Manager will set deadlines, assigns responsibilities and monitor progress for the ERP system implementation. In addition, the Project Manager will work in collaboration with City staff to evaluate and recommend changes to current and future system requirements to meet organizational needs. The City reserves the right to interview and approve the BerryDunn nominated Project Manager, both initially and if any changes occur during the time covered by this Agreement. The BerryDunn Project Manager will lead and actively participate in the activities and services presented in Table 1. For those activities indicating the creation of project documents, the BerryDunn Project Manager will provide template documents and work with vendors and the city staffto develop completed documents. Table 1: BerryDunn Full-Time Project Management Services Project Work Plan and Schedule Project Communication Plan The Project Charter will define the scope of the project, outline the City's goals and objectives, document project • influences (e.g., constraints, assumptions, and known risks), describe anticipated impacts to the City, and identify project stakeho lders. The Project Work Plan will address the project team organization, staffing plan, and agreed upon procedures related to the management of resources, scope, schedule, communication, risk, and quality. The Project Schedule will provide a timeline for completion project phases, milestones, and BerryDunn deliverables within the of the contract. The Project Communication Plan will describe the information needs of the various City stakeholders involved with the project and set forth planned communications to address stakeholder needs. This Plan will serve as a critical tool for effectively managing and promoting the adoption of stakeholders. Page 8 Fonn Revised on 5-11-12 Contract No. 14-239 Plan implementation vendor's project planning and contractual documents and provide a detailed roadmap to guide the implementation. Project Management Tools BerryDunn will provide the City an on-line project management portal, utilizing Project Management Institute (PM I) and Project Management Body of Knowledge (PMBOK) accepted best practices and tools for project! management. Monthly Project Throughout the entire engagement, BerryDunn will develop Management Status Monthly Status Reports to report on implementation Reports activities, including project risks and issues, project budget, project schedule, upcoming tasks and milestones as well as planned activities. Risk Management BerryDunn will develop and maintain a risk register as part of the monthly status reporting process to proactively identify, manage, and mitigate project risks. Project Budget BerryDunn will lead and assist the City in development and administration of a detailed project budget to be included in the monthly Status Reports Testing Plan and Completion of Testing BerryDunn will collaborate with the implementation vendor to develop a Testing Plan, facilitate testing, and participate in test processes and quality assurance activities Training Plan and Completion of User Training BerryDunn will collaborate with the implementation vendor to develop, facilitate, and administer an Education Plan Project Close Out and BerryDunn will conduct a project close-out meeting with Lessons Learned Report the City'S Project Team to discuss lessons learned, ensure • the City has received all deliverables due, and transfer knowledge and tools to the City. BerryDunn will document project close activities, including lessons learned and recommendations, in a Project Close-out Report. Review Implementation Vendor Deliverables BerryDunn will lead the review of the implementation vendor's deliverables. BerryDunn will prioritize theirfindings into one of three types: Red (show stopper findings that, from BerryDunn's PM perspective, should be corrected prior to the City formally accepting the deliverable as complete); Yellow (important finding to be addressed, but should not prevent acceptance of the deliverable); and Green (findings typically related to grammar, spelling, and format). BerryDunn will review seven vendor deliverables. (Project Plan, Change Management Plan, Resource Plan, Education Plan, Page 9 Form Revised on 5-11-12 Contract No. 14-239 Communication Plan, Risk Plan, Test Plan and Conversion Plan. In addition to the activities and tasks summarized above, the BerryDunn PM will take the lead in working with the ERP vendor(s) and the City Project Team on the following tasks: • Schedule and coordinate meetings, information sessions and briefings as needed • Manage the project budget • Manage project resource allocation • Plan and Schedule project timelines • Assist in the resolution of conflicts within and between stakeholders, functional areas and the ERP vendor • Work with the ERP vendor and the city's Change Management Team to develop and implement a Change Management plan City Roles and Responsibilities The City will have the following roles and responsibilities regarding BerryDunn's serving as ICE Project Manager: • Review and approve Berry Dunn deliverables • Collaborate on the development and updating of the various Project-related Plans • Collaborate with BerryDunn and the implementation vendor in the identification of gaps in functionality of the vendor software and the City's desired future business processes • Collaborate with BerryDunn in maintaining stakeholder communications, based on the agreed upon Communication Plan • Collaborate, coordinate, and participate in all testing and quality assurance activities as directed by BerryDunn and the implementation vendor • Coordinate City staff participation in training activities and resources and participate in training • Provide Berry Dunn Project Manager with office space and office furnishings and equipment equivalent to that provided to City staff • Appoint a primary Point of Contact for coordination of project management activities and city staff, as required Reporting Structure The BerryDunn PM will report to the Project Sponsor for performance and accountability purposes. Day-to-day coordination will be accomplished through the City designated Point of Contact. Assumptions • City resources will participate in all required project activities. • Maintaining project schedule is dependent on overall project funding being available as needed. Page 10 Form Revised on 5-11-12 Contract No. 14-239 Exhibit B PAYMENT TERMS BerryDunn will progress bill the City on or before the 15th of each month for services provided in the previous month .. Travel expenses will be billed on a monthly basis as incurred. Project Cost Estimates Estimated fees for the project management services included in this SOW are shown in Table 2 below. The hour estimates are based on BerryDunn's experience with similar projects. BerryDunn will not charge for time spent traveling, so these costs are reflective only ofthe time BerryDunn team members will be working on the City's project. The cost estimates are based on a 24-month implementation and do not include travel-related expenses, which are estimated in Table 3. Project Management (3,264 hours, 94 weeks) • Two weeks of on-site time each month (56 hours, 28 hours per week) • Two weeks of off-site time each month (80 hours) • Lead Weekly Project Team Meetings • Review of Implementation Vendor Deliverables • Monthly Project Status Reports and On-Site Project Management Activities • User Acceptance Testing (UA T) T number of onsite $584,582 Page 11 Fonn Revised on 5-11-12 Contract No. 14-239 Exhibit C Insurance Requirements 1. The Contractor agrees to maintain the types and amounts of insurance required in this Contract throughout the term of the Contract. The following insurance policies shall be required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation D. Professional Liability II. For each of these policies, the Contractor's insurance coverage shall be primary with respect to the City, its officials, employees and volunteers. Any insurance or self-insurance carried or obtained by the City, its officials, employees or volunteers, shall be considered in excess of the Contractor's insurance and shall not contribute to it. No term or provision of the indemnification provided by the Contractor to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates ofInsurance and endorsements shall be furnished to the City's Representative at the time of execution of this Agreement, attached hereto as Exhibit D, and approved by the City before work commences. IV. General Requirements Applicable to All Policies. A. Only insurance carriers licensed and authorized to do business in the State of Texas shall be accepted. B. Deductibles shall be listed on the certificate of insurance and are acceptable only on an "occurrence" basis for property damage only. C. "Claims made" policies are not accepted, except for Professional Liability insurance. D. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice has been given to the City of College Station. E. The Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent on the most current State of Texas Department of Insurance-approved forms. Each certificate shall contain the following provisions and warranties: 1. The insurance company is licensed and authorized to do business in the State of Texas 2. The insurance policy is underwritten on forms provided by the Texas State Board of Insurance or ISO 3. All endorsements and coverages are included according to the requirements of this Contract Page 12 Form Revised on 5-11-12 Contract No. 14-239 4. The fonn of notice of cancellation, tennination, or change in coverage provisions is specified in this attachment G. The City of Co \lege Station, its officials, employees, and volunteers are to be listed as Additional Insureds on the Commercial General Liability and Business Automobile Liability Policies. The coverages shall contain no special limitations on the scope of protection afforded the City, its officials, employees, and volunteers. V. Commercial General Liability requirements: A. Coverage shall be written by a carrier rated "A: VIII" or better in accordance with the current A. M. Best Key Rating Guide. S. Minimum Combined Single Limit of $1 ,000,000 per occurrence per project for bodily injury and property damage with a $2,000,000 annual aggregate limit. C. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. E. The coverage shall include but not be limited to premises/operations; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein); Host Liquor Liability and Personal and Advertising Injury. F. The City shall be listed as Additional Insured, and the policy shall be endorsed to waive rights of subrogation, to be primary and non-contributory with regard to any self-insurance or insurance policies held or obtained by the City. VI. Business Automobile Liability requirements: A. Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A. M. Best Key Rating Guide. S. Minimum Combined Single Limit of $1 ,000,000 per occurrence for bodily injury and property damage. C. The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. D. The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. VII. Workers' Compensation Insurance requirements: A. Workers' Compensation insurance shall include the following tenns: 1. Employer's Liability limits of $1,000,000 for each accident is required. 2. "Texas Waiver of Our Right to Recover From Others Endorsement, WC 4203 04" shall be included in this policy. Page 13 Form Revised on 5-11-12 Contract No. 14-239 3. Texas must appear in Item 3A ofthe Worker's Compensation coverage or Item 3C must contain the following: All States except those listed in Item 3A and the States ofNV, NO, OH, W A, WV, and WY. VHI. Professional Liability requirements: A. Coverage shall be written by a carrier rated "A:VIII" or better in accordance with the current A. M. Best Key Rating Guide. B. Minimum of $1 ,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $1 00,000.00. Financial statements shall be furnished to the City upon request. C. For "claims made" policies, access to a 24-month extended reporting period shall be required and a retroactive date must be shown on the certificate of liability. Page 14 Form Revised on 5-11-12 Contract No. 14-239 I DAlE IIAMIOOlYYYYIAeRD• CERTIFICATE OF LIABILITY INSURANCE 4/1/2014 THIS CERTIFICATE IS ISSUED AS A MAnER 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 CONSTIruTE A CONTRACT BElWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMt'UKI AJ'U : If me cenmcate holder Is an ADDITIONAL INSURED, me ~Icy(i&s) must be endorse<!. 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 neu of such endorsement(s). PRODUCER Aon Insurance Services 159 East County Line Rd. IE~ Ir~N ..1 Hatboro, PA 19040-1218 IHSURERIS) AI'FOAOING eOVERAGE HAle' INSURER A; Continental Casualty Company 20443 INSURED INSURER 8; North River Insurance Company 21105 Beny Dunn McNeil & Parker,lLC 100 Middle Street Portland, ME 04103 INSURERC: INSURER O' INJURERE: INIIURER F: REVISION NUMBER- CANCElLATION City of College Station SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 6E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NonCE WILL 6E DELIVERED INPO Box 9960 ACCORDANCE WITH THE POLICY PROVISIONS. ColJege Station, TX 77842 o ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER-. THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A80ve FOR THE POLICY PERIOD INOICATED, NOTWITIiSTANDING ANY REQUIREMENT, TERM OR CONDIllON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDrTlONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~ TYPE OF INSIlRANCE [Iiiii'IWlin PQUCY NUMBER Ir&1iM\STyV~ II~attfJ..WY1. LIMITS GENERAL UABIUTY EACH OCCO;:;RENCE S MMeRC!AI. GENERAl UABilITY ~~t~J~E~=~~""l S ClARdS-MAOE 0 OCCUR ~Ela" (Any onl p......,n) S PERSONAl & NJoiINJU!'!V S GENERAL AGGREGATE S GEN'L~RnE LIMIT AFPI.!ES peR: PRODuCTS· COMPIOP AGG S I POIJCY r;~ n lOC 5 AUTOMOBILE llA8IUTY iEal=~~tF"GU;LIMIT 5-I SOOE!.Y INJURY Werpenonl Is r-AHYAUTO ,--SCHEDULeoAll 01ll<ED SOOIl..'f IN.iU RY S I-",UTOS ~ I\\1T05 NON-OWNED ;ii~:,;;~~,gA1MGt:H'REDAUTOS A\,'rOS s I--$ UMBRELLA UAS HOCGUR SACK OCC\J~RENce $ I-EXCES$UAS CLAIWS-MAQ5 AGGI!EGATE S OED I I RETENTION S S WORKERS COMPENSATIOH li~4ra1#sl ICJ~'AND EMPLOYER!' UABIUTY YIN NN P~'PAATHERleXl!CUTM! 0 MIA E.L. EACH ACCIDENT S OFflCEMISd EXCLUDED? (II',nlbtory in Nil) E.L. DISEA gmtt1= TIONS bebw E.!.. ~ profeSSIOnal 'I At-'L-1I!H 11 ;a1l1 U4.(Ul/2U14 U41U1I201() per ,uuu annual 557-100355-5 aggregate DIlSCRIPTIOH OF OPERATIONS' LOCATIONS I VEHICLES (AltlCh ACORD t Of, Addition.1 R.rrurrb SI1h.dulv. if mor9 ..poe. Is ",,!ulrl'<ll CERTIFICATE HOLDER BERRDUN·03 RRUMPF ACORD' I DATE (MMiODIVYYYICERTIFICA TE OF LIABILITY INSURANCE ~ 4/1/2014 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: II the certificate holder Is an ADDITIONAl-INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on th's certificate does not confer rights to the certificate holder In lieu of such endorsemen!{s). PRODUCER CONTACT Clark Insurance 2385 Con~es8 Street ~.207}1!4:62~_____ ~fAX -. _ J~I.C, NOI:J~~Iln 1:~~~'L_ Portland, E 04104 INSURERlsl AFfORD.ING COVERAGE NAtCIl INSURER A: Peerle~s Insurance ~~ 24198 ..----...--.~ ItlSURED !NSURER B: Maine E_m ployers Mutual 11149 Berry Dunn McNeil & Parker LLC INSURER C : Underwriters at Lloyd's London PO Box 1100 11I~1.JI'tI:I'tP; Travelers Insurance 39357 Portland, ME 04104 JIf.~.1.J.fl_~R E : INSURERF: COVERAGES CERTIFICATE NUMBER' 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 \NITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN'S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS, INSR TYPE OF INSURANCE =i~~ Jr.?l-1.9,~~. 11t;.~1,i,v,m,,1 liMITSLTR POlley NUMBER A ,X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2.000,OO~'~-tJ ClAIMS-MADE Qg OCCUR X BOP9719897 04/30/2013 04/30/2014 ~~~~$YE~~~ncel 500,000X $ -15,000 ~ MEO EXP (Anyone person) $ rXERSONAl & AOV INJURY $ 2.000,00(J .-~ 4.000,OOtl, GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $=l POLICY 0 ~rtr 0 LOC PRODUCTS COMPIOP AGO $ 4.000,OO(J OTHER: s AUTOMOBILE LIABILITY fe~~~~~~rING[EUMll $ 1.000,OO(J A -X IBA8427467 04/30/2013 04/30/2014 BODilY INJURY(P~~ANY AUTO-ALL OWNED ~SCHEDULED BODilY INJURY {Per 8AUTOS I AUTOS X HI REO AUTOS C)0 NON,OWNED I rp~?~~~gAMAGE $ -f--i AUTOS $ ~UMBRELLA WID MOCCUR EACH OCCURRENCe $ A eXCESS LIAS CLAIMS-MAOE CU9714498 04/30/2013 04/30/2014 AGGREGATE $ 6,OOO!~--;~Tx I RETENTION $ ... 10.000 Commercial Umbr $ 5.000,00(] WORKERS COMPENSATION X I~~~TE I I ~~H'AND EMPLOYERS' LIABILITY YIN X 5101800149 01/01/2014 01/0112015 1.00Q,OO(B ANY PROPRIETQRI?ARTNERlEXECUTIVE [] E.L. EACH ACCIDENT $ OFFICERJMEMBER EXCLUDED? N/A ._~u. 1.000,OO((Mandatory In NH, EL. DISEASE· EA EMPLOYE E $ g~~M1fr{~~'6PERATIONS bolo',.. E.L DISEASE· POLICY liMIT $ 1.000,OO~ C Cyber Liability 130309BA91310C 0212212014 02/2212015 2,000,000 D Crime 105608076 !04/3012011 04/30/2014 2.000.00(J i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlthmal Romarl<s ScllGdule, mAY lie altached II more Ijncel$ required, City of College Station Is Included as additional Insured In regards to geneml and automobile liability as required by written contract. Genemillablllty Is primary, non·contrlbutory with waiver of subrogation. Workers Compensation Includes "Texas Waiver of Our RIght to Recover from others endol'$ement • WC42 03 04. 30 day notice of cancellation applies except for 10 days for non payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN City of College Station ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9960 College Station. TX 77842 AUTHORIZED REPRESENTATIVE '$~~~dt.I © 1988·2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-460 Name:Credit Access Businesses Status:Type:Ordinance Consent Agenda File created:In control:5/13/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding the amendment of Ordinance 2014-3556 located in Chapter 4 "Business Regulations" of the College Station Code of Ordinances, Section 17 titled "Credit Access Businesses". The Amendment would set an annual registration fee of fifty dollars ($50.00) for each physically separate credit access business within the City limits of College Station, Texas. Sponsors:Debbie Eller Indexes: Code sections: Attachments:Attachment 1 - Proposed CAB Ordinance Amendment.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding the amendment of Ordinance 2014-3556 located in Chapter 4 "Business Regulations"of the College Station Code of Ordinances,Section 17 titled "Credit Access Businesses".The Amendment would set an annual registration fee of fifty dollars ($50.00)for each physically separate credit access business within the City limits of College Station, Texas. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Neighborhood Integrity ··Diverse Growing Economy Recommendation(s): Staff recommends approval. Summary:The Credit Access Business Ordinance 2014-3556 was approved by Council at their February 27,2014 meeting and will go into effect on August 27,2014.This Amendment would establish a registration fee of $50.00 for each physically separate credit access business within the City limits of College Station,Texas.The amendment would allow the fee to be periodically reviewed and adjusted should the City find it necessary. Budget & Financial Summary: N/A Attachments: 1. Proposed Ordinance Amendment College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-460,Version:1 College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ ORDINANCE NO. 2014 - 3556 AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS”, 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 4, “Business Regulations”, 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: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this ______ day of _______________, 2014. APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO. 2014-3556 Page 2 EXHIBIT “A” That Chapter 4, “Business Regulations”, Section 4-17, “Credit Access Business”, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by adding (i.e. subsection 4-17, paragraph F,) as set out hereafter to read as follows: F. Registration Required A person commits an offense if the person acts, operates, or conducts businesses as a credit access business without a valid certificate of registration. A certificate of registration is required for each physically separate credit access business. A fee of fifty dollars ($ 50.00), which may be amended from time to time by resolution or ordinance, is established for each physically separate credit access business within the City limits of College Station, Texas. 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-469 Name:Amendment to Atmos Franchise Status:Type:Franchises Consent Agenda File created:In control:5/21/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding an ordinance amending the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. Sponsors: Indexes:Atmos, Franchise Code sections: Attachments:Atmos Franchise Amendment Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding an ordinance amending the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. Relationship to Strategic Goals: (Select all that apply) ··Financially Sustainable City ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the ordinance Summary: On March 13, 2014 Council approved the first reading of an ordinance granting Atmos Energy a non- exclusive natural gas franchise. On March 27, 2014 Council approved the second reading of that ordinance. Staff is requesting that Council amend Atmos' Franchise agreement in order to clarify some language related to the technical definition of "Gross Revenues." These changes will make the definitions more consistent with the way the terms were defined in the previous franchise agreement. Staff has been in frequent contact with Atmos regarding these changes and Atmos is in concurrence with the proposed changes. Budget & Financial Summary: There will be no financial impact. These definitional changes are consistent with the definitions used in the previous agreement with Atmos. Attachments: 1. Atmos Franchise Amendment College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-469,Version:1 College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ ORDINANCE NO. ______________ AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY OF COLLEGE STATION, BRAZOS COUNTY, AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT DEFINITION OF GROSS REVENUES; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Atmos Energy Corporation (“Company”) is engaged in the business of furnishing and supplying gas to the general public in the City of College Station (“City”), including the transportation, delivery, sale, and distribution of gas in, out of, and through the City for all purposes, and is using the public streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of a franchise ordinance duly passed by the governing body of the City and duly accepted by Company; and WHEREAS, on March 27, 2104, the City passed and Company duly accepted Ordinance No. 2014-3559; WHEREAS, the City and Company desire to amend said franchise ordinance to provide for a different definition of Gross Revenues in Section 1.9; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: that SECTION 1: Section 1.9 of Ordinance No. 2014-3559 is deleted in its entirety and replaced with the following: (a) All revenues billed by the Company from the sale of gas to all residential and commercial customers (excluding gas sold to governmental customers, industrial customers, and to any another non-affiliate gas utility in the City for resale to its customers within the City) within the City including base rate revenues and revenues from the Company’s purchased gas adjustment tariff; (b) Contributions in aid of construction; and (c) “Gross Revenues” shall also include state gross receipts tax and the following “miscellaneous charges”: to connect, disconnect or reconnect gas and charges to handle returned checks from consumers within the City. (d) “Gross Revenues” shall not include: i. revenues billed but not ultimately collected or received by the Company; ii. the revenue of any affiliate or subsidiary of the Company; iii. sales tax and franchise fees paid to the City; iv. interest or investment income earned by the Company; and v. monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the Public Rights-of-Way. SECTION 2: In all respects, except as specifically and expressly amended by this ordinance, the existing effective franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by the Company shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 3: Company shall, within thirty (30) days from the receipt of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in substantially the following form: To the Honorable Mayor and City Council: Atmos Energy Corporation, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the ____ day of June, 2014, Ordinance No. __________ amending the current gas franchise between the City and Atmos Energy Corporation. Atmos Energy Corporation By ________________________________ Vice President, Mid-Tex Division SECTION 4: It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, this the ___ day of May, 2014, at which meeting a quorum was present and voting. ____________________________ Nancy Berry, Mayor ATTEST: ______________________________ Sherry Mashburn, City Secretary 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-472 Name:NAC Purchase Status:Type:Contract Consent Agenda File created:In control:5/21/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding approval of a purchase from Accudata Systems for Network Access Control (NAC) system licenses, configuration services and training in the amount of $62,908.83. Sponsors:Ben Roper Indexes: Code sections: Attachments:Accudata Quotation.pdf DIR-SDD-1502.pdf DIR-SDD-1502-appendix-c.