HomeMy WebLinkAbout11/10/2011 - Regular Agenda Packet - City Council (2)Table of Contents
Agenda 5
Consent No. 2a - Minutes
Revised Item 2a- Minutes 10
Oct 27 Workshop 11
Oct 27 Regular 16
Consent No. 2b - Juvenile Case Manager Ordinance
Revised Item 2b- Juvenile Case Manager Ordinance 21
Ordinance 22
Consent No. 2c - Contract Administration Procedures
Revised Item 2c- Contract Administration Procedures 26
Resolution 27
Consent No. 2d - Electric Utility Procurement Procedures
Revised Item 2d- Electric Utility Procurement
Procedures 30
Resolution 31
Consent No. 2e - Installation of Access and Security Equipment
Utility Customer Service and IT Building
Revised Item 2e- Installation of Access & Security
Equipment 36
Resolution 37
Consent No. 2f - Annual Reconfirmation for Texas A&M
University Nuclear Science Center
Revised Item 2f- Annual Reconfirmation of Nuclear
Science Center 38
Resolution 39
Consent No. 2g - Clinical Affiliation Agreement with College
Station Medical Center
Revised Item 2g- Clinical Affiliation Agreement 40
Resolution 41
Consent No. 2h - Project Number WF1223117 Dowling Road
High Service Pump Station Improvements
Revised Item 2h- Dowling Road High Service Pump
Station Improvements 42
Resolution 43
Bid Tabulation 44
Location Map 45
Consent No. 2i - Emerald Forest Park Site Improvements
Construction Contract Project Number PK0713
Revised Item 2i- Emerald Forest Park Site
Improvements 46
Resolution 47
Bid Tabulation 48
Location Map 50
1
Consent No. 2j - Project Number: ST-1101 Barron Road East-
Lakeway Drive Extension Project Preliminary Engineering
Report
Revised Item 2j- Barron Rd East Lakeway Drive
Extention Project Preliminary Engineering 51
Resolution 52
Location Map 53
Consent No. 2k - Rock Prairie Road East Widening Design and
ROW Project (ST0417)Real Estate Contract–Ritchey Parcel No.
33
Revised Item 2k- Road Prairie Road East Widening
Design 54
Location Map 55
Consent No. 2L - Rock Prairie Road West Preliminary
Engineering Report Professional Services Contract Change
Order Project Number ST1025
Revised Item 2L- Rock Prairie Road West Preliminary
Engineering Report 56
Change Order 57
Location Map 58
Consent No. 2m - Project Number ST-1026 Barron Road
Widening Phase 2 Professional Services Change Order
Revised Item 2m- Barron Road Widening Phase 2 59
Change Order 61
Location Map 62
Consent No. 2n - Annual Purchases of Oils and Lubricants
Revised Item 2n- Annual Purchases of Oil & Lubricants 63
Bid Tab Sheet 64
Consent No. 2o - Additional Expenditures for Diesel and Gas
Purchases
Revised Item 2o- Annual Expenditures for Diesel & Gas
Expenditures 65
Consent No. 2p - Renewal Agreement for Printing and Mailing
of Utility Bills and Inserts
Revised Item 2p- Renewal Agreement for Printing &
Mailing 66
Renewal 67
Consent No. 2q - Asset Forfeiture Audit Reporting Form
Revised Item 2q- Assett Forfeiture Audit Reporting
Form 69
FY 11 Seizure Report 70
Consent No. 2r - nnual purchase of EMS supplies.
Revised Item 2r- Annual Purchase of EMS Supplies 79
Consent No. 2s - Purchase of Consoles and Hardware for Utility
Dispatch Center
Revised Item 2s- Purchase of Consoles & Hardware 80
College Station Utilities TXMAS Proposal October
2011_1 81
2
Consent No. 2t - Bee Creek IV & V Project Closeout Change
Order
Revised Item 2t- Bee Creek IV & V Project Closeout CO 83
Change Order 85
Location Map 86
Consent No. 2u - Real Estate Appraisal Services Contract
Renewal
Revised Item 2u- Real Estate Appraisal Services 87
Holtkamp Renewal 88
Lovett Renewal 89
Consent No. 2v - Reserve Fuel Interlocal Agreement
Revised Item 2v- Reserve Fuel Interlocal Agreement 90
ILA 91
Consent No. 2w - Interlocal Agreement with Brazos County for
On-Line Bidding
Revised Item 2w- ILA with Brazos County for On-line
Bidding 95
ILA 96
Consent No. 2x - Interlocal Agreement with San Jacinto River
Authority for On-Line Bidding
Revised Item 2x- ILA with San Jacinto River Authority 101
ILA 102
Consent No. 2y - Microsoft Enterprise Software Agreement with
Dell
Revised Item 2y- Microsoft Enterprise Software
Agreement 106
Microsoft Enterprise Enrollment Form 107
Consent No. 2z - Bee Creek Sewer Line Professional Services
Contract Project Number WF1369909
Revised Item 2z- Bee Creek Sewer Line Professional
Services 119
Resolution 120
Map 1 121
Map 2 122
Map 3 123
Map 4 124
Consent No. 2aa - Wolf Pen Creek Water Feature and Festival
Area Rejection of Request for Proposal No. 11-35
Revised Item 2aa- Wolf Pen Creek Water Feature &
Festival Area 125
Consent No. 2bb - Green College Station Citizens Task Force
Charge and Dissolution
Revised Item 2bb - Green CS Citizen Taskforce 126
Attachment 1- Res. 1-28-08 2o 127
Attachement 2- Resolution to Dissolve 129
Regular No. 1 - Rezoning for 2041 Holleman Drive West
Revised Item 1- Rezoning Holleman Drive West 130
Background 132
3
Map and Photo 133
P&Z Minutes 135
Ordinance 136
Regular No. 2 - Rezoning for 6100 Victoria Avenue
Revised Item 2- Rezoning Victoria Avenue 140
Background 142
map and Photo 143
P&Z Minutes 145
Ordinance 146
Regular No. 3 - Animal Shelter
Revised Item 3- Board Appointment 160
Bylaws 161
4
Mayor
Nancy Berry
Mayor Pro Tem
Dave Ruesink
City Manager
David Neeley
Council members
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie M. Schultz
Amended Agenda
College Station City Council
Regular Meeting
Thursday, November 10,201 1 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
' College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentations and Recognitions:
*:* Presentation of Historical Marker #6 presented to College Hills Baptist Church.
*:* Presentation of the International Association of Chiefs of Police Thomson Reuters Award for
Excellence in Criminal Investigations.
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 afier 2 112 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
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor's reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed fiom the consent agenda by majority vote of the
Council.
a.Presentation, possible action, and discussion of minutes for:
October 27,201 1 Workshop and Regular Council Meeting
City Council Regular Meeting Page 2
Thursday, November 10,20 1 1
b.Presentation, possible action and discussion to adopt an ordinance amending Chapter 10, "Traffic Code"
Section 9, "Juvenile Case Manager", of the Code of Ordinances of the City of College Station, Texas, by
amending certain sections, providing a severability clause; declaring a penalty; and providing an effective
date.
c.Presentation, possible action, and discussion regarding a resolution amending certain provisions of the
City's Standard Form of Construction Agreement for over $50,000 and Architects and Engineering
Professional Services Contract; and granting authority to the City Manager to act on behalf of the City,
including issuing approvals for contract changes pursuant to certain statutory provisions; and providing an
effective date.
d.Presentation, possible action, and discussion on a resolution adopting procurement procedures to be used
by College Station Utilities for expenditures; and providing an effective date.
e.Presentation, possible action, and discussion regarding the approval of a construction contract (Contract
#l1-356) with Siemens Industry Inc. in the amount of $65,621 .OO for the installation of access and security
equipment at the College Station Utility Customer Service and IT Building.
f. Presentation, possible action and discussion regarding the approval of a resolution for the Annual
Reconfirmation and use of Service and Equipment to be provided by the City of College Station in the Event
of a Radiological Incident at the Texas A&M University Nuclear Science Center.
g.Presentation, possible action and discussion regarding the approval of a resolution to participate in a
Clinical Affiliation Agreement with the College Station Medical Center for the Emergency Medical Services
Program.
h.Presentation, possible action, and discussion regarding a construction contract with Dudley Construction,
Ltd., in the amount of $2,978,060.00, for the construction of Dowling Road High Service Pump Station
Improvements.
i. Presentation, possible action and discussion on awarding a Construction Contract (12-012) to JaCody, Inc.
in the amount of $130,3 17.94 for the Emerald Forest Park Site Improvements Project.
j. Presentation, possible action, and discussion on a Professional Services Contract with Mitchell & Morgan,
LLP in the amount of $59,106.08.00 for the Preliminary Engineering Report related to the Barron Road East-
Lakeway Drive Extension Project.
k.Presentation, possible action, and discussion regarding approval of a real estate contract between the City
of College Station (Buyer) and Willis S. and Peggy J. Ritchey (Seller) in the amount of $64,117.75 for the
purchase of right-of-way (0.997 acre) and a public utility easement (0.735 acre) needed for the Rock Prairie
Road East Widening Design and Right-of-way Project.
1. Presentation, possible action and discussion for a change order to Professional Services Contract 11-254
with Kimley-Horn and Associates, Inc. for an increase in the amount of $10,765.00 for the Rock Prairie
Road West Preliminary Engineering Report (PER).
m. Presentation, possible action, and discussion on a change order to the Design Contract 04-176 with
Jacobs Engineering Group, Inc., in the amount of $27,467.00, for additional construction material testing
services.
City Council Regular Meeting
Thursday, November 10,201 1
Page 3
n.Presentation, possible action and discussion on awarding a price agreement for annual purchases of fleet
oils and lubricants to Kolkhorst Petroleum Co., Inc. for an annual expenditure of $100,940.40. (Bid No. 12-
004)
o.Presentation, possible action and discussion on ratification of $150,000 additional expenditures plus
$150,000 anticipated expenditures for a total of $300,000.00 for the purchase of gasoline and diesel he1
fiom Brenco Marketing. Approval of the additional expenditures will bring the total annual estimated
expenditures to $1,552,000.00.
p.Presentation, possible action and discussion regarding the renewal agreement for outsourcing the printing
and mailing of Utility bills, late notices and inserts for an estimated annual expenditure not to exceed
$230,000 to Xpedient Mail.
q.Presentation, possible action, and discussion regarding the approval of the FY 11 Chapter 59 Asset
Forfeiture Audit reporting form for the College Station Police Department.
r. Presentation, possible action, and discussion regarding the renewal of an annual blanket purchase order
with Boundtree Medical L.L.C. for $65,000.00 for EMS supplies.
s. Presentation, possible action, and discussion regarding the approval of the purchase of consoles and related
equipment for the new Utility Dispatch Center fiom Command & Control Environments (CCE) through the
TXMAS program and fiom the open market (bid pricing was checked by Purchasing and is the lowest
pricing) in the amount of $70,23 1.93.
t. Presentation, possible action, and discussion regarding Change Order No. 4 to the professional services
contract (Contract No. 00-107) with LJA Engineering & Surveying, Inc. for a decrease in the amount of
$39,640.41 to clear the project encumbrance and closeout the project.
u.Presentation, possible action and discussion of the renewal of two Master Agreements for Real Estate
Appraisal Services: Holtkamp Realty Consultants (Contract No. 09-314) and S.T. Lovett & Associates
(Contract No. 09-21 8). Each Master Agreement will not exceed $50,000. Approval of the renewal of these
agreements will authorize the City Manager or his delegate to approve Service Orders for each project within
the terms of each Master Agreement.
v.Presentation, possible action, and discussion on an interlocal agreement between the City of College
Station, the College Station Independent School District, and Texas A&M University to share he1 reserves
in the event of an emergency supply disruption.
w. Presentation, possible action, and discussion on an Interlocal Agreement between the City of College
Station and Brazos County for On-Line Bidding Services.
x.Presentation, possibIe action, and discussion on an Interlocal Agreement between the City of College
Station and San Jacinto River Authority for On-Line Bidding Services.
y.Presentation, possible action, and discussion on approval of an Enterprise Agreement (EA) for Microsoft
software with Dell Marketing LP for a three year period totaling $88,232.82.
City Council Regular Meeting Page 4
Thursday, November 10, 20 1 1
z.Presentation, possible action, and discussion on a Professional Services Contract (Contract Number 11-
264) with Kimley-Horn and Associates, Inc. for $1,518,250.00 for design, bidding, and construction
administration for the Bee Creek Sewer Line.
aa. Presentation, possible action, and discussion regarding rejection of Request for Proposal No. 11-35 for
the Wolf Pen Creek Water Feature and Festival Area Project.
bb. Presentation, possible action, and discussion regarding the charge and possible dissolution of the Green
College Station Citizens Task Force.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor's reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 112 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor's announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 112 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information fi-om the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action, and discussion 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 1.2 17 acres located at 204 1 Holleman Drive West, more
generally located on the northeast comer of the intersection with Harvey Mitchell Parkway, fi-om R-4
Mult i-Family to C- 1 General Commercial
2. Public Hearing, presentation, possible action, and discussion 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 6.86 acres located at 6100 Victoria Avenue, and more
generally located west of the Castlegate Subdivision, fiom A-0 Agricultural Open to R-1 Single-Family
Residential and R- 1B Single-Family Residential
3. Presentation, possible action, and discussion on appointments to the Brazos Valley Animal Shelter
Board.
4. Adjourn.
If litigation issues arise to the posted subject matter ofthis Council Meeting an executive session will be held.
City Council Regular Meeting
Thursday, November 10, 20 1 1
APPROVED:
Page 5
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, November 10, 201 1 at 7:00 PM at the City Hall Council Chambers, 1 101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
November, 201 1 at 5:00 p.m.
City Secretary0
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City's website,
www.cstx.aov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on Novembers, 201 1 at 5:00 p.m. and remained so posted continuously for at least 72
hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: by
Dated this day of ,2011 By
Subscribed and sworn to before me on this the day of ,201 1.
~ots~ Public - Brazos County, Texas My commission expires:
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made
48 hours before the meeting. To make arrangements call (979) 764-3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.~ov . Council meetings are broadcast live on Cable Access Channel 19.
November 10, 2011
Consent Agenda Item No. 2a
City Council Minutes
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of minutes for:
· October 27, 2011 Workshop and Regular Council Meeting
Attachments:
· October 27, 2011 Workshop and Regular Council Meeting
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MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
OCTOBER 27, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields, arrived after roll call
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink
City Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Frank Simpson, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
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 Nancy Berry at 3:00 p.m. on Thursday, October 27, 2011 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Presentation, possible action, and discussion on items listed on the consent agenda.
Councilmembers Mooney and Ruesink reported they would be abstaining from item 2f.
2. Presentation, possible action, and discussion regarding disposal of approximately 65
acres of City-owned property located on Rock Prairie Road adjacent to Lick Creek Park.
Bob Cowell, Director of Planning and Development Services, reported on City-owned property
on Rock Prairie Road. The property is 65 acres adjacent to Lick Creek Park. The City’s
Comprehensive Plan identifies this property as Restricted Suburban. The current zoning is
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Agricultural Open. Staff is recommending a complete environmental assessment, appraisal of
the property, re-zoning the property to R1-B, establish development requirement such as
minimum lot size, provide for a buffer to Lick Creek Park, etc., pedestrian access to Lick Creek
Park, and offer the property for sale through bid. He stated they are not recommending a
minimum lot size of 8,000 square feet consistent with a R1-B zoning, but believe the lot size
should compare favorably with the larger lot sizes in nearby developments.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted five (5) for and two (2) opposed, with Councilmembers Brick
and Ruesink voting against, to approve the staff recommendation to initiate the re-zoning of the
subject property and draft restrictions, but to consult with and keep in the loop the Lick Creek
Nature Center Advisory Committee. The motion carried.
3. Presentation, possible action, and discussion regarding the 2011 Christmas at the Creek
event.
Sheila Walker, Special Events Coordinator, reported on the upcoming Christmas at the Creek
event. In the past 27 years, there have been more than 2.5 million visitors at the Christmas in the
Park event. It has been a family tradition and free to everyone. It has a non-commercial
atmosphere. 2011 will be a year of transition. The Stephen C. Beachy Central Park will have
the Tower of Power and a small drive-through light display. The Wolf Pen Creek corridor will
have lights, entertainment, shopping, hayrides, a live nativity scene, and Santa. Christmas in the
Park outgrew Central Park many years ago. Wolf Pen Creek affords the City the opportunity to
grow Christmas in the Creek as a premiere holiday festival for the Brazos Valley. There is better
visibility for entertainment. They are incorporating the great elements from the past plus there
will be three entertainment stages. There are better facilities and more parking. There will be an
upscale art sale, gourmet food, and a gift shop at the Art Center. There will be an opportunity to
expand the baking contest. There will also be some budget savings. Our Community Partners
will be doing Presents with Purpose for alternative gift giving choices, and there will be an
expansion of Pet Night.
Scott Hooks, with Parks and Recreation, provided greater detail on the events at both parks,
detailing where everything will be. He provided information on how the parking for Wolf Pen
Creek will be handled and how to access the park.
An example of the pole banners was provided. The Holiday Happening guide was also shown.
These will be in the Eagle as an insert and distributed through participating merchants.
The kick off for the event will be on December 2, at 5:15 p.m. with the Mayor’s reception in the
Green Room.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Ruesink, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields
voting against, to approve the Christmas at the Creek event. The motion carried.
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4. Presentation, possible action, and discussion regarding the Council's Strategic Plan 2012
Update.
