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HomeMy WebLinkAbout08/27/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular 1101 Texas Ave, College Station, TX 77840 Phone: 888 475 4499 and Webinar ID: 990 7628 0717 Internet: https://zoom.us/j/99076280717 August 27, 2020 6:00 PM City Hall Council Chambers College Station, TX Page 1    1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request.     Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Regular Agenda shall register with the City Secretary prior to 3 p.m. on the day of the meeting.  Individuals must register to speak or provide written comments at  https://forms.cstx.gov/Forms/CSCouncil or provide a name and phone number by calling  979­764­3500. Upon being called to speak an individual must state their name and city of residence,  including the state of residence if the city is located out of state. Speakers are encouraged to identify  their College Station neighborhood or geographic location. Each speaker’s remarks are limited to  three (3) minutes. Any speaker addressing the Council through the use of a translator may speak for  six (6) minutes. At the (3) minute mark the City Secretary will announce that the speaker must  conclude their remarks.     2.Hear Visitors     During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational  concern shall be directed to the City Manager.     3.Consent Agenda     During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item. Presentation, discussion, and possible action on consent agenda items which consists of  ministerial or "housekeeping" items required by law. Items may be removed from the consent  agenda by majority vote of the Council.  3.1.Presentation, discussion, and possible action of minutes for: • August 13, 2020 Workshop Meeting • August 13, 2020 Regular Meeting     Sponsors:Tanya Smith  Attachments:1.WKSHP081320 DRAFT Minutes 2.RM081320 DRAFT Minutes Page 1 of 152  City Council Regular Page 2 August 27, 2020 3.2.Presentation, discussion, and possible action on approval of a contract in the amount of  $498,941 with Vaughn Construction for the installation of wrought iron fencing for Memorial  Cemetery of College Station.  Sponsors:Kelly Kelbly  Attachments:1.Memorial Cemetery Fencing ­ Vaughn JOC Proposal 7­8­20R1 3.3.Presentation, discussion, and possible action regarding an agreement with Vertical VAR, LLC  dba SPS VAR, LLC in an amount not to exceed $112,432.35 for utility billing system hardware.  Sponsors:Sindhu Menon  Attachments:1.20300481 Vertical Var, LLC dba SPS Var, LLC contract 0708 3.4.Presentation, discussion, and possible action on the annual blanket purchase agreement for  various EMS medical supply with Bound Tree Medical, LLC for an estimated annual  expenditure of $120,000.  Sponsors:Richard Mann    Attachments:1.18300515 ­ILA Signed 2.20300674 3.BuyBoard 610­20 4.Emergency Medical Services Agreement­Cedar Hill & Bound Tree 3.5.Presentation, discussion, and possible action regarding an Ordinance amending Chapter 38,  “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38­1014 “Traffic Schedule XIV, No  Parking Here to Corner and No Parking Any Time,” of the Code of Ordinances of the City of  College Station, Texas, by removing parking on the south side of Cottonwood Terrace Court  from around the cul­de­sac to Parmer Creek Court, the south side of Mamma Bear Drive  between Holleman Drive South and Towers Parkway, the west side of Papa Bear Drive  between Hayes Lane and Mamma Bear Drive, both sides of the Public Alley between the 1000  block of Toledo Bend Drive and the 1100 block of Toledo Bend Drive, both sides of the Public  Alley between the 1100 block of Amistad Loop and the 1100 block of Amistad Loop, and both  sides of the Public Alley between the 1000 block of Amistad Loop and the 1200 block of  Amistad Loop.  Sponsors:Jason Schubert  Attachments:1.Ordinance 2.Parking Removal Exhibits 3.6.Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year  2021 for items exempt from competitive bidding greater than $100,000.  Sponsors:Mary Ellen Leonard  Attachments:1.2021 Exemptions List Over $100K 3.7.Presentation, discussion, and possible action as it relates to the appointment of a new member  and the re­appointment of a current member, representing the City of College Station, to the  Aggieland Humane Society Board.   Sponsors:Billy Couch  Attachments:None Page 2 of 152  City Council Regular Page 3 August 27, 2020    4.Regular Agenda     During the Regular agenda an individual may address the City Council on any Regular Agenda item  including those items not posted for Public Hearing. For those items posted for a Public Hearing, if  the City Council needs additional information from the general public after the Public Hearing is  closed some limited comments may be allowed at the discretion of the Mayor.  4.1.Presentation, discussion, and  possible action on an ordinance adopting the City of College  Station 2020­2021 Budget; and presentation, discussion, and possible action ratifying the  property tax revenue increase reflected in the budget.  Sponsors:Mary Ellen Leonard  Attachments:1.Appendix A1 ­ Attachment ­ IT Purchase list 2.Appendix A1 ­ FY21 Budget Adoption Ordinance 4.2.Presentation, discussion, and possible action on approval of an ordinance adopting the City of  College Station 2020­2021 ad valorem tax rate of $0.534618 per $100 assessed valuation, the  debt service portion being $0.216443 per $100 assessed valuation and the operations and  maintenance portion being $0.318175 per $100 assessed valuation.  Sponsors:Mary Ellen Leonard  Attachments:1.Appendix A2 ­ FY21 Tax Rate Ordinance 4.3.Public Hearing, presentation, discussion, and possible action regarding an ordinance amending  Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official  Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the  zoning district boundary from T Townhouse to PDD Planned Development District on  approximately 4 acres located at 3914 Alamosa Street, generally located west of Harvey Road  and South of Summit Crossing Lane.   Sponsors:Jesse Dimeolo   Attachments:1.Ordinance 2.Background Information 3.Vicinity Map, Aerial and Small Area Map 4.Rezoning Exhibit 5.PDD Concept Plan 4.4.Presentation, discussion, and possible action regarding a resolution to support a bid for the  2022 Texas Recreation and Park Society Annual Institute and Expo.  Sponsors:Natalie Ruiz  Attachments:1.TRAPS Resolution 4.5.Presentation, discussion, and possible action regarding approval of a contract with JaCody  Construction, LP, in the amount of $1,934,233.26 for park improvements at Veterans Park &  Athletic Complex.  Sponsors:Kelly Kelbly  Attachments:1.20­050 Tabulation Page 3 of 152  City Council Regular Page 4 August 27, 2020 4.6.Presentation, discussion, and possible action regarding approval of Change Order No. 1 to  Contract No. 20300576 with JaCody Construction, LP. reducing the contract amount by  $271,352.51.      Sponsors:Kelly Kelbly  Attachments:1.Change Order #1 4.7.Presentation, discussion, and possible action regarding an ordinance consenting to and  extending the Mayor's renewal of a disaster declaration due to public health emergency.  Sponsors:Jeff Capps  Attachments:1.August 27 Ordinance Renewing Disaster Declaration    5.Presentation, discussion, and possible action on future agenda items and review of  standing list of Council generated agenda items:     A Council Member may inquire about a subject for which notice has not been given. A statement of  specific factual information or the recitation of existing policy may be given. Any deliberation shall be  limited to a proposal to place the subject on an agenda for a subsequent meeting.     6.Adjourn.     The City council may adjourn into Executive Session to consider any item listed on the agenda if a  matter is raised that is appropriate for Executive Session discussion.  I certify that the above Notice of Meeting was posted on the website of the City of College Station,  Texas, on August 21, 2020 at 5:00 p.m.      City Secretary   This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and   who   may   need   accommodations,   auxiliary   aids,   or   services   such   as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting  so  that  appropriate  arrangements  can  be  made.  If  the  City  does not  receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."  Codigo Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  Page 4 of 152  City Council Regular Page 5 August 27, 2020 411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 5 of 152 August 27, 2020 Item No. 3.1. Council Minutes Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action of minutes for: • August 13, 2020 Workshop Meeting • August 13, 2020 Regular Meeting Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.WKSHP081320 DRAFT Minutes 2.RM081320 DRAFT Minutes Page 6 of 152 WKSHP081320 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION AUGUST 13, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney via Teleconference at 4:04 p.m. on Thursday, August 13, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.074- Personnel, and §551.086-Competive Matter the College Station City Council convened into Executive Session at 4:04 p.m. on Thursday, August 13, 2020 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Page 7 of 152 WKSHP081320 Minutes Page 2 Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B.Consultation with attorney to receive legal advice; to wit: Legal advice concerning a proposal to EBCS addressing the liabilities and assets of the corporation. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager D. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit: Power Supply Executive Session recessed at 6:03 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Items (3.3), (3.4), and (3.15) were pulled from Consent for clarification. (3.3) & (3.4): Emily Fisher, Assistant Director of Public Works, explained that TXDOT will be installing raised medians along FM 2347 (George Bush Drive) from Rosemary Lane to Timber Street. The planter boxes will be installed within the medians along with landscaping improvements including trees, shrubs, turf plantings, irrigation systems, and other aesthetic elements. Mrs. Fisher, also stated that on Consent Item 3.4 is part of the FM 2818 widening project, TXDOT will be installing landscaping improvements from FM 60 to FM 2154. These improvements will include trees, shrubs, turf plantings, irrigation systems, and other aesthetic elements. (3.15): Troy Rother, Senior Engineer, explained that Buyers Barricades, Inc. is a BuyBoard contractor for the sale of various types of highway safety and traffic control products. BuyBoard is a purchasing cooperative for public agencies. All products and services available for purchase through BuyBoard contracts have been competitively bid and awarded and satisfy any State law requirements relating to competitive bids or proposals. 5. Workshop 5.1 Presentation, discussion, and possible action regarding an overview of the Rental Registration Program. Gustavo Roman, Director of Finance, presented an overview of the current Rental Registration ordinance and implemented program including the history of the ordinance and changes adopted Page 8 of 152 WKSHP081320 Minutes Page 3 since initial implementation. The purpose of the ordinance is to establish a registration requirement for owners of Rental Properties so that the City may expeditiously identify and contact the owner or owner’s local contact person to obtain tenant information in the event of an emergency or when a disproportionate number of city, state, or federal law violations have occurred on or in the property. Information Required: •The information required to register the Rental Property is as follows: •Address of the Rental Property •Owner and contact (email/phone) information for the owner •Type of rental property such as single-family, duplex, etc. •In the case of an absentee owner (out of town) •Local contact with contact information •The local contact cannot be someone who is on the lease •Local contact must reside within thirty (30) miles of College Station City Hall History: •Ordinance originally adopted in March of 2009 •Managed by Planning and Development Services •$15 registration fee with annual $15 renewal •Modified in June 2014 •Allowed for staff review of leases •Allowed for an administrative penalty for failure to comply with the ordinance •In 2015 program management transferred to Community Services •Approximately 5300 properties registered at that time •Completed an analysis of registered properties and several city-wide sweeps in an effort to identify non-complying rentals •Modified in September - 2017 •Remove Annual renewal fee •City staff/administratively labor and cost intensive •Contentious with rental property owners/managers •Expanded to include multi-family residential (3-6 units) to Rental Registration Program Council directed staff to being back a detail analysis on the fees of enforcement. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan- College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Page 9 of 152 WKSHP081320 Minutes Page 4 Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) No discussion at this time. 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 6:44 p.m. on Thursday, August 13, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 10 of 152 RM081320 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION AUGUST 13, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1.Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 6:52 p.m. on Thursday, August 13, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2.Hear Visitors Comments No comments at this time. 3.CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for: July 23, 2020 Workshop Meeting July 23, 2020 Regular Meeting July 27th, 28th and 29th, 2020 Special (Budget) Meetings 3.2. Presentation, discussion, and possible action on Ordinance No. 2020-4204 amending Ordinance No. 2200- 4199 adopted on or about July 23, 2020 authorizing a general and special runoff election to be held on November 3, 2020, for the purpose of electing Councilmembers, Page 11 of 152 RM081320 Minutes Page 2 Place 1, 3, and 5, and for the purpose of electing City Councilmember Place 4, amending the dates and times of early voting, and making provisions for conducting the election. (Presentación, discusión, y posible acción sobre una Ordenanza No. 2020-4204 enmendando Ordenanza No. 2200-4199 aprobada el o aproximadamente el 23 de julio de 2020, autorizando una elección de segunda vuelta general y especial que se celebrará el 3 de noviembre de 2020, con el fin de elegir a los miembros del Consejo, Lugar 1 , 3 y 5, y con el propósito de elegir al Miembro 4 del Concejo Municipal, enmendando las fechas y horas de la votación anticipada y tomar disposiciones para llevar a cabo la elección.) 3.3. Presentation, discussion, and possible action regarding a landscape maintenance agreement with the Texas Department of Transportation for the maintenance of landscape along FM 2347 (George Bush Drive). 3.4. Presentation, discussion, and possible action regarding a landscape maintenance agreement with the Texas Department of Transportation for the maintenance of landscape along FM 2818. 3.5. Presentation, discussion, and possible action on an interlocal agreement with College Station ISD for standby ambulance service. 3.6. Presentation, discussion, and possible action concerning award of Construction Contract with CF McDonald Electric, Inc. in the amount of $139,496 to install previously purchased VFD at Dowling Road Pump Station. 3.7. Presentation, discussion, and possible action regarding adoption of Resolution No. 08-13- 20-3.7 approving the 2020 - 2024 Consolidated Plan as proposed by Community Development. 3.8. Presentation, discussion, and possible action regarding adoption of Resolution No. 08-13- 20-3.8 approving the FY2021 (PY2020) Annual Action Plan and Community Development Budget. 3.9. Presentation, discussion, and possible action regarding Resolution No. 08-13-20-3.9 approving an advance funding agreement (AFA) in the amount of $34,727 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the FM 2154 and Holleman Drive Intersection Improvements project. 3.10. Presentation, discussion, and possible action regarding Resolution No. 08-13-20-3.10 approving an advance funding agreement (AFA) in the amount of $246,681 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for utility relocations for the FM 2154 and Holleman Drive Intersection Improvements project. 3.11. Presentation, discussion, and possible action regarding Resolution No. 08-13-20-3.11 approving an advance funding agreement (AFA) in the amount of $91,427 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the intersections of Texas Avenue at New Main (Walton Drive) and FM 60 (University Drive) at Nimitz Street. Page 12 of 152 RM081320 Minutes Page 3 3.12. Presentation, discussion, and possible action regarding the award of RFP 20-045, Overhead Electric Distribution Construction and Maintenance, to Southern Electric Corporation of Mississippi for a not to exceed amount of $750,000. 3.13. Presentation, discussion, and possible action regarding a professional services contract with Electrical Consultants, Inc. (ECI) for $600,000 for engineering services. 3.14. Presentation, discussion, and possible action regarding approval of an Interlocal Agreement between Brazos County, the City of Bryan, and the city of College Station for the 2020 Byrne Justice Assistance Grant (JAG) Program in which the City of College Station has been allocated $13,416.40 for the purpose of supporting law enforcement programs. 3.15. Presentation, discussion, and possible action regarding approving a contract with Buyers Barricades for 2020 TAMU Football Post Gameday Traffic Control in the amount of $104,965. 3.16. Presentation, discussion, and possible action regarding the award of a service contract between the City of College Station and Rios Tree Services, Inc., for an annual amount not to exceed $150,000 for tree trimming and removal services. 3.17. Presentation, discussion, and possible action on Resolution No. 08-13-20-3.17 of the City Council of the City of College Station, Texas, selecting a depository bank and authorizing the Mayor to enter into the contract on behalf of the City. 3.18. Presentation, discussion, and possible action on awarding an annual price agreement to Techline, Inc. for the purchase of Air Switches which will be maintained in electrical inventory and expended as needed. The total recommended award is for an amount not to exceed $189,000. 3.19. Presentation, discussion, and possible action on the first amendment to an agreement with Invoke, LLC for additional implementation services for Microsoft solutions not to exceed $99,982. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 4.REGULAR AGENDA 4.1. Public Hearing, presentation, discussion, and possible action on the City of College Station FY2020-2021 Proposed Budget. Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are proposed at $65,880,235 and the Capital portion is proposed at $46,741,652 for a total proposed budget of $312,621,887. The FY21 Budget, FY21 Tax Rate and FY21 Fee Ordinance is scheduled to be adopted in Council Chambers on Thursday, August 27th. At approximately 6:58 p.m., Mayor Mooney opened the Public Hearing. Page 13 of 152 RM081320 Minutes Page 4 There being no comments, the Public Hearing was closed at 6:58 p.m. 4.2. Presentation, discussion, and possible action on the FY 2020-2021 ad valorem tax rate; and if necessary calling a public hearing on a proposed ad valorem tax rate for FY 2020-2021. Mary Ellen Leonard, Director of Finance, presented the FY 2020-2021 ad valorem tax rate. The proposed tax rate of 53.4618 cents per $100 assessed valuation, the same as the current tax rate. If the governing body considers a proposed tax rate above the no-new-revenue rate but below the voter- approval rate, the City will have to publish a notice of Public Hearing on Tax Increase and hold a public hearing. The public hearing on the tax rate can be held on the same date as the tax rate adoption. Staff proposed rate of 53.4618 per $100 of assessed valuation, a public hearing on the tax rate is not required. If Council chooses to propose any rate up to the voter-approval rate, a public hearing on the tax rate would be needed and the remainder of the budget calendar would be adjusted to accommodate. Property Tax Assumptions 1.76% overall increase in taxable value over last year o Existing value increase is 0.18% o New Value increase 1.58% $282 million still under review $156 million in new taxable value Mayor Mooney announced that the vote on the adoption of the ad valorem tax rate will occur on Thursday, August 27, 2020 at 6:00 PM in City Hall Council Chambers and the public may join via Zoom. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, directing staff to proceed with a tax rate of 53.4618 cents per $100 assessed valuation, the same as the current tax rate. The motion carried unanimously. 