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a purchase from Accudata Systems for Network Access Control (NAC) system licenses, configuration services and training in the amount of $62,908.83. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: This purchase is part of the Network and Data Security Upgrade Project, CO 1202. This capability will provide greater visibility into devices on the network and will prevent rogue devices from being placed on the network. This purchase will use Texas Department of Information Resources Contract DIR-SDD-1502. Budget & Financial Summary: Funds are available in the Network and Data Security Upgrade Project, CO 1202. Attachments: Accudata Quote College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-472,Version:1 College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ https://collegestation.legistar.com/View.ashx?M=F&ID=3102790&GUID=0F0455FF-B20E-4E6A-AE4A-59235535CB79[6/6/2014 4:01:34 PM] Embedded Secure Document The file https://collegestation.legistar.com/View.ashx?M=F&ID=3102790&GUID=0F0455FF-B20E-4E6A- AE4A-59235535CB79 is a secure document that has been embedded in this document. Double click thepushpin to view. DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 1 of 10 STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES Business Security Solutions LLC 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter “DIR”) with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and Business Security Solutions LLC (hereinafter “Vendor”), with its principal place of business at 974 Campbell Road, Suite 100, Houston, Texas 77024. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts’ Electronic State Business Daily, Request for Offer (RFO) DIR-SDD-TMP-153, on December 18, 2009, for Data Communications & Telecommunications Networking Equipment and Related Services. Upon execution of this Contract, a notice of award for RFO DIR-SDD-TMP- 153 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence This Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor’s Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor’s Response to RFO DIR-SDD-TMP-153, including all addenda; and Exhibit 2, RFO DIR-SDD-TMP-153, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor. In the event of a conflict between the documents listed in this paragraph, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The term of this Contract shall be one (1) year commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend the Contract, upon mutual agreement, for up to three (3) optional one-year terms. DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 2 of 10 3. Product and Service Offerings A. Products Products available under this Contract are limited to Data Communications & Telecommunications Networking Equipment and Related Services as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above. B. Services Services available under this Contract are limited to those services specifically related to Data Communications & Telecommunications Networking Equipment and Related Services as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.B above. 4. Pricing A. Manufacturer’s Suggested Retail Price (MSRP) MSRP is defined as the product sales price suggested by the manufacturer or publisher of a product. B. Customer Discount The minimum Customer discount for all products and services will be the percentage off MSRP as specified in Appendix C. Customer Discount includes the DIR administrative Fee specified in Section 5. C. Customer Price 1) The price to the Customer shall be calculated as follows: Customer Price = MSRP – Customer Discount 2) Customers purchasing products and services under this Contract may negotiate more advantageous pricing or participate in special promotional offers. In such event, a copy of such better offerings shall be furnished to DIR upon request. 3) If pricing for products or services available under this Contract are provided at a lower price to: (i) an eligible Customer who is not purchasing those products or services under this Contract or (ii) any other entity or consortia authorized by Texas law to sell said products and services to eligible Customers, then the available Customer Price in this Contract shall be adjusted to that lower price. This Contract shall be amended within ten (10) business days to reflect the lower price. DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 3 of 10 D. DIR Administrative Fee The administrative fee specified in Section 5 below shall not be broken out as a separate line item when pricing or invoice is provided to Customer. E. Shipping and Handling Fees The price to the Customer under this Contract shall include all shipping and handling fees. Shipments will be Free On Board Customer’s destination. No additional fees shall be charged to the Customer for standard shipping and handling. If the Customer requests expedited delivery, Customer will be responsible for any charges for expedited delivery. F. Tax-Exempt As per Section 151.309, Texas Tax Code, Customers under this Contract are exempt from the assessment of State sales, use and excise taxes. Further, Customers under this Contract are exempt from Federal Excise Taxes, 26 United States Code Sections 4253(i) and (j). G. Travel Expense Reimbursement Pricing for services provided under this Contract are exclusive of any travel expenses that may be incurred in the performance of those services. Travel expense reimbursement may include personal vehicle mileage or commercial coach transportation, hotel accommodations, parking and meals; provided, however, the amount of reimbursement by Customers shall not exceed the amounts authorized for state employees as adopted by each Customer; and provided, further, that all reimbursement rates shall not exceed the maximum rates established for state employees under the current State Travel Management Program. Travel time may not be included as part of the amounts payable by Customer for any services rendered under this Contract. The DIR administrative fee specified in Section 5 below is not applicable to travel expense reimbursement. Anticipated travel expenses must be pre- approved in writing by Customer. H. Changes to Prices Vendor may change the price of any product or service at any time, based upon changes to the MSRP, but discount levels shall remain consistent with the discount levels specified in this Contract. Price decreases shall take effect automatically during the term of this Contract and shall be passed onto the Customer immediately. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is one and one quarter percent (1.25%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $1,250. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 4 of 10 written notice to Vendor. Any change in the administrative fee shall be incorporated in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Sherri Parks, Director Contracting & Procurement Services Department of Information Resources 300 West 15th Street, Suite 1300 Austin, Texas 78701 Phone: (512) 475-4700 Facsimile: (512) 475-4759 Email: sherri.parks@dir.state.tx.us If sent to the Vendor: Dilnar Menesse Business Security Solutions LLC 974 Campbell Road, Suite 100 Houston, TX 77024 Phone: (713) 827-7087 Facsimile: (713) 827-7087 Email: dilnar.menesse@biz-sec.com 7. Software License A. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer’s responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher." DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 5 of 10 8. Intellectual Property Matters A. Definitions 1.“ Work Product” means any and all deliverables produced by Vendor for Customer under a Statement of Work issued pursuant to this Contract, including any and all tangible or intangible items or things that have been or will be prepared, created, developed, invented or conceived at any time following the effective date of the Contract, including but not limited to any (i) works of authorship (such as manuals, instructions, printed material, graphics, artwork, images, illustrations, photographs, computer programs, computer software, scripts, object code, source code or other programming code, HTML code, flow charts, notes, outlines, lists, compilations, manuscripts, writings, pictorial materials, schematics, formulae, processes, algorithms, data, information, multimedia files, text web pages or web sites, other written or machine readable expression of such works fixed in any tangible m edia, and all other copyrightable works), (ii) trademarks, service marks, trade dress, trade names, logos, or other indicia of source or origin, (iii) ideas, designs, concepts, personality rights, methods, processes, techniques, apparatuses, inventions, formulas, discoveries, or improvements, including any patents, trade secrets and know-how, (iv) domain names, (v) any copies, and similar or derivative works to any of the foregoing, (vi) all documentation and materials related to any of the foregoing, (vii) all other goods, services or deliverables to be provided to Customer under the Contract or a Statement of Work, and (viii) all Intellectual Property Rights in any of the foregoing, and which are or were created, prepared, developed, invented or conceived for the use or benefit of Customer in connection with this Contract or a Statement of Work, or with funds appropriated by or for Customer or Customer’s benefit: (a) by any Vendor personnel or Customer personnel, or (b) any Customer personnel who then became personnel to Vendor or any of its affiliates or subcontractors, where, although creation or reduction-to-practice is completed while the person is affiliated with Vendor or its personnel, any portion of same was created, invented or conceived by such person while affiliated with Customer. 2. “Intellectual Property Rights” means the worldwide legal rights or interests evidenced by or embodied in: (i) any idea, design, concept, personality right, method, process, technique, apparatus, invention, discovery, or improvement, including any patents, trade secrets, and know-how; (ii) any work of authorship, including any copyrights, moral rights or neighboring rights; (iii) any trademark, service mark, trade dress, trade name, or other indicia of source or origin; (iv) domain name registrations; and (v) any other proprietary or similar rights. The Intellectual Property Rights of a party include all worldwide legal rights or interests that the party may have acquired by assignment or license with the right to grant sublicenses. 3. “Statement of Work” means a document signed b y Customer and Vendor describing a specific set of activities and/or deliverables, which may include Work Product and Intellectual Property Rights, that Vendor is to provide Customer, issued pursuant to the Contract. DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 6 of 10 4. “Third Party IP” means the Intellectual Property Rights of any third party not a party to this Contract, and which is not directly or indirectly providing any goods or services to Customer under this Contract. 5. “Vendor IP” shall mean all tangible or intangible items or things, including the Intellectual Property Rights therein, created or developed by Vendor (a) prior to providing any Services or Work Product to Customer and prior to receiving any documents, materials, information or funding from or on behalf of Customer relating to the Services or Work Product, or (b) after the Effective Date of the Contract if such tangible or intangible items or things were independently developed by Vendor outside Vendor’s provision of Services or Work Product for Customer hereunder and were not created, prepared, developed, invented or conceived by any Customer personnel who then became personnel to Vendor or any of its affiliates or subcontractors, where, although creation or reduction-to-practice is completed while the person is affiliated with Vendor or its personnel, any portion of same was created, invented or conceived by such person while affiliated with Customer. B. Ownership. As between Vendor and Customer, the Work Product and Intellectual Property Rights therein are and shall be owned exclusively by Customer, and not Vendor. Vendor specifically agrees that the Work Product shall be considered “works made for hire” and that the Work Product shall, upon creation, be owned exclusively by Customer. To the extent that the Work Product, under applicable law, may not be considered works made for hire, Vendor hereby agrees that the Contract effectively transfers, grants, conveys, assigns, and relinquishes exclusively to Customer all right, title and interest in and to all ownership rights in the Work Product, and all Intellectual Property Rights in the Work Product, without the necessity of any further consideration, and Customer shall be entitled to obtain and hold in its own name all Intellectual Property Rights in and to the Work Product. Vendor acknowledges that Vendor and Customer do not intend Vendor to be a joint author of the Work Product within the meaning of the Copyright Act of 1976. Customer shall have access, during normal business hours (Monday thru Friday, 8AM to 5PM) and upon reasonable prior notice to Vendor, to all Vendor materials, premises and computer files containing the Work Product. Vendor and Customer, as appropriate, will cooperate with one another and execute such other documents as may be reasonably appropriate to achieve the objectives herein. No license or other right is granted hereunder to any Third Party IP, except as may be incorporated in the Work Product by Vendor. C. Further Actions. Vendor, upon request and without further consideration, shall perform any acts that may be deemed reasonably necessary or desirable by Customer to evidence more fully the transfer of ownership and/or registration of all Intellectual Property Rights in all Work Product to Customer to the fullest extent possible, including but not limited to the execution, acknowledgement and delivery of such further documents in a form determined by Customer. In the event Customer shall be unable to obtain Vendor’s signature due to the dissolution of Vendor or Vendor’s unreasonable failure to respond to DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 7 of 10 Customer’s repeated requests for such signature on any document reasonably necessary for any purpose set forth in the foregoing sentence, Vendor hereby irrevocably designates and appoints Customer and its duly authorized officers and agents as Vendor’s agent and Vendor’s attorney-in-fact to act for and in Vendor’s behalf and stead to execute and file any such document and to do all other lawfully permitted acts to further any such purpose with the same force and effect as if executed and delivered by Vendor, provided however that no such grant of right to Customer is applicable if Vendor fails to execute any document due to a good faith dispute by Vendor with respect to such document. It is understood that such power is coupled with an interest and is therefore irrevocable. Customer shall have the full and sole power to prosecute such applications and to take all other action concerning the Work Product, and Vendor shall cooperate, at Customer’s sole expense, in the preparation and prosecution of all such applications and in any legal actions and proceedings concerning the Work Product. D. Waiver of Moral Rights. Vendor hereby irrevocably and forever waives, and agrees never to assert, any Moral Rights in or to the Work Product which Vendor may now have or which may accrue to Vendor’s benefit under U.S. or foreign copyright or other laws and any and all other residual rights and benefits which arise under any other applicable law now in force or hereafter enacted. Vendor acknowledges the receipt of equitable compensation for its assignment and waiver of such Moral Rights. The term “Moral Rights” shall mean any and all rights of paternity or integrity of the Work Product and the right to object to any modification, translation or use of the Work Product, and any similar rights existing under the judicial or statutory law of any country in the world or under any treaty, regardless of whether or not such right is denominated or referred to as a moral right. E. Confidentiality. All documents, information and materials forwarded to Vendor by Customer for use in and preparation of the Work Product, shall be deemed the confidential information of Customer, and subject to the license granted by Customer to Vendor under sub-paragraph H. hereunder, Vendor shall not use, disclose, or permit any person to use or obtain the Work Product, or any portion thereof, in any manner without the prior written approval of Customer. F. Injunctive Relief. The Contract is intended to protect Customer’s proprietary rights pertaining to the Work Product, and the Intellectual Property Rights therein, and any misuse of such rights would cause substantial and irreparable harm to Customer’s business. Therefore, Vendor acknowledges and stipulates that a court of competent jurisdiction may immediately enjoin any material breach of the intellectual property, use, and confidentiality provisions of this Contract, upon a request by Customer, without requiring proof of irreparable injury as same should be presumed. G. Return of Materials Pertaining to Work Product. Upon the request of Customer, but in any event upon termination or expiration of this Contract or a Statement of Work, Vendor shall surrender to Customer all documents and DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 8 of 10 things pertaining to the Work Product, including but not limited to drafts, memoranda, notes, records, drawings, manuals, computer software, reports, data, and all other documents or materials (and copies of same) generated or developed by Vendor or furnished by Customer to Vendor, including all materials embodying the Work Product, any Customer confidential information, or Intellectual Property Rights in such Work Product, regardless of whether complete or incomplete. This section is intended to apply to all Work Product as well as to all documents and things furnished to Vendor by Customer or by anyone else that pertains to the Work Product. H. Vendor License to Use. Customer hereby grants to Vendor a non-transferable, non-exclusive, royalty-free, fully paid-up license to use any Work Product solely as necessary to provide the Services to Customer. Except as provided in this Section, neither Vendor nor any Subco ntractor shall have the right to use the Work Product in connection with the provision of services to its other customers without the prior written consent of Customer, which consent may be withheld in Customer’s sole discretion. I. Third-Party Underlying and Derivative Works. To the extent that any Vendor IP or Third Party IP are embodied or reflected in the Work Product, or are necessary to provide the Services, Vendor hereby grants to the Customer, or shall obtain from the applicable third party for Customer’s benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for Customer’s internal business purposes only, to (i) use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Vendor IP or Third Party IP and any derivative works thereof embodied in or delivered to Customer in conjunction with the Work Product, and (ii) authorize others to do any or all of the foregoing. Vendor agrees to notify Customer on delivery of the Work Product or Services if such materials include any Third Party IP. On request, Vendor shall provide Customer with documentation indicating a third party’s written approval for Vendor to use any Third Party IP that may be embodied or reflected in the Work Product. J. Agreement with Subcontracts. Vendor agrees that it shall have written agreement(s) that are consistent with the provisions hereof related to Work Product and Intellectual Property Rights with any employees, agents, consultants, contractors or subcontractors providing Services or Work Product pursuant to the Contract, prior to their providing such Services or Work Product, and that it shall maintain such written agreements at all times during performance of this Contract, which are sufficient to support all performance and grants of rights by Vendor. Copies of such agreements shall be provided to the Customer promptly upon request. K. License to Customer. Vendor grants to Customer, a perpetual, irrevocable, royalty free license, solely for the Customer’s internal business purposes, to use, copy, modify, display, perform (by any means), transmit and prepare derivative works of any Vendor IP embodied in or delivered to Customer in conjunction with the Work Product. The foregoing license includes the right to sublicense third parties, solely for the purpose of engaging such third parties to DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 9 of 10 assist or carryout Customer’s internal business use of the Work Product. Except for the preceding license, all rights in Vendor IP remain in Vendor. L. Vendor Development Rights. To the extent not inconsistent with Customer’s rights in the Work Product or as set forth herein, nothing in this Contract shall preclude Vendor from developing for itself, or for others, materials which are competitive with those produced as a result of the Services provided hereunder, provided that no Work Product is utilized, and no Intellectual Property Rights of Customer therein are infringed by such competitive materials. To the extent that Vendor wishes to use the Work Product, or acquire licensed rights in certain Intellectual Property Rights of Customer therein in order to offer competitive goods or services to third parties, Vendor and Customer agree to negotiate in good faith regarding an appropriate license and royalty agreement to allow for such. 9. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. No exceptions. DIR Contract No. DIR-SDD-1502 Vendor Contract No. ________________ Page 10 of 10 This Contract is executed to be effective as of the date of last signature. Business Security Solutions LLC Authorized By: _Signature on File Name: ___Larry Dannemiller____ Title: ____President___________ Date: _____9/15/10____________ The State of Texas, acting by and through the Department of Information Resources Authorized By: _Signature on File_ Name: Cindy Reed______________ Title: Deputy Executive Director Operations & Statewide Technology Sourcing Date: ___9/16/10______________________ Legal: _mz 9/16/10 ______________ APPENDIX C - PRICING INDEX TO DIR-SDD-1502 Amendment #2 Accudata Systems, Inc. Manufacturer/Product Line/Product Category Customer Discount % off MSRP Hardware Bradford Networks 32.30% Cymphonix 23.75% Datacom 23.75% Maintenance Bradford Networks 4.75% Cymphonix 4.75% Datacom 4.75% Services Technical Services 4.75% Training 4.75% 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-474 Name:Annual Tire Retreading Services Status:Type:Presentation Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action and discussion regarding the approval of annual retreaded tire services from Strouhal Tire Recapping Plant, Inc. through the State of Texas (TxMAS) Tire Contract in the amount of $70,000.00. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:TXMAS Contract Summary - Retreading Services.pdf Action ByDate Action ResultVer. Presentation,possible action and discussion regarding the approval of annual retreaded tire services from Strouhal Tire Recapping Plant,Inc.through the State of Texas (TxMAS)Tire Contract in the amount of $70,000.00. Relationship to Strategic Goals:(Select all that apply) 1. Financially Sustainable City Recommendation(s):Staff recommends approval to purchase retread tire services from Strouhal Tire Recapping Plant,Inc.through the Texas Multiple Awards Schedule (TxMAS)Contract (#TxMAS- 11-23V070).The estimated annual expenditure of $70,000.00 is based on the average amount spent on retreading truck tires since June 2013 and the anticipated needs for existing vehicles and new vehicles being added to inventory this fiscal year. Summary:Strouhal Tire Recapping Plant,Inc.is the local (College Station and Bryan,TX)TXMAS contract dealer for retreading tire service.TXMAS contracts are developed from contracts that have been competitively bid and awarded by the federal government or any other governmental entity of any state.The contracts offer access to multiple vendors providing commodities and services at the most favored customer prices.Texas Government Code §2155.504,Use of Schedule by Government Entities,states that a State agency or local government may purchase goods or services directly from a vendor under a contract listed on a schedule developed under this subchapter.A purchase authorized by this section satisfies any requirement of State law relating to competitive bids or proposals.Contingent upon Council approval,a blanket purchase order will be issued for the term of June 13, 2014 through May 12, 2015. Budget &Financial Summary:Funds are available and budgeted in the Fleet Maintenance fund which is funded by all other departments. College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-474,Version:1 Reviewed and Approved by Legal:Yes. Attachments:Summary of TXMAS Contract #TXMAS-11-23V070 College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ STROUHAL TIRE RECAPPING PLANT, INC. - BRYAN Contract TXMAS-11-23V070-20 Dealer for: MICHELIN NORTH AMERICA, INC. On-Line Catalog/Order Processing TIRES Corporate Office: MICHELIN NORTH AMERICA, INC. ONE PARKWAY SOUTH GREENVILLE SC 29602-9001 USA Send PO to: STROUHAL TIRE PLANT, INC. 2708 WEST HWY. 21 BRYAN TX 77803 USA Vendor ID: 17417182312 Invoice From: STROUHAL TIRE RECAPPING PLANT, IN. 2708 WEST HWY. 21 BRYAN TX 77803 USA Vendor ID: Delivery: 30 DAYS ARO FOB Point: DESTINATION Terms: NET 30 DAYS Remit To: STROUHAL TIRE RECAPPING PLANT, INC. - BRYAN P O BOX 4918-6 HOUSTON TX 77210-4918 USA Vendor ID: Vendor ID: 17417182312 Business Type:Small DUNS #: 073011887 Effective: 7/16/2011 CONTACT: DON C. STROUHAL, SR. Phone 979-532-1579 dstrouhal@strouhaltire.com Page 1 of 1STROUHAL TIRE RECAPPING PLANT, INC. - BRYAN - TXMAS Contract TXMAS-... 