Bob Cowell, Director of Planning and Development, updated the Council on the 2012 Strategic
Plan. Work completed to date includes: the annual strategic plan workshop, budget workshops,
the Council workshop update, and staff review and revision of the draft plan. The strategic plan
includes the community vision, the organizational mission and core values, Council strategic
initiatives, the desired outcome or goal for each initiative, strategies for each goal, performance
measures, plan monitoring, and recognition of excellence. There are six initiatives noted: 1)
financially sustainable city; 2) core services and infrastructure; 3) neighborhood integrity; 4)
diverse growing economy; 5) improve mobility; and 6) sustainable City. Each of these
initiatives had listed goals, with those needing additional discussion and Council direction
highlighted in blue. Performance measures include effectiveness and workload indicators.
Progress in implementing the plan will monitored by regular reports and updates such as annual
reports, a mid-year review and update, quarterly reports, the annual budget, and department
business/service plans. Next steps include the adoption of the updated plan, and then begin
crafting a new document - the policy action plan.
Mayor Berry requested an item to be added to initiative #5, Improve Mobility. She would like to
see a mobility wayfinding system to identify points of interest.
Councilmember Fields asked to clarify the goal to support and implement green building
practices under initiative #6, Sustainable City, and to have further discussion on alternative
energy sources such as wind power.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Lyles, the City Council voted seven (7) for and none (0) opposed, to accept the strategic plan
presentation with the understanding that additional workshop discussions will occur. The motion
carried.
5. Council Calendar
· November 3 Planning & Zoning Commission Meeting in Council Chambers at 6:00
p.m.
· November 7 Annual BICS Chamber Banquet at the CS Hilton at 6:00 p.m.
· November 10 City Council Workshop/Regular Meeting at 3:00 and 6:00 p.m.
Council reviewed the Council calendar.
6. Presentation, possible action, and discussion on future agenda items: a Council Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
Councilmember Lyles requested an item to discuss Council attendance to various boards and
committees to which they are appointed.
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7 Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Arts Council of the Brazos Valley, Audit Committee, Bicycle, Pedestrian, and
Greenways Advisory Board, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Valley Wide Area Communications Task Force, BVSWMA,
BVWACS, Cemetery Committee, Code Review Committee, Review Board, Historic
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee,
Joint Relief Funding Review Committee, Landmark Commission, Library Board, Mayor's
Council on Physical Fitness, Mayor's Development Forum, Metropolitan Planning
Organization, National League of Cities, Outside Agency Funding Review, Parks and
Recreation Board, Planning and Zoning Commission, Research Valley Partnership,
Regional Transportation Committee for Council of Governments, Signature Event Task
Force, Sister City Association, TAMU Student Senate, Texas Municipal League,
Transportation Committee, Zoning Board of Adjustments.
Councilmember Ruesink reported that the Salamanca delegation will arrive November 14. A
reception will be held at President Loftin’s house on November 15. Both city councils will be
invited to attend. Salamanca will be officially brought in as a sister city.
Mayor Berry reported on the RVP board meeting citing possible prospects that may be coming.
8. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, and
§551.074-Personnel, the College Station City Council convened into Executive Session at
4:55 p.m. on Thursday, October 27, 2011 in order to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
· City of Bryan’s application with TCEQ for water & sewer permits in Westside/Highway
60 area, near Brushy Water Supply Corporation to decertify City of College Station and
certify City of Bryan
· Clancey v. College Station, Glenn Brown and Kathy Merrill, Civil Action No. 09-CV-
01480
· Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, cause No. 09-000656-
CV361
· Chavers et al v. Tyrone Morrow et al, No. 10-20792; Chavers v. Randall Hall et al, Case
No. 10 CV-3922
· College Station v. Star Insurance Co., Civil Action No. 4:11-CV-02023
· Woodruff v. College Station, Cause No. 10-000515-CV-272
· Ongoing criminal investigation of municipal court missing funds
B. Consultation with Attorney to seek legal advice; to wit:
· Legal issues regarding possible revenue sharing and legislation in bio-corridor
· Legal issues related to the sale and purchase of Chimney Hill property
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· Legal issues related to the expiration of the Wolf Pen Creek Tax Increment Reinvestment
Zone
C. Deliberation Regarding Personnel; to wit:
· Internal Auditor
· Council Self-Evaluation
· City Secretary
The Executive Session adjourned at 7:03 p.m. on Thursday, October 27, 2011.
No action was required from Executive Session.
9. Adjournment
MOTION: There being no further business, Mayor Berry adjourned the workshop of the
College Station City Council at 10:03 p.m. on Thursday, October 27, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
OCTOBER 27, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink
City Staff:
David Neely, City Manager
Kathy Merrill, Assistant City Manager
Frank Simpson, Assistant City Manager
Carla Robinson, Assistant City Attorney
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 to
order by Mayor Nancy Berry at 7:09 p.m. on Thursday, October 27, 2011 in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77842.
1. Pledge of Allegiance, Invocation, consider absence request.
Presentations and Recognitions:
· Proclamation recognizing the Pink Alliance Breast Cancer Support Group and
proclaiming PINK OUT DAY.
Mayor Berry read and presented the proclamation to Reba Ragsdale, Pink Alliance Board
Member and seventeen-year breast cancer survivor; Cheryl Pederson, Pink Alliance Board
Member; and Kaitlin Horner, Aggieland Outfitters.
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· Proclamation proclaiming November 6th, 2011 as POPPY DAY.
Mayor Berry read and presented the proclamation to American Legion Auxiliary president,
Earnestine Hanks; Second Vice President, Sherally Haskin; Historian, Mary Ruth Rosier;
Sergeant at Arms, Irene Porter; and Veteran, Ron Pollard. The American Legion Auxiliary
presented the Mayor with a Certificate of Appreciation.
Citizen Comments
There were no Citizen Comments.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
· October 13, 2011 Workshop and Regular Council Meeting
2b. Presentation, possible action, and discussion regarding approval of the Housing
Program Reconstruction Guidelines.
2c. Presentation, possible action, and discussion regarding approval of the revised
Rehabilitation and Minor Home Repair Program Guidelines.
2d. Presentation, possible action, and discussion on approval of the 201 1 Property Tax Roll
in the amount of $24,979,684.54.
2e. Presentation, possible action and discussion on a funding agreement between the City of
College Station and Keep Brazos Beautiful for FY 12 in the amount of $50,240.
2f. Presentation, possible action and discussion on a funding agreement between the City of
College Station and College Station Noon Lions Club for FY 12 in the amount of $10,000.
2g. Presentation, possible action, and discussion on approving the budget of the George
Bush Presidential Library Foundation; and presentation, discussion and possible action on
a funding agreement between the City of College Station and the George Bush Presidential
Library Foundation for FY12 in the amount of $50,000.
2h. Presentation, possible action, and discussion on approving the budget of the Memorial
for all Veterans of the Brazos Valley; and presentation, discussion and possible action on a
funding agreement between the City of College Station and the Memorial for all Veterans
of the Brazos Valley for FY12 in the amount of $25,000.
2i. Presentation, possible action, and discussion on Resolution 10-27-11-2i, awarding bid
#12-009 to Brazos Paving, Inc. in an amount not to exceed $534,400 for the annual contract
for a blanket purchase order for concrete curb, gutter and flatwork used to maintain City
infrastructure.
17
RM102711 Minutes Page 3
2j. Presentation, possible action and discussion on Resolution 10-27-11-2j, stating that the
City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List
and Investment Strategy.
Items b, c, e, f, and g were pulled for a separate vote.
MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Lyles, the
City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less
items b, c, e, f, and g. The motion carried unanimously.
(2b, 2c, 2e, 2g)MOTION: Upon a motion made by Councilmember Mooney and a second by
Councilmember Lyles, the City Council voted six (6) for and one (1) opposed, with
Councilmember Fields voting against, to approve items 2b, 2c, 2e, and 2g. The motion carried.
(2f)MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Lyles,
the City Council voted four (4) for and one (1) opposed, with Councilmember Fields voting
against and Councilmembers Mooney and Ruesink abstaining, to approve item 2f. The motion
carried.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion on the Annual Review of
the Unified Development Ordinance (UDO) and the Annual Review of the Comprehensive
Plan.
At approximately 7:42 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:43 p.m.
No action was required.
2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011-
3375, amending the College Station Comprehensive Plan by amending the Thoroughfare
Plan for the following thoroughfares: Raintree Drive, Birkdale Drive, Corsair Drive,
Deacon Drive, Dartmouth Drive, F.M. 60, on-grade railroad crossing at Southwest
Parkway and Wellborn Road.
At approximately 8:16 p.m., Mayor Berry opened the Public Hearing.
Don Jones, 804 Berry Creek, representing one of the landowners, reported that the request goes
back to the mid-90’s. Union Pacific refuses to build a grade crossing at Southwest Parkway and
Wellborn Road. The cost to do a grade-separated crossing increases the construction costs,
which would be borne by a combination of landowners and the City, not TXDOT. This would
also result in an unsightly infrastructure.
There being no further comments, the Public Hearing was closed at 8:19 p.m.
18
RM102711 Minutes Page 4
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011-
3375, amending the College Station Comprehensive Plan by amending the Thoroughfare Plan
for the following thoroughfares: Raintree Drive, Birkdale Drive, Corsair Drive, Deacon Drive,
Dartmouth Drive, F.M. 60, on-grade railroad crossing at Southwest Parkway and Wellborn
Road. The motion carried unanimously.
3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011-
3376, amending the College Station Comprehensive Plan Chapter 2 "Community
Character" by amending the text and concept map regarding the expansion of Growth
Area IVY Growth Area V, and the Land Use designation change of the Richards
Subdivision area.
At approximately 9:06 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:06 p.m.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011-
3376, amending the College Station Comprehensive Plan Chapter 2 "Community Character" by
amending the text and concept map regarding the expansion of Growth Area IVY Growth Area
V, and the Land Use designation change of the Richards Subdivision area. The motion carried
unanimously.
4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011-
3377, amending Code of Ordinance Chapter 7 "Heath and Sanitation" Section 5 "Food
Establishments."
At approximately 8:58 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:58 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Lyles, the City Council voted seven (7) for and none (0) opposed, to adopt Public Hearing,
presentation, possible action, and discussion regarding Ordinance 2011-3377, amending Code of
Ordinance Chapter 7 "Health and Sanitation" Section 5 "Food Establishments." The motion
carried unanimously.
5. Presentation, possible action, and discussion regarding Resolution 10-27-11-2, approving
and setting user fees for the Parks and Recreation Department's 2012 programs and
facilities.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Resolution 10-27-11-
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RM102711 Minutes Page 5
2, approving and setting user fees for the Parks and Recreation Department's 2012 programs and
facilities. The motion carried unanimously.
6. Presentation, possible action and discussion regarding the appointment to the Board of
Directors for the Brazos County Appraisal District.
MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember
Lyles, the City Council voted seven (7) for and none (0) opposed, to re-appoint Ronald Kaiser.
The motion carried unanimously.
7. Presentation, possible action, and discussion on appointments to the Brazos Valley
Animal Shelter Board.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Lyles, the City Council voted seven (7) for and none (0) opposed, to postpone this item to the
next meeting and to accept Judy LeUnes’ resignation. The motion carried unanimously.
8. Presentation, possible action, and discussion regarding appointments to the Brazos
Valley Solid Waste Management Agency Board of Directors.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to appoint Karl Mooney and
Steve Beachy. The motion carried unanimously.
9. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 9:36 p.m. on Thursday, October 27, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mashburn, City Secretary
20
November 10, 2011
Consent Agenda Item No. 2b
Juvenile Case Manager Ordinance
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, possible action and discussion to adopt an ordinance
amending Chapter 10, “Traffic Code” Section 9, “Juvenile Case Manager”, of the Code of
Ordinances of the City of College Station, Texas, by amending certain sections, providing a
severability clause; declaring a penalty; and providing an effective date.
Relationship to Strategic Goals: Goal 1.5 Develop revenue streams independent of the
General Fund
Recommendation(s): Staff recommends adoption of the ordinance.
Summary: The City Council adopted a Juvenile Case Manager Ordinance in January 2006
which authorized the Municipal Judge to add a Juvenile Case Manager fee to fines assessed.
Senate Bill 61 of the 2011 Legislature made some changes to the statutes governing
Juvenile Case Managers and the City managing a Fund for Juvenile Case Managers. Some of
the changes include allowing the cost of training, office supplies and other necessary
expenses relating to the position of a juvenile case manager to be paid from the JCM fees
collected and placed in the fund. The changes also include requiring the Council to approve
reasonable rules for juvenile case managers that provide a) a code of ethics; b) appropriate
educational pre-service and in-service training standards; and c) training directly related to
juvenile case planning and management. The Council is required to periodically review
juvenile case manager programs to ensure the implementation of rules adopted.
Budget & Financial Summary: The fee authorized is five ($5.00) dollars per fine-only
misdemeanor offense or any other fines, penalties, or court costs required by city ordinance
or state or federal law. The fee would provide an estimated $120,000 to $130,000 per year
credited to the Juvenile Case Manager Fund and will be used for the salaries and benefits for
a Juvenile Case Manager position and our Teen Court Coordinator plus office supplies,
training and other necessary expenses related to our Juvenile Case Manager program.
Attachments:
Proposed Ordinance
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22
23
24
25
November 10, 2011
Consent Agenda Item No. 2c
Contract Administration Procedures
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
amending certain provisions of the City’s Standard Form of Construction Agreement for over
$50,000 and Architects and Engineering Professional Services Contract; and granting
authority to the City Manager to act on behalf of the City, including issuing approvals for
contract changes pursuant to certain statutory provisions; and providing an effective date.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the resolution as presented.
Summary: The 2011 Legislature approved 2 bills affecting City contract procedures. House
Bill 679, amends Chapter 252.048(c) of the Local Government Code providing an increase in
the amount of delegated authority for change orders from $25,000 to $50,000 and House
Bill 628 establishing a new Chapter 2267 in the Government Code for “Contracting and
Delivery Procedures For Construction Projects” that used to be in Chapter 271 of the Texas
Local Government Code.
As a result of these statutory changes, staff is proposing the following changes to the City’s
standard contract contracts:
Paragraph 17.02 of the Standard Form of Construction Agreement is proposed to be revised
allowing the City Manager or his delegate to approve change orders of $50,000 or less. Any
change order exceeding $50,000 would require Council approval. The previous threshold
was $25,000. This change will mirror the statutory changes provided for in House Bill 679.
Paragraph 17.02 of Standard Form of Construction Agreement would also provide a new
option for change orders for construction contracts funded in whole or part by Certificates of
Obligation. This is a new provision that would allow a change order of any percentage to a
contract funded in whole or part with CO’s until the contract reaches $1 million and then
may not be increased by more than 25%. However, any change over $50,000 would still
require City Council approval.
Article IX, Paragraph 9.02(b) of the Architects and Engineering Professional Services
Contract is proposed to be amended allowing the City Manager or his delegate to approve
change orders of $50,000 or less. Any change order exceeding $50,000 would require
Council approval. The previous threshold was $25,000. The new threshold will mirror the
new statutory threshold for construction change orders and will provide continuity in
contract management and allow staff to operate more efficiently and effectively.
Other minor parts of the resolution include adding the new GC 2267 chapter reference.
Budget & Financial Summary: None.
Attachments:
1. Resolution
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27
28
29
November 10, 2011
Consent Agenda Item No. 2d
Electric Utility Procurement Procedures
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, possible action, and discussion on a resolution adopting
procurement procedures to be used by College Station Utilities for expenditures; and
providing an effective date.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the resolution adopting procurement
procedures for the Electric Department.
Summary: May 12, 2011, Council approved a resolution adopting procurement procedures
for College Station Utilities. This was required as an initial step to allow College Station to
participate with BTU in a design/build contract for the methane gas to electricity project
planned for the Rock Prairie Road Landfill.
This revised resolution is to primarily add reference to the newly created chapter
in the Government Code “Contracting and Delivery Procedures for Construction
Projects” pursuant to House Bill 628 of the 2011 Legislature.
Texas Local Government Code, Section 252.022(c) exempts from the requirements of
competitive bidding, expenditures made by a municipally owned electric utility for purchases
made in accordance with procurement procedures adopted by a resolution of its governing
body that sets out the public purpose to be achieved by those procedures. In order to
facilitate obtaining quality goods and services at a reasonable cost while continuing to meet
the public purpose of providing reliable energy-related materials and services, this item
proposes the adoption under sec. 252.022(c) of a resolution that provides that the College
Station Electric Department will follow statutory purchasing requirements as provided for in
the Local Government Code Chapters 252 and 271, Chapter 2267 of the Government Code,
and the City’s own purchasing policies and procedures, however; when in the best interests
of the City, the City Manager may make exceptions to these statutes or policies and
procedures or select an alternative procurement method that provides the best value for the
City and the City’s Electric Department.
Budget & Financial Summary: There is no budget or financial impact to adopt this
resolution.
Attachments:
1. Resolution
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31
32
33
34
35
November 10, 2011
Consent Agenda Item No. 2e
Installation of Access and Security Equipment
Utility Customer Service and IT Building
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
a construction contract (Contract #11-356) with Siemens Industry Inc. in the amount of
$65,621.00 for the installation of access and security equipment at the College Station
Utility Customer Service and IT Building.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends award of the contract to Siemens Industry,
Inc. for $65,621.00.
Summary: This contract is for the installation of access and security equipment at the
College Station Utility Customer Service and IT Building. This purchase will be made
utilizing the State of Texas Mutlitple Award Schedule (TxMAS) contract 8-84030. Purchases
made from the State TxMAS program satisfies our requirement for competitive bidding.