4.3. Presentation, discussion, and possible action on a Construction contract with CB&I Storage Tank Solutions in the amount of $6,613,685 for the construction of a three (3) million gallon elevated storage tank with two (2) pressure reducing valves. Emily Fisher, Assistant Director of Public Works, stated that this contract includes the construction of a 3 million gallon elevated storage tank and two pressure reducing valves (PRV), as identified on the Water Master Plan. The tank will be constructed just south of the Baylor Scott and White Hospital, near the intersection of Midtown Drive (formerly Lakeway Drive) and the north bound State Highway 6 frontage road. One PRV will be constructed inside the tank, and the other will be constructed near the intersection of Emerald Parkway and the north bound State Highway 6 frontage road. The construction of the tank and the PRVs will create a second pressure plane within the water distribution system to help regulate the pressure east of State Highway 6. Mrs. Fisher explained that the Budget in the amount of $8,756,000 is included for this project in the Water Capital Improvement Projects Fund. A total of $1,005,056 has been committed or spent to date, leaving a balance of $7,750,944 for this contract and future expenses. Page 14 of 152 RM081320 Minutes Page 5 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve a Construction contract with CB&I Storage Tank Solutions in the amount of $6,613,685 for the construction of a three (3) million gallon elevated storage tank with two (2) pressure reducing valves. The motion carried unanimously. 4.4. Presentation, discussion, and possible action regarding approval for an A/E contract with construction phase services for the William D Fitch Rehab Phases 1 & 2 Projects with Kimley- Horn and Associates, Inc. in the amount of $812,100 and Resolution No. 08-13-20-4.4 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Emily Fisher, Assistant Director of Public Works, stated that Phase 1 of the William D. Fitch Rehab calls for the rehabilitation of William D. Fitch Pkwy between State Highway 30 and Tonkaway Lake Road. Phase 2 of the project calls for rehabilitation of William D. Fitch Pkwy between Tonkaway Lake Road and Rock Prairie Road. These sections of William D. Fitch Pkwy were constructed by Brazos County but due to increased heavy loads and truck traffic to the Twin Oaks Landfill, the roadway has begun to fail in several locations. Mrs. Fisher stated that a combined budget in the amount of $1,124,000 is currently appropriated in the Streets Capital Improvement Project Fund. A combined total of $3,222 has been expended or committed to date, leaving a balance of $1,120,778 for this contract and future expenses. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to approve an A/E contract with construction phase services for the William D Fitch Rehab Phases 1 & 2 Projects with Kimley-Horn and Associates, Inc. in the amount of $812,100 and Resolution No. 08-13-20-4.4 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. The motion carried unanimously. 5.Presentation, discussion, and possible action on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. No future item at this time. 6.Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 7:26 p.m. on Thursday, August 13, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 15 of 152 August 27, 2020 Item No. 3.2. Construction Contract #20300640 Memorial Cemetery of College Station Sponsor:Kelly Kelbly Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on approval of a contract in the amount of $498,941 with Vaughn Construction for the installation of wrought iron fencing for Memorial Cemetery of College Station. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval and award of the construction contract with Vaughn Construction for fence installation at Memorial Cemetery of College Station in the amount of $498,941 and fifty (50) construction days. Summary: This project will see the continuation of wrought iron fencing along the north, east, and western property lines of Memorial Cemetery. A total of 3,750 linear feet of eight feet tall by ten feet wide panels will be installed. In addition to the fence, Vaughn Construction will be responsible for clearing the fence line of all brush and obstructions, constructing temp fencing where neighboring livestock is located, and area restoration once construction is complete. Budget & Financial Summary: Vaughn Construction, a Buy Board vendor, was asked to submit a proposal for the clearing and installation of wrought iron fencing at Memorial Cemetery. Buy Board vendors have been competitively procured; therefore, members are compliant with Texas local and state procurement requirements. Funds for this project were budgeted through the Memorial Cemetery Funds. Memorial Cemetery funds can only be spent in this cemetery. Reviewed & Approved by Legal: No Attachments: 1.Memorial Cemetery Fencing - Vaughn JOC Proposal 7-8-20R1 Page 16 of 152 COCS PROJECT #: ITEM AMOUNT 1 479,751$ 2 -$ 3 19,190$ 4 -$ 5 -$ 6 -$ 498,941$ By Construction Manager: Printed Name: JOB ORDER CONTRACT RFP / PRICING PROPOSAL APPROVAL FORM JOC PROPOSAL NUMBER:2826-02 City Of College Station - Parks & Recreation Department Change Proposal NUMBER:NA DATE:7/8/2020 Builder's Risk - Not Included PROJECT:Aggie Field of Honor & College Station Memorial Cemetery - Fencing CONRACTOR: Vaughn Construction Job Order Contracting No. R160405 DESCRIPTION OF JOB 3,750lf of new of 6’x8’ Classic 4 rail ECHELON II by Ameristar w 3"x11’ posts 6”OC Decorative Fence. 10’w fence line clearing and grubbing up to 12” diameter trees, temp fence during new fence install for neighboring property livestock, hyrdo mulch landscape touch ups PRICING QUALIFICATIONS: Excludes Concrete Mow Strip, Hydroexcavation exploratory services, Gates or Adornments Excludes Overtime/Premium Hours. We will coordinate to accomodate the existing Facilities work schedule as needed for services. Excludes Design, Building Code, Life Safety Code and/or other Regulatory Services. Excludes Testing, Working near and/or removal of Hazardous Materials. Excludes utility consumption costs. Excludes participation in ROCIP and/or OCIP program. PROPOSAL SUMMARY DESCRIPTION Memorial Cemetery Fence Cody Waller Proposed Contract Time/ Change (Days) Bond TOTAL PROPOSAL AMOUNT 50 Working Days Page 17 of 152 Memorial Cemetery Fence 3800 Raymond Stotzer PkwyCollege Station TXData Release : Year 2020 Quarter 1Unit Cost Estimate Quantity LineNumber Description Unit Material Labor Equipment Total Ext. Mat. Ext. Labor Ext. Equip. Ext. Total Labor Type Data Release Notes6 015433102700 Rent vibrators concrete electric 60 cycle 2 HP, Incl. Hourly Oper. Cost. Week -$ -$ 240.54$ 240.54$ -$ -$ 1,443.24$ 1,443.24$ RR Year 2020 Quarter 1 3 ea. at 2 wks per5 015433200100Rent excavator diesel hydraulic crawler mounted 1/2 CY capacity, Incl. Hourly Oper. Cost.Week -$ -$ 2,290.01$ 2,290.01$ -$ -$ 11,450.05$ 11,450.05$ RR Year 2020 Quarter 1Loading demolished fencing and brush into dumpster/truck for haul-off5 015433200345 Rent excavator attachment, grapples, Incl. Hourly Oper. Cost. Week -$ -$ 801.62$ 801.62$ -$ -$ 4,008.10$ 4,008.10$ RR Year 2020 Quarter 14 015433200550 Rent brush chipper diesel engine 12" cutter head 130 HP, Incl. Hourly Oper. Cost. Week -$ -$ 1,989.66$ 1,989.66$ -$ -$ 7,958.64$ 7,958.64$ RR Year 2020 Quarter 112 015433204890 Rent loader, skid steer, wheeled, 1 CY 78 HP, diesel, Incl. Hourly Oper. Cost. Week -$ -$ 2,026.43$ 2,026.43$ -$ -$ 24,317.16$ 24,317.16$ RR Year 2020 Quarter 14 015433204892 Rent skid steer attachment, auger, Incl. Hourly Oper. Cost. Week -$ -$ 469.14$ 469.14$ -$ -$ 1,876.56$ 1,876.56$ RR Year 2020 Quarter 14 015433204896 Rent skid steer attachment, grapple, Incl. Hourly Oper. Cost. Week -$ -$ 297.90$ 297.90$ -$ -$ 1,191.60$ 1,191.60$ RR Year 2020 Quarter 14 015433204898 Rent skid steer attachment, tree spade, Incl. Hourly Oper. Cost. Week -$ -$ 338.27$ 338.27$ -$ -$ 1,353.08$ 1,353.08$ RR Year 2020 Quarter 14 015433205250 Rent truck, dump, 2-axle, 12 ton, 8 C.Y. payload, 220 H.P., Incl. Hourly Oper. Cost. Week -$ -$ 2,168.01$ 2,168.01$ -$ -$ 8,672.04$ 8,672.04$ RR Year 2020 Quarter 1Haul off of existing fencing6 015433400196 Rent air compressor, portable, 6.5 cfm gasoline, Incl. Hourly Oper. Cost. Week -$ -$ 196.08$ 196.08$ -$ -$ 1,176.48$ 1,176.48$ RR Year 2020 Quarter 1 Bolt up fencing6 015433401580 Rent air tool, impact wrench up to 3/4" bolt, Incl. Hourly Oper. Cost. Week -$ -$ 167.78$ 167.78$ -$ -$ 1,006.68$ 1,006.68$ RR Year 2020 Quarter 1 Bolt up fencing6 015433402200 Rent electric generator gas engine 5 kW, Incl. Hourly Oper. Cost. Week -$ -$ 406.04$ 406.04$ -$ -$ 2,436.24$ 2,436.24$ RR Year 2020 Quarter 16 015433403300 Rent extension ladder 16'-36'long, Incl. Hourly Oper. Cost. Week -$ -$ 133.83$ 133.83$ -$ -$ 802.98$ 802.98$ RR Year 2020 Quarter 1 To reach bolts at top rail8 015433405800 Rent chain saw gas engine 18" long, Incl. Hourly Oper. Cost. Week -$ -$ 263.27$ 263.27$ -$ -$ 2,106.16$ 2,106.16$ RR Year 2020 Quarter 1 2 ea. at 4 wks per24 015433406410 Rent toilet portable chemical, Incl. Hourly Oper. Cost. Week -$ -$ 75.30$ 75.30$ -$ -$ 1,807.20$ 1,807.20$ RR Year 2020 Quarter 1 2 ea. at 12 wks per12 015433407200 Rent truck pickup 3/4 ton 4 wheel drive, Incl. Hourly Oper. Cost. Week -$ -$ 890.50$ 890.50$ -$ -$ 10,686.00$ 10,686.00$ RR Year 2020 Quarter 11 015433502200Highway equip rental; hydromulcher, diesel, 3000 gal, for truck mounting, Incl. Hourly Oper. Cost.Week -$ -$ 1,395.24$ 1,395.24$ -$ -$ 1,395.24$ 1,395.24$ RR Year 2020 Quarter 11351 015626500100 Temporary fencing, chain link, 6' high, 11 gaL.F. 4.98$ 1.55$ -$ 6.53$ 6,727.98$ 2,094.05$ -$ 8,822.03$ RR Year 2020 Quarter 110 015813500020 Project signs, sign, high intensity reflectorized, buy, excl. posts Ea. 27.14$ -$ -$ 27.14$ 271.40$ -$ -$ 271.40$ RR Year 2020 Quarter 11026 016619100050Material handling, distances greater than 200', per C.Y. of material per additional 200', distances greater than 200', per CY of material per each addl 200' C.Y. -$ 1.55$ -$ 1.55$ -$ 1,590.30$ -$ 1,590.30$ RR Year 2020 Quarter 13750 022113130900 Boundary & survey markers, property lines, perimeter, wooded land L.F. 0.10$ 1.40$ 0.04$ 1.54$ 375.00$ 5,250.00$ 150.00$ 5,775.00$ RR Year 2020 Quarter 1Remarking after demo activities 1351 024113601650 Fencing demolition, remove barbed wire, 5 strands L.F. -$ 2.28$ -$ 2.28$ -$ 3,080.28$ -$ 3,080.28$ RR Year 2020 Quarter 12400 024113601700 Fencing demolition, remove chain link posts & fabric, 8' to 10' high L.F. -$ 2.34$ 0.49$ 2.83$ -$ 5,616.00$ 1,176.00$ 6,792.00$ RR Year 2020 Quarter 1300 024113621000 Selective demolition, chain link fences & gates, fence, posts, steel in concrete Ea. -$ 12.96$ 2.70$ 15.66$ -$ 3,888.00$ 810.00$ 4,698.00$ RR Year 2020 Quarter 1Page 18 of 152 7 024113980300Selective demolition, sod, edging, planters & tree guying, remove sod, 1" deep, 3 M.S.F. or greater, sloped groundM.S.F. -$ 140.01$ 14.99$ 155.00$ -$ 980.07$ 104.93$ 1,085.00$ RR Year 2020 Quarter 112 024119190920Selective demolition, rubbish handling, dumpster, alternate pricing method, haul, average for all sizes, includes one dump per week, cost to be added to demolition costEa. 235.00$ -$ -$ 235.00$ 2,820.00$ -$ -$ 2,820.00$ RR Year 2020 Quarter 150 030505100050Selective concrete demolition, reinforcing less than 1% of cross-sectional area, break up into small pieces, excludes shoring, bracing, saw or torch cutting, loading, hauling, dumpingC.Y. -$ 45.16$ 15.09$ 60.25$ -$ 2,258.00$ 754.50$ 3,012.50$ RR Year 2020 Quarter 1Removal of concrete at existing chain-link fence posts360 033113250340Concrete, hand mix, for small quantities or remote areas, 4000 psi, using wheelbarrow, includes bagged pre-mixed dry ingredients (80-Lb bag = 0.6 C.F.) and water, excludes, forms, reinforcing, placing & finishing C.F. 8.57$ 4.83$ -$ 13.40$ 3,085.20$ 1,738.80$ -$ 4,824.00$ RR Year 2020 Quarter 12 311110100200 Clearing & grubbing, medium trees, to 12" diameter, cut and chip Acre -$ 2,908.95$ 2,380.55$ 5,289.50$ -$ 5,817.90$ 4,761.10$ 10,579.00$ RR Year 2020 Quarter 115 311313202050Selective clearing and grubbing, 1-1/2 C.Y. excavator, 8" to 12" diameter, stump removal on site by hydraulic excavatorEa. -$ 35.48$ 56.22$ 91.70$ -$ 532.20$ 843.30$ 1,375.50$ RR Year 2020 Quarter 120 311313203050Selective clearing and grubbing, up to 6" diameter, remove selective trees, on site using chain saws and chipper, excludes stumpsEa. -$ 113.52$ 92.69$ 206.21$ -$ 2,270.40$ 1,853.80$ 4,124.20$ RR Year 2020 Quarter 11 312213200150 Rough grading sites, 5,100-8,000 S.F., skid steer & labor Ea. -$ 1,679.15$ 180.31$ 1,859.46$ -$ 1,679.15$ 180.31$ 1,859.46$ RR Year 2020 Quarter 13750 323119105600Decorative metal fences and gates, tubular picket, steel, 6' sections, 2" posts, 6' high, includes excavationL.F. 49.93$ 5.06$ 1.27$ 56.26$ 187,237.50$ 18,975.00$ 4,762.50$ 210,975.00$ RR Year 2020 Quarter 1Decorative aluminum fencing panels to be 6'x8' with 3" posts Total22,173.93$ 200,517.08$ 55,770.15$ 99,083.89$ 355,371.12$ 35% OH&P (1.35% Coefficient)124,379.89$ Bond 19,190.04$ Project Total 498,941$ Clarifications Exclusions:Holiday WorkSales TaxAfter Hours, Nights and Weekends Concrete Mow StripUnderground Utility Hydro Exploration Gates or AdornmentsTree Protection Erosion Control, SWPPPInclusions:Demolition of existing chainlink and barb wire fence Brush removal to accommodate fence installation, not to exceed 10 ft. in widthRemoval of all interfering trees with a diameter of less than 12"Layout based on benchmarks/control lines set by othersDumpster/Haul-Off6'x8' Tall Classic 4 Rail ESCHELON II by Ameristar with 3"x11' Tall posts at 6' O.C.Qualifications:Water Availible On-SiteVehicle Access To All Locations Where Fencing is ReplacedProposal Based on Payment of Half of Fencing Material Cost at Time of OrderPage 19 of 152 August 27, 2020 Item No. 3.3. Utility Billing System Hardware Replacement Sponsor:Sindhu Menon, Director of Information Technologies Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an agreement with Vertical VAR, LLC dba SPS VAR, LLC in an amount not to exceed $112,432.35 for utility billing system hardware. Relationship to Strategic Goals: 1. Core Services and Infrastructure Recommendation(s): Staff recommends approval. Summary: The current Utility Billing System hardware is out of date and becomes unresponsive more frequently causing disruption to UB operations. Therefore, it needs to be replaced and upgraded to the current version. The vendor identified for this project is SPS VAR (Vertical VAR). Funding has been acquired through the IT Revolver fund. From the one-time costs of $112,432.35, $60,069.92 covers the hardware, $26,844.00 covers software, $2,000 covers hardware installation at IT Department, $2,000 covers hardware installation at City Hall, $13,500.00 covers remote setup and migration, and $8,018.43 covers the 3-year Hardware Warranty & Software Maintenance. Budget & Financial Summary: Budget in the amount of $115,000 is included in the General Government Capital Improvement Projects Fund. No funds have been expended or committed to date, leaving a balance of $115,000 for this contract and future project expenses. Reviewed & Approved by Legal: No Attachments: 1.20300481 Vertical Var, LLC dba SPS Var, LLC contract 0708 Page 20 of 152 CONTRACT & AGREEMENT ROUTING FORM CONTRACT#: _______ PROJECT#: _________ BID/RFP/RFQ#: _______ Project Name / Contract Description: _____________________________________________________ ____________________________________________________________ Name of Contractor: ____________________________________________________________ CONTRACT TOTAL VALUE: $ _________________ Grant Funded Yes No If yes, what is the grant number: Debarment Check Yes No N/A Davis Bacon Wages Used Yes No N/A Section 3 Plan Incl. Yes No N/A Buy America Required Yes No N/A Transparency Report Yes No N/A NEW CONTRACT RENEWAL # _____ CHANGE ORDER # _____ OTHER ______________ BUDGETARY AND FINANCIAL INFORMATION (Include number of bids solicited, number of bids received, funding source, budget vs. actual cost, summary tabulation) ___________________________________________________________________________________________ ___________________________________________________________________________________________ (If required)* CRC Approval Date*: __________ Council Approval Date*: ____________ Agenda Item No*: ______ --Section to be completed by Risk, Purchasing or City Secretary’s Office Only— Insurance Certificates: ______ Performance Bond: ________ Payment Bond: ________ Info Tech: _______ SIGNATURES RECOMMENDING APPROVAL __________________________________________ _________________________________ DEPARTMENT DIRECTOR/ADMINISTERING CONTRACT DATE __________________________________________ _________________________________ LEGAL DEPARTMENT DATE __________________________________________ _________________________________ ASST CITY MGR – CFO DATE APPROVED & EXECUTED __________________________________________ _________________________________ CITY MANAGER DATE __________________________________________ _________________________________ MAYOR (if applicable) DATE __________________________________________ _________________________________ CITY SECRETARY (if applicable) DATE Page 21 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 1 TECHNOLOGY SERVICES CONTRACT This Contract is by and between the City of College Station, a Texas Municipal Home- , a ___________________ Consultant Consultant agrees to perform and the City agrees to pay for the work described herein. ARTICLE I SCOPE OF SERVICE 1.01 This Contract is for (the rk to be provided to the City by Consultant for the Project are set forth in to this Contract and are incorporated as though fully set forth herein by reference . Consultant agrees to perform or cause the performance of all the work described in 1.02 Consultant agrees to perform the work described in hereto and the City agrees to pay Consultant a fee based on the rates set forth in to this Contract for the Work performed by Consultant. The invoices shall be submitted to the City following the 15th day and the last day of each month. The payment terms are net payable within thirty (30) calendar days of ermination of this Contract, payments under this paragraph shall cease, provided, however, that Consultant shall be entitled to payments for work performed in accordance with this Contract before the date of termination and for which Consultant has not yet been paid. ARTICLE II PAYMENT 2.01 The total amount of payment, including reimbursements, by the City to Consultant for all Work to be performed under this Contract may not, under any circumstances, exceed ________________________________________________________ and ____/100 Dollars ($__________________). ARTICLE III CHANGE ORDERS 3.01 The City may from time to time request changes in the scope and focus of the Work to be conducted by Consultant pursuant to this Contract, provided, however, that any such change that in the opinion of Consultant from the scope of the work set out herein and would entail an increase in cost or expense to the City shall be mutually agreed upon in advance in writing by Consultant Manager. (a) When the original Contract amount plus all change orders is $100,000 or less, the City Manager or his designee may approve the written change order provided the change order does not increase the total amount set forth in the Contract to more Vertical VAR, LLC dba SPS VAR, LLC Georgia POWER9 and associated IBM Hardware/ Software, Installation/ Warranty One Hundred Twelve Thousand, Four Hundred Thirty-Two 35 112,432.35 C#20300481 Vertical Var dba SPS Var, LLC 2Page 22 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 2 than $100,000. For such contracts, when a change order results in a total contract amount that exceeds $100,000, the City Council of the City must approve such change order prior to commencement of the services or work; and (b) When the original contract amount plus all change orders is greater than $100,000, the City Manager or his designee may approve the written change order provided the change order does not exceed $50,000, and provided the sum of all change orders does not exceed 25% of the original contract amount. For such contracts, when a change order exceeds $50,000 or when the sum of all change orders exceeds 25% of the original contract amount, the City Council of the City must approve such change order prior to commencement of the services or work. Thereafter, any additional change orders exceeding $50,000 or any additional change orders totaling 25 percent following such council approval, must be approved by City Council; and (c) Any request by the Consultant for an increase in the Scope of Work and an increase in the amount listed in paragraph two of this Contract shall be made and approved by the City prior to the Consultant providing such work or the right to payment for such additional work shall be waived. If there is a dispute between the Consultant and the City respecting any service provided or to be provided hereunder by the Consultant, including a dispute as to whether such Work is additional to the Scope of Work included in this Contract, the Consultant agrees to continue providing on a timely basis all work to be provided by the Consultant hereunder, including any Work as to which there is a dispute. ARTICLE IV TIME OF PERFORMANCE 4.01 Except as provided in Article XI hereinbelow, the Consultant shall complete all of the work described in by the dates set forth below: ____________________________________________________________________. - OR- 4.01 Except as provided in Article XI hereinbelow, the term of this Contract shall be for one (1) year from the effective date of this Contract. Thereafter, upon the mutual consent of both parties, including budget approval by the City, this Contract may be renewed on an annual basis, under the same terms and conditions, for up to two (2) additional years (three (3) years total). If, for any reason, funds are not appropriated to continue the contract, the contract shall become null and void and shall terminate. 