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-475 Name:Notice for Certificate of Obligation Status:Type:Presentation Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action and discussion to approve a resolution by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2014; and providing an effective date. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:COCS 2014 CO Debt Issue 5-21-14.pdf Notice Resolution Action ByDate Action ResultVer. Presentation, possible action and discussion to approve a resolution by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2014; and providing an effective date. Relationship to Strategic Goals:Financially Sustainable City Recommendation(s): Council approves the attached resolution directing publication of notice of the intention to issue certificates of obligation. Summary: The City Council is authorized to approve the issuance of certificates of obligation (COs) after approving a resolution directing notices to be published of the intent to issue the COs. The City of College Station typically issues debt to fund various capital projects identified and approved as a part of the annual budget. Certificates of Obligation (COs) are based on the full faith and credit of the City and are paid primarily through the debt service portion of the ad valorem tax rate. Certificates of Obligation normally include at least one additional revenue stream besides the debt service portion of the tax rate such as utility revenues. The City's policy for issuing Certificates of Obligation allows more flexibility in their issue than General Obligation Bonds, which are authorized by the voters, particularly when other revenues are anticipated to assist in debt service. The City's Financial Advisor recommended that the City issue Certificate of Obligations for utility projects instead of Utility Revenue Bonds (URBs). The Utility systems will cover their associated portion of debt service through utility revenues. The Certificates issued will be used to fund street, information technology, electric, water and College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-475,Version:1 wastewater projects, and pay debt issuance costs. The maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold is $40,500,000. At the July 24th meeting, the City Council will consider approval of the sale parameters for the General Obligation and Refunding Bonds, appoint a Paying Agent/Registrar, appoint Underwriters, adopt Bond Ordinances and authorized the preparation of the Official Statements for the General Obligation and Refunding Bonds and the Certificates of Obligations. If the ordinances are approved, the City Council will be delegating to the City Manager the authority to execute the bond sale and refunding. Budget & Financial Summary: Staff reviewed the impact of the Certificates on the City's ability to meet debt service requirements and the effect they may have on the ad valorem tax rate. The recommendation to move forward with this issue will not impact the ad valorem tax rate. The impact on the utility rates will be reviewed as part of the financial forecast and FY15 budget. Attachments: 1. Resolution by the City Council of the City of College Station directing publication of notice of intention to issue Certificates of Obligation. 2. List of Projects College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 2014 Draft Debt Issue Gen'l Gov't Certificates of Obligation Streets Proposed 300,000 Design of U-Turns @ Univ and SH6 ST1305 20 Yrs 2,050,000 RPR E Rehab BP to Stonebrook ST1301 10 Yrs 1,980,000 Rock Prairie Rd W Widening ST1304 20 Yrs 2,000,000 Luther Street Rehab ST1401 20 Yrs 410,000 Graham Rd Rehab ST1421 20 Yrs 200,000 Francis Dr Rehab Ph I ST1419 20 Yrs Streets Total 6,940,000$ General Government 3,325,000 ERP System Replacement CO1204 10 Yrs 240,000 Electronic Storage System CO1305 5 Yrs 1,540,000 CAD/RMS Replacement CO1301 10 Yrs General Gov't Total 5,105,000$ Governmental CO Subtotal 12,045,000$ Utility Certificates of Obligation Proposed 2,650,000 Overhead System Improvements 20 Yrs 2,100,000 Underground System Improvements 20 Yrs 1,700,000 New Services and System Ext 20 Yrs 2,300,000 Transmission & Distribution 20 Yrs Electric Projects 8,750,000$ 20 Yrs 3,300,000 Cooling Tower Expansion 20 Yrs 1,000,000 SPPS Chemical System Replacement 20 Yrs 300,000 Eastgate Rehab 20 Yrs 250,000 Wellfield Collection System Loop 20 Yrs 1,000,000 Area 2 Water Line Extension 20 Yrs 450,000 Cooner Water Line Rehabilitation 20 Yrs 200,000 Luther Water Line Rehabilitation 20 Yrs Water Projects 6,500,000$ 300,000 Eastgate Rehab 20 Yrs 6,850,000 Bee Creek Parallel Trunkline 20 Yrs 1,110,000 Carters Creek Centrifuge Improvements 20 Yrs 750,000 Lick Creek Generator Replacement 20 Yrs 340,000 Graham Road Wastewater Line Rehabilitation 20 Yrs 1,000,000 Royder/Live Oak Wastewater Extension 20 Yrs 1,050,000 Cooner Wastewater Line Rehabilitation 20 Yrs Wastewater Projects 11,400,000$ Utility CO Subtotal 26,650,000$ Estimated Debt Issuance Costs 300,000$ Certificates of Obligation Total 38,995,000$ 5/22/2014 8:51 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF BRAZOS CITY OF COLLEGE STATION We, the undersigned officers of the City of College Station, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in a regular meeting on June 12, 2014 at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to wit: Nancy Berry, Mayor Karl Mooney, Mayor Pro Tem Blanche Brick, Councilmember Steve Aldrich, Councilmember John Nichols, Councilmember James Benham, Councilmember Julie M. Schultz, Councilmember and all of said persons were present, except the following absentees: _____________________, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2014; AND PROVIDING AN EFFECTIVE DATE. was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution; and, after due discussion, said motion prevailed and carried by the following vote: AYES: NOES: __ City of College Station Resolution Directing Publication of Notice of Intention to Issue Certificates of Obligation, Series 2014 2. That a true, full and correct copy of the aforesaid Resolution described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council 's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council 's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED ON JUNE 12, 2014. ________________________________ Sherry Mashburn City Secretary ________________________________ Nancy Berry Mayor (City Seal) RESOLUTION NO. ___________ A RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2014; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of College Station (the "City") expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described in "Exhibit A" to this Resolution prior to the issuance of the Certificates of Obligation hereinafter described; and WHEREAS, the City Council hereby finds, considers and declares that the reimbursement of the payment by the City of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the U.S. Treasury Regulations, to reimburse itself for such payments at such time as it issues the hereinafter described Certificates of Obligation; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That attached hereto and marked "Exhibit A" is a form of notice, the form and substance of which are hereby passed and approved. Section 2. That the City Secretary shall cause said notice to be published, in the form attached hereto, in the "Bryan-College Station Eagle", a newspaper of general circulation in the City, for two consecutive weeks, the date of the first publication to be before the 30th day before the day tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in said notice. Section 3. That the facilities and improvements to be financed with proceeds from the proposed Certificates of Obligation are to be used for the purposes described in "Exhibit A" hereto. Section 4. That all costs to be reimbursed pursuant to this Resolution will be capital expenditures; the proposed Certificates of Obligation shall be issued within 18 months of the later of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service; and the foregoing notwithstanding, the Certificates of Obligation will not be issued pursuant to this Resolution on a date that is more than three years after the date any expenditure which is to be reimbursed is paid. Section 5. That this Resolution shall be effective immediately upon passage and adoption. Resolution No. ___________ Directing Publication of Notice of Intention to Issue Certificates of Obligation, Series 2014 PASSED AND APPROVED ON JUNE 12, 2014. ____________________________________ Nancy Berry, Mayor ATTEST: ____________________________________ Sherry Mashburn, City Secretary (City Seal) APPROVED: _____________________________________ McCall, Parkhurst & Horton L.L.P., Bond Counsel EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of College Station, Texas, to issue one or more series of the interest bearing certificates of obligation of the City to be entitled "City of College Station, Texas Certificates of Obligation", for the purpose of paying contractual obligations to be incurred by the City, to-wit: street improvements; information technology equipment; construction of improvements and extensions to the City's combined waterworks, sewer and electric systems including distribution, transmission and system lines and acquisition of interests in land; and the payment of fiscal, engineering and legal fees incurred in connection therewith. The City Council tentatively proposes to authorize the issuance of one or more series of Certificates of Obligation at its regular meeting place in the City Hall at a meeting to commence at 7 o'clock, p.m., on July 24, 2014. The ordinances may authorize an authorized officer of the City to effect the sale and delivery of the Certificates of Obligation on a date or dates subsequent to the adoption of the ordinance. The maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold on said date for such purposes described above is $38,995,000. The City Council presently proposes to provide for payment of the Certificates of Obligation from the levy of ad valorem taxes and from a limited surplus revenue pledge (not to exceed $1,000) derived from the operation of the City's waterworks, sewer and electric systems. CITY OF COLLEGE STATION, TEXAS 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-476 Name:Resolution for Royder-Live Oak Sewer Extension Status:Type:Presentation Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the Royder Road/Live Oak Sewer Extension project. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:DRR Royder Live Oak Sewer 061214.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the Royder Road/Live Oak Sewer Extension project. Relationship to Strategic Goals: 1.Financially Sustainable City 2.Core Services and Infrastructure Recommendation:Staff recommends approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt. Summary:On February 27,2014,Council approved a construction contract with Kieschnick General Contractors, Inc., for the Royder - Live Oak Sewer Extension. It is anticipated that long term debt will be issued for this project.On projects for which the expenditures will occur prior to the debt issue,a resolution declaring intention to reimburse certain expenditures with proceeds from debt must be adopted within 60 days of expenditure on the project. Budget & Financial Summary:The “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this item because the long term debt has not been issued for the project. This debt is scheduled to be issued later this fiscal year. Reviewed and Approved by Legal:Yes. College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-476,Version:1 Attachment: 1.Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-477 Name:Professional Audit Services Status:Type:Presentation Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding a Letter Agreement between the City of College Station and Ingram, Wallis & Co., P.C. in the amount of $95,000.00 for the purposes of Professional Auditing Services for the fiscal year ending on September 30, 2014. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Ingram Wallis Letter Agreement.pdf Action ByDate Action ResultVer. Presentation,possible action,and discussion regarding a Letter Agreement between the City of College Station and Ingram,Wallis &Co.,P.C.in the amount of $95,000.00 for the purposes of Professional Auditing Services for the fiscal year ending on September 30, 2014. Relationship to Strategic Goals:Financially Sustainable City Recommendation(s):Staff recommends approval of the Agreement with Ingram,Wallis &Co.for the fiscal year ending September 30, 2014. Summary:The audit services performed will be in accordance with generally accepted auditing standards,the standards set forth for financial audits in the General Accounting Office's (GAO) Government Auditing Standards (2007),the provisions of the federal Single Audit Act of 1984 (as amended in 1996),and the provisions of the U.S.Office of Management and budget (OMB)Circular A-133,Audits of States, Local Governments, and Non-Profit Organizations. The Audit Committee recommended that staff engage Ingram,Wallis &Co.for the next fiscal year ending September 30, 2014. The fees did not change from fiscal year 2013. Budget &Financial Summary:Funds are available and budgeted in the General Fund,and in the Community Development Budget Reviewed and Approved by Legal:Yes Attachments:Signed Letter Agreement College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-477,Version:1 College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-479 Name: Status:Type:Agreement Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action and discussion on an ILA with the Texas A&M University System to partner in funding a follow-up study to evaluate and improve game day operations pre- and postgame. The City’s portion of the project cost is $35,000. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action and discussion on an ILA with the Texas A&M University System to partner in funding a follow-up study to evaluate and improve game day operations pre- and postgame. The City’s portion of the project cost is $35,000. ··Core Services and Infrastructure ··Improving Mobility Recommendation(s): Staff recommends approval of the interlocal agreement. Summary: The Texas A&M University System, in partnership with the City of College Station, City of Bryan, Texas A&M Transportation Institute, 12th Man Foundation and the BCS CVB has developed a study scope of work to improve Aggie football gameday travel and attendee experience. The Texas A&M Transportation Institute will work with agency and community stakeholders to develop an implementable plan for the 2014 football season, monitor and evaluate the plan during the 2014 season, and develop recommendations for the following seasons. It includes the development of expectations and performance goals as well as the facilities, operations and communications to move traffic and pedestrians. This project is a follow-up to the work currently being completed for the City of College Station’s Game Day Traffic Study by Freese and Nichols and will utilize some the data and analyses included in the Freese and Nichols’ study. Deliverables for this project include a Traffic Management Plan and an Implementation Plan as well as providing an evaluation and assessment of these plans. The Texas A&M University System has contracted with Texas A&M Transportation Institute for $200,000 to complete the project. The remaining partners will contract individually with the System to fund a percentage of their respective costs below: College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-479,Version:1 Texas A&M Transportation $35,000 Texas A&M University System $35,000 City of Bryan $35,000 12th Man Foundation $35,000 City of College Station $35,000 B/CS CVB $25,000 Budget & Financial Summary: A contingency transfer of $35,000 was made on March 27, 2014, into the Traffic Engineering budget for this study. Attachments: 1.ILA on file in the City Secretary’s Office College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-480 Name:Implementation of an All-Way Stop at Church Avenue and Tauber Street Status:Type:Ordinance Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II - “Four-Way Stop Intersections”, of the Code of Ordinances of the City of College Station, Texas, by implementing an all-way stop control intersection at the intersection of Church Avenue and Tauber Street. Sponsors:Donald Harmon Indexes: Code sections: Attachments:4-Way Stop Sign Ord - Map Church @ Tauber.pdf 4-Way Stop Sign Ord - Church @ Tauber.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on the consideration of an ordinance amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II - “Four-Way Stop Intersections”, of the Code of Ordinances of the City of College Station, Texas, by implementing an all-way stop control intersection at the intersection of Church Avenue and Tauber Street. ··Core Services and Infrastructure ··Improving Mobility Recommendation(s): Staff recommends approval of the ordinance. Summary:To improve safety,pedestrian mobility,and bicycle mobility,an all-way stop is warranted at the intersection of Church Avenue and Tauber Street.An all-way stop at this intersection would reduce driver confusion,reduce driver delay along Tauber,and improve pedestrian and bicycle mobility within the area while having minimal effect on motor vehicle mobility along Church Avenue. Confusion at this intersection is resulting in drivers along Church Avenue assuming it is an all-way stop intersection when it is not,and automobile volumes have increased to the point where drivers on Tauber Street are currently experiencing 30 seconds of delay in the PM peak period (Level of Service D for the Tauber Street approaches).Using data that was collected in April 2014,an analysis of the intersection operation with the vehicle data indicates that changing the control of the intersection from two-way stop controlled to all-way stop controlled does not reduce the over-all intersection level of service.Additionally,this intersection is heavily traveled by pedestrian and bicycle users,City of College Station employees observed 145 pedestrian and 48 bicycle crossings during the noon peakCollege Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-480,Version:1 College Station employees observed 145 pedestrian and 48 bicycle crossings during the noon peak hour and 113 pedestrian and 47 bicycle crossings during the evening peak hour. This ordinance allows for the implementation and enforcement of an all-way stop at this intersection to improve safety, pedestrian mobility, and bicycle mobility. Budget &Financial Summary:The installation of the Stop signs and Stop Bars is covered in the traffic operations budget. Attachments: 1.Ordinance College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ Church Avenue and Tauber StreetAll-way Stop Controlled Intersection ± !"$ ORDINANCE NO. __________________ AN ORDINANCE AMENDING CHAPTER 10, “TRAFFIC CODE”, SECTION 2 “TRAFFIC CONTROL DEVICES”, C “FOUR-WAY STOP INTERSECTIONS”, TRAFFIC SCHEDULE II – “FOUR-WAY STOP INTERSECTIONS”, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, 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 amending Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II – “Four-Way Stop Intersections”, of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not less than Twenty-Five Dollars ($25.00) or more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. Four-Way Stop Sign Ordinance 2 PASSED, ADOPTED and APPROVED this ______ day of _______________, 2014. APPROVED: ____________________________________ Mayor ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney EXHIBIT “A” That Chapter 10, “Traffic Code”, Section 2 “Traffic Control Devices”, C “Four-Way Stop Intersections”, Traffic Schedule II – “Four-Way Stop Intersections” is amended to include the following: Church Avenue at Tauber Street 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-481 Name:Conference Center Deed Status:Type:Agreement Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action and discussion regarding the approval of a Deed without Warranty that will convey an 20' wide (0.195 acres) strip of land located along George Bush Drive to the College Station Independent School District. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Map - Conf Center.pdf Deed - Conf Center.pdf Action ByDate Action ResultVer. Presentation,possible action and discussion regarding the approval of a Deed without Warranty that will convey an 20'wide (0.195 acres)strip of land located along George Bush Drive to the College Station Independent School District. ··Financially Sustainable City ··Core Services and Infrastructure Recommendation(s):Staff recommends Council to authorize the Mayor to sign the Deed without Warranty, which will affect the conveyance of land to College Station Independent School District. Summary:City Council approved the conveyance of the 2.127 acre Conference Center property to College Station Independent School District at its meeting on January 23,2014 (Workshop Item No. 6).The conveyance being considered today will clear up an outstanding parcel of land that could not be conveyed by Special Warranty Deed. Budget &Financial Summary:The value of the parcel was included with the original transaction and as a result, there will be no revenue associated with the conveyance. Attachments: 1. Map 2. Deed College Station, TX Printed on 6/6/2014Page 1 of 1 powered by Legistar™ 20' wide strip of land GEORGE BUSH DRIVEHOLIK STREET TIMBER STREET College Station Conference Center 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-482 Name:Renewal of Annual Price Agreement for Crushed Stone for City Streets Status:Type:Agreement Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action and discussion regarding the first renewal of the annual price agreement for the Purchase of Crushed Stone for City Streets with Superior Crushed Stone, LC for an amount not to exceed $462,000.00. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Renewal Bid 13-072 - 4-22-14.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion regarding the first renewal of the annual price agreement for the Purchase of Crushed Stone for City Streets with Superior Crushed Stone, LC for an amount not to exceed $462,000.00. ··Core Services and Infrastructure Recommendation(s): Staff recommends the first renewal of the annual price agreement for the purchase of crushed stone with Superior Crushed Stone, LC in an amount not to exceed $462,000.00. Summary: One June 3, 2013 the City received six (6) sealed competitive bids in response to Invitation to Bid #13-072. Council approved the award to Superior Crushed Stone, LC with an amount not to exceed $462,000.00 on June 27, 2013, Item 2i. This renewal will be the first of two possible one year extensions. The line item pricing is as follows: Crushed Stone, Type A, Grade 2 $20.50/ton Crushed Limestone, 1”-3”$24.50/ton Rip Rap $27.50/ton These items will be ordered as needed for street maintenance projects throughout the year. Budget & Financial Summary: Funds are budgeted and available in the Street Maintenance Fund. Attachments: College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-482,Version:1 1. Renewal letter for Bid 13-072 College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-483 Name:Eisenhower Street Extension Status:Type:Contract Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion on a Professional Services Contract with Binkley and Barfield, Inc., in the amount of $130,705, for the design, bidding, and construction phase services associated with the Eisenhower Street Extension Project. Sponsors:Donald Harmon Indexes: Code sections: Attachments:Eisenhower Extension (8 5x11).pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a Professional Services Contract with Binkley and Barfield, Inc., in the amount of $130,705, for the design, bidding, and construction phase services associated with the Eisenhower Street Extension Project. ··Core Services and Infrastructure Recommendation(s): Staff recommends approval of the professional services contract. Summary: The scope of this contract is for the design, bidding, and construction phase services for an extension of Eisenhower Street from Ash Street to Lincoln Avenue as a 2-lane major collector. This street is on the Thoroughfare Plan and was identified as a project as part of the Eastgate Neighborhood Plan. It is also located within an area designated for Redevelopment on the Comprehensive Plan. Budget & Financial Summary: The total project budget is $939,331 in the Streets Capital Improvement fund. Funds in the amount of $2,074 have been expended or committed to date, leaving a balance of $937,257 for design and construction. The contract is on file in the City Secretary's Office Attachments: 1. Project Location Map College Station, TX Printed on 6/6/2014Page 1 of 1 powered by Legistar™ AVENUE A NIMITZ STREET LINCOLN AVENUEEISENHOWER STREET ASH STREET¯ Project Location Map - Eisenhower Street Extension 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-484 Name:Award of Contracts for City Wide Land Surveying Services and Civil Engineering Services Joe Orr and Binkley Barfield Contracts Status:Type:Contract Consent Agenda File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding the cancellation of blanket purchase order #140005 with Joe Orr, Inc. and the approval of two contracts between the City of College Station and Joe Orr, Inc and Binkley & Barfield, Inc. for a total amount of $100,000. Sponsors:Donald Harmon Indexes: Code sections: Attachments:14-295 Joe Orr Inc .pdf 14-296 Binkley Barfield.