Purchasing this access/security system follows the management team decision to
standardize the cities access/security systems.
The security improvements at the Utility Customer Service and IT Building will include door
access devices and video surveillance for the interior and exterior of the building.
Budget & Financial Summary: The budget appropriation for this expenditure was
approved with budget amendment #3 on August 25, 2011. Funds were encumbered from
the 2011 budget. This action is needed to approve the contract.
Attachments:
1. Construction Contract with Siemens
36
37
November 10, 2011
Consent Agenda Item No. 2f
Annual Reconfirmation for Texas A&M University Nuclear Science Center
To: David Neeley, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution for the Annual Reconfirmation and use of Service and Equipment to be provided
by the City of College Station in the Event of a Radiological Incident at the Texas A&M
University Nuclear Science Center.
Recommendation(s): Staff recommends approval of the resolution.
Summary: The City of College Station currently provides Fire Protection, Emergency
Medical and Hazardous Materials response to the Texas A&M University Main Campus to
include the Nuclear Science Center. This Annual Reconfirmation letter is required to be
signed and placed in an official file as part of the annual Inspection process by the Nuclear
Regulatory Commission.
Budget & Financial Summary: None.
Attachments:
Resolution
Reconfirmation Letter and Form on file in the City Secretary’s Office.
38
39
November 10, 2011
Consent Agenda Item No. 2g
Clinical Affiliation Agreement with College Station Medical Center
To: David Neeley, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution to participate in a Clinical Affiliation Agreement with the College Station Medical
Center for the Emergency Medical Services Program.
Recommendation(s): Staff recommends approval of the Resolution authorizing the City
Manager to sign the signature page of the Clinical Affiliation Agreement.
Summary: The City of College Station continues to support the coordination of the College
Station Fire Department members working with the College Station Medical Center to
complete their emergency medical clinical hours. Paramedics of the College Station Fire
Department work with Dr. Eric Wilke and staff members at the College Station Medical
Center side by side to gather required knowledge, skills and abilities to complete their
certifications.
Budget & Financial Summary: There is no financial impact to the city.
Attachments:
Clinical Affiliation Agreement – on file in the City Secretary’s Office
Resolution
40
41
November 10, 2011
Consent Agenda Item No. 2h
Project Number WF1223117
Dowling Road High Service Pump Station Improvements
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding a construction
contract with Dudley Construction, Ltd., in the amount of $2,978,060.00, for the
construction of Dowling Road High Service Pump Station Improvements.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure.
Recommendation(s): Staff recommends approval of this construction contract.
Summary: The Dowling Road pump station pumps treated drinking water into the water
distribution system and to all water customers. The Texas Commission on Environmental
Quality (TCEQ) regulates water system pumping requirements, to be certain that municipal
water systems will have adequate capacity in all situations, even during fire fighting
operations. This expansion will keep the City’s firm pumping capacity within the Texas
Commission on Environmental Quality rules for municipal water supply systems based on
current requirements, and will keep us in compliance for approximately ten years, based on
projected growth. Since this upgrade is required by the TCEQ, staff recommends approval.
The design phase of this project was included in the FY 2011 Capital Plan, and construction
is included in the FY 2012 Plan. Three competitive bids were received on October 11, 2011
in response to the City’s Invitation to Bid (ITB). Dudley Construction, Ltd was the low
bidder at $2,978,060.00.
Budget & Financial Summary: $3,553,000 is budgeted for this project in the Water
Capital Improvement Projects Fund. $527,121 has been expended or committed to date,
leaving a balance of $3,025,879 for construction and related expenses.
Attachments:
1. Resolution
2. Bid Tabulation
3. Project Location Map
42
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT AND AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE DOWLING ROAD HIGH SERVICE PUMP
STATION IMPROVEMENTS PROJECT.
WHEREAS, the City of College Station, Texas, solicited bids for the construction of the
Dowling Road High Service Pump Station Improvements Project; and
WHEREAS, the selection of Dudley Construction, Ltd. is being recommended as the lowest
responsible bidder; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that Dudley Construction, Ltd. is the lowest
responsible bidder
PART 2: That the City Council hereby approves the contract with Dudley Construction, Ltd. for
an amount not to exceed $2,978,060.00 for the labor, materials and equipment
required for the Dowling Road High Service Pump Station Improvements Project.
PART 3: That the funding for this Contract shall be as budgeted from the Water Services Fund
in the amount of $2,978,060.00.
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2011.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
43
City of College Station - Purchasing Division
Bid Tabulation for #12-008
"Dowling Road High Service Pump Station Improvements"
Open Date: Tuesday, October 11, 2011 @ 2:00 p.m.
ITEM QTY UNIT DESCRIPTION UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE UNIT PRICE
TOTAL
PRICE
1 1 LS Mobilization $113,000.00 $113,000.00 $50,000.00 $50,000.00 $160,000.00 $160,000.00
2 1 LS Trench Safety $5,660.00 $5,660.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00
3 1 LS Erosion and Sedimentation Control $4,000.00 $4,000.00 $6,600.00 $6,600.00 $6,000.00 $6,000.00
4 1,100 SY Flexible Base Crushed Lime Stone $16.00 $17,600.00 $20.00 $22,000.00 $43.00 $47,300.00
5 1,300 SY Lime Stabalization $6.00 $7,800.00 $10.00 $13,000.00 $15.00 $19,500.00
6 1 LS Dowling Road Pump Station Improvements $2,489,000.00 $2,489,000.00 $2,668,300.00 $2,668,300.00 $2,611,200.00 $2,611,200.00
7 1LS
Allowance for purchase of City-preferred variable frequency
drives and motor control center (VFD-5, VFD-6, & MCC "VT")$276,000.00 $276,000.00 $276,000.00 $276,000.00 $276,000.00 $276,000.00
8 1LS
Allowance for purchase of City-preferred swing check valves
(CV-1 & CV-2)$65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00 $65,000.00
A.1 200 CY Additional Granular Bedding $20.00 $4,000.00 $20.00 $4,000.00 $40.00 $8,000.00
A.2 200 SY Additional Flexible Crushed Lime Stone $16.00 $3,200.00 $20.00 $4,000.00 $30.00 $6,000.00
A.3 240 SY Additional Lime Stabalization $6.00 $1,440.00 $10.00 $2,400.00 $20.00 $4,800.00
BASE BID PLUS ALL ALTERNATES
Reynolds, Inc.
(Dallas, Tx)
Reynolds, Inc.
»Bidder miscalculated Bid Item 4 as $25,300.00 and the Base Bid Total as $3,168,000.00. The highlighted totals above are correct.
NOTES:
Certification of Bid
TOTAL BASE BID (ITEMS 1-8)
Dudley Construction, Ltd.
(College Station, Tx)
Bryan Construction Co.
(Bryan, Tx)
Acknowledged Addendums
BASE BID
$2,978,060.00 $3,104,900.00
ADD/DEDUCT ITEMS
$3,190,000.00
$2,986,700.00 $3,115,300.00 $3,208,800.00
Page 1 of 144
45
November 10, 2011
Consent Agenda Item No. 2i
Emerald Forest Park Site Improvements
Construction Contract
Project Number PK0713
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action and discussion on awarding a Construction
Contract (12-012) to JaCody, Inc. in the amount of $130,317.94 for the Emerald Forest
Park Site Improvements Project.
Relationship to Strategic Goals: Goal II, Neighborhood Integrity.
Recommendation(s): Staff recommends approval of this Contract.
Summary: The purpose of this project is to improve the existing park within the Emerald
Forest Subdivision. The playground equipment is being upgraded at the park along with
some minor drainage improvements and additional park lighting. The foundation supporting
the playground is being elevated approximately 3 feet to keep the playground equipment
from being inundated with storm water during flood events. The sidewalks must also be
reconstructed to meet the new grades of the playground site.
Four firms submitted a construction bid in response to the Invitation to Bid (ITB No. 12-
007). The contract includes the base bid with two bid alternates. The base bid is
$121,781.35. The first alternate is for the cleaning, resurfacing, and restriping the existing
basketball court at the park. The cost for Alternative 1 is $3,968.00. The second alternate
is for additional lighting within the park in addition to the base bid. The cost for Alternative
2 is $4,568.59. Construction is expected to take approximately three months.
Budget & Financial Summary: $106,000 is budgeted for this project in the Parks Capital
Improvement Projects Fund and $63,000 is budgeted for the project in the Zone 8 Park
Land Dedication Fund. A total of $29,295 has been expended or committed to date, leaving
a balance of $139,705 for this contract and related expenses.
Attachments:
1. Resolution
2. Bid Tabulation
3. Location map
46
47
City of College Station - Purchasing Division
Bid Tabulation for #12-007
"EMERALD FOREST PARK SITE IMPROVEMENTS"
Open Date: Thursday, October 13, 2011 @ 2:00 p.m.
Page 1 of 2
ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
1 1 LS Mobilization $10,500.00 $10,500.00 $4,363.51 $4,363.51 $6,500.00 $6,500.00 $10,000.00 $10,000.00
2 1 LS Demolition $7,755.00 $7,755.00 $7,874.77 $7,874.77 $8,000.00 $8,000.00 $7,050.00 $7,050.00
3 1 LS Erosion Control $1,500.00 $1,500.00 $3,787.40 $3,787.40 $1,600.00 $1,600.00 $1,400.00 $1,400.00
4 1 LS Traffic Control $500.00 $500.00 $367.97 $367.97 $250.00 $250.00 $300.00 $300.00
5 0.55 SY Clearing and Grubbing $7,200.00 $3,960.00 $4,547.77 $2,501.27 $7,400.00 $4,070.00 $6,500.00 $3,575.00
6 1204 SY Cellulose Fiber Mulch Seeding $2.00 $2,408.00 $0.44 $529.76 $1.30 $1,565.20 $1.30 $1,565.20
7 1 LS Tree Protection $1,750.00 $1,750.00 $5,566.44 $5,566.44 $3,700.00 $3,700.00 $250.00 $250.00
8 1 LS Dirtwork -Excavation (Approx 434 CY) & Embankment (Approx 352 CY)$12,650.00 $12,650.00 $5,715.72 $5,715.72 $13,000.00 $13,000.00 $11,500.00 $11,500.00
9 1 LS New playground/concrete/rubber top $32,385.00 $32,385.00 $51,568.68 $51,568.68 $44,000.00 $44,000.00 $49,650.00 $49,650.00
10 2682 SF 4" Concrete Sidewalk with stabilized subgrade $5.50 $14,751.00 $4.08 $10,942.56 $5.80 $15,555.60 $11.56 $31,003.92
11 6 EA Sloped Headwall for 6" Pipe $150.00 $900.00 $593.84 $3,563.04 $400.00 $2,400.00 $95.00 $570.00
12 66 LF 6" PVC Pipe for Drainage $16.75 $1,105.50 $15.42 $1,017.72 $17.00 $1,122.00 $15.15 $999.90
13 3182 SF Slope Protection Blanket $2.30 $7,318.60 $0.31 $986.42 $2.40 $7,636.80 $2.10 $6,682.20
14 1 EA Water Fountain (HAWS #3150, Dual Bowl) & Appurtenances $4,936.00 $4,936.00 $5,245.86 $5,245.86 $5,100.00 $5,100.00 $5,000.00 $5,000.00
15 3 EA
One (1) concrete area light foundation. See Unit Drawing on MEI-9404 for
installation guide, complete and in place , complete and in place.$200.00 $600.00 $450.82 $1,352.46 $710.00 $2,130.00 $600.00 $1,800.00
16 3 EA
One (1) 12' aluminum light pole with a 116 watt LED fixture. Fixture to be a
Holophane Granville Catalog #GVE-116-AS-Z-4-N-N-U-P27. 12' aluminum area
light pole to be a holophane RTA1250CP7NDAZ2. Photo control to be provided
by the City. Pole base connectors to be Bussmann Catalog #HEB-JJ, one (1) each
per pole, complete and in place.$3,476.00 $10,428.00 $4,290.27 $12,870.81 $3,590.00 $10,770.00 $1,247.00 $3,741.00
17 687 LF
One (1) lineal foot of trenching in soil, measured parallel to the surface of the
ground, including the excavation, backfilling and compacting. This unit includes all
materials and labor required in the repair and/or replacement of streets, roads,
drives, fences, lawns, shrubbery, water mains, pipes, pipelines, and contents,
underground power and telephone facilities, buried sewage and drainage facilities,
and any other property damaged by the trenching, except as specifically provided
for in other units. This unit does not include underground cable or conduit facilities
installed in the trench, when required. Caution tape is to be installed twelve to
eighteen inches above conduits, and the last six (6) inches of trench backfill, plus 4-
6" of mounding backfill for settling allowance, shall be sandy loam topsoil. See
MEI-9404 for number and size of conduits which will be installed in the trench.
See 'Bedding and Trench for DI Pipe and PVC Pipe' Detail S2-02 for all trenches
under pavement areas (including sidewalks) for additional requirements (B/CS
Unified Standard Detail). "_" below designates type of trench visually described on
drawing $1.60 $1,099.20 $6.28 $4,314.36 $1.65 $1,133.55 $1.60 $1,099.20
18 778 LF
Consists of Labor and Materials necessary to install one (1) foot of (3) runs of #10
Cu THHN (run between streetlight poles and hand hole).$1.95 $1,517.10 $3.98 $3,096.44 $2.00 $1,556.00 $1.90 $1,478.20
19 75 LF
Labor and Materials necessary to install one (1) foot of (3) runs of #12 Cu THHN
(to run up streetlight poles).$1.32 $99.00 $1.87 $140.25 $1.40 $105.00 $1.68 $126.00
20 1 EA
One (1) hand hole. Sub-surface box to be Nordic PHH-12-161912-MG or
approved equal. All wire connections shall be watertight, complete and in place. ,
complete and in place.$231.00 $231.00 $435.24 $435.24 $240.00 $240.00 $252.00 $252.00
21 735 LF
One (1) lineal foot of one (1) one (1) inch, electrical grade schedule 40 PVC
conduit, installed in place in a trench. Includes all PVC fittings, PVC 90 degree
long sweep conduit elbows, connectino materials, etc. required for installation of
the conduit. Includes the installation of a flat polyester pull rope for installation
ofhte cable or conductor.$1.82 $1,337.70 $3.73 $2,741.55 $1.90 $1,396.50 $2.37 $1,741.95
22 1 LS Construction Staking $800.00 $800.00 $2,274.46 $2,274.46 $965.00 $965.00 $850.00 $850.00
23 3515 SF Solid Sod $0.35 $1,230.25 $0.45 $1,581.75 $0.33 $1,159.95 $0.28 $984.20
24 1 EA 6' Victor Stanley Bench CR196 Dark Green $1,100.00 $1,100.00 $1,905.13 $1,905.13 $1,775.00 $1,775.00 $900.00 $900.00
25 1 LS 4" Slotted Playground Drain Pipe system with headwall $700.00 $700.00 $969.08 $969.08 $570.00 $570.00 $500.00 $500.00
26 1 LS Relocate existing aluminum light pole, including light foundation $220.00 $220.00 $1,865.33 $1,865.33 $230.00 $230.00 $495.00 $495.00
JACODY CONSTRUCTION
COLLEGE STATTION, TX
DUDLEY CONSTRUCTION,
LTD. COLLEGE STATION,
TX
BASE BID
$121,781.35 $137,577.98TOTAL BASE BID (ITEMS 1-26)$136,530.60
FOLLIS-COLE
CONSTRUCTION FRANKLIN,
TX
$143,513.77
MAREK BROTHERS CONST.
COLLEGE STATION, TX
48
City of College Station - Purchasing Division
Bid Tabulation for #12-007
"EMERALD FOREST PARK SITE IMPROVEMENTS"
Open Date: Thursday, October 13, 2011 @ 2:00 p.m.
Page 2 of 2
ITEM QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE
JACODY CONSTRUCTION
COLLEGE STATTION, TX
DUDLEY CONSTRUCTION,
LTD. COLLEGE STATION,
TX
FOLLIS-COLE
CONSTRUCTION FRANKLIN,
TX
MAREK BROTHERS CONST.