4.02 Time is of the essence of this Contract. The Consultant shall be prepared to provide the Work in the most expedient and efficient manner possible in order to complete the work by the times specified. May 31, 2021 or 180 days from Execution of Contract, which ever comes later C#20300481 Vertical Var dba SPS Var, LLC 3Page 23 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 3 4.03 Consultant promises to work closely with the City Manager or his designee (the "Project Manager") or other appropriate City officials. Consultant agrees to perform any and all Project- related tasks reasonably required of it by the City in order to fulfill the purposes of the Work to be performed. The Work of Consultant under this Contract may be authorized by the Project Manager in various phases as set forth in ARTICLE V INDEPENDENT CONTRACTOR AND NONSOLICITATION 5.01 Independent Contractor. In all activities or work performed hereunder, the Consultant is an independent contractor and not an agent or employee of the City. The Consultant, as an independent contractor, shall be responsible for the final product contemplated under this Contract. Except for materials furnished by the City, the Consultant shall supply all materials, equipment and labor required for the execution of the Work on the Project. The Consultant shall have ultimate control over the execution of the Work under this Contract. The Consultant shall have the sole obligation to employ, direct, control, supervise, manage, discharge, and compensate all of its employees and subcontractors, and the City shall have no control of or supervision over the employees of the Consultant or any of the Consultant's subcontractors except to the limited extent provided for in this Contract. Consultant shall be liable for any misrepresentations. Any negotiations by the Consultant the Scope of Work contained herein and approved by the City. 5.02 Nonsolicitation. Consultant recognizes and understands that it will be interacting with City employees when performing Work under this Contract, and that it may cause irreparable harm to the City should one or more City employees perform work for Consultant either directly or indirectly. Because of this, Consultant agrees that it shall not directly or indirectly, personally or through others, solicit or encourage, or attempt to solicit or encour or on behalf of any other person or entity for hire or use the work of any employee or other requirement for a minimum of one year following termination of this Contract. This provision shall survive termination of this Contract. ARTICLE VI AUTHORIZATION 6.01 The City shall direct Consultant to commence Work on the Project by sending Consultant a "letter of authorization" to begin Work on the Project. 6.02 Upon receipt of the letter of authorization to begin Work on the implementation of the Project, Consultant shall meet with the City for the purpose of determining the nature of the Project, including but not limited to the following: management staff; documenting study assumptions, methodologies and expectations; devising the criteria to be met for both interim goals and final completion of the Work. C#20300481 Vertical Var dba SPS Var, LLC 4Page 24 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 4 6.03 Consultant shall consult with the City and may, in some limited circumstances, act as the this Contract, Consultant shall be an independent consultant at all times and is not to be considered either an agent or an employee of the City. ARTICLE VII WARRANTY 7.01 As an experienced and qualified professional, Consultant warrants that the Work provided by Consultant reflects high professional and industry standards, procedures, and performances. Consultant warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, the fitness and operation of its recommendations, and the performance of other work under this Contract, pursuant to a high standard of performance in the field in which Consultant works. Consultant warrants that it will exercise diligence and due care and perform in a good and workmanlike manner all of the work pursuant to this Contract. Approval or acceptance by the City of any of Consultant under this Contract shall not constitute, or be deemed, a release of the responsibility and liability of Consultant, its employees, agents, or associates for the exercise of skill and diligence necessary to fulfill Consultant acceptance be deemed to be the assumption of responsibility by the City for any defect or error in Work products prepared by Consultant, its employees, associates, agents, or subconsultants. 7.02 Consultant shall keep the City informed of the progress of the Work and shall guard against any defects or deficiencies in its work. 7.03 Consultant shall be responsible for using due diligence to correct errors, deficiencies or unacceptable Work. Consultant shall, at no cost to the City, remedy any errors, deficiencies or any Work possible, but no longer than fifteen (15) calendar days after receiving notice of said errors, deficiencies or unacceptable Work. 7.04 Consultant the City. Upon completion or termination of this Contract, Consultant shall promptly deliver to the City all records, notes, data, memorandum, models, and equipment of any nature that are within Consultant roperty or relate to the City or its business. ARTICLE VIII INDEMNIFICATION AND RELEASE 8.01 Indemnity. The Consultant agrees to indemnify, defend, and hold harmless the City, its officers, employees, volunteers and agents (separately and collectively referred to in this action, suits, judgments, settlements made by Indemnitee, and liability of every kind, including all expenses of litigation, court costs, attorney's fees, and other reasonable costs for damage to or loss of use of any property, for injuries to, or sickness or death of any person, C#20300481 Vertical Var dba SPS Var, LLC 5Page 25 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 5 including but not limited to Consultant, any of its subconsultants of any tier, or of any employee or invitee of Consultant or of any such subconsultants, that is caused by, arises out of, related to, or in connection with, the negligence of and/or negligent performance of this Contract by Consultant or by any such subconsultants of any tier, under this Contract. There shall be no additional indemnification other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. 8.02 It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligation under Paragraph 8.01, such legal limitations are made a part of the indemnification obligation and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligation shall continue in full force and effect. 8.03 Release. The Consultant releases, relinquishes, and discharges the City, its officers, agents, volunteers and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to, sickness or death of the Consultant or its employees and any loss of or damage to any property of the Consultant or its employees that is caused by or alleged to be caused by, arises out of, or is in connection with the Consultant's work to be performed hereunder. Both the City and the Consultant expressly intend that this release shall apply regardless of whether said claims, demands, and causes of action are covered, in whole or in part, by insurance and in the event of injury, sickness, death, loss, or damage suffered by the Consultant or its employees, but not otherwise, this release shall apply regardless of whether such loss, damage, injury, or death was caused in whole or in part by the City, any other party released hereunder, the Consultant, or any third party. There shall be no additional release or hold harmless provision other than as set forth in this section. All other provisions regarding the same subject matter shall be declared void and of no effect. ARTICLE IX INSURANCE 9.01 General. The Consultant shall procure and maintain at its sole cost and expense for the duration of this Contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, volunteers, employees or subconsultants. The policies, limits and endorsements required are as set forth below: 9.02 Types. During the term of this Contract Consultant minimum requirements of this section. (a) Commercial General Liability. (b) Business Automobile Liability. (c) Workers' Compensation . C#20300481 Vertical Var dba SPS Var, LLC 6Page 26 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 6 (d) Professional Liability. (e) Cyber Liability. 9.03 Certificates of Insurance. For each of these policies, the policy shall be endorsed to show the Consultant employees and volunteers. Any insurance or self-insurance carried or obtained by the City, its officials, agents, employees or volunteers, shall be considered in excess of the Consultant insurance and shall not contribute to it. No term or provision of the indemnification provided by the Consultant to the City pursuant to this Contract shall be construed or interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of Insurance and Contract, on the most current State of Texas Department of Insurance-approved forms, attached hereto as Exhibit C, and approved by the City before work commences. 9.04 Additional Insurance. The Consultant shall include all subconsultants as Additional Insureds under its policies, or shall furnish separate certificates and endorsements for each subconsultant. Coverages for subconsultants shall be subject to all requirements stated herein. 9.05 General Requirements Applicable to All Policies. The following General requirements applicable to all policies shall apply: (a) Only licensed insurance carriers authorized to do business in the State of Texas shall be accepted. (b) Deductibles shall be listed on the certificate of insurance and are acceptable only (c) not accepted, except for Professional Liability insurance. (d) Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits of liability except after thirty (30) calendar days written notice has been given to the City of College Station. (e) The Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent. Each certificate shall contain the following provisions and warranties: i. The licensed insurance company is authorized to do business in the State of Texas ii. The insurance policy is underwritten on forms provided by the Texas State Board of Insurance or ISO iii. All endorsements and coverages are included according to the requirements of this Contract iv. The form of notice of cancellation, termination, or change in coverage provisions is specified in this attachment C#20300481 Vertical Var dba SPS Var, LLC 7Page 27 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 7 (f) The City of College Station, its officials, agents, employees, and volunteers are to be named as Additional Insureds on the Commercial General Liability and Business Automobile Liability Policies. The coverages shall contain no special limitations on the scope of protection afforded the City, its officials, agents, employees, and volunteers. 9.06 Commercial General Liability requirements. The following Commercial General Liability requirements shall apply: (a) the current A. M. Best Key Rating Guide. (b) Minimum limits of liability of $1,000,000 per occurrence per project with a $2,000,000 annual aggregate limit. (c) Coverage shall be at least as broad as Insurance Service's Office (ISO) Number CG 00 01. (d) No coverage shall be excluded from the standard policy without notification of individual exclusions being attached for review and acceptance. (e) The coverage shall not exclude: premises/operations; independent contracts; products/completed operations; contractual liability (insuring the indemnity provided herein); and Host Liquor Liability. (f) The City shall be named as Additional Insured and policies endorsed to waive rights of subrogation and to be primary and non-contributory with regard to any self- insurance or insurance policy held by the City. 9.07 Business Automobile Liability requirements. The following Business Automobile Liability requirements shall apply: (a) the current A.M. Best Key Rating Guide. (b) Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and property damage. (c) The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability section in Item 2 of the declarations page. (d) The coverage shall include owned, leased or rented autos, non-owned autos, any autos and hired autos. 9.08 Insurance requirements. The Workers Compensation insurance shall include the following terms: (a) (b) shall be included in this policy. C#20300481 Vertical Var dba SPS Var, LLC 8Page 28 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 8 (c) must contain the following: All States except those listed in Item 3A and the States of NV, ND, OH, WA, WV, and WY. 9.09 Professional Liability requirements. The following Professional Liability requirements shall apply: (a) the current A. M. Best Key Rating Guide. (b) Minimum limits of liability of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum deductible of $100,000 unless otherwise agreed in writing by both parties. Financial statements shall be furnished to the City upon request. (c) Consultant must continuously maintain professional liability insurance with prior acts coverage for a minimum of two years after completion of the Project or termination of this Contract, as may be amended, whichever occurs later. Coverage under any renewal policy shall include a retroactive date that precedes the earlier of the effective date of this Contract or the first performance of work for the Project. The purchase of an extended discovery period or an extended reporting period on this policy will not be sufficient to comply with the obligations hereunder. 9.10 Cyber Liability. Minimum limits of $5,000,000 for third party losses. Coverage must include: (a) Event Management; (b) Unauthorized Access/use; (c) Computer Virus; (d) Denial of Service Attack; (e) Libel, Cyber-libel, Slander, Product Disparagement; (f) Violation of Right of Privacy; (g) Regulatory Costs; (h) Privacy Costs- Privacy Injury and Identity Theft; (i) Programming Errors & Omissions Liability; (j) Replacement or Restoration of Electronic Data (First Person); (k) Extortion Threats; (l) Business Income and Extra Expense (to $1 million); (m) Public Relations Expense; and (n) Security Breach Expense. C#20300481 Vertical Var dba SPS Var, LLC 9Page 29 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 9 ARTICLE X TECHNOLOGY REQUIREMENTS 10.01 Cloud Provider. Work involve being a Cloud Provider, the following shall apply: (a) Security Policies and Procedures. The Contractor shall provide the City with copies of its information security policies and procedures within three (3) business covering: i. Data Classification and privacy; ii. Security training and awareness; iii. Systems administration, patching and configuration; iv. Incident response; v. Managing workstations, mobile devices and antivirus applications; vi. Backups, disaster recovery and business partners and contractors; vii. Audit and testing schedules; viii. Requirements for third-party business partners and contractors; ix. Compliance with information security or privacy laws, rules, regulations or standards; x. Evidence of background checks that support security of sensitive or confidential information; xi. Disclosure of previous data breaches; and xii. Any other relevant information regarding security policies or procedures. (b) Industry Best Practices. Contractor must provide all services using the best commercially-available security technology and techniques according to industry security standards, policies and procedures including those relating to fraud prevention and detection and any other inappropriate system and network use or access, including: i. Providing secure (SSL, HTTPS, or similar) access to all levels of users as defined by the City via the internet; ii. Having controls meeting applicable laws and the latest Framework for Improving Critical Infrastructure Cyber security from National Institute of Standards and Technology (NIST) or compatible industry security frameworks; iii. Completely testing and applying patches for hardware bios/firmware, bare metal operating systems (e.g. VMware ESXi), virtualized server operating systems, and software products before release; and iv. Having all servers providing work to the City solely physically located within the continental United States of America. Contractor must house all C#20300481 Vertical Var dba SPS Var, LLC 10Page 30 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 10 servers and equipment in an operational environment meeting industry standards including a climate-controlled room with a fire and security hazard detection system and a network and electrical redundancy system, including backup Uninterruptable Power Supply (UPS) and automatic fail- over stand-by generators and physical security. (c) Data Breach. i. Notice. Contractor must immediately notify the City by telephone and email no later than twenty-four (24) hours if there is a reasonable probability of a data security incident. Contractor must send a written letter following up on the data security incident within forty-eight (48) hours following a data breach. The Contractor must: 1. incident in a timely manner; 2. Promptly implement necessary remedial measures; and 3. Document responsive actions taken related to the data breach, including any post-incident review and actions taken to make changes in business practices in providing the work, if necessary. ii. Contractor Agreement Breach. If a data breach results from Contractor breach of the Contract, Contractor must: 1. Bear any costs associated with the investigation and resolution of the data breach 2. Notify individuals, regulators and all others required by Identity Theft Enforcement and Protection Act in the Texas Business and Commerce Code Chapter 521 Unauthorized Use of Identifying Information; 3. Engage a credit monitoring service or identity protection service; 4. Publish a website or toll-free number and call center for affected individuals as required by state or federal law; 5. Complete all corrective actions as reasonably determined based on root cause; and 6. Send the City written findings and remedial measures from the data breach. (d) Preventive Security Procedures. Contractor must: i. Provide on-going software updates as they become available complying with the defined maintenance windows. The Contractor must completely test updates; including any bug fixes, patches and other improvements; ii. Monitor system and error logs and perform preventive maintenance to minimize and predict system problems, including initiating and completing an appropriate response; C#20300481 Vertical Var dba SPS Var, LLC 11Page 31 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 11 iii. Conduct a third-party independent security/vulnerability assessment at its own expense at least annually and submit the results of such assessment to the City; iv. Agree to third-party application and vulnerability security scans and schedules; v. security/vulnerability assessment results aligning with City Security Vulnerability Assessment Standards; vi. Limit logical and physical access to all system components and provide access only to those individuals with a business need for work provided. Individuals who have access to systems and data must have a criminal background check; vii. Annually audit the data center through an independent third-party auditor. Audit results must form Service Organization Control (SOC) report. The audit results must comply with industry standard controls for data security and disaster recovery that the Contractor shall report to the City in writing; and viii. Take all necessary measures to protect the data and encryption keys including, but not limited to the off-site servers daily backup according to industry best practices and encryption techniques. (e) Disaster Recovery. Contractor must comply with any and all City disaster recovery and resiliency protocols to prevent system interruption. In the event of system breach, Contractor shall notify the City and restore the system within twenty-four (24) hours from discovery of breach. (f) Closeout. i. Agreement Expiration. When the Agreement term expires or terminates, and at any other time at the written request, Contractor must promptly return to the City all intellectual and physical property subject to the Agreement including, but not limited to system configuration data and information in file or document formats in the Contractor control. ii. Access. The City will have access to export and retrieve its data for no less than ninety (90) days after the Agreement expiration or termination date. The City must be able to access its data at any time during the Agreement term in a readily readable, structured and documented format, such as CSV- format or some other standard format offered by the Contractor. The Contractor must provide the City transition work after Agreement expiration or termination at Contractor -current and generally- charged hourly rates. iii. Data Removal. Agreement expiration or termination, the Contractor must remove, delete, purge, overwrite or otherwise render inaccessible within a reasonable time, all City data C#20300481 Vertical Var dba SPS Var, LLC 12Page 32 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 12 remaining on Contractor - current technology available. Contractor must provide the City a written and signed statement confirming data has been deleted, purged, overwritten or otherwise rendered inaccessible. The Contractor will not otherwise delete 10.02 Premise Solutions. When some Work involve providing Premise Solutions, the following shall apply: (a) Requirements: Contract must: i. Provide the City with its security architecture. The security architecture must at a minimum meet applicable laws and the latest Cybersecurity Framework for Improving Critical Infrastructure from National Institute of Standards and Technology (NIST) or compatible industry security frameworks; ii. Have data access limited to only required support service; iii. s sensitive or confidential information; iv. Notify the City within twenty-four (24) hours when any patches resulting from security vulnerability and threats become available; v. Provide City with all applicable security assessments, audits and certifications related to system security annually; vi. Train City staff on security-related procedures regarding system operation and maintenance; and vii. Take all necessary measures to protect the data and data encryption when applicable. (b) Data Breach. i. Notice. Contractor must immediately notify the City by telephone and email no later than twenty-four (24) hours if there is a reasonable probability of a data security incident. Contractor must send a written letter following up on the data security incident within forty-eight (48) hours following a data breach. The Contractor must: 1. incident in a timely manner; 2. Promptly implement necessary remedial measures; and 3. Document responsive actions taken related to the data breach, including any post-incident review and actions taken to change business practices in providing the work, if necessary. ii. Contractor Agreement Breach. breach of this Agreement, Contractor must: C#20300481 Vertical Var dba SPS Var, LLC 13Page 33 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 13 1. Bear any costs associated with the investigation and resolution of the data breach; 2. Notify individuals, regulators and all others required by Identity Theft Enforcement and Protection Act in the Texas Business and Commerce Code Chapter 521 Unauthorized Use of Identifying Information; 3. Engage a credit monitoring service; 4. Publish a website or a toll-free number and call center for affected individuals as required by state or federal law; 5. Complete all corrective actions as reasonably determined based on root cause; and 6. Send the City written findings and remedial measures from the data breach. (c) Data Removal. the Contractor must remove, delete, purge, overwrite or otherwise render servers to the extent possible based on the then-current technology available. Contractor must provide the City a written and signed statement confirming data has been deleted, purged, overwritten or otherwise rendered inaccessible. The consent. 