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding the cancellation of blanket purchase order #140005 with Joe Orr, Inc. and the approval of two contracts between the City of College Station and Joe Orr, Inc and Binkley & Barfield, Inc. for a total amount of $100,000. ··Core Services and Infrastructure Recommendation(s): Staff recommends the cancellation of blanket purchase order 140005 with Joe Orr, Inc. and the approval of two contracts between the City of College Station and Joe Orr, Inc. in the amount of $80,000 and Binkley & Barfield, Inc. in the amount of $20,000, for a total amount of $100,000.00. Summary:The City currently has a blanket purchase order with Joe Orr,Inc.for City Wide Land Surveying Services,Civil Engineering Services with a not to exceed amount of $100,000.00.This blanket purchase order was approved by Council as part of the Annual Exemptions on September 26, 2013, Item 2m. Joe Orr,Inc.approached the City in February 2014 to inform the City that Joe Orr,Inc.was going to be joining with the firm Binkley &Barfield,Inc.and that there would be a structural reorganization and delegation of duties.Joe Orr,Inc.would be performing the Land Surveying Services,and Binkley & Barfield would be performing the Civil Engineering Services.Although both firms would be part of the same umbrella company, they will be billing their services separately. Staff evaluated these changes, and decided to award two separate contracts, one to each firm with a total contract amount equal to the previously awarded $100,000.00. After consulting with the firms, it College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-484,Version:1 was decided to award Joe Orr, Inc. $80,000.00, and Binkley & Barfield would be awarded the remaining $20,000.00. Both City Staff and the firms are comfortable with these contracts. The contracts will be for a one year term, with two possible one year renewals. Budget &Financial Summary:Funds will be available in each department's budget and will be paid as services are requested. Attachments: 1. Contract 14-296, Joe Orr, Inc. 2. Contract 14-295, Binkley & Barfield, Inc. College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ MASTER AGREEMENT PROFESSIONAL LAND SURVERYING SERVICES This Master Agreement is by and between the City of College Station, a Texas Municipal Home-Rule Corporation (the “City”) and Joe Orr, Inc., a Baseline Corporation, Co., a Texas Corporation (the “Contractor”), whereby Contractor agrees to perform professional land surveying services in accordance with the terms and conditions herein. ARTICLE I 1.01 This Master Agreement is for Professional Land Surveying Services described more fully by the scope detailed in Exhibit “A” and shall utilize the hourly rate schedule as detailed in Exhibit “B”. The project specific details of the work to be provided to the City by Contractor shall be set forth in a Service Order, a form of which is attached as Exhibit “C” to this Agreement and incorporated as though fully set forth herein by reference. Contractor agrees to perform or cause the performance of all the work described in each Service Order. Each Service Order shall expressly reference this Agreement and be executed by both parties. The City Manager or his designee is authorized to sign the Service Orders on behalf of the City. 1.02 Each Service Order shall identify a project manager for each party with respect to the Services set forth therein. Each Service Order shall identify the unique scope and details for each project including location, schedules, and a not-to-exceed amount for fees and expenses. 1.03 Contractor agrees to perform the work described in each Service Order and the City agrees to pay Contractor fees set forth and defined in the applicable Service Order for the services performed by Contractor. The invoices shall be submitted to the City following the 15th day and the last day of each month. The payment terms are net payable within thirty (30) calendar days of the City’s receipt of the invoice. Upon termination of this Agreement, payments under this paragraph shall cease, provided, however, that Contractor shall be entitled to payments for work performed in accordance with this Agreement and any Service Order before the date of termination and for which Contractor has not yet been paid. 1.04 The total amount of payment, including reimbursements, by the City to Contractor for all approved Service Orders to be performed under this Contract may not, under any circumstances, exceed Eighty Thousand Dollars and no/100 ($80,000.00) annually. There is no minimum amount to be paid by the City to the Contractor under this Contract. 1.05 The City may from time to time request changes in the scope and focus of the activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this Contract, provided, however, that any such change that in the opinion of Contractor, the City Manager, or the City’s Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Contractor and the City’s Project Manager. Contract No. 14-295 CRC 4/14/2014 Page 1 1.06 Written change orders may be approved by the City Manager or his delegate provided that the change order does not increase the amount set forth in paragraph 1.04 of this Agreement by more than five percent (5%). Changes in excess of this amount must be approved by the City Council prior to commencement of the services or work. Any request by the Contractor for an increase in the amount set forth in paragraph 1.04 shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. 1.07 The term of this Contract is as indicated below: Except as provided in Article VI hereinbelow, the term of this Contract shall be for one (1) year from the effective date of this Contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to two (2) additional years (three (3) years total). If, for any reason, funds are not appropriated to continue the contract, the contract shall become null and void and shall terminate. 1.08 Time is of the essence of this Contract. The Contractor shall be prepared to provide the professional services in the most expedient and efficient manner possible in order to complete the work by the times specified. 1.09 Contractor promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Contractor agrees to perform any and all Project-related tasks reasonably required of it by the City in order to fulfill the purposes of the work to be performed. The work of Contractor under this Contract may be authorized by the Project Manager in various phases as set forth in Exhibit “C”. 1.10 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the work on the Project. The Contractor shall have ultimate control over the execution of the work under this Contract. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Contract. Contractor shall be liable for any misrepresentations. Any negotiations by the Contractor on the City’s behalf are binding on the City only when within the scope of work contained herein and approved by the City. Contract No. 14-295 CRC 4/14/2014 Page 2 ARTICLE II 2.01 In developing each Service Order, Contractor shall meet (in person or via phone or e-mail) with the City for the purpose of determining the nature of the project, including but not limited to the following: meeting with the City’s staff to coordinate project goals, schedules, and deadlines; coordinating data collection; briefing the City’s management staff; documenting study assumptions and methodologies; devising the format for any interim reports and the final report to the City. 2.02 The City shall direct Contractor to commence work on each project by sending Contractor a fully executed Service Order to begin work on each project. 2.03 Contractor shall consult with the City and may, in some limited circumstances, act as the City’s representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Contractor shall be an independent contractor at all times and is not to be considered either an agent or an employee of the City. ARTICLE III 3.01 As an experienced and qualified professional, Contractor warrants that the information provided by Contractor reflects high professional and industry standards, procedures, and performances. Contractor warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, the fitness and operation of its recommendations, and the performance of other services under this Contract, pursuant to a high standard of performance in the profession. Contractor warrants that it will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval or acceptance by the City of any of Contractor’s work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Contractor, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Contractor’s responsibilities under this Contract. Nor shall the City’s approval or acceptance be deemed to be the assumption of responsibility by the City for any defect or error in the project’s work products prepared by Contractor, its employees, associates, agents, or subcontractors. 3.02 Contractor shall keep the City informed of the progress of the work by providing, at the least, monthly updates as to the status of the service being completed and shall guard against any defects or deficiencies in its work. 3.03 Contractor shall be responsible for using due diligence to correct errors, deficiencies or unacceptable work product. Contractor shall, at no cost to the City, remedy any errors, deficiencies or any work product found unacceptable, in the City’s sole discretion, as soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said errors, deficiencies or unacceptable work product. Contract No. 14-295 CRC 4/14/2014 Page 3 3.04 Contractor’s work product shall be the exclusive property of the City. Upon completion or termination of this Contract, and upon the City’s request, Contractor shall promptly deliver to the City copies of all records, notes, data, memorandum, models, and equipment of any nature that are within Contractor’s possession or control and that are the City’s property or relate to the City or its business. ARTICLE IV 4.01 Indemnity. The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents (separately and collectively referred to in this paragraph as “Indemnitee”), from and against any and all claims, losses, damages, causes of action, suits, judgments, settlements made by Indemnitee, and liability of every kind, including all expenses of litigation, court costs, attorney's fees, and other reasonable costs for damage to or loss of use of any property, for injuries to, or sickness or death of any person, including but not limited to Contractor, any of its subcontractors of any tier, or of any employee or invitee of Contractor or of any such subcontractors, that is caused by, arises out of, related to, or in connection with, the negligence of and/or negligent performance of this Contract by Contractor or by any such subcontractors of any tier, under this Contract. 4.02 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 4.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 4.03 Release. The Contractor releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Contractor or its employees and any loss of or damage to any property of the Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Contractor's work to be performed hereunder. Both the City and the Contractor expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Contractor or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Contractor, or any third party. Contract No. 14-295 CRC 4/14/2014 Page 4 ARTICLE V Insurance 5.00 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on Exhibit “D”. ARTICLE VI 6.01 At any time, the City may terminate the Agreement and/or each Service Order for convenience, in writing. At such time, the City shall notify Contractor, in writing, who shall cease work immediately. Contractor shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Contractor for the services performed and expenses incurred prior to the date of termination. 6.02 No term or provision of this Contract shall be construed to relieve the Contractor of liability to the City for damages sustained by the City or because of any breach of contract by the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until the exact amount of damages due the City from the Contractor is determined and paid. ARTICLE VII 7.01 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. 7.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City: City of College Station P.O. Box 9960 College Station, Texas 77842 Contractor: Joe Orr, Inc., a Baseline Corporation Co. P. O. Box 11979 College Station, TX 77842 Phone: 979-693-2777 TBPLS Firm No.10054400 www.baselinesurveyors.net Contract No. 14-295 CRC 4/14/2014 Page 5 7.03. Contractor shall perform all the work hereunder. Contractor agrees that all of its employees who work on each project shall be fully qualified and competent to do the work described hereunder. Contractor shall undertake the work and complete it in a timely manner. Contractor will not employ subcontractors in order to fulfill the obligations under this Contract without the prior written consent of the City. 7.04 The Contractor shall 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 unauthorized alien. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 7.05 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 7.06 This Contract and all rights and obligations contained herein may not be assigned by Contractor without the prior written approval of the City. 7.07 If any provision of this Contract 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 Contract 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. 7.08 This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 7.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 7.10 This Contract will be effective when signed by the last party whose signing makes the Contract fully executed, unless otherwise noted in Section 1.07 of Article I. Contract No. 14-295 CRC 4/14/2014 Page 6 -------- -------- JOE ORR, INC. A BASELINE CORPORATION ~/J _ ///7 B y: //:~/2 Printed Name: nry P Mayo , RPLS Title: Vice President Date: March 24 , 2014 Contrac t No. 14 -295 e RC 411412014 CITY OF COLLEGE STATION B y:______________ City Manager Date:_________ APPROVED: City Attorne y Date: Assistant City Manager / CFO Date: Page 7 Exhibit A SCOPE OF SERVICES The following shall apply to all types of work performed: Surveyor Qualifications All surveying must be completed under the supervision of a Registered Professional Land Surveyor and must conform to industry standards and applicable laws, including the Professional Land Surveying Act and the most current American Land Title Association minimum standard detail requirements. All deliverables shall be signed, sealed and dated by an RPLS. Coordinate System All projects must tie to the State Plane Coordinate system, which is currently the North American Datum of 1983 (NAD83) CORS, as well as the College Station, Bryan or Brazos County monuments. Right of Entry from Property Owners Contractor shall obtain permission from landowners before entry. Written permission is preferred and upon request, College Station shall provide a standard “Right of Entry” form. In the event that written approval is not secured, then verbal permission is acceptable. In the event that entry is denied, it is suggested that the Contractor perform work from adjoining tracts and/or right-of-way. If the Contractor still needs to enter the property, then surveyor shall advise Project Manager, who will request Land Agent to obtain entry through negotiations with landowner and/or Land Agent will coordinate conference with Legal to obtain entry through court order. Client Provided Services The Project Manager shall provide Contractor current title report(s) and documents referenced therein if necessary for completion of the survey work. Additional Services Additional services not included in a Service Order may be completed on a "Time and Materials" basis in accordance with a Rate Schedule to be provided by the Contractor or an agreed lump sum fee with prior written approval from the Project Manager. Contract No. 14-295 CRC 4/14/2014 Page 8 The scope of services to be performed by the Contractor may include, but are not limited to the following: Platting or Re-platting Deliverables Electronic .pdf file(s) of the survey plat(s) Printed - Three sets of printed original documents Boundary Surveying Easements and Utilities to be Depicted Survey plat shall depict the location of all existing easements and encumbrances, including those easements referenced on Schedule B of the provided title work Improvements to be Depicted Survey plat shall depict all improvements, buildings, fences, etc. Survey plat shall depict all driveways, streets, alleys, highways, etc. Survey plat shall depict in detail all improvements to be bisected by the right of way line or to be located within 50 feet of the ROW line. Deliverables Electronic .pdf file(s) of the survey plat(s) and metes and bounds description(s), if applicable Printed - Three sets of printed original documents Right-of-Way Surveying Conflicting Easements and Utilities to be Depicted Parcel plat(s) shall depict the location of all existing easements and encumbrances within or crossing the proposed ROW or easement, including those easements referenced on Schedule B of the provided title work. A note on the parcel plat shall state which easements do not cross or conflict with the proposed ROW or easement. Blanket type easements shall be noted on the map and shall describe whether utilities or facilities are located within the part to be acquired. Parcel plat(s) shall depict location of all above ground utility facilities, including poles, guy wires, vent pipes, etc. Improvements to be Depicted Parcel plat(s) shall depict all improvements, buildings, fences, etc. Parcel plat(s) shall depict all driveways, streets, alleys, highways, etc. Parcel plat(s) shall depict in detail all improvements to be bisected by the ROW line or to be located within 50 feet of the ROW line Headings for Field Notes and Parcel Plats Refrain from placing the following text on the headings: Contract No. 14-295 CRC 4/14/2014 Page 9 o “Exhibit A” or “Exhibit B” – often Exhibit B becomes Exhibit A and vice versa o “ROW Dedication” – often ROW is purchased, not dedicated o “Water Line Easement” or “Sanitary Sewer Easement” – use “Public Utility Easement” unless otherwise directed Deliverables Electronic .pdf file(s) of the survey plat(s) and metes and bounds description(s), if applicable Printed - Three sets of printed original documents o ROW Map – 11” x 17” (paper) o Field Notes – 8 ½” x 11” o Parcel Plat – Best fit – 11” x 17”, 8 ½” x 14” or 8 ½” x 11” Please ensure legible text (no less than 10 point font) Contract No. 14-295 CRC 4/14/2014 Page 10 Exhibit B HOURLY RATE SCHEDULE Contract No. 14-295 CRC 4/14/2014 Page 11 Joe Orr, Inc. A Baseline Corporation Co. ● 3452 Rock Prairie Rd. W, College Station, TX 77845 ● Tel: 979.693.2777 TBPLS Firm No. 10054400 ● www.baselinesurveyors.net 2014 HOURLY RATE SCHEDULE FIELD PERSONNEL: 1 - Member Survey Crew (GPS/RTK) $100.00 per hour 2 - Member Survey Crew $135.00 per hour 3 - Member Survey Crew $170.00 per hour OFFICE PERSONNEL: Principal (PE and/or RPLS) $180.00 per hour Project Manager (RPLS) $135.00 per hour Project Surveyor (RPLS) $115.00 per hour Sr. Survey Technician $100.00 per hour Survey Technician $90.00 per hour CADD Technician $85.00 per hour Administrative Assistant $65.00 per hour OTHER DIRECT / INDIRECT EXPENSES Mileage Current Federal Rate Terrestrial Laser Scanner $80.00 per hour Boat with motor $160.00 per day Professional Abstractor/Deeds, Plats at cost plus 10% Outside Copies/Mailing/Deliveries/Materials at cost plus 10% Overnight Lodging (per night) $90.00 per person Meals (Overnight Stay only, per day) $35.00 per person Field personnel rates include standard materials such as stakes, iron rods, flagging and paint. Mileage is not charged for Survey Field Crews unless specifically specified. Cost for Lodging is subject to change depending on the geographic location of the work. Contract No. 14-295 CRC 4/14/2014 Page 12 Exhibit C SERVICE ORDER The Master Agreement entered into by and between the City of College Station and Joe Orr, Inc., a Baseline Corporation Co. is expressly incorporated by reference. Services to be Performed Project Manager for Each Party Location for Performance of Services Schedule of Services Fees for Services Approved by: JOE ORR, INC. CITY OF COLLEGE STATION A BASELINE CORPORATION, CO. By: By: Printed Name: Printed Name: Title: Title: Date: Date: Contract No. 14-295 CRC 4/14/2014 Page 13 Exhibit D INSURANCE REQUIREMENTS Throughout the term of this Agreement, the Contractor agrees to maintain the types and amounts of insurance required as follows: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation D. Professional Liability II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance carrier or the carrier’s authorized agent B. Certificates of Liability Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit E; 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 Insurance Carriers licensed and authorized to do business in the State of Texas E. The City will not accept “claims made” policies, except for Professional Liability. F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement listing the City, its officers, agents, employees and volunteers as Additional Insureds and further providing “primary and non-contributory” language with regard to self-insurance or any insurance the City may have or obtain C. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being available for the City’s review and acceptance E. The coverage shall not exclude any of the following: premises/operations with Contract No. 14-295 CRC 4/14/2014 Page 14 separate aggregate; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein) Host Liquor Liability, and Personal & Advertising Liability. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain C. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E. The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. If the Contractor does not have vehicles registered in the business name, “hired and non-owned autos” may be covered under the Commercial General Liability policy. V. Workers’ Compensation Insurance Workers’ compensation insurance shall include the following terms: A. Employer’s Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee B. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included C. TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY” VI. Professional Liability Insurance: A. Coverage shall be written by a carrier with a “A:VIII” or better rating in accordance with the current Best Key Rating Guide. B. Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City of College Station when requested. C. For “claims made” policies, a two-year extended reporting period shall be required. Contract No. 14-295 CRC 4/14/2014 Page 15 Exhibit E INSURANCE CERTIFICATES Contract No. 14-295 CRC 4/14/2014 Page 16 DATE (MMIDD/yyyy)A C ORD@ CERTIFICATE OF LIABILITY INSURANCE 3/20/2014~ I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certif icate holder in lieu of such endorsement(s). CONTACTPRODUCER John L. Wortham & Son, L.P. NAME : John L. Wortham & Son, L.P. P . O. Box 1388 I FAXPlJg.NNEn. Extl: 713-526-3366 iA/C No): 713-521-1951Houston, TX 77251-1388 E·MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hanover Lloyds 41602 INSURED INSURER B: Allmerica Financial Benefit 41840 Joe Orr, Inc. INSURER C : ._3452 Rock Prairie Road West INSURER D : College Station TX 77845 . INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER' 19551036 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 ADDL SUBR 1(~~Jilg~) I(~~~~%~)LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS A I COMMERCIAL GENERAL LIABILITY ZLDA25157100 3/20/2014 3/20/2015 EAC H OCCURR ENCE $ 1,000,000 I CLAIMS-MADE [L] OCCUR , ~~~~~~J9E~~~Ju~?ence\ $ 500,000 i-MED EXP (Anyone person) $ 10,000 I PERSONAL & ADV INJURY $ 1,0 00,000 - G EN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGRE GATE $ 2 ,000,000 ~POLICY 0.r;r2r D LOC PRODUCTS -COMP/OP AGG $ 2,000 ,000 OTHER: $ B AUTOMOBILE LIABILITY AWDA25159000 3/20/2014 3/20/2015 PE~~~~~~~I~INGL E LIMIT $ 1,000,000c- ...L ANY AUTO BODILY INJURY (Per person) $ ALL OWNED ,-SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -INON-OWNED ip~?~~C~d:~t?AMAGE $HIRED AU TOS AUTOS,-I $ UMBRELLA LlAB HOCCUR EACH OCCURRENCE $I EXCESS LlAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ A WORKERS COMPENSATION WLDA23163700 3/20/2014 3/20/2015 I PER I 10TH AND EMPLOYERS' LIABILITY I STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [ill N/A EL EACH ACCIDENT $ 1,000 ,000 OFFICER/MEMB ER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 I( yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS be low DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mOre space is required) Additional insured status afforded to certificate holder per atta ched endorsement$ for Auto and General liability. Waiver of Subrogation status afforded to certificate holder per attached endorsements for Auto, General liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION Ci~ of COlle~e Station P .. Box 99 0 College Station TX 77842 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . I AUTHORIZED REPRESENTATIVE ........ !J)1JtdhtJ;n ~~LI"J~t. John L. Wortham & Son, L.P. © 1988-2014 ACORD CORPORATION . All nghts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERT NO. -19551 0 36 CLIENT CODE : l OBI NKLBAR {HOUl Ange l a Gar za 3 / 20/2014 2: 0 1:00 PM Page 1 of 11 DATE (MMIDDIYYYY)ACORV® CERTIFICATE OF LIABILITY INSURANCE ~ I 2/5/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the c ertificate holder in lieu of such endorsement(s). PROD UCER John L. Wortham & Son, L .P . CONTACT NAME : John L Wortham & Son. L.P ,P . 