COLLEGE STATION, TX
27 1 LS Clean, Resurface and Restriping existing Basketball Court $3,968.00 $3,968.00 $4,290.27 $4,290.27 $8,200.00 $8,200.00 $5,000.00 $5,000.00
TOTAL ALTERNATE #1
28 1 EA One concrete area ligh foundation $200.00 $200.00 $431.38 $431.38 $710.00 $710.00 $600.00 $600.00
29 1 EA
One (1) 12' aluminum light pole with a 116 watt LED fixture. Fixture to be a
Holophane Granville Catalog #GVE-116-AS-Z-4-N-N-U-P27. 12' aluminum area
light pole to be a holophane RTA1250CP7NDAZ2. Photo control to be provided
by the City. Pole base connectors to be Bussmann Catalog #HEB-JJ, one (1) each
per pole, complete and in place.$3,476.00 $3,476.00 $4,290.27 $4,290.27 $3,600.00 $3,600.00 $1,247.00 $1,247.00
30 105 LF
One (1) lineal foot of trenching in soil, measured parallel to the surface of the
ground, including the excavation, backfilling and compacting. This unit includes all
materials and labor required in the repair and/or replacement of streets, roads,
drives, fences, lawns, shrubbery, water mains, pipes, pipelines, and contents,
underground power and telephone facilities, buried sewage and drainage facilities,
and any other property damaged by the trenching, except as specifically provided
for in other units. This unit does not include underground cable or conduit facilities
installed in the trench, when required. Caution tape is to be installed twelve to
eighteen inches above conduits, and the last six (6) inches of trench backfill, plus 4-$1.60 $168.00 $6.28 $659.40 $1.65 $173.25 $1.60 $168.00
31 127 LF
Consists of Labor and Materials necessary to install one (1) foot of (3) runs of #10
Cu THHN (run between streetlight poles and hand hole). , complete and in place.$1.95 $247.65 $2.74 $347.98 $2.00 $254.00 $1.90 $241.30
32 25 LF
Labor and Materials necessary to install one (1) foot of (3) runs of #12 Cu THHN
(to run up streetlight poles). , complete and in place.$1.32 $33.00 $1.87 $46.75 $1.40 $35.00 $1.70 $42.50
33 1 LS
One (1) hand hole. Sub-surface box to be Nordic PHH-12-161912-MG or
approved equal. All wire connections shall be watertight, complete and in place.$231.00 $231.00 $435.24 $435.24 $240.00 $240.00 $252.00 $252.00
34
117 LF
One (1) lineal foot of one (1) one (1) inch, electrical grade schedule 40 PVC
conduit, installed in place in a trench. Includes all PVC fittings, PVC 90 degree
long sweep conduit elbows, connectino materials, etc. required for installation of
the conduit. Includes the installation of a flat polyester pull rope for installation
ofhte cable or conductor, complete and in place.$1.82 $212.94 $4.35 $508.95 $1.90 $222.30 $2.40 $280.80
TOTAL ALTERNATE #2 $4,568.59
$4,568.59 $6,719.97 $5,234.55 $2,831.60
Certification of Bid
Acknowledged Addendums
Bid Bond
ALTERNATE #1
ALTERNATE #2
TOTAL BASE BID (ITEMS 1-26)
TOTAL ALTERNATE #1
TOTAL ALTERNATE #2
TOTAL BASE BID +ALTERNATE #2 & ALTERNATE #2
$3,968.00 $4,290.27 $8,200.00 $5,000.00
$6,719.97
$3,968.00 $4,290.27 $8,200.00 $5,000.00
$121,781.35 $137,577.98 $136,530.60 $143,513.77
$130,317.94 $148,588.22 $149,965.15 $151,345.37
$5,234.55 $2,831.60
49
APPOMATTOXSPRING CREEK
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ALISON
WILDEWOOD
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LAUREN DRE M E R A L D P K W Y
JUSTIN AVENUE
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$
Emerald Forest Park Project Location Map
Legend
Emerald Forest Park
50
November 10, 2011
Consent Agenda Item No. 2j
Project Number: ST-1101
Barron Road East-Lakeway Drive Extension Project
Preliminary Engineering Report
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract with Mitchell & Morgan, LLP in the amount of $59,106.08.00 for the Preliminary
Engineering Report related to the Barron Road East-Lakeway Drive Extension Project.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure.
Recommendation(s): Staff recommends approval of the professional services contract.
Summary: The Barron Road East-Lakeway Drive Extension Project was a project included
in the 2008 Bond Authorization. The project will extend Barron Road east of State Highway
6 and Lakeway Drive north from its current point of termination to their common point of
intersection. The project will include multiple creek crossings and the potential crossing of a
portion of the Luther-Jones landfill.
This contract is for the authorization to assemble a Preliminary Engineering Report (PER) to
identify the potential routes for the Barron Road Extension, the preliminary environmental
assessment for the potential routes crossing any portion of the Luther-Jones landfill,
preliminary design for the street cross section and structural cross section and an
examination of the possible implementation of an offset intersection to avoid crossing the
landfill. TCEQ special requirements on routes crossing the Luther-Jones landfill will be
identified as part of the PER. The PER will allow for the selection of the most feasible
alignment of the roadway and identify coordination needs and for the project with outside
agencies during the detailed design phase.
Budget & Financial Summary: Funds in the amount of $15,135,000 are budgeted in the
Streets Capital Improvement Projects Fund for the Barron Road East-Lakeway Drive
Extension project. A total of $6,903.21 has been expended or committed to date, leaving a
balance of $15,128,096.79 for design and construction of the project.
Attachments:
1. Resolution
2. Project Map
51
52
ST-1101
Barron Road East- Lakeway Drive Extension Project
53
October 27, 2011
Consent Agenda Item No. 2k
Rock Prairie Road East Widening Design and ROW Project (ST0417)
Real Estate Contract – Ritchey Parcel No. 33
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding approval of a real
estate contract between the City of College Station (Buyer) and Willis S. and Peggy J.
Ritchey (Seller) in the amount of $64,117.75 for the purchase of right-of-way (0.997 acre)
and a public utility easement (0.735 acre) needed for the Rock Prairie Road East Widening
Design and Right-of-Way Project.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure. Goal IV, Improving Multimodal Transportation.
Recommendation(s): Staff recommends approval of the contract which will authorize
the Mayor to execute the contract and the City Attorney to complete the transaction.
Summary: On June 10, 2010, City Council authorized the acquisition of ROW and utility
easements along Rock Prairie Road East from SH 6 to William D. Fitch as part of the Rock
Prairie Road East Widening Design and ROW Project. The project includes the design and
ROW acquisition for the future widening of Rock Prairie Road East. The property to be
acquired is located within the section from SH 6 to Bird Pond Road, which is the main focus
of acquisition due to the anticipated increase in traffic in this area. The right-of-way to be
acquired for the road widening includes 0.997 acre of land and the adjacent public utility
easement includes 0.735 acre of land.
Budget & Financial Summary: The purchase price for the property to be acquired is
$64,117.75. Additional funds in the amount of approximately $2,000 will be required for
closing costs. The total current budget for the Rock Prairie Road East Widening Design and
ROW Project is $2,969,000. Funding for this project is from the 2003 general obligation
bond authorization. Funds in the amount of $935,633.14 have been expended or committed
to date, leaving a balance of $2,033,366.86 for remaining design, right-of-way purchases
and related expenses. This project budget is for design and land acquisition only. Funds for
construction are not currently budgeted.
Attachments:
1. Location Map
2. Real Estate Contract – Available in City Secretary’s Office
54
55
November 10, 2011
Consent Agenda Item No. 2L
Rock Prairie Road West Preliminary Engineering Report
Professional Services Contract Change Order
Project Number ST1025
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action and discussion for a change order to
Professional Services Contract 11-254 with Kimley-Horn and Associates, Inc. for an increase
in the amount of $10,765.00 for the Rock Prairie Road West Preliminary Engineering Report
(PER).
Relationship to Strategic Goals: Goal IV, Improving Multimodal Transportation.
Recommendation(s): Staff recommends approval of this Change Order.
Summary: Included in the 2008 Bond Election is a project to acquire additional right-of-
way (ROW) along Rock Prairie Road west of State Highway 6. The intent is to secure the
ROW needed for additional travel lanes along Rock Prairie west, so that in the future when
funds become available, the City will be prepared to design and construct the necessary
improvements along Rock Prairie Road to complement the new grade separation and
improve traffic flow along the Rock Prairie Road corridor. The City recently approved a
separate professional services contract with Kimley-Horn and Associates, Inc. for
improvements to the Rock Prairie Road Bridge.
The purpose of this project is to determine the ROW needed in order to construct
improvements along Rock Prairie Road from Normand Drive to State Highway 6 to improve
traffic mobility and reduce congestion. The original scope of work included surveying along
the Rock Prairie Road corridor to locate the existing ROW lines, and identify existing
infrastructure and improvements that could interfere with the proposed pavement and
drainage improvements. This survey information was utilized to develop a preliminary
schematic of the recommended improvements.
After reviewing the survey data and recommended improvements, staff feels additional
survey information along Longmire north and south of Rock Prairie Road is needed to
determine the feasibility of potential improvements along Longmire. This additional
information will aid staff in selecting the optimum roadway cross-section at this intersection
while minimizing the need for additional ROW. This additional effort is a change to the
original scope for work and requires a change order.
Budget & Financial Summary: Change Order No. 1 will increase the contract amount by
$10,765.00 for a revised contract total of $56,685.00. $740,000 is budgeted for this
project in the Streets Capital Improvement Projects Fund. A total of $97,263.33 has been
expended or committed to date, leaving a balance of $642,736.67 for this change order and
future expenses related to right-of-way acquisition. No funds are budgeted at this time for
the detailed design or construction of the improvements.
Attachments:
1. Location map
2. Change Order
56
57
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¹
Legend
Area of Interest
58
November 10, 2011
Consent Agenda Item No. 2m
Project Number ST-1026
Barron Road Widening Phase 2
Professional Services Change Order
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion on a change order to the
Design Contract 04-176 with Jacobs Engineering Group, Inc., in the amount of $27,467.00,
for additional construction material testing services.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure. Goal IV, Improving Multi Modal Transportation.
Recommendation(s): Staff recommends approval of the change order.
Summary: As part of this project, Barron Road will be widened to four travel lanes,
include bicycle lanes, new sidewalks, and traffic signals. The construction for the Barron
Road Widening Phase 2 project has been ongoing since December 2010. We are currently
on schedule to finish the project in the spring of 2012. This change order is for additional
construction material testing services. Two separate factors are causing the need for this
change order:
· Unforeseen site conditions resulting in the need for additional tests.
· The scope of the project was smaller when the material testing scope was developed.
Unforeseen site conditions resulted in the need for additional tests
The Contractor encountered highly variable soils in the right of way with significantly
different engineering properties. Staff felt additional soil samples and testing was necessary
to ensure the subgrade stabilization specified in the Contract Documents was sufficient to
adequately prepare the subgrade for the anticipated pavement and traffic loading.
The scope of the project was smaller when the material testing scope was developed
When the construction material testing services were added to the scope of the design
consultant in June of 2009, the limits of construction were smaller than what is currently
being built. The addition of the traffic signal at SH 40 resulted in the widening of SH 40 to
allow for deceleration lanes. More testing was required for the increase in the quantity of
concrete as well as the addition of asphalt pavement.
Budget & Financial Summary: Change Order No. 3 will increase the contract amount by
$27,467.00 for a revised contract total of $930,643.60. Funds in the amount of
$5,363,779.00 are currently budgeted for this project in the Street Capital Improvement
Projects Fund. Also, $50,000.00 is budgeted in the Water Capital Improvement Projects
Fund for water components of this project. Funds in the amount of $4,164,964.70 have
been expended to date from ST1026, leaving a balance of $1,198,814.30 which will cover
this change order.
59
Attachments:
1.) Change Order
2.) Map
60
61
Barron Road Widening
Phase 2
S H 4 0 / W I L L I A M D F I T C H P K W Y
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November 10, 2011
Consent Agenda Item No. 2n
Annual Purchases of Oils and Lubricants
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion on awarding a price
agreement for annual purchases of fleet oils and lubricants to Kolkhorst Petroleum Co., Inc.
for an annual expenditure of $100,940.40. (Bid No. 12-004)
Recommendation(s): Staff recommends award of the price agreement to the lowest
responsible bidder, Kolkhorst Petroleum Co., Inc. for the annual not-to-exceed amount of
$100,940.40.
Summary: Sealed competitive bids were solicited and eight (8) bids were received.
Kolkhorst Petroleum Co, Inc. submitted the lowest bid providing the best value to the City.
(Please see the attached itemized bid tabulation for more detail.) Various oils, fluids and
lubricants will be purchased and maintained in inventory for the purpose of maintaining City
fleet/equipment. The vendor is responsible for delivering said products to the following
locations on an as needed basis: Public Works/Fleet and Public Utilities.
Budget & Financial Summary: Funds are budgeted and available in the Fleet
Maintenance fund. Fleet purchases are maintained in inventory and expensed to
departments as needed.
Attachments: Tabulation for Bid No. 12-004
63
City of College Station - Purchasing DivisionBid Tabulation for #12-004"Fleet Maintenance Oils and Lubricants"Open Date: Tuesday, October 25, 2011 @ 2:00 p.m.ITEM QTY UNIT DESCRIPTION UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE UNIT PRICEEXTENDEDPRICE1 6,000 Gal. AW 68 Hydraulic Oil$5.90 $35,400.00 $9.02 $54,120.00 $14.45 $86,700.00 $7.95 $47,700.00 $6.30 $37,800.00 $6.02 $36,120.00 $7.57 $45,420.00 $7.40 $44,400.002 1,000 Gal. Automatic Transmission Fluid (Multi-vehicle)$11.00 $11,000.00 $13.84 $13,840.00 No Bid No Bid $13.45 $13,450.00 $8.95 $8,950.00 $9.19 $9,190.00 $11.15 $11,150.00 $8.30 $8,300.003 6,000 Gal. Oil, Engine, SAE Grade 15W40$7.85 $47,100.00 $10.40 $62,400.00 $18.90 $113,400.00 $9.20 $55,200.00 $7.65 $45,900.00 $8.03 $48,180.00 $8.43 $50,580.00 $8.78 $52,680.00412Drum(120 lb)Grease #2EP Hi-Temp$230.00 $2,760.00 $285.60 $3,427.20 $424.80 $5,097.60 $242.69 $2,912.28 $280.00 $3,360.00 $226.44 $2,717.28 $240.00 $2,880.00 $264.00 $3,168.00512Drum(55 Gal)Lubricant, All Purpose Gear, GL5, SAE Grade 85W140$475.00 $5,700.00 $606.80 $7,281.60 $1,184.00 $14,208.00 $519.00 $6,228.00 $484.00 $5,808.00 $459.00 $5,508.00 $511.68 $6,140.16 $675.00 $8,100.00$115,481.52TOTAL BID PLUS PROMPT PAYMENT DISDOUNT $100,940.40Sun Coast Resources, Inc.(Houston, TX)$116,648.001%Lubra-Systems0% 0% 0% 0% 0%K.D. Timmons, Inc.(Bryan, TX)$125,490.28Network Lubricants ConocoPhillips$101,960.00 $141,068.801% 0%Mantek:»Bid Items 1, 3 and the Grand Total were not calculated correctly as the bidder decreased the specified quantities for Bid Items 1 and 3. The highlighted totals above are calculated based on the quantities specified in Bid No. 12-004. NOTES:Certification of Bid TOTAL BIDKolkhorst Petroleum Co. Inc.(Navasota, TX)ADA Resources, Inc.(Houston, TX)Universal Lubricants(Whichita, KS)Lubra Guard, Lubra Max, Etc.$219,405.60Manufacturer(s)Prompt Payment DiscountSuper SMantek, Div. of NCH Corp.(Dallas, TX)Hydra, Universal, Dyna Plex, Etc. Citgo, Golden West ConocoBrazos Valley Lubricants(Bryan, TX)Tex Con Oil Co.(Austin, TX)$101,818.00 $101,715.28 $116,170.16Page 1 of 164
November 10, 2011
Consent Agenda Item No. 2o
Additional Expenditures for Diesel and Gas Purchases
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action and discussion on ratification of $150,000
additional expenditures plus $150,000 anticipated expenditures for a total of $300,000.00 for the
purchase of gasoline and diesel fuel from Brenco Marketing. Approval of the additional
expenditures will bring the total annual estimated expenditures to $1,552,000.00.
Recommendation(s): Staff recommends approval of additional expenditures up to
$300,000.00.
Summary: Additional expenditures are necessary to complete the current contract term due to
the rising cost of fuel prices over the past year. The current contract has firm fixed prices for profit
and delivery, allowing us to pay cost (which fluctuates) plus markup. The request for additional
expenditures is based on the rising cost of fuel and is not the result of any change to the contract
or increase in quantities. The first renewal term was approved by Council on December 9, 2010 for
the amount of $1,252,000.00. Within the last six (6) months, the City has spent an average of
$130,608.00 per month on gasoline and diesel fuel. Invoices for the current contract term, as well
as data from the Energy Information Administration, indicate the total cost for gasoline has
increased by $0.65 per gallon and the total cost for diesel fuel has increased by $0.78 per gallon
over this time last year. By approving this request, the total annual contract for gasoline and
diesel fuel is anticipated to be $1,552,000.00.
In 2009, the City of College Station joined with the City of Bryan, Brazos County, Texas A&M
University, College Station ISD and Bryan ISD in a cooperative bid for fuel. Council approved the
initial contract term with Brenco Marketing Corporation on December 20, 2009 and approved the
first renewal term on December 9, 2010. The second renewal of the existing contract is
forthcoming.
Budget & Financial Summary: Purchases of fuel are made through an inventory account.
Charges are made to the various departments for vehicle fuel use.
Attachments: None
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November 10, 2011
Consent Agenda Item No. 2p
Renewal Agreement for Printing and Mailing of Utility Bills and Inserts
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, possible action and discussion regarding the renewal
agreement for outsourcing the printing and mailing of Utility bills, late notices and inserts
for an estimated annual expenditure not to exceed $230,000 to Xpedient Mail.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the renewal agreement with Xpedient
Mail for Outsourcing the Printing and Mailing of Utility bills, late notices and inserts for an
estimated annual expenditure not to exceed $230,000.
Summary: Xpedient Mail uses the base bill product from Sungard Public Sector software
to produce and mail the bills and notices. They also print the utility bill insert. In addition,
Xpedient Mail provides City staff with exact duplicate (images) of the bill. This is the second
renewal option.
Budget & Financial Summary: We are currently sending out approximately 560,000
utility bills and final notices annually. Currently we spend approximately $16,000 annually
on supplies (paper, envelopes, etc), $21,000 on professional services, $30,000 for printing
of the insert and $115,000 on postage. FY 2012 actual expenses will depend upon number
of bills and late notices sent; postage costs; supply costs; and number and volume of utility
bill inserts. Funds are budgeted and available in the Utility Customer Service and the Public
Communications budget.