10.03 Background Checks. The Consultant agrees to assume all responsibility for and to perform background checks on all its employees, agents and assigns working on the Project. Such background checks include but are not limited to, criminal records and civil judgments, professional license verifications, motor vehicle records, social security number, court records, military service records, other public records reports, and verifications of employment, and education. This must be done prior to such individuals commencing their work on the Project. Consultant agrees to produce any and all background checks information as described herein when requested to the City. To the degree allowed by applicable law, City agrees to keep such information confidential. 10.04 Change Management. Any major change to the system shall be authorized and approved by the City. The changes will follow the change management process outlined by the City and in accordance with this Contract. All enhancements and upgrades shall be included in the change management scope of work. All changes will be reasonably tested by the vendor in accordance with the requirements of the City. All major upgrades with exception to emergency upgrades, such as to address a vulnerability, will be scheduled on a calendar and back-out plans presented to the City. C#20300481 Vertical Var dba SPS Var, LLC 14Page 34 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 14 10.05 Work Completion. Unless explicitly provided for otherwise in this Contract or expressly mutually agreed upon by the parties in writing, the Work will be considered complete when it echnology environment. ARTICLE XI TERMINATION 11.01 At any time, the City may terminate the Project for convenience, in writing. At such time, the City shall notify Consultant, in writing, who shall cease work immediately. Consultant shall be compensated for the work performed. In the event that the City terminates this Contract for convenience, the City shall pay Consultant for the work performed and expenses incurred prior to the date of termination. 11.02 No term or provision of this Contract shall be construed to relieve the Consultant of liability to the City for damages sustained by the City or because of any breach of contract by the Consultant. The City may withhold payments to the Consultant for the purpose of setoff until the exact amount of damages due the City from the Consultant is determined and paid. ARTICLE XII MISCELLANEOUS TERMS 12.01 Venue and Applicable Law. This Contract has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Brazos County, Texas. 12.02 Notices. Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: CITY: CONSULTANT: City of College Station Attn: Attn: P.O. Box 9960 College Station, Texas 77842 @cstx.gov ________________________ 12.03 Performance of Work. Consultant, its employees, associates or subconsultants shall perform all the Work hereunder. Consultant agrees that all of its associates, employees, or subconsultants who work on this Project shall be fully qualified and competent to do the Work described hereunder. Consultant shall undertake the Work and complete it in a timely manner. Courtney Carroll ccarroll Vertical VAR LLC dba SPS VAR, LLC Tom Lewis PO Box 8869 Atlanta GA 31106 tom.lewis@spsvar.com C#20300481 Vertical Var dba SPS Var, LLC 15Page 35 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 15 12.04 Compliance. The Consultant shall comply with all applicable federal, state, and local statutes, regulations, ordinances, and other laws, including but not limited to the Immigration Reform and Control Act (IRCA). The Consultant may not knowingly obtain the labor or work of an unauthorized alien. The Consultant, not the City, must verify eligibility for employment as required by IRCA. 12.05 Waiver. No waiver by either party hereto of any term or condition of this Contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 12.06 Assignment. This Contract and all rights and obligations contained herein may not be assigned by Consultant without the prior written approval of the City. 12.07 Invalidity. If any provision of this Contract shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Contract with legal terms and conditions approximating the original intent of the parties. 12.08 Prioritization. Contractor and City agree that City is a political subdivision of the State of Texas and is thus subject to certain laws. Because of this there may be documents or portions thereof added by Contractor to this Contract as exhibits that conflict with such laws, or that conflict with the terms and conditions herein excluding the additions by Contractor. In either case, the applicable law or the applicable provision of this Contract excluding such conflicting addition by Contractor shall prevail. The parties understand this section comprises part of this Contract without necessity of additional consideration. 12.09 Entire Agreement. This Contract represents the entire and integrated agreement between the City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may only be amended by written instrument approved and executed by the parties. 12.10 Bound by Terms. The parties acknowledge that they have read, understood, and intend to be bound by the terms and conditions of this Contract. 12.11 Effective. This Contract goes into effect when duly approved by all the parties hereto. 12.12 No Boycott Irael. To the extent this Contract is considered a contract for goods or work subject to §2270.002 Texas Government Code, Consultant verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract. C#20300481 Vertical Var dba SPS Var, LLC 16Page 36 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Page | 16 List of Exhibits A. Scope of Work B. Payment Schedule C. Certificates of Insurance CITY OF COLLEGE STATION By: By: Printed Name: City Manager Title: Date: Date: APPROVED: City Attorney Date: _________________ Assistant City Manager/CFO Date: _________________ VERTICAL VAR, LLC dba SPS Var, LLC C#20300481 Vertical Var dba SPS Var, LLC 17Page 37 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Exhibit A Scope of Work Per Attached Statement of Work from SPSVar: Upgrade of Power HA to Power9, with installation, migration, maintenance and warranty C#20300481 Vertical Var dba SPS Var, LLC 18Page 38 of 152 City of College Station Statement of Work - Upgrade of PowerHA to Power9 Milestones #1 - Receipt of PO & Signed Agreements from CSTX #2 - SPS VAR submits order to IBM within 2 days of receipt #3 - Equipment built and shipped from IBM – Est of 10 days #4 - Equipment delivers to College Station – Est of 10 days #5 - Onsite Install – 1 Day, but schedule dependent on Covid-19 Restrictions Add 2 weeks #6 - The following services will be provided via remote access as part of this project once equipment is physically installed. Timeline dependent on VPN accessibility. Add 2 weeks Pre-req (When Power9's are installed): 4-8 hours  Everything is done at V7R3 latest cume and groups all systems!  Download latest Cume and groups on old systems  Prep for apply and Initial Program Load (IPL) on old systems  Backup old systems  IPL old systems  VPN access to both new systems, and old systems  Only configure 2 physical drives to sysbase, leave the rest unconfigured  Latest Cume, Groups, and Firmware have been installed on Power9's  Configure LAN Console to each  Configure LAN Interface to each  Configure ASMI on HMC1 to each NEW Mirror Config: 12-16 hours  Configure IASP1 on Power9A  Configure GeoMirror between PWR9A and PWR9B  Test & Role Swap test  Configure IASP2 on PWR9A  Suspend mirroring #7 - Migration – Dependent upon planned weekend for downtime OLD Mirror Config: 8-12 hours  Apply latest Cume and groups, equivalent to what is on Power9's  Save21 on source  Down Production & Mirror New Mirror Config: 12-16 hours  Restore 21 onto PWR9A (Including IASP1 and 2)  Adjust resources as necessary  Test Accessibility  Resume Mirror #8 - Decommission of OLD systems: 4-8 hours After Migration to NEW is complete  Deconfigure GeoMirror on old systems  Clear the ASP's on all systems  Format the drives on all systems  Deconfigure all drives (except load source) Documentation included  Visio  Cross-ref  Skill Transfer Further details and timeline upon project start. C#20300481 Vertical Var dba SPS Var, LLC 19Page 39 of 152 ✔ Exhibit B Payment Terms Payment is a fixed fee in the amount listed in Article II of this Contract. This amount shall be payable by the City pursuant to the schedule listed below and upon completion of the work and written acceptance by the City. Schedule of Payment for each phase: DIR -TSO-3996 PRODUCTION LOCATION Production 9009-41A $ 25,155.14 Production 7226-1U3 4,879.82 Production Software Price 13,422.00 DR TARGET LOCATION Target 9009-41A $ 25,155.14 Target 7226-1U3 4,879.82 Target Software 13,422.00 3 YEAR SERVICE ELITE CONTRACT AZ16G4 $ 8,018.43 NaviLine Server Upgrade Via DIR-TSO-3996 $ 94,932.35 INSTALL & MIGRATION SERVICES (NON-DIR PRICING) PRODUCTION LOCATION Onsite Rack Installation Services Production Site (IT, 310 Krenek Tap Rd) $ 2,000.00 Target Site (City Hall, 1101 Texas Avenue) 4,879.82 Remote Setup and Migration Services (Include PTF’s & POWERHA Setup) 13,500.00 SERVICES PROPOSAL TOTAL $ 17,500.00 GRAND TOTAL OF CONTRACT $ 112, 432.35 C#20300481 Vertical Var dba SPS Var, LLC 20Page 40 of 152 Quote Date: 7/30/2020 Quote Valid for 45 Days Lori Blan SPS VAR SPS VAR P.O. Box 8869 Office (770) 216-4462 Atlanta, GA 31106 lori.blan@spsvar.com www.SPSVAR.com DIR-TSO-3996 Vertical VAR dba SPS VAR POWER9 Proposal For City of College Station NaviLine Server Upgrade These prices are for your information only and are subject to change without notice. Tax not included. 1 C#20300481 Vertical Var dba SPS Var, LLC 21Page 41 of 152 Quote#2020073001LBB Date: 07/30/2020 NaviLine with HA Target Proposal  For City of College Station  DIR‐TSO‐3996  Part#    Description Qty Discount Extended Sales Price  Production Location  9009‐41A IBM POWER9 Model S914 1 18% 2,583.00$                  9009‐41A ‐0041 Device Parity Protection‐All, Specify Code 1 18% ‐$                            9009‐41A‐0205 RISC‐to‐RISC Data Migration 1 18% ‐$                            9009‐41A‐0267 IBM i Operating System Partition Specify 1 18% ‐$                            9009‐41A‐0347 RAID Hot Spare Specify 1 18% ‐$                            9009‐41A‐2145 Primary OS ‐ IBM i 1 18% ‐$                            9009‐41A‐2319 Factory Deconfiguration of 1‐core 5 18% ‐$                            9009‐41A‐3930 System Serial Port Converter Cable 1 18% 11.48$                        9009‐41A‐4650 Rack Indicator‐ Not Factory Integrated 1 18% ‐$                            9009‐41A‐5228 PowerVM Enterprise Edition 1 18% ‐$                            9009‐41A‐5557 System Console‐Ethernet LAN adapter 1 18% ‐$                            9009‐41A‐5899 PCIe2 4‐port 1GbE Adapter 2 18% 575.64$                      9009‐41A‐6458 Power Cord 4.3m (14‐ft),  Drawer to IBM PDU (250V/10A)4 18%45.92$                        9009‐41A‐9441 New IBM i License Core Counter 1 18%‐$                            9009‐41A‐9448 Other IBM i License Core Counter 5 18%‐$                            9009‐41A‐EB2L AC Power Supply ‐ 900W 4 18%820.00$                      9009‐41A‐EB73 IBM i 7.3 Indicator 1 18%‐$                            9009‐41A‐ECCF System Port Converter Cable for UPS 1 18%123.00$                      9009‐41A‐EJ10 PCIe3 SAS Tape/DVD Adapter Quad‐port 6Gb x8 1 18%820.00$                      9009‐41A‐EJ1D Expanded Function Storage Backplane 18 SFF‐3 Bays/Dual IOA with W 1 18%3,361.18$                  9009‐41A‐EJTZ Rack‐mount Rail Kit 1 18% 163.18$                      9009‐41A‐EJUF Front IBM Bezel 18‐Bay Backplane 1 18% 164.00$                      9009‐41A‐ELUJ #ESNJ Load Source Specify (283GB HDD SFF‐3) 1 18% ‐$                            9009‐41A‐EM63 32 GB DDR4 Memory 2 18% 1,802.36$                  9009‐41A‐EN15 PCIe3 4‐port 10GbE SR Adapter 1 18% 2,419.00$                  9009‐41A‐EP11 6‐core Typical 2.3 to 3.8 GHz (max) POWER9 Processor 1 18%2,693.70$                  9009‐41A‐EP41 One Processor Core Activation for #EP11 6 18%‐$                            9009‐41A‐ESC0 S&H ‐ No Charge 1 18%‐$                            9009‐41A‐ESNJ 283GB 15K RPM SAS SFF‐3 4k Block Cached Disk Drive (IBM i) 18 18%9,225.00$                  9009‐41A‐EU0B Operator Panel LCD Display 1 18%327.18$                      9009‐41A‐EU19 Cable Ties & Labels 1 18%20.50$                        9009‐41A‐EU2D Express Edition 6‐core (IBM i)1 18%‐$                             =========  PRODUCTION 9009‐41A Price 25,155.14$                7226‐1U3 Multi‐Media Enclosure ‐ LTO6 Tape & DVD Drive 1 18%1,332.50$                  7226‐1U3‐1420 DVD‐RAM SATA/SAS Sled w/1‐DVD‐RAM Drive 1 18%461.66$                      7226‐1U3‐8341 HHLTO6 SAS Tape Drive 1 18%3,070.08$                  7226‐1U3‐9848 Rack Device to PDU Cord 1 18%15.58$                        7226‐1U3‐9850 4m Mini‐SAS HD/Mini‐SAS 1x Cable 2 18%‐$                            7226‐1U3‐AG00 Shipping and Handling ‐ No Charge 1 18%‐$                             =========  PRODUCTION 7226‐1U3 Price 4,879.82$                  Vertical  VAR  dba SPS VAR 1 of 3 C#20300481 Vertical Var dba SPS Var, LLC 22Page 42 of 152 Quote#2020073001LBB Date: 07/30/2020 NaviLine with HA Target Proposal  For City of College Station  DIR‐TSO‐3996  Part#    Description Qty Discount Extended Sales Price  5733‐SP3 IBM Software Maintenance for IBM i and Selected Products, 3‐Year Re 1 20%‐$                            5733‐SP3‐0004 P10 0Price Per Proc 3Yr Reg 1 20%‐$                            5733‐SP3‐0006 P10 Registration/Renewal 24x7 1 20%1,200.00$                  5733‐SPE IBM Software Maintenance for IBM i and Selected Products, 3‐Year Ex 1 20%‐$                            5733‐SPE‐4943 P10 Per Processor 3Yr Reg 1 20%8,000.00$                  5770‐SS1 IBM i V7 1 20%‐$                            5770‐SS1‐1448 OTC per IBM i license transfer 1 20%4,000.00$                  5773‐PVE 3‐Year SWMA for 5765‐PVE/VE3 1 26%‐$                            5733‐PVE‐0999 Per Proc SW Maint Registration (Small)1 26%222.00$                       =========  PRODUCTION SOFTWARE Price 13,422.00$                DR Target Location   9009‐41A IBM POWER9 Model S914 1 18%2,583.00$                  9009‐41A ‐0041 Device Parity Protection‐All, Specify Code 1 18%‐$                            9009‐41A‐0205 RISC‐to‐RISC Data Migration 1 18%‐$                            9009‐41A‐0267 IBM i Operating System Partition Specify 1 18%‐$                            9009‐41A‐0347 RAID Hot Spare Specify 1 18%‐$                            9009‐41A‐0444 CBU Specify 1 18%‐$                            9009‐41A‐2145 Primary OS ‐ IBM i 1 18%‐$                            9009‐41A‐2319 Factory Deconfiguration of 1‐core 5 18%‐$                            9009‐41A‐3930 System Serial Port Converter Cable 1 18%11.48$                        9009‐41A‐4650 Rack Indicator‐ Not Factory Integrated 1 18%‐$                            9009‐41A‐5228 PowerVM Enterprise Edition 1 18%‐$                            9009‐41A‐5557 System Console‐Ethernet LAN adapter 1 18%‐$                            9009‐41A‐5899 PCIe2 4‐port 1GbE Adapter 2 18%575.64$                      9009‐41A‐6458 Power Cord 4.3m (14‐ft),  Drawer to IBM PDU (250V/10A)4 18%45.92$                        9009‐41A‐9441 New IBM i License Core Counter 1 18%‐$                            9009‐41A‐9448 Other IBM i License Core Counter 5 18%‐$                            9009‐41A‐EB2L AC Power Supply ‐ 900W 4 18%820.00$                      9009‐41A‐EB73 IBM i 7.3 Indicator 1 18%‐$                            9009‐41A‐ECCF System Port Converter Cable for UPS 1 18%123.00$                      9009‐41A‐EJ10 PCIe3 SAS Tape/DVD Adapter Quad‐port 6Gb x8 1 18%820.00$                      9009‐41A‐EJ1D Expanded Function Storage Backplane 18 SFF‐3 Bays/Dual IOA with W 1 18%3,361.18$                  9009‐41A‐EJTZ Rack‐mount Rail Kit 1 18% 163.18$                      9009‐41A‐EJUF Front IBM Bezel 18‐Bay Backplane 1 18% 164.00$                      9009‐41A‐ELUJ #ESNJ Load Source Specify (283GB HDD SFF‐3) 1 18% ‐$                            9009‐41A‐EM63 32 GB DDR4 Memory 2 18% 1,802.36$                  9009‐41A‐EN15 PCIe3 4‐port 10GbE SR Adapter 1 18% 2,419.00$                  9009‐41A‐EP11 6‐core Typical 2.3 to 3.8 GHz (max) POWER9 Processor 1 18%2,693.70$                  9009‐41A‐EP41 One Processor Core Activation for #EP11 6 18%‐$                            9009‐41A‐ESC0 S&H ‐ No Charge 1 18%‐$                            9009‐41A‐ESNJ 283GB 15K RPM SAS SFF‐3 4k Block Cached Disk Drive (IBM i) 18 18%9,225.00$                  9009‐41A‐EU0B Operator Panel LCD Display 1 18%327.18$                      9009‐41A‐EU19 Cable Ties & Labels 1 18%20.50$                        9009‐41A‐EU2D Express Edition 6‐core (IBM i)1 18%‐$                             =========  TARGET 9009‐41A Price 25,155.14$                Vertical  VAR  dba SPS VAR 2 of 3 C#20300481 Vertical Var dba SPS Var, LLC 23Page 43 of 152 Quote#2020073001LBB Date: 07/30/2020 NaviLine with HA Target Proposal  For City of College Station  DIR‐TSO‐3996  Part#    Description Qty Discount Extended Sales Price  7226‐1U3 Multi‐Media Enclosure ‐ LTO6 Tape & DVD Drive 1 18%1,332.50$                  7226‐1U3‐1420 DVD‐RAM SATA/SAS Sled w/1‐DVD‐RAM Drive 1 18% 461.66$                      7226‐1U3‐8341 HHLTO6 SAS Tape Drive 1 18% 3,070.08$                  7226‐1U3‐9848 Rack Device to PDU Cord 1 18% 15.58$                        7226‐1U3‐9850 4m Mini‐SAS HD/Mini‐SAS 1x Cable 2 18% ‐$                            7226‐1U3‐AG00 Shipping and Handling ‐ No Charge 1 18% ‐$                             =========  TARGET 7226‐1U3 Price 4,879.82$                  5733‐SP3 IBM Software Maintenance for IBM i and Selected Products, 3‐Year Re 1 20%‐$                            5733‐SP3‐0004 P10 0Price Per Proc 3Yr Reg 1 20%‐$                            5733‐SP3‐0006 P10 Registration/Renewal 24x7 1 20%1,200.00$                  5733‐SPE IBM Software Maintenance for IBM i and Selected Products, 3‐Year Ex 1 20%‐$                            5733‐SPE‐4943 P10 Per Processor 3Yr Reg 1 20%8,000.00$                  5770‐SS1 IBM i V7 1 20%‐$                            5770‐SS1‐1448 OTC per IBM i license transfer 1 20%4,000.00$                  5773‐PVE 3‐Year SWMA for 5765‐PVE/VE3 1 26%‐$                            5733‐PVE‐0999 Per Proc SW Maint Registration (Small)1 26%222.00$                       =========  Target Software 13,422.00$                3 Year Service Elite Contract AZ16G4  3 Year Warranty Service Uplift to 24x7   PROD  9009‐41A 26.5%918.75$                      3 Year Warranty Service Uplift to 24x7   TARGET  9009‐41A 26.5%918.75$                      1 Year Warranty Service Uplift to 24x7   PROD  7226‐1U3 26.5%132.30$                       1 Year Warranty Service Uplift to 24x7   TARGET  7226‐1U3 26.5%132.30$                       Hardware Maintenance PROD 7226‐1U3    ( years #2 & 3 ) 26.5%880.18$                       Hardware Maintenance TARGET 7226‐1U3    ( years #2 & 3 ) 26.5%880.18$                       3 Year Software Maintenance on PROD PowerHA Licensing   9.5%2,077.99$                   3 Year Software Maintenance on TARGET PowerHA Licensing   9.5%2,077.99$                    =========  3 year Service Elite Maintenance Contract  8,018.43$                  Hardware Price 60,069.92$                 Software Price 26,844.00$                 3 Year Hardware Warranty and Software Maintenance 8,018.43$                   ========== State Contract DIR‐TSO‐3996 Total 94,932.35$       Vertical  VAR  dba SPS VAR 3 of 3 C#20300481 Vertical Var dba SPS Var, LLC 24Page 44 of 152 Quote Date: 7/30/2020 Quote Valid for 45 Days Lori Blan SPS VAR SPS VAR P.O. Box 8869 Office (770) 216-4462 Atlanta, GA 31106 lori.blan@spsvar.com www.SPSVAR.com Vertical VAR dba SPS VAR Install and Migration Services Proposal For City of College Station NaviLine Server Upgrade These prices are for your information only and are subject to change without notice. Tax not included. 