0 , Box 1388 PHONE lAIC, No, Ext): 713-52~66 I FAX (AIC No): 713-521-1951Houston, TX 77251-1388 E·MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Ace I).""o,;,.."n Insurance Comoanv 22667 INSURED INSURER B:Joe Orr, Inc , INSURER c:3452 Rock Prairie Road West College Station TX 77845 INSURER 0 : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER' 19171457 REVISION NUMBER' THIS IS TO C ERTI FY THAT THE POLICIES OF INSURANC E 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 POLI C IES 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 ~~~~ ~; 1 (~~TJ%~1 I (~~~~%}MJ~() LIMITSLTR POLICY NUMBER GENERAL LIABILITY EACH OCCURRENC E $ -~~~~~IH?E~~~J.7r~nce)COMMERCIAL GENERAL LI ABI LIT Y $ ~o CLA IM S·MADE D OCCURf-MED EXP (Anyone person ) $ '-PERSONAL & ADV INJURY $ f-GENERAL AGGREGATE $ GEN'L AGGR EGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG $n POLI CY rl jr8-r n LOC $ AUTOMOBILE LIABILITY fE~~~~~~~tfINGLE LIMIT $f- ANY AUT O BODILY INJURY (Per person) $f-ALL OW NED BSCHEDULED f-AUTOS AUTOS BODILY INJUR Y (Per accidenl) $ NON·OWNED Fp~?~tc~d~~t?AMAGE f-HIRED AUTOS AUTOS $ f-$ $ UMBRELLA LlAB HOCCUR EACH OCCURRENCE $ f-EXC ESS LIAS CLAIMS·MADE AGGREGATE $ f-DED U RETENTION $ $ $r-' $ WORKERS COMPENSATION J WC STATU.; I I Ol~'AND EMPLOYERS' LIABILITY YIN TORY LIMIT S ANY PROPRIETORIPARTNERlEXECUTI VE D N/A E.L. EACH ACC IDENT $OFFI CER/MEMBER EXC LUDED ? (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under E.L. DISEASE· POLICY LIMIT $DESCRIPTION OF OPE RATIONS below A Professional Liability EONG23662863006 7/12/2013 7/12/2014 $1,000,000 Each Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHI CLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci~ of Colle~e Station THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.. Box 99 0 ACCORDANCE WITH THE POLICY PROVISIONS , College Station TX 77842 AUTHORIZED REPRESENTATIVE -:J~t. !J)IJJdMn-~LI John L, Wortham &Son , L ,P, © 1988-2010 ACORD CORPORATION. All rights reserved . ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.' 1 9171457 CLIENT CODE: lOBINXLBAR (HOUI Dorothy Harri son 2/5/20 14 1:03:48 PM Page 1 o f 1 MASTER AGREEMENT CIVIL ENGINEERING SERVICES This Master Agreement is by and between the City of College Station, a Texas Municipal Home-Rule Corporation (the “City”) and Binkley & Barfield, Inc., a Texas Corporation (the “Contractor”), whereby Contractor agrees to perform Civil Engineering Services as needed in accordance with the terms and conditions herein. ARTICLE I 1.01 This Master Agreement is for Civil Engineering Services as needed described more fully by the scope detailed in Exhibit “A” and shall utilize the hourly rate schedule as detailed in Exhibit “B”. The project specific details of the work to be provided to the City by Contractor shall be set forth in a Service Order, a form of which is attached as Exhibit “C” to this Agreement and incorporated as though fully set forth herein by reference. Contractor agrees to perform or cause the performance of all the work described in each Service Order. Each Service Order shall expressly reference this Agreement and be executed by both parties. The City Manager or his designee is authorized to sign the Service Orders on behalf of the City. 1.02 Each Service Order shall identify a project manager for each party with respect to the Services set forth therein. Each Service Order shall identify the unique scope and details for each project including location, schedules, and a not-to-exceed amount for fees and expenses. 1.03 Contractor agrees to perform the work described in each Service Order and the City agrees to pay Contractor fees set forth and defined in the applicable Service Order for the services performed by Contractor. The invoices shall be submitted to the City following the 15th day and the last day of each month. The payment terms are net payable within thirty (30) calendar days of the City’s receipt of the invoice. Upon termination of this Agreement, payments under this paragraph shall cease, provided, however, that Contractor shall be entitled to payments for work performed in accordance with this Agreement and any Service Order before the date of termination and for which Contractor has not yet been paid. 1.04 The total amount of payment, including reimbursements, by the City to Contractor for all approved Service Orders to be performed under this Contract may not, under any circumstances, exceed Twenty Thousand Dollars and no/100 ($20,000.00) annually. There is no minimum amount to be paid by the City to the Contractor under this Contract. 1.05 The City may from time to time request changes in the scope and focus of the activities, investigations, and studies conducted or to be conducted by Contractor pursuant to this Contract, provided, however, that any such change that in the opinion of Contractor, the City Manager, or the City’s Project Manager varies significantly from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Contractor and the City’s Project Manager. Contract No. 14-296 CRC 4/14/2014 Page 1 1.06 Written change orders may be approved by the City Manager or his delegate provided that the change order does not increase the amount set forth in paragraph 1.04 of this Agreement by more than five percent (5%). Changes in excess of this amount must be approved by the City Council prior to commencement of the services or work. Any request by the Contractor for an increase in the amount set forth in paragraph 1.04 shall be made and approved by the City prior to the Contractor providing such services or the right to payment for such additional services shall be waived. If there is a dispute between the Contractor and the City respecting any service provided or to be provided hereunder by the Contractor, the Contractor agrees to continue providing on a timely basis all services to be provided by the Contractor hereunder, including any service as to which there is a dispute. 1.07 The term of this Contract is as indicated below: Except as provided in Article VI hereinbelow, the term of this Contract shall be for one (1) year from the effective date of this Contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to two (2) additional years (three (3) years total). If, for any reason, funds are not appropriated to continue the contract, the contract shall become null and void and shall terminate. 1.08 Time is of the essence of this Contract. The Contractor shall be prepared to provide the professional services in the most expedient and efficient manner possible in order to complete the work by the times specified. 1.09 Contractor promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Contractor agrees to perform any and all Project-related tasks reasonably required of it by the City in order to fulfill the purposes of the work to be performed. The work of Contractor under this Contract may be authorized by the Project Manager in various phases as set forth in Exhibit “C”. 1.10 In all activities or services performed hereunder, the Contractor is an independent contractor and not an agent or employee of the City. The Contractor, as an independent contractor, shall be responsible for the final product contemplated under this Agreement. Except for materials furnished by the City, the Contractor shall supply all materials, equipment and labor required for the execution of the work on the Project. The Contractor shall have ultimate control over the execution of the work under this Contract. The Contractor shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Contractor or any of the Contractor's subcontractors except to the limited extent provided for in this Contract. Contractor shall be liable for any misrepresentations. Any negotiations by the Contractor on the City’s behalf are binding on the City only when within the scope of work contained herein and approved by the City. Contract No. 14-296 CRC 4/14/2014 Page 2 ARTICLE II 2.01 In developing each Service Order, Contractor shall meet (in person or via phone or e-mail) with the City for the purpose of determining the nature of the project, including but not limited to the following: meeting with the City’s staff to coordinate project goals, schedules, and deadlines; coordinating data collection; briefing the City’s management staff; documenting study assumptions and methodologies; devising the format for any interim reports and the final report to the City. 2.02 The City shall direct Contractor to commence work on each project by sending Contractor a fully executed Service Order to begin work on each project. 2.03 Contractor shall consult with the City and may, in some limited circumstances, act as the City’s representative, but it is understood and agreed by the parties that for all purposes related to this Contract, Contractor shall be an independent contractor at all times and is not to be considered either an agent or an employee of the City. ARTICLE III 3.01 As an experienced and qualified professional, Contractor warrants that the information provided by Contractor reflects high professional and industry standards, procedures, and performances. Contractor warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, the fitness and operation of its recommendations, and the performance of other services under this Contract, pursuant to a high standard of performance in the profession. Contractor warrants that it will exercise diligence and due care and perform in a good and workmanlike manner all of the services pursuant to this Contract. Approval or acceptance by the City of any of Contractor’s work product under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Contractor, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Contractor’s responsibilities under this Contract. Nor shall the City’s approval or acceptance be deemed to be the assumption of responsibility by the City for any defect or error in the project’s work products prepared by Contractor, its employees, associates, agents, or subcontractors. 3.02 Contractor shall keep the City informed of the progress of the work by providing, at the least, monthly updates as to the status of the service being completed and shall guard against any defects or deficiencies in its work. 3.03 Contractor shall be responsible for using due diligence to correct errors, deficiencies or unacceptable work product. Contractor shall, at no cost to the City, remedy any errors, deficiencies or any work product found unacceptable, in the City’s sole discretion, as soon as possible, but no longer than fifteen (15) calendar days after receiving notice of said errors, deficiencies or unacceptable work product. Contract No. 14-296 CRC 4/14/2014 Page 3 3.04 Contractor’s work product shall be the exclusive property of the City. Upon completion or termination of this Contract, and upon the City’s request, Contractor shall promptly deliver to the City copies of all records, notes, data, memorandum, models, and equipment of any nature that are within Contractor’s possession or control and that are the City’s property or relate to the City or its business. ARTICLE IV 4.01 Indemnity. The Contractor agrees to indemnify, defend, and hold harmless the City, its officers, employees, and agents (separately and collectively referred to in this paragraph as “Indemnitee”), from and against any and all claims, losses, damages, causes of action, suits, judgments, settlements made by Indemnitee, and liability of every kind, including all expenses of litigation, court costs, attorney's fees, and other reasonable costs for damage to or loss of use of any property, for injuries to, or sickness or death of any person, including but not limited to Contractor, any of its subcontractors of any tier, or of any employee or invitee of Contractor or of any such subcontractors, that is caused by, arises out of, related to, or in connection with, the negligence of and/or negligent performance of this Contract by Contractor or by any such subcontractors of any tier, under this Contract. 4.02 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 4.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 4.03 Release. The Contractor releases, relinquishes, and discharges the City, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Contractor or its employees and any loss of or damage to any property of the Contractor or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Contractor's work to be performed hereunder. Both the City and the Contractor expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Contractor or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Contractor, or any third party. Contract No. 14-296 CRC 4/14/2014 Page 4 ARTICLE V Insurance 5.00 The Contractor shall procure and maintain at its sole cost and expense for the duration of this Agreement insurance against claims for injuries to persons or damages to propert y that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, volunteers, employees or subcontractors. The policies, limits and endorsements required are as set forth on Exhibit “D”. ARTICLE VI 6.01 At any time, the City may terminate the Agreement and/or each Service Order for convenience, in writing. At such time, the City shall notify Contractor, in writing, who shall cease work immediately. Contractor shall be compensated for the services performed. In the event that the City terminates this Contract for convenience, the City shall pay Contractor for the services performed and expenses incurred prior to the date of termination. 6.02 No term or provision of this Contract shall be construed to relieve the Contractor of liability to the City for damages sustained by the City or because of any breach of contract by the Contractor. The City may withhold payments to the Contractor for the purpose of setoff until the exact amount of damages due the City from the Contractor is determined and paid. ARTICLE VII 7.01 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. 7.02 Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: City: City of College Station P.O. Box 9960 College Station, Texas 77842 Contractor: Binkey & Barfield, Inc. 1710 Seamist Drive Houston, Texas 77008 Phone: 979-703-1809 Contract No. 14-296 CRC 4/14/2014 Page 5 ----------------- 7.03. Contractor shall perform all the work hereunder. Contractor agrees that all of its employees who work on each project shall be fully qualified and competent to do the work described hereunder. Contractor shall undertake the work and complete it in a timely manner. Contractor will not employ subcontractors in order to fulfill the obligations under this Contract without the prior written consent of the City. 7.04 The Contractor shall 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 unauthorized alien. The Contractor, not the City, must verify eligibility for employment as required by IRCA. 7.05 No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 7.06 This Contract and all rights and obligations contained herein may not be assigned by Contractor without the prior written approval of the City. 7.07 If any provision of this Contract shall be held to be invalid or unenforceable for any reason , the remaining provisions shall continue to be valid and enforceable. If a COUlt of competent jurisdiction finds that any provision of this Contract 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. 7 .08 This Contract represents the entire and integrated agreement between the City and Contractor and supersedes all prior negotiations , representations , or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 7.09 The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 7.10 This Contract will be effective when signed by the last party whose signing makes the Contract fully executed, unless otherwise noted in Section 1.07 of Article 1. BINKLEY -::---"'~Y'-!~...........~-J-I.J4-j'-l-+.J--t,..u.a... I Pc CITY OF COLLEGE STATION By:______________ City Manager Date: Date: C ontract iI/a. 14-296 Pag e 6 C RC 4114/2014 Exhibit A SCOPE OF SERVICES The following shall apply to all types of work performed: Engineer Qualifications All engineering must be completed under the supervision of a Registered Professional Engineer in Texas and must conform to industry standards and applicable laws. All deliverables shall be signed, sealed and dated by a Registered Professional Engineer. Additional Services Additional services not included in a Service Order may be completed on a "Time and Materials" basis in accordance with a Rate Schedule to be provided by the Engineering Firm or an agreed lump sum fee with prior written approval from the City. The scope of services to be performed by the Engineering Firm may include, but are not limited to the following: Engineering Design & Inspection of Projects The Engineering Firm will provide engineering support, design and inspection of projects to the City on an on-call basis. Payments will be based on time and materials from the Contractor’s rate sheet enclosed in this agreement, or agreed lump sum fee. Provide the City of College Station and the College Station Utility Group engineering design and inspection support for: 1) Grading and site design for electrical substations and related facilities. 2) General engineering design as needed by the City, typically small projects that require rapid response. 3) Attend pre-bid and pre-construction meetings. 4) Develop specifications for special projects. Deliverables Electronic .pdf file(s) of the plans and specifications Printed - Three sets of printed original documents Contract No. 14-296 CRC 4/14/2014 Page 7 Exhibit B HOURLY RATE SCHEDULE Contract No. 14-296 CRC 4/14/2014 Page 8 2014 BILLABLE CLASSIFICATION RATES Principal (Eng. VII)$231.00 Sr. Project Manager (Eng. VI)$218.25 Project Manager (Eng. V)$185.00 Structural Engineer $185.00 Project Engineer (Eng. IV)$155.00 Process/Civil/Engineer $155.00 Electrical & Instrumentation Engineer $155.00 Associate/Staff Engineer (Eng. III)$132.00 Graduate Engineer (EIT)$105.00 Sr. SUE Designator $90.00 Sr. Electrical Designer $136.00 Production Manager $205.00 Sr. CADD/Designer $129.00 CADD/Designer $116.00 CADD Operator $95.00 Sr. Clerical / Sr. Administrator $78.75 Clerical / Administrator $72.00 Note: 1. For years past 2014, maximum rates can be determined using an annual escalation rate of five percent, or, will be renegotiated. 2. Subconsultant, reproduction, delivery and other associated expenses shall be reimbursed at cost plus 10%. 3. Mileage shall be reimbursed at the current Federal rate as published by the IRS. EXHIBIT "A" Binkley & Barfield, Inc. Contract No. 14-296 CRC 4/14/2014 Page 9 Exhibit C SERVICE ORDER The Master Agreement entered into by and between the City of College Station and Joe Orr, Inc., a Baseline Corporation Co. is expressly incorporated by reference. Services to be Performed Project Manager for Each Party Location for Performance of Services Schedule of Services Fees for Services Approved by: BINKLEY & BARFIELD, INC. CITY OF COLLEGE STATION By: By: Printed Name: Printed Name: Title: Title: Date: Date: Contract No. 14-296 CRC 4/14/2014 Page 10 Exhibit D INSURANCE REQUIREMENTS Throughout the term of this Agreement, the Contractor agrees to maintain the types and amounts of insurance required as follows: I. Standard Insurance Policies Required: A. Commercial General Liability B. Business Automobile Liability C. Workers' Compensation D. Professional Liability II. General Requirements Applicable to All Policies: A. Certificates of Insurance shall be prepared and executed by the insurance carrier or the carrier’s authorized agent B. Certificates of Liability Insurance and endorsements shall be furnished on the most current State of Texas Department of Insurance-approved forms to the City’s Representative at the time of execution of this Agreement; shall be attached to this Agreement as Exhibit E; 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 Insurance Carriers licensed and authorized to do business in the State of Texas E. The City will not accept “claims made” policies, except for Professional Liability. F. Coverage shall not be suspended, canceled, non-renewed or reduced in limits of liability before thirty (30) days written notice has been given to the City. III. Commercial General Liability A. General Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement listing the City, its officers, agents, employees and volunteers as Additional Insureds and further providing “primary and non-contributory” language with regard to self-insurance or any insurance the City may have or obtain C. Limits of liability must be equal to or greater than $500,000 per occurrence for bodily injury and property damage, with an annual aggregate limit of $1,000,000.00. Limits shall be endorsed to be per project. D. No coverage shall be excluded from the standard policy without notification of individual exclusions being available for the City’s review and acceptance Contract No. 14-296 CRC 4/14/2014 Page 11 E. The coverage shall not exclude any of 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. IV. Business Automobile Liability A. Business Automobile Liability insurance shall be written by a carrier rated “A:VIII” or better under the current A. M. Best Key Rating Guide. B. Policies shall contain an endorsement naming the City as Additional Insured and further providing “primary and non-contributory” language with regard to self- insurance or any insurance the City may have or obtain C. Combined Single Limit of Liability not less than $1,000,000 per occurrence for bodily injury and property damage. D. The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page E. The coverage shall include any autos, owned autos, leased or rented autos, non- owned autos, and hired autos. If the Contractor does not have vehicles registered in the business name, “hired and non-owned autos” may be covered under the Commercial General Liability policy. V. Workers’ Compensation Insurance Workers’ compensation insurance shall include the following terms: A. Employer’s Liability minimum limits of liability not less than $500,000 for each accident/each disease/each employee B. “Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04” shall be included C. TEXAS must appear in Item 3A of the Workers’ Compensation coverage or Item 3C must contain the following: “All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY” VI. Professional Liability Insurance: A. Coverage shall be written by a carrier with a “A:VIII” or better rating in accordance with the current Best Key Rating Guide. B. Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $100,000.00. Financial statements shall be furnished to the City of College Station when requested. C. For “claims made” policies, a two-year extended reporting period shall be required. Contract No. 14-296 CRC 4/14/2014 Page 12 Exhibit E INSURANCE CERTIFICATE Contract No. 14-296 CRC 4/14/2014 Page 13 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5/1/2014 John L. Wortham & Son, L.P. P. O. Box 1388 Houston, TX 77251-1388 713-526-3366 713-521-1951 John L. Wortham & Son, L.P. John L. Wortham & Son, L.P. Binkley & Barfield, Inc. 1710 Seamist Drive, Suite 201 Houston, TX 77008 713-869-3433 20047623 City of College Station P. O. Box 9960 College Station TX 77842 Re: On-call Contract A Professional Liability EONG23662863006 7/12/2013 7/12/2014 $1,000,000 Each Claim $2,000,000 Aggregate Ace American Insurance Company 22667 CERT NO.: 20047623 CLIENT CODE: 10BINKLBAR (HOU) Dorothy Harrison 5/1/2014 7:31:59 AM (PDT) Page 1 of 1 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 5/1/2014 John L. Wortham & Son, L.P. P. O. Box 1388 Houston, TX 77251-1388 713-526-3366 713-521-1951 John L. Wortham & Son, L.P. John L. Wortham & Son, L.P. Binkley & Barfield, Inc. 1710 Seamist Drive, Suite 201 Houston, TX 77008 713-869-3433 20047725 Additional insured status afforded to certificate holder per attached endorsements CA0403 0604 and 4210150 1000 for Auto and General Liability. for Auto, General Liability and Workers Compensation. City of College Station P.O. Box 9960 College Station TX 77842 Re: On-call Contract. Waiver of Subrogation status afforded to certificate holder per attached endorsements CA2089 0604, CG2404 0509, and WC420304A 0100 A 1,000,000ZLDA251571003/20/2014 3/20/2015 500,000 3 10,000 3 1,000,000 2,000,000 2,000,0003 B AWDA25159000 3/20/2014 3/20/2015 1,000,000 3 A WLDA23163700 3/20/2014 3/20/2015 3 1,000,000N1,000,000 1,000,000 Hanover Lloyds 41602 Allmerica Financial Benefit 41840 CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 1 of 11 CA 04 03 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name and Address of Additional Insured: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Who Is An Insured (Section II) is amended to include as an "insured" the person(s) or organiza- tion(s) shown in the Schedule, but only with re- spect to their legal liability for acts or omissions of a person for whom Liability Coverage is afforded under this policy. B.The additional insured named in the Schedule or Declarations is not required to pay for any premi- ums stated in the policy or earned from the policy. Any return premium and any dividend, if applica- ble, declared by us shall be paid to you. C.You are authorized to act for the additional insured named in the Schedule or Declarations in all mat- ters pertaining to this insurance. D.We will mail the additional insured named in the Schedule or Declarations notice of any cancella- tion of this policy. If we cancel, we will give 10 days notice to the additional insured. E.The additional insured named in the Schedule or Declarations will retain any right of recovery as a claimant under this policy. BLANKET AS REQUIRED BY WRITTEN CONTRACT CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 2 of 11 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BLANKET AS REQUIRED BY WRITTEN CONTRACT CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 3 of 11 CA 20 89 06 04 © ISO Properties, Inc., 2003 Page 1 of 1 POLICY NUMBER: COMMERCIAL AUTO CA 20 89 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name Of Person(s) Or Organization(s): Additional Premium $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organiza- tion(s) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termi- nation of this endorsement or the policy. BLANKET AS REQUIRED BY WRITTEN CONTRACT CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 4 of 11 TEXAS WORKERS’COMPENSATION AND EMPLOYERS’LIABILITY MANUAL WC 420304 A 1st Reprint Effective January 1,2000 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1.