Attachments:
1. Renewal Agreement with Xpedient Mail
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November 10, 2011
Consent Agenda Item No. 2q
Asset Forfeiture Audit Reporting Form
To: David Neeley, City Manager
From: Jeff Capps, Chief of Police
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
the FY 11 Chapter 59 Asset Forfeiture Audit reporting form for the College Station Police
Department.
Relationship to Strategic Goals: Goal I. Financially sustainable city providing response to
core services and infrastructure.
Recommendation(s): Acceptance of Report
Summary: All law enforcement agencies who receive proceeds or property under Chapter
59 of the Code of Criminal Procedures – Forfeiture of Contraband, shall account for the
seizure, forfeiture, receipt, and specific expenditure of all such proceeds and property in an
audit, which is to be performed annually by the commissioners court or governing body of a
municipality, as appropriate. The annual period of the audit for a law enforcement agency
is the fiscal year of the municipality. The audit shall be completed on a form provided by
the Attorney General. Certified copies of the audit shall be delivered by the law
enforcement agency to the Comptroller’s office and the Attorney General no later than the
60th day after the date on which the annual period that is the subject of the audit ends.
This audit and subsequent report did not reveal any areas of concern and is submitted as an
administrative requirement by the State.
Budget & Financial Summary: Separate seizure fund. There is no impact upon the
General Fund.
Attachments:
1. FY 2011 Chapter 59 Asset Forfeiture Report by Law Enforcement Agency
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November 10, 2011
Consent Agenda Item No. 2r
Annual Purchase of EMS Supplies
To: David Neeley, City Manager
From: R. B Alley III, Fire Chief
Agenda Caption: Presentation, possible action, and discussion regarding the renewal of
an annual blanket purchase order with Boundtree Medical L.L.C. for $65,000.00 for EMS
supplies.
Recommendation(s): Staff recommends approval of this purchase.
Summary: Requesting approval to piggy-back on the City of Bryan’s annual price
agreement for EMS supplies year two renewal. The City of College Station has an interlocal
agreement with the City of Bryan that allows the cities to participate in cooperative
purchasing with one another. Piggy-backing an existing agreement saves the City staff time
and money by not having to conduct a formal bid process.
The City of Bryan’s bid terms require the successful bidder to agree to extend prices and
terms to all governmental entities that has entered into, or will enter into, joint purchasing
interlocal cooperation agreements with the City of Bryan.
Annual Price Agreement for EMS Supplies and Pharmaceuticals was originally bid by the City
of Bryan (Bid No. 09-111) and their City Council approved the original award of the
agreement to the lowest responsible bidder, Bound Tree Medical LLC, on July 14, 2009. This
request represents the optional two year renewal of this agreement for the City of Bryan.
Five (5) sealed bids were received and evaluated and it was determined that Bound Tree
Medical LLC offered the best value as they submitted the most complete and lowest
bid. When packaging/per cost differences were compared, it was determined that Bound
Tree Medical LLC offered the best value. Bid contained twelve (12) categories and a total of
327 bid items.
Bound Tree Medical LLC has satisfactorily supplied the City of College Station with EMS
supplies for the past four years.
Budget & Financial Summary: Funds are budgeted in the fire department budget for this
expenditure. This purchase order should provide for adequate purchasing of supplies for our
department’s current and future needs.
Attachments:
1. City of Bryan bid tabulation – on file in City Secreatary’s office
2. Boundtree contract EMS Medical supply list – on file in City Secretary’s office
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November 10, 2011
Consent Agenda Item No. 2s
Purchase of Consoles and Hardware for Utility Dispatch Center
To: David Neeley, City Manager
From: David Massey, Director of Electric Utilities
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
the purchase of consoles and related equipment for the new Utility Dispatch Center from
Command & Control Environments (CCE) through the TXMAS program and from the open
market (bid pricing was checked by Purchasing and is the lowest pricing) in the amount of
$70,231.93.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure.
Recommendation: Staff recommends approval of the purchase of consoles and equipment
from CCE in the amount of $70,231.93. The consoles have been priced utilizing the TXMAS
program in the amount of $47,813.93. The related equipment and shipping have been
priced on the open market in the amount of $22,418.00. COCS Purchasing staff received
informal pricing on the open market items and found that CCE quoted the lowest pricing for
these items. These contracts satisfy any State law requirements relating to competitive
bids or proposals.
Summary: : In May 2010, the City of College Station was required to self-certify as an
electric Transmission Operator (TOP) by the North American Electric Reliability Corporation
(NERC). As a result of this certification the City of College Station must become compliant
with Critical Infrastructure Protection (CIP) and Emergency Preparedness and Operations
(EOP) reliability standards established by NERC.
To achieve compliance with these NERC reliability standards College Station Utilities
implemented a plan which included the construction of the new Dispatch Center. Part of the
construction of the new Dispatch Center is the replacement and upgrade of outdated
equipment in use in the current Dispatch Center. The equipment listed in this contract is
necessary for the 24/7/365 mission critical operation of Utility Dispatch.
Budget & Financial Summary: Funds totaling $75,000 are budgeted in the Water and
Wastewater Capital Improvement Projects Funds for this purchase.
Attachment: Proposal
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TXMAS Proposal Summary
College Station Utilities Operations Center
TXMAS and Open Market Items
October 26, 2011
1. Evans Consoles TXMAS Contract: TXMAS-5-7110180 $47,813.93
28’ x 9’ Response sit/stand console and custom integrated
Millwork storage for SCADA servers and binders/books,
with 12”H slat wall support structure, integrated hardware
and cable management, single w/s input platform, two (2)
slat wall mounted task lights per console (see attached
drawings for project details).
2. Open Market Items Breakdown: $22,418.00
A. Double high LCD monitor arms with slat wall mount $ 3,965.00
Quantity 12; 6 per console
B. Iron Horse 24/7 Mission Critical Seating $12,920.00
Quantity: 8
C. Shipping and Transportation $ 5,533.00
Includes: Product crating for worksurfaces, end panels, and
other miscellaneous items, blanket wrapped console modules,
product loading onto carrier – air ride equipped, Customs
clearances as product is shipping from Calgary, Canada,
logistical support throughout the shipping cycle (4 – 8 days).
Project Summary:
Evans Consoles TXMAS Contract: TXMAS-5-7110180 $47,813.93
Open Market Items $22,418.00
Project Total: $70,231.93*
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Lead time: 12 – 16 weeks A.R.O.
Terms and Milestones:
100% due net 30 upon product shipping
Product will be delivered to a “clean” room at the final installation site. If the room is not
ready at the time of delivery, additional delivery and/or storage costs may be incurred.
*Any applicable taxes are not included in this proposal.
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November 10, 2011
Consent Agenda Item No. 2t
Bee Creek IV & V Project Closeout Change Order
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding Change Order No.
4 to the professional services contract (Contract No. 00-107) with LJA Engineering &
Surveying, Inc. for a decrease in the amount of $39,640.41 to clear the project
encumbrance and closeout the project.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure.
Recommendation(s): Staff recommends approving the change order.
Summary: Change Order #4 is for the closeout of the LJA Engineering contract and to
clear the encumbrance on the purchase order. The original contract with LJA Engineering
was for the design of channel improvements to Bee Creek Tributary “A” from Brothers
Boulevard to Texas Avenue. The goal of the project was to increase the flood carrying
capacity of the creek, reduce the floodplain width, and provide bank stabilization. However,
more recent flood studies, which revised the floodplain boundaries, have been submitted to
FEMA since the 2002 drainage study that formed the basis of the Bee Creek IV & V project.
Change order #3 allowed LJA to perform a cost-benefit analysis on the proposed channel
improvements. The analysis included an update to the model for Tributary “A” to determine
the baseline conditions, consider the benefit of the proposed channelization drainage
improvements, the benefit of expanding the capacity of the drainage structures at roadway
crossings, the construction cost and environmental impact, and a summary of the
downstream impacts. After performing the cost-benefit analysis, LJA concluded that
there was no recognizable benefit in moving forward with the drainage project
and that no major channel improvements are necessary at this time.
The analysis took into consideration the number of homes that may be impacted during a
100-yr or 1% storm event (1% chance of occurring in any given year) and the benefit
gained by mitigating or avoiding the costs associated with flood damage versus the cost of
completing the channel improvements. The previous flood study performed in 2002 showed
4 homes inundated by a 1% storm. After LJA updated their model with more recent
hydrologic data from a study performed by Mitchell & Morgan (M&M), no structures were
inundated by the 1% storm. The M&M study was recently approved by FEMA as a Letter or
Map Revision (LOMR) for the Bee Creek Combined project, which included a portion of the
Bee Creek IV & V project limits. M&M’s model will become the effective model and revise
the floodplain boundary once the LOMR completes its administrative review process and is
finalized by FEMA.
The Bee Creek IV & V construction project was canceled. The residents were notified of the
cancellation and intent of City crews to continue maintenance of the creek and perform
more localized projects as needed to address slope stabilization and erosion.
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Budget & Financial Summary: The revised budget for this project was $1,210,000. Funds
in the amount of $267,997 have been expended on the project. The project balance will
remain in the Drainage Fund to be used on future capital improvement projects.
Attachments:
1. Change Order
2. Project Map
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November 10, 2011
Consent Agenda Item No. 2u
Real Estate Appraisal Services
Contract Renewal
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action and discussion of the renewal of two
Master Agreements for Real Estate Appraisal Services: Holtkamp Realty Consultants
(Contract No. 09-314) and S.T. Lovett & Associates (Contract No. 09-218). Each Master
Agreement will not exceed $50,000. Approval of the renewal of these agreements will
authorize the City Manager or his delegate to approve Service Orders for each project within
the terms of each Master Agreement.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure.
Recommendation(s): Staff recommends approval of the Master Agreements.
Summary: As a result of RFP No. 09-69, Request for Proposal of Real Estate Appraisal
Services, three real estate appraisal firms were selected to prepare real estate appraisal
reports and provide real estate consulting services to the City of College Station. Last year
two of the three Master Agreements were renewed. This year, we are requesting to renew
the same Master Agreements for these two firms. This will be the final renewal based on
the terms of the original agreements.
Typical appraisal assignments include appraisal of public utility easements; the appraisal of
partial fee simple acquisitions; the appraisal of tracts for park land and greenways, as well
as other municipal uses. Each agreement will have a not to exceed amount of $50,000. In
order to keep multiple projects going concurrently, staff will assign projects to these firms
on a rotating basis.
Budget & Financial Summary: Funds for the appraisals are budgeted in the various
funds out of which the land will be purchased. In the case of land purchases for capital
projects, the funds are budgeted as part of the capital project.
Attachments:
1. Renewal Acceptance Form - Holtkamp Realty Consultants (in City Secretary’s Office)
2. Renewal Acceptance Form - S.T. Lovett & Associates (in City Secretary’s Office)
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November 10, 2011
Consent Agenda Item No. 2v
Reserve Fuel Interlocal Agreement
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion on an interlocal agreement
between the City of College Station, the College Station Independent School District, and
Texas A&M University to share fuel reserves in the event of an emergency supply disruption.
Relationship to Strategic Goals: Financially Sustainable City Providing Response to Core
Services and Infrastructure.
Recommendation(s): Staff respectfully recommends approval of the interlocal agreement
between the City of College Station, the College Station Independent School District, and
Texas A&M University to share fuel reserves in the event of an emergency supply disruption.
Summary: The interlocal agreement between the City of College Station, the College
Station Independent School District, and Texas A&M University would allow the entities to
share fuel reserves in the event of an emergency supply disruption. The fuel reserves and
sources considered under the agreement will be initiated in the event of natural disaster or
any other event that hinders the entities’ ability to maintain normal or emergency fleet
operations. This ILA does not require the Parties to provide fuel to another Party if
providing the fuel will hinder the providing Party’s normal or emergency operations.
Budget & Financial Summary: There will be a minor fiscal impact due to reserve fuel
sharing as set forth in the agreement, primarily administrative costs. An entity that
receives fuel from another entity pursuant to the agreement will reimburse the cost of fuel
within thirty (30) days after the providing entity sends an invoice for the fuel provided. The
reimbursement cost of the fuel will equal the contract price the providing entity paid for the
fuel on the day it was pumped from the providing entity’s fuel reserves, without markup.
Attachments:
1. Interlocal Agreement
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NEW COVERSHEET FORMAT EXAMPLE 1
November 10, 2011
Consent Agenda Item No. 2w
Interlocal Agreement with Brazos County
for On-Line Bidding
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, discussion and possible action on an Interlocal Agreement
between the City of College Station and Brazos County for On-Line Bidding Services.
Recommendation(s): Staff recommends approval of the Interlocal Agreement.
Summary: In February, 2004, the City of College Station launched the on-line bidding
system as part of the new website unveiling. This online bidding system was designed to
allow other agencies in the area to use the system for centralized vendor maintenance and
centralized e-procurement functions. It includes automatic notification to registered
vendors for bid postings, addendums, bid tabulations and bid awards. The City of Bryan has
participated in using the Online Bidding System since May 2008. Both Brazos County and
San Jacinto River Authority have recently requested to utilize the system as well.
Budget & Financial Summary: The City of College Station has already paid for the system
design and implementation. However, the Interlocal Agreement allows for the creation of a
“Users Group” consisting of all participating agencies to share in the cost of mutually agreed
upon enhancements to the system. There is no financial impact to allow Brazos County to
participate in our On Line Bidding System at this time.
Attachments: Interlocal Agreement with Brazos County for On Line Bidding
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NEW COVERSHEET FORMAT EXAMPLE 1
November 10, 2011
Consent Agenda Item No. 2x
Interlocal Agreement with San Jacinto River Authority
for On-Line Bidding
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation, discussion and possible action on an Interlocal Agreement
between the City of College Station and San Jacinto River Authority for On-Line Bidding
Services.
Recommendation(s): Staff recommends approval of the Interlocal Agreement.
Summary: In February, 2004, the City of College Station launched the on-line bidding
system as part of the new website unveiling. This online bidding system was designed to
allow other agencies in the area to use the system for centralized vendor maintenance and
centralized e-procurement functions. It includes automatic notification to registered
vendors for bid postings, addendums, bid tabulations and bid awards. The City of Bryan has
participated in using the Online Bidding System since May 2008. Both Brazos County and
San Jacinto River Authority have recently requested to utilize the system as well.
Budget & Financial Summary: The City of College Station has already paid for the system
design and implementation. However, the Interlocal Agreement allows for the creation of a
“Users Group” consisting of all participating agencies to share in the cost of mutually agreed
upon enhancements to the system. There is no financial impact to allow San Jacinto River
Authority to participate in our On Line Bidding System at this time.
Attachments: Interlocal Agreement with San Jacinto River Authority for On Line Bidding
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November 10, 2011
Consent Agenda Item No. 2y
Microsoft Enterprise Software Agreement with Dell
To: David Neeley, City Manager
From: Ben Roper, IT Director
Agenda Caption: Presentation, possible action, and discussion on approval of an
Enterprise Agreement (EA) for Microsoft software with Dell Marketing LP for a three year
period totaling $88,232.82.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends approval of the Agreement.
Summary: The City has made a determination to move from Novell software applications
for E-mail and File and Print services to Microsoft software applications for these services.
The FY 12 approved budget includes an approved project, CO 1201 to conduct this
migration. Dell Marketing LP has the Texas State Contract for Microsoft Volume Licenses,
which covers this contract (Texas Department of Information Resources Contract DIR-SDD-
1014).
This Agreement moves key Microsoft software licenses and products to a new licensing
program that will allow the City to receive product updates and upgrades at no cost.
Budget & Financial Summary: Funding for the first year cost of this Agreement
($26,502.40) is included in the E-mail and File System Migration Capital Project (CO 1201).
Attachments:
1. Quote from Dell
2. Enterprise Enrollment Direct Form
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SLG Microsoft Enterprise 6.4 Enrollment Cover page Page 1 of 12
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Enterprise Enrollment (indirect) State and Local
Framework ID N36
Microsoft Business Agreement
number (if applicable)
Reseller or Microsoft affiliate to
complete
U1063194
Reseller purchase order
number
Reseller to complete
Enterprise Agreement number
Reseller or Microsoft affiliate to
complete
01E61288
Previous Qualifying Enrollment
number
Reseller to complete
Enrollment number
Microsoft affiliate to complete
Previous Qualifying
Enrollment end date
Reseller to complete
This Microsoft Enterprise Enrollment is entered into between the following entities signing, as of the
effective date identified below.
Definitions. When used in this enrollment, “you” refers to the entity that signs this enrollment with us,
and “we” or “us” refers to the Microsoft entity that signs this enrollment.
“Qualifying Enrollment,” means (i) an enterprise enrollment under a separate Microsoft Select Master
Agreement or Microsoft Enterprise Agreement; (ii) any enterprise subscription enrollment entered into
under a separate Microsoft Enterprise Subscription Agreement; or (iii) any other enrollment submitted
under the Microsoft Enterprise Agreement identified on the cover page.
All other definitions in the Microsoft Enterprise Agreement identified above apply here.
Effective date. If you are renewing Software Assurance from one or more previous “Qualifying
Enrollments” then the effective date will be the day after the first Enrollment expires.
Otherwise the effective date will be the date this enrollment is signed by us. Where a previous Qualifying
Enrollment is being used, your reseller will require that enrollment number and end date to complete the
applicable boxes above.
Term. This enrollment will expire 36 full calendar months from the effective date. It could be terminated
earlier or renewed as provided in the Microsoft Enterprise Agreement. We will advise you of your renewal
options before it expires.