1 C#20300481 Vertical Var dba SPS Var, LLC 25Page 45 of 152 Quote Date: 7/30/2020 Quote Valid for 45 Days Onsite Rack installation Services - Production Site $2,000.00 IT Dept 310 Krenek Tap Road Onsite Rack installation Services - Target Site $2,000.00 City Hall 1101 Texas Ave Remote Setup and Migration Services $13,500.00 Includes PTFs and POWERHA setup Services Proposal Total $17,500.00 These prices are for your information only and are subject to change without notice. Tax not included. 2 C#20300481 Vertical Var dba SPS Var, LLC 26Page 46 of 152 Contract No.__________ Technology Services Contract Form 12-05-19 Exhibit C Certificates of Insurance C#20300481 Vertical Var dba SPS Var, LLC 27Page 47 of 152 C#20300481 Vertical Var dba SPS Var, LLC 28Page 48 of 152 C#20300481 Vertical Var dba SPS Var, LLC 29Page 49 of 152 C#20300481 Vertical Var dba SPS Var, LLC 30Page 50 of 152 C#20300481 Vertical Var dba SPS Var, LLC 31Page 51 of 152 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 07/28/2020 Mary Storti c/o Paychex Insurance Agency, Inc. 150 Sawgrass Drive Rochester, NY 14620 (877) 266-6850 pbscerts@paychex.com American Zurich Insurance Company 40142 Paychex Business Solutions, LLC 911 Panorama Trail South Rochester, NY 14625 Coverage is provided for only those co-employees of, but not subcontractors to: WC 12-68-329-00 06/01/2020 06/01/2020 06/01/2021 06/01/2021 1,000,000 1,000,000 1,000,000 20FL0951025200 07357508-TX X Endorsements: Waiver of Subrogation, 30 days written cancel notice (10 days for non payment of premium) N Alt. Emp: VERTICAL VAR LLC NO FIXED ADDRESS No Specific, TX 99999 CITY OF COLLEGE STATION P.O. BOX 9960 COLLEGE STATION, TX 77842 Client# A Location Coverage Period: X C#20300481 Vertical Var dba SPS Var, LLC 32Page 52 of 152 C#20300481 Vertical Var dba SPS Var, LLC 33Page 53 of 152 C#20300481 Vertical Var dba SPS Var, LLC 34Page 54 of 152 C#20300481 Vertical Var dba SPS Var, LLC 35Page 55 of 152 C#20300481 Vertical Var dba SPS Var, LLC 36Page 56 of 152 C#20300481 Vertical Var dba SPS Var, LLC 37Page 57 of 152 C#20300481 Vertical Var dba SPS Var, LLC 38Page 58 of 152 C#20300481 Vertical Var dba SPS Var, LLC 39Page 59 of 152 C#20300481 Vertical Var dba SPS Var, LLC 40Page 60 of 152 C#20300481 Vertical Var dba SPS Var, LLC 41Page 61 of 152 C#20300481 Vertical Var dba SPS Var, LLC 42Page 62 of 152 C#20300481 Vertical Var dba SPS Var, LLC 43Page 63 of 152 C#20300481 Vertical Var dba SPS Var, LLC 44Page 64 of 152 C#20300481 Vertical Var dba SPS Var, LLC 45Page 65 of 152 C#20300481 Vertical Var dba SPS Var, LLC 46Page 66 of 152 C#20300481 Vertical Var dba SPS Var, LLC 47Page 67 of 152 C#20300481 Vertical Var dba SPS Var, LLC 48Page 68 of 152 C#20300481 Vertical Var dba SPS Var, LLC 49Page 69 of 152 C#20300481 Vertical Var dba SPS Var, LLC 50Page 70 of 152 C#20300481 Vertical Var dba SPS Var, LLC 51Page 71 of 152 C#20300481 Vertical Var dba SPS Var, LLC 52Page 72 of 152 C#20300481 Vertical Var dba SPS Var, LLC 53Page 73 of 152 August 27, 2020 Item No. 3.4. Presentation, discussion, and possible action of award for annual blanket purchase agreement for various EMS medical supply items to be stored in inventory as follows with Boundtree Medical L.L.C. for an estimated annual expenditure of $120,000.00 Sponsor:Richard Mann Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on the annual blanket purchase agreement for various EMS medical supply with Bound Tree Medical, LLC for an estimated annual expenditure of $120,000. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the Bound Tree Medical purchase contract #20300674. Summary: On June 14, 2018, Council approved an Interlocal Agreement between the City of College Station and the City of Cedar Hill. With the approval of the Interlocal Agreement, this allows the Fire Department, in conjunction with other cities, to obtain the best price available on their EMS supply purchases. This is the second and final renewal available under this Interlocal Agreement. Procurement statues allow for the use of Interlocal Agreements in lieu of a formal bidding process, as the services have already been bid out by another city. Budget & Financial Summary: Funds are budgeted in the Fire Department budget for this expenditure. This blanket purchase contract should provide adequate purchasing of supplies for the department’s current and future needs. Reviewed & Approved by Legal: No Attachments: 1.18300515 -ILA Signed 2.20300674 3.BuyBoard 610-20 4.Emergency Medical Services Agreement-Cedar Hill & Bound Tree Page 74 of 152 June 14, 2018 Consent Agenda Interlocal Agreement with the City of Cedar Hill To: Jeff Capps, Interim City Manager From: Mary Ellen Leonard, Finance Director Agenda Caption: Presentation, possible action and discussion on an Interlocal Agreement for cooperative purchasing activities between the City of College Station and the City OF Cedar Hill. Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently Recommendation(s): Staff respectfully recommends approval of the Interlocal Agreement. Summary: This agreement would authorize the City of College Station and the City of Grapevine to jointly prepare bids and proposals for the purchase of goods and services. It also allows the Cities to piggyback each other’s bids and contracts when in our best interest. Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract, to the greatest possible extent, with one another and with agencies of the state to perform governmental functions or services including administrative functions normally associated with the purchase of necessary equipment, supplies and services. Budget & Financial Summary: No expenses will be incurred to approve the Interlocal Agreement. Future savings may be realized through economies of scale in administrative, advertising and other purchasing costs. Reviewed and Approved by Legal: Yes Attachments: Contract 18300513 – ILA with the City of Cedar Hill 5 Page 75 of 152 INTERLOCAL AGREEMENT BETWEEN THE CITY OF COLLEGE ST A TI ON AND CITY OF CEDAR HILL WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services; WHEREAS, City of College Station and CITY OF CEDAR HILL desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, the City of College Station is a Home-Rule Municipal Corporation organized under the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION 5 OF ITS CITY CHARTER; WHEREAS, The City of College Station and CITY OF CEDAR HILL !! represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, each party has sufficient funds available from current revenues to perform the functions contemplated by this Agreement; WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of necessary equipment, supplies and services; WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized. NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: 1. City of College Station and CITY OF CEDAR HILL Purchasing Agents shall be authorized to jointly prepare bids, proposals, requests for qualifications and other procurement activity for the purchase of equipment, supplies, services, insurance, high technology, professional services and other expenditures that may be exempt from competitive bidding/proposals. Contract No. 18300515 Standard Form Purchasing !LA Cedar Hill CRC 05-22-18 Page 11 Page 76 of 152 2. The Purchasing Agents shall fairly distribute the bids, proposals, requests for qualifications and other purchases to be made and the cost of advertising shall be borne equally by each entity, whenever joint purchasing is undertaken. 3. The City of College Station and CITY OF CEDAR HILL Purchasing Agents shall agree on who is responsible for all such administrative duties as may be necessary to lawfully facilitate processing and preparation of any bids, proposals and request for qualifications and other procurement activity as may be required for the purchase of any equipment, supplies, services, insurance, high technology, professional services and other expenditures that may be exempt from competitive bidding/proposals. The City of College Station and CITY OF CEDAR HILL shall share equally any and all cash rebates related to any joint purchases pursuant to this Agreement. 4. Each entity shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective entity. 5. Participation of either entity in any cooperative purchasing activity is strictly voluntary. Nothing in this Agreement shall prevent either entity from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. 6. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 7. Effective Date and Term. This Agreement shall be effective when approved by both parties, and will remain in full force and effect until the end of the current fiscal year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Paragraph(s) 8 or 9. 8. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated approval of each governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. Contract No. 18300515 Standard Fom1 Purchasing ILA Cedar Hill CRC 05-22-18 Page 12 Page 77 of 152 9. Termination. By the City of College Station or CITY OF CEDAR HILL . This Agreement may be terminated at any time by the City of College Station or CITY OF CEDAR HILL , with or without cause, upon thirty (30) days written notice to the other parties in accordance with Paragraph 12 herein. 10. Hold Harmless. To the extent allowed by the Texas Constitution and the laws of the State of Texas, The City of College Station and CITY OF CEDAR HILL agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement, and nothing in this section requires that funds be assessed or collected or that a sinking fund be created. 11. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 12. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. City of College Station: CITY OF CEDAR HILL Fiscal Services -Purchasing Division City of College Station 1101 Texas Ave. P.O. Box 9960 College Station, Texas 77842 Purchasing Department CITY OF CEDAR HILL 285 UPTOWN BL VD CEDAR HILL , TX, 75106 13. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be Contract No. 18300515 Standard Form Purchasing ILA Cedar Hill CRC 05-22-18 Page 13 Page 78 of 152 changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 14. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 15. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 16. Place of Performance. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 17. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. 18. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 19. Agreement Read. The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 20. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other parties to this Agreement. 21. Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 22. Verification No Boycott Israel. To the extent this Contract is considered a contract for goods or services subject to §2270.002 Texas Government Code, Consultant verifies that it i) does not boycott Israel; and ii) will not boycott Israel during the term of this Contract. Contract No. 18300515 Standard Form Purchasing !LA Cedar Hill CRC 05-22-18 Page 14 Page 79 of 152 CITY OF COLLEGE STATION ATTEST: ~db CitYiSecret CiiMaa~ A~ A Contract No. 18300515 Standard Form Purchasing ILA Cedar Hill CRC 05-22-18 CITY OF CEDAR HILL BY£di2-- DATE: 07 /;o/:J..0/<g ATTEST: Page\ 5 Page 80 of 152 Page 81 of 152 Page 82 of 152 Page 83 of 152 Page 84 of 152 Page 85 of 152 Page 86 of 152 Page 87 of 152 Page 88 of 152 August 27, 2020 Item No. 3.5. Presentation, discussion, and possible action regarding an Ordinance amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time,” of the Code of Ordinances of the City of College Station, Texas, by removing parking on the south side of Cottonwood Terrace Court from around the cul-de-sac to Parmer Creek Court, the south side of Mamma Bear Drive between Holleman Drive South and Towers Parkway, the west side of Papa Bear Drive between Hayes Lane and Mamma Bear Drive, both sides of the Public Alley between the 1000 block of Toledo Bend Drive and the 1100 block of Toledo Bend Drive, both sides of the Public Alley between the 1100 block of Amistad Loop and the 1100 block of Amistad Loop, and both sides of the Public Alley between the 1000 block of Amistad Loop and the 1200 block of Amistad Loop. Sponsor:Jason Schubert Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an Ordinance amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time,” of the Code of Ordinances of the City of College Station, Texas, by removing parking on the south side of Cottonwood Terrace Court from around the cul-de-sac to Parmer Creek Court, the south side of Mamma Bear Drive between Holleman Drive South and Towers Parkway, the west side of Papa Bear Drive between Hayes Lane and Mamma Bear Drive, both sides of the Public Alley between the 1000 block of Toledo Bend Drive and the 1100 block of Toledo Bend Drive, both sides of the Public Alley between the 1100 block of Amistad Loop and the 1100 block of Amistad Loop, and both sides of the Public Alley between the 1000 block of Amistad Loop and the 1200 block of Amistad Loop. Relationship to Strategic Goals: • Core Services and Infrastructure • Neighborhood Integrity • Improving Mobility Recommendation(s): Staff recommends approval of the ordinance. Summary: The proposed ordinance removes on-street parking from recently constructed streets or public alleys in Phase 102 of the Mission Ranch subdivision, Phase 2A of the Pershing Pointe Villas subdivision, and Phases 104, 200, & 201 of the Midtown Reserve subdivision. These parking removals are shown graphically on the Parking Removal Exhibits and will formalize the subdivision’s compliance with the “Single-Family Residential Parking Requirements with Platting” section of the Unified Development Ordinance (UDO). In September 2013, Council adopted an amendment to the Subdivision Regulations contained in the Page 89 of 152 UDO by creating the “Single-Family Residential Parking Requirements for Platting” section. This section resulted from the efforts of a Joint Neighborhood Parking Task Force, consisting of Council and Planning & Zoning Commission members, which sought solutions to concerns regarding emergency access and on-street parking along residential streets. The section seeks to proactively limit potential issues by providing options for developers of new subdivisions to choose from a menu of residential parking options which include: providing wider streets, narrower streets, standard width streets with parking removal, wide lot frontages, visitor alley-fed off-street parking, or visitor parking areas. The developers of these phases of Mission Ranch and Pershing Pointe Villas subdivisions choose to construct a standard width residential street and remove on-street parking on one side of the street to comply with the requirements. Parking is being removed from the public alleys in the Midtown Reserve subdivision so they function as a fire lane for emergency access as required by the Fire Marshall’s Office during review of the plats. No parking signs were installed with the construction of the streets and alleys and each of the final plats have been approved by the Planning & Zoning Commission and filed for record at the Courthouse. There are no residential units that have completed construction along these streets and this ordinance will formally implement the parking removal as proposed by the developer with the platting of the properties. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Parking Removal Exhibits Page 90 of 152 Ordinance Form 8-14-17 ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 38, “TRAFFIC AND VEHICLES,” ARTICLE VI “TRAFFIC SCHEDULES,” SECTION 38-1014 “TRAFFIC SCHEDULE XIV, NO PARKING HERE TO CORNER AND NO PARKING AT ANY TIME,” BY REMOVING PARKING ON THE SOUTH SIDE OF COTTONWOOD TERRACE COURT FROM AROUND THE CUL-DE-SAC TO PARMER CREEK COURT, THE SOUTH SIDE OF MAMMA BEAR DRIVE BETWEEN HOLLEMAN DRIVE SOUTH AND TOWERS PARKWAY, THE WEST SIDE OF PAPPA BEAR DRIVE BETWEEN HAYES LANE AND MAMMA BEAR DRIVE, BOTH SIDES OF THE PUBLIC ALLEY BETWEEN THE 1000 BLOCK OF TOLEDO BEND DRIVE AND THE 1100 BLOCK OF TOLEDO BEND DRIVE, BOTH SIDES OF THE PUBLIC ALLEY BETWEEN THE 1100 BLOCK OF AMISTAD LOOP AND THE 1100 BLOCK OF AMISTAD LOOP, AND BOTH SIDES OF THE PUBLIC ALLEY BETWEEN THE 1000 BLOCK OF AMISTAD LOOP AND THE 1200 BLOCK OF AMISTAD LOOP, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance upon a finding of liability thereof shall be deemed liable for a civil offense and punished with a civil penalty of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000.00) or upon conviction thereof guilty of a misdemeanor, shall be punished by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Page 91 of 152 ORDINANCE NO. _______Page 2 of 4 Ordinance Form 8-14-17 PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. PASSED, ADOPTED and APPROVED this 27th day of August, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 92 of 152 ORDINANCE NO. _______Page 3 of 4 Ordinance Form 8-14-17 Exhibit A That Chapter 38, “Traffic and Vehicles,” Article VI. “Traffic Schedules”, Section 38-1014 “Traffic Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” is hereby amended to include the following: 1.Cottonwood Terrace Court a.Traveling on: Cottonwood Terrance Court b.Between: Around the cul-de-sac to Parmer Creek Court c.Travel Direction: East d.Restriction: No parking any time 2.Momma Bear Drive a.Traveling on: Momma Bear Drive b.Between: Holleman Drive South and Towers Parkway c.Travel Direction: East d.Restriction: No parking any time 3.Papa Bear Drive a.Traveling on: Papa Bear Drive b.Between: Hayes Lane and Momma Bear Drive c.Travel Direction: South d.Restriction: No parking any time 4.Public Alley a.Traveling on: Public Alley b.Between: 1000 block of Toledo Bend Drive and 1100 block of Toledo Bend Drive c.Travel Direction: All Directions d.Restriction: No parking any time Page 93 of 152 ORDINANCE NO. _______Page 4 of 4 Ordinance Form 8-14-17 5.Public Alley a.Traveling on: Public Alley b.Between: 1100 block of Amistad Loop and 1100 block of Amistad Loop c.Travel Direction: All Directions d.Restriction: No parking any time 6.Public Alley a.Traveling on: Public Alley b.Between: 1000 block of Amistad Loop and 1200 block of Amistad Loop c.Travel Direction: All Directions d.Restriction: No parking any time Page 94 of 152 Parking Removal Mission Ranch Subdivision Phase 102 Page 95 of 152 Mamma Bear Drive Parking Removal Pershing Pointe Villas Subdivision Phase 2A Hayes Lane Towers ParkwayPage 96 of 152 Toledo Bend DriveParking Removal Midtown Reserve Subdivision Phase 104 Public Alley Double Mountain Road Page 97 of 152 Amistad Loop Midtown Reserve Subdivision Phase 200Public AlleyDouble Mountain RoadParking Removal Page 98 of 152 Amistad Loop Public AlleyDouble Mountain RoadParking Removal Amistad Loop Midtown Reserve Subdivision Phase 201 Page 99 of 152 August 27, 2020 Item No. 3.6. Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2021 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2021 for items exempt from competitive bidding greater than $100,000. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services and Infrastructure Recommendation(s): Staff respectfully recommends approval of the purchase requests as listed on the attached spreadsheet, and the authorization for the City Manager to approve contracts and expenditures that are on the exemption list. Summary: Every fiscal year there are a number of expenditures incorporated in the approved budget that are not subject to competitive bidding or proposals. These expenditures are for sole source purchases; expenditures for personal, professional or planning services; captive replacement parts for equipment, and other exemptions more fully described in LGC 252.022 and other expenditures for interlocal contracts or fees mandated by state law. The intent of this item is for Council to authorize the expenditure(s) which will provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. Budget & Financial Summary: Funds are either available or budgeted for each of the listed purchase requests in the Fiscal Year 2021 budget in various funds of the City, or if necessary, will be made available by proposing an appropriate budget amendment or contingency transfer. Reviewed & Approved by Legal: No Attachments: 1.2021 Exemptions List Over $100K Page 100 of 152  2021 Annual Exemptions FY 2020 FY 2021 Approved Request Tyler Technologies (MUNIS Product Maintenance and Services) MUNIS is  the City's Enterprise Resouce Planning (ERP) system.  $240,000.00 $151,000.00 TriTech (Inform Product Maintenance) Annual maintenance fees for the Computer Aided Dispatch and automated Records Management System (CAD/RMS) used by Police and Fire Dispatch.$250,000.00 $199,848.56 City of Bryan (utilities for wells and pump station)$1,000,000.00 $1,000,000.00 Frontier (Local/Long Distance Phone Service)$150,000.00 $150,000.00 Entergy (Well 8 & Well 9electrical power) $250,000.00 $250,000.00 ILA with BVSWMA  This expense is for landfill disposal fees.$1,650,000.00 $1,600,000.00 ILA with Brazos Central Appraisal District This is the City’s portion of the funding of the Brazos Central Appraisal District.  $462,000.00 $500,000.00 ILA with City of Bryan (library services) Interlocal agreement with the City of Bryan for the management of the Larry J. Ringer Library. The library  is owned by the COCS  but is managed (O&M) by the City of Bryan. $1,144,000.00 $1,300,000.00 ILA with National Intergovernmental Purchasing Alliance (NIPA) for Office Depot (office supplies and equipment) All products and services available through NIPA cooperative contracts have been competitively solicited and publicly awarded utilizing industry best practices, processes and procedures. Office Depot has a local store and two‐day delivery for orders placed online.  $120,000.00 $120,000.00 Brazos County Health Department This expense is for the City’s portion of the funding of the Brazos County Health Department. $409,000.00 $479,000.00 Preferred Access Funding Agreement As part of the effort to pay for the renovation of Kyle Field, the COCS, worked to secure funding through the Hotel Occupancy Tax for the project. A portion of the current COCS HOT tax from visitors who stay at College Station hotels is being utilized through a Facilities Access Agreement that provides access to certain facilities at TAMU at preferred rates for events that will bring more visitors and tourists to the community. This exemption item is for the annual payment that is made as a result of that agreement. $700,000.00 $894,000.00 TCEQ (inspections/assessments, permitting fees ‐ W/WW) Oversees all permitting, planning and monitoring of the state's water resources.  These are mandated  fees and the amounts requested each fiscal year are best estimates.$175,000.00 $200,000.00 BV Groundwater Conservation District  ‐ Assessment fees These are mandated fees that are based on the amount of groundwater the City pumps.  There is no rate  increase; however, more pumping is anticipated due to increased poplulation.  $220,000.00 $220,000.00 Expenditures for mandated state fees LGC 252.022 (a)(7)(D) ‐ Captive replacement parts or components for equipment; computer software/hardware maintenance; equipment  lease/maintenance LGC 252.022(a)(7)(c) ‐ Gas, water and other utility services Expenditures pursuant to established interlocal agreements (ILA's) with various agencies O:\Purchasing\BIDFILE\Annual Exemptions\FY 2021\2021 Exemptions List Over $100K ‐ CopyPage 101 of 152 August 27, 2020 Item No. 3.7. Board appointments Sponsor:Billy Couch, Assistant Chief of Police Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action as it relates to the appointment of a new member and the re-appointment of a current member, representing the City of College Station, to the Aggieland Humane Society Board. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Our staff is recommending the appointment of Assistant Police Chief Brandy Norris to the Aggieland Humane Society Board effective immediately. Staff further recommends board appointee Peggy Sherman be approved for an additional term effective January 2021, after the expiration of her current term in December 2020. Summary: The Aggieland Humane Society Board of Directors by-laws require City Council appointment of two City representatives as outlines below. 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: 1.Six directors shall be appointed as follows: Two members appointed by the City Council of the City of College Station who may be a citizen, employee, officer, or elected official of the City of College Station. This appointment will be automatically removed from the Board of Directors with the position suspended and left vacant if the entity is not contracted with the Aggieland Humane Society, Inc. for animal housing services. 2.Due to the recent retirement of Assistant Police Chief Chuck Fleeger, we recommend the appointment of Assistant Chief Brandy Norris to fill the vacant board position. This appointment should be effective immediately. 3.Current City of College Station appointee Peggy Sherman will have an expired term December 2020 and we further recommend City Council appoint Ms. Sherman for another term effective January 2021. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 102 of 152 August 27, 2020 Item No. 4.1. Presentation, discussion, and possible action on an ordinance adopting the City of College Station 2020-2021 Budget; and presentation, discussion, and possible action ratifying the property tax revenue increase reflected in the budget Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on an ordinance adopting the City of College Station 2020-2021 Budget; and presentation, discussion, and possible action ratifying the property tax revenue increase reflected in the budget. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends the City Council approve the ordinance adopting the proposed 2020-2021 budget with any changes the Council wishes to include. A summary of changes the City Council has discussed will be presented to the Council for consideration. Staff also recommends the City Council ratify the property tax revenue increase reflected in the budget. Summary: There are two actions in this agenda item. First is the consideration of the 2020-2021 proposed budget. The City Council received the proposed budget on July 23, 2020, and held budget workshops on July 27th, July 28th and July 29th. The City Council held a public hearing on the proposed budget on August 13th. The charter requires that the City Council adopt a budget no later than September 27th. The City Council will need to include any proposed revisions to the budget in the motion to adopt the budget. The second action is ratification of the property tax revenue increase reflected in the budget. This action is required due to recently enacted legislation. House Bill 3195 amends the local government code to say the following: Page 103 of 152 "(c) Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26, Tax Code, or other law." The proposed budget will result in additional property tax revenues over last year of approximately $930,000. The proposed tax rate is $0.534618 per $100 assessed valuation, which is no increase over the FY20 tax rate. Budget & Financial Summary: The following is an overall summary of the proposed budget with workshop revisions. Subtotal Operation and Maintenance: $264,754,532 Subtotal Capital: 46,741,652 Total Proposed Budget: $311,496,184 Reviewed & Approved by Legal: No Attachments: 1.Appendix A1 - Attachment - IT Purchase list 2.Appendix A1 - FY21 Budget Adoption Ordinance Page 104 of 152 ORDINANCE NO. Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg.Projected ITEM Quantity Unit Cost Total Scheduled Replacement/Repair/Additions Replacement Computers 300 1,100 330,000 City Works Toughbooks 60 2,500 150,000 Replacement Monitors 150 120 18,000 Replacement Printers 20 950 19,000 Replacement Copiers 50,000 Replacement Scanners 13,000 Printer replacement Parts 3,000 PC Replacement Parts (Video Cards, Hard Drive & Memory) 5,000 Replacement Public Safety Mobile Data Terminals 440,000 Replace single server 3 10,000 30,000 Server replacement parts 10,000 Server OS replacement/upgrade 40,000 Video Surveillance Project Phase 3 and other camera additions 350,000 SQL Std 10 4,000 40,000 Replacement UPS battery/units 25,000 Estimated Additional Desktop Software 35,000 Includes but not limited to New & Upgrade versions of Adobe Acrobat, PageMaker, Photoshop Illustrator, Premier, Audition, Project, Visio, Vstudio.net, AutoCAD, Crystal, Corel Draw Computer Network Maint. and Equipment Replacement 40,000 Motorola Radio Repair/Replacement 37,000 Telephone Repair/Replacement 20,000 Fiber ring expansion 225,000 Subtotal - Scheduled Replacement 1,880,000 Service Level Adjustments Retain Replace SLA from for FY21 60,000 Subtotal - Service Level Adjustments 60,000 Unscheduled Replacements/Additions Estimated Additional Computer setups 75 1,100 82,500 not identified specifically in budget includes but not limited to: Monitor, network card, extended warranty, added memory Estimated Standard Desktop Software 20,000 not identified specifically in budget Includes but not limited to: Microsoft Office , Trend, Microsoft Windows client access license, Novell ZenWorks Estimated Additional Desktop Software 20,000 Includes but not limited to New & Upgrade versions of Page 105 of 152 ORDINANCE NO. Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg.Projected ITEM Quantity Unit Cost Total Adobe Acrobat, PageMaker, Photoshop Illustrator, Premier, Audition Project, Visio, Vstudio.net AutoCAD, Crystal Corel Draw, Cognos Estimated Additional Printers/Plotters 12,000 Estimated Computer misc. parts 10,000 includes: hard drives, network cards, network cards, network cables Estimated Monitor upgrades 5,000 includes: larger than standard Estimated Additional Scanners 20 800 16,000 Estimated Additional Laptops/ToughbooksAdditional Mobile Devices/ Toughbook, laptops, tablets 65 1,800 117,000 Estimated Network Upgrades 20,000 Estimated Motorola Radio Repair/Replacement 10,000 Sub-Total Unscheduled Replacement/Additions 312,500 Page 106 of 152 ORDINANCE NO. Potential Technology Purchases made through a variety of Cooperative Purchasing Interlocal agreements as provided by Chapter 271, Subchapters (D) and (F) of the Texas Local Government Code. Estimated Avg.Projected ITEM Quantity Unit Cost Total Phone System Maintenance Cisco_SmartNet Maintenance 68,000 Subtotal - Phone System Maintenance 68,000 Network Software on Master License Agreement (MLA) Microsoft Enterprise Agreement 100,000 Added Office365 and services 200,000 Solarwinds 15,000 Rubrik 86,300 CommVault 40,000 VMWARE support through VMWare 38 1,400 53,200 Vcenter Support 2 1,499 2,998 City Works Premium License 100,000 Faster Maintenance 18,000 Subtotal - Network Software on MLA 497,498 PC Hardware and Software Maintenance/Subscriptions HP Printer/Plotter Maintenance 1,500 AutoCAD 17,000 Adobe Creative Suite 15,000 Barracuda Spam/Spyware 33,000 Firewall Maintenance 95,000 Aruba Maintenance 7,000 Everbridge Paging Subscription 42,500 Siemens Access Control System 32,000 Fortigate Nac 8,200 Subtotal - PC Software Maintenance 251,200 IBM Hardware and Software Maintenance Hardware Maintenance (2 power 7's) 15,000 Power 7 Software Subscription and Support 2 9,000 18,000 Subtotal - IBM Hardware and Software Maintenance 33,000 Grand Total 3,102,198 Page 107 of 152 ORDINANCE NO. AN ORDINANCE ADOPTING A BUDGET FOR THE 2020-21 FISCAL YEAR AND AUTHORIZING EXPENDITURES AS THEREIN PROVIDED. WHEREAS, a proposed budget for the fiscal year October 1, 2020, to September 30, 2021, was prepared and presented to the City Council and a public hearing held thereon as prescribed by law and the Charter of the City of College Station, Texas, notice of said hearing having first been duly given; and WHEREAS, the City Council has reviewed and amended the proposed budget and changes as approved by the City Council have been identified and their effect included in the budget; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the proposed budget as amended by the City Council of the City of College Station, which is made a part hereof to the same extent as if set forth at length herein, is hereby adopted and approved, a copy of which is on file in the Office of the City Secretary in College Station, Texas. PART 2:That authorization is hereby granted for the expenditure of the same under the respective items contained in said budget with the approved fiscal and budgetary policy statements of the City. PART 3:That the City Manager is hereby authorized to assign the City’s fund balance, as the assigned fund balance includes amounts that are constrained by the City’s intent to be used for specific purposes, but are neither restricted, committed nor permanent and no formal action is required to remove an assignment; provided, however, that assignments may not result in a deficit to the Unassigned Fund Balance. PART 4:That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby authorized to approve and execute contracts and documents authorizing the payment of funds and to expend public funds for expenditures that are $100,000 or less; to approve and execute change orders authorizing the expenditure of funds pursuant to the TEXAS LOCAL GOVERNMENT CODE or as provided in the original contract document or in accordance with the applicable Finance administrative procedure. The intent of this section is to provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. PART 5:That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby, authorized to provide for transfers of any unexpended or unencumbered appropriation balance within each of the various departments in the General Fund and within any other fund of the City and to Page 108 of 152 authorize transfers of Contingent Appropriations within a fund up to an amount equal to expenditures that are $100,000 or less. PART 6:That the City Council hereby approves the funding and the purchases that are made pursuant to interlocal agreements as provided by CHAPTER 271, SUBCHAPTERS (D) AND (F) of the TEXAS LOCAL GOVERNMENT CODE in this budget and authorizes the City Manager and his authorized and designated employees, at his discretion, to approve and execute contracts and documents authorizing the payment of funds, and to expend public funds that have been expressly designated, approved, and appropriated in this budget for new and replacement equipment as set out in the 2020-21 Fiscal Year Fleet and Equipment Replacement Funds, and technology related hardware and software as set out in Attachment “A” to this Ordinance. PART 7:That the City Manager and his authorized and designated employees, at his discretion, be, and are hereby authorized to approve and execute all contracts and documents authorizing the payment of funds and to expend public funds for expenditures; to approve and execute all contracts and documents authorizing the payment of funds and to expend public funds for expenditures related to the Enterprise Resource Planning (ERP) System; to approve and execute change orders authorizing the expenditure of funds pursuant to the TEXAS LOCAL GOVERNMENT CODE or as provided in the original contract documents. Expenditures must be appropriated from available funds. The intent of this section is to provide the ability to conduct daily affairs of the City which involve numerous decisions of a routine nature. PART 8:That this ordinance shall become effective immediately after passage and approval. PASSED AND APPROVED THIS 27TH DAY OF AUGUST, 2020. APPROVED: Mayor ATTEST: City Secretary APPROVED: City Attorney Page 109 of 152 August 27, 2020 Item No. 4.2. Presentation, discussion, and possible action on approval of an ordinance adopting the City of College Station 2020-2021 ad valorem tax rate of $0.534618 per $100 assessed valuation, the debt service portion being $0.216443 per $100 assessed valuation and the operations and maintenance portion being $0.318175 per $100 assessed valuation Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on approval of an ordinance adopting the City of College Station 2020-2021 ad valorem tax rate of $0.534618 per $100 assessed valuation, the debt service portion being $0.216443 per $100 assessed valuation and the operations and maintenance portion being $0.318175 per $100 assessed valuation. Relationship to Strategic Goals: Good Governance Financial Sustainability Core Services & Infrastructure Neighborhood Integrity Diverse & Growing Economy Improving Mobility Sustainable City Recommendation(s): Staff recommends Council adopt the proposed tax rate of $0.534618 per $100 assessed valuation. Summary: On August 13th, the City Council discussed the tax rate of $0.534618 and voted to proceed with that tax rate. There is no increase from the current tax rate. The tax rate must be adopted as two separate components – one for Operations and Maintenance and one for Debt Service. $0.318175 O&M $0.216443 Debt Service $0.534618 Total Tax Rate This is the tax rate that was used to prepare the proposed budget. If the City Council adopts a tax rate lower than the proposed rate, the budget will have to be amended and reduced. Current Tax Rate: $0.534618 No New Revenue Tax Rate: $0.541991 Voter Approved Tax Rate: $0.569888 Page 110 of 152 Proposed Tax Rate: $0.534618 Budget & Financial Summary: The proposed tax rate of $0.534618 per $100 assessed valuation will generate approximately $49.2 million. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. Reviewed & Approved by Legal: No Attachments: 1.Appendix A2 - FY21 Tax Rate Ordinance Page 111 of 152 ORDINANCE NO. _____________________ AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEGE STATION, TEXAS, AND PROVIDING FOR THE GENERAL DEBT SERVICE FUND FOR THE YEAR 2020-21 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION I. That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of College Station, Texas, and to provide General Debt Service for the 2020-21 fiscal year upon all property, real, personal and mixed within the corporate limits of said city subject to taxation, a tax of fifty-three and forty-six hundredths and eighteen thousand cents ($0.534618) on each one hundred dollar ($100.00) valuation of property, and said tax being so levied and apportioned to the specific purpose herein set forth: 1.For the maintenance and support of the general government (General Fund), thirty-one and eighty-one hundred and seventy-four thousand cents ($.318174) on each one hundred dollar ($100.00) valuation of property; and 2.For the general obligation debt service (Debt Service Fund), twenty- one and sixty-four hundred and forty-four thousand cents ($.216444) on each one hundred dollars ($100.00) valuation of property to be used for principal and interest payments on bonds and other obligations of the fund. SECTION II. All moneys collected under this ordinance for the specific items therein named, shall be and the same are hereby appropriated and set apart for the specific purpose indicated in each item and the Assessor and Collector of Taxes and the Chief Financial Officer shall keep these accounts so as to readily and distinctly show the amount collected, the amounts expended and the amount on hand at any time, belonging to such funds. It is hereby made the duty of the Tax Assessor and Collector to deliver a statement at the time of depositing any money, showing from what source such taxes were received and to what account (General Fund or General Debt Service Fund) the funds were deposited. SECTION III. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION IV. That this ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED THIS 27TH DAY OF AUGUST, 2020. APPROVED: Page 112 of 152 ___________________________________ Mayor ATTEST: __________________________________________ City Secretary APPROVED: City Attorney Page 113 of 152 August 27, 2020 Item No. 4.3. Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from T Townhouse to PDD Planned Development District on approximately 4 acres located at 3914 Alamosa Street, generally located west of Harvey Road and South of Summit Crossing Lane. Sponsor:Jesse Dimeolo Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from T Townhouse to PDD Planned Development District on approximately 4 acres located at 3914 Alamosa Street, generally located west of Harvey Road and South of Summit Crossing Lane. Relationship to Strategic Goals: • Diverse & Growing Economy Recommendation(s): The Planning & Zoning Commission heard this item at their August 6, 2020, Regular meeting where they voted 6-0 to recommend approval. Staff recommends approval of the rezoning. Summary: The applicant has proposed a PDD Planned Development District with a base zoning of GS General Suburban for approximately 4 acres located in the Summit Crossing Subdivision. The rezoning from T Townhouse to PDD is intended to address changes in the market and provide small- lot single-family homes intended as starter homes for families. REZONING REVIEW CRITERIA 1.Whether the proposal is consistent with the Comprehensive Plan: The Comprehensive Plan Future Land Use and Character Map designates the subject property as Urban. The Comprehensive Plan generally describes urban land uses as areas with a very intense level of development activities that tend to consist of townhomes, duplexes, and high-density apartments. The applicant is proposing a base zoning of GS General Suburban with modifications to setbacks and lots widths to remain consistent with the dense residential land uses identified in the urban designation of the Comprehensive Plan. 2.Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: Page 114 of 152 The subject property is adjacent to PDD Planned Development District zoning to the southwest that allows townhomes and duplexes, R Rural to the west, parkland and open space to the east that was dedicated to the City as Summit Crossing Park, and T Townhouse to the north. Much of the surrounding property is previous phases of the Summit Crossing Subdivision that consists of townhomes and duplexes. The proposed PDD zoning, allowing for small-lot, single-family detached homes, is compatible with the neighboring residential uses. 3.Whether the property to be rezoned is physically suitable for the proposed zoning district: The applicant is proposing to rezone approximately 4 acres that are primarily located on Alamosa Street and Buena Vista. These areas are part of the larger Summit Crossing development and are suitable for development, fitting into the surrounding neighborhood and having access to Harvey Road. 4.Whether there is available water, sanitary sewer, storm water, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: Water and sanitary sewer service are provided by the City of College Station. Water, sanitary sewer, drainage and transportation infrastructure were constructed with the previous phases of Summit Crossing. No new utility lines will be needed with this development. Due to the change from the more dense T Townhouse zoning to a GS General Suburban base zoning, there will be a decrease in anticipated water and sewer demands from the development than were previously accounted for and acceptable. Likewise, the anticipated traffic demand is a decrease from the originally proposed T Townhouse zoning. 5.The marketability of the property: The property can be marketed under the current zoning of T Townhouse which allows for denser single-family attached residences. The applicant is requesting the PDD to allow for small-lot detached single-family homes with the intent of marketing these as affordable starter homes for families. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity Map, Aerial and Small Area Map 4.Rezoning Exhibit 5.PDD Concept Plan Page 115 of 152 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE AMENDING APPENDIX A “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 4 “ZONING DISTRICTS,” SECTION 4.2, “OFFICIAL ZONING MAP” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES FROM T TOWNHOUSE TO PDD PLANNED DEVELOPMENT DISTRICT ON APPROXIMATELY 4 ACRES OF LAND LOCATED AT 3914 ALAMOSA STREET AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2 “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A”, and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 116 of 152 ORDINANCE NO. ____________Page 2 of 12 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this ______ day of ______________________, 20__. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 117 of 152 ORDINANCE NO. ____________Page 3 of 12 Ordinance Form 08-27-19 Exhibit A That Appendix A “Unified Development Ordinance,” Article 4 “Zoning Districts,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following property is rezoned from T Townhouse to PDD Planned Development District: Page 118 of 152 ORDINANCE NO. ____________Page 4 of 12 Ordinance Form 08-27-19 Page 119 of 152 ORDINANCE NO. ____________Page 5 of 12 Ordinance Form 08-27-19 Page 120 of 152 ORDINANCE NO. ____________Page 6 of 12 Ordinance Form 08-27-19 Page 121 of 152 ORDINANCE NO. ____________Page 7 of 12 Ordinance Form 08-27-19 Page 122 of 152 ORDINANCE NO. ____________Page 8 of 12 Ordinance Form 08-27-19 Page 123 of 152 ORDINANCE NO. ____________Page 9 of 12 Ordinance Form 08-27-19 Page 124 of 152 ORDINANCE NO. ____________Page 10 of 12 Ordinance Form 08-27-19 Page 125 of 152 ORDINANCE NO. ____________Page 11 of 12 Ordinance Form 08-27-19 Page 126 of 152 ORDINANCE NO. ____________Page 12 of 12 Ordinance Form 08-27-19 Exhibit B Page 127 of 152 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 6, 2020 Advertised Council Hearing Date: August 27, 2020 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: Summit Crossing HOA Property owner notices mailed: 39 Contacts in support: None at the time of this report Contacts in opposition: None at the time of this report Inquiry contacts: Seven at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Urban T Townhouse Undeveloped South Urban PDD Planned Development District Townhomes East Urban T Townhouse and MF Multi Family Undeveloped West Urban R Rural Undeveloped DEVELOPMENT HISTORY Annexation: 1980 Zoning: A-O Agricultural Open upon annexation Rezoned from A-O to PDD Planned Development District (2003) Rezoned from PDD to T Townhouse (2016) Final Plat: FP2016-000043 (Phase 3B, Block 3) FP2016-000044 (Phase 3C, Blocks 4-6) Site development: Summit Crossing Phase 3B, Block 3 is undeveloped Summit Crossing Phase 3B, Blocks 1, 2, and 4 have townhomes under construction Summit Crossing Phase 3C, Blocks 4-6 are undeveloped Page 128 of 152 Page 129 of 152 Page 130 of 152 Page 131 of 152 Page 132 of 152 Page 133 of 152 August 27, 2020 Item No. 4.4. 2022 Texas Recreation and Park Society Institute and Expo Bid Resolution Sponsor:Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a resolution to support a bid for the 2022 Texas Recreation and Park Society Annual Institute and Expo. Relationship to Strategic Goals: Good Governance Diverse & Growing Economy Recommendation(s): Staff recommends Council approve the resolution. Summary: The Texas Recreation and Park Society (TRAPS) is a nonprofit educational and professional organization founded in 1937 to advance the profession of parks, recreation, and leisure services in Texas. The Annual Institute hosts hundreds of attendees, presenters, vendors, and volunteers each year with 80+ educational events, an exhibit hall with vendors from across the nation, and opportunities for Parks and Recreation professionals to network. One part of the bid proposal is a Resolution of Commitment from the College Station City Council. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.TRAPS Resolution Page 134 of 152 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DEDICATING RESOURCES TO SUPPORT THE BID FOR THE 2022 TEXAS RECREATION AND PARK SOCIETY INSTITUTE AND EXPO WHEREAS, Experience Bryan College Station with the City of College Station Parks and Recreation Department is authorized to submit a bid to host the 2022 Texas Recreation and Parks Society (TRAPS) Annual Institute and EXPO; and WHEREAS, the City of College Station and PARD acknowledge the criteria and requirements specified in the site selection criteria for bid to host the Annual TRAPS Institute; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That the facts and recitations set forth in this Resolution are declared true and correct. PART 2:That the City Council hereby endorses the bid submission and is committed to providing the necessary resources to perform all functions consistent with the bid to host the 2022 Texas Recreation and Park Society Annual Institute and EXPO. PART 3:That this Resolution shall take effect immediately from and after its passage. ADOPTED this _______ day of ________________________, 20__. ATTEST:APPROVED: _______________________________________________________________City Secretary MAYOR APPROVED: _______________________________City Attorney Page 135 of 152 August 27, 2020 Item No. 4.5. Construction Contract #20300576 Veterans Park Phase 1B Sponsor:Kelly Kelbly, Assistant Director of Parks and Recreation Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of a contract with JaCody Construction, LP, in the amount of $1,934,233.26 for park improvements at Veterans Park & Athletic Complex. Relationship to Strategic Goals: Core Services and Infrastructure Diverse & Growing Economy Recommendation(s): Staff recommends approval and award of the construction contract with JaCody Construction for improvements at Veterans Park in the amount of $1,934,233.26 and one hundred fifty (150) construction days. Summary: The Veterans Park & Athletic Complex Phase 1B project consists of significant improvements and additions to the amenities and playability of the park. Improved drainage will be one improvement accomplished through this project. Proper and effective drainage has been an ongoing issue in the park. Continual standing water between fields 1-6, the parking lot in front of the first six fields, and the Harvey Rd. entrance will be resolved. A consideration for this approval is increased playability of these fields for our citizens and guests. The failing asphalt roundabouts throughout the park will be improved. The existing roundabouts will be removed, sub graded and curb improved, then poured back with concrete due to the high volume of traffic and sustainability. One of the additions to the park is a second restroom on the Harvey Road side of the park. The location of the new restroom will be located just east of field 5, also known as Merchant Marine field. In addition to the restroom, connector sidewalks will be installed between Fields 1&2, 3&4, and 5&6. This will allow ADA access from the parking lot to the new restroom and between fields. Currently, there are no improved access points between fields. Two new playgrounds, with shade covers and lighting, will be added to the park. The first playground will be located in front of fields 1-6, just west of the existing restrooms. The second playground will be located in front of field 10, also known as Airman. To round out the list of improvements and additions, a connector sidewalk leading from the parking lot in front of the overflow parking lot to the American Pavilion will be installed. This sidewalk will also connect the current softball parking lot. Page 136 of 152 Budget & Financial Summary: On June 18, 2020, five (5) competitive proposals were received and evaluated by Purchasing and Parks staff. Funds for this project are budgeted through Parkland Dedication Funds Neighborhood Zone 4 & Community Zone C&D, Field Redevelopment Funds, and CIP Funds. Parkland Dedication, Field Redevelopment and System Wide Park Improvement funds can only be used to improve parks and, therefore, will be spent before CIP funds. Reviewed & Approved by Legal: No Attachments: 1.20-050 Tabulation Page 137 of 152 Item No.OP NO.QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 100.01 227 LF 2-in SDR 9 POLY Water 7.70$ 1,747.90$ 75.00$ 17,025.00$ 65.66$ 14,904.82$ 19.47$ 4,419.69$ 25.00$ 5,675.00$ 2 100.02 1 EA 2-in Water Meter 2,065.00$ 2,065.00$ 7,500.00$ 7,500.00$ 3,392.53$ 3,392.53$ 944.00$ 944.00$ 2,500.00$ 2,500.00$ 3 100.03 1 EA Connect to Exist. 12-in Water (w/ Full Bodied Stainless Steel Tapping Saddle- 2" x 12")3,213.00$ 3,213.00$ 7,500.00$ 7,500.00$ 930.21$ 930.21$ 1,026.60$ 1,026.60$ 3,300.00$ 3,300.00$ 4 100.04 1 EA Water Service Tap 3,327.00$ 3,327.00$ 5,000.00$ 5,000.00$ 601.90$ 601.90$ 2,371.80$ 2,371.80$ 850.00$ 850.00$ 5 100.05 0.15 TON Ductile Iron Fittings 2,730.00$ 409.50$ 4,500.00$ 675.00$ 3,830.27$ 574.54$ 5,900.00$ 885.00$ 1,200.00$ 180.00$ 6 100.06 628 LF 6-in PVC SDR-26 ASTM D 3034 (By Trench)32.13$ 20,177.64$ 75.00$ 47,100.00$ 70.04$ 43,985.12$ 41.30$ 25,936.40$ 36.00$ 22,608.00$ 7 100.07 3 EA 4-ft Dia. Manhole Sewer 3,546.00$ 10,638.00$ 5,000.00$ 15,000.00$ 3,283.04$ 9,849.12$ 3,457.40$ 10,372.20$ 3,100.00$ 9,300.00$ 8 100.08 1 EA Wastewater Service Connection 1,721.00$ 1,721.00$ 7,500.00$ 7,500.00$ 766.05$ 766.05$ 584.10$ 584.10$ 850.00$ 850.00$ 9 100.09 1 EA Connection to Existing Manhole 2,525.00$ 2,525.00$ 5,000.00$ 5,000.00$ 1,094.36$ 1,094.36$ 501.50$ 501.50$ 840.00$ 840.00$ 10 100.10 1 EA 6-in PVC WW Cleanout 975.00$ 975.00$ 3,500.00$ 3,500.00$ 601.90$ 601.90$ 548.70$ 548.70$ 650.00$ 650.00$ 11 100.11 628 EA Trench Protection 3.44$ 2,160.32$ 5.00$ 3,140.00$ 2.46$ 1,544.88$ 4.72$ 2,964.16$ 0.75$ 471.00$ 12 100.12 266 CY Excavation 19.00$ 5,054.00$ 8.00$ 2,128.00$ 25.17$ 6,695.22$ 17.70$ 4,708.20$ 35.00$ 9,310.00$ 13 100.13 2 EA Remove Area Inlet 550.00$ 1,100.00$ 3,500.00$ 7,000.00$ 984.93$ 1,969.86$ 885.00$ 1,770.00$ 270.00$ 540.00$ 14 100.14 25 LF Fill Existing Pipe 57.00$ 1,425.00$ 50.00$ 1,250.00$ 98.49$ 2,462.25$ 23.60$ 590.00$ 43.00$ 1,075.00$ 15 100.15 794 SY Removing Asphalt Pavement and Base (2")3.16$ 2,509.04$ 24.75$ 19,651.50$ 15.77$ 12,521.38$ 7.97$ 6,328.18$ 7.00$ 5,558.00$ 16 100.16 518 LF Remove Concrete Curb & Gutter 3.44$ 1,781.92$ 7.70$ 3,988.60$ 13.83$ 7,163.94$ 5.90$ 3,056.20$ 8.00$ 4,144.00$ 17 100.17 21 TON Asphalt: TY D HMA- 1.5-in 477.24$ 10,022.04$ 115.00$ 2,415.00$ 1,034.17$ 21,717.57$ 236.00$ 4,956.00$ 300.00$ 6,300.00$ 18 100.18 144 GAL Prime Coat 15.82$ 2,278.08$ 8.00$ 1,152.00$ 32.98$ 4,749.12$ 5.90$ 849.60$ 7.00$ 1,008.00$ 19 100.19 945 SY Base: 6-in Flexible Crushed Rock 12.91$ 12,199.95$ 15.00$ 14,175.00$ 23.05$ 21,782.25$ 10.92$ 10,319.40$ 19.00$ 17,955.00$ 20 100.20 945 SY Subgrade: 8-in Lime Treated Subgrade 6.02$ 5,688.90$ 6.00$ 5,670.00$ 18.58$ 17,558.10$ 12.98$ 12,266.10$ 16.00$ 15,120.00$ 21 100.21 18 TON Chemically Stabilized Subgrade (Lime @ 6%)183.59$ 3,304.62$ 225.00$ 4,050.00$ 230.12$ 4,142.16$ 202.96$ 3,653.28$ 210.00$ 3,780.00$ 22 100.22 194 LF Concrete Spill Curb 16.06$ 3,115.64$ 15.40$ 2,987.60$ 33.31$ 6,462.14$ 24.05$ 4,665.70$ 37.00$ 7,178.00$ 23 100.23 258 LF Concrete Curb and Gutter 16.06$ 4,143.48$ 15.40$ 3,973.20$ 33.31$ 8,593.98$ 24.04$ 6,202.32$ 37.00$ 9,546.00$ 24 100.24 1 LF Refl Pav Mrk Typ I & II (W) (Sld) (8")3.10$ 3.10$ 2.97$ 2.97$ 6.57$ 6.57$ 3.19$ 3.19$ 11.00$ 11.00$ 25 100.25 1,943 SY Removing Asphalt Pavement and Base (2")3.16$ 6,139.88$ 24.75$ 48,089.25$ 13.84$ 26,891.12$ 7.97$ 15,485.71$ 7.00$ 13,601.00$ 26 100.26 445 CY Excavation 27.56$ 12,264.20$ 8.00$ 3,560.00$ 24.02$ 10,688.90$ 17.70$ 7,876.50$ 35.00$ 15,575.00$ 27 27 1,178 LF Remove Concrete Curb & Gutter 3.44$ 4,052.32$ 7.70$ 9,070.60$ 9.91$ 11,673.98$ 5.90$ 6,950.20$ 8.00$ 9,424.00$ 28 27.01 21 LF Concrete Curb Baffles 114.75$ 2,409.75$ 110.00$ 2,310.00$ 7.09$ 148.89$ 41.12$ 863.52$ 32.00$ 672.00$ 29 27.02 3,605 SY Subgrade: 8-in Lime Treated Subgrade 6.02$ 21,702.10$ 6.00$ 21,630.00$ 7.17$ 25,847.85$ 5.90$ 21,269.50$ 70.00$ 252,350.00$ 30 27.03 66 TON Chemically Stabilized Subgrade (Lime @ 6%)183.59$ 12,116.94$ 225.00$ 14,850.00$ 221.64$ 14,628.24$ 193.52$ 12,772.32$ 290.00$ 19,140.00$ 31 27.04 3,280 SY Concrete: 6-in Drive with Monolithic Curb 59.38$ 194,766.40$ 56.93$ 186,730.40$ 56.28$ 184,598.40$ 54.66$ 179,284.80$ 51.00$ 167,280.00$ 32 27.05 4 CY Concrete Riprap (6-in)401.61$ 1,606.44$ 500.00$ 2,000.00$ 2,102.27$ 8,409.08$ 848.06$ 3,392.24$ 400.00$ 1,600.00$ 33 27.06 4 EA Refl Pav Mrk Typ I & II (W) (Arrow)315.55$ 1,262.20$ 302.50$ 1,210.00$ 169.63$ 678.52$ 324.50$ 1,298.00$ 370.00$ 1,480.00$ 34 27.07 4 EA Refl Pav Mrk Typ I & II (W) (Word)372.93$ 1,491.72$ 357.50$ 1,430.00$ 202.46$ 809.84$ 383.50$ 1,534.00$ 43.00$ 172.00$ 35 27.08 600 LF Refl Pav Mrk Typ I & II (Y) (Sld) (4")1.55$ 930.00$ 1.49$ 894.00$ 1.04$ 624.00$ 1.60$ 960.00$ 5.50$ 3,300.00$ 36 27.09 226 LF Refl Pav Mrk Typ I & II (W) (Sld) (8")3.10$ 700.60$ 2.97$ 671.22$ 1.97$ 445.22$ 3.19$ 720.94$ 11.00$ 2,486.00$ 37 27.10 40 LF Refl Pav Mrk Typ I & II (Y) (Sld) (8")3.04$ 121.60$ 2.97$ 118.80$ 2.02$ 80.80$ 3.19$ 127.60$ 11.00$ 440.00$ 38 27.11 33 LF Refl Pav Mrk Typ I & II (W) (Sld) (24")10.90$ 359.70$ 10.45$ 344.85$ 6.02$ 198.66$ 11.21$ 369.93$ 12.00$ 396.00$ 39 27.12 123 SY Remove Stamped Concrete Pavement 20.65$ 2,539.95$ 29.70$ 3,653.10$ 21.48$ 2,642.04$ 23.60$ 2,902.80$ 12.00$ 1,476.00$ 40 27.13 398 LF Remove Median CMU wall 8.65$ 3,442.70$ 9.90$ 3,940.20$ 50.49$ 20,095.02$ 5.90$ 2,348.20$ 390.00$ 155,220.00$ 41 27.14 28 SY Remove Concrete Riprap 20.65$ 578.20$ 50.00$ 1,400.00$ 36.93$ 1,034.04$ 23.60$ 660.80$ 12.00$ 336.00$ 41.1 27.15 124 SY Intergral Colored Stamped Concrete: 5-in thick at back of curb 72.29$ 8,963.96$ 69.30$ 8,593.20$ 320.51$ 39,743.24$ 112.33$ 13,928.92$ 60.00$ 7,440.00$ Larry Young Paving, Inc. Water Line C GENERAL SITE CIVIL Wastewater Line B Parking Lot Driveway Reconstruction (Field #1-6) Southeast Driveway Reconstruction (Harvey Road) Dudley Construction LTD. G Hyatt Construction JaCody Construction, LPGreen Texas Builders Page 138 of 152 Item No.OP NO.QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Larry Young Paving, Inc.Dudley Construction LTD. G Hyatt Construction JaCody Construction, LPGreen Texas Builders 41.2 27.16 398 LF CMU Wall with Smooth Cut Cap 48.68$ 19,374.64$ 60.00$ 23,880.00$ 46.43$ 18,479.14$ 50.07$ 19,927.86$ 89.00$ 35,422.00$ 42 27.15 4,104 SY Removing Asphalt Pavement and Base (2")3.16$ 12,968.64$ 24.75$ 101,574.00$ 15.23$ 62,503.92$ 7.97$ 32,708.88$ 7.00$ 28,728.00$ 43 27.16 2,691 LF Remove Concrete Curb & Gutter 3.44$ 9,257.04$ 7.70$ 20,720.70$ 9.85$ 26,506.35$ 5.90$ 15,876.90$ 8.00$ 21,528.00$ 44 27.17 186 SY Remove Stamped Concrete Pavement 13.66$ 2,540.76$ 29.70$ 5,524.20$ 21.87$ 4,067.82$ 23.60$ 4,389.60$ 12.00$ 2,232.00$ 45 27.18 5,806 SY Subgrade: 8-in Lime Treated Subgrade 6.02$ 34,952.12$ 6.00$ 34,836.00$ 6.16$ 35,764.96$ 5.90$ 34,255.40$ 7.00$ 40,642.00$ 46 27.19 107 TON Chemically Stabilized Subgrade (Lime @ 6%)183.59$ 19,644.13$ 225.00$ 24,075.00$ 221.64$ 23,715.48$ 193.52$ 20,706.64$ 190.00$ 20,330.00$ 47 27.20 5,241 SY Concrete: 6-in Drive with Monolithic Curb 59.38$ 311,210.58$ 56.90$ 298,212.90$ 59.03$ 309,376.23$ 54.39$ 285,057.99$ 51.00$ 267,291.00$ 48 27.21 23 LF Concrete Curb Baffles 114.75$ 2,639.25$ 110.00$ 2,530.00$ 7.05$ 162.15$ 41.03$ 943.69$ 32.00$ 736.00$ 49 27.22 69 EA Refl Pav Mrk Typ I & II (W) (Yield Tri) (18")8.61$ 594.09$ 8.25$ 569.25$ 43.77$ 3,020.13$ 8.85$ 610.65$ 50.00$ 3,450.00$ 50 27.23 131 LF Refl Pav Mrk Typ I & II (Y) (Sld) (4")1.55$ 203.05$ 1.49$ 195.19$ 1.04$ 136.24$ 1.60$ 209.60$ 5.50$ 720.50$ 51 27.24 258 LF Refl Pav Mrk Typ I & II (W) (Dot) (4")1.55$ 399.90$ 1.49$ 384.42$ 1.09$ 281.22$ 1.60$ 412.80$ 5.50$ 1,419.00$ 52 27.25 80 LF Refl Pav Mrk Typ I & II (W) (Sld) (24")10.90$ 872.00$ 10.45$ 836.00$ 6.02$ 481.60$ 11.21$ 896.80$ 12.00$ 960.00$ 53 27.26 1,368 CY Excavation 18.93$ 25,896.24$ 8.00$ 10,944.00$ 23.92$ 32,722.56$ 17.70$ 24,213.60$ 22.00$ 30,096.00$ 54 27.27 10 EA Sign and Pole Assembly 558.88$ 5,588.80$ 535.77$ 5,357.70$ 875.49$ 8,754.90$ 574.74$ 5,747.40$ 740.00$ 7,400.00$ 54.1 27.28 170 SY Intergral Colored Stamped Concrete: 5-in thick at median triangles 72.29$ 12,289.30$ 69.30$ 11,781.00$ 320.21$ 54,435.70$ 113.65$ 19,320.50$ 60.00$ 10,200.00$ 55 27.28 4 MO Barricades, Signs and Traffic Handling 1,864.63$ 7,458.52$ 5,000.00$ 20,000.00$ 7,059.00$ 28,236.00$ 1,742.97$ 6,971.88$ 4,000.00$ 16,000.00$ 56 27.29 1,868 LF Temporary Sediment Control Fence (Install)1.43$ 2,671.24$ 1.21$ 2,260.28$ 5.47$ 10,217.96$ 1.30$ 2,428.40$ 2.00$ 3,736.00$ 57 27.30 1,868 LF Temporary Sediment Control Fence (Remove)0.69$ 1,288.92$ 0.61$ 1,139.48$ 2.19$ 4,090.92$ 0.65$ 1,214.20$ 0.75$ 1,401.00$ 58 27.31 100 SY Stabilized Construction Entrance (TY-1) (Install)20.65$ 2,065.00$ 19.80$ 1,980.00$ 27.36$ 2,736.00$ 23.60$ 2,360.00$ 23.00$ 2,300.00$ 59 27.32 100 SY Stabilized Construction Entrance (Remove)10.33$ 1,033.00$ 9.90$ 990.00$ 10.94$ 1,094.00$ 11.80$ 1,180.00$ 10.00$ 1,000.00$ 60 27.33 1 EA Concrete Washout 2,868.66$ 2,868.66$ 2,500.00$ 2,500.00$ 2,736.00$ 2,736.00$ 1,770.00$ 1,770.00$ 3,600.00$ 3,600.00$ 61 27.34 1,921 CY Furnishing and Placing Topsoil 22.95$ 44,086.95$ 12.00$ 23,052.00$ 54.72$ 105,117.12$ 37.76$ 72,536.96$ 42.00$ 80,682.00$ 62 27.35 1,921 SY Hydromulch - revegetation (Tiftuf Bermuda)0.48$ 922.08$ 0.59$ 1,133.39$ 1.64$ 3,150.44$ 1.04$ 1,997.84$ 0.75$ 1,440.75$ 63 27.36 93 LF Inlet Protection 7.46$ 693.78$ 7.15$ 664.95$ 10.94$ 1,017.42$ 2.25$ 209.25$ 17.00$ 1,581.00$ 64 200.01 70 SF Walkways (5" conc.)6.60$ 462.00$ 6.33$ 443.10$ 6.54$ 457.80$ 17.01$ 1,190.70$ 9.00$ 630.00$ 65 200.02 1 EA Fabric Shade at Playground: USA Shade structure, Super Span Hip, 35 ft w x 50 ft x 12 ft. entry 39,326.98$ 39,326.98$ 37,700.30$ 37,700.30$ 40,755.00$ 40,755.00$ 40,442.14$ 40,442.14$ 48,000.00$ 48,000.00$ 66 200.03 1 LS Playground Equipment: GameTime Custom Mini-Jeepster & Excelsior unit (includes installation of equipment) 39,647.78$ 39,647.78$ 36,077.80$ 36,077.80$ 60,105.00$ 60,105.00$ 40,772.05$ 40,772.05$ 46,000.00$ 46,000.00$ 67 200.04 1,750 SF Playscape Surfacing: Recycled Bonded Shredded Rubber on 4" reinf. Conc. Subgrade 18.21$ 31,867.50$ 19.00$ 33,250.00$ 33.21$ 58,117.50$ 18.48$ 32,340.00$ 26.00$ 45,500.00$ 68 200.05 80 LF Playscape Curb: Concrete 16.06$ 1,284.80$ 15.40$ 1,232.00$ 54.30$ 4,344.00$ 19.39$ 1,551.20$ 32.00$ 2,560.00$ 69 200.06 90 LF Seatwall at Playground (Masonry 18" wide x 18" ht.)125.04$ 11,253.60$ 110.00$ 9,900.00$ 197.48$ 17,773.20$ 129.73$ 11,675.70$ 160.00$ 14,400.00$ 70 200.07 420 SY Hydromulch - revegetation (Tiftuf Bermuda)0.52$ 218.40$ 0.59$ 247.80$ 2.18$ 915.60$ 1.89$ 793.80$ 0.75$ 315.00$ 71 200.08 135 SY Sod - revegetation (Bermuda '419 hybrid')3.82$ 515.70$ 3.66$ 494.10$ 6.50$ 877.50$ 8.19$ 1,105.65$ 3.50$ 472.50$ 72 200.09 1 LS Shade Structure Canopy Lighting Allowance (includes equipment/tie-in to adjacent restroom service, conduit, wire, light fixtures (4)6,371.86$ 6,371.86$ 7,416.20$ 7,416.20$ 6,227.00$ 6,227.00$ 6,552.54$ 6,552.54$ 7,900.00$ 7,900.00$ 73 200.10 1 EA Demo Tree and Planting Bed (adjacent to field #7 and parking lot)4,589.85$ 4,589.85$ 7,500.00$ 7,500.00$ 1,039.65$ 1,039.65$ 590.00$ 590.00$ 1,500.00$ 1,500.00$ 74 200.11 155 SF Sawcut Demo and Remove Existing Concrete Off-Site 3.44$ 533.20$ 3.30$ 511.50$ 15.44$ 2,393.20$ 2.36$ 365.80$ 1.50$ 232.50$ 75 200.12 90 LF Seatwall at Walkway (adjacent to field #7 and parking lot) (Masonry 18" wide x varies ht.)109.14$ 9,822.60$ 110.00$ 9,900.00$ 175.03$ 15,752.70$ 129.78$ 11,680.20$ 160.00$ 14,400.00$ 76 200.13 1 EA Fabric Shade at Playground: USA Shade structure, 4 Post Hip, 30 ft w x 30 ft x10 ft. entry 22,237.82$ 22,237.82$ 21,318.00$ 21,318.00$ 24,077.00$ 24,077.00$ 22,868.40$ 22,868.40$ 27,000.00$ 27,000.00$ 77 200.14 770 SF Recycled Bonded Shredded Rubber on 4" reinf. Conc. Subgrade 29.14$ 22,437.80$ 9.90$ 7,623.00$ 50.25$ 38,692.50$ 31.02$ 23,885.40$ 46.00$ 35,420.00$ 78 200.15 1 LS Drainage Improvement Allowance: unclassified fill and grading (approx. 