()SpecificWaiver Name of person or organization Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: 3.Premium The premium charge for this endorsement shall be _______ percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. * *4.Advance Premium Notes: 1.Use this endorsement to effect a waiver of recovery from others in accordance with Rule II Sechon 0,of the Texas Workers Compensation Manual, 2.If blanket waiver of recover from others is written,the following wording should be inserted following Operations in schedule All Texas Operations. X CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 5 of 11 ALLMERICA FINANCIAL® HANOVER INSURANCE® CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 6 of 11 CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 7 of 11 CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 8 of 11 CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 9 of 11 CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 10 of 11 CERT NO.: 20047725 CLIENT CODE: 10BINKLBAR (HOU) Angela Garza 5/1/2014 7:40:58 AM (PDT) Page 11 of 11 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-489 Name:Treasury Management Status:Type:Presentation Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action and discussion on the Treasury Management Agreement between the City of College Station and Branch Banking & Trust (“BB&T”). Sponsors:Jeff Kersten Indexes: Code sections: Attachments:BB&T Ltr of Intent.pdf City of College Station TMA Signed by BBT.PDF Action ByDate Action ResultVer. Presentation, possible action and discussion on the Treasury Management Agreement between the City of College Station and Branch Banking & Trust (“BB&T”). Relationship to Strategic Goals:Financially Sustainable City Recommendation(s):Staff recommends approval of the Treasury Management Agreement between the City and BB&T. Summary:On August 26, 2010, the City Council approved a bank depository agreement with Citibank. The depository agreement was for three (3) years with an option for two (2) one-year renewals. The City exercised its first option on June 13, 2013. In December 2013, Citibank announced that the Bryan-College Station, Austin and San Antonio branches were being acquired by BB&T. BB&T assumed the assets and deposits for these Citibank branch locations. The City’s depository contract with Citibank was part of the acquisition. The acquisition between Citibank and BB&T will take place on June 13,2014.On that date,the City’s funds will be transferred to BB&T and collateralized under the new pledge agreement that Council approved on May 22,2014.As a show of good faith,BB&T executed a letter of intent acknowledging the existing contract between Citibank and the City and agreed to honor the pricing through September 30, 2015, the last renewal period. The Treasury Management Agreement allows the City’s on-line treasury services, such as, positive pay, cash letter file transmission, Automatic Clearing House (ACH), wire transfer and debit block filter to be established with BB&T. City staff uses on-line treasury services to perform daily treasury operations. Budget &Financial Summary:The expenditure for banking services is budgeted in the General Fund and the Utility Customer Service Fund.BB&T has agreed to waive the treasury services College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-489,Version:1 Fund and the Utility Customer Service Fund.BB&T has agreed to waive the treasury services charges from the date of acquisition through August 2014.The annual cost for the treasury services provided by BB&T is not expected to exceed $40,000 annually. Legal Review: Attachments: 1.Treasury Management Agreement 2.Letter of Intent College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ Depos[tServtcesMatcode:001-1&-i8—lU200W.SecondStreetApril22,2014Winston-Saem,NC27102CityofCollegeStationCherylWright,Treasurer1101TexasAvenueCollegeStation,TX77840Re:2013-2014DepositoryContractRenewalPricingMs.Wright,BB&TwouldliketoprovidetheCityofCollegeStationsomecertaintyregardingthepricinginyourcurrentcontractwithCitibank,pertheletterdated03/14/2013totheCityofCollegeStationfromCitibank,(acopyofwhichisattached).Asyoumayknow,BB&TandCitimayconcludeatransactionwherebyyourrelationshipwilltransfertoBB&T.Whilethistransferwillinvolvecertainchangesintermsandconditionsinherentinanymerger,BB&TwillhonorthepricinginthecurrentcontractwithCitithroughSeptember30,2015.TheenclosedDepositoryPledgeAgreementhasbeensignedbyBB&Trepresentativesasasignofgoodfaithtowardsthisend.BB&TwillcollateralizetheCity’sdepositsinexcessof110%oftheCollateralizedFundsondeposit.WelookforwardtoworkingwiththeCityofCollegeStation.Sincerely,ChrisBradley,FSeniorVicePresiAentEnclosures Ctihank,NA,1e9?j?6O436OSourCoFeqeStatonFax97976486g42fl7TexasAxe.S.CoHeqeStation.TX7784C)March14,2013CityofCollegeStationCherylWright,Treasurer1101TexasAvenueCollegeStation,TX77840Re:2013-2014DepositoryContractRenewalPricingAdjustmentsMrs.Wright,WetrulyappreciatetheopportunitytocontinueworkingwiththeCityofCollegeStationasitsdepositoryinstitution.Wefeeltherelationshiphasbeenmutuallybeneficialandlookforwardtothecontinuedpartnership.ForthefirstannualextensionCitibankwillconductchangestothefollowingpricinglineitems.AllotheritemswillremainaspresentedintheoriginalDepositoryContractexecutedonSeptember1,2010.I)Interestonexcessbalancesa.Current—FedFunds+.50%b.Proposed—FedFunds+.20%II)ReturnedDepositItemsa.Current-$3.00eachb.Proposed-$1.50eachIII)RejectedACHItemsa.Current-$5.00eachb.Proposed-$1.50eachIV)ReturnedACHItemsa.Current-$5.00eachb.Proposed-$1.50eachTheitemsabovewillbeeffectiveOctober1,2013throughSeptember30,2014.Foracompletelistingpleaserefertotheattachedpricingadjustedschedule.Again,weappreciatetheCity’sbusinessandlookforwardtoservingtheCity’sdepositoryneedsinthefuture.Shouldyouhaveanyquestionspleasecontactmyofficeat(979)691-2759orbyemailatdonnie.fowlercciti.com.SVP,TexasPublicFundsRelationshipManager CITYOFmiIiFSTATIONRENEWALPRICING2013-ServiceCostj,terestonExcessBalancesFedFunds+.20%rntMaintenance(3accounts)700AccountAnalysisNCpositServices:jChecksPaid0.140DepositsPosted(Tickets)0140[ItemsDeposited:(includingEncoding)j_LocalItems0.080CoinVaultDepositper$1000070CLImplementationFee(UCS)250.000CLImplementationMonthlyMaintenance(UCS)100.000ReturnedItems(chargeback’s)1.50ont__,,,____1000CthSusmessOss4loetrad35rnaer$10addsas..t5500AcHMatenanc,On4meModule10.00ParentlChlldU.L00AccountRecarsdflatlonePontodP/I1acd__S00010(joStaødAlonePosst1efylt!ms0.030,01CDROMforArchIvedStatementsandChecks25,00eghatonACHDraftOrig’naeod0.100PayrollDrectDeornit26payrolls500UtilityPaymentDrafts120cycles5,00IRSPayrollTaRemttaricappro265.00A04RejectedItemsisoACHReturnltems150ACHReversal3.00EDIMonthlyService10.00EDIReport5.00ACH-EDIAddendaReport50.00WireTransfersOutgoing8.50Incoming5.00RemoteCheckDepositMaintenance(Nolongerusing)60.00AutomatedClearingHouse(ACH)DebitFilter/BlocksACHCreditsReceived0.10ACHDebitsReceived0.10ACH_Debit_FilterMISCServicesCoinBagNCDepositbagsNCElectronicPaymentAuthorizationSystem(3Accounts)NCNon-MonthlyChargeRates:3-PartDepositSlipsNoChargePyrollDebitCardSystemNotavailableTravelersChecksNoChargeCashiersChecksNoCharFElectronicBalanceInquiryCitibusinessOnlineBasicNoChargelntrabankTransferOnlineNoChargManually2.00PositivePaySystemCitibusinessOnlineBasicNoChargeVoidafter90daysonChecksNoChargeBankprogramprovidingcapabilityforelectronictransmissionviamodem.CitibusinessOnlineBasicNoChargetytotransmitviamodemdirectlytobankandavedebitsandcreditsdoneautomaticallynotmanually.CitibusinessOnlineBasic 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-490 Name:TXDoT Third Party Notification Form Status:Type:Agreement Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action and discussion on a notification for a change order from TxDOT on the Rock Prairie Road Bridge project in the amount of $53,975.55, and authorizing the city manager to execute the acknowledgement notification on behalf of the City Council. Sponsors:Donald Harmon Indexes: Code sections: Attachments:TXDoT Third Party Form.pdf Action ByDate Action ResultVer. Presentation, possible action and discussion on a notification for a change order from TxDOT on the Rock Prairie Road Bridge project in the amount of $53,975.55, and authorizing the city manager to execute the acknowledgement notification on behalf of the City Council. Relationship to Strategic Goals: ··Core Services and Infrastructure ··Improving Mobility Recommendation(s): Staff recommends acknowledgement of the notification for a change order from TxDOT on the Rock Prairie Road Overpass project in the amount of $53,975.55, and authorizing the city manager to execute the acknowledgement notification on behalf of the City Council. Summary: The City has an Advance Funding Agreement with the Texas Department of Transportation for the Rock Prairie Road Bridge Project. The City is responsible for 100% of the costs associated with the project that are in excess of the State funding obligated maximum of $4,637,420. As part of the agreement, TXDoT is obligated to notify the City of any change orders. Budget & Financial Summary: The TXDoT third party notification form is to notify the City that a change order in the amount of $53,975.55 has been executed, and the cost may be the City's responsibility. It is anticipated that an AFA Amendment will be brought to the City Council upon the completion of the project to account for all project costs. A total of $567,000 is budgeted for this project in the Streets Capital Improvement Projects Fund. $478,066 has been expended or committed to date, leaving a balance of $88,934 for this change order and remaining expenditures. Attachments: College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-490,Version:1 1. TXDoT Third Party Notification Form College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-491 Name:Electric Disribution Poles Status:Type:Presentation Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion on a bid award for the purchase of steel, fiberglass, and concrete electric distribution poles to Creative Pultrusions, $143,920.05; KBS Electrical Distributors, $163,578; RS Technologies, $317,115.23; and TransAmerican Power Products, Inc., $106,522 for a total of $731,135.28. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:14-057 Tabulation.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion on a bid award for the purchase of steel, fiberglass, and concrete electric distribution poles to Creative Pultrusions, $143,920.05; KBS Electrical Distributors, $163,578; RS Technologies, $317,115.23; and TransAmerican Power Products, Inc., $106,522 for a total of $731,135.28. Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core Services and Infrastructure Recommendation(s):Recommend award to the lowest responsible bidders meeting specifications. Group A:TransAmerican $55,840.00 Group B:TransAmerican $50,682.00 Group C:RS Technologies $272,622.35 Group D:Creative Pultrusions $143,920.05 Group E:RS Technologies $44,492.88 Group F:KBS Electrical Dist.$115,425.00 Group G:KBS Electrical Dist.$48,153.00 Summary: Seven (7) sealed, competitive bids were received and opened on May 13, 2014. Purchases orders will be created upon award of this agreement, and purchases will be made as needed during the term of the agreement. The various electric poles will be maintained in Electrical Inventory and expensed as necessary during the agreement period. The purchasing agreement period shall be for one (1) year with the option to renew for two additional one year terms. Budget & Financial Summary:Funds are budgeted and available in the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued. College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-491,Version:1 Reviewed and Approved by Legal:N/A Attachments:Bid Tabulation No. 14-057 College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price A1 10 ea 285-065-00020 30' Steel Pole 91,000 $1,078.00 $10,780.00 $0.00 $0.00 A2 10 ea 285-065-00010 40' Steel Pole 105,000 $1,675.00 $16,750.00 $0.00 $0.00 A3 10 ea 285-065-00011 45' Steel Pole 139,000 $1,813.00 $18,130.00 $0.00 $0.00 A4 5 ea 285-065-00012 50' Steel Pole 144,000 $1,927.00 $9,635.00 $0.00 $0.00 A5 5 ea 285-065-00013 55' Steel Pole 130,000 $2,030.00 $10,150.00 $0.00 $0.00 B1 3 ea 285-065-00016 50' Steel Self Supporting Pole w/ 6 degree angle $0.00 $0.00 $0.00 B2 3 ea 285-065-00017 50' Steel Self Supporting Pole w/ 12 degree angle $0.00 $0.00 $0.00 B3 3 ea 285-065-00018 50' Steel Self Supporting Pole w/ 18 degree angle $0.00 $0.00 $0.00 B4 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 6 degree angle $0.00 $0.00 $0.00 B5 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 12 degree angle $0.00 $0.00 $0.00 B6 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 18 degree angle $0.00 $0.00 $0.00 C1 10 ea 285-065-00028 30' Fiberglass Composite Pole $0.00 $0.00 $0.00 C2 30 ea 285-065-000__40' Fiberglass Composite Pole $0.00 $0.00 $0.00 C3 30 ea 285-065-00022 45' Fiberglass Composite Pole $0.00 $0.00 $0.00 C4 15 ea 285-065-000__50' Fiberglass Composite Pole $0.00 $0.00 $0.00 C5 15 ea 285-065-000__55' Fiberglass Composite Pole $0.00 $0.00 $0.00 GROUP 'A' MATERIALS (Steel Poles) GROUP 'B' MATERIALS (Steel Self-Supporting Poles) GROUP 'C' MATERIALS (Fiberglass Composite Poles) $0.00 $0.00 Quoting Ductile Iron Pole, natural weather finished (80 year life) in lieu of galvanizing. Ground line movement for A4 & A5 do not meet requirments. Quoted per mfg. std. terms & conditions. Total Group C Total Group B Total Group A $65,445.00 Exceptions Exceptions Exceptions StressCrete Inc. $0.00 $0.00 $0.00 $0.00 Priester- Mell & Nicholson Creative Pultrusions $0.00 $0.00 Page 1 City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price StressCrete Inc.Priester- Mell & Nicholson Creative Pultrusions D1 5 ea 285-065-00028 30' Straight Shaft Fiberglass Composite Pole $0.00 $0.00 94,437 $1,291.77 $6,458.85 D2 20 ea 285-065-000__40' Straight Shaft Fiberglass Composite Pole $0.00 $0.00 94,437 $1,596.49 $31,929.80 D3 20 ea 285-065-00024 40' Straight Shaft Fiberglass Composite Pole $0.00 $0.00 117,953 $1,808.28 $36,165.60 D4 20 ea 285-065-00022 45' Straight Shaft Fiberglass Composite Pole $0.00 $0.00 117,953 $1,991.83 $39,836.60 D5 5 ea 285-065-00025 50' Straight Shaft Fiberglass Composite Pole $0.00 $0.00 166,593 $2,839.68 $14,198.40 D6 5 ea 285-065-000__55' Straight Shaft Fiberglass Composite Pole $0.00 $0.00 166,593 $3,066.16 $15,330.80 E1 2 ea 285-065-000__50' Tapered Shaft Fiberglass Composite Pole w/ 6 degree angle $0.00 $0.00 $0.00 E2 2 ea 285-065-00026 50' Tapered Shaft Fiberglass Composite Pole w/ 12 degree angle $0.00 $0.00 $0.00 E3 2 ea 285-065-000__50' Tapered Shaft Fiberglass Composite Pole w/ 18 degree angle $0.00 $0.00 $0.00 F1 5 ea 540-070-00020 35" Prestressed Spun Cast Concrete Pole $0.00 $1,522.00 $7,610.00 $0.00 F2 10 ea 540-070-00010 40" Prestressed Spun Cast Concrete Pole $0.00 $1,707.00 $17,070.00 $0.00 F3 25 ea 540-070-00008 45" Prestressed Spun Cast Concrete Pole $0.00 $1,892.00 $47,300.00 $0.00 F4 15 ea 540-070-00009 50" Prestressed Spun Cast Concrete Pole $0.00 $2,147.00 $32,205.00 $0.00 F5 10 ea 540-070-00011 55" Prestressed Spun Cast Concrete Pole $0.00 $2,640.00 $26,400.00 $0.00 G1 3 ea 540-070-00021 50' Prestressed Spun Cast Concrete Pole w/ 6 degree angle $0.00 $2,973.00 $8,919.00 $0.00 G2 3 ea 540-070-00018 50' Prestressed Spun Cast Concrete Pole w/ 12 degree angle $0.00 $3,343.00 $10,029.00 $0.00 G3 3 ea 540-070-00019 50' Prestressed Spun Cast Concrete Pole w/ 18 degree angle $0.00 $3,899.00 $11,697.00 $0.00 G4 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 6 degree angle $0.00 $4,655.00 $9,310.00 $0.00 G5 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 12 degree angle $0.00 $5,581.00 $11,162.00 $0.00 G6 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 18 degree angle $0.00 $6,137.00 $12,274.00 $0.00 Total Group G $0.00 $63,391.00 $0.00 $0.00 $0.00 GROUP 'D' MATERIALS (Fiberglass Composite Poles) GROUP 'E' MATERIALS (Tapered Fiberglass Composite Poles) $0.00 $0.00 $0.00Total Group F Total Group E Exceptions GROUP 'F' MATERIALS (Self Supporting Prestressed Spun Cast Concrete Poles) Exceptions Exceptions GROUP 'G' MATERIALS (Self Supporting Prestressed Spun Cast Concrete Poles With Angle) Exceptions Total Group D $130,585.00 $0.00 $143,920.05 $0.00 Page 2 City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price StressCrete Inc.Priester- Mell & Nicholson Creative Pultrusions GROUP "A" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "B" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "C" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "D" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "E" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "F" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "G" MATERIALS SUBTOTAL Manufacturer Delivery Certification of Bid Exceptions $63,391.00 45 days $143,920.05 N Prompt Payment Discount 1/2 % StressCrete Inc. $130,585.00 $143,920.05 Creative Pultrusions, Inc $65,445.00 Seamless Pole Inc. 8-12 wks TOTAL RECOMMENDED AWARD AMOUNT Y 45 days 6 weeks Aro Y StressCrete Inc. Page 3 City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description A1 10 ea 285-065-00020 30' Steel Pole A2 10 ea 285-065-00010 40' Steel Pole A3 10 ea 285-065-00011 45' Steel Pole A4 5 ea 285-065-00012 50' Steel Pole A5 5 ea 285-065-00013 55' Steel Pole B1 3 ea 285-065-00016 50' Steel Self Supporting Pole w/ 6 degree angle B2 3 ea 285-065-00017 50' Steel Self Supporting Pole w/ 12 degree angle B3 3 ea 285-065-00018 50' Steel Self Supporting Pole w/ 18 degree angle B4 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 6 degree angle B5 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 12 degree angle B6 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 18 degree angle C1 10 ea 285-065-00028 30' Fiberglass Composite Pole C2 30 ea 285-065-000__40' Fiberglass Composite Pole C3 30 ea 285-065-00022 45' Fiberglass Composite Pole C4 15 ea 285-065-000__50' Fiberglass Composite Pole C5 15 ea 285-065-000__55' Fiberglass Composite Pole GROUP 'A' MATERIALS (Steel Poles) GROUP 'B' MATERIALS (Steel Self-Supporting Poles) GROUP 'C' MATERIALS (Fiberglass Composite Poles) Total Group C Total Group B Total Group A Exceptions Exceptions Exceptions Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price 84,800 $1,694.00 $16,940.00 $1,282.00 $12,820.00 $1,056.00 $10,560.00 100,000 $1,928.00 $19,280.00 $1,501.00 $15,010.00 $1,127.00 $11,270.00 147,000 $2,261.00 $22,610.00 $1,799.00 $17,990.00 $1,452.00 $14,520.00 161,000 $2,456.00 $12,280.00 $2,087.00 $10,435.00 $1,543.00 $7,715.00 175,000 $2,654.00 $13,270.00 $2,296.00 $11,480.00 $2,068.00 $10,340.00 187,000 $2,550.00 $7,650.00 $2,232.00 $6,696.00 $2,482.00 $7,446.00 329,000 $3,356.00 $10,068.00 $2,778.00 $8,334.00 $2,518.00 $7,554.00 400,000 $3,587.00 $10,761.00 $3,244.00 $9,732.00 $2,979.00 $8,937.00 405,300 $4,873.00 $9,746.00 $3,954.00 $7,908.00 $3,712.00 $7,424.00 643,300 $6,017.00 $12,034.00 $5,220.00 $10,440.00 $4,960.00 $9,920.00 873,200 $6,925.00 $13,850.00 $5,870.00 $11,740.00 $5,857.00 $11,714.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Prices based on full truck load quantities. $54,850.00 Prices based on full truck load quantities. Alternate Steel Pole Bid. Valmont taking exception to the FOB destination. Valmont offers products at prepaid & add, estimated frieght per truck is $1980.00. $52,995.00 Alternate Steel Pole Bid. Valmont taking exception to the FOB destination. Valmont offers products at prepaid & add, estimated frieght per truck is $1980.00. $0.00 $64,109.00 Attached Notes & Clarifications Pages Attached Notes & Clarifications Pages KBS Electrical Dist. $67,735.00 $0.00 M.D. Henry Company Inc. $84,380.00 KBS Electrical Dist. (Alternate Bid) $54,405.00 $0.00 Page 4 City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description D1 5 ea 285-065-00028 30' Straight Shaft Fiberglass Composite Pole D2 20 ea 285-065-000__40' Straight Shaft Fiberglass Composite Pole D3 20 ea 285-065-00024 40' Straight Shaft Fiberglass Composite Pole D4 20 ea 285-065-00022 45' Straight Shaft Fiberglass Composite Pole D5 5 ea 285-065-00025 50' Straight Shaft Fiberglass Composite Pole D6 5 ea 285-065-000__55' Straight Shaft Fiberglass Composite Pole E1 2 ea 285-065-000__50' Tapered Shaft Fiberglass Composite Pole w/ 6 degree angle E2 2 ea 285-065-00026 50' Tapered Shaft Fiberglass Composite Pole w/ 12 degree angle E3 2 ea 285-065-000__50' Tapered Shaft Fiberglass Composite Pole w/ 18 degree angle F1 5 ea 540-070-00020 35" Prestressed Spun Cast Concrete Pole F2 10 ea 540-070-00010 40" Prestressed Spun Cast Concrete Pole F3 25 ea 540-070-00008 45" Prestressed Spun Cast Concrete Pole F4 15 ea 540-070-00009 50" Prestressed Spun Cast Concrete Pole F5 10 ea 540-070-00011 55" Prestressed Spun Cast Concrete Pole G1 3 ea 540-070-00021 50' Prestressed Spun Cast Concrete Pole w/ 6 degree angle G2 3 ea 540-070-00018 50' Prestressed Spun Cast Concrete Pole w/ 12 degree angle G3 3 ea 540-070-00019 50' Prestressed Spun Cast Concrete Pole w/ 18 degree angle G4 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 6 degree angle G5 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 12 degree angle G6 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 18 degree angle Total Group G GROUP 'D' MATERIALS (Fiberglass Composite Poles) GROUP 'E' MATERIALS (Tapered Fiberglass Composite Poles) Total Group F Total Group E Exceptions GROUP 'F' MATERIALS (Self Supporting Prestressed Spun Cast Concrete Poles) Exceptions Exceptions GROUP 'G' MATERIALS (Self Supporting Prestressed Spun Cast Concrete Poles With Angle) Exceptions Total Group D Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price KBS Electrical Dist.M.D. Henry Company Inc.KBS Electrical Dist. (Alternate Bid) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,499.00 $7,495.00 $1,921.00 $9,605.00 $0.00 $1,603.00 $16,030.00 $1,999.00 $19,990.00 $0.00 $1,733.00 $43,325.00 $2,132.00 $53,300.00 $0.00 $1,891.00 $28,365.00 $2,237.00 $33,555.00 $0.00 $2,021.00 $20,210.00 $2,358.00 $23,580.00 $0.00 $2,358.00 $7,074.00 $2,237.00 $6,711.00 $0.00 $2,805.00 $8,415.00 $2,711.00 $8,133.00 $0.00 $3,057.00 $9,171.00 $2,763.00 $8,289.00 $0.00 $3,278.00 $6,556.00 $3,511.00 $7,022.00 $0.00 $4,140.00 $8,280.00 $4,210.00 $8,420.00 $0.00 $4,739.00 $9,478.00 $4,789.00 $9,578.00 Pricing is based on maximizing truck loads. Alternate Concrete Quote. Prices based on full truck load quantities. $0.00 $48,974.00 $48,153.00 $0.00 Pricing is based on maximizing truck loads. Alternate Concrete Quote. Prices based on full truck load quantities. $0.00 $0.00 $0.00 $0.00 $0.00 $115,425.00 $0.00 $140,030.00 Page 5 City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description GROUP "A" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "B" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "C" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "D" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "E" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "F" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "G" MATERIALS SUBTOTAL Manufacturer Delivery Certification of Bid Exceptions TOTAL RECOMMENDED AWARD AMOUNT Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price KBS Electrical Dist.M.D. Henry Company Inc.KBS Electrical Dist. (Alternate Bid) 10 weeks 10-12 weeks $48,974.00 $48,153.00 $140,030.00 $48,153.00 Y Turner Comp 10-12 weeks Turner Comp $115,425.00 $115,425.00 Y Valmont Newmark Valmont Newmark $54,405.00 Valmont 10 weeks $52,995.00 Valmont 10 weeks $0.00 $84,380.00 M.D. Henry Co. Inc. 14-16 weeks $64,109.00 M.D. Henry Co. Inc. 14-16 weeks $67,735.00 Trinity 12-14 weeks $54,850.00 Trinity 12-14 weeks 10 weeks Y Prices are firm for delivery of poles on or before December 30, 2014 Page 6 City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description A1 10 ea 285-065-00020 30' Steel Pole A2 10 ea 285-065-00010 40' Steel Pole A3 10 ea 285-065-00011 45' Steel Pole A4 5 ea 285-065-00012 50' Steel Pole A5 5 ea 285-065-00013 55' Steel Pole B1 3 ea 285-065-00016 50' Steel Self Supporting Pole w/ 6 degree angle B2 3 ea 285-065-00017 50' Steel Self Supporting Pole w/ 12 degree angle B3 3 ea 285-065-00018 50' Steel Self Supporting Pole w/ 18 degree angle B4 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 6 degree angle B5 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 12 degree angle B6 2 ea 285-065-000__60' Steel Self Supporting Pole w/ 18 degree angle C1 10 ea 285-065-00028 30' Fiberglass Composite Pole C2 30 ea 285-065-000__40' Fiberglass Composite Pole C3 30 ea 285-065-00022 45' Fiberglass Composite Pole C4 15 ea 285-065-000__50' Fiberglass Composite Pole C5 15 ea 285-065-000__55' Fiberglass Composite Pole GROUP 'A' MATERIALS (Steel Poles) GROUP 'B' MATERIALS (Steel Self-Supporting Poles) GROUP 'C' MATERIALS (Fiberglass Composite Poles) Total Group C Total Group B Total Group A Exceptions Exceptions Exceptions Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price $0.00 82,210 $871.00 $8,710.00 $0.00 103,870 $1,262.00 $12,620.00 $0.00 140,910 $1,523.00 $15,230.00 $0.00 153,030 $1,797.00 $8,985.00 $0.00 168,890 $2,059.00 $10,295.00 $0.00 178,560 $1,959.00 $5,877.00 $0.00 298,060 $2,551.00 $7,653.00 $0.00 406,140 $3,038.00 $9,114.00 $0.00 412,960 $3,713.00 $7,426.00 $0.00 645,920 $4,658.00 $9,316.00 $0.00 882,280 $5,648.00 $11,296.00 108,000 $1,319.57 $13,195.70 $0.00 184,000 $2,276.58 $68,297.40 $0.00 194,090 $2,923.14 $87,694.20 $0.00 186,140 $3,444.46 $51,666.90 $0.00 181,290 $3,451.21 $51,768.15 $0.00 None Ground Sleeves not included in price, but are available upon request. Step Bolts not inlcued in price but are available upon request $50,682.00 Ground Sleeves not included in price, but are available upon request. Step Bolts not inlcued in price but are available upon request RS Technologies $0.00 $272,622.35 $0.00 TransAmerican Power Products, Inc. $55,840.00 $0.00 Page 7 City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description D1 5 ea 285-065-00028 30' Straight Shaft Fiberglass Composite Pole D2 20 ea 285-065-000__40' Straight Shaft Fiberglass Composite Pole D3 20 ea 285-065-00024 40' Straight Shaft Fiberglass Composite Pole D4 20 ea 285-065-00022 45' Straight Shaft Fiberglass Composite Pole D5 5 ea 285-065-00025 50' Straight Shaft Fiberglass Composite Pole D6 5 ea 285-065-000__55' Straight Shaft Fiberglass Composite Pole E1 2 ea 285-065-000__50' Tapered Shaft Fiberglass Composite Pole w/ 6 degree angle E2 2 ea 285-065-00026 50' Tapered Shaft Fiberglass Composite Pole w/ 12 degree angle E3 2 ea 285-065-000__50' Tapered Shaft Fiberglass Composite Pole w/ 18 degree angle F1 5 ea 540-070-00020 35" Prestressed Spun Cast Concrete Pole F2 10 ea 540-070-00010 40" Prestressed Spun Cast Concrete Pole F3 25 ea 540-070-00008 45" Prestressed Spun Cast Concrete Pole F4 15 ea 540-070-00009 50" Prestressed Spun Cast Concrete Pole F5 10 ea 540-070-00011 55" Prestressed Spun Cast Concrete Pole G1 3 ea 540-070-00021 50' Prestressed Spun Cast Concrete Pole w/ 6 degree angle G2 3 ea 540-070-00018 50' Prestressed Spun Cast Concrete Pole w/ 12 degree angle G3 3 ea 540-070-00019 50' Prestressed Spun Cast Concrete Pole w/ 18 degree angle G4 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 6 degree angle G5 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 12 degree angle G6 2 ea 540-070-000__60' Prestressed Spun Cast Concrete Pole w/ 18 degree angle Total Group G GROUP 'D' MATERIALS (Fiberglass Composite Poles) GROUP 'E' MATERIALS (Tapered Fiberglass Composite Poles) Total Group F Total Group E Exceptions GROUP 'F' MATERIALS (Self Supporting Prestressed Spun Cast Concrete Poles) Exceptions Exceptions GROUP 'G' MATERIALS (Self Supporting Prestressed Spun Cast Concrete Poles With Angle) Exceptions Total Group D Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price RS Technologies TransAmerican Power Products, Inc. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 276,010 $5,908.59 $11,817.18 $0.00 366,330 $6,578.28 $13,156.56 $0.00 575,860 $9,759.57 $19,519.14 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 None $0.00 $0.00 $0.00 $0.00 $0.00 $44,492.88 $0.00 $0.00 Page 8 City of College Station - Purchasing Division Bid Tabulation for #14-057 "Annual Purchase of Electric Distribution Poles" Open Date: Tuesday, May 13, 2014 @ 2:00 p.m. Item Qty Unit COCS Inventory #Description GROUP "A" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "B" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "C" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "D" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "E" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "F" MATERIALS SUBTOTAL Manufacturer Delivery GROUP "G" MATERIALS SUBTOTAL Manufacturer Delivery Certification of Bid Exceptions TOTAL RECOMMENDED AWARD AMOUNT Ground Line Movement Unit Price Total Price Ground Line Movement Unit Price Total Price RS Technologies TransAmerican Power Products, Inc. $106,522.00 Y RS Technologies 6-10 weeks $44,492.88 RS Technologies 6-10 weeks $272,622.35 $55,840.00 TransAmerican Power Products 8-9 weeks $50,682.00 TransAmerican Power Products 8-9 weeks $317,115.23 Y Electronic Funds Discount - 1% Prompt Payment Discount - 2% Page 9 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-495 Name:Northgate/Southwood Wastewater Capacity Study Status:Type:Contract Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding a professional services contract with InterraHydro, Inc. in the amount of $184,815.50 for an investigative study of wastewater collection system capacity in the Northgate and Southwood Valley areas. Sponsors:David Coleman Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a professional services contract with InterraHydro, Inc. in the amount of $184,815.50 for an investigative study of wastewater collection system capacity in the Northgate and Southwood Valley areas. Relationship to Strategic Goals: ··Core Services and Infrastructure Recommendation: Staff recommends approval Summary:The Water Services Department routinely monitors the flow levels in the wastewater collection system, and excessive flows during rain events have been detected in the Northgate and Southwood Valley sewer shed areas. The sources of this inflow must be identified and corrected, to regain the capacity in the sewer mains and lift stations in these areas. This project will identify potential pipe failures, hydraulic capacity issues, and possible illegal connections with a combination of flow evaluation, infrastructure inspection, smoke tests, and data analysis leading to engineering recommendations to correct critical defects. In addition, rehabilitation projects will be identified and prioritized for the Capital Improvements Plan. InterraHydro, Inc. has previously performed analysis/evaluation on other wastewater basins in College Station and has demonstrated strict adherence to analysis specifications and high quality standards. InterraHydro, Inc is highly qualified to perform this study, and has negotiated a fair price for the work. Therefore, staff is recommending award to InterraHydro Inc. Budget and Financial Summary: Funds are budgeted and available in the Wastewater Operating College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-495,Version:1 Fund. Reviewed and Approved by Legal: Yes. Attachments: None. Contract document available in City Secretary’s office. College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-496 Name:Effluent Purchase Agreement with Apache Corporation Status:Type:Contract Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding a reclaimed water supply agreement with Apache Corporation. Sponsors:David Coleman Indexes: Code sections: Attachments:Reclaimed Water Supply Agreement with Apache Corp_5-29-14.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a reclaimed water supply agreement with Apache Corporation. Relationship to Strategic Goals: ··Core Services and Infrastructure ··Diverse Growing Economy Recommendation:Staff recommends approval of this reclaimed water supply agreement. Summary:Apache Corporation will be drilling and fracking a large number of oil wells in the region immediately east of the Carters Creek Wastewater Treatment Plant. Apache expects these operations will last two years, but may extend for several years beyond that. Apache Corporation’s desire is to avoid using potable water for their operations, and have requested to purchase treated wastewater effluent (reclaimed water) from the City. Staff has negotiated a proposed contract with Apache whereby Apache will pay all costs to construct and operate a pump station adjacent the Carters Creek Plant that will withdraw effluent (reclaimed water) from the final basin of the treatment process, and transport it via pipeline across the Creek to various storage ponds they will construct on private property. The City will provide a firm supply of 3 million gallons per day, which can be increased to 5 if adequate surplus flow exists. Apache will pay $2.50 per thousand gallons (the City's normal commercial rate for potable water is $2.49/thousand) and in the two-year initial term of the contract, at the full volume Apache expects to need, this rate is estimated to result in approximately $5 million of Water Fund revenue. The contract requires Apache to obtain a Permit from the Texas Commission on Environmental Quality to transport and use Type II Effluent, which has special treatment and handling requirements. City staff has already assisted Apache with the application for these permits, and they are expected College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-496,Version:1 to be approved soon. This contract will be an excellent revenue stream for the City, will promote economic growth in the Brazos Valley, and is an environmentally sound solution for Apache’s water needs. The City has full rights to sell this effluent, and the proposed agreement will not hinder any other existing obligations for this water. For these reasons, staff recommends approval. Budget & Financial Summary: Funds received from this agreement will go into the Water Fund. Reviewed and Approved by Legal:Yes Attachment: Reclaimed Water Supply Agreement College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-502 Name:Interdepartmental Transfer Coversheet Status:Type:Presentation Consent Agenda File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding approval of budget transfers between several departments within the General Fund. Sponsors:Jeff Kersten Indexes: Code sections: Attachments:Community Services Salaries&Benefits.pdf Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding approval of budget transfers between several departments within the General Fund. Relationship to Strategic Goals: 1. Good Governance Recommendation:Staff recommends approval of budget transfers between several departments within the General Fund. Summary: Earlier this fiscal year, some organizational changes were made. These included the creation of the Community Services Department within General Government. The Community Services Department is responsible for Community Services Administration, Community Development, Code Enforcement and the Northgate District Management functions. These areas were previously part of the Planning and Development Services Department. This request is for Council approval of the transfer of the corresponding FY14 budget for Community Services Administration and for the General Fund funded Code Enforcement division from the Planning and Development Services Department to the Community Services Department. These budget transfers total $174,253. The organizational changes also included the transfer of the Neighborhood Services function from Planning and Development Services Department to the Public Communications Department within General Government. This request is for Council approval of the transfer of the corresponding FY14 budget for this division from Planning and Development Services to Public Communications. This budget transfer totals $88,982. This request is coming before Council because when budget adjustments (transfers) are made between departments within the General Fund, Council approval is required. College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-502,Version:1 Budget & Financial Summary:There will be no net impact on the FY14 budget as a result of these budget transfers as they reflect only the shift of budget between departments. Reviewed and Approved by Legal:Yes. College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ 5/23/2014 4:29 PM 1 OF 2 O:\Admin\Council _Cover Sheets\FY 2014\2014 06.12\Budget Transfer\ Community Services Salaries&Benefits.xlsx DEPARTMENT ACCOUNT #DESCRIPTION BUDGET TF IN BUDGET TF OUT EMPLOYEE Community Services - Admin 001-1021-575.11-11 Salaries: Fulltime Labor 24,180 Browder/Piscacek Community Services - Admin 001-1021-575.12-10 Benefits: FICA 1,849 Browder/Piscacek Community Services - Admin 001-1021-575.12-20 Benefits: Retirement 3,272 Browder/Piscacek Community Services - Admin 001-1021-575.12-30 Benefits: Group Health 4,290 Browder/Piscacek Community Services - Admin 001-1021-575.12-31 Benefits: Group Life Ins 71 Browder/Piscacek Community Services - Admin 001-1021-575.12-40 Benefits: Workers Comp 25 Browder/Piscacek Community Services - Admin 001-1021-575.12-50 Benefits: Unemploy Comp 20 Browder/Piscacek Community Services - Admin 001-1021-575.63-10 TRAINING: TRAVEL/LODGING 1,037 Browder/Piscacek Community Services - Admin 001-1021-575.63-11 TRAINING: OUTSIDE TRNG.840 Browder/Piscacek Planning & Development 001-4363-577.11-11 Salaries: Fulltime Labor (24,180) Browder/Piscacek Planning & Development 001-4363-577.12-10 Benefits: FICA (1,849) Browder/Piscacek Planning & Development 001-4363-577.12-20 Benefits: Retirement (3,272) Browder/Piscacek Planning & Development 001-4363-577.12-30 Benefits: Group Health (4,290) Browder/Piscacek Planning & Development 001-4363-577.12-31 Benefits: Group Life Ins (71) Browder/Piscacek Planning & Development 001-4363-577.12-40 Benefits: Workers Comp (25) Browder/Piscacek Planning & Development 001-4363-577.12-50 Benefits: Unemploy Comp (20) Browder/Piscacek Planning & Development 001-4363-577.63-10 TRAINING: TRAVEL/LODGING (1,037) Browder/Piscacek Planning & Development 001-4363-577.63-11 TRAINING: OUTSIDE TRNG.(840) Browder/Piscacek Community Services - Admin 001-1021-575.11-10 Salaries: Supervisory 76,403 Eller Community Services - Admin 001-1021-575.12-10 Benefits: FICA 5,845 Eller Community Services - Admin 001-1021-575.12-20 Benefits: Retirement 10,337 Eller Community Services - Admin 001-1021-575.12-30 Benefits: Group Health 8,580 Eller Community Services - Admin 001-1021-575.12-31 Benefits: Group Life Ins 228 Eller Community Services - Admin 001-1021-575.12-40 Benefits: Workers Comp 78 Eller Community Services - Admin 001-1021-575.12-50 Benefits: Unemploy Comp 40 Eller Community Services - Admin 001-1021-575.12-70 Car Allowance 3,610 Eller Planning & Development 001-4360-571.11-10 Salaries: Supervisory (76,403) Eller Planning & Development 001-4360-571.12-10 Benefits: FICA (5,845) Eller Planning & Development 001-4360-571.12-20 Benefits: Retirement (10,337) Eller Planning & Development 001-4360-571.12-30 Benefits: Group Health (8,580) Eller Planning & Development 001-4360-571.12-31 Benefits: Group Life Ins (228) Eller Planning & Development 001-4360-571.12-40 Benefits: Workers Comp (78) Eller Planning & Development 001-4360-571.12-50 Benefits: Unemploy Comp (40) Eller Planning & Development 001-4360-571.12-70 Car Allowance (3,610) Eller Public Communications 001-1016-529.11-11 Salaries: Fulltime Labor 53,525 Moore Public Communications 001-1016-529.12-10 Benefits: FICA 3,682 Moore Public Communications 001-1016-529.12-20 Benefits: Retirement 7,213 Moore Public Communications 001-1016-529.12-30 Benefits: Group Health 8,376 Moore Public Communications 001-1016-529.12-31 Benefits: Group Life Ins 154 Moore Public Communications 001-1016-529.12-40 Benefits: Workers Comp 54 Moore Public Communications 001-1016-529.12-50 Benefits: Unemploy Comp 40 Moore Public Communications 001-1016-529.21-10 Office Supplies: General 500 Moore Public Communications 001-1016-529.21-20 Office Supplies: Educate 1,000 Moore Public Communications 001-1016-529.21-71 Computer Software 500 Moore Public Communications 001-1016-529.24-30 Misc Suppl:Promo Material 500 Moore Public Communications 001-1016-529.24-31 Misc Suppl: : Goodwill 5,067 Moore Public Communications 001-1016-529.24-32 Misc Suppl: Food And Ice 2,555 Moore Public Communications 001-1016-529.51-50 Util Serv: Local Phone 52 Moore Public Communications 001-1016-529.51-51 Util Serv:Lng Dist Phone 79 Moore Public Communications 001-1016-529.61-10 Insurance: Premium 629 Moore Public Communications 001-1016-529.62-30 Advertise: Promotional 1,000 Moore Public Communications 001-1016-529.63-10 Training: Travel/Lodging 1,000 Moore Public Communications 001-1016-529.63-11 Training: Outside Trng 500 Moore Public Communications 001-1016-529.63-20 Training: Inhouse Trng 250 Moore Public Communications 001-1016-529.63-30 Training: Memberships 250 Moore Public Communications 001-1016-529.65-12 Printing: External 1,000 Moore Public Communications 001-1016-529.67-40 Sundry: Postage 1,056 Moore Planning & Development 001-4364-529.11-11 Salaries: Fulltime Labor (53,525) Moore Planning & Development 001-4364-529.12-10 Benefits: FICA (3,682) Moore Planning & Development 001-4364-529.12-20 Benefits: Retirement (7,213) Moore Planning & Development 001-4364-529.12-30 Benefits: Group Health (8,376) Moore Planning & Development 001-4364-529.12-31 Benefits: Group Life Ins (154) Moore Planning & Development 001-4364-529.12-40 Benefits: Workers Comp (54) Moore Planning & Development 001-4364-529.12-50 Benefits: Unemploy Comp (40) Moore Planning & Development 001-4364-529.21-10 Office Supplies: General (500) Moore Planning & Development 001-4364-529.21-20 Office Supplies: Educate (1,000) Moore Planning & Development 001-4364-529.21-71 Computer Software (500) Moore Planning & Development 001-4364-529.24-30 Misc Suppl:Promo Material (500) Moore COMMUNITY SERVICES, P&DS, & COMMUNICATIONS FY14 BUDGET TRANSFERS 5/23/2014 4:29 PM 2 OF 2 O:\Admin\Council _Cover Sheets\FY 2014\2014 06.12\Budget Transfer\ Community Services Salaries&Benefits.xlsx Planning & Development 001-4364-529.24-31 Misc Suppl: : Goodwill (5,067) Moore Planning & Development 001-4364-529.24-32 Misc Suppl: Food And Ice (2,555) Moore Planning & Development 001-4364-529.51-50 Util Serv: Local Phone (52) Moore Planning & Development 001-4364-529.51-51 Util Serv:Lng Dist Phone (79) Moore Planning & Development 001-4364-529.61-10 Insurance: Premium (629) Moore Planning & Development 001-4364-529.62-30 Advertise: Promotional (1,000) Moore Planning & Development 001-4364-529.63-10 Training: Travel/Lodging (1,000) Moore Planning & Development 001-4364-529.63-11 Training: Outside Trng (500) Moore Planning & Development 001-4364-529.63-20 Training: Inhouse Trng (250) Moore Planning & Development 001-4364-529.63-30 Training: Memberships (250) Moore Planning & Development 001-4364-529.65-12 Printing: External (1,000) Moore Planning & Development 001-4364-529.67-40 Sundry: Postage (1,056) Moore Community Services - Admin 001-1021-575.11-11 Salaries: Fulltime Labor 24,048 Sharp Community Services - Admin 001-1021-575.12-10 Benefits: FICA 1,840 Sharp Community Services - Admin 001-1021-575.12-20 Benefits: Retirement 3,254 Sharp Community Services - Admin 001-1021-575.12-30 Benefits: Group Health 4,290 Sharp Community Services - Admin 001-1021-575.12-31 Benefits: Group Life Ins 72 Sharp Community Services - Admin 001-1021-575.12-40 Benefits: Workers Comp 24 Sharp Community Services - Admin 001-1021-575.12-50 Benefits: Unemploy Comp 20 Sharp Planning & Development 001-4362-579.11-11 Salaries: Fulltime Labor (24,048) Sharp Planning & Development 001-4362-579.12-10 Benefits: FICA (1,840) Sharp Planning & Development 001-4362-579.12-20 Benefits: Retirement (3,254) Sharp Planning & Development 001-4362-579.12-30 Benefits: Group Health (4,290) Sharp Planning & Development 001-4362-579.12-31 Benefits: Group Life Ins (72) Sharp Planning & Development 001-4362-579.12-40 Benefits: Workers Comp (24) Sharp Planning & Development 001-4362-579.12-50 Benefits: Unemploy Comp (20) Sharp GRAND TOTAL 263,235 (263,235) Department Tf In Tf Out Planning & Development (35,584) Planning & Development (105,121) Planning & Development (33,548) Community Services - Admin 35,584 Community Services - Admin 105,121 Community Services - Admin 33,548 Subtotal 174,253 (174,253) Public Communications 88,982 Planning & Development (88,982) Grand Total 263,235 (263,235) 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-473 Name:Turner Tract Rezoning Status:Type:Rezoning Agenda Ready File created:In control:5/22/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Public hearing, presentation, discussion, and possible action regarding an amendment to Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban and T Townhouse for an approximate 21.8 acre tract of land in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 22.97 acre tract as described by a deed to Charles I. Turner and Mary E. Turner recorded in Volume 3331, Page 61 of the Official Public Records of Brazos County, Texas, generally located at 3270 Rock Prairie Road West. Sponsors:Morgan Hester Indexes: Code sections: Attachments:Background Information.pdf Aerial & SAM.pdf Ordinance.pdf Action ByDate Action ResultVer. Public hearing, presentation, discussion, and possible action regarding an amendment to Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to GS General Suburban and T Townhouse for an approximate 21.8 acre tract of land in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 22.97 acre tract as described by a deed to Charles I. Turner and Mary E. Turner recorded in Volume 3331, Page 61 of the Official Public Records of Brazos County, Texas, generally located at 3270 Rock Prairie Road West. Relationship to Strategic Goals:Diverse Growing Economy Recommendation(s):The Planning and Zoning Commission considered this item at their May 15, 2014 meeting and voted 5-0 to recommend approval of the rezoning. Summary:This request is to rezone the property from R Rural to T Townhouse and GS General Suburban. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1.Consistency with the Comprehensive Plan: The subject area is designated as Urban on the College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-473,Version:1 Comprehensive Plan Future Land Use and Character Map. This area is located in Growth Area V which calls for high-density single-family lots, townhomes, and duplexes for this area. 2.Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The current zoning of R Rural is not compatible with the density present in the adjacent single-family residential developments of The Barracks II and Buena Vida. The proposed rezoning of GS General Suburban and T Townhouse will allow for single-family residential and townhome development. 3.Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The current zoning designation of R Rural allows for large-lot single-family development or agricultural use of the land but is not compatible with the land use designation for this area. A rezoning is necessary to meet the property owner’s intent to develop the property for a more dense single-family development. 4.Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The current zoning allows for large-lot single-family residential use. This property is located adjacent to Rock Prairie Road West, a two-land major collector, and a rezoning is necessary to allow for a higher density single-family residential development. 5.Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The applicant states that due to the density of single-family development adjacent to this property and the requirement to construct a minor collector, the R Rural zoning classification limits the marketability of the property. 6.Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract is located in Wellborn Water’s service area. Development of the tract will have to meet the City’s fire flow requirements. There are 6-inch and 8-inch sanitary sewer lines adjacent to the tract which will need to be extended according to City Guidelines. The site is located in the Steeplechase Sanitary Sewer Impact Fee Area. The subject tract is located in the Bee Creek Tributary “B” drainage basin and drains generally to the north. Future development of the tract will have to meet the requirements of City Storm Water Design Guidelines. The property is located adjacent to Rock Prairie Road, a two- lane major collector. The future extension of Towers Parkway, a two-lane minor collector, is adjacent to a portion of the site and will have to be built with future development of the tract. Budget & Financial Summary:N/A Reviewed and Approved by Legal:Yes Attachments: 1.Background Information 2.Aerial & Small Area Map (SAM) 3.Ordinance College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ Background information NOTIFICATIONS Advertised Commission Hearing Date: May 15, 2014 Advertised Council Hearing Dates: June 12, 2014 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: The Barracks at Rock Prairie Owners Association, Inc Property owner notices mailed: Sixty-one Contacts in support: None at the time of the report. Contacts in opposition: None at the time of the report. Inquiry contacts: Two ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North General Suburban PDD Planned Development District The Barracks II Subdivision South (across Rock Prairie Road West) Urban N/A (ETJ) Single-family residential and vacant East General Suburban GS General Suburban Buena Vida Subdivision West Urban N/A (ETJ) Vacant DEVELOPMENT HISTORY Annexation: March 2008 Zoning: R Rural Final Plat: Unplatted Site development: Horse stables ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO GS GENERAL SUBURBAN AND T TOWNHOUSE FOR AN APPROXIMATE 21.8 ACRE TRACT OF LAND IN THE CRAWFORD BURNETT LEAGUE, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A PORTION OF THE REMAINDER OF A CALLED 22.97 ACRE TRACT AS DESCRIBED BY DEED TO CHARLES I. TURNER AND MARY E. TURNER RECORDED IN VOLUME 3331, PAGE 61 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS, GENERALLY LOCATED AT 3270 ROCK PRAIRIE ROAD WEST. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and “B”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12th day of June, 2014 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary ORDINANCE NO.__________________ Page 2 APPROVED: _______________________________ City Attorney ORDINANCE NO.__________________ Page 3 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to T Townhouse: ORDINANCE NO.__________________ Page 4 ORDINANCE NO.__________________ Page 5 The following property is rezoned from R Rural to GS General Suburban: ORDINANCE NO.__________________ Page 6 ORDINANCE NO.