Representations and warranties. By signing this enrollment, the parties agree to be bound by the
terms of this enrollment, and you represent and warrant that: (i) you have read and understand the
Microsoft Business Agreement identified above (if any) and the Microsoft Enterprise Agreement, including
all documents it incorporates by reference and any amendments to those documents, and agree to be
bound by those terms; and (ii) you are either the entity that signed the Microsoft Enterprise Agreement or
its affiliate.
Non-exclusivity. This enrollment is non-exclusive. Nothing contained in it requires you to license, use or
promote Microsoft software or services exclusively. You may, if you choose, enter into agreements with
other parties to license, use or promote non-Microsoft software or services.
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This enrollment consists of (1) this cover page, (2) the Contact Information Page(s), (3) the Enterprise
order information, (4) the Reseller Information Form, (5) the Media Order Form, and (6) the Core User
CAL Terms and Conditions (if applicable).
Customer Contracting Microsoft Affiliate
Name of entity *
CITY OF COLLEGE STATION Microsoft Licensing, GP
Signature *
Signature
Printed name *
Erin Provazek
Printed name
Printed title *
Assistant IT Director
Printed title
Signature date *
Signature date
(date Microsoft affiliate countersigns)
* indicates required fields
Effective date
(may be different than our signature date)
Microsoft Volume Licensing web sites
(Note: We will advise you of any changes to these URLs.)
Product use rights http://microsoft.com/licensing
Product List http://microsoft.com/licensing
Microsoft Volume Licensing Services (MVLS)
(password protected site to view orders under this enrollment) https://licensing.microsoft.com/
Customer guide http://microsoft.com/licensing/programs/
Notices to Microsoft should be sent to: Copies should be sent to:
MSLI, GP
6100 Neil Road, Suite 210
Reno, Nevada USA 89511-1137
Dept. 551, Volume Licensing
Microsoft
Law and Corporate Affairs
One Microsoft Way
Redmond, WA 98052 USA
Volume Licensing Group
(425) 936-7329 fax
Attachments:
Media Order Form (required)
Core User CAL Terms and Conditions, if applicable
MS Capital Form, if applicable
Customer: Please remit to your reseller.
Reseller: Please remit to Microsoft.
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1. Contact information. Each party will notify the other in writing if any of the information in
the following contact information page(s) change. The * indicates required fields. By providing contact
information, you consent to its use for purposes of administering this enrollment by us, our affiliates, and
other parties that help us administer this enrollment.
Primary contact information: The customer signing on the cover page must identify an
individual from inside its organization to serve as the primary contact. This contact is the default online
administrator for this enrollment and receives all notices unless you provide us written notice of a change.
The online administrator may appoint others as administrators and grant others access to online
information.
Customer
Name of entity *
CITY OF COLLEGE STATION
Contact name *
Last Provazek
First Erin
Street address *
310 Krenek Tap Road
Contact email address (required for online access) *
eprovazek@cstx.gov
City *
College Station
State/Province *
TX
Phone
(979) 764-3482
Country *
USA
Postal code *
77842
Fax
(979) 764-3664
Notices and online access contact information: Complete this only if you want to
designate a notices and online access contact different than the primary contact. This contact will
become the default online administrator for this enrollment and receive all notices. This contact may
appoint other administrators and grant others access to online information.
Notices and online access contact
Same as primary contact
Name of entity
Contact name
Last
First
Street address
Contact email address (required for online access)
City
State/Province
Phone
Country
Postal code
Fax
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Language preference: This section designates the language in which you prefer to receive
notices.
English
Additional electronic contractual notices contact information: This contact will
receive electronic contractual notices in addition to the notices contact. This contact is not required if you
do not want an additional set of notices issued.
Electronic contractual notices contact
Name of entity
CITY OF COLLEGE STATION
Contact name
Last Roper
First Ben
Street address
310 Krenek Tap Road
Contact email address (required for electronic notices)
77842
City
College Station
State/Province
TX
Phone
(979) 764-3538
Country
USA
Postal code
77842
Fax
(979) 764-3664
Software Assurance benefits contact: This contact will receive communications concerning
Software Assurance benefits, and any additional TechNet subscriptions that have been ordered
separately from Software Assurance under this enrollment. This contact is optional. If this contact is not
completed, any notices for Software Assurance benefits will default to the notices and online contact.
Software Assurance benefits contact
Name of entity
Contact name
Last
First
Street address
Contact email address (required for electronic notices)
City
State/Province
Phone
Country
Postal code
Fax
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MSDN contact: This contact will receive communications concerning registration for MSDN
products ordered under this enrollment. This contact is optional. If this contact is not completed, any
notices for MSDN will default to the notices and online contact.
MSDN contact
Name of entity
Contact name
Last
First
Street address
Contact email address (required for electronic notices)
City
State/Province
Phone
Country
Postal code
Fax
Microsoft account manager: This section designates your Microsoft account manager contact.
Microsoft account manager name
Microsoft account manager email address
@microsoft.com
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2. Defining your enterprise.
Use this section to identify which affiliates will be included in your enterprise. Your enterprise must
consist of entire government agencies, departments or legal jurisdictions, not partial government
agencies, departments, or legal jurisdictions. Each affiliate must be entirely “in” or entirely “out.” All
affiliates acquired after the effective date of this enrollment that are not party to a Qualifying Enrollment of
their own will automatically be included unless you fill in part b below.
a. Use this part (a) to determine which current affiliates will be included in your enterprise.
Check only one of the boxes in part (a).
Only you (and no other affiliates) will be participating
You and the following affiliates will be participating
(attach a list of names on a separate piece of paper if more than 10 affiliates are being included):
1
2
3
4
5
6
7
8
9
10
b. Use this part (b) to indicate whether affiliates with which you consolidate after the enrollment
effective date will be included. Unless you check the box below, all affiliates you
consolidate with after the enrollment effective date that are not party to a Qualifying
Enrollment of their own will automatically be included.
Exclude all affiliates consolidated with after the enrollment effective date that are not party to a Qualifying
Enrollment of their own.
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3. Selecting your language option.
Select the option for the languages in which you will run the products licensed under this enrollment.
The options and their corresponding languages are identified here.
· Select All Languages to run your products in any of the Listed, Extended or Restricted
Languages. This option also allows you to run Multi-Language packs for your products.
· Select Listed Languages to run your products in those languages.
· Select Extended Languages to run your products in those languages.
· If you select the Listed or Extended Languages option you may run up to 10% of the
copies of each of your products in All Languages.
Check one box
Listed Languages
All Languages
Extended Languages
All Languages
“Listed Languages” “Restricted Languages” “Extended Languages”
Arabic
Bulgarian
Chinese Simplified
Chinese Traditional
Croatian
English1Hebrew
Indic
Japanese
Korean
Portuguese (Brazil)
Romanian
Russian
Serbian
Spanish2
Thai
Turkish
Ukrainian
Danish
Dutch
English1
Finnish
French3
German
Greek
Italian
Norwegian
Portuguese (Portugal)
Spanish2
Swedish
Czech
Estonian
Hungarian
Latvian
Lithuanian
Polish
Slovenian
Slovak
1 English is a Listed Language if this enrollment is signed outside of the following countries and a Restricted
Language if this enrollment is signed inside these countries: Austria, Belgium, Cyprus, Czech Republic,
Denmark, Estonia, France, Finland, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, United Kingdom,
Switzerland, Sweden, or Spain. English is a “Listed Language”, except when restricted as described in the
“Restricted Languages” list (see footnote 3)
2 Spanish is a Listed Language only if this enrollment is signed in Latin America and is otherwise Restricted
Language.
3 French is a “Listed Language,” if signed in Canada
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4. Language allocation.
Provide us with your good faith estimate of the specific languages in which you will run all copies of all
products and the approximate percentage of those copies you will run in each language. Information that
you provide here does not limit your future use of products under this enrollment in any permitted
language within the language group you select above. Attach a separate sheet if more space is needed.
Language Percentages
English 100%%
%
%
%
5. Applicable currency.
Payments made in connection with this enrollment must be in U.S. Dollars
6. Establishing your price level.
The price level for enterprise products is determined by the terms and conditions of the enterprise
agreement. Your price level for additional products will be level “D”.
Qualified desktops: You represent that the total number of qualified desktops
in your enterprise is, or will be increased to, this number during the initial term of
this enrollment (This number must be equal to at least 250 desktops).
Qualified users: You represent that the total number of qualified users in your enterprise
is, or will be increased to, this number during the initial term of this enrollment (This
number must be equal to at least 250 users).
950
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7. Enterprise product orders.
Your reseller will provide you with your product pricing and order. Your prices and payment
terms for all products ordered will be determined by agreement between you and your reseller.
Your reseller will provide us with your order separately from this enrollment.
We will invoice your reseller in three equal annual installments for the enterprise products covered by
your initial order. The first installment will be invoiced to your reseller upon our acceptance of this
enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment
effective date. We will invoice your reseller for the enterprise products covered by any true up orders in
total upon our acceptance of each true up order.
Select the enterprise products to be covered by your initial order. If you select the Core CAL, you must
select either desktop or user licenses.
Enterprise Products Desktop
Licenses
User
Licenses
Windows Desktop Operating
System Upgrade
Office Professional Plus1
Office Enterprise
Office Standard 1
Core Client Access License 1, 2
Enterprise Client Access
License Suite1, 2
Exchange Server Client Access
License Standard2
Exchange Server Client Access
License Enterprise 2
Office SharePoint Server Client
Access License Standard 2
OfficeSharePoint Server Client
Access License Enterprise2
Windows Server Client Access
License 2
Systems Management Server
Configuration Management
License
Systems Center Operations
Manager Client Operations
Management License
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Windows Terminal Services
Client Access License 2
Office Communication Server
Client Access License
Standard 2
Office Communication Server
Client Access License
Enterprise 2
SQL Server Client Access
License 2
Microsoft Rights Management
Services
Microsoft Forefront Security
Suite
1 The components of the current versions of Office Professional, Office Standard and the current versions of the
components that make up the Core CAL, are identified in the Product List.
2 If you select a User CAL and the agreement identified on the cover page is version 6.1 or earlier, the
User CAL Terms and Conditions apply.
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8. Additional Products
We will invoice your reseller for each additional product covered by your initial order in three equal annual
installments. The first installment will be invoiced to your reseller upon our acceptance of this enrollment;
the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date.
We will invoice your reseller for any new additional product not initially included in your enrollment in total
upon our acceptance of your order. We will invoice your reseller for additional products initially included in
your enrollment and covered by any true up order submitted during the initial term in total upon our
acceptance of your true up order.
9. Qualifying systems licenses.
All desktop operating system licenses provided under this program are upgrade Licenses. No full
operating system licenses are available under this program. Therefore, if you select the Windows
Desktop Operating System Upgrade & Software Assurance, all qualified desktops on which you will run
the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating
systems identified in the Product List at http://www.microsoft.com/licensing. Note that the list of operating
systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances
of your order. That list is more extensive at the time of your initial order than it is for some subsequent
true ups and system refreshes during the term of your enrollment.
10. Renewal orders.
For any 36-month renewal, your renewal order will be invoiced to your reseller in three annual
installments. The first installment will be invoiced upon our acceptance of the renewal order; the
remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal
term. For any 12-month renewal and for any true up orders, we will invoice your reseller in total upon our
acceptance of your order.
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Your reseller should complete the following sections and sign this form where indicated.
General information
Reseller company name:
Dell Marketing LP
Street address: (PO boxes will not be accepted)
850 Asbury Dr.
City and State / Province and postal code:
Buffalo Grove, IL
Country:
US
Contact name:
Nathan Schramm
Phone number:
847-465-3700
Fax number:
847-465-3277
Email address:
us_ms_vl_admin@dell.com
The undersigned confirms that the reseller information is correct.
Name of reseller
Dell
Signature
Printed name
Nathan Schramm
Printed title
Senior Buyer
Date
118
November 10, 2011
Consent Agenda Item No. 2z
Bee Creek Sewer Line
Professional Services Contract
Project Number WF1369909
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion on a Professional Services
Contract (Contract Number 11-264) with Kimley-Horn and Associates, Inc. for
$1,518,250.00 for design, bidding, and construction administration for the Bee Creek Sewer
Line.
Relationship to Strategic Goals: Goal I, Financially Sustainable City Providing Response
to Core Services and Infrastructure.
Recommendation(s): Staff recommends approval of this professional services
contract.
Summary: The scope of the project is for design and construction administration of a
sewer trunkline to serve the Bee Creek Sewershed. A significant portion of the existing
sewer was installed in 1973. The computer modeling and flow data collected during the
development of the Wastewater Master Plan indicates that the wastewater flows in the
existing line serving this sewershed are near the capacity of the pipeline.
This project will increase the system capacity in the Bee Creek Sewershed to accept the
ultimate build-out demand anticipated for this area of the City based on the land uses
included in the Comprehensive Plan. Kimley-Horn and Associates, Inc. was awarded the
contract based upon their prior experience of designing other similar projects through the
Request for Qualification 11-80 process.
This project has been scheduled to stay ahead of the wastewater demands of new
development. With the design being completed in FY-12, then phase one of construction in
FY-13 and phase 2 in FY-14, adequate capacity will exist as new developments come on-
line. Please note that Water Services staff will perform trunk line cleaning in FY-12 to gain
capacity on this line, and minimize the risk of an overflow.
Budget & Financial Summary: The contract amount for design and construction
administration is not to exceed $1,518,250.00. This project was not included in the FY11
Approved Budget because the project was not defined when the FY11 Approved Budget was
developed. The total budget for this project is $14,703,625. $2,000,000 of this budget was
included on FY11 Budget Amendment #3 (approved 8-25-11). The balance of the budget
will be appropriated in future years.
Attachments:
1.) Resolution
2.) Project Location Maps
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120
121
122
123
124
November 10, 2011
Consent Agenda Item No. 2aa
Wolf Pen Creek Water Feature and Festival Area
Rejection of Request for Proposal No. 11-35
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding rejection of
Request for Proposal No. 11-35 for the Wolf Pen Creek Water Feature and Festival Area
Project.
Relationship to Strategic Goals: Goal III, Diverse Growing Economy.
Recommendation(s): Staff recommends that RFP No. 11-35 be rejected.
Summary: On October 8, 2009 City Council approved a contract with Clark Condon
Associates for the Wolf Pen Creek Water Feature and Festival Area Master Plan. The master
plan identified the key elements of the project and narrowed and defined the scope of work
for the project in order to proceed with a design contract.
On March 11, 2010 the City Council adopted the Wolf Pen Creek Water Feature and Festival
Area Master Plan as an element of the Wolf Pen Creek Master Plan, and approved a design
contract with Clark Condon Associates to develop detail drawings and technical
specifications for the water feature and festival area.
On November 10, 2010 the City Council provided direction to staff to proceed with the
advertisement for construction proposals. Proposals were received on February 24, 2011.
All five of the proposals included a construction cost that exceeded the construction budget.
Staff reviewed and ranked the proposals and concluded that the proposal submitted by
Dudley Construction provided the best value to the City for this project. Staff worked with
the design team to reduce the scope of the project and negotiated with the construction
contractor to bring the project within the construction budget.
Due to legal and financial constraints associated with the fund balance in the TIF at the
expiration of the TIF, staff is recommending that the proposals be rejected.
Budget & Financial Summary: This project was to be funded from the Wolf Pen Creek TIF
Fund in the amount of $3,500,000.
Attachments: None
125
November 10, 2011
Consent Agenda Item No. 2bb
Green College Station Citizens Task Force Charge and Dissolution
To: David Neeley, City Manager
From: City Manager’s Office
Agenda Caption: Presentation, possible action, and discussion regarding the charge and
possible dissolution of the Green College Station Citizens Task Force.
Recommendation: Staff recommends that the Council dissolve the Green College Station
Citizens Task Force.
Summary: The City Council passed Resolution 1-28-08-2o on January 24, 2008 approving
the Green College Station Policy which created the Green College Station Citizens Task
Force. The Task Force was charged to support the City Manager’s efforts to develop the
Green College Station Action Plan which would address energy efficiency and renewable
energy, air quality, water conservation, protection of green areas, green building practices
and green house gas emission reduction.
Since that time, the Task Force has expressed a difference in views and focus that goes
beyond the stated charge given to it by the Council. Therefore, staff is asking the Council to
dissolve the Task Force and thank the Task Force members for their efforts.
Staff remains committed to sustainability efforts and to the completion and ultimate
implementation of the Green College Station Action Plan, which will be presented to the
Council upon completion.
Budget & Financial Summary: N/A
Attachments:
1) Resolution 1-28-08-2o
2) Resolution
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DISSOLVING THE GREEN COLLEGE STATION CITIZENS TASK FORCE.
WHEREAS, The Green College Station Citizens Task Force was created by Resolution 1-28
08-20 on January 24, 2008 in order to assist the City Manager's efforts to develop the Green
College Station Action Plan; and
WHEREAS, The City Council remains committed to sustainability efforts and supports the
completion of the Green College Station Action Plan by City staff; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby dissolves the Green College Station Citizens Task
Force and wishes to thank its members for their services.
PART 2: That this resolution shall take effect immediately from and after its passage.
ADOPTED this ___day of _______, A.D. 2011.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
cru&;2 ~!)p<J
City Attorney
129
November 10, 2011
Regular Agenda Item No. 1
Rezoning for 2041 Holleman Drive West
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development
Services
Agenda Caption: Public hearing, presentation, possible action, and discussion 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 1.217
acres located at 2041 Holleman Drive West, more generally located on the northeast corner
of the intersection with Harvey Mitchell Parkway, from R-4 Multi-Family to C-1 General
Commercial.
Recommendation(s): The Planning and Zoning Commission considered this item at their
October 20, 2011 meeting and voted 6-0 to recommend approval of the rezoning request.