5,000 sy.)28,686.56$ 28,686.56$ 30,000.00$ 30,000.00$ 21,887.28$ 21,887.28$ 11,800.00$ 11,800.00$ 1,500.00$ 1,500.00$ 79 200.16 5,535 SF Walkways (5" conc.)6.60$ 36,531.00$ 6.33$ 35,036.55$ 6.54$ 36,198.90$ 7.66$ 42,398.10$ 5.00$ 27,675.00$ $1,364,032.25 Roundabouts Reconstruction General Site Work General Site Civil 100 GENERAL SITE AMENITIES Field #9, 10 & 11 (Playground 1) Field #7 (Spectator Area/Amenities) Field #1-6 (Spectator Area/Amenities) 898,552.48$ 1,282,112.07$ 1,093,019.95$ 938,615.14$ Page 139 of 152 Item No.OP NO.QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Larry Young Paving, Inc.Dudley Construction LTD. G Hyatt Construction JaCody Construction, LPGreen Texas Builders 80 200.17 1,340 SY Concrete Channel Flume (Field #1-6)72.29$ 96,868.60$ 69.30$ 92,862.00$ 91.76$ 122,958.40$ 96.58$ 129,417.20$ 60.00$ 80,400.00$ 81 200.18 1 EA Underdrain with Corrugated Steel Pan (at walk near restroom)2,065.43$ 2,065.43$ 2,365.00$ 2,365.00$ 5,865.00$ 5,865.00$ 3,543.90$ 3,543.90$ 5,500.00$ 5,500.00$ 82 200.19 1 LS Restroom Type A w/ Electric Room: approx. 1,040 sf. 273,873.40$ 273,873.40$ 285,000.00$ 285,000.00$ 446,281.00$ 446,281.00$ 284,451.62$ 284,451.62$ 364,000.00$ 364,000.00$ 83 200.20 1 LS Secondary Site Electric Service for Restroom (includes service, equip. and misc. appurtenances)15,826.95$ 15,826.95$ 30,635.00$ 30,635.00$ 17,948.00$ 17,948.00$ 16,275.74$ 16,275.74$ 23,000.00$ 23,000.00$ 84 200.21 5,010 SY Hydromulch - spectator area/revegetation (Tiftuf Bermuda, includes repair to field 3)3.26$ 16,332.60$ 0.59$ 2,955.90$ 1.51$ 7,565.10$ 1.89$ 9,468.90$ 0.75$ 3,757.50$ 85 200.22 15,865 SY Sod - spectator area/revegetation (Bermuda '419 hybrid')3.44$ 54,575.60$ 3.30$ 52,354.50$ 7.92$ 125,650.80$ 4.19$ 66,474.35$ 3.50$ 55,527.50$ 86 200.23 60 SF Walkways (5" conc.)6.60$ 396.00$ 63.53$ 3,811.80$ 7.64$ 458.40$ 10.92$ 655.20$ 5.00$ 300.00$ 87 200.24 1 EA Fabric Shade at Playground: USA Shade structure, Super Span Hip, 35 ft w x 50 ft x 12 ft. entry 39,326.98$ 39,326.98$ 37,700.30$ 37,700.30$ 40,754.12$ 40,754.12$ 40,442.14$ 40,442.14$ 48,000.00$ 48,000.00$ 88 200.25 1 LS Playground Equipment: GameTime Custom Mini-Jeepster & Excelsior unit (includes installation of equipment) 39,647.78$ 39,647.78$ 36,077.00$ 36,077.00$ 60,104.66$ 60,104.66$ 40,772.05$ 40,772.05$ 46,000.00$ 46,000.00$ 89 200.26 1,750 SF Playscape Surfacing: Recycled Bonded Shredded Rubber on 4" reinf. Conc. Subgrade 18.21$ 31,867.50$ 19.00$ 33,250.00$ 30.20$ 52,850.00$ 18.48$ 32,340.00$ 26.00$ 45,500.00$ 90 200.27 80 LF Playscape Curb: Concrete 16.06$ 1,284.80$ 15.40$ 1,232.00$ 54.30$ 4,344.00$ 19.39$ 1,551.20$ 32.00$ 2,560.00$ 91 200.28 90 LF Seatwall at Playground (Masonry 18" wide x 18" ht.)125.07$ 11,256.30$ 125.00$ 11,250.00$ 173.02$ 15,571.80$ 129.73$ 11,675.70$ 160.00$ 14,400.00$ 92 200.29 250 SY Hydromulch - revegetation (Tiftuf Bermuda)0.52$ 130.00$ 0.59$ 147.50$ 2.18$ 545.00$ 1.20$ 300.00$ 0.75$ 187.50$ 93 200.30 90 SY Sod - revegetation (Bermuda '419 hybrid')3.82$ 343.80$ 3.66$ 329.40$ 7.88$ 709.20$ 7.11$ 639.90$ 3.50$ 315.00$ 94 200.31 1 LS Shade Structure Canopy Lighting Allowance (includes equipment/tie-in to adjacent restroom service, conduit, wire, light fixtures (4)6,371.86$ 6,371.86$ 7,296.30$ 7,296.30$ 6,227.00$ 6,227.00$ 6,552.54$ 6,552.54$ 7,900.00$ 7,900.00$ 95 200.32 1 LS Drainage Improvement Allowance: unclassified fill and grading (approx. 500 sy.)2,868.66$ 2,868.66$ 3,000.00$ 3,000.00$ 4,924.64$ 4,924.64$ 1,180.00$ 1,180.00$ 15,000.00$ 15,000.00$ 96 200.33 6,950 SF Walkway (5" conc.,from existing parking to large group pavilion)6.60$ 45,870.00$ 6.33$ 43,993.50$ 6.54$ 45,453.00$ 7.65$ 53,167.50$ 5.00$ 34,750.00$ 97 200.34 40 SF Concrete Rip-Rap (5" conc.,adjacent to walkway)39.01$ 1,560.40$ 7.00$ 280.00$ 6.68$ 267.20$ 90.71$ 3,628.40$ 5.00$ 200.00$ 98 200.35 60 LF Curb Ramp to walkway (includes curbing)21.03$ 1,261.80$ 20.16$ 1,209.60$ 54.30$ 3,258.00$ 19.99$ 1,199.40$ 66.00$ 3,960.00$ 99 200.36 1 EA Underdrain with Plate & Rail (Slip resistant steel plate at parking lot flumes)4,130.86$ 4,130.86$ 3,795.00$ 3,795.00$ 6,895.00$ 6,895.00$ 6,021.90$ 6,021.90$ 7,500.00$ 7,500.00$ 100 200.37 2,955 SY Hydromulch - revegetation (Tiftuf Bermuda)0.52$ 1,536.60$ 0.59$ 1,743.45$ 2.65$ 7,830.75$ 1.07$ 3,161.85$ 0.75$ 2,216.25$ 101 200.38 61 EA Weeping/Trailing Lantana (3 gal., includes excavation, bed mix, mulch)35.08$ 2,139.88$ 33.63$ 2,051.43$ 43.60$ 2,659.60$ 47.02$ 2,868.22$ 38.00$ 2,318.00$ 102 200.39 148 EA Muhly Grass - Pink Cloud (3 gal., includes excavation, bed mix, mulch)27.96$ 4,138.08$ 26.81$ 3,967.88$ 39.10$ 5,786.80$ 41.43$ 6,131.64$ 30.00$ 4,440.00$ 103 200.40 69 EA Knock Out Roses (5 gal., includes excavation, bed mix, mulch)40.92$ 2,823.48$ 39.23$ 2,706.87$ 63.29$ 4,367.01$ 57.16$ 3,944.04$ 44.00$ 3,036.00$ 104 200.41 1,065 EA Asiatic Jasmine (1 gal., includes excavation, bed mix, mulch)4.59$ 4,888.35$ 8.71$ 9,276.15$ 12.92$ 13,759.80$ 9.55$ 10,170.75$ 10.00$ 10,650.00$ 105 200.42 2,310 SF Drip Irrigation - Driveway Median Bed 1.79$ 4,134.90$ 1.72$ 3,973.20$ 2.23$ 5,151.30$ 1.13$ 2,610.30$ 2.00$ 4,620.00$ 106 200.43 1 LS Irrigation Miscellaneous Appurtenances (controller, etc.)78,601.17$ 78,601.17$ 75,350.00$ 75,350.00$ 1,642.00$ 1,642.00$ 590.00$ 590.00$ 85,000.00$ 85,000.00$ 107 200.44 1 LS Existing Landscape Removal (remove all plant material, 6-in minimum bed material and irrigation in driveway median).6,884.77$ 6,884.77$ 6,600.00$ 6,600.00$ 4,159.00$ 4,159.00$ 295.00$ 295.00$ 7,400.00$ 7,400.00$ 108 300.01 1 LS Mobilization/General Requirements of Contract 61,560.71$ 61,560.71$ 225,000.00$ 225,000.00$ 135,745.00$ 135,745.00$ 4,720.00$ 4,720.00$ 79,500.00$ 79,500.00$ 109 300.02 1 LS Demobilization/General Requirements of Contract 5,737.31$ 5,737.31$ 500.00$ 500.00$ 16,416.00$ 16,416.00$ -$ -$ 560.00$ 560.00$ 110 300.03 1 LS Compliance with SWPPP 3,442.39$ 3,442.39$ 2,500.00$ 2,500.00$ 7,114.00$ 7,114.00$ 1,357.00$ 1,357.00$ 4,700.00$ 4,700.00$ Bid CertificationBid BondAddenda Acknowledged Y Y Y Y YYY Y Y Y YYYYY Calculation errors the highlighted amount is $ 1,151,942.75 $84,760.00 $2,600,735.00 Calculation errors the highlighted amount is Calculation errors the highlighted amount is Notes 1,976,086.89$ TOTAL BASE BID BASE BID SCHEDULE 300 - MISCELLANEOUS Landscape/Irrigation (Entry Median) Field #1-6 (Playground 2) Walkway Along Road (Parking NE Parking Lot to Pavilion near softball) 1,006,794.00 70,740.41$ SUBTOTAL MISCELLANEOUS SUBTOTAL GENERAL SITE AMENITIES 1,343,600.41 993,864.13 228,000.00$ 2,314,884.08$ 159,275.00$ 2,784,987.48$ 989,541.12$ 6,077.00$ 1,934,233.26$ Page 140 of 152 August 27, 2020 Item No. 4.6. Change Order to Construction Contract #20300576 Veterans Park Phase 1B Sponsor:Kelly Kelbly, Assistant Director of Parks and Recreation Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding approval of Change Order No. 1 to Contract No. 20300576 with JaCody Construction, LP. reducing the contract amount by $271,352.51. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends approval of the change order to the construction contract with JaCody Construction. Summary: The Veterans Park & Athletic Complex Phase 1B project consists of significant improvements and additions to the amenities and playability of the park. This project went to design and bid prior to the economic downturn caused by COVID-19. Amenities that were proposed in design and bid in the original contract included two playgrounds and their associated surfacing, seat walls, walkways and shade canopies. In an effort to remain fiscally diligent, staff has worked with the contractor to remove these portions of the project to lower the overall amount of the contract, but continuing with the necessary elements of the project. Budget & Financial Summary: The change order decreases the contract amount by $271,352.51. The new total amount of the contract is $1,662,880.49. On June 18, 2020, five (5) competitive proposals were received and evaluated by Purchasing and Parks staff. Funds for this project are budgeted through Parkland Dedication Funds Neighborhood Zone 4 & Community Zone C&D, Field Redevelopment Funds, and CIP Funds. Parkland Dedication, Field Redevelopment and System Wide Park Improvement funds can only be used to improve parks and, therefore, will be spent before CIP funds. Reviewed & Approved by Legal: No Attachments: 1.Change Order #1 Page 141 of 152 CHANGE ORDER NO. 1 DATE: 08/27/20 Contract No. 20300576 P.O.# PROJECT: Veterans Park Phase 1B OWNER:CONTRACTOR: City of College Station JaCoday Construction, LP P.O. Box 9960 10440 State Hwy 30, Ste 400 Ph: 979-774-5613 College Station, Texas 77842 Fax: 979-776-5693 PURPOSE OF THIS CHANGE ORDER: In reference to our current economic climate and outlook, the following reductions to project VPAC IB have been recmmended. The remainder of the project addresses needs related to accessibility, drainage, and park needs. ITEM UNIT ORIGINAL REVISED Reduce NO UNIT DESCRIPTION PRICE QUANTITY QUANTITY COST 64 70 Walkways (5" conc.) $17.01 70 -70 ($1,190.70) 65 1 Fabric Shade at Playground: USA Shade structure, Super Span Hip, 35 ft w x 50 ft x 12 ft. entry $40,442.14 1 -1 ($40,442.14) 66 1 Playground Equipment: GameTime Custom Mini- Jeepster & Excelsior unit (includes installation of equipment) $40,772.05 1 -1 ($40,772.05) 67 1750 Playscape Surfacing: Recycled Bonded Shredded Rubber on 4" reinf. Conc. Subgrade $18.48 1750 -1750 ($32,340.00) 68 80 Playscape Curb: Concrete $19.39 80 -80 ($1,551.20) 69 90 Seatwall at Playground (Masonry 18" wide x 18" ht.) $129.73 90 -90 ($11,675.70) 70 420 Hydromulch - revegetation (Tiftuf Bermuda) $1.89 420 -420 ($793.80) 71 135 Sod - revegetation (Bermuda '419 hybrid') $8.19 135 -135 ($1,105.65) 72 1 Shade Structure Canopy Lighting Allowance (includes equipment/tie-in to adjacent restroom service, conduit, wire, light fixtures (4) $6,552.54 1 -1 ($6,552.54) ($136,423.78) 86 60 Walkways (5" conc.) $10.92 60 -60 ($655.20) 87 1 Fabric Shade at Playground: USA Shade structure, Super Span Hip, 35 ft w x 50 ft x 12 ft. entry $40,442.14 1 -1 ($40,442.14) 88 1 Playground Equipment: GameTime Custom Mini- Jeepster & Excelsior unit (includes installation of equipment) $40,772.05 1 -1 ($40,772.05) 89 1750 Playscape Surfacing: Recycled Bonded Shredded Rubber on 4" reinf. Conc. Subgrade $18.48 1750 -1750 ($32,340.00) 90 80 Playscape Curb: Concrete $19.39 80 -80 ($1,551.20) Field #9, 10, &11 (Playground 1) Field #1-6, (Playground 2) Total Cost reduction Playground 1 Page 142 of 152 91 90 Seatwall at Playground (Masonry 18" wide x 18" ht.) $129.73 90 -90 ($11,675.70) 92 250 Hydromulch - revegetation (Tiftuf Bermuda) $1.20 250 -250 ($300.00) 93 90 Sod - revegetation (Bermuda '419 hybrid') $7.11 90 -90 ($639.90) 94 1 Shade Structure Canopy Lighting Allowance (includes equipment/tie-in to adjacent restroom service, conduit, wire, light fixtures (4) $6,552.54 1 -1 ($6,552.54) ($134,928.73) ($271,352.51) LINE 4 (PK1902-Altconstr2) 41659971-6561) (250,000.00) LINE 3 (PK1011-Construct) 41388971-6561) (21,352.51) TOTAL CHANGE ORDER (271,352.51) ORIGINAL CONTRACT AMOUNT 1,934,233.00 CHANGE ORDER NO. 1 (271,352.51) -0.14028946 % CHANGE CHANGE ORDER NO. 2 0 % CHANGE REVISED CONTRACT AMOUNT 1,662,880.49 -0.14028946 % TOTAL CHANGE ORIGINAL CONTRACT TIME Days Time Extension No. 1 Days Revised Contract Time 0Days SUBSTANTIAL COMPLETION DATE REVISED SUBSTANTIAL COMPLETION DATE APPROVED ______________________________________________________________________________________ A/E CONTRACTOR Date DEPARTMENT DIRECTOR Date _____________________________________________________________________________________ CONSTRUCTION CONTRACTOR Date ASST CITY MGR - CFO Date _____________________________________________________________________________________ PROJECT MANAGER Date CITY ATTORNEY Date _____________________________________________________________________________________ DEPARTMENT DIRECTOR Date CITY MANAGER Date THE NET AFFECT OF THIS CHANGE ORDER IS -0.14 % INCREASE/DECREASE. Total Cost reduction Playground 2 TOTAL Change Order Reduction Page 143 of 152 August 27, 2020 Item No. 4.7. Ordinance Extending Mayoral Renewal of Disaster Declaration Sponsor:Jeff Capps, Deputy City Manager Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an ordinance consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Relationship to Strategic Goals: Good Governance Recommendation(s): Staff recommend Council adopt the ordinance. Summary: On March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARSCoV2, (COVID-19). On March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19. On March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020. On March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020. On March 30, 2020, the College Station City Council adopted an ordinance consenting and approving the Second Mayoral Order. On April 21, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On April 23, 2020, the College Station City Council consented with Ordinance 2020-4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal. On May 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On May 28, 2020, the College Station City Council consented with Ordinance 2020-4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal. On June 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On June 25, 2020, the College Station City Council consented with Ordinance 2020-4195 to the Mayor’s June 22, 2020, Disaster Declaration Renewal. On June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating face Page 144 of 152 coverings for commercial entities until Friday, July 10, 2020. On July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings. On July 22, 2020, the Mayor of College Station issued a renewal to the Disaster Declaration. On July 23, 2020, the College Station City Council consented with Ordinance 2020-4203 to the Mayor’s July 22, 2020, Disaster Declaration Renewal. On August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls. On August 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, and July 22. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.August 27 Ordinance Renewing Disaster Declaration Page 145 of 152 ORDINANCE NO.__________ DISASTER DECLARATION RENEWAL AND EXTENSION ORDINANCE WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on April 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020, both consented to and extended by the City Council on March 23, 2020, in Ordinance No. 2020-4164; and WHEREAS; on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal; and WHEREAS; on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, and April 21, 2020; and WHEREAS; on May 28, 2020, the College Station City Council consented with Ordinance 2020-4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal; and WHEREAS; on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and Page 146 of 152 Ordinance No Page 2 of 4 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020-4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS; on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS; on July 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, and June 22, 2020; and WHEREAS; on July 23, 2020, the College Station City Council consented with Ordinance 2020-4203 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS; on August 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, and July 22, 2020; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and Page 147 of 152 Ordinance No Page 3 of 4 NOW THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF COLLEGE STATION: 1. That the state of disaster renewal proclaimed by the Mayor on August 21, 2020, as set out in Exhibit A is consented to and extended by the College Station City Council and shall continue until terminated by the College Station City Council. 2. This Ordinance is passed as an emergency measure and pursuant to local authority for emergency measures and shall become effective on the 27th day of August, 2020. PASSED AND ADOPTED, this 27th day of August, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 148 of 152 Ordinance No Page 4 of 4 EXHIBIT A DISASTER RENEWAL PROCLAIMED BY THE MAYOR ON AUGUST 21, 2020 Page 149 of 152 DECLARATION OF DISASTER RENEWAL WHEREAS, on March 17, 2020, the Mayor of College Station issued a proclamation declaring a state of disaster for the City of College Station resulting from the threat of a public health emergency resulting from coronavirus disease 2019, now designated SARS-CoV2, (COVID-19); and WHEREAS, on March 18, 2020, the Mayor of College Station issued an order closing all bars, limiting restaurants to only take-out, drive-through, or delivery services and amended the declaration to limit gatherings to less than ten (10) people in the best interest of the public health, safety and welfare to protect life in College Station in response to COVID-19; and WHEREAS; on March 23, 2020, the College Station City Council adopted an Extension of Disaster Ordinance with Ordinance No. 2020-4164 extending the March 17, 2020, Disaster Declaration and extending the Mayor’s Order of March 18, 2020; and WHEREAS, on March 23, 2020, the Mayor of College Station issued a Second Mayoral Order mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on March 30, 2020, the College Station City Council consented with Ordinance No. 2020-4166 to the Second Mayoral Order of March 23, 2020, mandating the citizens of College Station to shelter in place until Tuesday, April 7, 2020; and WHEREAS; on April 21, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, the order and amended disaster declaration proclaimed by the Mayor on March 18, 2020, both consented to and extended by the City Council on March 23, 2020, in Ordinance No. 2020-4164; and WHEREAS; on April 23, 2020, the College Station City Council consented with Ordinance 2020- 4169 to the Mayor’s April 21, 2020, Disaster Declaration Renewal; and WHEREAS; on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, and April 21, 2020; and WHEREAS; on May 28, 2020, the College Station City Council consented with Ordinance 2020- 4181 to the Mayor’s May 22, 2020, Disaster Declaration Renewal; and WHEREAS; on June 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020; and Page 150 of 152 Disaster Declaration Renewal Page 2 of 3 COVID-19 WHEREAS; on June 25, 2020, the College Station City Council consented with Ordinance 2020- 4195 to the June 22, 2020, Disaster Declaration Renewal; and WHEREAS, on June 25, 2020, the Mayor of College Station issued a Third Mayoral Order mandating commercial entities to require face coverings from: 6:00 A.M., Monday, June 29, 2020, and ending at 11:59 P.M., Friday, July 10, 2020; and WHEREAS; on July 9, 2020, the College Station City Council consented with Ordinance No. 2020-4197 to the Third Mayoral Order of June 25, 2020, mandating commercial entities to require face coverings; and WHEREAS; on July 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, and May 22, 2020, June 22, 2020; and WHEREAS; on July 23, 2020, the College Station City Council consented with Ordinance 2020- 4203 to the July 22, 2020, Disaster Declaration Renewal; and WHEREAS, on August 13, 2020, the Mayor of College Station issued a Fourth Mayoral Order delegating authority to the Texas A&M University President to approve gatherings over 10 people on state lands and facilities it owns or controls; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and WHEREAS, the conditions necessitating declaration of a state of disaster and mayoral orders continue to exist; and WHEREAS, said state of disaster requires that certain emergency measures be taken pursuant to the Texas Government Code, Chapter 418; and the following regulations shall take effect immediately upon issuance, and shall remain in effect until the state of disaster is terminated or as stated below; and Page 151 of 152 Disaster Declaration Renewal Page 3 of 3 COVID-19 NOW, THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEGE STATION: 1. Pursuant to §418.014 of the Texas Government Code the state of disaster is hereby renewed as proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020; July 22, 2020 are renewed, until terminated by the College Station City Council. 2. Pursuant to §418.108(b) of the Texas Government Code, the state of disaster shall continue for a period of not more than seven days from the date of this declaration, unless continued or renewed by the City Council of College Station. 3. Pursuant to §418.108(c) of the Texas Government Code, this declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary. 4. That this proclamation shall take effect on August 21, 2020. DECLARED this 21st day of August, 2020. APPROVED: ATTEST: ___________________ ___________________ Mayor City Secretary APPROVED: ___________________ City Attorney Page 152 of 152