__________________ Page 7 EXHIBIT “B” 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-492 Name:Traditions Montessori School Rezoning Status:Type:Rezoning Agenda Ready File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Public hearing, presentation, discussion, and possible action regarding an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by rezoning an approximate 2.961 acre tract of land in the Robertson Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas; said tract being the same tract of land called 2.961 acres as described by deed to Aggie Assets, LLC, recorded in Volume 8070, Page 226, of the Official Public Records of Brazos County, Texas, and generally located at 2668 Barron Road from R Rural to GS General Suburban. Sponsors:Jenifer Paz Indexes: Code sections: Attachments:Background Information.pdf Aerial & SAM.pdf Ordinance.pdf Action ByDate Action ResultVer. Public hearing, presentation, discussion, and possible action regarding an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by rezoning an approximate 2.961 acre tract of land in the Robertson Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas; said tract being the same tract of land called 2.961 acres as described by deed to Aggie Assets, LLC, recorded in Volume 8070, Page 226, of the Official Public Records of Brazos County, Texas, and generally located at 2668 Barron Road from R Rural to GS General Suburban. Relationship to Strategic Goals:Diverse Growing Economy Recommendation(s):The Planning and Zoning Commission will be considering this item at their June 5, 2014 meeting. The Commission's recommendation will be provided at the City Council meeting. Staff recommends approval. Summary:This request is to rezone the property from R Rural to GS General Suburban. The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The subject property is designated as General Suburban on the Future Land Use and Character Map. The proposed rezoning is consistent with this designation. College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-492,Version:1 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The proposed rezoning would allow for the subdivision of the property and the development of single-family residential, which is intended for areas designated General Suburban in the Comprehensive Plan. The current zoning does not allow for further subdivision of this tract as it must be a minimum of three acres. The adjacent tracts to the west and north are zoned GS General Suburban and are being Preliminary Planned for Barron Crest Subdivision. A portion of this tract will be subdivided to be incorporated into Barron Crest Subdivision. Adjacent properties to the north, east and west are also designated General Suburban. 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: The proposed rezoning for uses permitted by the district is appropriate for this area given the character of the surrounding properties and compliance with the Comprehensive Plan. The property would be allowed to subdivide to allow for the smaller lot size. 4. Suitability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: The current R Rural zoning would not allow for further subdivision or the development of the Barron Crest Subdivision to extend into this tract. The proposed zoning would enable this to occur and is in line with the vision of the Comprehensive Plan. 5. Marketability of the property affected by the amendment for uses permitted by the district applicable to the property at the time of the proposed amendment: Under the current zoning district the property is limited in density. The proposed zoning would allow for the development of single-family residential subdivision that is being sought to continue Barron Crest Subdivision. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract is located in College Station's water and wastewater service area. Currently, the property has access to water and wastewater. The tract has frontage to Barron Road, which is on the Thoroughfare Plan as a four-lane Minor Arterial. Any future development of the tract will be required to meet the City's fire flow requirements. Budget & Financial Summary:N/A Reviewed and Approved by Legal:Yes Attachments: 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Ordinance College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ Traditions Montessori School Rezoning Background Information NOTIFICATIONS Advertised Commission Hearing Date: June 5, 2014 Advertised Council Hearing Dates: June 12, 2014 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: Edelweiss Gartens HOA Sonoma HOA Property owner notices mailed: 14 Contacts in support: None at the time of the report. Contacts in opposition: None at the time of the report. Inquiry contacts: None at the time of the report. ADJACENT LAND USES Direction Comprehensive Zoning Land Use North General Suburban GS General Suburban Single-Family Residential – Future Barron Crest Subdivision (Unplatted) South General Suburban GS General Suburban & Rural Single-Family Residential – Sonoma Subdivision; School – College Station High School East General Suburban R Rural Single-family residential (Unplatted) West General Suburban GS General Suburban Single-Family Residential – Future Barron Crest Subdivision (Unplatted) DEVELOPMENT HISTORY Annexation: June 1995 Zoning: A-O Agricultural Open upon annexation A-O Agricultural Open renamed to R Rural (2013) Final Plat: The property is currently unplatted. Site development: Single-family home being converted into private school (Traditions Montessori School) ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 12, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 12-4.2, “OFFICIAL ZONING MAP,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM R RURAL TO GS SUBURBAN FOR AN APPROXIMATE 2.961 ACRE TRACT OF LAND IN THE ROBERT STEPHENSON LEAGUE, ABSTRACT NO, 54, COLLEGE STATION, BRAZOS COUNTY, TEXAS; SAID TRACT BEING THE SAME TRACT OF LAND CALLED 2.961 ACRES AS DESCRIBED BY DEED TO AGGIE ASSETS, LLC, RECORDED IN VOLUME 8070, PAGE 226 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” and “B”, attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12th day of June, 2014 APPROVED: ____________________________________ MAYOR ATTEST: _______________________________ City Secretary APPROVED: _______________________________ City Attorney ORDINANCE NO.__________________ Page 2 EXHIBIT “A” That Chapter 12, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from R Rural to GS General Suburban: ORDINANCE NO.__________________ Page 3 EXHIBIT “B” 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-500 Name:Drainage & Public Utility Easement Abandonment - 511 University Drive East Status:Type:Ordinance Agenda Ready File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance vacating and abandoning a 574.6-square foot drainage and public utility easement on Lot 2, Block F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas, located at 511 University Drive East. Sponsors:Alan Gibbs Indexes: Code sections: Attachments:Vicinity Map.pdf Location Map.pdf Ordinance.pdf Exhibit A.pdf Action ByDate Action ResultVer. Public Hearing, presentation, possible action, and discussion regarding an ordinance vacating and abandoning a 574.6-square foot drainage and public utility easement on Lot 2, Block F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas, located at 511 University Drive East. Relationship to Strategic Goals: ··Core Services and Infrastructure ··Diverse Growing Economy Recommendation(s): Staff recommends approval of the ordinance. Summary: This ordinance abandons a 574.6 square foot drainage and public utility easement located on Lot 2, Block F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas. This easement abandonment accommodates the improvements planned for the existing commercial building located at 511 University Drive East. There are no public or private utilities in the subject portion of easement to be abandoned. Budget & Financial Summary: N/A College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-500,Version:1 Attachments: 1.Vicinity Map 2.Location Map 3.Ordinance 4.Exhibit "A" College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ Proposed 574.6-s.f. Drainage & PUE Abandonment COONER STSUNNY LNPEYTON STMACARTHUR ST ARGUELLO DR NIMITZ ST BANKS STCHAPPEL STCHIMNEY HILL DRUNIVERSITY DR ETARROW ST ± Vicinity Map Proposed 574.6-s.f. Drainage & PUE Abandonment2"6"8"2"6"2"6" 6" 6"6"6"6"6"12"8" 6"6"6"COONER STMACARTHUR ST UNIVERSITY DR E6" Locatio n Map ± ORDINANCE NO. _________________ AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 574.6 SQUARE FOOT DRAINAGE AND PUBLIC UTILITY EASEMENT LOCATED ON LOT 2, BLOCK F OF THE COLLEGE HEIGHTS ADDITION SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 466, PAGE 145 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. WHEREAS, the City of College Station, Texas, has received an application for the vacation and abandonment of a 574.6-square foot drainage and public utility easement on Lot 2, Block F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas , as described in Exhibit “A” attached hereto (such portions collectively hereinafter referred to as the “Easement”); and WHEREAS, in order for the Easement to be vacated and abandoned by the City Council of the City of College Station, Texas, the City Council must make certain affirmative findings; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That after opening and closing a public hearing, the City Council finds the following pertaining to the vacating and abandoning of the Easement in the manner and as described in Exhibit "A" attached hereto and made a part of this ordinance for all purposes. 1. Abandonment of the 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 Easement; 3. There is no anticipated future public need or use for the Easement; 4. Abandonment of the Easement will not impact access for all public utilities to serve current and future customers; PART 2: That the Easement described above and in Exhibit “A” attached hereto be abandoned and vacated by the City. ORDINANCE NO. __________________ Page 2 PASSED, ADOPTED and APPROVED this _______ day of _________________, 2014. APPROVED: ____________________________________ Mayor ATTEST: ______________________________ City Secretary APPROVED: ______________________________ City Attorney 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-493 Name:Rental Registration Ordinance Status:Type:Ordinance Agenda Ready File created:In control:5/23/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 4, "Business Regulations", Section 4-19, "Rental registration of single-family and duplex dwelling units" of the Code of Ordinances of the City of College Station by including administrative penalties, requiring a notarized affidavit, and authorizing the administrator to request a copy of the lease. Sponsors:Lance Simms Indexes: Code sections: Attachments:Exhibit A - Rental Registration Ordinance 6-3-2014.pdf Rental Registration Ordinance 6-3-2014.pdf Action ByDate Action ResultVer. Public Hearing,presentation, possible action, and discussion regarding an ordinance amending Chapter 4, "Business Regulations", Section 4-19, "Rental registration of single-family and duplex dwelling units" of the Code of Ordinances of the City of College Station by including administrative penalties, requiring a notarized affidavit, and authorizing the administrator to request a copy of the lease. Relationship to Strategic Goals: ··Neighborhood Integrity Recommendation(s): Staff recommends approval Summary: This ordinance amends the existing rental registration ordinance by including the following: · An administrative penalty (citation) provision, · A requirement that the a notarized affidavit be provided as part of the registration, and · A requirement that a copy of the current lease(s) be provided upon request The rental registration program has been the subject of much discussion by the City Council in recent months.In terms of outreach,the City conducted an on-line rental registration survey from late December 2013 until mid January 2014.The results of the on-line survey were presented to the City Council at their retreat in January.Council also directed staff to hold a series of focus group meetings to get feedback from various stakeholders.In February,staff met with a group of neighborhood representatives, rental property owners, and rental property managers. College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-493,Version:1 At the Council's workshop meeting on April 10 th ,staff presented a series of recommended changes to the rental registration ordinance.Following the discussion,Council directed staff to make the changes contained in the attached ordinance. Budget & Financial Summary: "Effective enforcement of this ordinance will require additional resources. While some of the anticipated workload may be absorbed within current budgets, it is anticipated that additional code enforcement personnel will be requested as part of the FY '15 budget process." Attachments: Ordinance College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™ Page 1 of 4 EXHIBIT “A” That Chapter 4, “Business Regulations,” Section 4.19, “RENTAL REGISTRATION OF SINGLE- FAMILY AND DUPLEX DWELLING UNITS”, of the Code of Ordinances of the Code of the City of College Station, Texas, is hereby amended as set out hereafter to read as follows: “SECTION 19: RENTAL REGISTRATION OF SINGLE-FAMILY AND DUPLEX DWELLING UNITS A. PURPOSE The purpose of this Section is to establish a registration requirement for owners of Rental Properties so that the City may expeditiously identify and contact the Owner, if local, or his local contact person to obtain tenant information in the event of an emergency or when a disproportionate number of city, state or federal law violations have occurred on or in the property. It is not the intent of this section to determine the rights and liabilities of persons under agreements to which the City is not a party. This section shall not be construed to alter the terms of any lease or other agreement between a landlord and a tenant or others relating to property that is the subject of this section; provided that no provision of any lease or other agreement shall be construed to excuse non-compliance with this section. B. DEFINITIONS (1) Administrator: The City Manager or his designee (2) Rental Property: Any single-family or duplex dwelling unit that is not owner occupied, whether or not rent is charged. Rental Property includes, but is not limited to: properties rented to students, families, or any other persons; properties in which a family member of the owner resides in the home but the owner does not (regardless of whether additional persons also reside in the home); properties used as vacation rentals or game-day rentals, and properties where a property caretaker lives in the home but the owner does not. (3) Duplex Dwelling: As defined in Article 11, “Definitions” of the Unified Development Ordinance. (4) Single-Family Dwelling: As defined in Article 11, “Definitions” of the Unified Development Ordinance. C. REGULATIONS (1) Each owner and real estate manager of Rental Property is required to annually register the property with the City. A new registration is also required upon any change in the conditions listed below: The information required to register the Rental Property is as follows: (a) Address of the Rental Property; Page 2 of 4 (b) Owner and contact information for the owner; (c) Type of rental property such as single-family or duplex; (d) Local contact person with contact information, in the case of an absentee owner. The local contact person cannot be someone who is listed on the lease. Local contact person cannot be someone who is listed on the lease. Local contact must reside within thirty (30) miles of the College Station City Hall; (e) Notarized affidavit stating that the Rental Property is not occupied by more than four unrelated individuals (“Family,” as defined in Article 11 of the Unified Development Ordinance, as amended) and will not be occupied by more than four unrelated individuals. The affidavit shall also state that the tenant(s) have been made aware of this definition of Family. The notarized affidavit shall be in a form acceptable to the Administrator; (2) Tenant names, contact information for all persons listed on the current lease(s), and all current lease(s) shall be presented to the Administrator upon request. (3) Other information shall likewise be provided, as deemed necessary by the Administrator. (4) A fee of Fifteen Dollars ($15.00) shall be assessed at the time of any required registration. D. ENFORCEMENT The Administrator shall have the authority to issue citations for the violation of the provisions of this Section. An individual’s signature on a copy of the citation given to him is acknowledgement of receipt of the same and a promise to contact the Administrator to either pay or arrange for the entry of a plea and a hearing, within ten (10) days of the date of the citation. Failure or refusal to sign shall be noted and a copy filed with the Administrator, as due and payable within ten (10) days, absent a timely appeal, the lack of signature notwithstanding. E. PENALTIES (1) Administrative penalties for code violations may be imposed, in addition to the criminal prosecution authorized by Section 1-5 of this Code. The following criteria shall be considered: (a) The extent to which the person has benefited from the violation; (b) The degree of harm to the public health, safety, welfare and aesthetics as a result of the violation; (c) The recidivism of the person, including previous compliance and enforcement action; (d) Good faith efforts to remedy the violation; (e) The duration of the violation after a notice and order of compliance was served. Page 3 of 4 (2) The amount of the citation shall be as follows: OFFENSE PAYMENT WITHIN 10 DAYS/ PAYMENT AFTER 10 DAYS First $180 / $200 Second $330 / $350 Third and Subsequent $480 / $500 (3) Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. F. VIOLATIONS a. It is a violation of this section to: (1) Fail to register a Rental Property when required by subsection 19C; (2) Fail to provide documents requested pursuant to subsection 19C(2) or 19C(3); (3) Provide false information to the Administrator under this Section; or (4) Continued non-compliance with this Section, after being found in noncompliance after either an administrative or judicial finding of noncompliance or plea of guilty. b. A plea of no contest shall be treated as a plea of guilty for purposes of this Section. G. ADMINISTRATIVE ADJUDICATION OF VIOLATIONS (1) A person who receives an administrative citation or summons under Section 19.E above is entitled to an administrative hearing. (2) The Administrator shall implement and enforce the provisions of this section, establishing necessary procedures consistent with this Section. (3) One (1) or more Hearing Officers shall be appointed by the Administrator to administratively adjudicate all violations for which an administrative citation or summons is issued. (4) A Hearing Officer shall have the authority to: (a) Administer oaths; (b) Accept admissions and hear and determine conte4sts of violations under this Section, and (c) Issue orders enforceable by the Municipal Court compelling the attendance of witnesses and the production of documents. (5) The administrative adjudication process is initiated by the issuance of an administrative citation or summons by a City Code Enforcement Officer or licenses Peace Officer. An administrative citation or summons serves as notice of administrative adjudication haring under this section. (6) An administrative citation or summons shall include the following information: (a) The nature, date, time and location of the alleged violation; Page 4 of 4 (b) A statement that a person charged with a civil offense under the City’s Code of Ordinances is entitled to an administrative adjudication hearing to determine liability for the charged offense and that such right to a hearing shall be exercised by personally appearing at College Station Municipal Court within ten (10) days from the date of the citation. (c) A notification that failure to answer the citation or to appear at the administrative adjudication hearing is considered an admission of liability for the violation and will result in the assessment of civil fines, costs and fees. (7) An administrative citation or summons may be served personally on the owner of the Rental Property or the owner’s legal registered agent. The citation or summons may be served by personal service, regular and/or certified mail. (8) The original or a copy of the citation, including an electronic copy is a governmental record kept in the ordinary course of City business and is rebuttable proof of the facts it contains. (9) The original and all copies of any administrative citation or summons are prima facie evidence that it was issued and that service was made in accordance with this Section.” ORDINANCE NO. ______________ AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS,” SECTION 4.19, “RENTAL REGISTRATION OF SINGLE-FAMILY AND DUPLEX DWELLING UNITS” 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. WHEREAS, Section 215.075 of the Texas Local Government Code authorizes home rule municipalities to regulate any lawful business or occupation that is subject to the police power of the municipality; and WHEREAS, Sections 51.001, 54.001 and 54.004 of the Texas Local Government Code authorizes home rule municipalities to enforce ordinances necessary to protect health, life, and property and to preserve the good government, order, and security of the municipality and its inhabitants; and WHEREAS, it is the purpose of this Ordinance and the policy of the City of College Station, so as to protect and promote the public health, safety, and welfare of its citizens, to establish rights and obligations of owners and occupants relating to Rental Properties; and WHEREAS, as a means to those ends, this Ordinance provides for registration of Rental Properties, and sets penalties for violations. It also sets forth requirements of all non-local owners of Rental Properties to designate a local agent for purposes of this Ordinance and prescribes duties of owners and agents; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 4, “Business Regulations,” Section 4.19, “Rental registration of single-family and duplex dwelling units” of the Code of Ordinances of the City of College Station be amended as set out in Exhibit “A”, attached hereto and made a part of this Ordinance for all purposes. PART 2: That if any provisions of any section of this Ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall ORDINANCE NO. ____________ 2 continue or be permitted to continue shall be deemed a separate offense. Said Ordinance becomes effective sixty (60) days after its date of passage by the City Council. PASSED, ADOPTED and APPROVED this _______day of _________________, 2014. ATTEST: APPROVED: __________________________ __________________________ City Secretary Mayor APPROVED: __________________________ City Attorney 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-506 Name:Oil & Gas Resource Development Status:Type:Presentation Agenda Ready File created:In control:5/27/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion regarding a presentation related to an overview and the associated potential economic impacts of oil and gas resource development. Sponsors:Chris Jarmon Indexes:Oil & Gas Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion regarding a presentation related to an overview and the associated potential economic impacts of oil and gas resource development. Relationship to Strategic Goals: (Select all that apply) ··Good Governance ··Financially Sustainable City ··Core Services and Infrastructure ··Neighborhood Integrity ··Diverse Growing Economy Recommendation(s): No action is necessary at this time. Summary: On April 10, 2014 Council requested a future agenda item related to oil and gas resource development. The first part of the request came before Council on May 12, 2014 as an update to the city's seismic ordinance. This is the second part of that request. Budget & Financial Summary: n/a Attachments: n/a College Station, TX Printed on 6/6/2014Page 1 of 1 powered by Legistar™ 1101 Texas Ave College Station, TX 77840College Station, TX Legislation Details (With Text) File #: Version:114-516 Name:2015 Bond Timeline Status:Type:Presentation Agenda Ready File created:In control:6/2/2014 City Council Regular On agenda:Final action:6/12/2014 Title:Presentation, possible action, and discussion on a tentative schedule for a 2015 bond election and the creation of a citizen advisory committee. Sponsors:Chuck Gilman Indexes:2015 Bond Code sections: Attachments: Action ByDate Action ResultVer. Presentation, possible action, and discussion on a tentative schedule for a 2015 bond election and the creation of a citizen advisory committee. Relationship to Strategic Goals: (Select all that apply) ··Core Services and Infrastructure ··Neighborhood Integrity ··Improving Mobility Recommendation(s): Staff recommends approval of the bond election schedule and a citizen advisory committee that consists of three subcommittees. Summary: During the City Council retreat in January 2014, the Council expressed an interest in a bond election in 2015 for infrastructure and facility capital improvement projects. The first step in this process is to develop a schedule and to establish the role of a citizen advisory committee. Staff has developed a preliminary schedule of activities and tasks that must be accomplished prior to the election. The schedule also includes meetings with Council appointed boards and commissions and meetings with the community at-large. At the end of this process, there will be a final list of recommended projects for Council to consider before the ballot language is adopted. One of the first tasks is the creation of a City Council appointed citizen advisory committee (CAC) to help identity and prioritize potential projects. Staff is recommending that the Council consider a CAC that consists of three subcommittees - Transportation, Parks, and Facilities. Allowing citizens to work in smaller subcommittees with a specific focus should increase the efficiency and effectiveness of the group. College Station, TX Printed on 6/6/2014Page 1 of 2 powered by Legistar™ File #:14-516,Version:1 Budget & Financial Summary: n/a Attachments: n/a College Station, TX Printed on 6/6/2014Page 2 of 2 powered by Legistar™