Staff also recommended approval of the request.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan designates the
subject tract as Urban and is located within Growth Area VI. This Urban Growth Area is
described by the Comprehensive Plan as an area “for intense land use activities including
general commercial, office uses, townhomes, high-density apartments, and vertical
mixed-use.” Commercial uses are an appropriate consideration for this area of the City
given the tract’s location at the intersection of two major thoroughfares, Harvey Mitchell
Parkway (Freeway) and Holleman Drive West (4-lane Major Collector).
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The property across Holleman Drive
West is developed as a convenience store with a fueling station and other commercial
uses as would be permitted by this request. The adjacent properties on the east side of
Holleman Drive West are zoned and developed for multi-family uses. The development
of commercial uses on the subject tract would require the installation a buffer yard along
the property lines of the adjacent multi-family developments.
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 request would allow the development of commercial and/or retail uses at the
intersection of two major thoroughfares, Harvey Mitchell Parkway and Holleman Drive
West. In general, the area is largely developed with multi-family uses and few non-
residential uses so the proposed request would provide additional commercial
opportunities to serve this portion of the City.
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
subject tract is currently zoned R-4 Multi-Family. The adjacent properties are already
130
developed with multi-family uses and this tract could develop in a similar fashion. The
configuration, scale, and location of the subject tract, however, make the development
of multi-family uses less suitable.
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 subject tract was not included in the development of the adjacent multi-family and
is less marketable for multi-family uses due to its limited size.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: The subject tract is
adjacent to an 8-inch water main along Holleman Drive West that with platting will be
required to be extended along the western and southern property lines. There is also a
15-inch sanitary sewer line available to serve this tract. Drainage is mainly to the west
within the Bee Creek Drainage Basin. All drainage and utilities infrastructure shall be
designed in accordance with BCS Unified Design Guidelines at the time of platting and
site development. The tract is adjacent to Harvey Mitchell Parkway, a Freeway on the
Thoroughfare Plan, and Holleman Drive West, a 4-Lane Major Collector. Right-of-way
dedication will be required on Holleman Drive West when the tract is platted.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Draft Planning & Zoning Commission Minutes – October 20, 2011
4. Ordinance
131
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: October 20, 2011
Advertised Council Hearing Date: November 10, 2011
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: Five
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: Two
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Urban R-4 Multi-Family Multi-family
South
(across Harvey
Mitchell Parkway,
freeway)
Urban PDD Planned
Development District Vacant
East Urban R-4 Multi-Family Developing multi-
family
West
(across Holleman
Drive West, major
collector)
Urban
PDD-B Planned
Development District
– Business
R-2 Duplex
Convenience store
with fueling station
Duplexes
DEVELOPMENT HISTORY
Annexation: 1970
Zoning: R-4 Multi-Family (2003, the R-5 district consolidated with R-4); R-5
Apartment Medium Density (1999); R-1 Single-Family Residential
(upon annexation)
Final Plat: Not platted
Site development: Vacant
132
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October 20, 2011 DRAFT P&Z Regular Meeting Minutes Page 1 of 1
DRAFT MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
October 20, 2011, 7:00 p.m.
City Hall Council Chambers
College Station, Texas
COMMISSIONERS PRESENT: Chairman Mike Ashfield, Bo Miles, Craig Hall, Jerome
Rektorik, Jim Ross, and James Benham
COMMISSIONERS ABSENT: Jodi Warner
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Bob Cowell, Lance Simms, Molly Hitchcock, Joe Guerra, Alan
Gibbs, Erika Bridges, Jason Schubert, Jennifer Prochazka, Morgan Hester, Matt Robinson,
Lauren Hovde, Venessa Garza, Adam Falco, Brittany Caldwell, and Jordan Wood
1. Call meeting to order.
Chairman Ashfield called the meeting to order at 7:00 p.m.
Regular Agenda
6. Public hearing, presentation, possible action, and discussion regarding a rezoning request
for 1.217 acres located at 2041 Holleman Drive West at the intersection of Harvey
Mitchell Parkway from R-4 Multi-Family to C-1 General Commercial. Case # 11-
00500136 (JS) (Note: Final action on this item is scheduled for the November 10,
2011 City Council Meeting – subject to change)
Principal Planner Schubert presented the rezoning and recommended approval.
Jesse Durden, spoke on behalf of the applicant and stated that the rezoning was
appropriate at the conjunction of two major thoroughfares.
Don Jones, agent for owner, stated that there was a lack of retail in the area and this
rezoning would allow for more retail.
Commissioner Ashfield opened the public hearing.
No one spoke during the public hearing.
Commissioner Ashfield closed the public hearing.
Commissioner Ross motioned to recommend approval. Commissioner Benham
seconded the motion, motion passed (6-0).
11. Adjourn.
The meeting was adjourned at 10:24 p.m.
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136
137
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November 10, 2011
Regular Agenda Item No. 2
Rezoning for 6100 Victoria Avenue
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Executive Director - Planning & Development
Services
Agenda Caption: Public hearing, presentation, possible action, and discussion 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 6.86 acres
located at 6100 Victoria Avenue, and more generally located west of the Castlegate
Subdivision, from A-O Agricultural Open to R-1 Single-Family Residential and R-1B Single-
Family Residential.
Recommendation(s): The Planning and Zoning Commission considered this item at their
October 20, 2011 meeting and voted 6-0 to recommend approval of the rezoning request.
Staff also recommended approval of the request.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan Future Land
Use and Character Map designates the subject tracts as Natural Areas-Protected, which
is generally used to designate areas that are permanently protected from development.
These areas are preserved for their natural function or for parks, recreation, or
greenways opportunities. However, the subject tracts are part of the larger 202-acre
development that has been preliminary platted and in the process of being developed.
As such, parkland dedication, common areas, and open space for the subdivision have
already been planned. Surrounding property is designated Restricted Suburban on the
Future Land Use and Character Map and the proposed R-1 Single-Family Residential and
R-1B Single-Family Residential zoning districts are consistent with the development
currently underway as well the designated Future Land Use.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The subject tracts are currently zoned
A-O Agricultural Open and are generally surrounded by property zoned and/or developed
for single-family uses. This includes the existing Castlegate Subdivision to the east and
the developing Castlegate II subdivision to the north, south, and west. The proposed
rezoning is compatible to nearby properties on the basis of use and character as the
proposal consists of medium density single-family residential uses amongst existing and
planned medium density single-family residences.
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 subject
tracts are located along four right-of-ways, with potential access being taken from two
local residential streets. The proposed rezoning includes medium density single-family
residential uses, which is suitable for the subject tracts based on there location and
proximity to existing and developing single-family residential uses. Additionally, the
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rezoning excludes all portions of FEMA-identified floodplain except for a small portion
that is intended to be utilized as part of a larger common area for the subdivision. A
retention/detention facility, which is to remain common area, will be located to the rear
of the property proposed to have an R-1B designation.
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
subject tracts are currently zoned A-O Agricultural Open. Permitted uses in the A-O
zoning district include low density residential, agricultural, or open space uses and are
generally compatible with residential development. The uses permitted in the A-O
district are generally less intense, generate less traffic, and have lower utility demands
than the proposed medium density single-family residential uses.
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 subject tracts are currently zoned A-O Agricultural Open, which limits potential
development to agricultural, low-intensity residential, or open space uses. Surrounding
property is currently developed or in the process of being developed for medium density
single-family residential uses. The applicant desires to increase the marketability and
development potential of the subject tracts with the proposed rezoning.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: The subject tracts are
located adjacent to an 8-inch water and 8-inch sanitary sewer system. The subject tract
is located in the Spring Creek Drainage Basin. The subject tract is encroached by the
100-yr FloodPlain, FEMA Regulated Special Flood Hazard Area Zone AE per FEMA FIRM
Panel 205 D. The developer's engineer has demonstrated that the floodplain is contained
within the development’s retention/detention facility, which is to remain as common
area for the subdivision and is not being considered as part of this rezoning. The subject
tracts are located adjacent to future streets identified as WS Phillips Parkway (major
collector avenue), Victoria Avenue (major collector avenue), Norwich Drive (local
residential street), and Odell Lane (local residential street).
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Draft Planning & Zoning Commission Minutes – October 20, 2011
4. Ordinance
141
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: October 20, 2011
Advertised Council Hearing Dates: November 10, 2011
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:
Castlegate HOA
Gardens at Castlegate HOA
Property owner notices mailed: 17
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: 4
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Restricted Suburban R-1, Single-Family
Residential
Vacant
South Restricted Suburban R-1, Single-Family
Residential
Vacant
East Restricted Suburban PDD, Planned
Development District
Single-family
(Castlegate
Subdivision)
West Restricted Suburban R-1, Single-Family
Residential
Vacant
DEVELOPMENT HISTORY
Annexation: 1995
Zoning: A-O Agricultural Open (upon annexation)
Final Plat: Not currently platted. A preliminary plat was approved in 2011
(Castlegate II Subdivision).
Site development: First phase of subdivision is currently under development.
142
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October 20, 2011 DRAFT P&Z Regular Meeting Minutes Page 1 of 1
DRAFT MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
October 20, 2011, 7:00 p.m.
City Hall Council Chambers
College Station, Texas
COMMISSIONERS PRESENT: Chairman Mike Ashfield, Bo Miles, Craig Hall, Jerome
Rektorik, Jim Ross, and James Benham
COMMISSIONERS ABSENT: Jodi Warner
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Bob Cowell, Lance Simms, Molly Hitchcock, Joe Guerra, Alan
Gibbs, Erika Bridges, Jason Schubert, Jennifer Prochazka, Morgan Hester, Matt Robinson,
Lauren Hovde, Venessa Garza, Adam Falco, Brittany Caldwell, and Jordan Wood
1. Call meeting to order.
Chairman Ashfield called the meeting to order at 7:00 p.m.
Regular Agenda
6. Public hearing, presentation, possible action, and discussion regarding a rezoning request
for 1.217 acres located at 2041 Holleman Drive West at the intersection of Harvey
Mitchell Parkway from R-4 Multi-Family to C-1 General Commercial. Case # 11-
00500136 (JS) (Note: Final action on this item is scheduled for the November 10,
2011 City Council Meeting – subject to change)
Principal Planner Schubert presented the rezoning and recommended approval.
Jesse Durden, spoke on behalf of the applicant and stated that the rezoning was
appropriate at the conjunction of two major thoroughfares.
Don Jones, agent for owner, stated that there was a lack of retail in the area and this
rezoning would allow for more retail.
Commissioner Ashfield opened the public hearing.
No one spoke during the public hearing.
Commissioner Ashfield closed the public hearing.
Commissioner Ross motioned to recommend approval. Commissioner Benham
seconded the motion, motion passed (6-0).
11. Adjourn.
The meeting was adjourned at 10:24 p.m.
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147
148
149
150
151
152
153
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155
156
157
158
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November 10, 2011
Regular Agenda Item No. 3
Board Appointment
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion on appointments to the
Brazos Valley Animal Shelter Board.
Background & Summary: At the October 27, 2011 Regular Council Meeting, the City
Council accepted Judy LeUnes’ letter of resignation.
Attachments:
1. Bylaws
160
Brazos Animal Shelter Bylaws Amended November 2009 Page 1
Brazos Animal Shelter, Inc.
Bylaws
ARTICLE I – Title
Section 1.01. The name of the non-profit Corporation governed by these Bylaws is the Brazos
Animal Shelter, Inc.
ARTICLE II – Legal Status
Section 2.01. The Corporation is organized under the Texas Non-Profit Corporation Act and
other applicable Texas and Federal laws.
ARTICLE III – Purpose
Section 3.01. The purpose of the Corporation shall be to promote the health, safety, education
and welfare of the citizens of the Cities of Bryan and College Station and of Brazos County,
Texas, through the humane collection, care, treatment, detention and disposition of
abandoned, stray, wild and diseased animals and such other exclusively charitable and
education purposes within the meaning of section 501(c )(3) of the Internal Revenue Code of
1986 as amended.
Additionally, the Corporation shall offer its service and support to the Cities of
College Station and Bryan, Texas, and Brazos County, Texas, in fulfilling their obligations to
collect, care for, and detain stray and abandoned animals within their jurisdiction, to provide
rabies quarantine services, to administer the County licensing program, and to aid in support of
litigation in animal cruelty cases.
In furtherance thereof, the Corporation may purchase or lease property and
receive property by gift, devise or bequest, and invest and reinvest the same, and apply the
income and principle thereof, as the Board of Directors may from time to time determine,
either directly or through contributions to any charitable organization or organizations,
exclusively for charitable or educational purposes.
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In furtherance of its stated purposes, the Corporation shall have the general
powers enumerated in Chapter 22 of the Texas Business Organization Code and all other
relevant Texas statutes.
ARTICLE IV – Membership
Section 4.01. Membership. The Brazos Animal Shelter, Inc. shall have no members.
ARTICLE V – Board of Directors
Section 5.01. The Board of Directors will manage the corporate affairs of the Corporation.
Section 5.02. The Board of Directors shall consist of fifteen (15) voting members whose
nomination and approval shall be conducted in the following manner:
A. Three directors shall be appointed as follows:
(1) One citizen member appointed by the City Manager of the City of College
Station who is not an employee, officer, or elected official of the City of
College Station
(2) One citizen appointed by the City Manager of the City of Bryan who is not
an employee, officer, or elected official of the City of Bryan
(3) One citizen appointed by the County Judge of Brazos County, Texas who
is not an employee, officer, or elected official of Brazos County
B. Three directors shall be appointed as follows:
(1) One citizen member appointed by the City Council of the City of College
Station who may be an employee, officer, or elected official of the City of
College Station
(2) One citizen appointed by the City Council of the City of Bryan who may be
an employee, officer, or elected official of the City of Bryan
(3) One citizen appointed by the Commissioner’s Court of Brazos County,
Texas who may be an employee, officer, or elected official of Brazos
County
C. Nine at-large directors shall be determined as provided below.
Section 5.03. At-Large Directors. The remaining nine directors of the Board of Directors
shall serve two-year terms, with a maximum of three consecutive terms. At-large directors who
have served three consecutive terms are eligible for re-election or reappointment to the Board
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of Directors after they have been off the Board for at least one year. At-large directors of the
Board of Directors will be appointed to the Board upon nomination by the Nominating
Committee and election by a majority of the then-sitting Board. The Nominating Committee
shall submit nominations to the Board for at-large director positions at the August meeting
each year for those directors whose terms conclude on September 30 of that year. The Board
of Directors shall vote on said nominations at the September meeting of each year and the
terms of the officers elected to serve will commence on October 1 of each year. In the case of
vacancies in the at-large director positions, the Nominating Committee shall submit
nominations to the Board and the Board shall vote upon same as soon as is practical.
Section 5.04. Terms.
A. The initial fifteen (15) person Board of Directors shall hold office as follows:
(1) Each Director, whether appointed or at-large, shall serve for terms of two
years commencing on the first day of October following election or
appointment and ending the 30th day of September of the appropriate year,
except as hereinafter provided. In order to provide staggered terms, the
following members of the Board of Directors will initially serve a one-year
term:
a. One of the Directors provided for in Section 5.02A;
b. One of the Directors proved for in Section 5.02B; and
c. Five of the at-large Directors provided for in Section 5.02C.
(2) No Director shall serve more than three (3) consecutive two-year (2) terms
without a year off from the Board. A Director elected or appointed to an
initial one-year term may serve three (3) two-year (2) terms prior to being
required to take a year off from the Board.
Section 5.05. Qualifications of the Board of Directors. A member of the Board must reside or
own property within Brazos County, Texas
Section 5.06. Meetings. Regular meetings of the Board of Directors shall be held at least
monthly at a time and place to be fixed by resolution of the Board. Special Board meetings may
be called by, or at the request of, the President or any two directors. The director(s) requesting
a special meeting shall inform the Corporation’s Secretary of the information to be included in
the notice of the special meeting.
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Section 5.07. Quorum. A quorum shall consist of two-thirds (2/3) of the acting Board
members.
Section 5.08. Vote. The affirmative vote of a majority of Directors present shall be
required to take any action, unless otherwise provided for in these Bylaws.
Section 5.09. Duties. It is the duty of the Board of Directors to plan, supervise and
review the operations of the Corporation; to discover and analyze projects, plans and means of
furthering the purposes of the Corporation and to select such projects, plans and means as it
may deem worthy of implementation. The Board shall annually approve the budget submitted
to it by the Executive Director of the Corporation for the expenditure of all funds anticipated to
be available to it.
Directors will discharge their duties, including duties as committee members, in good faith, with
ordinary care, and in the manner they reasonably believe to be in the Corporation’s best
interest. In this context, “ordinary care” means the care that ordinarily prudent persons in
similar positions would exercise under similar circumstances. In discharging any duty imposed
or power conferred upon directors, directors may, in good faith, rely on information, opinions,
reports or statements, including financial statements and other financial data, concerning the
Corporation that has been prepared or presented by a variety of persons, including officers and
employees of the Corporation, professional advisors or experts such as accountants or legal
counsel. A Director is not relying in good faith if they have knowledge concerning a matter in
question that renders reliance unwarranted.
Directors are not deemed to have the duties of trustees of a trust with respect to the
Corporation or with respect to any property held or administered by the Corporation, including
property that may be subject to restrictions imposed by the donor or transferor of the
property.
Section 5.10. Delegating Duties. The Board may select advisors and delegate duties and
responsibilities to them, such as the power to sell, transfer, or otherwise dispose of the
Corporation’s assets and properties at a time and for a consideration that the Board deems
appropriate. The directors shall have no liability for actions taken or omitted by the advisors if
the Board acts in good faith and with ordinary care in selecting the advisor(s). The Board may
remove or replace the advisor(s) at any time and without cause.
Section 5.11. Removal. The Board may vote to remove a director at any time, without
cause, upon a vote of at least ten (10) members of the Board. The failure to attend three (3)
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consecutive Board meetings or any four (4) regular meetings in one fiscal year shall cause the
issue of removal to automatically be placed upon the agenda of the next succeeding meeting of
the Board of Directors after the last infraction. Removal of a director for failure to attend Board
meetings under this section requires good cause and a majority vote of the Board of Directors.
Section 5.12. Vacancies. Vacancies to the appointed position on the Board of Directors as
specified in Sections 5.02A and 5.02B shall be filled by the appropriate appointing body.
Vacancies occurring in the at-large director (Section 5.02C) positions shall be filed by a majority
vote of the Board of Directors for the unexpired portion of the term.
Section 5.13. Directors appointed under Section 5.02B may not vote on any matter relating to
the fiduciary or contractual relationship between the Corporation and the governmental entity
by which they are employed.
Section 5.14. Conflict of Interest in General. No officer or director of the Corporation
shall be interested (financially), directly or indirectly, in any contract relating to the operations
conducted by the Corporation, nor in any contract for furnishing services or supplies to the
Corporation, unless such contract is authorized by a majority of the Board of Directors at a
meeting in which the presence of such interested director(s) is not necessary for the purposes
of the quorum or for the purposes of a majority vote, and the fact and nature of such interests
is fully disclosed or known to the directors present at the meeting at which such contracts shall
be authorized.
Section 5.15. Manner of Acting. The act of a majority of the directors present at any
meeting at which a quorum is present shall be the act of the Board of Directors, unless the act
requires a vote by a greater number under these by-laws, in which case, an act by that number
of the Board of Directors shall be the act of the Board of Directors. The act of the Executive
Committee of the Board of Directors shall be the act of the Board of Directors, but is subject to
review and rescission by a majority of the Board of Directors at the Board’s next regular
meeting.
ARTICLE VI – Officers
Section 6.01. Number and Title. The Corporation’s officers shall be a President, Vice
President, Secretary, and Treasurer. An Executive Director will be hired by the Board of
Directors to serve the Corporation.
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Section 6.02. Election of Officers. The Nominating Committee shall present a slate of
officers to the full board at the Board’s August meeting each year. The slate shall consist of the
president, vice-president, secretary and treasurer, and one at-large member of the Board to
serve on the Executive Committee. The slate shall be voted upon at the September meeting,
and those elected shall take office for one-year terms on the following October 1. They shall
serve until their successors are chosen and qualified.
Section 6.03. Removal and Vacancies. Any officer elected may be removed by a vote of at
least ten (10) members of the Board whenever, in the Board’s judgment, the best interest of
the Corporation will be served thereby. Removing the officer will be without prejudice to the
officer’s contractual rights, if any. Election of an officer shall not of itself create a contractual
right. The Board may select a member of the Board of Directors to fill the vacancy of any office
for the unexpired portion of the officer’s term.
Section 6.04. Duties. Each Officer shall assume the responsibility for performing such
duties as are normally vested in such office being always subject to the policies and directions
of the Board of Directors.
A. President: The President shall preside at all meetings of the Board. The President is
responsible to the directors for overall direction of the affairs and the business of
the Board of Directors. The President may execute on behalf of the Board of
Directors any deeds, bonds, contracts, obligations or other instruments necessary or
convenient to transactions or other business that the directors have authorized,
except for cases where signing and execution thereof shall be expressly delegated by
the Board of Directors to some other officer or agent of the Board of Directors, or
shall be required by law to be otherwise signed or executed. The President shall be
the Chairman of the Executive Committee and shall be an ex-officio member of all
other committees of the Corporation, except the Nominating Committee. In
general, the President shall perform all duties incident to the office of President.
The Board may prescribe other duties from time to time.
B. Vice-President: In the absence of the President, the Vice President shall perform
the duties of the President. When so acting, the Vice President shall have all the
power of and be subject to all the restrictions upon the President. In the event of
the President’s inability or refusal to act, the majority of the Directors present at the
meeting at which a quorum is present may authorize the Vice President to preside.
The Vice President shall perform such other duties as from time to time may be
assigned by the President or by the Board of Directors. The execution of any
instrument of the Corporation by the Vice President shall be conclusive evidence, as
to third parties, of his authority to act for the President.
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C. Secretary: The Secretary of the Board of Directors shall cause a record to be
kept of the Proceedings of the Board of Directors. The Secretary will give all notices
as provided in these Bylaws or as required by law. This officer shall be custodian of
all books, documents, and papers filed with the Board of Directors, the minute book
or journal of the Board of Directors, and its official seal. The Secretary shall have the
authority to cause copies to be made of all the minutes and other records and
documents of the Board of Directors. The Secretary may certify under the official
seal of the Corporation that such copies are true copies. All persons dealing with the
Board of Directors may rely on such certification. The Secretary will perform duties
as assigned by the President of the Board and will perform all duties incident to the
office of Secretary.
D. Treasurer: The Treasurer also has the duty and authority, in addition to the
President or Executive Director, to control the financial matters for the Board of
Directors including but not limited to: receiving and giving receipts for monies due
and payable to the Corporation from any source; depositing all monies in the
Corporation’s name in banks or other depositories as these Bylaws provide or the
Board directs; writing checks and disbursing funds to discharge the Corporation’s
obligations, upon the co-signature of the President, Vice-President or Executive
Director; maintaining the Corporation’s financial books and records; and preparing
financial reports annually, with the aid of the Corporation’s professional staff. The
Treasurer performs other duties as assigned by the President of the Board and will
perform all of the duties incident to the office of the Treasurer.
E. Executive Director: The Executive Director shall be hired by and report to the
Board of Directors on such terms and conditions mutually agreeable and shall have
the authority to conduct all ordinary business on behalf of the Corporation and
execute and deliver on behalf of the Corporation any contract, conveyance, or
similar document not requiring approval by the Board of Directors and shall be a co-
signatory on all checks drawn on accounts of the Corporation along with either the
President, Vice-President, Secretary, or Treasurer. The Executive Director shall
cause to be made at each meeting of the Board of Directors a report on the various
operations, projects, and functions of the Corporation and shall provide an annual
report at the November meeting of the Board. The Executive Director serves at the
pleasure of the Board of Directors and is subject to termination without cause upon
a majority vote of the Board.
Section 6.05. Executive Committee of the Board of Directors. The officers of the Board of
Directors, the immediate past-president of the Board, and one member of the Board elected at
large shall form the Executive Committee of the Board of Directors. In the event that there is
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no immediate past president serving on the Board, two (2) members of the Board at large shall
be elected to the Executive Committee. The Executive Committee shall be authorized to
conduct the business of the Board between regular meetings of the Board and on an
emergency basis. The Executive Committee shall conduct an annual performance evaluation of
the Executive Director in writing. The Executive Committee shall report any action(s) taken to
the full Board at the next regular meeting of the Board.
ARTICLE VII – Committees
Section 7.01. Appointment. The President may from time to time appoint such
standing or ad hoc committees as he/she shall deem advisable to carry out the functions and
purposed of the Corporation.
Section 7.02. Nominating Committee. There shall be a nominating committee composed
of five (5) members of the Board of Directors, all of whom shall be elected by the Board-at-large
to one-year terms at the September meeting of the board each year, said terms commencing
on the following October 1. It shall be the responsibility of the Nominating Committee to
present a slate of officers pursuant to Section 6.02 of these Bylaws and to nominate new
members of the Board of Directors as vacancies occur. Any member of the Board is eligible to
serve on the Nominating Committee.
ARTICLE VIII – Fiscal Matters
Section 8.01. Budget. The Executive Director shall prepare an annual budget for
expenditure of all funds anticipated to be available to the Corporation to be submitted to the
Board of Directors.
Section 8.02. Funds. All receipts of the Corporation whether from public or private
sources shall be deposited in a financial institution insured by an agency of the Federal
Government. Funds on deposit in excess of the amount insured shall be moved and maintained
at a separate banking institution.
Section 8.03. Financial Records. The Corporation will maintain current true and accurate
financial records with full and correct entries made with respect to all financial transactions of
the Corporation, including all income and expenditures, in accordance with generally accepted
accounting practices. Based on these records the Board will approve an annual report of the
financial activity of the Corporation for the preceding year prepared by an outside auditor who
is qualified as a certified public accountant. The report will conform to accounting standards as
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promulgated by the American Institute of Certified Public Accountants and will include a
statement of support, revenue and expenses and changes in fund balances, a statement of
functional expenses, and balance sheets for all funds.
Section 8.04. Fiscal Year. The fiscal year for the Corporation shall begin on October 1 and
end on September 30.
Section 8.05. Spending Authority. The authority to incur debt on behalf of the
Corporation, spend the funds of the Corporation, and be a signatory to any Corporation
account is the province of the Board. However, the Board may delegate such authority to the
Executive Director or any member or employee of the Corporation.
Section 8.06. Compensation of Employees and Directors.
a. The Board of Directors shall fix the salaries and other compensation of the
employees or other agents of the Corporation.
b. The directors of the Corporation shall serve as such without salary, but the
Board may authorize the payment of reasonable expenses incurred by the
directors in the performance of their duties and reasonable compensation
for special services rendered by any director. Except as provided in this
section, no officer or director of the Corporation shall receive, directly or
indirectly, any salary or other compensation from the Corporation.
ARTICLE IX – Books and Records
Section 9.01. The Corporation will keep correct and complete books and records of account.
The books and records will include:
(a) A file-endorsed copy of all documents filed with the Texas Secretary of State
relating to the Corporation, including but not limited to the Articles of
Incorporation or Certificate of Formation, and any articles of amendment,
restated articles, articles of merger, articles of consolidation, and statement
change of registered office or registered agent.
(b) A copy of all Bylaws, including these Bylaws, and any amended version or
amendments to them.
(c) Minutes of the proceedings of the Board.
(d) A list of the names and addresses of the directors, officers, and any committee
members of the Corporation.
(e) The financial records as described in Section 8.03 of these Bylaws.
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Section 9.02. Inspection and Copying. Any director or officer of the Corporation, upon
written request, may inspect and receive copies of the corporate books and records required to
be maintained under Section 9.01 of these Bylaws. The inspection will take place at a
reasonable time, no later than ten (10) business days after the Corporation receives the written
request. The Board may establish reasonable copying fees, which may cover the cost of the
materials and labor. The Corporation will provide copies of the requested records no later than
ten (10) working days after receiving a written request.
ARTICLE X – Indemnification
Section 10.01. The Corporation shall indemnify a director, employee or agent of the
Corporation who was, is, or may be named a defendant or respondent in any proceeding as a
result of his or her actions or omissions within the scope of his or her official capacity in the
Corporation.
Section 10.02. The Corporation shall indemnify a person only if he or she acted in good
faith and reasonably believed that his or her conduct was in the Corporation’s best interest. In
cases of criminal proceeding, the person will be indemnified only if he or she had no reasonable
cause to believe that the conduct was unlawful. The Corporation will not indemnify a person
who is found liable to the Corporation or is found liable to another on the basis of improperly
receiving a personal benefit from the Corporation.
Section 10.03 For purposes of this article, a person is conclusively considered to have
been found liable in relation to any claim, issue, or matter if the person has been adjudged
liable by a court of competent jurisdiction and all appeals have been exhausted. The
termination of a proceeding by judgment, order, settlement, conviction, or on a plea of nolo
contendre or its equivalent does not necessarily preclude indemnification by the Corporation.
Section 10.04. The Corporation shall pay or reimburse expenses incurred by a director,
employee, or agent of the Corporation in connection with the person’s appearance as a witness
or other participation in a proceeding involving or affecting the Corporation when the person is
not a defendant or respondent in the proceeding.
Section 10.05. In addition to the situations otherwise describe in these Bylaws, the
Corporation may, but is not required to, indemnify a director, employee, or agent of the
Corporation to the extent permitted by law upon a determination to so pursuant to Section
10.08 hereinbelow. The Corporation will not, however, indemnify any person in any situation in
which indemnification is prohibited under Section 10.02.
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Section 10.06. The Corporation may advance expenses incurred or to be incurred in the
defense of a proceeding to a person who might eventually be entitled to indemnification, even
though there has been no final disposition of the proceeding. Advancement of expenses may
occur only when the procedural conditions set out in Section 10.08 hereinbelow, have been
satisfied. The Corporation will not, under any circumstances, advance expenses to a person
before final disposition of a proceeding if the person is named a defendant or respondent in a
proceeding brought by the Corporation, or if the person is alleged to have improperly received
personal benefit or committed other intentional or willful misconduct.
Section 10.07. The indemnity permitted under these Bylaws includes indemnity against
judgments, penalties, fines, settlements and reasonable expenses (including attorney’s fees)
actually incurred in connection with the proceeding. If the proceeding was brought by or on
behalf of the Corporation, the indemnification is limited to reasonable expenses actually
incurred by the person in connection with the proceeding.
Section 10.08. (a) Before the Corporation may pay any indemnification expenses, the
Corporation must specifically: (1) determine that the indemnification is permissible, (2)
authorize indemnification, and (3) determine that expenses to be reimbursed are reasonable,
except as provided in subparagraph 10.08(c) hereinbelow. The Corporation may make these
determinations and decisions, subject to the exceptions set out in subparagraph 10.08 (b)
hereinbelow, by any one of the following procedures:
(i) Majority vote of a quorum consisting of directors who, at the time of the vote,
are not named defendants or respondents in the proceeding.
(ii) If such quorum cannot be obtained, by a majority vote of a committee of the
Board of Directors, designated to act in the manner by a majority vote of all
directors, consisting solely of two or more directors who at the time of the vote
are not named defendants or respondents in the proceeding.
(iii) Determination by a special legal counsel selected by the Board of Directors by
the same vote as provided in subparagraphs 10.08 (a) (i) and (ii) above, or if such
quorum cannot be obtained or such committee cannot be established, by a
majority vote of all directors.
(b) Subject to subparagraph 10.08(a)(iii) above, to determine if indemnification is
permissible, the authorization to indemnify and determination as to the reasonableness of the
expenses shall be made as specified in subparagraphs 10.08(a)(i) and (ii) above, of if such
quorum or such committee cannot be established, by majority vote of all directors. Any
provisions in these Bylaws making indemnification mandatory constitutes sufficient
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authorization to indemnify, even though such provision may not have been adopted or
authorized as provided in Section 10.08(a) above.
(c) The Corporation will advance expenses before final disposition of a proceeding only
after it determines the facts then known do not preclude indemnification, such determination
to be made pursuant to the procedures set out in subparagraph 10.08(a) above.
ARTICLE XI – Notice
Section 11.01. Notice by Mail. Any notice to a director or officer required or permitted by
these Bylaws, the Article of Incorporation or by law, may be given be mail or electronic mail (e-
mail). If mailed, a notice is deemed delivered when deposited in the mail addressed to the
person at their address as it appears in the corporate records, with postage prepaid. A director
or officer may change his or her address in the corporate records by giving written notice of the
change to the Secretary of the Corporation.
ARTICLE XII – Amendment to Bylaws
Section 12.01. The Board of Directors shall have the power to alter, amend, or repeal
the Bylaws or adopt new Bylaws, but only after giving notice to the directors and officers of the
Corporation. The notice will state the date, time and place of the meeting and the proposed
amendments or modifications to the Bylaws no fewer than ten (10) and no more than thirty
(30) days prior to the meeting date. Action by the directors with respect to the Bylaws shall be
taken by an affirmative vote of two-thirds of all directors then in office.
ARTICLE XIII – Dissolution
Section 13.01. The dissolution of the Corporation shall be authorized at a meeting of the
Board of Directors upon the adoption of a resolution to dissolve by the vote of a majority of the
directors then in office.
Section 13.02. The Corporation shall strictly follow statutory requirements for
dissolution of the Corporation as provided in the NON-PROFIT CORPORATION ACT, Texas
Business Organizations Code.
ARTICLE XIV – Miscellaneous Provisions
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Section 14.01 Legal Authority. These Bylaws will be construed under the Texas law. All
references in these Bylaws to statutes, regulations, or other sources of legal authority will refer
to the authorities cited, or their successors, as they may be amended from time to time.
Section 14.02. Legal Construction. To the greatest extent possible, these Bylaws shall
be construed to conform to all legal requirements and all requirements for obtaining and
maintaining tax exemptions that may be available to non-profit Corporations. If any bylaw
provision is held invalid, illegal or unenforceable in any respect, the invalidity, illegality, or
unenforceability will not affect any other provision, and the Bylaws will be construed as if they
had not included the illegal, invalid, or unenforceable provision.
Section 14.03. Headings. The headings used in the Bylaws are for convenience and may not
be considered in construing the Bylaws.
Section 14.04. Power of Attorney. A person may execute any instrument related to the
Corporation by means of a power of attorney if an original executed copy of the power of
attorney is provided to the Secretary of the Corporation to be kept with the corporate records.
Section 14.05. Parties Bound. The Bylaws will bind and inure to the benefit of the
directors, officers, employees, and agents of the Corporation and their respective heirs,
executors, administrators, legal representatives, successors, and assigns except as the Bylaws
otherwise provide.
CERTIFICATION OF THE SECRETARY
I certify that I am the duly elected and acting Secretary of the Brazos Animal Shelter, Inc. and
that these Bylaws constitute the Corporation’s Bylaws. These Bylaws were duly amended at
a meeting of the Board of Directors held on _______ day of ________, 2009.
Signature
Secretary of the Corporation
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